Golf View EstatesRF TEST FOR SUHDIVISIOU APPROVAL
® PRELIMINARY PLAT AND/OR FII PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR 8UBMISSION:
A request for preliminary plat approval must be in the City Clerks possession
no later than three days following the regular meeting of the Planning and
Zoning Commission.
The Planning and Zoning Commission will hear the request -at the monthly
meeting following the month the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly
meetings provided the necessary procedures and documentation are received
before 5:00 P.M., Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION:
1. Name of Annexation and Subdivision, (,„i f V i
2. General location, , West of Cherry Lane' Vii l l a g e
3. Owners of record,
Adihressl- D0 , /3 Ile. r; d ian ID Zip83642 Telephone 888-
4. Applicant, Dennis Marshall Address, 1 526 F.-_ 1 st _ , MPr; cl; an , Tn.,-
5.
D.-
5. Engineer•,_q„mrPr johnenn Firm J -U -B Eng, Address250 S. Beechwood
-
Boise, Idaho Zip 83704 Telephone -A7b-7-4-1f1
6. Name and address to receive City billings: Name Dennis Marshall
Address_ _ 1996 F 1st, Meridian Ip p 83642 • Telephone 888-6878
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres ii 5±
2. Number of lots q_0
3.
4.
5.
6.
7.
S.
9.
10.
Lots per acre 9.6 '
Density per acre N/A
Zoning classifications) R3
If the proposed subdivision is outside the Meridian City limits but within the
jurisdictional mile, what is the existing zoning classification N/A
Does the plat border a potential green belt 'No
Have recreational easements been provided for No
Are there proposed recreational amenities to the City
N e -
Explain
Are there proposed dedications of common areas? N,
Explain
For future parks? Explain
(1)
pct: 2uzbw rA)x r_=j+UUN1AKY PLAT: viannang ana zoning uommissaon contlnuea
Page '2 0
PRELIMINARY PLAT CHECKLIST: Subdivision features continued
11. What school (p) service the area= i „ a Jr Z J r �N ; as , do you propose any
agreements for future school sites 13 , Explain
12. Other proposed amenities to the City None Water Supply
Fire Department , Other , Explain
13. Type of Building (Residential, Commercial, Industrial or combination),
14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other
15. Proposed development features:
a. Minimum square footage of lot (s) , 1 n , n n n
b. Minimum square footage of structure(s), 1 ; 5nng r- Ft.,
c. Are garages provided for, IPg square footage 4c;n Gmin_
d. Are other coverings provided for NQ
e. Landscaping has been provided for yPG , Describe
4nd„ q11 ,front yards with A chrthc
f. Trees will be provided fory�_,.Trees will be maintained -
g. Sprinkler systems are provided for No
h. Are there multiple units Nn , Type , remarks
i. Are there special set back requirements Nn , Explain
j. Has off street parking been provided for yy�G , Explain
two car concrete _driyes
k. Value range of property .$ g 9� n n n t,, $1 5 n, n n n
I. Type of financing for development
M. Protective covenants were submitted N , Date
16. Does the proposal land lock other property Nn ,
-Does it create Enclaves
STATEMENTS OF C 0MPLIANCE :
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as
required by Ada County Highway District and Meridian Ordinance. Dimensions
will be determined by the City Engineer. All sidewalks will be five (5)
feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
(2)
STATEMENTS OF COMPLIANCFAContinued
3. Development will connect to City services.
4. Development will comply with City Ordinances.
S. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
9-604 8 PRE -APPLICATION METING
3
The developer shall meet with the Administrator prior to the submis-
sion of the Preliminary Development Plan. The purpose of this
meeting is to discuss early and informally the purpose and effect of
this Ordinance and the -criteria and standards contained herein, and
to familiarize the developer with the Comprehensive Plan, Zoning
Ordinance, Subdivision Ordinance and such other plans and ordinances
as deemed appropriate. The developer may also meet with the Commis-
sion or Council prior to submitting an application.
9-604 C. PRELIMINARY PLAT.
