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Henroid, David & Laura.. CITY OF MERIDIAN • 33 E. IDAHO MERIDIAN, ID 83E42 FENCE VARIANCE APPLICATION • (RE: Meridian Zoning Ordinance) APPLICANT NAME: ~ ~U~~ CI `' ~~GC~, !' ~k~ ~ ~i`l l~ f <~ ~~ .PHONE ~'~/ ~ /~" - f ADDRESS : / ~f ~~ ~/ l~ `E~ ~,© C, -l °iP ~' ~ C C~~C-C.-f.-~ . Y" y ~` .l f Cc ~) , 1 1 ~ ~J~ ~C~~ OWNERS NAME & ADDRESS: (If different than above) ~~~1'Lc.~ PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST SE ATTAC~~D) LEGAL DESCRIPTION OF PROPERTY: LOT#~_~ # SUBDIVISION y ~' ~1 r~~ s I ~-L ~~`~ ~ l~_ -~~ PRESENT USE & ZONING OF PROPERTY ~~E ~ ll~~~Yl ~(Q ~ ~ "" SCT~lATIC DRAWING : ATTACH DRAWIrTG SHOWIlVG BUILDIlVGS , STREETS & PROPOSED FENCE SURROUNDING PROPERTY OWNERS: LIST OF THE MAIISNG ADDRESSES OF ALL PROPERTY OWNERS (FR~'I ALFIMEN'I'IC TAX RECORDS OF ADA COUNTY) WITHIlV TWO HUNDRID (200) FEET OF THE E~AL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIRII~ITS OF THE ORDINANCE THAT NEED 'PO BE REDUCED Ta PERMIT THE PROPOSID FENCE : ~~7 • c L`'- ~ ~] CL - _ ~_~ ATTACH APPLICATION FEE OF $ h" %1, (~ D ATTACH STATEMENT THAT FENCE IS ALI~C7WID LA~IDER THE RESTRICTIVE COVIIVANI'S OF THE SUBDIVISION OR A,COPY 0~' THE RESTRICTIVE CO~7ENANTS PERTAINIlVG TO FENCES: ;~~~ p~~c ~! G f ~,c~-~C~cl~~~~ ~~1pc' r~~F ~~'~' APPLICAN'T'S SIC~IAT[JRE: {.L ,. ' Cam- C. DATE RECEI4 RECEIVED BY CONJMITTEE HEARII~TG DATE . ,- ~ • . ~~A~.y~ may' Q' .. -. 98.99 . . ' .. , .. •. CHOFZI7-67.25' ;,~-'- ___-- 5 85_50'25' ~ • /.~,~ 100.,46' --_. ' .- ~ /~ .- • ," CgJCR! R DIOVC WAY / AUKL OAX. ~ p Q riACKtN EARS f0 B" f0 / ~ 4 rrp5f USE. CONIRQ. JANE 0 ~ . / \ \. i ~ __-_ _-_- ------ _-_-_ J1 MruwLN rKONf '~ _ ._ _- / 3- 4 \.. \ I I 1 it /1~!" -,- - -7\ i \ /~ I 7 \. / I I 1 9e B8 I i ~ \ / ~ _-- \\ i~ I I `. 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U,:Y,.t :..,~; s~~s~ ~~ ,}{,ate 1 , ~ ~. 'l' t L T! 7'~l ` k; ' ~fi~ gECOia~t;: r~: . WA,RRANTI' DEED Iteat~+mtrnP.) FpIZ VALUE RECEIVED BICPiARD GIIRSY ANA GHARIAT'rE J. GII.KEY, HUSBAPID AND e71rE Grantors . do lltrebq grout, bates, scll and ~y IIato DAVID B. FIEZERIOD AND rA>~A A. gSNBIdD, HOSBALQD APED IIIFE the Grantees ~ whosC piurent adeh~ess ia: 1444 H04tTH DEEP CREEK ~, MBRIDiAN, ID 83642 Canaty, State ofIdaho.morepa~rtiGnlaryd~edas the IOuo9rmg descttlfed rea(prppaAy m ADA Uo-wie 1JOT l jg BIAC$. LD OF ROD'S PARK9]DB GBBEdC SIJESDIQxSZ016 :at?. 2, AGCOSAIIQG TO TEEE AFPID~~RECORDI'Zt SrtPT~iBER68,a1993TU1~F8 INS~TS.'~3T NO. 93373&It7, jlECORD® OF ADA C(3ULCL7I, IDAIiO Al® APPI~ AS B} ~JA1~1 Imo! ~, , , .~, o .,. ~~ ~ ~~C IBA A. ffi'~iCFI TO HAVE AND TO HpLD the said. prentises, oath tbueir ap~urt~ex~vam the said Crrannre s xstd Grantee s heirs aadassig~.sroreaeszAadthtsaidGrantor sdo huebycovena~tcoamdwltlttbesaidGraauees theGrant~s arc the owner s im fee simple o¢ said pcmnises; that said mcmius ate free f<am aD encambratues. PXCt~-FT those to which 1Lh ~~,~ ~p made sobjcet and those malt, sllffercd or clone by the Gr~ee s • and snbJect tv re&ecvaliona, ~ ~memts, tigL~ of way and agirements, (~ may) ~ rea0ad, and general ta0le5 and a C~ gyts cif amY) feu the emrent9t~c,wbxL a~ Hd l~ due and ~yabiri aadtLae Caraatora w11I waaiaot aad defend the stanc r~ a111:twful claims zs x. r R X14,, .. u \~. y'I'ATEyO~..Z]` . .•;• .- C:ottnht ~ snn , ss. . .. than VO CT[`i7R- ~,~{,~ ~,~Yi l ,III IhC yEat Qf_1Z~z-. ~~G me ~ a 8A(M'y Y"""S Sopally a,~ipear , r aahost name i_ ~r~ sylY,,c7ibed to the within , and lanvim o~~[:"~t,:~e,nti5bd.' ~ to be tht pesson~ aclmowladgtd W me th?r~Y=- ~ the same. ~, .. ..' ~ - Notary Pub11C ... ~.~ - bi7Cammission~~•~,~ o~ roa5 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. of the Revised and Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:30 o'clock P M., on Tuesday. May 31, 1994, for the purpose of reviewing and considering the Application of David and Laura Henriod for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1 Block 10 Rod's Parkside Creek No. 2 and known by the address 1444 Deed Creek Way Meridian, Idaho 83642. The Applicant proposed to place 20' setback that runs parallel to the side of the house facing the street. 