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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 — 1 29. ' 9.00 1 POINT OF M i2 y' � "z o= BEGINNING N `�---� W m S89'48'44"E EASEMENT 1 z o` POINT OF "'o --� C> doss sF " Y BEGINNING o N89'48'44"W G ti EASEMENT 2 .Z m \ � 122.13' ____._�66�?`�8°k;�••...- 5��`3�sr�' s2�4•.: ��j, pc .•• .'t:32 33 /4 r Sv0 -T-T �. Ap pNYC DR. T oQQS WL Li J- co . cli CURVE TABLE (N CURVE LENGTH RADIUS DELTA BEARING CHORDco , M 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 5 4 E. LAKE HAZEL RD. \ONp.L LA IV4D S T .c a 11118 9 P TFOFN� 5� 0' Lan Iutimons 90' 180' 360' TON W"HP� Land Surveying and Consulting 231 E.STH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax pp www.landsolutions.biz JOB N0.20-29 - it 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 Page 1 of 1