1. Application - The. applicant shall file with the Administrator a.
complete subdivision application form and preliminary plat data
as required in this Ordinance, not less than thirty (30) days
prior to the Commission's public hearing. The Commission will
not. schedule any hearing or workshops or put the application on
the agenda unless the jibove conditions have been met.
2. Public Hearing to be Held Prior to Subdivision Plat Approval -
A public hearing shall be held at the time of presentation of
the preliminary plat by the developer to the Commission for the
purpose of allowing public input on the proposed subdivision.
3. Combining Preliminary and Final Plats - The applicant may re-
quest that the subdivision application be processed as both a
preliminary and final plat if all of the following exists:
a. The proposed subdivision does not exceed four (4) lots;
b. No new street dedication or street widening is involved;
C. No major special development considerations are involved,
such as development in a floodplain, hillside development
or the like; and
d. All required information for both preliminary and final
plat is complete and in an acceptable form.
A request to combine both preliminary plat and final plat into
one application shall be acted upon by the Commission upon
recommendation by the Administrator.
(3)
• •
4. The Aoolicant -
a. The applicant shall submit all required copies of plats,
maps, application forms, conceptual engineering forms, and
any other appropriate supplementary information required
by the Administrator, Commission, or Council. See 9-604C5.
b. The applicant shall pay all _required fees. See 9-604C7.
C. The applicant shall pay all attorney, engineering, publish-
ing and mailing costs incurred by the City. All such
costs shall be a lien upon the land proposed to be
subdivided.
d. The applicant shall notify all adjoining property owners
of hearings as required. See 9-604C.
S. Content of Preliminary Plat - The contents of the preliminary
plat and related information shall be in such form as stipulated
by the Commission; however, additional naps and supporting data
deemed necessary by the Administrator or the Commission or
Council may also be required.
The subdivider -shall submit to the Administrator at least the
following: -
a. Twenty-seven (27) copies -of the preliminary plat of the
proposed subdivision, drawn in -accordance with the -require-
ments hereinafter stated-; each copy of the preliminary
plat shall be on good quality paper, shall have dimensions
of not less than twenty-four (24) inches by thirty-six
(36) inches, shall be drawn to a scale suitable to insure
clarity of all lines, dimensions and other data, shall
show the drafting date, and shall indicate thereon, by
arrow, the general northerly direction;
b. Twenty-seven (27) copies of a one (1) inch equals three
hundred (300) feet scale map on 8-1/2"xll" paper indicating
thereon all adjacent development and/or lots of record
within three hundred (300) feet of any boundary of the
proposed development, and the layout of the proposed
development in bold outline;
C. Twenty-seven (27) copies of the completed and executed
subdivision application form;
d. Seven (7) sets of conceptual engineering plans (not meant
to be detailed designs) for streets, water, sewers, side-
walks and other required public improvements. Such engi-
neering plans shall contain sufficient information and
detail to enable the Administrator to make a determination
as to conformance of the proposed improvements to applicable
regulations, ordinances and standards.
i
6.
• 0
e. Appropriate supplementary information that sufficiently
details the proposed development within any special develop-
ment area, such as hillside, planned unit development,
floodplain, cemetery, mobile home, large-scale development,
hazardous and unique areas of development.
Requirement of Preliminary Plats - The following shall. be shown
on the preliminary plat or shall be submitted separately:
a. The name of the proposed subdivision and general location;.