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 1 th day of Maw , 1994. i~~ WILLIAM G. BERG, JR., ITY CLERK HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., Cily Clerk GARY D. SM THS P.EyC ty Eng Weer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 ~ FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: All effected residents From: Anna Doty, Administrative Secretary Date: May 19, 1994 RE: Fence Variance Request by David Laura Henriod 1444 Deep Creek Way COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON Chairman ~ Planning &Zoning Recently we noticed an incomplete response to the description of where the applicant proposes to place his fence. This letter is to clarify the applicants intent and purpose for the fence variance. The applicant proposes to reduce the 20 foot setback to 5 feet from the property line on the corner of the lot that runs parallel to the side of the house facing the street. Enclosed is a schematic drawing for your reference. Tha k You, Anna Doty Administrative Secretary A- SURROUNDING PROPERTY OWNERS Lot Block Property Owner & Address 27 5 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 28 5 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 29 5 Shiloh Development LTD ~~ 21 :~7- North Deep Creek Way Meridian, Idaho 83642 30 5 Troy T. & Yvette C. Monroe 1453 North Deep Creek Way Meridian, Idaho 83642 31 5 Stetson Homes, Inc. 6595 Ustick Boise, Idaho 83704 32 5 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 33 5 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 34 5 Steven Hughes & Kathy L. Hunter 1468 North Mirror Creek Way Meridian, Idaho 83642 35 5 Paul E. & Carolyn A. Zrodlo 1446 North Mirror Creek Way Meridian, Idaho 83642 36 5 Lasher Construction P.O. Box 967 Caldwell, Idaho 83606 37 5 Spencer C. & Dorothy M. Stratton 1398 North Mirror Creek Way Meridian, Idaho 83642 1 11 Sierra West Construction, Inc. 15730 Thiel Way Grass Valley, California 95949 2 11 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 3 11 Sheridan R. & Deborah S. Keber 3663 West Park Creek Drive Meridian, Idaho 83642 4 11 Rolan & Charmaine L. Cook 6479 Deerflat Road Nampa, Idaho 83686 2 10 James E. & Kenna M. Moore 1390 North Deep. Creek Way Meridian, Idaho 83642 3 10 L&R Sales & Rod's Trust P.O. Box 36 Caldwell, Idaho 83606 4 10 Lacher Construction Co., Inc. P.O. Box 967 Caldwell, Idaho 83606 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor May 31, 1994 David and Laura Henriod 1444 North Deep Creek Way Meridian, ID 83642 RE: Fence Variance Request 1444 N. Deep Creek Way Dear David and Laura, ~~, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning d Zoning The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M. -May 31, 1994, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of a six (6) foot high wooden fence in the side street setback area subject to the following:: 1. The face of the fence shall be set fifteen (15) feet from the edge of sidewalk at your southwest corner and twelve (12) feet from edge of sidewalk at the point your proposed to return to your house (sketch attached), 2. The area between the fence and sidewalk shall be landscaped and maintained by you. The board side of the fence shall face N. Deep Creek Way. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. Please obtain a fence building permit from City Building Department prior to beginning construction. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Our concern for not allowing your request as proposed is the safety of pedestrian traffic. Thank you for complying with the City ordinance in requesting this variance. Sin erely, Gary D. mith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector L&R Sales (Rod Trumbull) SECTION 1: That Section 11-9-605 J., FENCES, is here r: amended by the addition thereto of a new subsection to t 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 ~s ec ion _ ursuan o t e s a no rov s ons o a rea a as a var ante _ _ or _ _ o e ev se an om ~ e r nances an a rote ure or suc a var ante s a no a overne e a orement oned two sections. here sha be a s ecia rote ure or variances rom is ence or Hance which shaT a as oiiows: a. The owner or applicant shall file an app lication for a fence variance with the Cit Clerk which app scat on s a state e o ow ng• 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name address and hone number of owners of e su sec proaer v: • 4. 5. 6. 7. 8. 9. 10. 11. Proof of ownership; .Legal description of subject property; Present use of subject property; Zoning of the sub ect property; -Schemati~c~drawin of the building and proposes fence; List of the mailin addresses of all ro ert owners rom au en is ax recor s o a count wit n eet o the ex erns oun arses o e an e~ng cons erect; Minimum re uirements of this ordinance that nee o e re _uce o perms a propose fence; An application fee established by resolution or zne council; n U ._ ~ .* • b. U on recei t T of the fence variance a 1 ication ie zon n a m n s hat not ra or s a se a earn an see ce s may a ors c ass ma to a owners o ro ert w th n eet o e ra us o e 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 ma n o e requ re not ce. i a no ce o ear~ng oes not nee o ~e publis e n t e ottic ial newspaper. c. The hearin established b this subsection shall con ucte a ence var ance comma ee w ~c comm. ee s a a com rise o e~ n sneer e er an o ce a one ounc em er an one ann n an on~n em er. comma tee s a e a m~n~mum o t ree umemu ers o s tie comma ee. d. U on hearin the re uest for-the fence variance die Comm ee s a eat er a rove or en or a rove wit con Mons e a Ica on or ence var ance; at no wr t en in ~n s o act s a a wr en ec sion s a e re u~re ut an to an art reques n wwr~tten not~e~ca ion aot e ecis~on a e earin e. APPEAL. An a rieved a aecis on o e commi tee rec ursuan o ec ion • r ' ~ ~ _. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by the undersigned, L & R Sales, an. Idaho Partnership hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property situated in the City of Meridian, County of Ada, State of Idaho hereinafter referred to as the "Property", more particularly described as follows: A parcel of land located in the North half of Section 10, T.3N, R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 3 and 10, T.3N., R.1W., B.M., from which the Northeast. corner of Section 10 bears South 89°41'38" East, 2,649.58 feet; thence South 89°41'38" East, 16.91 feet to the REAL POINT OF BEGINNING; thence continuing South 89°41'38" East, 485.66 feet to a point; ~-_ thence South 00°18'22" West, 773.98 feet to a point; thence South 90°00'00" East, 445.02 feet to a point; thence South 00°00'00" East, 555.29 feet to a point on the South boundary of the NW's of the NEB; thence North 89°38'35" West along said South boundary 352.36 feet to a point; thence North 60°42'03" West, 277.86 feet to a point;- thence South 2°37'17" East, 193.84 feet to a point; thence South 89°45'06" West, 350.89 feet to a point; thence North 21°31'I2" West, 889.43 feet to a point;" AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREER SUBDIVISION Page - 1 ,, portion of -the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE I DEFINITIONS "ASSOCIATION" shall mean and refer to ROD'S PARRSIDE CREEK HOMEOWNERS ASSOCIATION, INC., and Idaho non-profit corporation, its successors and assigns. "BUILDING LOTS" shall mean and refer to a lot, or to any parcel of said property under one ownership which consists of a portion of one (1) such lots, or contiguous portions of two (2) or more contiguous lots if a building is constructed thereon. "BENEFICIARY" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case my be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. "COMMITTEE" shall mean The Architectural Committee described in Article VI hereof. (~ "COMMON AREA" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the recording the first phase of this subdivision is set forth in detail in the plat of the subdivision recorded in the records of the Recorder, Ada County, Idaho. "DECLARATION OR SUPPLEMENTAL DECLARATION" shall mean that this declaration may hereafter be amended and supplemented from time to time by Declarant. "DECLARANT" shall mean and refer to L & R Sales, an Idaho Partnership, 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. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREEK SUBDIVISION Page - 3 ARTICLE II GENERAL COVENANTS CONDITIONS AND RESTRICTIONS A. Land Use and Building Tvpe - 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. No building or improvements shall be erected, altered, placed, or permitted to remain on any Lot other that one designed to accommodate no more than one (1) single-family residential dwelling. 1. Size Liaaitation - The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1500 square feet for a one-story dwelling nor shall the main level be less than 800 square feet for more than one story. 2. Garages - Each unit constructed with the Property shall include at least a three (3) car, enclosed garage which is an integral part of the unit structure. A two car garage will be considered if a three (3) car garage creates hardship on lot or house design but must have unanimous approval of Architectural Control Committee. ~ 3. Roofing Material - The roof of each unit must be constructed of Laminated Architectural Shingles, Cedar Shake or Tile and must be approved by the Architectural Control Committee. H. Architectural Control - No Building shall be erected, placed or altered on any lot until the construction plans and specification and a plan showing the location of the structure have been approved by the Committee as the quality of workmanship and materials, harmony of external design and color with existing structures, and as to location with respect to topography and finish grand elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved by the Committee and shall also be in compliance with set-back requirements of the City of Meridian. No dwelling, fence, building, garage or other .structure sha_11 be built, erected, placed, materially altered or materially repaiied which shall alter the surface colors or texture of any AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREER SUBDIVISION Page - 5 ~~~ 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 upon such Owner's Lot for the purpose of doing so,and such Owner shall promptly reimburse the Association for the cost thereof . Such cost shall be 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 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 therefore, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. An individual owner(s) 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 improvement 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 such damage or 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 Owner's 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. D. Improvements Location - No building or other improvement 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. E. 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 with may be or may become an annoyance or nuisance to the neighborhood. Excessive barking of dogs shall be considered a nuisance. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 7 a L. Sewage 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. 1. A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 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 it's Property. 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. M. Sight Distance at Intersections - Shall meet all City Code requirements. N. Declarant's Right - Declarant 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. O. Boats, Campers, and Vehicles - Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto expecting only within the confines of a privacy fence or storage structure behind the setback line. p. Antennas and Service Facilities - Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in from of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. The placement of all such items shall be approved by the Architectural Control Committee and include a map depicting the plan of such items. Q. Hazardous Activities - No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be unsafe or AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 9 V. Fences - Fences shall be of vertical cedar design and f construction. All other fence types or designs must be approved by the Architectural Control Committee. Privacy screening for patios and decks must be attached to the house and either constructed of the same siding material and color as the house or heavy lattice or a material approved by the Architectural Control Committee. W. Plat Conditions - All covenants, conditions- and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. R. Front and Side Yards - Within thirty (30) days after occupancy of the dwelling unit, each lot shall have in front yard rolled sod lawn, one deciduous or conifer tree. at least two (2) inches in diameter and ten (10) shrubs or bushes as approved by the Architectural Control Committee. All front yard landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed thereon. In the event of undue hardship due to weather conditions, this provision may be extended up to a maximum of six (6) months upon written approval by the Architectural Control Committee. Y. Easements - Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installations and maintenance of the utilities _ or which may change the direction or flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utility is responsible or in any landscape easement areas so maintained by the Homeowners Association. Z. Irrigation -The Declarant/Grantors are under no obligation to deliver irrigation water or to furnish rights-of-way in connection with the delivery of irrigation water to any Lot or building site with this subdivision. . AA. Bathrooms - All bathroom, sink and toilet facilities shall be inside residential buildings and shall be connected by underground pipes directly with the City of Meridian sewer system. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 11 , ~~ 75$ of the Lots by deed to the homeowners, whichever event shall first occur. D. Board of Directors and Officers - The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By- Laws. E. Powers and Duties of the Association 1. Powers - The Association shall have all the powers of a non-profit corporation laws of the State of Idaho subject only to such limitation upon the exercise of such owners as are expressly set forth in the Artic~.es, 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 any 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 responsibilities herein assigned, including without limitation: a. 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. b. Right of Enforcement - The Power and authority from time to time in its own name, on its own behalf or on the behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suites to restrain .and enjoin any breach or threaten 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. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 15 _ licenses, easement 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, erected, operating or maintaining: 1. Underground lines, cables, wires, conduits and other devises for the transmission of electricity for lighting, heating, power, telephone and other purposes; and 2. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 3. Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and rights- of-way are hereby expressly reserved to the Association, subject to Declarant's approval while there are still Class B members. i _ 2. Duties of the Association.. In .addition to powers delegated to it by the Articles, without limiting the generality thereof, the Association 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: a. 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 damage or destroyed by casualty loss and other property acquired by the Association. b. 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 AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREEK SUBDIVISION Page - 17 `_ 6. Notwithstanding any other provision herein, the Association shall continuously maintain in effect such other additional casualty, flood and liability insurance as the Board deems necessary or appropriate. e. Rule Making - Make, establish, promulgate, amend and repeal the Association rules. f. Architectural Committee- - Declarant has the right to appoint and remove members of the Committee, all subject to the provisions of this Declaration. g. Drainage System - Operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. h. 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 with public right-of-way as the board deems necessary or appropriate., i. 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. j. Street Lights - Maintain, repair and replace street lights within the Property to the extend such street lights are not operated, maintained, repaired and replaced by the City of Meridian or other governmental entity, which has jurisdiction of such matters. k. Subdivision Approval Responsibilities -Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 2. 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, AMENDED DECLARATION OF COVENANTS, CONDITIONS. AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 19 ~ B. Purpose of Assessments 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 carrying out the duties, and business of the Association. 2. Special Assessments for Capital Improvement - In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, 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 Common Area, including fixtures and personal property related thereto, provide that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this 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, 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 for the Association and general costs of operation. 3. Limited Assessments - The limited assessments may be levied against any owner in an amount equal to the 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. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 21 F. 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 of the Lot or Lots from Declarant to an Owner or Owners. The Board of 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 subject thereto. The due dates shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for the reasonable chard, 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. G. 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 eighteen percent (18~) per annum or at the highest rate allowed by law if such rate is less than eighteen percent. 