Z - Supplemental Declaration - Eleventh - Recorded 2020-02-04 ADA COUNTY RECORDER Phil McGrane 2021-018766
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 02/04/2021 08:50 AM
RECORDING REQUESTED BYAND TITLEONE BOISE $34.00
WHEN RECORDED RETURN TO:
Sky Mesa Development, LLC
Attn.:Jamison Nakaya
729 S. Bridgeway Place
Eagle, Idaho 83616
(Space Above For Recorder's Use)
ELEVENTH SUPPLEMENTAL DECLARATION
NOTICE OF AMENDMENT
TO THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR SOUTHERN HIGHLANDS SUBDIVISION
THIS ELEVENTH SUPPLEMENTAL DECLARATION AND NOTICE OF
ANNEXATION is made effective on the 1r4 day of 3 ,1w r 2021, by SOUTHERN
HIGHLANDS HOMEOWNERS ASSOCIATION INC., an Idaho corporation (the
"Association"), SKY MESA DEVELOPMENT, LLC, an Idaho limited liability company (the
"Declarant"),and SKY MESA EAST,LLC,an Idaho limited liability company(Easement Owner).
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Southern
Highlands Subdivision were recorded on January 22,2015,as Instrument No. 2015-005263,Records
of Ada County, State of Idaho (the "Declaration"); the First Supplemental Declaration to the
Declaration of Covenants, Conditions and Restrictions for Southern Highlands Subdivision was
recorded on August 15,2016,as Instrument No.2016-074736,Records of Ada County,State of Idaho
(the"First Supplemental Declaration");
the Second Supplemental Declaration to the Declaration of Covenants, Conditions and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on August
25, 2016, as Instrument No. 2016-079080, Records of Ada County, State of Idaho (the "Second
Supplemental Declaration");
the Third Supplemental Declaration to the Declaration of Covenants, Conditions and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on
December 6, 2017, as Instrument No. 2017-116324, Records of Ada County, State of Idaho (the
"Third Supplemental Declaration");
the Fourth Supplemental Declaration to the Declaration of Covenants, Conditions and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on July 5,
2018, as Instrument No. 2018-062519, Records of Ada County, State of Idaho (the "Fourth
Supplemental Declaration");
the Fifth Supplemental Declaration to the Declarations of Covenants, Conditions and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on March
5, 2019, as Instrument No. 2019-017195, Records of Ada County, State of Idaho (the "Fifth
Supplemental Declaration");
the Sixth Supplemental Declaration to the Declarations of Covenants, Conditions, and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on March
5, 2019, as Instrument No. 2019-017207, Records of Ada County, State of Idaho (the "Sixth
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 1 of 7
Supplemental Declaration");
the Seventh Supplemental Declaration to the Declarations of Covenants, Conditions, and
Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on
December 3, 2019, as Instrument No. 2019-120960, Records of Ada County, State of Idaho (the
"Seventh Supplemental Declaration");
the Eighth Supplemental Declaration Notice of Annexation and Amendment to the
Declaration of Covenants, Conditions, and Restrictions for Southern Highlands Subdivision was
recorded on May 20, 2020, as Instrument No. 2020-059508, Records of Ada County, State of Idaho
(the "Eighth Supplemental Declaration");
the Ninth Supplemental Declaration Notice of Annexation and Amendment to the Declaration
of Covenants, Conditions, and Restrictions for Southern Highlands Subdivision was recorded on
November 18, 2020, as Instrument No. 2020-157776, Records of Ada County, State of Idaho (the
"Ninth Supplemental Declaration");
and the Tenth Supplemental Declaration Notice of Annexation and Amendment to the
Declaration of Covenants, Conditions, and Restrictions for Southern Highlands Subdivision was
recorded on November 18, 2020, as Instrument No. 2020-157785, Records of Ada County, State of
Idaho (the"Tenth Supplemental Declaration").
