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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 + $1.29 for each certified mailing to be sent = Tc-tal Fee. '2. The property will be pasted 1 week bef are hearing stating they have applied far a Conditional Use Permit or Zoning. Triere must be a signed affidavit treat this has been done as part of the application. I~oag$ ~ ~,_~ , _ _ 1 i 1 I 16~c~ ~ t ~ 1 1 1 ~ G.e,~ Hoase -- ~ - pause w ~' ~` f ~ ( ' I t ~ I ~ t koase ~ ht ouso ~ .~.._ 1'10~16Q ~~~ • + • 1 s ' ~ SS~eek ~ P c~as~~ ~ e ~ ~ ~ 1 w ~ ~_ 4 I__ 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 ~ - ~ l ` ordinance? o. F~ ~~ ~; ~ s-~.~- c ~~ ^-°os~ `~ °~ bo-~ '~`° `MO~I~.~ c.. `°. rye, J e ° f' ~'t Or °'~' r'^~j .~ o~.'` Z ~ n o.c_L @5 s ~b ~ ~ ~ os ~~" .~-s s J ~ ~ e~ o ~ ~ ~_ ~-Cv~ e..2 ~ .: ~ \,. ~t ~t t~ W u ~h~ 3 ~ t' t~ O t~ ~~ ~~~~ ~ 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 `~1.. 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 • CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ ~ ~ i I I ~ k e U r' ~I ~ I I I I ~ yW I a~w - I I pp r ~ ~ a J f{ v I // ,v ~ !4/Ri Ti I ,~J I I I p O $~i ~ I I I I All claims and returned goods MUST be aecompanled by ffiis bill..- TAX I 9 8 7 7 Byceived TOTAL ~p ~i ~ ~S za~ ~ U PRINTED IN U.S.A. ~a„&,~~ 1 • ._ ~ • • ~• .~ • • i -~ • • a • ~-~ _~ • • • -~ - ~ -, ~ . E ~~t ~ t- Gam: s r1 e..~,~.h ac_a.. `~ o23S~ ~ ~-i,~ `~~`~~ 6 ~'3~~Z r~ o~ C' ' b b° ~S ~~~0 ~ ~ ~ l ~ ~~~. ~.~ / ~ ~G~ ~- S6nY o~ ~ ~~ Si ~3 fix- . ~~,.,~ ~ ~~ b r 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 ~; ~ ~:- .: . ~~: ~~=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 \ ~ ~ ~ . . ~ ~ ~ t.,,T ~ c. ,: „' ~ ' ~~ B y ~ , ~t -r _• ~. ~ ~~~ ~ Max A. Boesiger Jr. Pr ,. t y mo . .• 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 ~` j ,J t .9 l i+ ' ~- . `~," - ~, ,, ~ .