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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: r • • 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. 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O F _._.I~~G -v-hm9 __,.:.:Go vn, pv ls- K~~a ppw,c~w•a~. , __ • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACKNIEMANN,CItyClerk JANICE GASS, Treasurer rk S t BRUCE D STUART W t W CITY OF MERIDIAN . . , a er o a up 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. • 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 ` ~ • 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 • .• r • • 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: