Hunt, RyanOFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD. Wsste Water Supt.
KENNY BOWERS, Flre Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
HUB OF TREASURE VALLEY •
A Good Place to Live COUNCILMEN
TV MERIDIAN
O~
CI RJO,EABERTMYE SA
ROBERTGIESLER
i +
33 EAST IDAHO MAX YERRINGTON
MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning
JIM JOHNSON
Phone 888-4433
GRANT P. KINGSFORD
Mayor
August 13, 1991
Mr. Ryan Hunt
$ Mr. Garret Longstreet
P.O. Box 8082
Boise, Idaho 83707
RE: Fence Variance Request
Dear Mr. Hunt:
Two of the four members ourtre resentativetyMrenGarret1Longst~eetttee
met in the presence of y P
on August 12, 1991 at 4:30 P.M. at Meridian City Hall. This
meeting was held pursuant to the Notice of Public Hearing for
this variance request dated July 24, 1991. The two absent members
of the Committee were contacted by telephone the following day for
their comments to your request.
The Committee has agreed to accept your proposal to construct a
side yard fence located 5 feet from the property line, which is
4 feet from the back of sidewalk. This will locate the fence 9
feet from back of sidewalk. Thewindow onltheonorth s~de ofhthee
at a point just west of the bay
house.
The fence will need to have its "good" side facing Chateau Drive
and the space between the fence and sidewalk shall be landscaped
and maintained. Please call "Dig-Line" at 342~he8~s~rholestion
of any underground utilities prior to digging
If you have any questions please call.
S' cerelyr
Gary D. Smith, P.E.
City Engineer
cc. File
B. Giesler, C. Rountree,
B. Gordon, City Clerk
i i
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 4:30 o'clock p.m., on
August 12 1991 for the purpose of reviewing and
considering the Appl iCation of Hunt Construction
for a variance from the Meridian Fence Ordinance at the
property legally described as follows: Lot #22 Bvc #1
Gin Park Sub # 1
and known by the address 2178 Sapphire Place
T h e A p p l i c a n t p r o p o s e s t o Build six foot fence along
Chateau Drive, five (5) feet back of sidewalk
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.
i ~
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 24 th day of July ~ 1991•
-1 „~ . ~ l~ /~., "t a----,
/ JA K NIEMA N,
Z NING A INISTRATOR
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IENREM U.i IIrST - ~~'' "
SETBACK ~L1NE
FOUND BRASS CAP
FOUND 5/8• $1EEL PIN k CAP
5ET 5/8' STEEL PIN k CAP
SET 1/2• STEEL PIN k CAP
SET PK NAIL
FOUND PK NAII
5ET 2• K 36• PIPE
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordi.~~ance) ~ ~
\';
~ ~. ~s ~3~, ~ ~-PHONE 3~4 ~-6os a
APPLICANT NAME:~,,,.a /C~~ ~^^
ADDRESS : S y ~ °- -J ..c i`~,~-~ k~-~. ~ ~ o ~ . ~'s `~ ~ (~ 3
OWNERS NAME & ADDRESS: (If different than above) Ss~-~~,
~.,
~,
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTAC'HE'D)
LEGAL DESCRIPTION OF PROPERTY: LOT#~~ #
SUBDIVISION ~o19-N'^ ®~ Fes'`""''
PRESENT USE & ZONING OF PROPERTY ~ ~~ g P.~~~
SCEIENlATIC DRAWING : ATTACH DRAHTING SHOWIrIG BUILDINGS , S'TREEITS & PROPOSID FENCE
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPF~TY
OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWO HUNDRID (200)
FEET OF THE ~ BOUNDRTFS OF THE LAND BEING C:ONSIDERID:
DESCRIPTION OF REQUIRII~1'TS OF THE
PERMIT THE PROPOSID FENCE : 10' A_
ATTACH APPLICATION FEE OF $
ATTACH STATEl~1EN'T THAT FENCE IS ALIAWID UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RES'TRICT'IVE OWE1~iANTS PERTAINING TO FENCES
APPLICANTS SICTTA'TURE
DATE
RECEI
CC~M'IITTEE HEARII~iG DATE
11q~
Y ~
S .[~.Cx
SECTI0~1: That Section 11-9-6~ J., FENCES, is hereby
amended by the addition thereto of a new subsection to be
numbered 10 and which shall read as follows:
10. That if an owner or applicant desires to obtain a
variance rom a rovisions of this Section 11- y-cup
s a no a rea a as a var ante
'
ursuan o e rov s ons o - or - - o +
e ev se an om e r nances an a rote ure
or suc a var ante s a no a overne e
a orement oned two sect ons. here sha be a s ecia
voce ure or var antes rom is ence or Hance
~
w c s a a as o ows : ~
a. The owner or applicant shall file an application
for a fence variance with the Cit Clerk which
app cat on s a s ate e o ow ng:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Name address and hone number of owners of
e su ec proper~r;
4. Proof of ownership;
5. Le9a1 description of subject property;
6. Present use of subject property;
7. Zoning of the subject property;
8. -Schematic drawin of the buildin and
propose ence;
9. List of the mailin addresses of all
ro er owners rom au en ~c ax recor s
o a count w t n eet o t e
ex erns oun arses o e an a ng
cons ere
10. Minimum re uirements of this ordinance that
nee o e re uce o ermi a ro ose
ence;
11. An a lication fee established b resolution
o e ounc ; .
b. U own recei t of the fence • lance a 1 ication
Fie zon n a m n s ra or s a se a ear n an see
a no ce s ma a rs c ass ma o a
owners o ro er w t n ee o e ra us o
e su ect ro ert w ch ear n sha e e not
sooner an a s a er a ma n o a re u re
no ice an no more an a s a er ma n o e
re u re not ce. a no ce o ear n oes not nee
o e pu s e n e o c a newspaper.
c. The hearin established b this subsection shall
~e con ucte a ence var .ante commi ee w ~c
comm. ee s a a tom rise o e~ n sneer e
er an o ce a one ounc em er an one
ann n an onin em er. uorum o sa
Comm tee s a e a min mum o f ree mem ers o t e
committee.
d. U on hearin the re uest for the fence variance
Fie comm t ee s a eat er a rove or en or a rove
wit con b ons a ap Ica ion or ence var ante;
at no wr t en in in s o act s a e re uire ut
a wr ten ec s on s a a wr ten o e ap scant
an o an art reques ng wry ten note ica ion o
~Tie~cis on a e Baring.
e. APPEAL. An a reeved art ma a eal the
decision o e commi tee erect o t e it ounce
pursuan o ec ion - - .
~.. n' i v.... -..~.__ __
III I Il:~le ~ ~ ~ .
Aro 9•ecx i lip
appllr.~le Zenlnq R.quMOlia n b ?eel a: the 14ne of .: .., ' ~.. ~ _ .. ..........._ - $EIEACK'1NE'~
" Ne re~ubdlrlelm. I
"' 3. DYeBt lot Dees Irom Chateau Drive and Locud Crow 0 FOUND BRASS CAP I n
aeaa N Prohbhed. r
- 4. AH lot Iha eanmon to o publk right or way Ilse have - O FOUND 5/B' STEEL PIN k CAP ~ 2
o t.n (10) root •Me permanent aubna ulNtbe, arahoge. - _ .
