Parker, TerryCITY OF MERIDIAN
33 E. IDAHO AVE.
MERIDIAN, IDAHO 83642
(RE:
NAME:
VARIANCE APPLICATION
Meridian Zoning Ordinance)
(Owner br holder of
e
OK
valid opt
on)
3~'~ ~ y3~ -waY~
PHONE ~ - ~ ~~
ADDRESS : ~~CL~~'~1,nCn~Cx rC'I C ~-
GENERAL LOCATION: E--r-~c~~ S oa~;~s
LEGAL DESCRIPTION OF PROPERTY : 1,~d't qC (3 ~. oc~ '~ ,d~ ~ N~ S ~b~ iv3to~
IN~ ~ G~cLO~~s.~ k~-e e~~~-: e:a\ D \~~ ~ •. ~E~ : ,r. ~ p c,~. ~ ~. CS~d~t
v.'r Q s tS S ~ °~'~ -4- ~ ~ g.°l ~[' t c~_ c c~ f (~! ~.d. c E1., ~.t ~ d.e~~e.
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed
or .option agreement must be .attached. __ __
PRESENT ZONE CLASSIFICATION
VICINITY SKETCH: A vicinity map at a scale approved by the City
showing property lines, streets existing and proposed zoning and
such other items as the City may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and
addresses within contiguoug to, directly across the street from,
and within a 300' radius of the parcel(s) proposed for a Variance
must be attached. (This information is available from the County
Assessor)'
DESCRIPTION OF PROPOSED VARIANCE : 1" tau t-~r~ Lf~ ~.:.~.~ c~~ Easy
~ ~
1
SIGNATURE: ~
CITY COUNCIL RECORDS
Date Received
City Council Hearing Date
e
Received By
APF'LIGATION ANU STANDARDS FOR VAfiIANCES
A variance from the terms of this Ordinance shall not be granted
by the Cauncii unless and until a written applicatiari Yor a
va-r~iar,ce is submitted to the Administ-ratar and the Council
containing, where applicable. (Application available from
Administrator):
3. Address of subject property;
~'. Narne, address ar,d pr,ane number of applicant;
:~. Names address and pr,ane number of owners of subject
pr~oper•ty ;
~. Praaf of ownership or• valid option an the pr•aper•ty or a
contract interest the-r•eiri with car~sent of the titled owner;
5. Legal description of subject property;
6. Present use of subject prraperty;
7. Wr,at is intended to be Bane an or witri the property;
8. The district that pertains to the subject p-rope-r•ty;
'9. Vicinity map at a scale approved by the Council showing
property lines. e:disting streets. pr•aposed district and such
other items as may be required;
10. Schematic building plans wr,icr, indicate typical elevation
and flao-r plan of any proposed construction;
il. A list of tr,e mailing addresses of all property owners tfrorn
authentic ta:. -reco-rds of Ada County) witr,iri three hundred ,
t 3~[ifD) feet of the e:~cternal boundaries of the land being
cansider•ed and a listing of the mailing addresses of all
property owners witr,in the area of the land being
considered;
1'. Char•acter•istics of subject praperrty which prevent compliance
witri the requir•emer,ts of this Or•dinar,ce;
i3. Minimum reyuiremer,ts of this Ordinance that need to be
•reduced to permit prapased use;
1~. Difficulty ar• ha-r•dship whicri would result if -requirements of
this Ordinance we-r•e applied to subject prroperty;
15. Unusual, o-r• peculiar circumstances which indicate that
regulations of this Ordinance should not be strictly
complied with;
16. Statement that special car,ditians and circumstances e.;ist.
which are peculiar to the 1and~ structure or buildings
involved ar:d wr,icr, ar•e not apF~licable to other lands,
structures ar~ buildings in the same district;
17. Statement that a literal iriterpr•etatian of the provisions of
this Ordinance shall deprive the applicant of rights
commonly enjoyed by other prape-rties ir, the same district
under te-r•ms of this Ur~dinance;
18. Statement that special conditions o-r ci•r~cumstances e:~~ist
that were not a result of the applicant's action;
19. Statement treat granting tr,e va-r•iance requested shall not
car~fe-r or, tree applicant any special privilege that is denied
by this Ordinance to athe-r lands. structures or buildings ir,
tree same district;
~Qi. fielatiansr,ip of the proposed variance to t},~. Meridian
Comprehensive Plan;
21. A fee established by the Council;
$:.'50.00 + $1.29 for each certified mailing to be sent =
Tc-tal Fee.
'2. The property will be pasted 1 week bef are hearing stating
they have applied far a Conditional Use Permit or Zoning.
Triere must be a signed affidavit treat this has been done as
part of the application.
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RE UIREMENT5: VARIANCE
Attach a site plan showing all details of the proposed
development. Complete the following questions and return with the
application.
1. What is intended to be done on or with the property?
~'1.c~.~ ~ ` ~'.~~,c-G_ ~o w'.'C1~:~ l o' off- s . ~~w o.~
L ~` ~~ ,t, ..,~ ~ }~ N: e ~~ b o rs c~r~ s ~ b a.: v ~~ ° ~ ~ ~.,c~
2. what special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or
buildings in the same district? Name
3. Why will a literal interpretation of the .provisions, of this
_.
_ ~._-crt~narice °
-deprive
you of rights
commonly en~Dyed. by ofher ;_
properties in the same district under the terms of this
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ordinance? o. F~ ~~ ~; ~ s-~.~- c
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J e ° f' ~'t Or °'~' r'^~j .~ o~.'` Z ~ n o.c_L @5 s ~b ~ ~ ~ os ~~"
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4. What special conditions or circumstances exist that were not
a result of your actions? ~~ S ~ ~~~•s c ot. ~~~~\o~•~ s ~~~
5. Why will the granting of this Variance not confer on you any
special privilege that is denied by this Ordinance to other
lands, structures, or building in the same district?
hie. F '~ ~~2. ~ .~ c~ rb ~ ~. a ~~. ,~ n m,eS cr\\ ~ci..J -~
" >`"`
SECTION 1: That Section 11-9-605 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 a licant desires to obtain a
variance rom a rov s ons o is ec ion - -
s a no a rea a as a var ante
~ursuan o t e rov s ons o - - or - - o
tie Rise an om i e r nances an a rote ure
or suc a var ante s a no a overne e
a orement oned two sections. here she 1 be a s ecia
rote ure or variances rom is ence or Hance
w ch s a a as o ows•
a. The owner or applicant shall file an application
for a fence variance with the Cit Clerk which
aQp tcat on s a state he o ow ng:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Name, address and phone number of owners of
the subject proper y;
4. Proof of ownership;
5. Legal description of subject property;
6. Present use of subject property;
7. Zoning of the subject property;
8. -Schematic drawing of the building and
proposed fence;
9. List of the mailin addresses of all
ro ert owners rom au en is tax recor s
o A a count wit in eet o the
ex erne oun arses o e an ein
cons ered,
10. Minimum requirements of this ordinance that
need to be re uce o permit a propose
fence;
11. An a lication fee established by resolution
e ounci
b. U on recei t of the fence variance a lication
die zon n a m n s ra or s a se a earin an see.
that no ice s may a irs c ass ma to a
owners o ro ert with n eet o e ra us o
he su sect ro ert which hear n sha a he 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 mai n o e
re u re notice. a notice o Baring oes not nee
~U UC ~uo~~snea ~n the o ~Cia newspaper.
c. The hearin established b this subsection shall
~e con ucte a ence variance commi ee w ~c
comm. ee s a a comer se o e ~ -
er an o n sneer e
ce a one ounc em er an one
ann n an onin em er. uorum o sai
commi tee s a e a m~n~mum o t ree mem ers o t o
commi ee.
-d• U on hearin- the re uest for the fence variance
e~ie Comm ee s a eat er a rove or en or a rove
wit con Mons a ap scat on or ence variance;
t at no wr t en in in s o act s a e re uire ut
a wri ten ec soon s a e wr ten o e ap scant
an to an arty reques ng written note ica ion o
e ec~sion ~ e Baring
e. APPEAL. An a rieved art ma a peal the
decision o e commi tee irec o t e sty ounci
ursuan o ec ion _
4
5
I
Y
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CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's ~ ~-~ 19
Order No. Date
Name /'/~ ~a /~c. c° r
Address
Phone:
SOLD BY
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All claims and returned goods MUST be aecompanled by ffiis bill..- TAX I
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PRINTED IN U.S.A.
