1988 04-19_ •
AGENDA
MERIDIAN CITY COUNCIL
APRIL 19, 1988
.ITEM:
MINUTES OF THE PREVIOUS MEETING HELD APRIL 5, 1988: (APPROVED)
1: VILBERT SUNDELL: RETIREMENT PLAQUE:
2 : DAY CARE : (TABLED UNTIL MAY 3 , 19 8 8 MEETING )
3: DAVE SHERMAN FROM CHAMBER OF COMMERCE.: (LEASE TO BE PREPARED)
4: COVENANTS CRESTWOOD # 3 SUBDIVISION: (POSTPONED TO LATER DATE)
5: DEPARTMENT REPORTS:
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• •
MERIDIAN CITY COUNCIL APRIL 19, 1988
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer; Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Howard & Cathy Brown, Robin Vaughan, Moe Alidjani,
Wanda Michaelson, Tammy Perkins, Gary Smith, Walt Morrow, Mr. & Mrs.
Vilbert Sundell, Marty Hill, Frank Johnson, Mr. & Mrs. Harold Hudson,
Wayne Skiver, K. Beumeler, Kenny Bowers, Bruce Stuart, Tom Vincent,
Roy Berto, Dave Jillson, Howard Miller, Pat Oliver, Wes Weast, Gary
Newberry, Dean Mayes, Jr., Ron Parks, Bob Moore, Jack Littlefield,
Steve Gempler, Wayne Crookston, Skip Voss. Patsy Fedrizzi:
The~Motion was made by Tolsma and seconded by Brewer to approve the
Minutes of the previous Meeting held April 5, 1988 as written:
Motion Carried: All Yea:
Item #1: Plaques: Fire Department, Vilbert Sundell & Harold Hudson:
Mayor Kingsford: Chief Bowers would you come forward and handle this
item:
Chief Bowers: First, I would like to introduce the Rural Fire Commiss-
ioners: Marty Hill, Frank Johnson & Charlie Stevens: We have an
appreciation and a plaque for Harold Hudson, this is in appreciation
of six years of service to the Meridian Fire Department. Mr. Hudson
was given a standing ovation. We also have a plague license plate
# MFD 140 for Mrs. Hudson for allowing Harold to be a member of our
department. We have another presentation here a clock plaque for
Mr. Vilbert Sundell, he has been our Rural Commissioner for over 37
years.Mr. Sundell was given a standing ovation by the Council and
audience. Chief Bower also presented Mrs. Sundell with a Fire Fighters
Helmet.
Mayor Kingsford: Thank you very much Chief, I can not thank you enough
Mr. Sundell for everything you have done for the area and the Fire
Department and I will defer to Councilman Brewer who is currently the
Fire Commissioner for the City, but having served in that capacity
for six years, I appreciate everything you have done.
Councilman Brewer: All I can do is agree with those comments, 37 years
is a long time to serve in that capacity, I believe you also served
as the Secretary & Treasurer all those years to. Thank you very much
Vilbert.
Mayor Kingsford: Thank you again and any of you who were here just for
these festivities are welcome to leave at this time. Thanks for all the
Firemen being here, it is a real tribute to Vilbert and we certainly
appreciate it. We will vary some from the agenda and move item #3
up ahead of item #2 as item 2 is expected to be more lengthy.
MERIDIAN CITY COUNCIL ~ •
APRIL 19, 1988
PAGE # 2
Item #3: Dave Sherman from Chamber of Commerce:
Mayor Kingsford: I see that Mr. Sherman is not present so we will defer
to Mr. Steve Anderson, President of the Chamber:
Anderson: We have been visiting with you over the past months about
leasing some property at the Storey Park, the Chamber wanting to build
a Chamber Office and a Visitor Bureau, hopefully something to commemerate
the Centennial for Idaho and the City also. This morning the City
Engineer, Jack Niemann, Dave Sherman, Bob Giesler and myself met at the
property and marked off a spot that we thought would be appropriate for
what it is we want to do. The City Engineer was kind enough to mark this
out and make a legal description of this parcel. Anderson gave the Mayor
and Councilman a copy of the proposed area. At this time if this parcel
meets your approval we would like to go ahead and proceed with a draft
of the lease agreement.