and hlgotbn easement ~ SET 5/8' STEEL PIN k CAP w
e
[.u 5. Thb eubdldelon b ablest to amPllanee •Ith the Iddhe -
.N Code Section 31-J80 bncrming krlgalhn •ate<• 80 30 ~fl"... QD 120 180 • SET 1/2" STEEL PIN k CAP r N
r ~ H
w 6, Eaah etde of tomman Itlee hose a aw (5) foot pem+anent • SET PK NAIL
. ~ publk u191tbe, krlpotbn, and dralnd9e eoeement empl ae I ~ Or
1 otherMbe ehoen. ~. ~ FEET
~ e FOUND PK NAIL
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I ~ SET 2' x 36' PIPE
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UNPLAITED IKeo
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. za~ oo' w t eo.9s - t se.2e - - ~• CHATEAU DRIVE s es' 20' w 661.82 _ _ 786.28 - ^
' ~ - ~ - r S
177.17 3.5D 158.26 - 189.J8 53,17
?' 00' W 179.84 N B6' OB' 13" W 158.26 I~~ S 89_20' W_ 66283 -I- el.a~
- - - - - ^ - toe.oo io&oD c, c;ti INITIAL Iii
~'Z ~ ~' tiM1 11ae7 to8.0o c I ,ti I , I I
p I7. I ?~ c I I __ POMT
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11g1g yt~ ~ $ 8 x•181 8 y\'~ 2p " 123 y11 8 50.00 " y\~ 33 I ~ I ~
~ I 11 I I 12 n 50.00 I I 5 89'20' 00' W W N 89' 20' DO' E I I
`0.00' W ~ 5W .00 ~: I S 89' 2G Otl' W ~ W I ~~ N 89' 20' 00' E O
`r3.55 N 89 5272.E 128.00 $ 128.00 I I 128.00 $ ~ I ~
8: < I ~ $' 21 gI' , g gig Q I
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~i6' g c N m 1tVy 10' ~ ~ g ar3S g ~ y~ n 124 Its ~ ~ n ~~ 32 i r (
o I ~ m N 13 n wm 1~ : 9LOCK 1! I I~ I~ J'
Y,. 00. w '^ ~ I. I I u I N 89' 20' 00' E
:. Jt $ u N B9' 20' 00'.E I I S 89' 20' 00' w ~ N 89' ZO' 00' E ` I I 5 BB' ~'~ W ' ^ a n 126.76
N 7.63 152.72 I 128.09 N a N 128.00 I I g ,ly N I I
w a BLOCK 1 c! ~ ~~ I ~' ~ r`1D I P
7,134 ~ z d o I W IS r y. n 135 v ~~ y 31 ;
~ I Q n yr~ 9 ~: ~ u~ 0. ~~ Z•\3 20 ^ ; 25 '• N I~ I
er" ~0 , ~` I ^g 14 .1131 a I~ , n ~ ~a I i '~
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1123 ` 5.t1y ;:,~ I ~~.: I ~ ~ I T
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,~, ti° ~ 9 ,. I g; 1.5 old 9 'o ~',~~ ti\~ 19 8 I I 26 y c c I I ~
ei
1 . ' N B9' 0' 00' I ~ C11 \
1107 1 ;: I e' ~ ° •
1 ~I: I \ ~ 5 5 Zp93 '/ ~ .~oq8. . zlao I
2}cc ~ 2tOZ \ '~ b I
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_ 6 1 1 7 s ~5' 16 \ \ 16 n ~ ~ 28 .~0
1~ ~' ~ do ---- - - --\ \~-------~ ------~ ---------- - _ :~ I 1
$ %i,_2 _'__ __ I I I 50' EASEMENT FOR--- JACKSON STUB DRAIN J --- ---_-- __-_ _s i .oo
81'S3'30'E~- e`a.e9'--1J L ~ -- -- t94,~~.__ 82~ B _ __- ieo~_ -- --
298.92 '1429. _ N 89' 03 50 685.90 ,
.~,~ , Preptxed By °D
JOINT 10' EASEMENT :~;,. n L Ayetre>.wia~ne. D A ~
BE1wEEN U.S. NEST - 'se ""
4795 EMERALD
BOISE, ID 83706
PROPERTY PROFILE
TELEPHONE (208) 336-1054
FAX (208) 384-1398
Prepared For GARRETT LONGSTREET
Date 7- 1 2- Q 1 Deliver By 7- ~~-
Date/Time
As requested, we have searched our records concerning the property you are interested in.
We are pleased to provide you with the following information:
Apparent owner of record
Property address
Legal description
We are also pleased to provide the following documents for this property:
C~ X The last deed appearing of record
Effective deed of trust or mortgage
A plat or map reproduction
~ Pertinent restrictive covenants
If you have any questions, please call the Title Dept. at 375-1891. We will be happy to help you. Thank you for
calling Lawyers Title of Idaho. Please designate "Lawyers" on your next order for title insurance.
Thank you,
LAWYERS TITLE O IDAHO
By: ~~
FRED SHAYLOR
This title information is furnished without charge and without full examination of record title to subject premises. No liability is assumed for
any errors or inaccuracies in this or in the information obtained from various offices that is set forth herein or attached hereto.
THIS DEED OF TRUST, lfado this 9ch day u[ January 10 g), ,
BETIVEEN RYAN W. HUNT and JENNIFER M. HUNT,
husband and wife herein called GRANTOR,
t)•hoso address is 5489 N. Citadel Way, Boise, Idaho 83703
STEWART TITLE OF IDARO, INC., an Idaho corporation ,herein called TRUSTEE, and
U.S. BMiCORP lIORTCACE COMPANY, an Oregon corporation ,herein called P.ENEFICIARY,
1C]TNF.SSETIL• That Grantor does hertby irret•oc;tbly GRANT, CARGAI\, SELL AND CON \'EY'1'0 TRUSTEF.
IN TRUST, 1CIT1l fO51'ER OF SALE, that property in the County o: qda
Slate of Idaho, ds~s; rilrerl as follows and containing not more thou I)centy acres:
Lot 22 in Block l of GEM PART( SUBDIVISION, according to rho
Official Plat thereof, filed In Book S7 of Plate at Page(s)
5346, records of Ada County, Idaho.
TDGETIIER R'IT}{ the rents, issues and profits thornot, SUASECT, fIOR'EPER, to the right, power and authority her<ina[[er given
to and eonlerrN open A<ne5ciary to collect and apply such rents, issues and pro.lts, '
Far the Puryuse of Gcuriag payment o! the InJabtedneas eviden<eJ by a promiuory note, of e n date hrrowith, a ruled by
Gnntor in the ew:: o[- -SIXTY-NINE THOUSAND SI% HUNDRED AND NO/100- - - -Ve Dollars, ti -69,60C.00-),
fins 1»rmrnt duo January 9, 1992 -
nd to secure payment of all such !nether puma n. may hereofter bn toane,l or advanced by the Deneflciary herein to rho Crantor
herein..v any or rlther of them, Lilo r rd ow o[ yr ant interr+t. !or n y p rpose end o[ any ores, drn[t~ r other i atru-
mente np .coring ch further tonne, odvmtrrsrta ~onditurea together with Inleroa[ on all ch a ma ac rho to therein
vtJM. prociJ J, Au wecrr, that the making of .uch further loans, aAvnnces r ~p diturae shall ban ptlonnl ith the Bene•
firiaq~, and provideJ, further, Chet it a the rx prea+ i tontine of the port iea to this Peedno! Tnt+t that i[ shall sLUnJ na continuing
ur:ty noel paid for all such adranre+ [oc••ther with interest thereon.
A. 1'a protect the s curity of this Ueed of Truaq Guraor acre
1. To keep snit Drop.•rty in goof condition and repair; not to remove or demo!iah nny builJinq thereon; to romylele or rostore
promptly and to grwd and workmanlike manner any builJinlf •hiclt may be canatructed damaged or dcatroyeJ thereon anJ to nay
when due all claims for labor performevl d mnteriuls furnished therefor; w coml,ly n•il~t ell lawc aRecting said prop • ly o requi
inq any nltrrntion, or impro m is to ba made thcrcen; not to commit or permit asaste lheecn(• of to a mrni[, euRer or per t'l
a y net upon aid prop rty in iola•.ion u( law; to nicate, irrigate, fertil izr, tumiga te, prune n,l do all other a t+ whirl: from the
s M,uerer or tA..e u[ sail Vr~ywrty nta)• be r a:anabi)' nett•ssnt'y, lha speei tic rnumaratiane here(n nut excluding lho general.
:. To provide, aintain nd deliver tovAenrari:,ry fire insu nee 'sati,fnclory to and with to n p )• ble to Brn fi Inry.' Th
moo t collrrtnl und.r any fire or other insurance policy my be applieJ ty Aeneacinry upon any IndebteJnesa seeureJ hereby and
,uch order ns Urnericiaq~ may determine, or et option of Benefiein:'y` the entire amount so collected or any part therco( mxy Le
released to Grantor. Such a rylicaeioa or release shall oat cure or ~.va a any default or notice of default hereunder or invall tole
any art done punnnnt to su<~ notice.
