Norton, Steve
W...;, ".
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
l<.PPLIC.Zl...T\!T NAME: STeve. NOJL-roe-,)
ADDRESS: 1-)1 (;,
rJ.5t'-<JN,LeA... LrJA y
Jll) . .
PfLID.n"V
PHONE ~?7-lcr,)Cj
3](,-722.00,jk)
'to 'i;361lL .
OWNERS NAME & ADDRESS: (If different than al:x::JVe) -<;(j rf'\,:?_
PRCOF OF CWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATrACHED)
LEGAL DESCRIPI'ION OF PROPERrY: IDT# ;2 7 ELK #- 'i
SUBDIVISION /1/0. 5
II " !
f/l/~;-fe'l.s POINIc:J
PRESENT USE & ZONlliG OF PROPERTY (2c.:r,i:,,:r:Jf'~O L
SCHEMATIC DRAWThlG: ATTACH DRAWING SHOOING BUILDINGS, STREEI'S & PROPOSED FENCE:
SURROUNDING PROPERrY CWNERS: LIST OF THE MA.ILnilG ADDRESSES OF AU:.. PROPERTY
ONNERS (FROM AUl'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IW) HUNDRED (200)
FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDUCED 'ID
PERMIT THE PROPOSED FENCE: See, 19 t-;-(JcJ~D. J...O P-r 'SeT SF,r/,,( Fnae,," jJrw.;,,c1!'V+/I
,
/.-:Ne,. of'! :'(; De <lP He).)$' C (O)J ':;11 G-eHeiV G(:
o
--
-.J /J ,YI
,,(J<{h,NCf
TO R e. D ,J iCe.. 7'11/.1
'c L
'10 I~.J FT FI1..()/V\ pn.opC:.A.,+y 'Nf:..-
o~
A'lTACH APPLICATION FEE OF $ ..s;::J
ATTACH STATEMENT THAT FENCE IS ALLOi\lED UNDER THE RESTRICI'IVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRIcrIVE COVENANTS PERI'A.INmG TO FENCES:
APPLICANTS SIGN~ ~
DATE RECEIVED
CCMMITI'EE HEARING DATE
RECEIVED BY
ROBERT D. CORRIE
Mayor
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
COUNCIL MEMBERS
CHARLES M, ROUNTREE
GLENN R, BENTLEY
RON ANDERSON
KEITH BIRD
GARY D. SMITH. P.E,
Public Works Director
May 11, 1998
Steve Norton
2716 N. Shoveler Way
Meridian, Idaho 83642
HE: Fence Variance Request
2716 N. Shoveler Way
Dear Mr. Norton:
The Fence Variance Committee of the City of Meridian met in your presence at
4:45 P.M., May 4, 1998, in City Hall to consider this request.
After due consideration, the Committee decided to allow this variance request
to construct a six (6) foot tall wooden fence in your side street setback area
subject to the following:
1. The face of the fence shall be set fifteen (15) feet from the yard edge of
sidewalk along E. Sage Hen Court. The fence shall return to the house at
its southeast corner.
2. The ground area between the fence and sidewalk shall be landscaped
and maintained by you.
3. The board side of the fence shall face E. Sage Hen Court.
4. The City of Meridian has no jurisdiction in the enforcement of the
provisions of your subdivisions Protective Covenants. Since this is a
variance to a provision of your covenants we suggest you also contact
your Homeovmers Association for their approval.
5. Please obtain a fence building permit from the City Building Department
prior to beginning construction.
Thank you for complying with the City ordinance in requesting this variance.
J~~
Gary D. Smith, PE
Chairman, Fence Committee
Cc: File, City Clerk, Building Inspector
200 East Carlton, Suite] 00 . Meridian, Idaho 83642
Phone (208) 887-2211 . Fax (208) 887.1297
r... ,............ "..............oj ".....~.un.. I.3U.Ll:" COURSE MUST Il1}IJ1:: A GATE
(
Fen( .. Regulation
INSIDE LOT
s;roperty L1 ne ,/
...... ,/
CITY OF MERlO
)3 E"ast fdaho
8S8-4433
Solid or Qpen'rence
Behind Set Bact
3' Solid Fence
or 4' Open Chain
Link Type Fence
t~ Front of Setback
*+
Fence Regulatio
CORNERLO
"" I
P
. ~
:..f6"e
.-ge,v
3' Wood or Solid Fen~
~' Open Fence
~ ~ Site Triangle
~'" \
3' eha in Link
or Open Fence
./
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. of the Revised and
Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 4:45 o'clock P.M., on May 4, 1998 for the purpose of
reviewing and considering the application of Steve Norton for a variance from the Meridian
Fence Ordinance at the property legally described as follows: Lot 27, Block 4, Hunters
Pointe #5 Subdivision and knoVVTl by the address 2716 N. Shoveler Way, Meridian, Idaho
83642. The Applicant proposed to reduce the required distance from 20 feet to 15 feet.
The public is welcome. Testimony, objections, and comments will be heard and
considered by the Committee.
A written decision of the Committee will be issued to the Applicant and any person
requesting in writing a copy of the decision will be furnished one.
Any aggrieved party may appeal the decision of the Committee directly to the
Meridian City Council pursuant to Section 11-2-416 G. 1.
DATED this 6th day of April, 1998.
\\1\HIHlllltt!
\\\ . 1\,., /'1
'\\\.':.1 Of l~i!:i~fr\ 11.....;1\
" :<.,'~~__ '>o'il4A -=-
f~ (} r..tff.{iYfiPC&1tl~.J '7 ~\
:::~.:f5. () ~
~ i
~ SEAL ~
;:: T. A:I...
~ (t> ....~..'O i
-~ ~".. '........(;&r '11~ "",/ ",1, .::-
~ v. -~~..t'~~ ~
";. .1 ^ tQ, ~...
"'" '-T .""" 'I ..'
"'I., dUN ~ l' ,,\
'.,/ ",
IIlIlt/li I\H\\\
TRACT !>JOOI\l$I(lN ><(I, .
g
;.;
~~
!fl. I
;J
~
l'!
l:l
"
~
~
~
-I
CD
~
I ~
"l) I I
i fi~ I
ff~m~
e r:
- P I
~
5.00 1lO"':lo\":n ( 4.JC.K
;CO - ~tr.2."'.35" W.... -4.J0.sn - - n. .11-
~_SIl"I..l"_'IT.I">>~'" ~ ~ '.
~~ 'n,~.
~ NOltDl = _1of: ~ ASIS Of" IlEAIIING
OiATEAU l<<AOOY<! NO. . ;li tolf
~~ ~~
~ ~
:; ~
!;i
- ...
::: po !'II P ~ '" S" f-- "" ~ ~
h:i~l;nliP! lH;Hi !:l~ir~rl;:plU
H !~~fhqi !h' [~~f hf dJ!;1l. f8d
~B rll~.;'l v..q - ! ~ 'i 1- a,.r!l,'l{i VI
11 t~jl~.:;ri lif i~! "!! _! !HH:hU!
· ql ~3 al. Hf !J~ ,;~ ..) I.hill,..!h
h ti ~i Ui t ! I~~ H In;h~ [~i hrz
i..g..lif !f rh[ngf",ltpIUQ
I" ;H!~ ~ I" -14 .Il -~if'~Pi I tl;;!
If Ii il~li HI ~ j! :l!il1i !I 'I"
,hI :li~g 'ih -,J Ji U ilf<<l Ii J,.