Mayor Kingsford: I might mention there has been a history of involvement
between the Chamber and the City on this for a number of ,years very
actively thoughout my administration with Dave Sherman and we, the Council
and Mayor agreed to tentatively to the lease of some property in the
park. I would encourage the Chamber to work with the City Engineer and
the Police Chief in terms of ingress and egress for larger vehicles on
routing that as far as the parking lot. I applaud the Chamber, I think
it would be a real asset for the community and it could be a real asset
for the City, I would certainly encourage the City to go ahead and
approve tentatively this site and authorize the City Attorney to work
with Mark Freeman on this particular lease:
The Motion was made by Myers and seconded by Tolsma to authorize the
City Attorney to work with Mark Freeman of the Chamber on a lease for
a site in the City Park for a new Chamber Building.
Motion Carried: All Yea:
Item #2: Day Care:
Mayor Kingsford: I will defer to Councilman Giesler who is Committee
Chairman of the Committee on this subject.
Councilman Giesler: Last We~hesday the Day Care Providers and Wanda
Michaelson got together and-had a meeting and then last Thursday night
the Committee got together along with Walt Morrow, Chairman of the
Planning & Zoning Commission, went over some of the things we could
possibily work out and things that as important as the situation is
that would work for everyone. We met with them tonite for the first
time which is the first opportunity we have been able to have, they
have some very important things that we need to go over so therefore
we really do not have anything to present tonite. It is very important
that we work this out for everyone the best that we can, there is
going to be some hurdles to try to get resolved so at the present time
I do not feel we are able to make any recommendation to the Council
hopefully by next meeting.
The Motion was made and seconded to table this until the first meeting
in May:
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL • •
APRIL l9, 1988
PAGE # 3
Item #4: Covenants for Crestwood #3 Subdivision:
Mayor Kingsford: Council Members you have had these for some time is
there any questions or comments?
City Attorney: The City Engineer had some questions and I have not
gotten back to him- on his questions. Would you like to go over these
now?
City Engineer: On Page 2 Article 3 they talk about common property,
however none is shown on the plat. On page 6, Article 5, Section 3,
they talk about drilling, does this exempt small irrigation wells?~
Page 7, Article 6, Section #1, talks about maximum height of building
3 story or 40 feet.: Page 8, Article 6, Section 5, they talk about a
mimimum square footage: Same Article, Section 10 they talk about fence
heights: the last thing is in Article 8, on page 10 they talk about
annexation:
City Attorney: The question I had in addition to the above questions
is in Section 7 on page 8, reference to the minimum of two off-street
parking spaces, one of which shall be a private garage, does this
mean they can build one-car garages? Are we allowing this? The other
is Item #9 on the same page it is in the wrong place. This should be
under Article 4:
The Motion was made by Brewer and seconded by Tolsma to have the.
City Engineer and the City Attorney contact the developer and have
these items resolved:
Motion Carried: All Yea:
City Clerk: I have a question Mr. Mayor, can we go ahead and issue
building permits as we already have plans in for some units?
Mayor Kingsford: Unless the Council has a problem with that, I think
we can move along with the initial stages, I think this is something
maybe we ought to set a time limit on, lets set a condition that
development will stop if we do not have these back within a month
and finalized. Council voiced no objection to this.
Department Reports:
City Engineer: The State of Idaho is once again having a Idaho is
to Great to Litter Campaign. I have received a couple of phone calls
from people who wish to help in the Meridian Area. This campaign will
have its kick-off week May 1 through the 7th. The actual clean-up
day is May 7th. Mr. Alidjani from Sanitary Service has graciously
agreed to provide several large & small dumpsters at any location we
desire.
Mayor Kingsford: On that. subject, I know Mr. Alidjani at Chamber today
was very gracious and advised that he would pickup any large item that
you had that needed disposed of.
Mr. Alidjani: Mr. Mayor, I would like to add that if there are residents
who are not able to bring their cleanup items to a dumpster if they will
call Sanitary Service we will arrange to pick them up.