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Title ,File No.: B92-12174 WARRANTY DEED
FOR VALUE RECEIVED
KEVIN A. HOWEI,i~ AND IRENE K. HOWELL HUSBAND AND WIFE DBA KEVIN
HOWELL, CONSTRUCTION
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto
TERRY I'. PARKER ANI) TONYA L. PARKER, HUSBAND AND WIFE
GRANTEE(S), whose current address is: 2400 W. RAI
the following described real property in
more particularly described as follows, to wit:
Loot 8 in Block 1 of ONE SUBDIVISION N0. 1,
thereof, filed in Book 59 of Plats at Payes
County, Idaho.
NWATER COURT, MERIDIAN, II) 83642
Ada County, State of Idaho,
according to the offirial plat
5698 and 5699, records of Ada
92127`i0
BOISE TITLE & ESCROW
J. DAVID NA'~'ARRO
RECORDER ~~~~~~~
~y
' 92 ~flfl 3 P(~ `i 03
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) islare the owner(s) in fee simple of said premises; that said premises are free from all
encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or
done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if
any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same
from all lawful claims whatsoever. '
March 3, 1992
Dated:
.eV1I1..A.:..H ..... ............................ aT~o~n`r
//
Ic a io Ada
STATE OF ...................... County of ......................., ss.
r<i March
On this ..........'1'992day of ...........................................
in the year of .........., before me, the undersigned, a Notary
I f r said State, personally appeared
~C`~~~n'A . a`A`uwe9.1
x
.. ..............:.~ ,,;.?~ :r..:.::.....................
kr~vn o- identified to-me to be the person ...... whose name
................ subscrltiedf'tgi~the within instrument, and
acknowledged tb•m~r ithat, ,....~.... execu t e same.
.. . r ~::...~......~ ..............
" Signature::.. . ' .... rn'
~~ ~f% L ~ ~' :' Pats Grahiim
-~ ,, ' ~ Name~~. .... ' ~ i~yoe or Df'n ....................
~` ~~siding''at:. Bo1s.e....09JI3I9T..........
...
'" My commission expires :...........................
~I Boise Title
ACKNOWLEDGEMENT -Attorney in Fact
..
......... , Coun[y o ...... .
STATEOP.••••`•~••• ~ /
c~/,X/~-: ......................
On this ........... day of ................. .
. j c ~ ;~' , . , , , .. ,before mc, the undersigned, a Notary
in the year of .
Public in and fot said! 'ta e, personally a geared . • ~•
• • • • • • ' ' ' ' • ~` ,. whose narrte(s) arclis subscr ed to
known or idcntifiFd to me'to~bc the person(s) • ' • . ' • . • • , • ,
the within instu(ment, as he attorney m a t of .. ~ • • e~,~~
j!~ ~ .
• • ' ' '' ' ' ' • ~ • ' r-"~ ~`/~~ij . • ovca~ ame as attorney in fact.
thereto as pttnc~Pal, and ~~_ i
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.: .
~~: ~~=z,~......, ..................
...~ f 7 ....
Name....... ...... .~l~rvrwPrio~)
• ~;
~t~ ....
.. ,/~ ~~'~ .. CH .......... .
...
Residing ac,:.
~~ ~~.~ ~/ ........ .......... 87 (q9D
My commission expires........ .
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 y~ 30 0' clock P . M. , on
~U-.Y1P ~ ioo~ far the purpesQ of ro: ie::i^ _^'~
=~ 11 1 ~
considering the Application of =~V(1 a~flfl ~C~'CCV ~ C ~L2r
for a variance from the,, Meridian Fence Ordinance at
the property legally described as follows: ~_C~~ >~ ~1~.
~jp~yS~ w\ S 1 O h ~~ ,
and known by the address c~+ ~-~~ r..d`Y\L~~Te'C ~~•
The Applicant proposes to 1 I1~1~2 ~Q, ~rC.1R~ ( ~ l~\1/~ ~1 8~
Sic~u.t~a~1s
The public is welcome. Testimony, objections, and comments
will be heard and considered by the Committee.
A written decision of the Committee will be issued to the
Applicant and any person requesting in writing a copy of the
decision will be furnished one.
',.
Any aggrieved party may appeal the decision of the Committee
directly to the Meridian City Council pursuant to Section 11-2-
416 G. 1.
DATED this ~~ day of 1•`a~ , 1993.
WAYNE S. FORREY, A I CP
"~ ~ ~_~ ~ PLANNING DIRECTOR
J t .~ ,__
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS COUNCILMEN
WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAl~T RROBERTGI SLERA
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO MAX YERRINGTON
ROBERT D. CORRIE
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning
KENNY BOWERS, Fire Chief
Phone (208) 888-4433 JIM JOHNSON
BILL GORDON, Police Chief
GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator
June 3 , 19 9 3 GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
rir. Terry Parker
Mrs. Tonya Parker
2400 Rainwater Ct.
Meridian, Idaho 83642
RE: Fence Variance Request
2400 Rainwater Ct.
Dear Pair . & A4rs . Parker
The Fence Variance Committee of the City of Meridian met in your
presence at 5:00 P.I~i. - June 1, 1993, in City Hall to consider this
request.
After consideration of ycaur request, the Committee decided to allova
construction of your 6 foot high fence in the `s'et back area along
N. j~laterfall Awe. as sho~m on the sketch you submitted, ~-aith the
application for variance, -in accordance with the following
conditions:
1. The face of the £en~e shal] be set ten (~0) feet from and
parallel to the 'existing back edge ,of side~;~alk, in 1 ine with
the fence of the house to the north Qnd at the same height.
2. The area between the fence and sidewalk ,shall be landscaped
and maintai°ned by you.
3. The board side of the fence shall face N. waterfall Avenue.
4. The City of Meridian has;rzo jurisdiction in the enforcement of
the provisions of your subdivisions Protective Covenants.
Since this is a variance to a provision of your covenants vae
suggest you contact your Homeo~-aners Association.
5. Please obtain a fence building permit from City Hall prior to
beginning construction.
Sinc rely,
Gary D. Smith, P.E.
Chairm n, Fence Committee
cc. File
City Cler}:
Bldg. Inspector
_J
DECLA~2A'~ION ~ ~ J 2 5 2 1
A D?', i ' ~ ~ '~'. I U. ~' 0 R ---.~~C~r'~- .
COVENANTS, CONDITIONS AND RESTRICTIONSr ~~,~n..,
F v tt .;ECG ; ~ ;~ ._ ~ -, ; . ,/ r! dC''D.~~D~~2.~
___ ~' `~~
~ of
ONE SUBDIVISION ,J J~
1 ~f 19 f'f~ 2 U3
THIS DECLARATION is m._ide eFf.«~,~tiv,~ on the ~~ daY
of 1991, by MAX A. BOESIGER, IA1C., and Idaho
corporation hereinafter referred to as "Declarant."
WF'~~REAS, Declarant is the owner of certain real property
in t'r«~ County of Ada, State of Idaho, hereinafter referred ~to
as *i]e "Property," more particularly describe:! as follows:
ONE Subdivision, Phase ', 1-..'ion of the SW 1/4
of the SE 1/4 of Section 2~;°Totan~~i`ip 3 N. , Range
1. W, of the Boise Meri.~~li ,-+n , ~" ~ t~.~ af. Pteridian, hda
County, Idaho according to tF~e official plat thereof
recorded as Instrument No . ~~/J o~'So~~ , records
of Ada County.
NOW, THEREFORE, Grantor hereby declares that the
Property and each Lot, parcel or portion thereof, is and/or
shall be held, sold, conveyed, encumbered, hypothecated, ,
leased, used, occupied and imr~, "d subject to the following
terms, covenants, condition-, -'.~~~~'-- ~~>> easements and
restrictions, all of which are declared and agreed to be in
furtherance of a general plan for the protection,
maintenance, subdivision, improvement and sale of the
Property, and to enhance the value, desirability and
attractiveness of the Property. The terms, covenants,
conditions, reservations, easements and restrictions set
forth herein shall run with the land constituting the
Property and with each estate therein and shall be binding
upon all persons having or acquiring any right, title or
interest in the Property or any Lot, parcel or portion
thereof; shall inure to the benefit of every Lot, parcel or
portion of the Property and interest therein, and shall inure
t.o the benefit of and be binding upon Grantor, its successors
in interest and each Grantee or Owner and his respective
successors in interest, and may be enforced by Grantor, by
any Owner or his successors in interest.
Notwithstanding the foregoing, r.. ;?rovision of this
Declaration shall be construed •~ _:/ent or limit
Grantor's right to complete development of the Property and
to construct improvements thereon, nor Grantor's right to
maintain model homes, construction, sales or leasing offices
or similar facilities on any portion of the Property, nor
Grantor's right to post signs incidental to construction,
sales or leasing.
AR`1'rGLE ~~xs~'ci >:
•• DEFINITIONS
1.1 "Articles" shall mean the Articles of Incorporation
of the Association.
1.2 "Assessments" shall mean those payments required of
Owners and Association Members including Regular. Special and
Limited Assessments of the Association as further defined in
this declaration.