I" fi ~Hj !i[l !1! ~, ;! iJi!1 i1 if
1i '; ~!ffl Iri in 1~. Hit Ii d
~ J l i f i"~ !ll" "!l, f
~. f tH ~l ~u
.. ~
'"
n
,..
,-
r:>
II
i i . ·
~
a
1'1
z
o . 00 0
5b"O"'~~i!1~""'"
O};:!i--z-P~
';<i;~.5S~~:: -: ~
. ~.~. .. ~ d 0
q:N:slll":' '.
~ .. ';, . (j ~ :f ... s:>
~ :r..!'" g -ll
9 1<' ~gZD"""
... III ",,"~.5""g
i :i_ 5"5"jil:;ll~~
'8 . "":I' '::>,::> ~
f s;S:j!:~v.l.o_
~'Jl"l;J..!'k;~
~ g.l~g gg
~ /; /; ...
" s:> " ::r ~ ~
! ~~~!.~a
r ;li ;>:~5' p'
GGdl..i
~ ~ ii'!.!
~ g g
..
~
~~
g'"
Ill;';
;::g
....,..c:n:
;;5
~r.t
20",
~~
~o
~'"
;~
90
"!O?;
;~
&~
i;
29
~~
!ll~
~s
S!
"
..
:;j
~
~~ '1
f'f'
....
~)::
-,
~<
..,
~
o
,-f
~
:>
o
t-3
"U
::>- Tt\ r
a ~ VJ)>
~~ C-l
>- =02: to
......CJ~ '-'~ ~ '
(()>-}q fia~ ~
(()()~_x?i <!.
....O~sg-H{I)
T'"~~ ~~ wI
-l - ~ J.....40
:< ia~ O~
- <:7> Zz
(J
Z
o
::::
1"'1
:::0
a
>-
z
CJ
>-
:J:
o
01
Fenc~. qegulatfon
k .OELOT
~i"'Operty l .e
.....
CITY OF ~ERIOIA
33 !:ast Idaho
8B8-44 33
I
Solid or Open Fence
Behind Set Back
3' Solid Fence
or 4' Open Chain
Link Type Fence
t~ Front of Setback
Fence Regulation
CORNER LOT
taa.~ Open Access *+
to Water Meters
**( and Fire Hydrant
4'X41 ground area)
61 Wood.. Solid
or ppen Fence
~
\\.\cV\("\ ~efU
\
d.l\j \.); SY1~\U l\jGvu
. ~. \
(\\6' \, I. OJ\. --:cO ~?j..Q,L\ L
:;;';". .
o-~~%;"":
txn ~ \.Zor-(') U \="Vl c.:z, tI \'
d/3~ l\L Snoveler WrNj
f'flerlo.~OC\ ~ ~6{gu.G
~9~-OMi
\
e. A1'<'e.~ ,~ \' e rt~o. f' \ =r<YV.LC)
\
O-\.o\\S l\). i:oY10vd.~r lk\O-..\J
'~ \
ffif../\u..\rAil ; xv:) "b0ltL 4,2-
.
%q<6 -- 04 %0
~j ?b \Q'1~O u.J..Ls
\ \..\J"4 f. ~ a.~ ~ C t-
f{\e.{(~ Q.() ~ tf&pYi2t
%<64- ~O~1-
<=-'J~ Ta~W'
~t:tD? f.-~ ~'Y ~ 00urt
JY\U,C\\CKI
~'-~..:::.~ :to ~Y2
tqCO~Oo~~
n eNlt'n :b t..o.rr t ~ M\
\4").\ e. 6a~ \~ ct,
1'f\ u ~ c.l ~CJ1 ::t: 0 g 3lo \{ L
%<64" S~S,
;)C>hr'\ ~x.......
, l...\ ~ "\ e. 't::,a- (/- \..kt1 CJ-
f(\er ~ cL ~ 'K:P ~ ~lt. 4"2-
t;'E;~- 44~/
00fJ~ bc~ Orm~d1~
'lorD'? f' s~ \-t ~ c;J;-
mlf~o...~ On ~ ~'-f2-
~<6<3"" 6~D
...;~_;:~~ :.' ,~"':~. \~ ;~~i ~..-::' :~~.,-,~~'- ~~].T:':~rr.-~~~:~; ~::::~~~~~,~;:~:C'~;~~:'.~'~;;?:-:'~S~'-~'1'.i~':}~Y;~~,;:~:.~~~;;:1~~w:.f({r.l<!.-;tj.r:tJ;J~~:;!J.~!~#Y;;'~!:~~)?j;tlif~~?!;~1;JJ~mr~1I~-:i~~)11~}~~}11~~~~1;r;:'
-."
ltY.rt..;) f t:K COpy
!
..~.t'~9-2( ,86
1. 431. 0-:0 62i".
!is;:;
DECLARATION 02 PROTECTIVE
RESTRICTIONS AND COVENANTS
TRACT SUBDIVISION (Sometimes
DATED: July 7, 1992
RECORDED:
INSTRUMENT NO.
commonly kno~n as HUNTER POINTE>
4795 EMERALD
BOISE, IDAHO
83706
336., 054
ARTICLE I
KNOW ALL MEN BY THESE PRESENTS.
certify and declare that they
hereinafter described:
That the undersigned does hereby
are the a~ner o:f the property
All o~ t~e lands located in Lots 1
through 15 of Block 1 and lots 1
through 11. of Block 2, lots 1
through ~ of Block 3, Lots 1 through
9 o:f Block 4 and Lot 1, Block 5 ot
Tract Subdivision, Phase #1
<sometimes knovn commonly as Hunter
Pointe) Ada County, Idaho, according
to the official plat hereof on file
in the office of the County Recorder
of Ada County, State of Idaho.
NOW THEREFORE, the undersigned hereby declares that these
protective restrictions and covenants shall run vith the land
described herein and shall be binding upon the parties hereto and
all successors in title of interest to said real property or any
part thereof, for a period o:f thirty (30) years irom the recorded
date of these covenants at vh~ch time said Protective Restrictions
and Covenants shall be automat~cally extended :for successive
periods ot ten (10) years unless the oyners ot legal tit~e to not
less than t"'o-th~rds <2/3) of the platted residence tracts of
platted lots by an instrument or instruments in yriting, duly
signed and acknoYledged by them shall then terminate or amend sa~d
Protective Restrictions and Covenants and such termination or
amendment shall become effective upon filing of such instrument or
i.nstruments :for record in the office of the Re~order oi Ada County,
Idaho. Such instrument or instruments shall contain proper
re:ferences by volume and page numbers to the record of this
Declaration in vhich the Protective Restrictions and Covenants are
set forth and all a~endments hereof.
A. Annexation. Decla:::-ant presently intends to develop Phases I
through VIII of the p:::-operty. The annexed property (Phases II
through VIII), at the Declarant's sole discretion, may be used
and developed for any purpose allo..,ed under appropriate zoning
regulations. Such other phases may be brough t ~ i thin the
provisions of this Declaration by Declarant, it's successors
0:::- assigns, at any time and from time to time, 'lfithout the
approval 0 f aZi y O'lfner, the Associa ti on or' its Board of
Directors.
.,
Tract SubdiVision (sometimes commonly kno..,o as HUNTER PO!HTE)
n~~1~-=~~n~ _ o~,~~ 1
. ,".. 1'0:..... .,;-iU:;,,;....I.i;..-"!