. .
MERIDIAN .CITY COUNCIL • •
APRIL 19, 1988
PAGE # 4
Mayor Kingsford: We, always in the Spring in any Community a lot of
things come up and grab the eye site that maybe were not noticed when
it wasn't this time of the year, The Police Department has became very
aware of this in the last few weeks, it has been called to my attention
by a number of citizens. a variety of different eyesores, I guess is
the correct term, a number of areas I don't think you could call other
than a junk yard, I think we all have a little much pride in .the
Community to let that exist so I think it is a real opportunity that
Mr. Alidjani and Sanitary Service has provided us with. Lets take
advantage of this opportunity and get the Community cleaned up.
Giesler: One thing, regarding the letter we received from the Mayor
of Nampa on the Wilderness Bill, have we done anything with that?
Mayor Kingsford: I asked the City Clerk to distribute that to the
Council for your yea or nay as to what you want to do with it.
It was the concensus of the Council to take no action at this time.
Mayor Kingsford: I have a couple of items, first on this Friday in the
afternoon we will host the annual Association of Idaho Cities Budget
Meeting. If any of you are interested in the budgetary process, I
would urge you to attend, they are very efficient, they do tremendous
budget meeting for us, a lot of data they have prepared. Also I have
a thank you from the family .of Bill Jones, as you know Bill suffered
a stroke a couple of weeks ago, I also received a thank you card from
Norm Williams who was in the hospital and had some back surgery.
The Motion was made by Myers and seconded by Tolsma to adjourn the
meeting at 8:10 p.m.:
Motion Carried; All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
V '
GRANT KINGSFO , Y
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Gass, Hallett, Mitich
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HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
JACKNIEMANN,CItyClerk
JANICE GASS, Treasurer
rk
S
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BRUCE D
STUART
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W CITY OF MERIDIAN
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EAR WARD, Waste Water Suptttorney
33 EAST IDAHO
KENNY BOWERS, Fire Chief
ROY PORTER, Police Chief
MERIDIAN, IDAHO 83642
GARY SMITH, City Engineer
Phone 888-4433
GRANT P. KINGSFORD
Mayor
April 8, 1988
MAYOR & COUNCIL
ATTORNEY
ENGINEER
THE ATTACHED COVENANTS FOR CRESTWOOD ESTATES SUBDIVISION
WILL BE ON THE AGENDA FOR THE APRIL 19, 1988 MEETING.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GI ESLER
WALT MORROW
Chalnnen Zoning & Planning
JACK NIEMANN
CITY CLERK
s.
', j ~ •
DECLARATION OF COVENANTS, CONDITIONS AND RESTRI
THIS DECLARATION is made on the date hereinafter set forth
by Washington Federal Savings and Loan Association, a federally-
chartered savings association, hereinafter referred to as
"Developer";
WITNESSETH:
WHEREAS, Developer is the owner of certain real property
situated in the City of Meridian, County of Ada, State of Idaho,
which is more particularly described as:
CRESTWOOD ESTATES SUBDIVISION N0. 3, according to
the official plat thereof on file in the office
of the county recorder of Ada County, State of
Idaho, in Book of Plats at pages ;
Which real property is hereinafter referred to as
the "Property."
NOW, THEREFORE, Developer hereby declares that the Property
shall be held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with
and bind, the Property and each and every part, parcel and lot
thereof, and be binding on all parties having any right, title or
interest in the Property or any part, parcel or lot thereof, their
heirs, successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
CRESTWOOD ESTATES N0. 3 HOMEOWNER'S ASSOCIATION
Section 1. It is contemplated that subsequent to the
execution and recordation of this Declaration of Covenants,
Conditions and Restrictions (the "Declaration"), the Crestwood
Estates No. 3 Homeowner's Association (hereinafter the "Association")
will be incorporated by the homeowners, and the Association will
adopt bylaws (the "Bylaws") for its governance. To the extent the
Articles of Incorporation or Bylaws of the Association may conflict
with the provisions of this Declaration, the provisions of this
Declaration shall control.