1.3 "Association" shall°~~mean and refer to BOZO
Homeowners' Association, Inc., an Idaho non-profit
corporation, its successors and assigns.
1.4 "Association Rules" shall mean those rules and
regulations promulgated by the Association governing conduct
upon the use of the Property under the jurisdiction or
control of the Association. the imposition of fines and
forfeitures for violation of Association Rules and
Regulations, and procedural matters for use in the conduct of
business of the Association.
1.5 "Beneficiary" shall mean a
mortgage or beneficiary under a deed
may be, and/or the assignees of such
or holder. which mortgage or deed of
of real property on the Property.
1.6 "Broad" shall mean th^
governing board or individual, it ap
Association.
mortgagee under a
of trust. as the case
mortgagee, beneficiary
thrust encumbers parcels
of Directors or other
pli'cable. of the
1.7 "Building Lot" shall mean and refer to any plot of
land showing upon any recorded plat of the Property with the
exception of Common Area
1.8 "Bylaws" shall mean ,the bylaws of the Association.
1.9 "Committee" shall mean the Architectural Committee
described in Article VI herer~.
1.10 "Common Area" shall mean all real property
(including the improvements thereto) owned by the Association
for the common use and enjoyment of the Owners.
1.11 "Declaration" or "Supplemental Declaration" shall
refer to this declaration as..,~~reafter,.amended and
supplemented from time to time."
1.12 "Declarant" shall mean and refer to Max A.
Boesiger, Inc.. an Idaho corporation, and its successors and
assigns, if such successors and assigns should acquire more
than one (1) undeveloped Lot from the Declarant for the
purpose of development and as part of such conveyance, the
Declarant assigns and transfers to such transferee the
Declarant's rights with respect to such Lots.
1.13 "Grantor" shall mean and refer to the Declarant.
1.14 "Improvement" shall me~~~~ -~~~~ structure, facility
ONE SUBDIVISION DECLARATION - 2
. or system. or other improvement or object. whether permanent
nor temporary, which is erected. constructed or placed upon,
~_ under or in any portion of the Property; including, but not
limited to buildings, fences. streets. drives. driveways,
sidewalks, curbs, landscaping. signs, lights, mailboxes.
electrical lines, pipes, pumps, ditches, waterways. swimming
pools and other recreational facilities and fixtures of any
kind whatsoever.
1.15 "Lot" shall mean and r~~~.r t.o a Building Lot.
1.16 "Member" shall mean each person or entity holding
a membership in the Association.
1.17 "Mortgage" shall mean and refer to any mortgage or
deed to trust and "Mortgagee" shall, refer to the mortgagee,
or beneficiary under a deed of trust, and "Mortgagor" shall
refer to the mortgagor. or grantor of a deed of trust.
1.18 "Owner" shall mean and refer to the record Owner,
whether one or more persons or Antities, of a fee simple
title to any Lot which is a ". •~f t~+~: Properties. including
contract sellers, but exclud, gc~~,those having such interest
merely as security for the performance of an obligation.
1.19 "Plat" shall mean the recorded Plat of ONE
SUBDIVISION #1 and the recorded Plat of any other Properties
annexed hereto.
1.20 ""Properties" or "Property" shall mean and refer
to the real property hereinbefore described, and such
additions thereto as may hereafter be annexed and brought
within the coverage of this declaration as more particularly
provided for herein.
1.21 "Set Back" means the minimum distance established
by law between the dwelling unit or other structure referred
to and a given street. road or Lot line.
1.22 "Unit" shall mean one resj~ence which shall be
situated upon a Lot.
ARTICLE II
GENERAL COVENANTS. CONDITION'S AND RESTRICTIONS
~ ~ r: ~..i
2.1 Land Use and Building Type• No Lot shall be used
except for residential purposes', and no Lot or the Common
Area shall be used for the conduct of any trade or business
or professional activity. N~`,-.°'-thstanding the foregoing. the
Board may, in its discretir~?~ ~... ~ :apon ~:-~qunst by an Owner,
allow an Owner to conduct a "garage sale" upon such Owner's
Lot.
No improvements shall be erected, altered, placed or
permitted to remain on any Lot other than one designed to
accommodate no more than one (1} single-family residential
dwelling.
2.1.1 Size Limitations. Split level and two (2) story
Units shall have not less than 1400 square feet of
ONE SUBDIVISION DECLARATION - 3
interior floor area E alys.~ve f porches n~ garages.
All other units shall tte'w"e ~~~tot ~e~ss than 130
- square feet of interior floor area on the ground floor
of the main structure. exclusive of porches and garages.
2.1.2 Garaaes. Each Unit constructed with the Property
shall include at least a two (2) car, enclosed garage
which is an integral part of the Unit structure.
2.1.3 Roofina Material. The roof of each Unit may be
constructed of asphalt shingles, or such other material
as may be approved by the Architectural Committee in
writing.
2.2 Architectural Control. No improvements which will
be visible above the ground or which will ultimately affect
the visibility of any above ground improvement shall be
built, erected, placed or materially altered, including
without limitation, change of extf:: •° colors or materials,
on the Property, unless and i-^'• ' •. _:. ,.: building plans,
specifications, and plot plan hive"`fi~`en"°reviewed in advance
by the Architectural Committee and the same have been
approved by the Committee. The review and approval or
disapproval may be based upon the following factors: design
and style elements, mass and form. topography. setbacks,
exterior color and materials, physical or artistic conformity
to the terrain and the other improvements on the Property
which the Architectural Committee, in their reasonable
discretion, deems relevant. Said requirements as to the -
approval of the architectural design shall apply only to the
exterior appearance of the ~:r.~ +-^~ amen*-°. This Declaration is
not intended to serve as authority for the Architectural
Committee to control the interior layout of design of
buildings except to the extent incidentally necessitated by
use and size requirements.
2.3 Exterior Maintenance: Owner's Obligations. No
improvements, including mail boxes and landscaping, shall be
permitted to fall into disrepair, and each improvement shall
at all times be kept in good condition and repair. In the
event that any Owner shall permit any improvement, including
trees and landscaping, which is the responsibility of such
Owner to maintain, to fall into disrepair so as to create a
dangerous, unsafe, unsightly or unattractive condition. or
damage to Property or facilities on or adjoining their Lot
which would otherwise be the Associations' responsibility to
maintain. the Board, upon fifteen (15) days prior written
notice to the Owner of said Lot, shall have the right to
correct such condition. and to enter ~!pon such Owner's Lot
for the purpose of doing so, and ~-• ~~,aner shall promptly
reimburse the Association .Coi '~_~ cast thereof. Such cost
shall be a Limited Assessment and shall create a lien
enforceable in the same manner as other Assessments set forth
herein. The Owner of the offending Lot shall be personally
liable, and his Lot may be subject to a mechanic's lien for
all costs and expenses incurred by the Association in taking
such corrective action, plus all costs incurred in collecting
the amounts due. Each Owner shall pay all amounts due for
such work within ten (10) days after receipt of written
demand therefor, or the amounts may, at the option of the
ONE SUBDIVISION DECLARATIOP?
Board, be added to the amounts pay`~i~T-e `'by such. Owners as
Regular Assessments.
Each Owner shall have the remedial rights set forth
herein if the Association fails to exercise its rights within
a reasonable time following written notice.
In the event the improvements on any Lot shall suffer
damage or destruction from any cause, the Owner thereof shall
undertake the repair, restoration or reconstruction thereof
within ninety (90) days of sa.lrh damage car destruction. If
after ninety (90) days of the repair, restoration or
reconstruction of such damaged or destroyed improvements have
not taken place, the Association, upon fifteen (15) days
prior written notice to the Owner of such Property, shall
have the right to correct such condition, and to enter upon
Owners Lot for the purpose of doing so and such Owner shall
bear all costs incurred by the Association, a lien shall be
applied to the Lot.
2.4 Improvements Location. No improvements shall be
constructed in violation of set-back requirements established
by law, or by this Declaration as set forth on the recorded
plat of the Subdivision.
2.5 Nuisances. No noxious or offensive activity,
including without limitation, those creating an offensive
odor, shall be carried on upon any Lot or the Common Area nor
shall anything be done thereon which may be or may become an•
annoyance or nuisance to the neinr' ,. ~~rad.
~dY: vl
2.6 Temporary Structures. No improvements of a
temporary character, trailer. basement, tent, shack, garage,
barn or other outbuilding shall be placed or used on any Lot
at any time as a residence either temporarily or permanently.
2.7 Signs. No sign of any kind shall be displayed to
the public view on any Lot exd'e~t "one sigh of not more than
five (5) square feet advertising the Property for sale or
rent, or signs used by a builder or the Declarant to
advertise the Property during the construction and sales
period.
2.8 Oil and Mining Operations. No oil drilling, oil
development operations, oil refining, quarrying or mining
operation of any kind shall be permitted upon the Property,
nor shall oil wells, tanks, tunnels, mineral excavations or
shafts be permitted upon the Pr.bperty. No derrick or other
structure designed for use -i,.n~-~~b~ring f:or oil or natural gas
shall be erected, maintained or permitted upon the Property.
2.9 Livestock and Poultry. No animals, livestock, or
poultry of any kind shall be raised, bred or kept on any Lot,
except that dogs, cats or other household pets may be kept
provided that the are not kept, bred, or maintained for any
commercial purpose and provided that the keeper of such pets
complies with all city, and county laws, rules and
regulations. No dog runs or kennels shall be permitted to be
kept or placed within five (5) feet of a set-back line where
applicable. Dog runs or kennels shall only be permitted to
be placed and maintained to the r. ,' dwellings and in no
ONE SUBDIVISION DECLARATIO27 -
.event shall such structure be visible from a street. All
such kennels or facilities shall comply with all applicable
laws and rules.
2.10 Garbaae and Refuse Disposal. No rubbish. trash.
garbage refuse or debris shall be placed or allowed to
remain on the Property except trash kept and maintained with
the interior of a Unit in sanitary containers. All such
material shall only be kept in sanitary containers. All
equipment for the storage or dispc^~" -,f such material shall
be kept in a clean. neat a. cT ~:.~';.uL;- "condition.
.~ , bit ~•: G
2.11 Water Supply. No individual domestic water supply
system shall be permitted on any Lot.
2.12 Sewaae Disposal. No individual sewage disposal
system shall be permitted on any Lot. All Lots shall be
subject to the following sewer requirements of the City of
Meridian:
2.12.1 A monthly sewer charge must be paid after
connecting to the City of teridian public sewer system,
according to the ordin~r~ ~ ~• ~~ ~.nd ' ~~~>rs of the City.
2.12.2 Each Owner shall submit to inspection by the
Department of Public Works. the Department of Building.
or other Department whenever a subdivided Lot is to be
connected to the sewage system constructed and installed
on and within its Property.
2.12.3 The applicant/Owner of this subdivision. or Lot
or Lots therein. shall and hereby does vest in the City
of Meridian the right and power to bring all actions
against the Owner of the premises hereby conveyed or
part thereof for the collection of any charges herein
stated.
2.13 Siaht Distance at Intersections. No fence, wall.
hedge or shrub planting which obstructs sight lines at
elevations between two (2) and six (6) feet above the
roadway shall be placed or permittA~ "o remain on any corner
Lot within the triangular area F,~~.~ ~ :::y the street Property
lines and a line connecting them at points (30) feet from the
intersection of the street lines. or in the case of a rounded
Property corner from the intersection of the street Property
lines extended. The same sight-line limitation shall apply
on any Lot within ten (10) feet from the intersection of a
street property line with the edge of"driveway or alley
pavement.. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of
such sight lines.
2.14 Declarant's Righ:.. ,~Clar~iti~ reserves the right
to construct residences and other improvements upon any Lot
and to offer the same with completed structures thereon for
sale to individual Owners.
2.15 Boats. Campers. and- Other Vehicles. No boats.
trailers. tractors. recreational vehicles. (i.e.. any
trailers. campers. motorhomes, automobile campers or similar
vehicle or equipment) dilapidated. unrepaired or unsightly
ONE SUBDIVISION DECLARATION - 6
•vehicles, or similar equipm~nr., rnntorcyt~les, snowmobiles,
trucks (working or non-working}=greater than three-quarter
(3/4 ) of a ton in size shalla~~'e~Tarl~"o~` `as a matter of
practice be parked or stored on ar~y portion of the Property
(including streets and driveways} unless enclosed by a
structure or screened from view in a manner approved, in
writing, by the Architectural Committee.
Notwithstanding the foregoing, any boat, camper trailer
or recreational vehicle which is in good repair and working
order which does not exceed the following dimensions may be
stored on the side yard of Lot between front and rear yard
set-backs if screened by a six foot (6') fence: eight (8)
feet wide, twenty-seven (27) feet long and ten (10) feet
high. Provided, however, such storage may not be located
adjacent to the street on a corner Lot.
2.16 Bathrooms. All bathrooms, sink and toilet
facilities shall be inside residence h~iildings and shall be
connected by underground pipes di r._ ~ '~.' ~,,- with the sewer
system.
~. . `.ocr
2.17 Antennae. No television antennae, satellite
receivers, or radio aerials shall be installed on the
Property, other than within the interior of a Unit.
2.18 Hazardous Activities. No activity shall be
conducted on or in any Unit, Lot or Common Area which 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 ^•-~perty; no open fires shall
be lighted or permitted on ~:. ~ •. • per'-_• r_;;cept in a self-
contained barbecue unit while attended and in use for cooking
purposes, or with a safe and well-designed interior
fireplace, (except such picnic fires in portions of said
common Areas designed for such use or) except such controlled
and attended fires required for clearing or maintenance of
land.
,,~ ~~ ,
2.19 Unsightly Articles. No unsightly articles shall
be permitted to remain on any Lot or Common Area as to be
visible from any other portion of the Property. Without
limiting the foregoing, no clothing or household fabrics
shall be hung, dried or aired in, such a way as to be visible
from any other portion of the Property. No lumber, grass,
shrub or tree clippings or plant waste, compost piles,
metals, building or other materials or scrape or other
similar material or articles shall be kept, stored or allowed
to accumulate on any portion of the Property except within an
enclosed structure or appropriatel~;•,.~~reened from view as
approved, in writing, by the Ar,~~, :..oral Committee.
"Screened" is define as being concealed or made non-visible
from eye level, at grade, at all points with the Property.
2.20 Light. Sound - General. No light shall be emitted
from any Lot or from Common Area which light is unreasonably
bright or causes unreasonable glare. No sound shall be
emitted from any Lot or Common Area which is unreasonably
loud or annoying, and no odors shall be emitted on any
property which are noxious or offensive to others.
ONE SUBDIVISION DECLARATION
2.21 Construction. DuxirZy ~~..he course of actual
construction of any permanent s~rb'~'~i'~'~lts, the restrictions
contained in this Declaration and ariy supplemental
declarations shall be deemed waived to the extent necessary
to permit such construction, provided that during the course
of such construction nothing shall be done which will result
in a violation of these restrictions upon completion of
construction and all construction shall be diligently
prosecuted to completion, continuously and without delays.
2.22 Re-Construction. ?r any case where it is
necessary to reconstruct a '.'~~ ' " ~: ar..;• `.r.:pr. ovement in the
Common Area, said re-construr~t~~;on sha,l~,b~, prosecuted
diligently, continuously and without delays from time of
commencing thereof until such structure is fully completed
and painted, useless prevented by causes beyond control and
only for such time that such causes continue.
2.23 Maintenance and Repair. In the event the
improvements on any Lot shall suffer damage or destruction
from any cause, the Owner thereof shall undertake the repair,
restoration and reconstruction thereof within ninety (90)
days of such damage or destruction.
2.24 Fences. All fences shall be of vertical cedar
design and construction. No chain-link fences, grape stake
fences or fences of basket-weave design shall be allowed.
Side fences on corner lots may extend only from the rear Lot
line to rear line of the residence.
2.25 Plat Conditions. A]' ,:.7ts, conditions and
restrictions and other matt~:rs set forth on all Plats are
hereby incorporated by reference and notice is hereby given
to the same.
2.26 Front and Side Yards. The front yard of each Lot
and the side yard of any Lot which is adjacent to a street
must be planted with sod with.n~twenty-one (21) days of
substantial completion, or occupancy, whichever shall first
occur, or as soon thereafter as the weather permits. All
remaining portions of the yard area of each Lot must be
planted with sod, seeded and.' 'andscaped, within six (6)
months of occupancy of the ;. ... ~. The .~.:~i:~ure of the Owner to
timely comply with this paragraph shall constitute a failure
to perform exterior maintenance and the Association and/or
the Grantor shall have all rights and remedies provided in
Section 2.3, or any other provision of this Declaration.
2.27 No Dumping. No excavation material, grass or yard
clippings, rubbish, trash, garbage, refuse or debris shall be
placed or allowed to remain on any vacant or unimproved Lot,
without the prior written Approval of the Declarant or the
Architectural Committee. The Owner of any Lot who dumps such
material shall be liable for the cleanup and/or removal
costs.
ONE SUBDIVISION DECLARATIQT~ --
ARTICLE III
PROPERTY RIGHTS
3.1 Owner's Easements of Eniovment. Every Owner shall
have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions.