1. <!,J:1 fJ c: 0 8~~
B. Add i t io nal Pro oert ies. Su b j ect t a the prov isions of ?aragraph
A above, all provisions contained in this Declaration shall
apply to the added p~operties in the same manne~ as if it vere
originally covered by this Decla~ation, s'..:oject to such
modification, changes a~d deletions as specif:cally provided
in any Supplemental Declaration.
C. Procedure for Annexation. The additions authorized under
Paragraph A above, shall be made by filing of record, a
Supplemental Declaration or other similar instrument '.rith
r-espect to the other properties or portion thereof, 'lfhich
shall be executed by Declarant or the o~ner thereof and shall
extend the general plan and scheme of this Declaration to such
other properties suject to the changes, modifications,
deletions and additions as are applicable to such other
Declara tion. The f il ing o:f record of said Supp lemen tal
Declaration shall =~nsititue and effectuate the annexation oz
the other properties or portion thereof described therein, and
thereupon said other properties or portion thereof shall
become and constitute a part of the properties, become subject
to this Declaration and encompassed vithin the general plans
and scheme of covenants, conditions, restrictions,
reservations of easements and equitable servitude contained
herein as modified by such Supplemental Declaration for such
other properties or portion thereof, and become subject to the
functions, povers and jurisdiction of the Association and the
owners of lots in said other properties or portion thereof
shall automatically become members of the Association. Such
Supplemental Declara t.ion may contain such additions,
modifications or declarations of the covenants, conditions,
restrictions, reservations of easements and equitable
servitude contained in this Declaration as may be deemed by
Declaran t des irab le to reflect the dLfferen t cha:-acter, if"
any, oz the other properties or portions thereof, or as
Declarant may deem appropriate in the development of the other
properties or portion thereof.
D. Aooroval for annexation. In addition to the foregoing
procedures, as long as there is Class B membership in th.is
corporation, annexation must have HUD/YA approval.
ARTICLE II.
A5:EHDME.HTS
BY GRANTOR. Until the close of escro~ for the sale of the first
building lot in the Property, the provisions of the Declaration may
be amended or terminated by Grantor by recordation of a written
instrument setting forth such amendment or termination. ror the
purpose of this Declaration, the close of escrow shall be deemed to
be the date on which a deed granting a bu~ldi~g lot is recorded in
the office of the Ada County Recorder.
Tract Subdivision (sometimes commonly kno~n as HUNTER POINTS)
~~~l~-~~i~~ _ p~~~ ~
c.... ~.-.''''i.;...fjD~'''1
1.~~31. 0 r:?062a
u,
BY 'OWNERS. Amendment of the Declaration of Protective Restrictions
and Covenants requires at least tvo-thirds (2/3) vote of the lot
o'dners. PROVIDED HOWEVERI such amendments provided for herein
shall be first subject to the approval of Federal Housing
Administration a~c/or the Veterans Administration as long as Class
8 membership exists. A~y amendment must be recorded and the same
shall become e!fecti'"le upon the filing of such instrument or
instruments in the office of the County Recorder of Ada County,
Idaho.
ARTICLE III
PROPERTY USE RESTRICTIONS
A. Buildinq Restrictions. All lots in said subdivision shall he
kno'JIn and described as residential lots and restricted to
residential uSe =0 alloyed by current applicable zoning
regulations and no structure shall be erected upon building
site therein other than one detached single family dvelling
vith none of the dvellings erected to exceed tvo (2) stories
in height.
B. Type ax Build~nq. All buildings shall be of frame, stone or
brick and shall be maintained in a good state of repair and if
other than brick or stone shall be finished and painted and
such finish to be kept in good repair. All buildings shall be
required to have some atone, brick or stucco on .:front of
building. Said property shall be used in such manner as to be
inoffensive t~ any other property ovner thereof.
Archi tectural Asphalt shingles, equivalent to PABCO HO-25
CLASS A 9LIT or yood shingles or. as approved by the
Architectural Control Committee are required. The roo! pitch
for all buildings shall be six-tvelve (6/12) pitch or greater.
c. Minimum Buildinq Size. Any residential building erected upon
said property shall have a floor area required under'
prOVisions set by the Architectural Control Committee. In no
event shall the required area be less than 1.350 square feet
of ground floor area o~ a one-story house or 800 square feet
o:f :first floor area in the case of tvo-story. , No split entry
buildings are alloyed. The minimum ground f'loor area shall be
exclusive of garagel carport, patiol breezeway, storage room,
perch and deck floor area. No bUildings shall exceed thirty-
t~o (32) feet in height u~less approved by the Architectural
Commi t tee. All dvelling units must be constructed yi th a
minimum tvo (2) car attached garage.
D. Build.inq Location. No dyelling unit or other structure
(exclusive of iences and similar structures) shall be placed
nearer to the building lot lines than permitted by the plat
zor the property or applic89le zoning lays. The subdivision
is located in an R-8 zone 'tIith the tolloYing setbacks:
Front:
Side:
Side:
Tventy (20) feet
(Interior lot line) five (5) feet per story
<Corner lot line) tventy (20) feet
Tract Subdivision (sometimes commonly knovn as HUNTER POISTS)
Dec1a~2~ion - ?a=~ 3
14310~9.S24
Rear:
Fifteen (15) feet
In no event is any building to be located with setbacks i.n
violation of City of Xeridian zoning regulations in effect at the
time of the reco~d~~g of these documents. All founcations shall be
of a h~ight to ass~re a~d provice for pro?er slope and drainage
from all lets.
S. Prosecution of Construction Work. The construction ot each
d~elling and associated st~uctures shall be prosecuted
diligently a~C continuously from time of commencement thereof
until such dvelling and associated structures are fully
completed and painted. All structures shall be completed as
to ex~ernal ap?earance including finish painting, within three
(3) months ::rcm the date of commencement of construction
unless prevented by causes beyond the control of the ovner or
builder and only for such time as that cause continues.
F. Movinq o:f Buildinq. autbui~dingB No outbuildings or
structures shall be moved onto said real property or building
site except a nev fabricated atructure at a type and des~gn
approved by the Architectural Control Committee. Further
provided, that a ne~ fabricated building or structure shall
have a HUD-FHA structural engineering bulletin issued and in
current existence. Ho trailer houses or mobile homes shall be
parked in any street or within building setback lines. No
mobile home, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a
residence either temporarily or permanently, nor shall any
residence oi a t8mporary character be permitted.
G. Billboards-Siana. No sign OI ~ny kind shall be displayed to
the public vie~ on any residential bUilding site except one
professional sign of not more than !i ve (5) square feet
advertising the property tor sale or rent, or signs used by a
builder or the Declarant to advertise the property during the
construction and sales period.
H.. ?Uninq and Orillinq Operations. No portion ot the propert.y or
any lot shall be used Ior the purpose ot mining, quarrying,
drilling, boring or exploring for or removing vater, oil, gas
or other hyd~ocarbons, minerals, rocks, stones, gravel, earth
or stea:n.
I. Excavation, Defacinq of Landscape. Ho excavation for stone,
sand, gravel, earth, or minerals shall be made upon a building
site unless such excavation is necessary in connection vith
the erection 0= an approved structure thereon.
J. Refuse Disposal - Material Storaae. Ho lot shall be used as
a dumping ground for rubbish or as a storage site tor building
or other materials, trash, garbage, ashes and other ~aste or
refuse. Such mate'rials shall be kept only in suitable
sanitary containers and shall not be throvn, dumped or
othervise disposed of upon the real estate. All incinerators
Tract Subdivision (sometimes commonly kno~n as HUNTER POINTE)
08c1~-~~~"an - ~~~~ ~
:i4310.(':062~
or other equi.pment :for the storage or disposition of such
material shall be kept in a clean and sanitary condition vith
such material being periodically disposed of as required by
appropriate local health authorities.