b. The names, addresses and telephone numbers of the owner,
the subdivider or subdividers and the engineer, surveyor
or planner who prepared the preliminary plat;
C. Name and address of the party to receive City billings
and/or correspondence;
d. The legal description of the subdivision;
e. A statement of the intended use of the proposed subdivision,
such as: residential single-family, two (2) family and
multiple housing, commercial, industrial, recreational or
agricultural and a showing of any sites proposed for
parks, playgrounds, schools, churches or other public
uses; -
f. A map of the- entire area -scheduled for- development if -the
proposed subdivision is a portion• of a larger holding
intended for subsequent development;
g. A vicinity map showing the relationship of the proposed
plat to the surrounding area (one-half (1/2) mile minimum
radius, scale optional);
h. The land use and existing zoning of the proposed subdivision
and the adjacent land;
i. Streets, street names, rights-of-way and roadway widths,
including adjoining streets or roadways;
J. Lot lines and blocks showing scaled dimensions and numbers
of each;
k. Contour lines, shown at five (S) foot intervals where land
slope is greater than ten percent (10%) and at two (2)
foot intervals where land slope is ten percent -(10%) or
less; referenced to an established benchmark, including
location and elevation;
1. A site report as required by the appropriate health district
where individual wells or septic tanks are proposed;
6)
0
•
m. Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers, irrigation laterals,
ditches, drainages, bridges, culverts, water mains, fire
hydrants, and their respective profiles;
n. A copy of any proposed restrictive covenants and/or deed
restrictions;
o. -Any dedications to the public and/or easements, together
with a statement of location, dimensions and purposes of
such;
p. Any additional required information for special development
as specified in this Ordinance; -
q. A statement as to whether or not a variance .will be re-
quested with respect to any provision of this Ordinance
describing the particular provision, the variance requested,
and the reason therefor;
r. A statement of development features.
7. Fee - At the time of submission of an application for a prelimi-
nary plat, the applicant shall pay the applicable fee as approved
by the Council to cover the costs of processing.
B. Administrator Review -
a. Certification - Upon receipt of the preliminary plat and
all other required data as provided for herein, the Adminis-
trator shall affix the date of application acceptance
thereon. The Administrator shall, thereafter, place the
preliminary plat on the agenda for consideration at the
next regular_ meeting of the Commission if there is suffi-
cient time prior to the date of certification for the
Commission to consider and review the application, and to
give proper notice of a public hearing as required in
9-604 C.8b.
b. Notice will be published"in the City's newspaper of record
at the expense of the requesting party at least one (1)
edition, fifteen (15) days prior to the hearing of the
Planning and Zoning Commission meeting, which notice shall
also give a summary of the request and the location.
C. Review by Other Agencies - The Administrator shall refer
the preliminary plat and application to as many'agencies
as deemed necessary. Such agencies may include the
following:
1) Other governing bodies having joint jurisdiction;
2) The appropriate utility companies, irrigation companies
or districts and drainage districts;
3) The Superintendent of the School District; and
4) Other agencies having an interest in the proposed
subdivision.
9. Notification bX Applicant -
i
a. Notification to Property Owners - The applicant shall
notify all adjoining property owners by mailing, by certi-
fied mail, notice of the hearing to all property owners f
within three hundred (300) feet of the proposed boundaries
of the subdivision. Said notice by certified mail must be
deposited with the United States Post Office at .least
fifteen (15) days prior to the hearing. The notice to be
mailed to the adjacent property owners shall include a
copy of the Notice of Hearing and a vicinity map of the
area, which map shall show the proposed subdivision and
the property within three hundred (300) feet.
b. The names and addresses of property owners notified shall
be provided by the applicant to the City with a notarized
statement of compliance and a copy of the notification.
10. Commission Action -
a. Hearing by Commission - Following the receipt of application
and after notice, the Commission shall conduct a public
hearing, at which time they shall review the preliminary
plat and receive comments from concerned persons and
agencies to arrive at a decision on the preliminary plat.
b. Commission's Finding - In determining the acceptance of a
proposed subdivision, the Commission shall consider the
objectives of this Ordinance and at least the following:
- 1) The conformance of the subdivision with the Comprehen-
sive Development Plan;
2) The availability of public services to accommodate
the proposed development;
3) The continuity of the proposed development with the
capital improvement program;
4) The public financial capability of supporting services
for the proposed development; and
5) The other health, safety or enviromaental problems
that may be brought to the Cossission's attention.
(7)
i
C. Action on Preliminary Plat - The Commission may approve,
approve conditionally, deny or table the preliminary plat
for additional information. Approved or conditionally
approved preliminary plats are forwarded to the Council.
if the plan is denied, it is not forwarded to the Council.,
If the plan is tabled, it may be reconsidered by the
Commission within forty-five (45) days of the public
hearing. The Administrator shall notify the applicant of
the Commission's action within ten (10) days.
d. Action on Combined Preliminary and Final Plat - If the
Commission's conclusion is favorable to the subdivider's
request for the subdivision to be considered as both a
preliminary plat and final subdivision, then a recommends -
tion shall be forwarded to the -Council in the same mariner
as herein specified for a final plat. The Commission may
recommend that the combined application be approved,
approved conditionally or disapproved.
11. Appeals - Any person or aggrieved party who appeared in person
or writing before the Commission or the subdivider may appeal
in writing the decision of the Commission relative to the final
action taken -by the Commission. Such appeal must be submitted
to the Council within fifteen (15) -days frgm such Commission
action.
12. A record of the public hearing, findings made and action taken
shall be made and maintained.
9-604 D ADMINISTRATIVE PROCESSING OF THE PRELIMINARY DEVELOPMENT PLAN
FOR THE COUNCIL AND NOTIFICATION PROCEDURE
Upon receipt of the Commission's action concerning the Preliminary
Development Plan or the receipt of an appeal of such action by the
applicant or other aggrieved party, the Administrator shall respond
as follows:
1. Set the public hearing date for the Preliminary Development
Plan; and
2. Review public hearing comments by concerned persons, public
agencies or City departments.
9-604 E COUNCIL HEARING, NEGOTIATIONS, AND ACTION
1. Prior to taking action concerning the Preliminary Development
Plan, the Council shall conduct at least one (1) public hearing
in which interested persons shall have an opportunity to be
heard.
2. No final subdivision plat shall be approved until one (1) public
hearing before the Council has been held for the purpose of
allowing public input on the proposed subdivision. This public
hearing shall be held at the time of the presentation of the
preliminary plat by the developer to the City Council. Notice
of the public hearing shall be given by sailing, by certified
mail, notice of the hearing to all property owners within three
hundred (300) feet of the proposed boundaries of the subdivision,
which sailing shall be completed by the developer and by publish-
ing notice of said hearing in the City's newspaper of record at i
least one (1) time fifteen (15) days prior to the date of such
hearing, which publication shall be handled by the Administrator.
The notice to be sailed to the adjacent property owners shall
include a copy of the notice of hearing and a vicinity map of
the area, which map shall show the proposed subdivision and the
property within three hundred (300) feet.
3. During the hearing,- the Administrator shall report, on the
status of the application.
4. In considering the proposed development, the Council shall
consider the requirements of this Ordinance and at least, but
not limited to, the. following:
a. The conformance of the proposed development with the
Comprehensive Plan; -
b. The availability of urban services to accommodate the
proposed development;
C. The continuity of the proposed development within the
City's capital improvement program;
d. The public financial capability of supporting services for
the proposed development; and
e. Health, safety, or environmental problems that may be
brought to the Commission's attention.
S. Prior to Council action, the Council, Administrator, applicant,
and interested persons say negotiate items of the Preliminary
Development Plan which are of mutual interest. In order that
the negotiations be an open process and the rights of all
parties and persons shall be protected (applicant, Council,
Administrator, and the general public), the following guidelines
• shall be observed:
a. The negotiations shall not occur in private or closed
meetings;
b. Negotiations shall take place in open and informal meetings; I.
C.. Where there is a quorum of the Council in attendance,
• appropriate records shall be Dept of the negotiating
(9)
9-604
0 •
session or sessions, namely minutes which shall be submitted
with the proposed development;
d. The negotiation process shall be separate from the decision-
making process of the Council;
e. Results of the negotiations shall be a recommendation to -
the Council and be available for public scrutiny;
f. The negotiation process shall be designed and carried out
in a manner which assures the general public that .decisions
have not been made in advance of the input and scrutiny by
the .general public;
g. The general public shall be in of any negotiation
that has occurred in a newspaper article in the official
newspaper or paper of general circulation within the City
of Meridian fifteen (1S) days prior to Council action.
6. The Council shall approve, approve with conditions, deny, or
table the Preliminary Development Plan. If the Preliminary
Development Plan is tabled, it may be -reconsidered by the
Council within forty-five (45) days of the public hearing. The
Administrator shall notify- the applicant of the Council's
action within ten (10) days of the Council's aetion.
7. A record of the hearing, findings made, and action taken shall
be maintained.
F APPROVAL PERIOD
1. Council approval of the Preliminary Development Plan *ball
become null and void if the applicant fails to submit the Final
Development Plan within one (1) year of Council approval of the
Preliminary Development Plan.
2. upon written request to the Council and filed by the applicant
prior to the termination of the said one (1) year period as
stated in Section.9-604 F.1 of this Ordinance, the Council may
authorize a single extension of the approval of the Preliminary
Development Plan for a period not to exceed one (1) year from
the end of the said one (1) year period.
3. In the event that the development of the preliminary plat is
made in successive contiguous segments in an orderly and reasona-
ble manner, and conforms substantially to the approved prelimi-
nary plat, such segments, if submitted within successive inter-
vals of one (1) year, may be considered for final approval
without resubmission for preliminary plat approval.
(10)
9-604
9-604
•
G APPEAL OF COUNCIL ACTION
Appeals of the action of the Council concerning the administration
of this Ordinance may be taken by any aggrieved person. Within
sixty (60) days of the Council action (and after all remedies have
been exhausted under this Ordinance), an aggrieved person may seek
JUDICIAL REVIEW of the Council's action under -provision provided by
Sections 67-5215(b) through (q) and 67-5216, Idaho Code.
H FINAL PLAT
I. Application - After the approval or conditional approval of the
preliminary plat, the subdivider may cause the total parcel, or
any part thereof, to be surveyed and a final plat prepared in
accordance with the approved preliminary plat. The subdivider
shall submit to the Administrator the following:
a. Twenty-seven (27) folded copies of the final plats
b. Five (5) copies of the final engineering construction
drawings for streets, water, sewers, sidewalks and other
public improvements; and
C. Ten (10) .prints of the final plat at a scale of one (1)
inch equals three hundred (300) feet.
2. Contents of Final Plat - The final plat shall include and be in
compliance with all items required under Title 50, Chapter 13
of the Idaho Code. The final plat submittal shall include at
least:
a. A written application for approval of such final plat as
stipulated by the Commission;
b. Proof of current ownership of the real property included
in the proposed final plat and consent of recorded owners
of the plat;
C. Such other information as the Administrator or Commission
may deem necessary to establish whether or not all proper
parties have signed and/or approved said final plat;
d. A statement of conformance with the approved preliminary
plat and meeting all requirements or conditions thereof;
V. A- statement of conformance with all requirements and
provisions of this Ordinance; and
f. A statement of conformance with -acceptable engineering,
architectural and surveying practices and local standards.
s J -U -B ENGINEERS, INC.
Project: 18021
Date: August 16, 1990
250 South Beechwood Avenue, Suite I — Boise, Idaho 83709
DESCRIPTION FOR
GOLF VIEW ESTATES TENTATIVE PLAT
A PORTION OF THE SW 1/4 OF SECTION 3,
T.3N., R.1W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being a portion of the SW 1/4 of Section 3, T.3N., R.1W.,
B.M., Meridian, Ada County, Idaho, and more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of said SW 1/4 of
Section 3; thence S 89-14-51 E 1023.64 feet along the Southerly boundary of said
SW 1/4 to a point, also said point being the REAL POINT OF BEGINNING;
Thence leaving said Southerly boundary N 0-45-09 E 968.84 Feet to a point;
Thence N 77-30-00 W 115.22 Feet to a point,
Thence N 63-10-00 W 365.00 Feet to a point;
Thence N 65-10-00 W 428.00 Feet to a point;
Thence N 89-21-59 W 195.00 Feet to a point on the Westerly boundary of said
OSW 1/4;
Thence along said Westerly boundary of the SW 1/4 N 0-38-01 E 151.88 Feet
to a point on the centerline of the Safford Sub Lateral;
Thence along said centerline of the Safford Sub Lateral the following courses and
n distances S 89-18-03 E 1303.75 Feet to a point;
lug Thence S 89-19-47 E 573.58 Feet to a point;
Thence N 77-07-56 E 25.12 Feet to a point marking a point of curve;
Thence along a curve to the right 34.28 Feet, said curve having a central angle
of 28-08-20, a radius 69.80 Feet, tangents of 17.49 Feet and a long chord of
33.94 Feet bearing S 88-47-54 E to a point of tangent;
Thence S 74-43-44 E 46.27 Feet to a point;
Thence leaving said centerline of Safford Sub Lateral S 0-30-11 W 146.44
Feet to a point;
J -U -B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I — Boise, Idaho 83709
Project: 18021
Date: August 16, 1990
Page: 2 - Description for Golf View Estates Tentative Plat
Thence leaving said Westerly boundary of the Amended Plat of Cherry Lane Village
No. 1 Subdivision N 52-01-07 W 372.47 Feet along the Northerly boundary of
said Golf View Estates Subdivision to an iron pin;
Thence leaving said Northerly boundary of Golf View Estates Subdivision along the
following courses and distances along the Westerly boundary of said Golf View
Estates Subdivision to iron pins S 37-58-53 W 275.40 Feet;
Thence S 26-13-23 W 110.76 Feet;
Thence S 20-32-06 W 110.43 Feet;
Thence S 12-51-01 W 110.43 Feet;
Thence S 5-09-56 W 110.43 Feet;
Thence S 2-31-09 E 110.43 Feet;
Thence S 0-50-41 W 108.35 Feet;
Thence S 0-18-09 E 50.00 Feet;
Thence S 89-41-51 E 20.54 Feet;
Thence S 0-19-53 W 185.64 Feet to an iron pin on said Southerly boundary
of the SW 1/4;
Thence N 89-14-51 W 735.81 Feet along said Southerly boundary of the SW 1/4
to the point of beginning, comprising 37.49 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above described parcel of land.
JTE/DGB:ss
Prepared by:
J -U -B ENGINEERS, Inc.
John T. Eddy, P.L.S.
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PRELIMINARY & FINAL PLAT
GOLF VIEW ESTATES
COMMENTS
1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED:
IDAHO POWER • P - •UIRE 10! WIDE PUBLIC E ALONG ALL LOT
LINES ADJACENT TO MAD - H i•
5: CITY ENGINEER: SEE ATTACHED:
6: POLICE DEPARTMENT: HAVE NO PROBLEMS WITH THIS DEVELOPMENT:
7: FIRE DEPARTMENT: THIS IS OUTSIDE THE 12 MILES FOR IDAHO S & R FROM OUR STATION
DOWTICWN:
8: SETTLERS IRRIGATION: SEE ATTACHED:
9: PUBLIC HEARING HELD DECEMBER 12, 1989 BEFORE THE PLANNING & ZONING Ca4M:SSION
THEY RECOMMEDNED THIS APPLICATION BE APPROVED:
CHARLES L. WINDER.. President
DWIGHT V. BOARD, Vice President
GLENN J. RHODES. Secretary
ll
Regency Construction, Inc.
PO Box 45247
Boise ID 83711
Re: GOLF VIEW ESTATES - PRELIMINARY PLAT
ADA COUNTY, IDAHO
August 7, 1989
On July 27, 1989, the Commissioners of the Ada County Highway District (here-
after called "District") approved the Preliminary Plat subject to the condi-
tions as stated below:
SITE SPECIFIC CONDITIONS:
1. Provide -by dedication 33 -feet of right-of-way from the centerline of
Cherry Lane abutting parcel.
2. Provide curb, gutter, 5 -foot sidewalk, and match paving on Cherry Lane
abutting parcel_ ' Provide 1/2 of a 52 -foot back-to-back roadway section.
STANDARD CONDITIONS:
1. Improvements to the dedicated right-of-way to be designed and construct-
ed to ACHD standards and specifications.
2. All dedicated streets to be constructed and designed to ACHD standards
and specifications.
3. All specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to Ada County Highway
District are to be sealed, signed and dated by a Registered Profession-
al Engineer or Professional Land Surveyor, in accordance with Idaho
Code 54-1215.
4. Obtain written approval from irrigation/drainage jurisdiction for storm
runoff into irrigation/drainage system(s).
5. Relocate all obstructions outside of the proposed street improvements.
Prior to relocation, obtain written permission from the applicable
jurisdiction.
ada county highway district
318 Eas! 37th • Boise, Idaho 83714 • Phone (208) 345-7680
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Regency ConstructiInc.
August 7, 1989
Page 2
A
6. Relocate all irrigation/drainage structures outside of the public right-
of-way. Prior to relocation, obtain written approval from the applica-
ble jurisdiction.
7. Provide for the continuation of all existing irrigation and drainage
systems across parcel.
B. Submit 3 -sets of stregt construction plans for review and approval by
the District.
9. Direct lot access to Cherry Lane is prohibited. Delineate on the final
plat.
10. Driveways to be located a minimum of 5 -feet from the property line.
11. Approval of this preliminary plat is subject to the condition that if
ACHD standards for subdivisions are revised prior to submittals of
final plats, revised standards will be followed in preparing the final
plats.
12. Approval of development plans at preliminary or final stage is only for
general conformance with District standard specifications and general
compliance with minimum standard requirements. The developer, the
engineer, and/or contractor, as their interests may appear, remain
responsible, individually and _collectively _for desi-gns, dimensions,
quality and satisfactory performance of the development.
13. Provide to the District a copy of the recorded plat. The District will
not install street name signs until it can verify the proper street
names_
14. Any work within ACRD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 345-7667. CU, DR, or PDC file number required.
15. A request for any modification, variance or waiver of any requirement
or policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commission
action. The request.shall include a statement as to -why a requirement
would result in substantial hardship or inequity. If you have any
questions or comments, please contact the Development Services section
at 345-7662.
16. Provide, for review and approval by the District, adequate drainage
plans and hydraulic computations encompassing the pertinent drainage
basin parameters in the area of the proposed development. The plans
and computations required hereby must include existing and proposed
drainage patterns, runoff factors, generated flows and planned methods
of conveyance to the point of final disposal.
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Regency ConstructiInc.
August 7, 1989
Page 3
In order that the Final Plat may be considered by the District for accep-
tance, the Developer shall cause the following applicable / standard condi-
tions to be satisfied prior to District certification and endorsement:
1. Drainage plans shall be submitted and subject to review and approval by
the District.
2. If public street improvements are rewired: Prior to any construction
within the existing or proposed public right-ofway, the following shall
be submitted and subject to review and approval by the District:
a. Two complete sets of detailed street construction drawings pre-
pared by an Idaho Registered Professional Engineer, together
with payment of plan review fee.
b_ Execute an Inspection Agreement between the Developer and the
District together with initial payment deposit -for inspection
and/or testing services.
C. Complete -all street improvements to the satisfaction of the Dis-
trict, or execute Surety Agreement between the Developer and the
District to guarantee the completion of construction of all street
improvements.
3. Furnish copy of Final Plat_ showing street names as approved by the
Local Government Agency having such authority together with payment
of fee charged for the manufacturing and installation of all street
signs, as required.
4. If Public Road Trust Fund deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount speci-
fied by the District.
5. Furnish easements, agreements, and all other datum or documents as
required by the District.
6. Furnish Final Plat drawings for District acceptance, certifications,
and endorsement. The final plat must csrntain the signed endorsement of
the Owner's and Land Surveyor's certification.
7. Approval of the plat is valid for one year. An extension of one year
will be considered by the Commission is requested within 15 -days prior
to the expiration date.
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SETTLERS' IRRIGATION DISTRICT
P. O. BOX 7571 BOISE. IDAHO 83707
PHONE 344-2471
Auctust 2, 1989
Mr. Gary Smith
City of Meridian
Department of Planning & Zoning
33 East Idaho Street
Meridian, Idaho 83642
Re: Golfview Subdivision --preliminary plans
Dear Mr. Smith:
The Board of Directors of Settlers Irrigation District
has reviewed the preliminary plans for the Golfview
Subdivision and find them unacceptable as they relate to the
Settlers canal. The Board is opposed to having a filled
ditch. In addition, the Board requests that the canal follow
the same basic channel upon completion of the subdivision as
it does presently.
If you have any questions, please phone me at 375-2375.