•
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is a
record owner of a fee interest in any Lot which is subject by this
Declaration to assessment by the Association (hereinafter "Owner")
shall be a member of the Association, provided that any such person
or entity who holds such interest merely as a security for the
performance of an obligation shall not be a member, and provided that
no Lot which is owned by the Developer is subject to assessment by
the Association and the Developer shall not be a member of said
Association.
Section 2. Voting Rights. The Association shall have one
class of voting membership. Members shall be all of those Owners as
defined in Section 1. Each member shall be entitled to one vote for
each Lot which they own. When more than one person owns any Lot, all
such persons shall be members, and the vote for such Lot shall be
exercised as they among themselves determine, but in no event shall
more than one vote be cast with respect to any such Lot.
ARTICLE III
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. "Common Properties" Defined. "Common
Properties' shall mean and refer to any lot or parcel designated as
common property in the recorded plat or in any supplemental
declaration filed by Developer subjecting additional real property to
this Declaration. Said areas are intended to be devoted to the
common benefit, use and enjoyment of the Owners (subject to the
provisions hereof) and are not dedicated to the public.
Section 2. Members' Easements of Enjoyment. Subject to
the provisions of Section 4, every member shall have a right and
easement of enjoyment in and to the Common Properties and such
easement shall be appurtenant to and shall pass with the title to
every Lot.
Section 3. Title to Common Properties. The Developer may
retain the legal title to the Common Properties until such time as in
the opinion of the Developer, the Association is able to maintain the
same but, notwithstanding any provisions herein, the Developer hereby
covenants, for itself, it heirs and assigns that it shall convey the
Common Properties to the Association, free and clear of all liens and
encumbrances, not later than when the Developer sells 80~ of all Lots
subject to this Declaration.
Section 4. Extent of Members' Easements. The rights and
easements of enjoyment created hereby shall be subject to the
following:
• •
(a) the right of the Developer and of the Association in
accordance with its Articles and Bylaws, to borrow money for the
purpose of improving the Common Properties and in aid thereof to
mortgage said properties. In the event of a default upon any such
mortgage the lender's rights hereunder shall be limited to a right,
after taking possession of such properties, to charge admission and
other fees as a condition to continued enjoyment by the members and,
if necessary, to open the enjoyment of such properties to a wider
public until the mortgage debt is satisfied whereupon the possession
of such properties shall be returned to the Association and all
rights of the Members hereunder shall be fully restored; and
(b) the right of the Association to take such steps as are
reasonably necessary to protect the above-described properties
against foreclosure; and
(c) the right of the Association, as provided in its Articles
and Bylaws, to suspend the enjoyment rights of any Member for any
period during which any assessment remains unpaid, and for any period
not to exceed thirty (30) days for any infraction of its published
rules and regulations; and
(d) the right of the Association to charge reasonable admission
and other fees for the use of the Common Properties; and
(e) the right of the Association to dedicate or transfer all or
any part of the Common Properties to any public agency, authority, or
utility for such purposes and subject to-such conditions as may be
agreed to by the Members, provided that no such dedication or
transfer, determination as to the purposes or as to the conditions
thereof, shall be effective unless an instrument signed by Members
entitled to cast two-thirds (2/3) of the votes of the membership has
been recorded, agreeing to such dedication, transfer, purpose or
condition, and unless written notice of the proposed agreement and
action thereunder is sent to every Member at least ninety (90) days
in advance of any action taken.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obli ation of
Assessments. Each Owner of any Lot within t e Property subject to
this Declaration, excepting the Developer, by acceptance of a deed
therefor, whether or not it shall be so expressed in any such deed or
other conveyance, shall be deemed to covenant and agree to pay to the
Association: (1) regular assessments payable monthly or quarterly at
the option of the Board of Directors; (2) special assessments for
capital improvements, such assessments to be fixed, established, and
collected from time to time as hereinafter provided. The regular and
special assessments, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall be a charge on the
land and shall be a continuing lien upon the property against which
• •
each such assessment is made. Each such assessment, together with
such interest thereon and cost of collection thereof as hereinafter
provided, shall also be the personal obligation of the person who was
the Owner of such property at the time when the assessment fell due.
Section 2. Pur ose of Assessments. The Assessments levied
by the Association shall be used exclus vely for the purpose of
promoting the recreation, health, safety, and welfare of the
residents in the Property and in particular for the improvement and
maintenance of properties, services, and facilities devoted to this
purpose and related to the use and enjoyment of the Common Properties
situated upon the Property, including, but not limited to, the
payment of taxes and insurance thereon and repair, replacement, and
additions thereto, and for the cost of labor, equipment, materials,
management, and supervision thereof.
Section 3. Regular Assessment Amounts. The regular
assessment shall be charged against the Lot on a per year basis. The
initial assessment shall be established by the Board of Directors and
may be increased annually by vote of the members, as hereinafter
provided.
The Board of Directors of the Association may, after
consideration of current maintenance costs and future needs of the
Association, fix the actual assessment for any year at a lesser
amount.
Section 4. Special Assessments for Capital Improvements.
In addition to the regular assessments authorized by Section 3
hereof, the Association may levy in any assessment year a special
assessment, applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of acquisition,
construction, reconstruction, unexpected repair or replacement of a
described capital improvement upon the Common Properties, including
the necessary fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-
thirds of the votes of Members who are voting in person or by proxy
at a meeting duly called for this purpose.
Section 5. Increase in Rey
Association may increase the amount
Section 3 hereof prospectively for an
any such change shall have the assent
Members who are voting in person or
called for this purpose.
~ular Assessment Amount. The
of the assessment fixed by
y annual period provided that
of two-thirds of the votes of
by proxy, at a meeting duly
Section 6. Effect of Non-Payment of Assessment: The
Personal Obli ation of the Owner; The Lien; Remedies of Association.
If the assessments are not paid on the date when due being the dates
specified by the Hoard of Directors), then such assessment shall
become delinquent and shall, together with such interest thereon and
cost of collection thereof as hereinafter provided, thereupon become
a continuing lien on the property which shall bind such property in
the hands of the then Owner, his heirs, devisees, personal
• •
representatives and assigns. The Personal Obligation of the then
Owner to pay such assessment, however, shall remain his personal
obligation for the statutory period and shall not pass to his
successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after
the due date, the assessment shall bear interest from the due date
at the rate of ten per cent per annum, and the Association may bring
an action at law against the Owner personally obligated to pay the
same, or to foreclose the lien against the property in the same
manner as provided by law as to statutory materialmen's liens; and
there shall be added to the amount of such assessment the costs of
preparing and filing the complaint in such action, and in the event a
judgment is obtained, such judgment shall include interest on the
assessment as above provided and a reasonable attorney's fee to be
fixed by the court together with the costs of the action.
Section 7. Exempt Property. The following property
subject to this Declaration shall be exempted from the assessments,
charge and lien created herein: (a) all properties to the extent of
any easement or other interest therein dedicated and accepted by the
local public authority and devoted to public use; (b) all Common
Properties as defined in Article III, Section 1 herein; (c) all
properties exempted from taxation by the laws of the State of Idaho,
upon the terms and to the extent of such legal exemption; (d) all Lots
owned by the Developer.
Section 8. Notice and Quorum For An Action Authorized
under Section 4 or Sect on 5. Written notice of any meeting called
for the purpose of taking any action authorized under Sections 4 or 5
of this Article IV shall be sent to all members not less than thirty
(30) nor more than sixty (60) days in advance of the meeting. At
such meeting the presence of members in person or by proxy entitled
to cast fifty-one percent (51~) of all votes of each class of
membership shall constitute a quorum. If the required quorum is not
present, the meeting shall be adjourned and rescheduled for a time
and place not less than ten (10) days nor more than thirty (30) days
subsequent. Written notice of the rescheduled meeting shall be
mailed to all members not less than five (5) days in advance of the
rescheduled meeting date. The required quorum at the subsequent
meeting shall be satisfied by the presence in person or by proxy of
twenty-five percent (25$) of each class membership.