K. Fences - Hedqes. Ho .fence, '.-all, hedge 0:::- sh:-'.lb plan.ting
vhich obstructs sight lines at elevation bet~een 3 and 8 feet
above roadvays shall be placed or permitted to remain on any
corner lot vi thin the triangular area :formed by the street
proper'ty line and a line cont'.ecting them at points 25 feet
from the intersection of the street property lines extended.
The same sight line li.mitations shall apply on any lot vithin
ten (10) feet from the intersection o.f a street property line
vith edge of a drive'day or alley pavement. Ho t:::-ee shall be
permi t ted to remain 'd i thin such distances oi such in tersecti.on
unless the foliage li.ne is maintained at sufficient height to
prevent obstruction of such sight lines. No ience, '!fall,
hedge, or shrub planting which obstructs view shall be placed
nearer to front ~ct line than twenty (20) feet nor to street
side yard of, :fifteen (15) feet, but i.n no case closer to
street than building setback line. Fences shall be constructed
of dog earred cedar pickets. Ho fence shall be greater than
si.x (6) feet in hei.ght above street level. Fences must comply
with ci.ty ordinance.
L. Landscapinq. Within thirty (30) days after the completion of
construction of the building on a building lot (unless such
time is extended by t.he Architectural Committee for good
cause), the Grantee of such lot shall install the landscaping.
Landscaping must include the following:
1. Sod tor .front and side yards of corner lots
2. Sod for front yards of interior lots
3. All tront yards to have at least one (1) .?ppro\led
tree having a diameter of at least tvo (2) inches.
A grantee shall maintain the landscaping on his building lot
in a neat and attractive condition, including all necessary
gardening to properly maintain and periodically replace vhen
necessary the trees, plants, grass and other vegetation. It
is understood that the Grantor is filing and recording
documents to set up a Property O~nerg Association o:f Tract
Subdivision <marketed as Hunter Pointe> for the purpose of
maintenance of all landscape easement areas.
M. AniDals. Ho animals. livestock or poultry of any kind shall
be raised, bred or kept on any lot, except that dogs, cats or
other household pets may be kept prov~ded that they are not
kept, bred, or maintained :for any commercial purpose and
provided that the keeper af such pets complies vith all city
and county lavs, rules and regulations. All dogs and ,cats or
household pets kept on these premises shall be properly fed
and cared :for and shall be adequately fenced so as not to
annoy or trespass upon the use of the property of others.
Dogs shall not be alloved to run at large. No ovner or o~ners
of a building lot may keep more than tvo (2) domesticated pets
on a building lot. Ho dog runs or kennels shall be permitted
Tract Subdivision (sometimes commonly knovn as HUNTER POINTS)
D~cla~aticn - Pace 5
'-
1/10"": O,-rOt"""'")c
_..l-L . \::>.c........
to be kept or placed ~ithin five (5) ieet of th~ property line
of any lot, or within five (5) feet of a setback line where
applicable. Dog runs or kennels shall only be permitted to be
placed and maintained to the rear of dwellings and in no event
shall auch structures be visible from a street.
H. Sevaqe Disposal Svsteas. Water and Utilities. Uo individual
se~age disposal system shall be used and each Gra~tee shall
hook on to the Heridian City Sewer System and pay all charges
assessed therefor, including the monthly se....er charge to be
paid a!ter connecting to the Meridian Ci ty pub Li.c sever
system, according to the ordinances and laws of Meridian City.
Grantee shall submit to inspection by either the Depart~ent of
Public WorKs or the Building Department whenever a subdivided
lot is to be connected to the se....age system constructed and
installed on and 'd'i.thin its property. All lots shall use
water provided by the Meridian Water Department, no lot shall
have an ~ndivid~~l water system. Such Grantee agrees at h~s
sole expense to pay connection charges as established by
applicable utility entity connecting thereto. The undersigned
owner shall not be l~able for the cost thereof but may recover
funds advanced to utilities after installation.
Each O'oiner of a lot shall be responsible for maintaining,
repairing and replacing the sewer services a~d/or public vater
connection lines vhich service the owner's .dwelling unit on
the lot. Any utility easement which exits for the benefit of
the O'dners of any lot within this development shall be
accessible for repair/replacement of said utility l~ne lying
'd'ithin the easement. '
All utility services shall be underground, including without
limitation, telephone, electricity and cable television.
O. Antennae. No television antennae, satellite receivers or
radio aerials shall be installed or alloyed to remain on the
property other than the interior of a unit.
P. Ho Unscreened Vehicles. Boats. Callpers. Other Vehi.cles and
Other Ite.a. No unsightliness shall be permitted on any lot
or com:non area. Wi thout 1imi t.ing the generality o! t.he
zoregoing, all unsightly facilities, equipment or structures
shall be enclosed v~thin approved structures, or appropriately
screened from viev. Travel trailers, recreational vehicles
(must be less than 26' long, 10' high and 8' vide), boa ta,
tractors, snow removal equipment, golf carts, garden or
maintenance equipment shall at all times, except when in
actual use, be kept in an enclased structure or screened from
v~eY. Refuse, garbage and trash shall be kept at all times in
cotfered, reasonably noiseless containers vhich shall be kept
vithin an enclosed structure or appropriately screened from
viev. Service areas, storage piles, compost piles and
:facili ties :for hanging, drying or airing clothing or household
:fabrics shall be appropriately screened from viev. No lumber,
grass, shrubs or tree clippings or scrap or refuse or trash
shall be kept, stored or alloyed to accumulate on any lot or
common area.
Tract Subdivision (somet.imes commonly knovn as HUNTER PO!HT~)
,. _._ - ..... I
1o.."'tiJ'~""" "_;':':'^ ....~..~", .
..L ':t't..J..L U'.. ; U h ":)
'h !r..~"'" ...~-+-: ....:--,::,.7
Q. L1ahts# Sound - General. No light shall be emitted ~rom any
lot within the p~operty or from common a~eas which light is
un~easonably bright or causes unreasonable glare. No Sound
shall be emitted from any lot 'or common area 'dhich is
unreasonably loud or annoying, and no odors shall be emitted
on any property which are noxious or offensive to others.
R. Zonina COBPliance. Each owner shall comply with all
applicable zoning, fire and public health and sa~ety codes and
ordinances applicable to the owner's building lot.
~
Tract Subdivision (sometimes commonly known as HUNTER POIHTE)
1131.0S'0628
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
A. MelCbers of the COllilmi t tee. The A:-ch i tec~u::;,al Co :ni;li t tee,
sometimes referred to as the ~Committee~, shall consist of
three (3) members. The folloving persons are hereby
designated as the initial members of the Committee:
Bob Jones
Dan Frison
Jon Barnes
Each ot said persons shall hold oitice until such time as he
has resigned or has been removed or his successor has been
appointed, as provided herein.
B. Riqht o~ Appointment and Removal. At any time Grantor is the
ovner o~ at least ten percent (ley.) of the lots, Grantor shall
have the right to appoint and remOVe all members o:f the
Committee. Thereafter, the then record ovners of a majority
o:f the lots shall have the po,*er through a duly recorded
written instrument to appoint and remove all members of the
Committee. In the event of the death or r.esignation of a
member c:f said Committee a representative viII be appointed to
fill the vacancy. The povers and duties o:f such Committee or
c:f ita designated representative ahall close after all lots
have been aold and the building(s) described in Article III
have been completed. Thereafter the approval described in
this covenant shall not be required unless prior to said date
and efiective thereo:f a vritten.instrument shall be executed
by the then recorded ovners of a majority 0= the lots in this
subdivision and duly recorded appointing a represen~ative or
representatives vho shall thereafter exercise the same povers
previously exercised by said Committee.
