Haskin Findings•
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
and Conclusions of Law on this ~ day of ~ , 1996.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL) ,_
APPROVE
DISAPPROVED.
VOTED
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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JUL 1 6 139
(~1'Y~ MERIDIAN
d/"~
DECLAfir~,TION OF FEST:.ICTIONS
SEA OF SECTION S, T. 3N. R lE., 8.~1.
Dated: February 2;, 1962
F.~corded: February 23, 1962
Instrurler.t No. 522559
tdhereas, Glenn E. Green and :Iaymc Ellen Green, h~.^.a, ~:re the o:~:ner:
of that certain tract of land designated as -- part of the SEA of ~ec~.:.:. 3,
T. 3N., R, lE., B.ri., in Ada County, Stage of Idaho more particularly
described as follows:
Beginning at the corner co:::mon to :section `;,~),;i;, .:nc1 1.7, T. :;il. ..
B.Ti.; tllcnce rlinllin„ alOll~ the :;Ot1Cl1 iJai.' O~ :iCCC~.~,^, ti, .;Uil~t: ,; `J° ~i~!' ... J ,
-,
7~7.3i) fCCL' t0 ChC rCal pl.acc O~ ~?~„111n::iJ;; ti1Cl:Gi: 1~:nrciC.;; 'O:1'; L'i:C :.:.;:'_
1 inC Of JCCtl.On J, JOUth :~~~° 32' T?L :.t i 343 . ~0 fCC ~; Lti.Ci:CI •~..~ :_.i U ;i:~ ~ : ~'•
t•?est 414.21 feet; the:lce South ;9° 32' East 1;;'.32 ;: c_:ce 5;,,:th ,'~ '
East 51.41 eet; to ,_
feet; thence South 74° 5u' ~;:st 33.54 fee,., the:lce .c, iv t: .. ~ ,;~:~
East 110.30 feet; thence South 72°37' rst 252.50 feet; thence ~outa ;,'''= ~'
East 172.93 feet; thence South 7°04' East i41.5G feet; thence :.oath ":~`~~'
East 259.2S feet; thence South 64°15' East 44.33 feet; thence ::oath 43`'";y
East 150.12 feet; thence South 26049' East 69.93 feet; thence South G° =;'
East 23.43 feet to the real place of beginning.
jJhereas the said owners intend to divide the hereiaabove descri~c:: •~eai
property into building sites, and to se1'_ lots and buildir.~ sites therei:,
Subj2Ct t0 protective reStr1Ct1017S, CCnUlt10P.S, 11T.itatlOIIS, reservations,
and covenants, hereinafter referred to as "protective restrictions" in order
to insure the ^ost oeneficial developlrent of said area principal'_y as a
residential developr,.er.t and to present any such use thereof as might tend
to diminish the valuable or pleasurable enjoyment thereof.
iioca tnere~ore, said oc~rners hereby declare that the follo~aino protective
restrictions are hereby ixposed on the hereinabove described real property
for the use and benefit of each and every indi~ridual parcel thereof, e:tisting
or to be created, and are as folloera, to wit:
` 1. (iZESTRICTION AGAIi~ST DUSII\?SS USE) The Grantee or Grantees, u: der
any conveyance, shall not at any time conduct, or permit to be conducted
on said premises, any trade or business of any description, nor shall ::aid
premises be used for any other purpose cohatsoever except for the purpose
of a private dwelling or residence. '
2. (;PPZGVAL OF DESIGN AND LOC~':TiON OF BUILDING) No building or ir:prove-
:::e:~t of a .y :;lad snail be erected, r:,oved onto, or r::aintaired on the prar.:ises
`.le:-ein described u:til the design and location thereof has first been ::ub-
.:itted to, and approved in writing by, the owners, their agent, or a co-;aittee
r.npointec; by the said owners, or upon relinquishment oL all lots by sal::
owners, then by a Committee elected by the ocuners of record of a majority of
lots in said property. Eefore mentioned committee shall act upon any request
(continued)
. ~ r
Instru:;ent No. 522559
p,, ro ~
`• u
for approval of plans w~.thin 15 drays of such submission to the:. In the event
that SL1C11 CO::~littCe ].:; riot In e::lStenCC, the dC :i.~n sh~.ll bC '~ri i1.ZrCi:Ony i•Iith
other dwellin^s in the tract. In any case, no d~~ellinS shall have a ground
floor area less than 1200 squaro feet in the case of a owe <^..d one-half or two
story structure, exclusive of garages, porches, and ter.:c:::, not under the main
roof.
~;ot more L-han ore single-fa:,~iiy d~•,ell ing, with garage bull 4`_ng, and
ore west house shall be built upon any one lot. A west house a: used
herein is defined as any small structure used e:-.clusively for ~::terdi~:~ the
lodging accommodations of the oc•.ner's fa,::iiy or guests, but no;: including
a kitchen or cooking facilities. No trailer, tent, shack, Ga_aJe, barn, or
other outbuildin; shall_ at any time be used as a residence ter;po_arily or
per,;:anently.
3. (;;UILDING LINE AND SIDE LINE RESTRICTIO\) No b~.:ilding o•~ ~^p_over..ent
o:: any l:ird shall be erected on any lot nearer than tlziLty (3C) feet to the
font lot line, nor nearer than five (5) feet to any side line e::cept that
where the surface of the natural Ground at fifty foot distance,-.:ensured
from tae front lot line is seven feet or Wore above or below the center line
o~ the street on which the lot faces, a garage may be built within. five (5)
feet of Said Street; or when a garage is located or. the rear half of any lot,
the side line restriction shall not apply.
<<. (EASE`%NT FOP. PUBLIC UTI.~ITIES: RESERVhTIOIQ OF P.IGNT-OF-1•IAY) The said
c~•Jners hereby etipressly reserve from said premises an easement in a strip
of lard ten (i0) feet wide along the rear line and five (5) feet along the
side iir.es of said premises, to erect poles thereon to support :wires for the
trap:,-fission of electricity for lighting and other purposes, and nor the
construction and caintenance of open culverts for the purpose of corveyino
surface ~•rater in ail amount not to a:~ceed two second feet of ~•~ater (miners
::ensure), and to construct, operate, and maintain pipe lines, sewers, drains,
water pipes, telephone lines, or conduits under the surface o€ said reser-
vation for any lawful purpose whatsoever; no structure shall be built upon
the property affected by said reservation of ri,cht-of-way, and said property
shall at ail times be open to the Corporation and any public service Cor-
poration ~•~hich may require the use of said right-of-sway.
5. f,:tlNli•:U,1 OF FRONTAGE AND AREA) No building site shall be _esubdivided
into building plots having a street frontage of less than eighty(~C) feet
anu ar, s:: ea of less than ~GCO scuare feet, and then only with the written
consen~ o° ".e owners, or the duly appointed or e~i:.tin~ architectural control
co:::ittec as hereinbefore provided; nor shall any improvement or builditr~
be erec;:ed or. any building plot having an area and frontage less than as above
stated.
(continued)
~; s
Instrument No. 522559
Page 3
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6. (SEiJAGE DISPOSAL) Pendin,^, ~1val].~lbility of public sc~Jer :, sc~r:.;;e di ;-
posal shall. be effected by ;,,cans of indivi.clual septic tanks (or other
equally sanitary structure for the storage or disposal of sewatie); tl:~:.
type of tank, its construction, location on lot, and tilc di.~po:sal fi..:c:
or cesspool shal] be approved in writing by the Ada County Health :~ut::.rities.
7. (LIVE-STOCK RESTRICTIONS) No livestock except domestic cats. ::^c dohs,
or a maxir,,u;,~ of two (2) coc~~, or tc:o (2) horses or four (4) sheep sha:._ be
maintained on any of said protected area lots.
3. (FENCE RESTRICTION) IQo fence or hedge shai: be erecc~~ o~ ~1 ~~ to
grow to a height exceeding three (3) feet, nearer any street than .he _rty
(30) foot set-back line, and i.n no case shall any lot line fence ~-: 1:: :er
than six (G) feet.
9. (TITLES SUliJECT TO P.ESTRICTIONS) Nothing co.-.ca:,.c:: in c::a ~_r.r~tion
shall impair or defeat the lien of any mortgage or deed of trust -:.,ce _n
tiood faith and for value, but titles to any proper~y subject ~o ~:::.s _.:ir:r-
ation obtained through sale in satisfaction of any suet; 7ort~~^e o~: deg:; of
trust shall there-after be held subject to al_. of -the-prot~c.cive. r..st_ ~ . ~:ons
hereof.
10. (%INDING EFFECT OF P.ESTt.ICTI0:1S; DUc~1TI0\; AU'i0i<;TI~ .:.:.~~
Tize foregoing protective restriction, shall be deer..e~ to be ccv~n~.zt:
ru:,nin; with tl~e land and shall be bindin; on al' the parties ~~ :;: al:
person:-, claiming under then, for a period of tc:e:tty (%•~i) years =rom a
after January i, i9G2, at which time said protective re.~r:ict:or.•, sht
automatically be renewed for an additional perioel o~ ccaenty (2~) yca~.,
unless 75% or more of the Owners of record, at that date, atiree i:.
writing to chanties or amendments; such chances to be made in a laca~u]
manner.
li. (ENFORCEP~NT OF RESTRICTIONS) Each and all of the protective
restrictions shall be enforceable by injunction or by other forms of
action available to the parties aggrieved, or to the oc•~ner, or their
successors in interest. Invalidation of any one of these protective
restrictions by judgment or court order shall in no wise affect any
other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands this 28th day
of Fehruary, 19G2.
STATE OF IDAHO )
) SS
County of Ada )
On this 28th day of Feb. 1962, before me, the undersi^ned, a ;;: -y
Pudic in znd for said State, persanaily appeared GLEIv';\1 E. GREEti :;nd .~•.:':W
ELLEN GREEN, husband and wife, known to me to be the persons whose
are subscribed to the foregoing in:>trur,,ent, and acknowledged to me
executed the same.
IN LdITNESS WHEREOF, I have hereunto set my hand and affixed cn
n.::,c
th.: ~ they
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