Section 9. Date of Commencement of Regular Assessments:
Due Date. The regular assessments provided for herein shall commence
on the date (which shall be the first day of a month) fixed by the
Board of Directors of the Association to be the date of commencement.
The first regular assessments shall be made for the balance of
the calendar year and shall become due and payable on the day fixed
for commencement. The assessments for any year, after the first
year, shall become due and payable monthly or quarterly as
established by the Board of Directors of the Association.
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The due date of any special assessment under Section 4 hereof
shall be fixed in the resolution authorizing such assessment.
Section 10. Duties of the Board of Directors. The Board
of Directors. The Board of Directors of the Association shall fix
the date of commencement and the amount of the assessment against
each Lot for each assessment period at least thirty (30) days in
advance of such date or period and shall, at that time, prepare a
roster of the properties and assessments applicable thereto which
shall be kept in the office of the Association and shall be open to
inspection by any Owner. Written notice of the assessment shall
thereupon be sent to every Owner subject thereto, provided, however,
that this clause shall not apply to the undersigned Developer.
ARTICLE V
USE AND BUILDING RESTRICTIONS
Section 1. No Lot or Lots on The Property shall be used
for any purpose other than residential purposes unless otherwise
shown on the official recorded plat or unless otherwise approved by
the Association, given by majority vote at a properly constituted
meeting.
Section 2. No horses, cattle, cows, goats, sheep, rabbits,
hares, reptiles or other animals, pigeons, pheasants, games birds,
game or other birds, fowl or poultry shall be raised, kept or
permitted upon said property or any part thereof, except that dogs
and cats and other household pets may be kept, provided that they are
not kept, bred or raised for commercial purposes or in unreasonable
quantities, and provided that they do not become a nuisance to the
owners of, or occupants•of said property.
Section 3. No part of said property shall be used for the
purpose of drilling thereon for, or producing therefrom, water, oil,
gas or any mineral substance. The Developer hereby reserves all
crude oil, petroleum, gas, Brea, asphaltum and all kindred substances
and other minerals under and in said land.
Section 4. No noxious or offensive trade or activity shall
be carried on upon said property or any part thereof, nor shall
anything be done or maintained thereon which may be or become an
annoyance or nuisance to the neighborhood.
Section 5. Said real property and the building sites
included therein are subject to such easements and right-of-way for
erecting, constructing, maintaining and operating public sewers, and
poles, wires and conduits for lighting, heating, power, telephone,
cable television, if any, and any other method of conducting and
performing any public or quasi-public utility service or function
beneath the surface of the ground, as are more particularly set forth
in the recorded plat of the Property, or are otherwise of record.
Section ~6. The Developer hereby reserves the right to make
any and all cuts and fills on the Property owned by it and on the
building sites included therein, and to do such grading as in its
judgment may be necessary to grade streets and building sites
designated or delineated upon the recorded plat the Property or any
part thereof.
Section 7. No residential buildings shall be constructed
or maintained on the Property without a minimum of permanently
maintained off-street parking spaces in a private garage or carport
area~of two (2) parking spaces for each dwelling unit, at least one
parking space of which shall be a private garage.
Section 8. No trailer, boat, horse trailer, living
trailer, house car, camper or recreational vehicle shall be parked on
any Lot unless- it is parked behind the Front line of the dwelling
structure and enclosed by fencing.
Section 9. The Association shall upon demand at any time
furnish to any Owner liable for said assessment a certificate in
writing signed by an officer of the Association, setting forth
whether said assessment has been paid. Such certificate shall be
conclusive evidence of payment of any assessment therein stated to
have been paid.
Section 10. No part of said property shall be subdivided
or split into lots of a lesser size than the size of the original
Lots without consent of the Association, given by majority vote at a
properly constituted meeting.
ARTICLE VI
CHARACTER OF BUILDING
Section 1. No residential building may be erected or
maintained on any of the Property except single family dwellings, /
with private appurtenant garages, and customary outbuildings. No r/
building shall exceed more than three stories in height or forty (40)
feet in height, whichever is less.