Hei ther the Committee nor any Member thereof nor its duly
authorized Committee Representative shall be liable to any
oyner or Grantee ior any loss, damage or.injury arising out oi
or in any yay connected vith the performance oi the
Committee's duties hereunder unless due to the vilIiul
misconduct or bad faith oi the Committee. No member of such
Committee nor its designated representative shall be entitled
to any compensation :for services performed pursuant to this
covenant.
C. Review ai Proposed Construct.ion. No building s_hall be
erected, placed or altered on any building lot in this
subdivision until the building plans, specifications and the
plat plans sho.ing the location of such building shall have
been approved as to location of the building vith respect to
topography, property iines and finish ground elevation by the
Committee. The Committee shall reviev and approve or
disapprove all plans submitted to it tor any proposed
improvement, alteration or addition on the basis inter alia oi
aesthetic consideration of color schemes, exterior :finishes
Tract Subdivision (sometimes commonly knovn as HUNTER POINTS)
14310~06Z9
and materials and sim~lar zeatures and the overall benef~t or
detriment yh~ch yould result to the immediate vicinity and the
property generally and the other standards and requirements
set forth herein. Exterior' colors shall be' neutral colors
only. Ho green, blue, red, pink, yello'", or purple colors
shall be alloyed on exterior valls. The Committee shall not
be responsible for revieving, nor shall its approval of any
plan design be deemed approval of any plan or design from the
standpoint of structural safety or conformance vith building
or other codes.
The Committee may act ....ith a si:n~le majority present to
fulfill it's duties and povers. The Committee shall have full
po....er to approve or di.sapprove such designs or location ."i thin
ten (30) days after such plans and specifications have been
subm~tted. One non-returnable plan must be submitted to the
committee and approva~ or rejection of such plan 'IIill be
issued in 'IIritin~~~
ARTICLE V
VACATIOHSp RELOCATIONS, EAS~EHTS
The undersigned o....ners further reserve to themselves, their
~icensees, successors and assigns, the right and poyer to vacate
and relocate or to p~at ney streets by instrument filed of record,
any street or alley as long the undersigned o....ner o....ns each of the
parcels vhich are adjacent to the street both vacated and relocated
on the new and old right-of-Ysy and provide an adequate roadyay ~n
place of any vacated. Provided, nevertheless, vacation and
relocation, easements~ right-of-ways and streets allowed hereunder
shall be made in .accordance vith the minimum standards of the State
of Idaho, Ada County and Meridian, Idaho laws and ordinances and
regulations thereunder in relation to platting in effect at the
time of the construction of improvements. This provision shall nct
be deemed to include any provisions of statute giving any Grantee
hereunder the right to object to such variances, relocations,
vacations and dedications and such rights of protest are
transferred to the undersigned ovners hereunder.
Where any restrictions, easement or dedication herein vary from the
requirements of the subdivision or other ordinances of the city or
county having jurisdiction and the req'.Jiremen ts of the city or
county ordinances relative to subdivision are more restrictive,
said more restrictive requirements shall be deemed to be a part
hereof as if set forth herein as part of these Restrictive
Covenants. This limitation shall apply in particular to locations
of public easements and yaya where- the same ere particula:--ly
required by such ordinances but not set forth herein.
VIOLATIOHS OR ATTEMPT TO VIOLATE RESTRICTIOHS
That ~h~~~~i~~rantee violate or attempt to violate any of the
provisions of these Protective Restrictions and Covenants any other
person or persons ovning any real property embraced in the sa~d
""___.>. c"..."'/~..~~';,..," (<::'''''mo~~m'::><=l ,..n:l1:l1Clnlv k~'"I.",n ;::lg HUNTER ?OINTE)
11310f:06,'3L
aubdivision plat shall use these Protective Restrictions and
Covenants either to prevent him or them I~om dOing so or to reCOVer
damages sustained by reason OI such violation.
Any o~ne~. or the c~ne~ of any ~ecorded mo~tgage upon any part o~
said prope~ty, shall have the right to enforce, by a proceeding at
la'a' or in equity, all restr ictions, condi tions, covenan te,
reserva tions, liens and charges no... or hereaIter imposed by the
provisions of the Declaration. Pailure by any o...ner to enforce any
covenant or restriction herein contained shall in no event be
deemed as a vaiver of the right to do so thereafter.
In the event ot judgment against any person for violation of this
Declaration the Court may a...ard injunction against any person for
such violation, require such compliance as the Court deems
necessary, a~ard such damages, reasonable counsel fees and Court
costs as may be suffered or incurred. and such other or further
relief as may be deem~~~just and equitable.
The invalidation of any provision, sentence or paragraph contained
in these Protecti.ve Restrictions and Covenants by ~judgement or
court order shall in no 'rIay affect or- invalidate any at the
provisions, sentences or paragraphs ot said Protective Restrictions
and Covenants but the same shall be and remain in effect.
ARTICLE VI
TRACT SUBDIVISION HOMEOWNERS ASSOCIATION. IHC.
Marketed as HUNTER POIRTE
6.1 Orqanization of Asaociati~ The Tract Subdivision (marketed
as Hunter Polnte) Homeovner'g Association, Inc. (Association)
shall be organized by Declarant as an Idaho corporation under
the provisions ot the Idaho Code relating to gen~.r:al non-
pr-o~it corporations and shall be charged with the duties and
invested vith the povers prescribed by lay and set forth in
the Articles, By-La ...s and this Declars tio n. Nei ther the
Articles nor the Sy-Lavs shall, for any reason, be amended or
othervise changed or interpreted so as to be inconsistent vith
the Declaration.
6.2 nembersh~p. Each oyner (including Grantees and Declarant) of
a lot by virtue of being such an ovne~ and for so long as such
ovnership is maintained, shall be a Me~ber oi the Association,
and no oyner shall have more than one membership in the
Association, except as her-einafter set forth vith respect to
voting. Memberships in the Association shall not be
assignable, except to the aUCcessor-in-interest of the ovner,
and -all memberships in the Association shall be appurtenant to
the lot owned by such ovner. The memberships in the
Association shall not be transferred, pledged or alienated in
any yay except upon the transfer of title to said lot and then
only to the transferee af title to said lot. Any attempt to
make a prohibi ted membe~sh~:~7t.ra;+Ffer shall be void and "ill
not be reflected on the bOOKs "o.f~he Association.
. ~
:14310006"".4!
- \J...:...
6.3
Vot~nq. The Association Yill have tvo (2) classes of voting
.memberships.
A. Claaa A. Class A members shall be the o....ners, 'dith the
exception of the Declarant, and shall be entitled to one
(1) vote for each lot o....ned. When more than one person
holds an interest in any lot, all such persons shall be
members. The vote for such lot shall be exercised as
they determine, but in no event shell more than one (1)
vote be cast vith respe~t to any lot.
8. Clasa B. The Class B member shall be the Declarant.
Upon the first sale of a lot to an ovner, declarant shall
thereupon be entitled to four (4) votes for each lot OZ
vhich declarant is the O'dner. The Class 8 membership
shall cease and be converted to Class A membership vhen
seventy-fivt::'~'d 75%) percent of the lots are deeded to
homeovners or an January 1, 2000, vhichever event should
:first occur.