3.1.1. The Association has thA~ , - ~lt?t to suspend the
voting rights of an OS•t.^u~."" ^: ~ .~•..~~ period during which
any assessment against ~~~,~~.~.~ot,.,,remains unpaid.
3.1.2 The right of the Association to dedicate or
transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed on by
the members. Such dedication or transfer shall be
effective upon the recording of an appropriate
instrument executed by the President and Secretary of
the Association and upon which said officers affirm that
the transfer or dedicat.° ^t-! vas ap;~roved by the Owners of
a majority of the Lots,,_~a~~,_,Qy
3.2 Delectation of Use. Any Owner may delegate, in
accordance with the Bylaws, his right of enjoyment to the
Common Area and facilities to the members of his family,
guests. tenants or contract purchasers who reside on the
property.
3.3 Damages. Each Owner shall be liable for any damage
to such Common Areas or other property owned or maintained by
the Association which may be sustained by reason of the
negligence or willful misconduct of said Owner or of his
family and guests, tenants or contract purchasers, both minor
and adult. In the case of joint ownership of a Lot, the
liability of such Owners shall be joint and several. The
cost of correcting such damage shall be charged as a limited
assessment against the Owner and his Lot and may be collected
as provided herein for the collection of other assessments.
w ~. r- ~ _.
CRYSTAL SPRINGS HOMEOWNERS' ASSOCIATION
4.1 Organization of Association. The Crystal Springs
Homeowners Association ("Association") is an Idaho
Corporation formed under the provisions of the Idaho Non-
Profit Corporations Act and shall be charged with the duties
and invested with the powers prescribed by law and set forth
in the Articles, Bylaws and this Declaration. Neither the
Articles nor the Bylaws shall.; °or any reason, be amended or
otherwise changed or interp~;~ '...~~ o a~ to be inconsistent
with this Declaration.
4.2 Membership. Each Owner of a Lot subject to this
Declaration (including the Declarant) by virtue of being such
an Owner and for so long as such ownership is maintained.
shall be a Member of the Association, and no Owner shall have
more than one membership in the Association, except as
hereinafter set forth with respect to voting. Memberships in
ONE SUBDIVISION DECLARATION - 9
4.3 Voting. The Association will have two (2) classes
of voting memberships.
4.3.1 Class A. Class A members shall be the Owners,
with the exception of the Declarant, and shall be
entitled to one (1) vote for each Lot owned. When more
than one person holds an interest in any Lot, all such
persons shall be members. The vote for such Lot shall
be exercised as they determine, but in no event shall
more than one ( 1 ) vote be cas ~~ rrit.t~ respect to any Lot.
4.3.2 Class B. The Clas B m~"~i~13~`~f`''shall be the
Declarant. Upon the record~inq hereof, Declarant shall
be entitled to three (3) votes for each Lot of which
Declarant is the Owner. The class B membership shall
cease and be converted to Class A membership on January
1, 2000, or when the Declarant no longer owns any Lots
within the property subject to the Declaration,
whichever event shall first occur.
4.4 Board of Directors and Officers. The affairs of the
Association shall be conducts ~'.~ '~~~ a Bor,r..d of Directors and
such officers as the Directors:;r~ay elect or appoint, in
accordance with the Articles, Bylaws, and this Declaration as
the same may be amended and supplemented from time to time.
4.5 Powers and Duties of the Association.
4.5.1 Powers. The Association shall have all the
powers of a non-profit corporation organized under the
general non-profit corporation laws of the State of
Idaho subject only to such limitations upon the exercise
of such powers as are expressly set forth in the
Articles, 'the Bylaws and this Declaration. It shall
have the power to do any and all lawful things which may
be authorized, required or permitted to be done by the
Association under this Declaration. the Articles and the
Bylaws, and to do and perform any and all acts which may
be necessary or proper for, or incidental to the proper
management and operation of the Common Area and the
performance of the other re;..- - ~'~ ~.lities herein
assigned, including witii~.:~. ~l~nitation.
4.5.1.1 Assessments. The power to levy assessments
(Annual, Special and Limited) on the Owners of Lots
and to force payment of such assessments, all in
accordance with the provisions of this Declaration.
4.5.1.2 Right of Enforcement. The power and
authority from time ~o time in its own name, on its
ONE SUBDIVISION DECLARATION -~ _.~:
. v ~,.
own behalf or on behaif;o~"'any Owner or Owners who
• consent thereto; to °comm'c-rice"and maintain actions
and suits to restrain and enjoin any breach or
threatened breach of this Declaration of the
Articles or the Bylaws. including the Association
rules adopted pursuant to this Declaration. and to
enforce by mandatory injunction or otherwise. all
provisions hereof.
4.5.1.3 Delegation of Powers. The authority to
delegate its power anal duties to committees.
officers. employe~-.~~, n1- to any person. firm or
corporation to act as manager. Neither the
Association nor the members of its Board shall be
liable for any omission or improper exercise by the
manager of any such duty or power to delegated.
4.5.1.4 Association Rules. The power to adopt.
amend and repeal by majority vote of the Board such
rules. and regulations as the Association deems
reasonable and which are consistent with this
Declaration (the Association Rules). The
Association rules shall govern the use of the
Common Area by the Owners. families of the Owners.
or by an invitee. licensee. lessee or contract
purchaser of any Owner; provided, however. that the
Association rules may not discriminate among Owners
and shall not be inconsistent with this Declaration
the Articles or Bylaws. A copy of the Association
rules as they may from t.'~- to time. be adopted, -
amended or repealed. ~'~~ ''. 3~~ mailed or otherwise
delivered to each Owner. Upon such mailing or
delivery and posting. said Association rules shall
have the same force and effect as if they where set
forth in and are a part of this Declaration. In
the event of any conflict between such Association
rules shall be superseded by the provisions of this
Declaration. the Arta,Clea-or the Bylaws to the
extent of any such inconsistency.
4.5.1.5 Emergency Powers. The Association or any
person authorized ?•:•y tz~e Association may .enter upon
any Lot in the everi~: of any emergency involving
illness or potential danger to life or property or
when necessary in connection with any maintenance
or construction for which it is responsible. Such
entry shall be made with as little inconvenience to
the Owners as practicable and any damage caused
thereby shall be repaired b,y ,the Association.
4.5.1.6 Licenses.-Easements and Rights-of-Way.
The power to grant and convey to any third party
such licenses. easements and rights-of-way in. on
or under the Common Area as may be necessary or
appropriate for the orderly maintenance,
preservation and enjoyment of the Common Area and
for the preservation of the health, safety.
convenience and welfare of the Owners. for the
purpose of constructing. erecting. operating or
maintaining:
ONE SUBDIVISION DECLARATION - 11
4.5.1.6.1 Underground lines. cables. wires.
conduits and other devices for the transmission
of electricity for lighting. heating. power.
telephone and other purposes;
4.5.1.6.2 Public sewers. storm drains. water
drains and pipes. water systems, sprinkling
systems. water. heating and gas lines or
pipes; and
4.5.1.6. 3 A.r:,~ ~~^'. ~:r ~= ~.~ public or quasi-public
improvements or fac'I~t~s.
The right to grant such licenses. easements and
rights-of-way are hereby expressly reserved to the
Association and may be granted at any time prior to
twenty-one (21)-years after the death of the individuals
executing this declaration, on behalf of the Declarant.
and their issue who are in being as of the date hereof.
4.5.2' Duties of the Association. In addition to
power delegated to it by the ~.~°*.i.rles. •~ri.*_hout limiting the
generality thereof. the Assac~.tion or its agents. if any.
shall have the obligation to ''conduct all business affairs of
common interest to all Owners. and to perform each of the
following duties:
4.5.2.1 Operation and Maintenance of Common Area.
Operate. maintain and otherwise manage or provide
for the operation. maintenance and management of
the Common Area including the repair and
replacement of property damaged or destroyed by
casualty loss and other property acquired by the
Association.
4.5.2.2 Maintenance and manaaement of Site
Retention Ponds. Provide the management for proper
operation and maintenance of the storm drain
retention ponds. Along the nine-mile drain ditch.
including weed control and maintenance of any pipe
outside the jurisdiction cif the Ada County Highway
District's maintenance r; _ :yes.
4.5.2.3 Taxes and Assessments. Pay all real and
personal property taxes and assessments separately
levied against the Common Area owned and managed by
the Association or against the Association and/or
any property owned by the Association. Such taxes
and assessments may be;_contested or compromised by
the Association; provided, however that they
are paid or a bond insuring payment is posted prior
to the sale or the disposition of any property to
satisfy the payment 1 such taxes. In addition.
the Association sli~~..1: p~-y aii other taxes. federal.
state to local. including income to corporate
taxes. levied against the Association in the event
that the Association is denied the status of a tax
exempt corporation.