1 To appear in sod defend any action or pruredinlf PurDOrtinq to aRcct tha security hercaf ar the rfgbls ur powers o! Rene-
fiMary or Trustee; anJ to pny ell costa and a:penaes, including cost o! crldence of title and attorney's (era in a nmannaLle sum, in
a Y such action or proceeding in x~hich Denrtlriary or Trnslee may apDenr.
i. To' pay: at least ten days before JelinquencY all roses and wsessments eRrcting said property; when Jue, all coca mLrnneca,
charges anJ lien., wnh inesreat, on acid property nr any part thereof, which appear to he prior or superior hereto; ell costa, fees
• d expenses n[ this 7'ntst. In aJAit inn to ll:a ppaym•nLS duo in accordnnro with the terms of rho note hcrcby neon red the Grantor
.hall at the option, and on demanA o1 the Arnefieiary, pay each month 1/1. of the estimated sonnet tnx,•s, nsarsamenG, insurance
premiums. ma trnance and otber cLnrges t:pon the prolwrtY, nceerthe!ess in trust for Grantor's use and benefit and fur the pny
meet by Heneflciary n( any such item+ when date. Grnntor"w foilu re so to pay shall constitute a drfa alt tmJcr this total.
5. To pay immedi:dely nml widtnut demand all •umn ecp,mdeA by D.: nefi cinp' or Trustee pursuant [o the Irru cisimts hereof,
rn mtrroa tr,~m date ar exprndunre nt right per rant per annum.
f.. Shmdd rrnntur (ail to rt ~ any p;t> ant r w da :,nY arc a nrrrin pr cidrJ. thin Drnrfciary ar Trn.Lrn, LuL t,dthuot
ubligati,~ n t,. ,! and without notice to r demand upon Grantor nnA without rcirnsinq Grantor from any uLl i>; nLiun hereol, may:
mak or Ao the same in su ~h mnnne nnA to s rh extent ,s enhrr may dt re esory t p areal the s urit)• hereof, Brncfi ciary
r Trustee IK•Ing u;horixrA to enlrrrup n niJ pmprr[1' for su^h p r~,oses rappenr in and dote I nny nrlian nr proceeding yur-
porting to aRrvt the security hereof nr the rights or powers of Aenefictnry• o TTruster; pay, purcha ae, ro tr.v[ ar co ae y
mbn diarge or lien • ~hirh i the jt dgm nt r [enhrr appea s to Le prior ur super mr hereto; nnJ, in sere .lug nny .any
paw+n, or to rufnrcinq this Derd nlnTrusl hy. jwlir;nl }orrelusure, pay' nr,essary expanses, employ rounsa•I and pny this ranwnable
[rr,.
A. II i. mnluall/ agrrcJ chat:
1. .\rty nwa r of la ngra in connection with )) ondrmnn lion foe puLlic use of or injury to snirl pn perry or nny part hereof
is horrl~y ...ignrJ and slm 11. hr pniJ to Beneficiary axlto may apply r irase'such moneys received Ly him in the sa
anJ with the same eRect as above provided for disposition of yraccrda of fire or other inaurnnre. me mannar
^. By accepting pny meet of any sum secured hereby after "s due Jnte, Beneficiary does not waive hie right either W require
prr•mpt pnym••ut whin der of a!1 o:hcr sums so secured er to declare dc!ault tar failure ao to pap.
7. :\[ : nr time or from time la tune, witbmu liability therefor a .1 without notice, p ~rit ten request of ltrncfiria ry : n I
prr•enl:,tion .,C this herd :,nd sniJ note ter enAur: ement, anJ without steer ling the Personal 1 LilitY c[ ty person fur payment of
the ii !,•LteJnc..v s, fired hon•Iry, Trustee nt~v• nn~t vcy ell o any part o! :aid property; rot .von[ to the making of any mn.p o
plat therm!: join in granting nny ra. anent :herr~,n; or join in any exten-ian nsrcemrnt or mty ngrn.emenL euburilinnf ing the lien
^r chat r her '
J. FUI~•~u writ :.•n n:gneat u( I;,•nrficiary vesting That ell sum. se •urrJ I:m+:by hate been paid, a...l upon eu rrendor of Lhia 1)eeJ
..1 said n.,le 'o 'l'ru:tre for r„c: rll:.tion amt rr vnt:nn and upon pacmrnt of fire Cora, Truatce vh:,ll re vr}•, +ritlinut w : nty,
the preprrty thin h; ICI hrrrun,lrr. The excite in h r n ".ner)'uncr r utrd under lliiv Aocd of trust ntn[ n ty m:tttcr.v art fnv La
i hall be e,~nr!o~ive I•roof n! Ilir Irnth fulnosa tot t••,,f. n`I'he gran:rr in :~itrhrrrrrnreyanvc may' Le Jrseri hrd na "the I,craun or Po''•ons
1, fly cntitlo•1 thrrrtr~"
5. :\s : n:,l , city, Crno for hcn•oy - to :nvi mnferr, upon L'enofvinry rho right, power amt ; :t tiro: ily, during lho
, lino m • .,f :hc: e Tru 11ts, to 11^ct th+ err +' r,nllltl^rolt rs ..C a,itl p n arty', rrsrrring unto Grantor the ~ighr, to ;
virfau:t alq' Gra nt~.~r~in p:,ytn tit n[ ::rty i. ,fete u~!nrls'.rrvi ~s v r 'n I•r r(oi~ a of n tY qtr meet Le ,• nder, to trolirct an I
retain uch rents, iv •t a;td Vrunts a Lhey Le~onm ,lac nn,l l~ayabli :t l'pon my is chrt'efnult, Arnea;;:'rY tYtnt nny lime tri(hout
ulicr, either it r •rs by agent, or by n rriv r to be nppointr,l l•y , rt, :nod wilhaut regard to Lhe adequacy u( any s ril•;
!nr tF.. nJehlo,l is :.s he ~ ~I,y zrc rcJ, cafe upon nnJ tal:r poaarsaion nC sniJ p party ur any part thereof, i his nw n mime sur~ !•~r
o ulhr rn'i•r ndlrvt uch routs, ui:vnea ,nA prnli t.+, mcln•linq llwse pn•t doe-end un pail, anJ npplY the name, Irss co~.t.v anal expenses
t operation and r~~llnc:inn, inclu~linq reasnnahlc attorney s fora, upon any indebt dnesa secure) hrn•hy, and in ..uch nrJer ns Cvne-
ficiary• may Jrt~•rmint:. 'fho nlerinq t p nd la A: elf puacesaian MrsaiJ property, the cullerlioa of such rents, issues xnd'pndi is and
the app!icnGnn Lhrrvof ns afor.•sui,l, shall n,.l r.tr. or nat.e ,rty ~,.mdt or notice of default hereunder or invaliJate nny act rbne
per=aunt to such notice.
,. ~'! )?