6.4 Board OI Directors. The affairs of the Association shall be
conducted by a Board of Directors and such officers as the
Directors may elect Or appoint, in accordance vith the
Articles and By-Lavs, as the same may be amended from time to
time. The initial Board of Directors of the Association shall
be appointed by the incorporators or their successors and
shall hold office until the first annual meeting, at which
time a new Board of Directors shall be elected in accordance
vith the provisions set forth in the By-Lavs.
6.5 Pover and Duties ox the Association.
A. Povers. The Association shall have all the povers o~ a
non-profit corporation organized under the general non-
profit corporation lavs of the State of Id~ho subject
only to such limitations upon the exercise of such pavers
as are expressly set forth in the Articles, the By-Laws
and this Declaration. It shall have the paver to do any
and all lavful things vhich may be authorized, required
or permitted to be done by the Association under this
Declaration, the Articles and the ByLavs, and to do and
perform any and all acts which may be necessary or proper
for, or incidental .to the proper management and operation
of the common areas and the performance o:f. the other
responsibilities herein assigned, including without
limitation;
1. Assesa~ents. The paver to levy assessments
(annual, special and limited) on the ovners of lots
and to force payment of such assessments, .all in
accordance yith the provisions of this Declaration.
2. Riaht of Enxorcement. The paver and authority from
time to time in its ovn name, on its ovn behalf or
in behalf of any Qvner or ovnera vho consent
.... __ _.L '-_.L 1,,~
"t _ _ ,___
_ tr, .".....,....1""1 __ _ ,....._,
,"
3.
4.
5.
6.
:t431-0'C'0632
thereto, to commence and maintain actions and suits
to restrain and enj 0 in any breach 0 r three tened
breach of this Declaration or the Articles or the
By - La ;(s, including the Assoc ia t ion rules adopted
pursuant to this Declaration, and to enforce by
manda to ry inj unction 0 r other-;(ise, a 11 pro.... iaions
hereof.
Deleaation o:f Poyera. The authority to delegate
its paver and duties to committees, o:ffice~a,
employees or to any person, firm or corporation to
act as manager . Neither the Association nor the
members ot its Board shall be liable for any
omission or improper exer-cise by the manager ot any
such duty or po;(er so delegated.
Association Rules. The paver to adopt, amend and
repeal ni'majority vote of the Board such rules and
regulations as the association deems reasonable
(the Association rules). The Association rules
shall govern the use of the common areas by the
owners, families o:f an owner, or by an invitee,
licensee, lessee, or contract purchaser of an
oyner; provided, however, the Association rules may
not discriminate among oyners and shall not be
inconsistent with this Declarationr the Articles or
By-Lavs. A copy of the Association rules as they
may :from time to time be adopted, amended or
repealed, shall be mailed or othervise delivered to
each owner. Upon such mailing or delivery and
posting, said Association rules shall have the same
force and effect as it they were set torth in and
were a part o~ this Declaration. In the event ot
any conilict betveen any such Association rules and
other provisions of this Declaration, or the
Articles or By-Lavs, the provisions of the
Association rules shall be superseded by the
provisions of this Declaration, the Articles or the
By-Lavs to the extent ot any such inconsistency.
Emerqency Payers. The Association or any person
authorized by the Association may enter upon any
lot in the event oi any emergency involving illness
0:- potential danger to li.:!e or property or when
necessary in connection vi th any maintenance or
construction ior which it is responsible. Such
entry shall be made 'tIith as little inconvenience to
the ovners as practicable and any damage caused
thereby shall be repaired by the Association.
Licenses. Easements and Riqhts-Qf-~ay. The paver
to grant and convey to 'any third party such
licenses, easements and rights-oi-yay in, on or
under the common area as may be necessary or
appropriate :for the orderly maintenance,
preservation oi the health. safety. convenience and
14310C'Of)J3
wel:fare of
constructing,
the o'dners, t:or the pur pose of
erecting, operating or maintaining:
a. Underground lines, cables, vires, conduits and
other devices for the transmission of
electricity for lighting, heating, pO'lfer,
telephone and other purposesj
b. Public sewers, storm drains, weter drains and
p ipes, vater systems, sprinkling systems,
vater, heating and gas lines or pipes; and
c.
Any similar public or
improvements or facilities.
quasi-public
The righ t to grant such licenses, easements and
rights-af-vay are hereby expressly reserved to the
Associa ;':::::on.
7. Dut~es of the Asaocia-tion. In addition to the
pover delega.ted to it by the Art.icles, yi:t:.hout
~imiting the generality thereof, the Association or
its agent, if' any, shall have the obligation to
conduct all business affairs of common interest. to
all ovners, and to perform each of the following
duties:
a. Operation and l!aintenance a:f COlII.on Area.
Operate, maintain and othervise manage or
provide Ior the operat.ion, maintenance and
management. of the common area including the
repair and replacement ot propert.y damaged or
destroyed by casualty loss and all other
property acquired by the Asso~~ation.."
b. Taxes and Assesa..ents. Pay all real and
personal property taxes and assessments
separately levied against the common area
o~ned and mana.ged by the Association or
against the Association 'and/or any property
owned by the Association. .Such taxes and
assessments may be contested or compromised by
the Association; provided, hovever, that they
are paid or a bond insuring payment is posted
prior to "the sale or disposition of any
property to satisfy the payment of such taxes.
In addition, the Association shall pay all
other taxes, federal,. state or local,
including income or corporate taxes levied
against the Association in the event that the
Association is denied the status of a tax
exempt corporation.
c. Water and Other Ut~litiea. Acquire, provide
and/or pay tor vater, sever, garbage disposal,
refuse and rubbish collection, electrical,
telephone and gas and other necessary services
Trac~ ~uhri~V~Q~n" ,_"__.J---
..,..___.a. r..t....JJ
d.
14310'~'08J4
tor the common area and other property o~ned
or managed by it.
Insurance.
companies
Sta te ot
:follo....ing
Obtain, from reputable insurance
authorized to do business in the
Idaho and maintain in e.:iect the
policies of insurance:
.1. Comprehensive public liability insurance
insuring the Board, the Associationt the
Declarant and the individual o~ners and
agents and employees of each of the
foregoing against any liability incident
to the o~nerghip and/or use of the common
area or other property o~ned or managed
by it. Limits of liability at such
coverage shall be as zollovs~ Hot less
_'.~, than Five Hundred Thousand Dollars
($500,000.00) per person and Five Hundred
Thousand Dollar ($500,000.00) per
occurrence vith respect to personal"
injury or death, and property damage.
2. Such other insurance including Workmen's
Compensation insurance to the extent
necessary to comply vith all applicable
lava and indemnity, faithful performance,
.fideli ty and other bonds as the Board
shall deem necessary or required to carry
out the Association zunctions or to
insure the Association against any loss
from malfeasancE' or dishonesty of any
employee or other person charged vith the
management or possession o~ any
Association iunds or other property.
3. The Association shall be deemed trustee
of the interest of all members of the
Association in any insurance proceeds
paid to it under such policies, and shall
have :full pOller to. receive their
interests in such proceeds and to deal
there"'i tho
4. Insurance premiums for the above
insurance coverage shall be deemed a
common expense to be included in the
annual assessments levied by the
Association.
5. Hot."i thstanding any other provisions
herein, the Association shall
continuously maintain in effect such
casual ty, tlood and lia bili ty insurance
and a zidelity bond meeting the insurance
and fidelity bond requirements oi ?UD
projects established by the U.S.