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 liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. H. Subordination of the lien to Mortgages - The lien of any assessments provided for herein shall be subordinate to the lien of any first mortgage (deed of trust) against a Lot. No mortgagee (nor beneficiary of a deed of trust) shall be required to collect any unpaid assessments. The failure of a Lot owner to pay assessments shall not constitute a default under a mortgage (deed of trust) insured by HUD/VA. The 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 extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 23 alterations or additions contemplated thereby in the location indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 1. Conditions of 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 of the above, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 2. Committee Rules and Fees - 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 Twenty Five Dollars ($25.00) . Such fees shall be used to defray the costs and expenses of the Committee or for such other 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. 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. 4. Committee Decisions - Decisions of the Committee and the reasons therefore shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S Pp,RKSIDE CREEK SUBDIVISION Page - 25 i 2. If for any reason the Committee fails to notify the Owner of any non-compliance within sixty (60) days of completion of the construction, the improvement shall be deemed to be in accordance with the approved plans. 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 review and approve or disapprove all plans submitted to it for any proposed aesthetic considerations and the 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 conforming with building or other codes. I. Variance - 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 purpose except as to the particular property and particular provision hereof covered by the variance, nor shall in affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premisses, including but not limited to zoning ordinances and Lot AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 27 C. Procedure for Annexation - The additions authorized under herein, 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 or 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 the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitude 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 servitude contained in this Declaration as may be deemed by Declarant, FHA, VA or HUD representatives thereof, desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant, FHA, VA or HUD representatives thereof, may deem appropriate in the development of the properties or portion thereof. As long as there are any Class B memberships changes must receive the approval from HUD/VA. ARTICLE VIII EASEMENTS A. Maintenance and Use Easement Between Walls and Property Lines - The Association or owner of any lot shall hereby be granted an easement of 5 foot 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. The Owner of such lot shall notify the owner of adjoining property as to reason and date for the use of the easement. Any disputes shall be directed to the Architectural Committee. B. 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, AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARKSIDE CREEK SUBDIVISION Page - 29 o thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots this Declaration may not be amended without the written consent and vote of the Grantor. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this Z~~day of June, 1993. L & R SALES, AN IDAHO PARTNERSHIP BY ~~ GARY D . LA~fi R STATE OF IDAHO ) . ss. County of Ada ) ~~ B~1 LF,.P3NAyFi R . TRUMBULL GARY D. LASHER, being first duly sworn, deposes and says: That he is one of the Declarant's named in the within and foregoing instrument; that he has read said instrument, knows the contents thereof and that the statements contained therein are true and correct to the best of his knowledge. / GARY D. LA HER SUBSCRIBED AND SWORN to before me the undersigned, this ~~ day of June, 1993. ~ ~ + ~~1 Notary PUb~ic o Idaho Residence: Meridian '. -;, AMENDED DECLARATION OF COVEPIANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREEK SUBDIVISION Page - 31 ~. _ .. e STATE OF IDAHO ) . ss. County of Ada ) LEONARD R. TRUMBULL, being first duly sworn, deposes and says That he is one of the Declarant's named in the within and foregoing instrument; that he has read said instrument, knows the contents thereof and that the statements contained thereirf are true and correct to the best of his knowledge. D ~R. TR SUBSCRIBED AND S~~ORN to before me the undersigned, this ~~ day of June, 1993. o y Pu is fo Idaho Residence: Meridian AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ROD'S PARRSIDE CREEK SUBDIVISION Page - 32