CURVE TABLE
CIwiNE OEITA AAON$ AAC CHORD iANGENi CMORO 990
I er29.4o' zgaa 31s9 2eA1 2o.n N/s2s'10'w
2 80' W' W' M.00 }1.42 2928 20.00 9 44' 20' W N
7 50' 00' O6' Z0.00 17.45 16.80 9.37 S 25' AI' 10' E
1 {T 50' 30' 50.00 41.15 40.55 22.18 N 2fi' M' OS' W
s 4T 11' 17' 50.00 41.19 10.0] 21.84 N 20' 1a' S2' F
8 21' 06 35' 59.00 20.20 20.08 10.21 N 55' S6' S1' E
7 47' ]B' 2fi' 50.00 3B.OB JI.t7 20.02 N fig' 10' TI' E
9 T]' O9' 35' 50.00 20.20 20.Ofi 10.24 SST 18' OB' E
9 U' 30' Z9' 50.00 79.71 JB 6B 20.97 5 22' S6' 78' E
10 N'SB'{t' 20.00 17.15 Ifi,90 9.33 N 34'19'S1'E
11 aroo'a9' zaoo }1.42 ze.ze 20.00 x 4s'4a'oo'W
1T 99•oo'a9' zo.oo 3t.42 ze.ze 2o.ao s Ic2o'oo'w
17 /9' S9' 21' 20A0 17.45 16.90 9.72 S 25' b' OB' E
11 6750' 2Y 50.00 41.75 40.55 22.18 N 26' N' I6' W
IS {711' 26' 50.00 41.18 40.03 21.84 N 20' K' Tfi' E
IB },TOY /2' 50.00 10.19 2005 10.27 N 55' S6' 09' E
17 67' 38' 30' 50.00 3B.OB 77,1 ] 20.02 N B9' 30' 00' E
18 T7' OB' ]7' 50.00 2020 20.06 10.24 5 ST 16' JO' E
19 brn'23' So.oo 41.1e 40,03 21.84 s zrob•v'E
24 49' SB' S0' 20.00 17,45 16.90 9.11 N 2Y 19' S9' E
21 80' 00' 00' 20.00 }7 A2 28.29 10.00 N /5' 40' 00' W
Z2 M'J1' 47' 20.00 3].00 29.38 21.65 S /6' JS' S4' W
27 H'S9' 41' 20.00 17.45 16.90 9.]3 5 25' 39' St' E
24 51'IY M' 50.00 47.}8 15.6] 25.84 N2J']0'SI'W
25 ffiae'19' 50.00 25.40 25.1] 1298 N lfi'1l'09'E
28 K'O$'S8' 50.00 21.OJ 21.87 10.67 NN'4Y I6'E
T7 SW ST /0' 50.00 52.17 19.92 2981 N BB' 4Y W' E
29 !2'$' IT 50.00 19.71 1958 9.89 S 51' 29 29' E
T9 SWSY 51' 50.00 14.10 4298 23.78 5 15' 14' 27' E
JO M'5B'41' 20.00 17.15 16.90 9.32 N 24'19'S1'F
71 q00' 00' 2000 31.42 28.28 20.00 N 45' 40' 00' W
J: v3T as' saoo uat 11.69 2xa6 S 24' 3Y 59' W
7J 6T 50' 16' 90.00 41.75 10.55 221 B S 25' 24' 21' N
N Sf OT 4]' 50.00 34.15 33.49 17.77 S 29' u' S0' W
PLAT SHOWING
I 1
~V~~'nile Iris is a_ pFlot~~rapnic:te~ro ucfion o ine
GEM PARK SUBDIVISION ` c, aid p!at; the c~''~ ny assumes., no ~~I~bdlty
SITUATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, ~~` vuriaticns, iF any, with d`re-surrey:
SECTION 6 T3N R1E BOISE MERIDIAN LECENo
MERIDIAN, ADA COUNTY, IDAHO _ _ _
1990 ~ BOUNDARY UNE E 1/4 CDR.
SEC. fi
NOTES
I. Bulding eeMacka F thb sabavielon ahdl cm/orm to Ue
applkobb Zmng AequbOOna of the Clty of Nerl6on.
2 My reaibdhAelan o/ This plat shall canply with Ue
applicable 2onnq Regulotione In anal of the tbne of
IM taeubdFJsbn.
3. oo-eae mt oaceae nom chat.oa onw ana Eowet crow
Roca b prohlBlted
l Ill lot Ilnde common to c pub9c rlgAl of way Ilne haw
a ten (l9) root wise vennmenl vaNla atB0lee, araHa9e.
wd brlgal'wn eaemmenL
s. mb eabaiNaion la eabject 1o comp0an« wnn me mono
Cosa Satlan 31-3805 concerning brlgatian water.
6. Eah abe of common linen haw a Ow (5) fact Dmmanenl
- public ut9kbs. Yrlgalbn, and dnlnage eaeemenl, except Da
oMerwbe slam.
- - - CENTER UNE
RIGHT-OF-WAY LINE
LOT UNE
J
0 -------- - UilLltt EASEMENT UNE
P
7 `
__ _ _ . _. SETBACK UNE
I
0 FOUND BRASS CAP m
n
0
FOUND 5/8' STEEL PIN k CAP
~ _
in U
•
SET 5/8' S1FEL PIN k CAP a
;w m
SEE MONUMENT CERTIFlCATE "
e I n o
80 JO 0 60 120 180 BELOW, INTERIOR MONUMENTS
TO BE SET IN THE FUNRE
' b N
a SET 1/2" STEEL PIN k CAP. I
m
SCALE W FEET p
a SET PK NAIL O
e FOUND PK NAIL
0 SE1 2'a 36' PIPE I
uNPLATTED
1"
_ 5 B9' 20' OU' W 180.98 N Bfi' OB' 1-' W 158
1 - 1
2 EAST CHATEAU DRIVE 5 B9' 20' 0 0' W 861.62
xim,
5 177.1
B9' 20' 00" W 59 15926
~
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MONUMENT CERTIFlCATE m 1- c '~ ~ B I I `
1HIS IS TO CFRIIfY -IAT THIS PUT LS BEING RECORDED I B' c27 1\ 11 ~ N ~, z7 ~, I m : 1 S . rJa ~
UHOER THE PRO`A9D215 OF IDAHO CODE 50-1331-1377 Int. ~~~-'~~- \ I ~ cn \
AND txaT Au W1ER]OR MONUMENTS x1LL BET SET'MTHIN ~: 1 1 I ~ \
ONE TEAR FROM THE RECORDWG DATE OF THIS PUT. ICI. 6 1 ~ I ~ ~~ \ \
I \
JERRY L HASTINGS, P.LS. N0. 5759 ~-----__ 6 6~ f/6 7 5 ° ~5' 16 \ \
~uu4o4 $j __- 1 \L--- 17 e \
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~w L'- a ~--~---w r------ ---- -----
' 535 zo.lz - : ----- I I
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19 $ I 26
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~-¢~ S 82'JS'QO•E 5 81.53, l 7"~== -__- - I
BB
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~ E 2 I 50' EASEMENT FOR
-- ---__-
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52
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59.42
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JNNT1a' EASeAFNT
UNPUTTED PreparedBy rn
DENELOPEII: udo ~,;,;~,~, µ Roylance & Associates, P. A. N
TIC MESIPARK CO7JPANY IRRIGAnON 0159ACT Englneera - SNrveyoro - Landpl•nnue
5137 N, LEATHER PUCE - y,a,,..,,,,, ,.,,.~,~. 8.,
„
~ - 4227 Emerald Street ~ Bolae. Idaho 83708
BOISE, IDAHO 63704 _.
.
- (208) 376-739D s.F. coa.
311-B-I-2-0-D-0 JOB N0. B90B-979 91EEi I Of 2 C~ACAO~J9\OEIIPUiADMC SEC' B
J
r~
-,
• 900830
DECLARATION OF COVEr1ANTS, COrlDITIOrJS
AND RESTRICTION FOR ~cM PARK SUBDIVISION
DATED: .2- ao - 4c?
P,EGORDED: ~-a o- ~j
INSTRUMENT !•l0.:
' '~
1= !~ 1
•• ` `.. .
~~D--~t~
11~~~R~.~~~
-~"7 X53 ~ ~ -4~7
q i~ ~~.
THIS DECLARATION is made on the date hereinafter set r"orth by the
undersigned, hereinafter rer""erred to as "Declarant."
WHEREAS, Declarant 's the o-vner of certain real property in the
County of Ada, State of Idaho, hereinafter referred to as "said property",
more particularly described as follows:
GEM PARY. SUBDIVISION - Ci~y of. Meridian, County of Ada, State of Idaho.
All property and residential lots ti•~ithin GEM PARK SUBDIVISION,
according to the official plat thereof, on file in the office of the
County Recorder, Ada County, Idaho, as shovrn by book 5 7 of plats at
pages~35/~ and~~records of Ada County, Idaho.
rrOw, THEREFORE, Oec?arant hereby declares that all of the said
property is and shall be :teld and conveyed upon and subject to the
~as~merr~.:s, conditions, cn~.•enants, restrictions and reservations
hereinafter set north, ail of which are for the purpose of ~nhancinq and
protecting the value, desirability and attractiveness of said property.
Said easements, covenants, restrictions, conditions and reservations shall
cor~sti tute covenants to rt:n y,i th the 1 and and these cond i ti or.s , covenants ,
restrictions, easements and reservations shall inure to the benefit of and
be limitations upon all f~;ture oamers of said property, or any interest
therein.
ARTICLE I
DEFINITIONS
Whenever used in the Declaration, the follo~ving terms shall have the
following meanings:
1: "Said property" shall mean and refer to that certain real
property hereinbefore described, and such additions thereto as may
hereafter be brought within tl~e jurisdiction of the Declarant.
L. "Lot" shall mean and refer to every lot of land described in
the preamble to this Declaration. t;o Lot shall be divided into tyro or
more building sites, except as provided for herein or with the prior
written consent of the Declarant.
DECLARATION, Page 1
~' ~ , ~~. qtr ~
11~C~fi~•~ 1~:1~
3. "0~•:ne~" sea i 1 °,~:an and refer to the record o~•m^r of a feo
sir7ple title to ~.ny lot (inr.luding contr~~ct sellers), ~•:hether one (1) ar
mot-e persons or entities, excluding hose having such interest met-ely as
security for the D~''formanoe of any obligation.
4. "Declarant" or "Developer" shall mean and refer to the
under-signed its successors, heirs and assigns.
5. "3uildinq Site" shall mean and refer to a Lot or to any parcel
of. said property under ore (1) o-,rnership which consists of a portion of
one (1) of soon Lots or contiguous portions of two (2) or r?ore contiguous
Lots if a building is r.et-strutted thereon.
0. '•.^`.°_t~?i.i:" means the m7nlf'!UfP dlStaf:Ce i)et4.'Den Lhe dl;~?iling Unlt~
or other str::ot;:re re-o?-r?d to and a given syreet or road or lot line ?i.
of -•:hich shall ^e in accordance r:ith the applicable zoning r-egulatior;s o=
the City cf P'e '-an ~•' o.
rig' ., _,.::~
7. "?•'c~-t~a=~" sha' 1 r.:ean and refer to any mortgage o;" dyad Gf
':rust, ar.d "i~ior_q:,~°_S" s"ill refer to the mortgage or beneficiary of a
deed of trust and "'+crte:go?'" shall refer to the mct-iaaaor or Declarant
of a deed ~f ~r~:-` - -
:, ~ .
~P,TI CLE I i
ARCHi TECTURAL C~~i+ I RDL CGA~P'I I TAE
~'~n /,rcr:i=octural Control Cornittee is hereby created to approre all
i~.lproVeC?eels l'!i ~...^; tf1C .Ui?d1ViS10ri. i^° aF'prD1'di Shall be In 1•lrlling and
shall be ir. a_CCrdanCe Vl=th the terns, conditions and standards set for*h
herein. .The Ar~i;it~ctur=l Control CoTmi~tee shall be co~,prised of Craig Groves
and Greg Johnson. The r•rchi±~clural C;,ntt-ol Committee shall consist or
at least t:•!0 p°oC'._. ~'e~ ~a?'dnt ray !'eI:.OVe any member Of the Commlllee 3r~Y
time and ray ac~point new or additional rembers at an_y limo, Each (1-•lner
shall su:~^l: a :•lrit~en roq!;est ~cr approval of plans, sFeC1T1Cal10nS c!i
elevations cf prot+osed irprov~rents upon Lots within the GEi~ PARY,
S?.GDIb'ISIO"!. In the evert said Arohit?clural Control Committee fails to
appro~~e or disappro~~e the plans, specifications and elevatiens within
thirty (3Q) c'at's after said plans, specifications and elevations have l,rcn
su br?i tted i n trr i : ir.g by certified rail , approval shall not be required end
the Article shall h~ de~red to have been fully complied vlith, The
Arci~itectural Cortr~l Co:~rri.tee r-ay, in its discretion require that eth~~i•
doour:ents be su,:: i tted to i t i n accordance ~•!i tb the terms and conditions
of the Dec :anal- ^r..
f:RTICLE III
i,P.Q^E°TY L'SE REST°ICTIOP,'S
'The follot•lir.c restrictions shall be applicable to the real prop_r`_;;
locate) in ,, .Pi ?cRr: S?JB~':VISIGir' and shall be for the banei=it of, and
limitation u~~r., a',1 Dt-event and future Q+:mers of said croperty or any
interest therein.
~ ~ 1~~oc~~~~~~1~
1. All improvements constructed upon Lots within the (;EM PARK
SUBDIVISION shall be single family residences. Residents living together
upon. the premises as separate housel;eepinq unit in a domestic relationship
based upon birth, marriage, or other domestic bonds, shall be a "single
family" for the purpose of defining a single family residence.
2. Unless written approval is first obtained from the
Architectural Control. Co,~~~ittee no sign of any kind shall be displayed to
public view on any buil.dinq or building site on said property except one
(T) sign of not more than•five (5) square feet advertising the property
r"or sale or rent or signs used by the Developer or Lot Owner to advertise
the property during the construction and sales period. If a property is
sold or rented any sign relating thereto shall be removed immediately
except the Declarant and only Declarant or its agent may pest a "sold"
sign fora reasonable period following a sale. One professional sign
located in Front of the Subdivision a~ith the name of said subdivision grill
be allot:~ed and maintained by Declarant or its agent until termination of
the said development or other arrangements and subseouent Lot Owners.
3. No animals, livestock or poultry of any kind shall be raised
and bred or E;ept on any part of said property, except dogs, cats numbering
no more than taro or other household pets, provided that such household
pets are not kept bred or maintained for any commercial purpose, nor shall
any dog or cat be kept which unreasonable bother or constitute a nuisance
to other Garners of other Lots.
4. No part of said property shall be used or maintained as a
dumping ground for rubbish trash, garbage or any other water. No garbaoe
trash or other -•raste shall be kept or maintained on any part of said
property except in a sanitaryy container. All equipment for the storage of
disposal of such material shall be kept in a clean and sanitary condition.
5. No noxious or ofr"ensive or unsightly conditions shall be
permitted upon any part of said property, nor shall anything be done
thereon which may be or become annoyance or nuisance to the neighborhood.
6. No trailer, camper mobile home, camper-truck, tent, garaqe,
barn shack or other outbui]dinq shall at anytime be used as a residence
temporarily or permanently on any part of said property.
7. Parking of boats, snowmobiles on or off trailers, trailers,
motor home, motorcycles, trucks, truck-campers, any -recreational vehicle
and like equipment or junk cars or other unsightly vehicles shall not be
allowed on any part of said property nor on public ways adjacent thereto
exception only within the confines of an enclosed garaqe or behind a
fenced enclosure and no portion of same may project beyond the enclosed
area except under such circumstances, if any, zs may be prescribed by
arritten permit approved by the Architectural Control Committee. All other
parking of equipment shall be prohibited except as approved in writing by
the Architectural Control Committee.
8. No garage door shall remain open for anytime period except
during ingress or egress of vehicles or individuals.
DECLAR.~TIOP;, Page 3
•
2~~~~O~fi.~15
9. PJo telivision antennas, radio aerials or satellite dishes shall
be installed on the exterior of a residence.
10. No activity shall be conducted on or in any improvement
located upon the Lot -•rhich is, or might be unsafe or hazardous to any person
or property. Without limiting the generality of the foregoing, no
firearms shall be discharged upon said property; no open fire shall be
lighted or permitted on the property except in a self-contained barbecue
unit wh ile attended and in use for cooking purposes or -•rthin a city
inspected and approved interior fireplace.
11. No lights shall be emitted from any Lot ~•rhich light is
unreasonably bright or causes unreasonable glare; no sound shall be
emitted from any Lot -•rhich is unreasonably loud or annoying and no odo r
shall be emitted on any property which is noxious or offensive to others.
ARTICLE IV
BUILDING RESTRICTIONS
All Lots and improvements hereon t•;ithin said Subdivision shall be.
used exclusively as residential living purposes and such uses as are
customarily incidental thereto, unless otherwise specified on a recorded
plat or in a supplemental declaration covering a Lot within said
Subdivision. _
" 1. PJo Lot shall be improved except with a d~•:elling or residential
structure or complex designed to accommodate no more than a single family
and its servants and occasional guests as customarily incidental to a
residence designed and constructed in accordance with the provisions of
these covenants relating to approval by an Architectural Control Committee
and containing a floor area not less than approved by the Architectural
Control Committee and in compliance with all City of Meridian ordinances
governing single family residential development~in R-8 zoning.
2. No structure or above-around improvement shall be permitted on
any Lot ~•rhich are detached or separated from the principal structure
unless located vrithin a reasonable compact area adjacent to the principal
structure and attached by fencing or other architectural features and in
accordance ~•rith other requirements of these Covenants.
3. PJo d-•:elling or residential structure and no other structure or
above ground improvements shall rise more than two '(2) stories from the
ground level unless approved by the Architectural Control Committee. No
spl i t entrees al l o-•red.
~. No house trailer, tent, shacr, unattached garage, barn or
other outbuilding or structure shall be erected or placed on any Lot
within said Subdivision except for construction and/or sales offices
provided herein.
5. All residential building sites subject to these Covenants
shall remain of the~size and dimensions sho~•m upon the recorded plat.
DECLARATION, Fage 4
r:
~.~.~~~~~5~.6
6. No house, garage, outbuildings, fence or other structure shall
be built; erected, placed, materially altered or materially repaired
inc~ludinq with limitation the altering reoair of surface colors or
textures on any Lot in the Subdivision unless and until the building plan
specifications and plot plan have been revie-•red in advance by the
Architectural Control Committee and the same has been approved
conditionally or other-•rise. Said reviear and approval shall include
without being. restricted to, topography, finish ground elevations,
landscaping drainage, color material design, artistic conformity to the
terrain and other residences in the area, an architectural design shall
apply only to the exterior appearance of said improvements. It shall not
be the intent of these restrictions to control the interior layout or
design of said structures.
7. No building or structure shall be moved onto said real
property from any land outside said plat.
8. All bathroom, sink and toilet facilities shall be located
inside the d-•rellinq house or other suitable appurtenant building, and
shall be connected by underground pipe to wet line sewer connection lines
which have been provided to each lot. All recorded lots within this
subdivision shall be subject to and restricted by the follo-•rinq recorded
subdivision covenants:
(a) A monthly se-•rer charge must be paid after connecting to
the Meridian City public se-•rer system, according to the ordinances and
1 aars of P1eri di an City.
(b) 0-•rner shall submit to inspections and all requirements
of City and County ~overnm~nt Officials.
9. Setback Pestrictions - All dwellings constructed upon said
property shall conform to the setback restrictions as follo-•rs unless
specifically vraived in -•rritinq by the Architectural Control Committee. In
no ease can the Architectural Control Committee grant a variance to less
than the setback as defined in the Meridian City Ordinances unless a
variance is granted by the City through approved procedure. No building
shall be located on any lot nearer than twenty (20) feet to the front lot
line; nearer than fifteen (15) feet to the rear lot line, on corner lots
the side yard shall be minimum of twenty (20) r"eet on the side abutting
the street.
10. All buildings shall be of frame, stone, bricE;, concrete or block
construction and, if other than brick or stone, shall be finished and
painted and kept in good repair, and said property shall be used in such
manner as to be inoffensive to any other property owners. Paint shall be
colors that are not extremely bright or offensive. Roof to be composition
or better, no gravel.
11. All residential buildings shall have a minimum of 1300 square
feet of finished living area. All homes shall have an enclosed garage
with a minimum of 400 square feet, adequate for at least t-•ro (2) standard
size automobiles.
DECLARATION, Page 5
~ 11~~0~?151'7
12. Landscaping. Each builder or property o-•rner -ti~ithin forty five
(45) days of final yard grading shall plant at least t-•ro (2) 1'Z" caliper,
5 gallon ornamental trees -•rithin ten (10) feet of front lot line, adjacent
to street right of -•ray. In case of corner lots, such trees shall be
planted so that each side fronting on a street contains at least one tree,
and all landscape must comply vrith Article VI _3 for sight obstruction. The
remaining yard shall be grass and shrubs as, appropriate.
ARTICLE V
APPROVAL OF CHAt4G~S WITHIN SU6DIVISION
1. Criteria for approval. The Declarant shall have complete
discretion to approve or disapprove of any change in th° existing state of
property -•~ithin the Subdivision, but shall exercise such discretion ~•rith
the following objectives in mind, among others: to prevent violation of
any specific provision of this Declaration or any Supple:~ental
Declaration; to carry out the general purposes expressed in *he
Declaration; to prevent any change -•rhich would be ur•safe or hazardous to
any persons or property; to minimize obstruction or• diminution of the vie-•r
of other°s; to preserve visual continuity of the area and to prevent a
mar~;ed or unnecessary transition betr:~en improved and unimproved areas and
any sharp definition of boundaries of property o-•rnership; to assure that
any changes will be of good and attractive design and in i-~armony -•rith the
natural sAtting of the ..area and will serve to preserve and enhance
existing features of natural beauty; to assure that materials and
-;or•kmanship r'or all improvements are of high quality co:~oarable to other
improvements in the area; and to assure that any change -•rill require as
little maintenance as•possible as to assure a better app_aring area
under all conditions.
2. Conditions Precedent to Approval. Prior to expenditures of
any substantial time or funds in planning of any propose change in the
existing state of property vrithin the Subdivision, the 0-•m er of such
property, other than Declarant, shall advise the Architectural Control
Committee in vrriting of the general nature of the proposed chance shall
if requested by the Architectural Con~rol Committee to discuss the proposed
change; shall read or become familiar vrith any guides or auid~lines vrhich
may have been prepared or formulated by the Architectural Control Committee;
and shall, if reouested by the Architectural Control Committee, furnish
the Architectural Contro] Committee vrith preliminary plans and specifications
for comment and revievr. After the nature and scope of a proposed change
in existing state of such property is determined arxi prior to the
commencement of vrork to accomplish such change Architectural Control
Corr~nittee shall be furnished duplicate by such property ovrner other than
Declarant, vrith a complete and full description of the proposed
change in writing and -•rith a plot plan covering the particular Lot, or
other property dra-•rn to such•scale as may be reasonable by the
Architectural Control Committee. Where buildings or other improvements
which reasonably require plans and specifications be prepared by a
practicing licensed architect a fee of 5100.00 shall be paid to the
krchitectural Control Committee to cover costs and expenses of review,
575.00 of the fee may be waived by the Architectural Control Committee
in its descretion if the plans and specifications furnished are prepared
by a practicing licensed architect. Prior to giving approval to a
proposed change in the existing state of ,property, at least one (1)
member of the Architectural Control Committee shall physically inspect
the property. No proposed change in the existing state of property
shall be deemed to have been approved by the Architectural Control
1~.~t~0~',1418
Committee unless its approval is in ~;~riting executed by at least t4ro (2)
members of the Architectural Control Committee providing that approval shall
be deemed given if the Architectural Control Committee fails to approve
or disapprove a proposed chance or to maE;e additional requirements or
request additional information within forty-five (45) da~~s after a full
and complete description of the proposed change has been furnished in
writing to the Architectural Control Committee -vith a wri~ten and specific
request for approval. A penalty of 5100.00 shall be assessed any owner
i•rho does not comply with the above prescribed method of plan approval.
3. Prosecution of k'ork Ar""ter Approval. After approval by the
Architectural Control Com^~ittee of any proposed chanoe of designation of
property within the Subdivision, the proposed change shall be accomplished
as promptly and diligently as possible and in complete conformity ti•ri:h t^e
description of•the proposed chanoe and any plans and specifications
therefore given to the Architectural Control Committee. ;;.ilure to
accomplish the c'r~ange -•rithin the six (o} months after eats of approval
(subject to strikes and acts of Cod) or to complete the proposed chanoe
strictly in accordance -•rith the description thereof and plans and
specifications therefore shall operate to automatically revoke the
approval of the proposed chanoe and, upon demand by the Architectural
Control Committee, such property shall be restored as nearly as possible
to its state existing prior to any ti•rork in connection vrith the proposed
change,. The Architectural Control Committee and its duly appointed agents
may enter upon such property at any reasonable time or times to inspect
the progress or status changes in the existing .state of such property
being made or which may have been made. The Architectural Control
Committee shall have the right and authority to record a notice to sho-v
that any particular change in the existing state of property has not been
approved or that any approval given has been automatically revoked.
ARTICLE VI
~cNCES At;D HEDuES
No r'ences, hedge or boundary tirall situated upon a building site
shall be constructed except upon approval of the Architectural Control
Committee as provided in these covenants.
Chain link fences and rail or pole fences are hereby prohibited on
any residential parcel except a:here required by the Declarant or a public
agency to secure utility sites, irrigation or drainage facilities or other
public use as deemed necessary.
Declarant may construct a perimeter fence on one (1) or more sites
of the Subdivision and that portion of any such fence on tie perimeter of
the Lot ~rhere the same is situated shall be maintained by the subsequent
o~•m ens thereof in a stage of good condition and repair, the perimeter
fence ~•~i'll not be panned by the Declarant, nor shall said fence be subject
to maintenance by the Declarant.
DtCLARATION, Page 7
~ ~ 119JOL1519
1. Design. Subject to dimensional and location criteria ~•rhich
follor•:, all fences -•rhich are placed on any residential parcel shall be of
cedar of "grape-stake".construction or such other material as may be
authorized at the discretion of the Architectural Control Committee.
Hedges or other solid screen planting may be used along line barriers
subject to the same height restrictions as fences.
2. Height and Location. No fence or hedge situated any~•rhere upon
any building site shall be of a height greater than six (6) feet or such
other freights as the Architectural Control. Committee may.specir"y, above
the finished graded surface of the ground r•rhich such fence or hedge is
situated. No fence or hedge r•:ith an elevation above three (3) feet shall
be permitted in front of the d-•:elling structure.
3. Sight O~struction. No fence, hedge or shrub planting ~rhich
obstructs sight lines at elevations bet-•r~en three (3) and eight (8) feet
above the road-•rays shall be placed or permitted to remain on any corner
Lot ti•rithin the triangular area formed by the street property lines and a
iine connecting them at points thirty X30) feet from the intersection of
the Street lines Or 'In the C2se Of a rounded property Corner from the
intersection of a street property lines extended. The same sight-line
limitations shall apply on any Lot vrithin ten (10) r"eet r"rpm the
intersection of a street property 1 i ne ti•ri th the edoe of a dri ver•ray or
alley pavement. No tree shall be permitted to remain arithin such
distances of such intersections unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines or as
conditions are reouired by Ada County High-•ray Department.
4. Spite fences. The construction or maintenance of a spite
fence or spite tree shall be prohibited upon any building site. The
determination by the Declarant that any ~•rall, fence, hedge or tree falls
~•rithin the latter category shall be conclusive upon all parties.
ARTICLE VII
EP•S~~i=NTS
1. All Lots shall be served by underground utility lines. The
services shall be installed in road or easement right-of-~•ray as platted.
Each C~•rner agrees at his sole expense to pay for costs and hook on charges
as es~ablished by the utility companies for the underground service
facilities, zs a condition precedent to connection thereto. Declarant
shall not be liable for t're cost thereof but r.,ay recover funds advanced,
if any to obtain preliminary insta]lation.
2. The Declarant reserves such easements as shor•rn and noted on
said plat for the puroese of constructing water maim , electric
distribution lines, se-•:er lines, gas pipelines, and such other public
utilities as shall be necessary, convenient and desirable of the 0-•rners
of said Lots and parcels henceforth.
DECLARATION, Fage 8
• •• ~
3. The easement area of each Lot and all improvements in it shall
be maintained continuously by the 0-:•ner of the Lot except for those
improvements for vrhich a public au~hority or utility company is
responsible. lJithin these easements, no structure, planting or other
material shall be placed or pe rr;itted to remain vrhich may damage or
interfere -•rith the installation and maintenance of utilities or vrhich may
change the direction of flour of crater through drainage channel in the
easements.
4. An easement is hereby granted to the utility companies, its
licensees, successors and assigns, a permanent and perpetual easement and
right of -:~ay, sufficient in -•ridth to install and maintain underground
utilities, including the perpetual right to enter upon the real estate
hereinafter described, at all reasonable times, to construct, maintain and
repair underground utilities, through, under and across said land,
together vri th right, at the sol e exeer.se of 0-•rner, to excavate and refi 11
ditches and trenches. for the location of said utilities, and further right
to remove trees, bushes, sod, flo-•rers, shrubbery and other obstructions and
improvements interfering vrith the location, construction and maintenance of
said utilities on and across the following premises, belong to the said
o-•rner in Ada County, Idaho in the locations as designated and shovrn on the
official Recorded Plat of the•above described Subdivision.
5. pampa-l4eridian Lrrigation has an easement on the southerly
portion of Lots 5, 6, 7, lo, i7, 18, 27, 28, and 29 as designated on the
recorded plat, as. a drainage and access easement for Jac{:son Stub drain.
Said drain is to be contained in an underground pipe and covered over.
The easement vrill remain for maintenance of said pipe. Use of easement
by lot 0-•rner vri 11 be restricted from any permanent structures or portions
thereof being in the easement. Ease.Tent may be landscaped or gardened and
be fenced on the south property line vrith a permanent t"once and side lot
lines could be fenced vrith the portion crossing the easement being
panelized for easy removal by the Irrigation Company if necessary for
maintenance of the drain.
ARTICLE VIII
RECIPROCAL EASEh1cPlTS
Each and every 0-;~ner purcf~asing a Lot vrith the subdivision is
purchasing it with the full understanding that each Lot is subject to
certain reciprocal easements vrhich ar•e appurtenant thereto. Each owner
by purchase of a Lot vrithin the Subdivision agrees that it shall be
subject to the following reciprocal easements:
1. An easement for drainage is hereby declared to exist on each
Lot for the benefit of the adjoining Lot(s): provided, that the Owner
ir;stalling any drainage pipe, condui~, or other facility shall pay for any.
and all such improvements and cause the property upon vrhich the
improvements are located to be restored to their original state at the
sole cost of the 0-•rner employing the use of this reciprocal easement.
2. Each Lot shall be subject to the minimum building setback
r~auirements as applicable to the said property under the ordinances of
h9eridian City, Idaho.
D=CLA,R;~TIOh, Page 9
..
3. All Lots shall be subject to a general utility easement, vrhich
shall include, but not be limited to, access for ingress and egress for
maintenance or repair by the utility provider.
4. All Lots shall be subject to a permanent public utility,
irrigation, drainage and access easement vrhich shall be for ingress and
egress r"or installation, maintenance and repair for any public utility,
irrigation district, drainage district, or any other. utility providing
utilities and/or having an easement in, to and through the said
Subdivision, as sho-•rn on the recorded plat.
AP.TICLE IX
RESER~~ED EASEhiENTS
The Declarant for itself, its licensees and assigns, does hereby .
reserve-all rights, title and interest in, and full pourer to vacate and
relocate by instrument f filed of record on platted land in Declarant's
name, a right-of--•ray and easement for installation, maintenance, and
operation of utilities of any type or nature, and drainage and all
incidence and appurtenances thereof, over on and across the above
described real property as sho-•rn on the plat or reserved in any deed of
Declarant, together with all rights of ingress and egress necessary r"or
the full and complete use, occupation and enjoyment of the easement hereby
reserved, and all rights, and privileges incident theretp, including the
right from time to time to cut, trim and remove tress, brush, overhanging
branches and other obstructions -vhich may injure or interfere with the
use, occupation or enjoyment of the reserved easement and the operation,
maintenance and repair of the electrical, telephone, or other utility
system. Declarant further reserves to itself, its licensees, successors
and assigns, the right and pourer to locate new, or to vacate and assigns
any existing street or easement herein platted, as long as the Declarant
o-•rns each of the parcels -•rhich are adjacent to such street or easement and
provides an adeouate road-~ay in place of any vacated street as may be
squired for ingress or egress by adjacent Lot. Provided, any such
vacations and relocations made in accordance with the minimum standards of
the State of Idaho, Ada County, Idaho Lavrs, ordinances and regulations
thereunder in relation to platting in effect at the time of the
construction of improvements and shall be effected only by instrument duly
filed of record in said Ada County. The Ovrner waives any right which he
may have by statute or othervrise to object to any vacancies, relations
vacations and dedication effected by Declarant in accordance with the
provisions of this Section.