1431000635
Department at
Development.
Housing
and
Ux-ban
E.
Rule Makinq. Make, est a blish, promulgate,
and repeal the Association rules.
amend
F.
Architectural Committee. Appoint and
members ot the committee, all subject
p.oviaions o~ this Declaration.
remove
to the
G.
Drainaqe Systems. Opera~e, maintain, repair
replace the landscaped berm, including
sprinkler system installed thereon.
and
the
H. R:!.qht-o~-''''ay Maintenance. Maintain, repair and
replace the landscaped berm, including the
sprinkler system installed thereon, and the fence
locate~~~n the public right-oi-yay which lies along
the boundary 02 the Property.
I. Irriqation Maintenance. Maintain, repair and
replace all irrigation lines Or channels located in
or serving the common area, and to pay all
maintenance and construction fees of the irrigation
distr~ct with respect to the property, vhich
amounts shall be assessed against each ~ot as
provi.ded her-ein.
6.6 Personal Liability. No member oz the Board or any committee
o~ the Aseociat~on, or any oiiic~r ox the Association, or the
Declarant, or the manager, ii any, shall be personally liable
to any owner, or to any other party, including the
Association, for any damage, loss or prejudice suitered or
claimed on the account of any act, om~s8ion, error or
negligence o:f the Association, the Board, the manager, i:f any,
or any other representative or employee of the Association,
the Declarant or the committee, or any other committee, or 'any
o~iicer of the Association, or the Oecl~rant provided auch
person haa, upon the baais oi such information as may be
poasessed by him, acted in good faith -vithout vill:ful or
intentional misconduct.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESS~ENTS
7.1 Creation of the Lien and Personal Obliqation of Assessments.
For each lot oyned vithin the Properties, each ovner (subject
to the pro'lision in paragraph 7.4:) by acceptance of a deed
therefor, yhether or not it shall be ao expressed in such
deed, is deemed to covenant and agree to pay to the
Association:
A. Set up tee to be collected at close of sale to homeovner
in an amount equal to one year's regular assessment
Fiity and no/100s dollars ($50.00)
E. Annual regular assessments or charges, and
Tract Subdivision
(sometimes commonlv \1-1"1,......- -- ."."...........
1'\__"_
14310CO~-:,R
.....u ....'
c.
Special assessments
assessmen ts to be
hereinafter provided.
for capital
established
improvements, such
and collected as
D. Limited assessments as hereinafter provided.
The set up fee, annual, special and limited assessments,
together ~ith interest as alloyed by the By-lavs or Idaho lav
whichever is greater, costa and reasonable attorneys' feee,
shall be a charge an the land and shall be a continuing lien
upon the property against which each such assessment is made.
Each such assessment, together 'lith interest, caste and
reasonable attorneys' fees incurred in a collection effort
whether or not suit has been filed, shall also be the personal
obligation of the person who vas the ovner of such property at
the time vhen the assessment fell due. The personal
obligation for delinquent assessment shall not pass to his
successors in titi6 unless expressly assumed by them.
A. Purpose of Assessments. The regular assessments levied
by the Association shall be used exclusively to promote
the recreation, health, safety and velfare of the
residents in the properties and for the improvement and
maintenance of the common area, and to pay the annual
assessments of the irrigation district and other
financial obligations.
B. Special Assessments for Cacital Improvements. In
addi tion to the annual regular assessments authorized
above, the AasQciat~on may levy, in any assessment year,
a special assessment,appliceble to that year only for the
purpose of deiraying, in vhole or in part, the cost of
any construction, reconstruction, repair or-replacement
of a capital improvement upon the common area, including
::fixtures and personal property related thereto, provided
that any such assessment shall have the assent of tvo-
thirds (2/3) of the qualified voters, either in person or
by proxy at a meeting duly called for this purpose.
C. Limited Assessments. The limited assessments may be
levied against any ovner in an amount equal to the costs
and expenses incurred by the Association, including legal
fees for corrective action necessitated by such ovner,
including, vi thout limitation, costs and expenses
incurred ::for the repair and replacement o:f the common
area or ather property o'tned or maintained by the
Association, damaged by negligent or villiul acts of an
owner or occupant o:f e lot vho is occupying the lot vith
the consent at such ovner, or :for maintenance oi
landscaping performed by the Association vhich has not
been performed by ovner as provided herein.
7.2 Maximum Annual Assessment. Until J.anuary 1 of the year
immediately folloYing the conveyance of the first lot to an
owner, the maximum annual regular assessment shall be Fifty
and no/100s dollars ($50.00) per lot, to be billed and paid
semi-annually.
14310~0637
A. From and after January 1 of the year immediately
following the conveyance of the first lot to an o~ner,
the maximum annual assessment may be increased each year
not more than five percent <S/.) above the maximum
assessment for the previous year vithout a vote of the
membership of the Association as provided belo~.
S. From and after January 1 of the year immediately
following the conveyance of the first lot to an owner,
the maximum annual assessment may be increased above five
percent ~ 51.) by a vote of three- fourths (3/ 4:) of the
ovners who are voting in person or by proxy, at a meeting
duly called for this purpose.
C. The Soard of Directors may fix the annual assessment at
an amount not in excess of the maximum.
7.3 ~otice and Quorum ~~r any Action Authorized Under Sections 7.1
and 7.2. Written notice of any meeting called ior the purpose
o:f taking any action authorized under Sections 7.1 and 7.2
shall be sent to all members not less than thirty (30) days
nor more than sixty (60) days in advance of the.meetingi At
the first such meeting called, the presence of members or of
proxies entitled to cast fifty one percent (SLY.) of the votes
sha~l constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-ha~f (1/2) of the required quorum at th~
preceding meeting. No such subsequent meeting ahall be he~d
more than sixty (60) days follovinq the preceding meeting.
7.4 Uniform Rate of Assessment. Both annual -and special
assessments must be fixed at a uniform rate for all lots and
may be collected on a semi-annual basis;. provided, however,
that during the time there is a Class B member, such Class B
member' s obligation shall be limited to the difference between
the amount of regular and special assessments levied against.
all l.ots not o'd'ned by Declarant and "t;he amount of the
Association's actual expenses rather than those gums otherviae
due by Class A members established in 7.1 and/or 7.2 above.
7.5 Date of Commencement of Annual Assessments - Due Dates. The
annual regular assessments provided for herein shall commence
as to all lots on January 1, 1993. The Board of Directors
shall fix the amount of the annual assessment against each lot
at least thirty {30> days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent
to every ovner subject thereto. The due dat..es shall be
established by the Board of Directors. The Association shall,
upon demand, and tor a reasonable charge, furnish a
certificate signed by an officer of the Association setting
forth whether th~ assessments on a specified lot have been
pa~d. A properly executed certificate of the Association as
to the status of assessments on a lot is binding upon the
Association as of the date of its issuance.
..,...,..~~.... c::"1,s.....,(-ft7;e;;-- ,______.L.!___ ----.- ..
14310rO~38
7.6 Effect of Nanoavment of Assessments - Remed~es of the
Association. Any assessment not paid ~ithin thirty (~0) daye
a~ter the due date shall bear interest from the due date at
the rate of six percent (6Y.) per annum. The Association may
bring an action at law against the o~ner personally obligated
to pay the same, or ~orecloBe the lien against the property_
Ho owner may vai.ve or othervise escape li.ability zor the
assesaments provided ~or herein by non-use of the common area
or abandonment of his lot.
7.7 Subordination of the Lien to Mortqaqes. The lien of the
assessmenta provided for herein shall be subordinate to the
lien of any first mortgage. Sale or tranafer of any lot shall
not affect the assessment lien. However, the aale or transfer
of any lot pursuant to mortgage foreclosure or any proceeding
in lieu thereof, shall extinguish the lien o:f such assessments
as to payment Yh~ became due prior to such sale or t.rana;fer.
Ho sale or trana:fer shall rel~eve such lot zrom liabilit.y ;for
any assessments thereat:ter becoming due or from the lj.en
thereof.
7.8 Etf"ect at Honpavment as Aaainst Mortqaaees. No mort.gagee
shall be required to collect an assessment, and the failure of
a lot owner to pay assessments shall not by itself cause a
default under an insured (HUD/VA) mortgage.~
ARTICLE VIII
Identification and Use of Common Area
8. 1 Common Area. The common area granted to the Tract Subdivision
Homeowner I a Associati.on, Inc., an Idaho Corporation, (marketed
as Hunter ?ointe), :for Phase I, is described aa:
Lot 1 Bleck 1
Lot 1 Block 4
Lot 1 Block 5
This common area shall be conveyed to t.he association free and
clear o:f all liens and title encumbran~es <other than
easements, taxes, and common restrictions).
8. 2 ~ Every lot ovner shall be entitled t.o a right and
easement of enjoyment to. the common area, and the title to the
common area shall be considered appurtenant to the lot owner's
ti tie.
8.3 Mortqaqe o~ Common Area. The common area cannot be mortgaged
or conveyed to anyone vithout the consent ot at least tvo-
thirds ot the lot. ovnera (excluding the Declarant).
8.4
Liability to Lot Owners.
liability for damage to
~njury to another arising
a~~a, merely by virtue of
No individual lot. ovner shall have
th!=, cammon area or liability for
out of someone'a use of the common
be~ng a lot. owner.
Tract Subdivision (snm"",+ -4 m<=>c> ,................-,.. ,-- -'--
,
~.
~
\~'O~t:J
1/!310COS20
IN WITNESS WHEREOF, the undersigned o~ner has
Dec~ation of Restrictions and Covenants on the
~JO./ . 1992.
exec~ed this
R day of
STATE OF IDAHO
n L. Barnes
sident, Properties West, Inc.
County o:f Ada ?i. rJ
On t.h.is f da~D;f ~ . 1992, be;fcre me, t.he
undersigned, a Notary Publ . in nd .for said State, personally
appeared .Jon L.. Barnes, knovn to me to be the person vhose naMe-is
subscribed to t.he within and .foregoing instrument, and acknovledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and a.f.fixed my
official seal the day and year in this certi.ficate :first written
above.
~~~..~
Not y Public .for Idaho
Residing at Boise, Idaho .
My commission exp ires /.;I-;?~ - f S-
".."\ ...'.....:.... ~..a....
.... ~ ~.J V.' .
,,-........ .. n ..
.,.- \ ..,.............. ~ .
.: ...: ~ .-,... .... 4""" .'.
~ ~.:..... "'-. .,'C ....
: ::.5: -:\0 t -\.9 y -; .
~ : \ : :.."
: -~- :*:.
-: " e; , ~_ : ~
- . P J'" . v. .
~ lIP..... '......-- . ."~ ""'
.". ..... ,? ..."'...., ...... ..... ....
~"': ... ...... ........... ~ ... .....
.'",,,,' -' ..... ~ ~
I~ . ,.
+ .'.'._t ,..
....
/-; 9 2 ~ ~ 986,
).VMfV...!.~ ~
AD..-t CC:!r l!iv /0
'-'11,:. FOR
~E~~~IDDE~~ ';AR~ ~.{f;~~
~92 JUL 8 Pl7 1 Q{?~
'.'
""""":'___L t!!!!':..L...-i~..._~__.,__ ,__.
1.8~6000Z31
4795 EMERALD
BOISE, IDAHO
83706
336-1054
siT??LEMENTAL-OECI..ARATICrrr---'" -
TRACT SUBD!VISIQN PHAS~ 5
DATED: JUNE 28, 1995
KNOW ALL MEN BY THESE PRESENTS.
cert.i:fy ant! declare that t.hey
h~reina:fter d~scribed:
That the undersigned does hereby
ar.e t.he ownEl'X' o:ft.he 'propeX'ty
All a:f the lands located in Lots 11 thru '40 Block 4, Lots ' :3
thru 16 Block 9, Lata 2 thru 21 Block 10, Lots 2 thru 13 Block
17, ox Tract Subdivision Phase 5 (somet.imes commonly known as
HUnter Pointe Phsse 5) Ada County, Idaho, according ~othe
o.f:ficial plat hereo:! on :file in theo:f:fice o:f.. the County.
Recorder o:f Ada County, State of Idaho. ' .
NOW 'THEREFORE, the undersigned declares, ,'that this Stip:;iementel'
Declaration is being :filed in accordancevith 'ArticleI,_ Seleti-one..
A thru D o:f the Declaration o:f:prote~ive'~Reat.r:i.ctions - and
Covcmanta :for Tract Suhdivision (gQmet.imes olllmonly:knownBs'Hunt.er..
Pointe> recorded as instrument No. 9244986 on July 8,1992. . art :file' .
in t.he o:ffice o:f th~ Ada;;,County Recorder.. Stata- of Idah~.. .
The :filing o:f record of this Supplemental Declaration shall'
constitute and ef:fectuat~ the annexation Qf Tract Subd~vision Phase
:5 and shall' make it aubj ect to all prQvision,a ,cont.ained in .the
original Declarat.ion named above as i:f it were o:dginelly covered
by said Declaration. ' .~., -
IN WITNESS WHEREOF, the underai
Supplemental Declaration on t.he
execut.ed 'this
1995.
STATE OF IDAHO
County of Ada
On . this & f zf,L day o:f 1. ~ . 1995, be:fore me, t.he -
undersigned~ a Notary Public in. and ;for said St.ate, per$onally
eppea~ed Jon L. Barn~~~ known to me to be the person whose name is
subscribed to the within and :foregoing inst.rument, and acknowledged
to me that. he executed the same.
IN WITNESS WREREOF, I have herecnto set.-my hend and a:f:fixed by
o:f:ficie,i., "seal thEl' day and ye in thiB ee~'t.i:ficl'lte :first wr:l. t:ten
. '."J~'I_., ......~. .' +
abQ,~~"(:~':':" ,',: ,
"J/"" "..' . .."... 9 5 0 II 3 8 G i..
r . ' .
?: ,.._t......ff..,. ~.. "t' /.
/iii;;.' ;..-,,: 0 v ,) >"" ' ,
..~~:J. ~...... ... ^ ~
'r" ,.'''~ -\ ...,...'.....11Io..... 4..~ "", ".,'. :,'
~ .l..J... ".,. ..".",*-:'\. 'r':, ". F _. .
:' "'l~ -.. ...c:. -.. ..j". -,ttl'
t ~: 'N.01 A~:,.. '';.. ';. "\,:
/IN::. : \ ; ~ ..~..
- . -~,- "'/.- .
.: ~ -; ." : .:........' .
1 ~~ PU",,- \v: : "
~ r!""'... 'l,;r .....~" ," '\
.- "~....' >. ....... ..... -....,.'- .' ;.;-
: : J.'~ ~I',: " ;.:........;. \<': r ..... t,..'
'\~i, ' .'.,... I)' .....
... . '.1.; ..:.J I, tIO:1t.I.,.1 !
,..