Section 2. No trailer, outhouses, garage, shed, tent, or
temporary buildings of any kind shall be erected or maintained on any
Lot or building site prior to the erection of the principal dwelling
building therein.
Section 3. The work of constructing any residence or
building shall be prosecuted diligently and continuously from the
commencement thereof until the same is completed. All structures
shall be suitably painted, colored or stained immediately upon
completion.
Section 4. All yards completed exclusive of fenced areas
shall be seeded to grass or otherwise landscaped within 60 days of
•
completion of construction or the arrival of suitable seeding
weather, whichever occurs later.
Section 5. No single story dwelling shall be erected which
shall have a floor area exclusive of porches and garages of less than
1100 square feet.
Section 6. No multiple level dwelling shall be erected
which shall have a floor square foot area exclusive of porches and
garages of less than 1,600 square feet.
Section 7. Without prior written approval of the
Association given by majority vote at a properly constituted meeting,
all roofs shall be constructed with the or cedar shake surface.
Section 8. No building erected or constructed elsewhere
shall be moved onto any lot or building site without the prior
written approval of the Association given by majority vote at a
properly constituted meeting.
Section 9. No motor vehicle not capable of being operated
shall be parked for longer than forty-eight (48) hours outside of a
garage on any lot or building site.
Section 10. No fence shall be erected with a height
greater than 6' at or behind the front building line of any residence ,
nor greater than 4' in front of any residence or within twenty (~0)1`
feet of any dedicated street.
Section 11. All pipes, wire, cables and conduits for
lighting, heating power, telephone, cable television and any other
method of conducting and performing any public or quasi-public
utility service or function shall be beneath the surface of the
ground.
Section 12. No signs or other advertising device of any
character shall be erected or maintained upon any part of the
Property, except that (a) on any one lot or building site one sign,
not larger than eighteen (18) inches by twenty-four (24) inches,
advertising the property for sale or rent, may be erected and
maintained; (b) the Developer or its agents may erect and maintain on
said property such signs and other advertising devices as it may deem
necessary or proper in connection with the conduct of its operations
for the development, improvement, subdivision or sale of said
property.
ARTICLE VII
ADDITIONAL GENERAL PROVISIONS
Section 1. Construction of Conditions and Restrictions
The determination by any court that any of the provisions o this
declaration or any part hereof, are unlawful or invalid shall not
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affect the validity of the other provisions or remaining portions
hereof.
Section 2. Duration. The covenants and restrictions of
this declaration shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Association, or the Owner of
any land subject to this Declaration, their respective heirs,
successors and assigns until the year 2000 A.D., provided, however,
that said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by the then
Owners of two-thirds (2/3) of the lots has been recorded, agreeing to
terminate said covenants and restrictions.
Section 3. Notices. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration shall be
deemed to have been properly sent when mailed, post-paid, to the last
known address of the person who appears as Member or Owner on the
records of the Association at the time of such mailing.
Section 4. Enforcement. Enforcement of these covenants
and restrictions shall be by any proceeding at law or in equity
against any person or persons violating or attempting to violate any
covenant or restriction, either to restrain violation or to recover
damages, or both, and against the land to enforce any lien created by
these covenants; and failure by the Association or any Owner to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 5. Remedies. The covenants, restrictions and
conditions contained in this Declaration or any supplement thereto
shall be enforceable by proceeding for prohibitory or mandatory
injunction. Damages shall not be deemed an adequate remedy for
breach or violation but, in an appropriate case, punitive damages may
be awarded. In any action to enforce any such covenant, restriction
or condition, the party or parties successful in the action shall be
awarded costs including reasonable attorney's fees.
Section 6. Protection of Encumbrancer. No violation or
breach of any restriction, covenant or condition contained in this
Declaration or any supplement thereto and no action to enforce the
same shall defeat, render invalid or impair the lien of any mortgage
or deed of trust taken in good faith or the title acquired by any
purchaser upon foreclosure of any mortgage or deed of trust. Any
purchaser shall, however, take subject to this declaration and any
supplement thereto, except only that violations or breaches which
occurred prior to such foreclosure shall not be deemed breaches or
violations hereof.
Section 7. Owner to Indemnify. Owners, and each of them,
indemnify and hold harmless the undersigned Developer, its agents,
successors and assigns for any and all damages, actions and/or
injuries sustained by Owner, or a member of his family or a licensee
or invitee on his Property where such injuries arise on the Property.
• •
Section 8. Amendment. The covenants and restrictions of
this Declaration may be changed by the recordation of a document
signed by the owners of all of the lots subject to this Declaration.
ARTICLE VIII
ANNEXATION OF ADDITIONAL PROPERTIES
Section 1. Developer's Annexation of Additional
Residential Property. Additional residential property may be annexed
to the Property, and thus become subject to this Declaration, with
the recording of a supplemental declaration by the Developer, which
shall describe the additional property being annexed, and which shall
describe the common properties therein, if any. Developer shall have
the right, without action, approval or consent of the Owners or the
Association, to so amend the Declaration to include such additional
property, provided that the additional property is located within the
West Half of Section 13, Township 3 North, Range 1 West of the Boise
Meridian, Ada County, Idaho; and provided that the Developer is owner
of the additional property at the time of recording of this
Declaration and remains owner without interruption until the
recording of said supplemental declaration.
Section 2. Annexation of Common Pro erties. The Developer may
annex additional common properties as descri ed in Article III,
Section 1, to the Property, with or without the simultaneous
annexation of additional residential property, in the same manner as
additional residential property is annexed pursuant to Section 1
hereof; provided, however, that the Developer need not be the owner
of such common properties at the time of recording of this
Declaration in order to make those Common Properties eligible for
annexation.
Section 3. Other Additions. IIpon approval in writing of the
Association pursuant to a vote of its members as provided in its
Articles of Incorporation, the owner of any property who desires to
add it to the scheme of its Declaration and to subject it to the
jurisdiction of the Association, may file of record a supplementary
declaration of covenants and restrictions which shall describe the
additional property being annexed, and which shall describe the
common properties therein, if any.
ARTICLE IX
RIGHTS RESERVED BY DEVELOPER
Section 1. Notwithstanding anything to the contrary
contained in this Declaration, the Developer expressly reserves unto:
(a) Itself, its employees, successors and assigns, its
agents, representatives, contractors and their
employees; easements and rights-of-way on, over and
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across all or any part of the streets for vehicular
and pedestrian ingress and egress to and from any part
of the Property, or any adjacent real property owned
by Developer, or its successors or assigns;
(b) Itself, its successors and assigns (including any
district or other entity providing water, sewer, gas
oil, electricity, telephone, cable television, or
other similar services); easements on, over, under and
across all or part of the Common Area, and the utility
easements as provided on the recorded subdivision plat
for installation, use, maintenance and repair of all
lines, wires, pipes, and all other things necessary
for all such services, provided that any such lines,
wires or pipes shall be underground and, further,
provided that all work done in connection therewith
shall be performed with reasonable care and that the
surface of said easement area shall be restored to the
level and condition that existed prior to the doing of
such work; and
(c) Itself, its employees, successors, assigns, agents,
representatives, contractors and their employees; the
right to use the Common Area, where applicable, to
facilitate and complete the development of the
Property, and any Annexed Property, including without
limitation the use of the Common Area, where
applicable for:
(1) Construction, excavation, grading, landscaping,
parking and/or storage;
(2) The showing to potential purchasers of any unsold
Lot, unit or improvements within the project;
(3) The display of signs to aid in the sale of any
unsold lots and units or all or part of the
Project.
Dated this day of , 1988.
WASHINGTON FEDERAL SAVINGS &
LOAN ASSOCIATION
By
It's
By
It's
~~ ' I, Y •
STATE OF IDAHO )
COIINTY OF ADA ) ss.
On•this day of , 1988, before me, the undersigned,
a Notary Public in and for said State, personally appeared
and , known to me to be
the
and the of the Corporation that
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
Notary Public for the State of Idaho, Residing at
Idaho
My Commission Expires: