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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. 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'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. 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