ARTICLE X
DECLARANT P,EPURCHASE OPTION
The conveyance hereby made is further. made subject to the condition
and agreement by vrhich the Ovrner agrees that -•rithin a period of one (l~
year follovring the date of delivery of any deed of Declaration conveying
any plot tract or lot the construction of a dt,~elling house in compliance
vrith the restrictions herein -•rill be commenced upon the described real
property. The term "construction -•:ill be commenced" as used herein, shall
require actual physical construction activities upon such d~;yelling house
or structure upon said real property. In the event the Ovrner shall fail
D~CLAP,ATION Page 10
~ 11~;~fi~?1522
or refuse to commence construction of such dwelling house or structure
vrithin said one (1) year period, the Declarant shall have the
discretionary option, but not .the duty, to repurchase the above-described
real property from the Owner or ovrners thereof at a repurchase price
equal to the purchase paid the Declarant, less the amount equal to t-:~enty
percent (20°~) thereof. In the event that the Declarant shall exercise its
discretionary option to repurchase the said real property, the 0-•;ner or
the then ovrners of said real property, shall, upon tender of payment of
the purchase price of said real property, the 0-•rner or the then o-•rners
of said real property, shall, upon tender of payment of said repurchase
price make, execute and deliver to the Declarant a good and sufficient
deed reconveying to the Declarant the above described real property.
This provision shall be binding upon all persons -•rho ray at anytime
hereafter, ov;n or claim any right, title or interest in and to said
real property, vrhether acquired by voluntary act or through operation
of 1 avr.
ARTICLE XI
PROSECUTION OF CONSTRUCTION l,'ORK
The construction of the dwelling house and structures shall be
prosecuted. diligently, continuously and vrithout dela~~s from time of
commencement thereof until such d-,~elling house and structure are fully
completed and painted. All structures shall be completed as to external
appearance including finished painting, yard turfing and landscaping,
-vithin eight (8) months from the date of commencement of construction. •
ARTICLE XII
GENERAL PROVISIONS
1. Enforcement. The Declarant or any Ovrn~r, or the 0-•rner of any
recorded mortgage upon any part of said property, shall have the right to
enforce by any proceeding at law or'in equity, all restrictions, conditions
covenants, reservations, liens, and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Declarant or by any Ovrner
to enforce any covenant or restriction herein contained shall in no event
be deemed a vraiver of the right to do so thereafter. In the event suit
is brought to enforce the covenants contained herein the Declarant shall
be entitled to recover a reasonable attorney fee 'in addition to allo-•rable
costs from ovrner.
2. Severability. Invalidation of any One (1) of these covenants
or restrictions by judgement or court order shall in no wise affect any
other provisions vrhich shall remain in full force and effect.
3. Term of Restriction and Amendment. These Restrictions shall run
vrith the land described herein and shall be binding upon the parties thereto
and all successors in title or interest to said real property or any part
thereof until January 1, 2020 at vrhich time said restrictions shall be
automatically extended for successive time periods of ten (10) years unless
the Ovrner or Owners of the legal. title to not less than tyro-thirds (2/3)
of the platted Lots by an instrument or instruments in vrriting, duly
DECL•4P,ATION, Page 11
~ 11S'~0~~1423
signed and acknovrledged by them, shall. then terminate or amend said
restrictions. Such termination or amendment shall become efrective upon
the filing, of such instrument or instruments of record in the of r""ice of
the Recorder of Ada County, Idaho. Such instrument or instruments shall
contain proper references by volume and page numbers to the records of
the plats and record of this deed in vrhich these Restrictive Covenants
are set forth, and all amendments thereof.
4. ho Right of Reversion.
Declaration or in any form of deed
its successors and assigns, in eel
shall be deemed to vest or reserve
or reentry for breach or violation
provisions hereof.
Nothing herein contained in this
vrhich may be used by Declarant, or
ling said property, or any part thereof
in Declarant any right of reversion
of any one (1) or more of the
5. Ben=fit of Provision-l,aiver. The provisions contained in the
Declaration shall bind and inure to the benefit of and t~e enforceabl_
by the Declarant and the Ovrner or Ourners of any portion of said property,
and their heirs and assigns, and each of their lecal r~pr~s~ntatives, and
failure by Declarant or by any of the Property 0-•rr•ers or their legal
representatives, heirs, successors or assigns, to enforce any of such
conditions, restrictions or charges herein contained shall in no event
be deemed a waiver of the right to do so. •
~~ 6. Assignment of Declarant. Any or all rights, po-•iers and
reservations of Declarant herein contained may be assiar•ed to any other
corporation or association -•~hich is now organized or vrhich may hereafter
be organized and vrhich will assume the duties of the Declarant hereunder
pertaining to the particular rights, po-vers and reservations assigned and
upon any such corporation or association evidencing ins intent in vrriting
to accept such assignment and assume such duties as are given to and
assumed by Declarant herein. All rights of Declarant h:r~under reserved
or created shall be held and exercised by the Declarant alone, so long as
it puree any interest in any portion of said property.
7. Special Notice Regarding Irrigation Assessments. The Declarant
has made no provisions for delivery or use of district water on the property.
and none are planned. Hovrever, until and if the district approves a
petition seeking removal of the property for the district, the .property
urill remain liable for district assessments.
8. Amendment. This Declaration of Restrictive Covenants may be
amended by urritten instrument duly notarized containing the signatures of
not less than t~•ro-thirds (2/3) of the Lot 0-•rners vrithin the Subdivision.
9. Appointment of New Committee. A nevr member of the Archit~~tural
Control Committee may be appointed if approved by a majority of the existing
and duly appointed committee. The nevr member shall taf:e the place of and
have all the rights and pourers of the committee member replaced.
10. Hold Harmless Clause. Declarant is hereby held harmless and exempt
from any liability vrhatsoever that may come from any action that may be ta4:en
against Declarant pertaining to the above Articles of Declaration. The
Architectural Control Committee is held harmless from any errors or omissions
pertaining to its responsibilities as designated in these Articles of Declaration.
.,
' •
{~ IN WITN SS 4:H ERF.OF, the undersigned,
I;ereJl., hl. .s• he~•e~:ato set ii.s }•Iand and =e~1
~Q90.
The Westpark Company, Inc.
..1~ i, ,
re gory Jo son, President
STATE OF IDAHO )
ss.
County of Ada )
11Sfl0~~.~24
being the Declarant
Heidi ?1. Jq'hr}~son, Secretary
`, ~.
~` • ~ ~ }: ,
v . • pit` ~ .•,..'~: -
:: n .r^ '
d ' c 1' ~r`
S...~i..• '{
. _ .;1
••,
~!
On this ~••~;~!day of ,.-±~/:J-l..r°.~ 990, before me, the Lndersign
a Notary Public in and for said stat{.t',personally appeared GreQOry
B. Johnson and Heidi M. Johnson, known to me to be the President
and Secretary, The Westpark Company, Inc., that es:ecuted within
instrument and acknowledge to me that such corporation e::ec~.:ted
the same.
• . ' • IN~ WITN~SS: k'HEREOF, I have hereunto set my hand and seal
. ,.th~a,.,day and };ear:~in this Certificate first above writ*_en.
.`11 •
.~ _-
j ~' t' '-1 ~' Notary Pu-b-l/ic fo^ Idaho
"'' ~ "'' ~,~`•~ Residing at Boise, Idaho
';~ 1
. ""' ~ ~ Commission Expires ~-~'-y(.~
Ada Dourty, toaho ~
Rem ~ ~s~ of
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DATE ~ - a O .. ~~
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