ONE SUBDIVISION DECLARATION - 12
4.5.2.4 Water and Other Utilities. Acquire,
provide and/or pay for water, sewer, garbage
disposal, refuse and rubbish collection.
electrical, teleph°ti`h~'~~nd ga`s and other necessary
services for the Common Area and the property owned
or managed by it.
4.5.2.5 Insurance. Obtain from reputable
insurance companies authorized to do business in
the State of Idaho and maintain in effect the
following policies of insurance.
4.5.2.5.1 Comprehensive public liability
insurance insuring the Board, the
Association, the Declarant and the individual
Owners and agents and employees of each of
the foregoing against any liability incident
to the ownership and/or use of the Common
Area or their property owned or managed by
it. Limits of liability of such coverage
shall be as follows: not less than Five
Hundred Thousand 1'~n11--.rs ($500,000) per
person and ri :*,~. ~ :r:ured Thousand Dollars
($500,000),per occ~urr~nce with respect to
personal injury or death, and property
damage.
4.5.2.5.2 Full coverage directors and
officers liability insurance with a limit of
Two Hundred Fifty Thousand Dollars
($250,000), if the Board so elects.
4.5.2.5.3 Such other insurance including
Workmen's Cmm~:~*nration insurance to the
extent necessary to comply with all
applicable laws and indemnity, faithful
performance, fidelity and other bonds as the
Board shall deem necessary or required to
carry out the Association functions or to
insure the Association against any loss from
malfeasance or.~d.ishonesty of any employee or
their person charged with the management or
possession of any Association funds or other
property.
4.5.2.5.4 The Association shall be deemed
trustee of the interests of all Members of
the Association in any insurance proceeds
paid to it under such policies, and shall
have full power to receive their interests in
such proceeds and to deal therewith.
4.5.2.5. 5 Insura:r.~-~ •~-•~ emiums for the above
insurance cove:caye: shall be deemed a common
expense to be included in the annual
assessments levied by the Association.
4.5.2.5.6 Notwithstanding any other
provision herein, the Association shall
continuously maintain in effect such other
additional casualty. flood and liability
ONE SUBDIVISION DECLARATION - ]~
insurance as the 1'.c~ard deems necessary or
~~ appropriate.
4.5.2.6 Rule Making. Make, establish, promulgate,
amend and repeal the Association rules.
4.5.2.7 Architectual Committee. Appoint and
remove members of the Committee, all subject to the
provisions of this Declaration.
4.5.2.8 Drainage Systems. Operate. maintain,
repair and replace:. ~.?], drainage systems located
within the Property and shown on the Plat which are
not maintained by pub~.c authorities.
4.5.2.9 Right-Of-Way Maintenance. Maintain,
repair and replace the landscaped berm, including
the sprinkler system installed thereon, and the
fence located on Cherry Lane or any other public
right-of-way adjacent to the Property and such
other landscaping located within public right-of-
way as the Board deems necessary to appropriate.
4.5.2.10 Irrigation Maintenance. Maintain. repair
replace all irrigation lines or channels located on
or serving this subdivision, and to pay all
maintenance and construction fees of any Irrigation
District with respect to the Property, which
amounts shall be assessed against each Lot as
provided herein.
4.5.2.11 Street Lights. Maintain, repair and
replace street lights"within the Property to the
extent such street lights are not operated,
maintained, repaired and replaced by the Highway
District or other governmental entity, which has
jurisdiction of such matters.
4.5.2.12 Subdivision Approval Responsibilities.
Perform all continuing duties and responsibilities
imposed upon the Grantor pursuant to any
governmental appro~~~:~_:; .relating to the Property
including, without 1~r~iitatic;n, those set forth in
the preliminary plat approval for the Subdivision.
4.6 Personal Liability. No member of the Board or
any committee of the Association or the Architectural
Committee or any officer of the Association, or the
Declarant, or the manager. if any, shall be personally liable
to any Owner, or any other party, including the Association,
for any damage, loss or prejudice suffered or claimed on the
account of any act. omission, error or negligence of the
Association, the Board, the manager, if any, or any other
representative or employee of the Association, the Declarant
or the Architectural Committee, any other committee or any
officer of the Association, or the Declarant, provided that
such person has, upon the basis of such information as may be
possessed by him. acted in good faith without willful or
intentional misconduct.
ONE SUBDIVISION DECLARATIOP? ~- G
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
5.1 Creation of the Lien and Personal Obligation of
Assessments. Each Owner of any Lot. by acceptance of a deed
therefor. whether or not it shall be so expressed in such
deed. is deemed to covenant and agree to pay the Association;
5.1.1 Annual regular assessments or charges.
5.1.2 Special assessments for capital
improvements. such asse^~mF:ntC to be established
and collected as Y,ereinaf~:er provided; and
.:~ ~~
5.1.3 Limited assessments as hereinafter provided.
The Regular. Special and Limited assessment s together
with interest. costs and reasonable attorneys' fees. 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 interest, costs and reasonable
attorney' fees shall also be the personal obligation of the
person who was the Owner of sl?r:'1 property at the time when
the assessment fell due. T":^ ~' '-.ronai. obligation for
delinquent assessments shall,not,pass to his successors in
title unless expressly assumed by them.
5.2 Purpose of Assessments.
5.2.1 Regular Assessments. The regular
assessments levied by the Association shall be used
exclusively to promote the recreation. health
safety and welfare of the residents in the
Properties and for the improvement and maintenance
of the Common Area. to pay property taxes and other
assessments. to pay the annual assessments of any
irrigation district and to pay such other
reasonable costs and expenses which are incurred by
the Association in carrying out the duties. and
business of the Association.
5.2.2 Special Assessments for Capital Improvement.
In addition to the annual regular assessments
authorized above. the 1~~~ ~ -~ .aLion may levy. in any
assessment year. a special assessment applicable to
that year only for the purpose of defraying. in
whole or in part. costs and expenses of the
Association which exceed the regular assessments or
the costs and expenses of any construction.
reconstruction. repair or replacement of a capital
improvement upon the.;~~ommon-Area. including
fixtures and personal property related thereto.
provided that any such assessment shall be approved
by a two-thirds (2/3) vote of each class of members
who are voting in ner~on or by proxy at a meeting
duly called for t'rYis purpose. Additionally, upon
the sale of each Lot by Grantor. the purchaser
shall pay a one-time special assessment of Thirty
and no/100 Dollars ($30.00) per Lot. Such special
assessment shall be paid on or before the date of
recordation of the deed from Grantor to the
purchaser. Grantor. as agent for the Association,
ONE SUBDIVISION DECLARATION - 15
shall be entitled to collect this one-time special
assessment at the closing of the Lot sale. This
one-time special assessment shall be used to defray
organizational cost ~or the Association and general
costs of operation:~~
5.2.3 Limited Assessments. The limited
assessments may be levied against any owner in an
amount equal to he costs and expenses incurred by
the Association, including legal fees for
corrective action necessitated by such Owner,
without limitation, costs and expenses incurred for
the repair and replacement of the Common Area or
other property owned or maintained by the
Association. damaged by negligent or willful acts
of any Owner or occupant of a Lot who is occupying
the Lot with the consent of such Owner, or for
maintenance of landscaping performed by the
Association which has not been performed by Owner
as provided herein.
5.2.4 Special A_sspG^~^~-~~~;: ~~ar Irrigation System.
Declarant shall, within twelve (12) ~oriths of the recording
of this declaration, complete installation of dry lines
throughout the Project to serve as a water delivery system
for pressurized irrigation systems for ultimate delivery of
irrigation water to each Lot. Upon the completion of the
installation of said dry lines by Declarant and upon that
adoption by the City of Meridian of standards and .
specifications for pressurized irrigation systems in
residential subdivisions, an appropriate diversion, pump and
such other equipment or improvements as are in accordance
with that standards and sper.n:~~?c~tions adopted by the City Of
Meridian shall be constructed, installed and completed by the
Association. The Association shall levy, by action of its
Board of Directors, a Special Assessment for Irrigation
System, in a total amount adequate to pay for such equipment,
improvements and construction. Each Lot in the Project shall
pay an equal portion of that assessment.
5.3 Maximum Annual Regular Assessment. The initial
maximum annual regular assessment to be assessed by the
Association, shall be Thirty and No/100 Dollars ($30.00) per
Lot per year.
5.3.1 The maximum annual assessment may be
increased by the Board each year by not more than
ten percent (10°s) above the maximum assessment for
the previous year without a vote of the membership
of the Association as provided below.
5.3.2 The maximum anna~.:~°:~ - ~s;r,ssment may be
increased above i;en percent (10%) by a two-thirds
(2/3) vote each class of the members who are voting
in person or by proxy, at a meeting duly called for
this purpose.