WHEREAS, the Declarant is authorized to amend the Declaration pursuant to Article VII,
Section 7.4 of the Declaration,and the Declarant desires to amend and supplement the Declaration as
set forth in this Eleventh Supplemental Declaration;
WHEREAS,the Declaration,the First Supplemental Declaration,the Second Supplemental
Declaration,Third Supplemental Declaration,Fourth Supplemental Declaration,Fifth Supplemental
Declaration, Sixth Supplemental Declaration, Seventh Supplemental Declaration, Eighth
Supplemental Declaration,Ninth Supplemental Declaration,Tenth Supplemental Declaration, and
this Eleventh Supplemental Declaration shall be jointly and collectively hereinafter referred to as
the"Declaration";
WHEREAS,Easement Owner is an affiliated development entity of the Declarant and is the
owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the
"Easement Property", more particularly described on Exhibit"A."
WHEREAS, the Declarant, Easement Owner, and the Association desire to subject the
Easement Property to the covenants,conditions,restrictions and provisions of the Declaration and to
annex the Easement Property under the Declaration; and
WHEREAS,the Association is authorized to subject the Easement Property to the covenants,
conditions, restrictions and provisions of the Declaration and to annex the Easement Property under
the Declaration pursuant to Article VIII, Section 8.1 of the Declaration upon the consent of the
Declarant, the Easement Owner and the filing of this Eleventh Supplemental Declaration in the real
property records for Ada County;
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 2 of 7
ELEVENTH SUPPLEMENTAL DECLARATION:
NOW, THEREFORE, under and pursuant to Article VII, Section 7.4 of the Declaration, the
Declarant does hereby amend,restate, adopt and supplement the Declaration as follows:
ARTICLE VI
EASEMENTS
Section 6.8 Shared Driveway Easement.
The areas described on the attached Exhibit "A" are subject to a shared driveway easement for
perpetual ingress and egress to access future lots that adjoin to the north of Easement 1 and
future lots that adjoin to the east of Easement 2. The Lots that adjoin the shared driveway shall
maintain the driveway and surface, and the structural integrity to support fire vehicles and
equipment. The Association shall maintain the landscape and irrigation within the Easement
Area. The Shared Driveways shall be kept free and clear for ingress and egress purposes and no
parking is allowed.
GENERAL PROVISIONS
Declaration Controlling. Except as amended by this Eleventh Supplemental Declaration,
the Declaration shall remain unchanged and in full force and effect.
Recitals. All of the recitals referenced herein in this Eleventh Supplemental Declaration
are fully incorporated by this reference as if set forth in full, and are deemed included.
Binding on Successors. The Declaration, including this Eleventh Supplemental
Declaration, shall be binding upon and inure to the benefit of the Declarant, the Association, and
any Owner, as defined in the Declaration, their successors and assigns.
[End of text. Execution on following pages.]
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 3 of 7
IN WITNESS WHEREOF, the Association and the Declarant have executed and
acknowledged this Supplemental Declaration effective as of the day and year first written above.
ASSOCIATION:
SOUTHERN HIGHLANDS HOMEOWNERS
ASSOCIATION INC., an Idaho corporation
By: ,�/'i� L
Name: c�✓►ni Sa n
Its: President
By: �--
N me: z-
Its: Secretary
STATE OF IDAHO )
ss.
County of Ada )
On this _ day of F y- , 2021, before me the undersl4ned, a Notary Public in
and for said State, personall appeared 1 and
sbrb 9- , known or identified to me to the Presiden and Secretary,
respectively, of SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION INC., an Idaho
corporation,the corporation that executed the instrument or the persons who executed the instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day
and year in this certificate first above written.
rA
Notary Public for Idaho
'. �o� .No.4-* Residing at Q.l�' �.J , Idaho
�yOTAR y s My Commission Expires: 3
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 4 of 7
DECLARANT:
SKY MESA D LOPMENT,LLC, an Idaho
limited liab' ' y ompany
By:
J es H. nter
Its: r
anager
STATE OF IDAHO )
ss.
County of Ada )
On this day of T: ,2021,before me the undersigned, a Notary Public in
and for said State,personally appeared Jame H.Hunter,known or identified to me to be the Manager
of SKY MESA DEVELOPMENT, LLC, an Idaho limited liability company, the company that
executed the instrument or the person who executed the instrument on behalf of said company, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day
and year in this certificate first above written.
� Notary Publ r Idaho
�.. P1N,A GI'z� Residing at , Idaho
�.•`�c�••. 01
No¢•. �';� My Commission Expires:_
G 40TAR)- .
c
fft j UB LICNtj
OF
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 5 of 7
EASEMENT OWNER:
SKY MESA EAST, LLC, an Idaho
limited liabi ' company
By:
s . unter
Its: anager
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2021, before me the undersigned, a Notary Public
in and for said State, personally appeared J6hes H. Hunter, known or identified to me to be the
Manager of SKY MESA EAST, LLC, an Idaho limited liability company, the company that
executed the instrument or the person who executed the instrument on behalf of said company, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day
and year in this certificate first above written.
AA �A.-,�
•.•`°��,1.A� fl n Notary Pu i or Idaho
Zoo
P1 No � Residing at �jId�ahgo�
_ ;oTAR 1, My Commission Expires ?b
PUB C a:
•i�}' z •0
off••.. P �.
��'••q2)�,01Z'l9o••��
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 6 of 7
EXHIBIT "A"
SHARED DRIVEWAY EASEMENTS
ELEVENTH SUPPLEMENTAL DECLARATION,NOTICE OF AMENDMENT TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 7 of 7
EXHIBIT "A"
SHARED DRIVEWAY EASEMENTS
SKY MESA SUBDIVISION NO. 4
1/4 �29 N89'43'43"W 2656.26, 29 28
. _ . _ . _ .
32 E. AMITY RD. 32 33
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S89'48'44"E EASEMENT 1 z o` POINT OF "'o
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CURVE TABLE (N
CURVE LENGTH RADIUS DELTA BEARING CHORDco
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Ct 52.64' 71.00' 42'28'50" S4718'59'W 51.44' I N
C2 45.80' 71.00' 36'57'40" N39'55'26"W 45.01'
32 33
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231 E.STH ST.,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
pp www.landsolutions.biz JOB N0.20-29 -
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Legal Description
Common Access Driveway Easements
Sky Mesa Subdivision No. 4
Easements located in the NE Y4 of Section 32,T.3N., RA E., B.M., City of Meridian, Ada County, Idaho,
and more particularly described as follows:
EASEMENT 1
Commencing at an Aluminum Cap monument marking the SE corner of said NE%,from which an
Aluminum Cap monument marking the NE corner of said NE %bears North 0°13'21" East a distance of
2677.54 feet;
Thence North 66°22'38"West a distance of 520.43 feet to the POINT OF BEGINNING;
Thence a distance of 52.64 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve
having a central angle of 42028'50" and a long chord bearing South 47018'59" West a distance of 51.44
feet to a point;
Thence North 89048'44"West a distance of 122.13 feet to a point;
Thence North 0011'16" East a distance of 35.00 feet to a point;
Thence South 89048'44" East a distance of 159.83 feet to the POINT OF BEGINNING.
Said easement contains 4,768 square feet more or less and is subject to any other easements existing or
in use.
EASEMENT 2
Commencing at an Aluminum Cap monument marking the SE corner of said NE Y4, from which an
Aluminum Cap monument marking the NE corner of said NE %bears North 0013'21" East a distance of
2677.54 feet;
Thence North 51°43'54"West a distance of 271.01 feet to the POINT OF BEGINNING;
Thence a distance of 45.80 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve
having a central angle of 36057'40"and a long chord bearing North 39055'26"West a distance of 45.01 feet
to a point;
Thence North 0011'16" East a distance of 125.31 feet to a point;
Thence South 89039'36" East a distance of 29.00 feet to a point;
Thence South 0011'16"West a distance of 159.66 feet to the POINT OF BEGINNING.
Said easement contains 4,022 square feet more or less and is subject to \oNp,t l.A Np.s
any other easements existing or in use. ��,yS T E G,pG
k Iz oft
Clinton W. Hansen, PLS a 8
Land Solutions, PC
February 1, 2021 0
FOF CO
\A'�-
Lai'n__�dblutlons Sky Mesa 4 Driveway Easements
--"'Land surveying and con=Mng .lob No.20-29
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