5.3.3 The Board of Directors of the Association
may fix the amount of the annual assessment at an
ONE SUBDIVISION DECLARATION - 16
amount not in excess of the maximum as established
from time to time.
5.3.4 The total annual regular assessment. levied
against the Lots owned by the Declarant shall be
the lessor of (a) the amount of the regular
assessment per Lot multiplied by the number of lots
owned by the Declarant or (b) the difference
between the total annual assessment levied against
lots owned by the other parties. other than the
Declarant. and the reasonable expenditure of the
Association for the purposes described in Section
5.2.1 for the fiscal year.
5.4 Notice and uorum for~~a~,Ac'tion Authorized Under
Sections 5.2.2 and 5.3. Written notice of any meeting called
for the purpose of taking any action authorized under
Sections 5.3 and 5.4 shall be sent to all members not less
than ten days (10) nor more than fifty (50) days in advance
of the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast sixty
percent (60°s) of all the votes of each class of membership
shall constitute a quorum. If the required quorum is not
present. another meeting may be called subject to the same
notice requirement. and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
5.5 Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all
Lots and may be collected on an ar.^~~-~ or other basis as
determined by the Association ~~~~r~ rime to time.
5.6 Date of Commencement of Annual Assessments - Due
Dates. The annual regular assessments or any special
assessments then in effect as provided for herein shall
commence as to a Lot or Lots on the first day of the first
year following the conveyance o.f the Lot or Lots from
Declarant to an Owner or Owners. The Board off Directors
shall fix the amount of the annual assessment against each
Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment
shall be sent to every Owner .. ,Pct thereto. The due dates
shall be established by the Board of Directors. The
Association shall. upon demand. and for a reasonable charge.
furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have
been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is
binding upon the Association. as of the date of its issuance.
5.7 Effect of Non-payment of Assessments - Remedies of
the Association. Any assessment not paid within thirty (30)
days after the due date shall bear interest from the due date
on a rate of twenty-one percent (21%) per annum or at the
highest rate allowed by law if such rate is less than 21°s.
The Association may bring an action at law against the Owner
personally obligated to pay the same. or foreclosure the lien
against the property. No Owner may waive or otherwise escape
ONE SUBDIVISION DECLARATION - 17
liability for the assessments provided for herein by non-use
~~of the Common Area or abandonment of his Lot.
5.8 Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. Sale or transfer of any
Lot shall not affect the assessment lien. However, the sale
or transfer of any Lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payment which become due prior to such
sale or transfer but shall not extir~~_iish personal liability.
No sale or transfer but shall rAl i..r~~,•r t;uch Lot from liability
for any assessments thereafter be,~oming due or from the lien
thereof. .,
ARTICLE VI
ARCHITECTURAL COMMITTEE
6.1 Members of the Committee. The Architectural
Committee for the Property, sometimes referred to as the
"Committee", shall consist of three (3) members. The
following persons are hereby ~l~:signed by Declarant as the
initial members of the Comm.i~LL"_::: f_or j~he Property:
:~ ~ ... .
Name
Max A Boesiger, Jr
.Address
1399 East Monterey Drive
Boise. Idaho 83706
Richard D. Boesiger
John W. Holland
131 Williams
Boise, Idaho 83706
4720 West Emerald Street
Boise, Idaho 83706
Each of said persons shall hold office until such time as he
has resigned or has been removed or his successor has been
appointed, as provided herein. Members of the Committee may
be removed at any time without cause.
6.2 Right of Appointment and Removal. At any time,
Grantor is the Owner of at least cr..<~~ ;1) of the Lots, Grantor
shall have the right to app~ir,± t ~:~~~: iernove all members of the
Committee. Thereafter, the Board of Directors of the
Association shall have the power to appoint and remove all
members of the Committee. Members of the Committee may be
removed at any time, without cause..
6.3 Review of Proposed Construction. The Committee
shall consider and act upon any and all proposals of plans
and specifications submitted for its approval pursuant to
this Declaration. and perform such other duties as from time
to time shall be assigned to it by the Board of the
Association, including the ~.r.n;~^.~~tion of construction in
progress to assure its conformance with plans approved by the
Committee. The Board shall have the power to determine, by
rule or their written designation consistent with this
Declaration, which types of improvements shall be submitted
to the Committee to review and approval. The Committee shall
ONE SUBDIVISION DECLARATION - 18
approve proposals or plans and specifications submitted for
,its approval only if it deems that the construction,
alterations or additions contensplated thereby in the
locations indicated will not be detrimental to the appearance
of any structure affected thereby will be in harmony with the
surrounding structures, and that the upkeep and maintenance
thereof will not become a burden on the Association.
6.3.1 Conditions on Approval. The Committee may
condition its approval of proposals or plans and
specifications upon such changes therein as it deems
appropriate, or upon the agreement of the Owner
submitting the same ("Applicant") to grant appropriate
easements to an Association for the maintenance thereof,
upon the agreement of the Applicant to reimburse the
Association for the cost of maintenance, or upon all
three, any may require submission of additional plans
and specifications or other information before approving
or disapproving material submitted.
6.3.2 Committee Rules and F,~__~.~.~ The Committee also may
establish, from time to time, rules and/or guidelines
setting forth procedures for the required content of the
applications and plans submitted for approval. Such
rules may require a fee to accompany each application
for approval, or additional factors which it will take
into consideration in reviewing submissions. The
Committee shall determine the amount of such fee in a
reasonable manner, provided that in no event shall such•
fee exceed One Hundred Dollars ($100.00) Such fees
shall be used to defray the costs and expenses of the
Committee or for such othF~r purposes as established by
the Board.
Such rules and guidelines may establish, without
limitation, procedures, specific rules and regulations
regarding design and style elements, landscaping and
fences and other structures such as animal enclosures as
well as special architectural guidelines applicable to
Building Lots located adjacent to public and/or private
open space.
6.3.3 Detailed Plans. The Committee may require such
detail in plans and specifications submitted for its
review as it deems proper, including, without
limitation, floor plans, landscape plans, drainage
plans, elevation drawings and descriptions or samples of
exterior material colors. Until receipt by the
Committee of any required plans and specifications, the
Committee may postpone review of any plan submitted for
approval.
6.3.4 Committee Decisions. Decisions of the Committee
and the reasons therefor shall be transmitted by the
Committee to the Applicant at the address set forth in
the application for approval within seven (7) days after
filing all materials required by the Committee. Any
materials submitted pursuant to this Article shall be
deemed approved unless written disapproval by the
ONE SUBDIVISION DECLARATION - 19
Committee shall have been mai.le~! to the Applicant within
seven (7) days after the date of the filing of said
materials with the Committ.e~. fie said seven (7) day
period shall only commence to run when an authorized
representative of the Committee has executed an
application form acknowledging acceptance of such
application and acknowledging that such application is
complete.
6.4 Meetinas of the Committee. The Committee shall
meet from time to time as necessary to perform its duties
hereunder. The Committee may from time to time by resolution
unanimously adopted in writi;~r~, ~:~sigr.ate a Committee
Representative (who may, but'`nat`need be on of its members)
to take any action or perform any duties for and on behalf of
the Committee, except the granting of variances pursuant to
section 6.9. In the absence of such designation, the vote of
any two (2) members of the Committee, or the written consent
of any two (2) members of the Committee taken without a
meeting, shall constitute an act of the committee.
6.5 No Waiver of Future Approvals. The approval of the
Committee of any proposals or plans and specifications or
drawings for any work done or proposed, or in connection with
any other matter requiring the approval and consent of the
Committee. shall not be deemed to constitute a waiver of any
right to withhold approval or consent as to any similar
proposals, plans and specifications, drawings or matter
whatever subsequently or additionally submitted for approval
or consent. ,
6.6 Compensation of Memlr~~~~=., '; :.~: members of the
Committee shall receive no~compensation for services
rendered. other than reimbursement for expenses incurred by
then in the performance of their duties hereunder and except
as otherwise agreed by the Board.
6.7 Inspection of Work. Inspection of work and
correction of defects therein shall proceed as follows:
6.7.1 Upon the completion of any work for which
approved plans are required under this Article, the
Owner shall give writtP~: ~+~~t, ice of, completion to the
Committee.
6.7.2 Within sixty (60) days thereafter, the Committee
or its duly authorized representative may ,inspect such
improvement. If the Committee finds that such work was
not done in substantial compliance with the approved
plans, it shall notify the Owner in writing of such non-
compliance with such sixty (60) day period, specifying
the particular noncompliance, and shall require the
Owner to remedy the same.
6.7.3 If for any reason the Committee fails to notify
the Owner of any noncompliance within sixty (60) days
after receipt of the written notice of compliance from
the Owner, the improvement shall be deemed to be in
accordance with the approved plans.
ONE SUBDIVISION DECLARATION
6.8 Non Liability of Committee Members. Neither the
Committee nor any member thereof, nor its duly authorized
Committee representative, shall be liable to the Association,
or to any Owner or Grantee for any loss, damage or injury
arising out of or in any way connected with the performance
of the Committee's duties hereunder. provided such person
has, upon the basis of such information as may be possessed
by him, acted in good faith without willful or intentional
misconduct. The Committee shall revi.~w and approve or
disapprove all plans submitted to f.t nor any proposed
improvement, alteration or addition; solely on the basis of
aesthetic considerations and th'e`overall benefit or detriment
which would result in the immediate vicinity and to the
Property generally. The Committee shall take into
consideration the aesthetic aspects of the architectural
designs, placement of building, landscaping, color schemes,
exterior finishes and materials and similar features, but
shall not be responsible for reviewing, nor shall its
approval of any plan or design from the standpoint of
structural safety or conformance with building or other
codes.
6.9 Variances. The Committee may authorize variances
from compliance with any of the architectural provisions of
this Declaration or any Supplemental Declaration, including
restrictions upon height, size, floor area or placement of
structures, or similar restrictions, when circumstances such
as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variances
must be evidenced in writing, must be signed by at least two
(2) members of the Committee, and shall become effective upon
recordation in the Office of the County Recorder of Ada
County. If such variances are granted. no violation of the
Restrictions contained in this Declaration or any
Supplemental Declaration shall be deemed to have occurred
with respect to the matter for which the variance was
granted. The granting of such a variance shall not operate
to waive any of the terms and provisions of this Declaration
or of any Supplemental Declaration for any purpose except as
to the particular property and part~~.r.~ilar provision hereof,
covered by the variance was gr~?*ed. The granting of such a
variance shall not operate to waive any of the terms and
provisions of this Declaration or of any Supplemental
Declaration for any purpose except as to the particular
property and particular provision hereof covered by the
variance. nor shall it affect in any way the Owner's
obligation to comply with all governmental laws and
regulations affecting his use of-the premises, including but
not limited to zoning ordinances and Lot set-back lines or
requirements imposed by any governmental or municipal
authority.
ARTICLE VII
ANNE%ATION OF ADDITIONAL PROPERTIES
7.1 Annexation. Declarant presently intends to develop
other neighboring properties and may. in Declarant's
discretion. deem it desirable to annex some or all of such
other properties to the property covered by this Declaration.
ONE SUBDIVISION DECLARATION - 21
~ 1., i
The annexed properties may. at =•Declarant's sole discretion.
be used and developed for any purpose allowed under
appropriate zoning regulations. Such other properties may be
annexed to the Property and brought within the provisions of
this Declaration by Declarant, its successors or asssign, at
any time. and from time to time, without the approval of an
Owner, the Association or its Board of Directors provided
that the FHA and the VA, or the HUD representatives thereof,
determines that the annexation is in accordance with the
general plan heretofore approved by them. As such properties
are developed. Declarant shall, with respect thereto, record
a Supplemental Declaration which shall annex such properties
to the Property and which may supplement this Declaration
with such additional or different covenants, conditions,
restrictions. reservations and easements as Declarant, and
FHA and VA, or the HUD representatives thereof, may deem
appropriate for the other properties or portions thereof and
may delete or eliminate as to such :°~^:.her properties such
covenants. conditions. restr:~c*:'_~~°;;, reservations and
easements as are continues herein `which'Declarant and FHA and
VA, or the HUD representative thereof, deem not appropriate
for the other properties.
7.2 Additional Properties. Subject to the
provisions of Section 7.1 above, upon the recording of a
Supplemental Declaration as to other properties containing
the provisions as set forth in this Section, all provisions
contained in this Declaration shall apply to the added
properties in the same manner as if it were originally
covered by this Declaration, c~•~.hject to such modification,
changes and deletions as specifically provided in such
Supplemental Declaration. The Grantees of Lots located in
the other properties shall share in the payment of
assessments to the Association as provided herein from and
after the recordation of the first deed of a Lot within the
added properties from Declarant to an individual purchaser
thereof.
7.3 Procedure for Annexation. The additions
authorized under Section 7.1 above, shall be made by filing
of record a Supplemental Declaration or other similar
instrument with respect to the other properties or portion
thereof, which shall be executed by Declarant of the Owner
thereof and shall extend the general plan and scheme of this
Declaration. The filing of record of said Supplemental
Declaration shall constitute and effectuate the annexation of
the other properties or portion thereof described therein,
and thereupon said other properties of portion thereof shall
become and constitute a part of thr~ ~,r.nperties, become
subject to this Declaration ana e~~compassed within the
general plans and scheme of covenants. conditions
restrictions, reservations and easements and equitable
servitudes contained herein as modified by such Supplemental
Declaration for such other properties or portion thereof, and
become subject to the functions, powers and jurisdiction of
the Association. Such Supplemental Declaration may contain
such additions. modifications or declarations of the
covenants. conditions, restrictions, reservations or
easements and equitable servitudes contained in this
Declaration as may be deemed by Declarant and FHA and VA, or
the HUD representatives ther~~~-`, desirable to reflect the
different
ONE SUBDIVISION DECLARATION - 22
.;1
~t YY c:
character. if any, of the other properties or portions
thereof or as Declarant and FHA and VA. or the HUD
representative thereof. may deem appropriate in the
development of the properties or portion thereof.
ARTICLE VIII
E`~4SEI~ENTS
8.1 Maintenance and Use Easement Between Walls and
Property Lines. The Association or owner of any lot shall
hereby be granted an easement of 5' width on the adjoining
properties for the purpose of maintenance of fence and/or
landscaping so long as such use does not cause damage to any
structure or fence.
8.2 Other Maintenance Easements. Easements for
installations and maintenance of utilities and drainage
facilities are reserved as shown on the record plat. Within
these easements. no structure. planting or other material
shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities.
or which may change the direction of flow of drainage
channels in the easements. or which may obstruct or retard
the flow of water through drainage c':~annels in the easements.
The easement area of each Lot. ~ ,,~r ~,il improvements in it
shall be maintained continuously by the Owner of the Lot.
except for these improvements for which a public authority or
utility company is responsible. A further easements is
hereby reserved in favor of the Association for access to and
maintenance of any irrigation facilities serving the Common
Area.
ARTICLE I%
GENERPTf ^"OVISIONS
9.1 Enforcement. The Association or any Owner, shall
have the right to enforce by the 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
Association or by an Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
9.2 Severity. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in
no way affect any other provision which shall remain in full
force and effect.
9.3 Interpretation. The terms. covenants and
conditions hereof are to be read and interpreted consistently
and in a manner to protect and promote Property values.
9.4 Term and Amendment. T'~A covenants and restrictions
of this Declaration shall run with and bind the lap d for a
ONE SUBDIVISION DECLARATION - 23
'I;term of twenty (20) years from the date this Declaration is
t~ recorded, after which time they shall be automatically
extended for successive periods ^f `;-;ii (10) years unless an
instrument signed by seventy-five pe`~'~:rit (750) of the then
Owners of the Lots has been recorded, agreeing to change said
covenants in whole or in part. This Declaration may be
amended, restated, replaced, terminated or superseded during
the first tcaenty (20) year period by an instrument s.in<_Jed by
the President and Secretary of the Association affirmic~y that
such amendment caas approved by two-thirds (2/3) of the Owners
of the Lots covered by this Declaration or by an instrument
signed by two-thirds (2/3) of the Lot Owners; provided,
however. that if Grantor is still the Owner of any Lots the
provisions of Article VI may not be amended without the
written consent and vote of the Grantoz.
IN WITNESS WHEREOF, the undersigned, nt
a
being the Dec~~
herein has hereunto set its hand and f
~
seal this
day of `~y ~ v er; 1991 .
~; Max A. Boesiger. Inc.,
'~ ~~ ~ an Ida o Corporat n
\ ~ ~
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.
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c. ,:
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_• ~. ~ ~~~ ~ Max A. Boesiger Jr. Pr
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.
.•
ST,ATH~ ,0~' 'ID'AHO )
''
~.. ) SS.
County of Ada )
I ~
On this ~% day of ~,, .--When 1991. before me
the undersigned, a Notary Pul:l:~.-: ~_n' <<nd for said State,
personally appeared MAX A. BOESIGER JR. known or identified
to me to be the President of Max A. Boesiger, Inc., the
person who executed the instrument on behalf of said
corporation, and acknowledged to me that such corporation
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.
:. _ j .
.• Notary Public for ~ ho
•.~` .±. ~:` ~ '~ f •c '' Re I' ding at Boise, Idaho
.y. o d•«` ~, ~ i~Iy~ ommission Expires: 7"~'~7
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