Sincerely,
Don Smitchger, Chairman
Settlers Irrigation District
2
0
SETTLERS' IRRIGATION DISTRICT
P. O. BOX 7571 0 BOISE. IDAHO 83707
PHONE 344-2471
September 1,-1989
Gary Smith -
City of Meridian =
33 East Idaho
Meridian, Idaho_ 83642
Re: Final plat Golf -View Estates
Dear -Mr. Smith:
After receiving -the letter you sent about final -plat approval
-for Golf View Estates, I talked to John T. Eddy Corporate
- Surveyor -for JUB Engineers who informed me -that- Settler -s
should receive development_plans including alterations to the
canal within "a week or so ". To- date- we have not approved
any plans for tiling or relocation of the canal through the
subdivision. When an agreement has been reached, you will
be notified.
Sincerely, _
), dpA
� - -
Troy L. Upshaw, Manager
Settlers Irrigation District
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OENNIS MARSHALL
GOLF VIEW ESTATES # 1
C O M M E N T S
1: ADA COUNTY HIGHWAY DISTRICT: NONE RECEIVED AS YET:
2: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED:
3: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER:
4: IDAHO POWER: WE REQUIRE 10 FT WIDE PUBLIC UTILITIES EASEMENT ALONG
ALL LOTS ADJACENT TO ROAD RIGHT-OF-WAY:
5: CITY ENGINEER: SEE ATTACHED:
6: POLICE DEPARTEMNT: HAVE NO PROBLEMS WITH THIS DEVELOPMENT:
7: FIRE DEPARTMENT: THIS IS OUTSIDE OF THE 12 MILES FOR IDAHO S & R
FROM OUR STATION DOWNTOWN:
8: SETTLERS IRRIGATION DISTRICT: SEE ATTACHED
9: PUBLIC HEARING HELD AUGUST 8, 1989 BEFORE PLANNING & ZONING C gAISSION
RECONllvlENDED THIS BE APPROVED BY THE CITY COUNCIL:
10: ADA COUNTY HIGHWAY DISTRICTS ComWTS RECEIVED 8/14/89 ATTACHED:
11: CITY ENGINEERS CONIlENTS ATTACHED ON FINAL PLAT:
1
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CENTRAL DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
Eagle
Rezone #
_
Conditional Use # Meridian
Prel9minary/Final/Sort Plat
1c1 ACz
1,
We have no objections to this proposal.
2.
We recommend denial of this proposal.
3.
Specific knowledge as to the exact type of use must be provided before we can comment on
_
this proposal.
4.
We will require more data concerning soil conditions on this proposal before we can comment.
5,
We will require more data concerning the depth of (high seasonal ground water)(solid lava)
_
from original grade before we can comment concerning individual sewage disposal.
6.
We can approve this proposal for individual sewage disposal to be located (2,4) feet above
_
solid lava layers.
7.
We can approve this proposal for:
sewage Interim sewage Individual sewage _ Community sewage system
_Central
andCentral water Individual water _ Community water well.
8.
Plans for Central sewage Community sewage system Sewage dry lines, and
_
(, Central water u ity water must be submitted to and approved by the Regional
_Com
Health and Welfare Environmental Services Field Office.
9,
Street runoff is not to create a mosquito breeding problem.
10.
This department would recommend deferral until high seasonal ground water can be determined
_
if other considerations indicate approval.
11.
If restroom facilities.are to be installed then a sewage system MUST be installed to meet
_
Idaho State Sewage Regulations.
12.
We will require plans be submitted for a plan review for any (food establishment)(beverage
_
establishment)(swimming pools or spas)(grocery store).
13.
7 X31 g
Reviewed b Date
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CHARLES L. WINDER, President
DWIGHT V. BOARD, Vice President
GLENN J. RHODES, Secretary
Regency Construction, Inc.
PO Box 45247
Boise ID 83711
s
Re: GOLF VIEW ESTATES - PRELIMINARY PLAT
ADA COUNTY, IDAHO
August 7, 1989
On July 27, 1989, the Commissioners of the Ada County Highway District (here-
after called "District") approved the Preliminary Plat subject to the condi-
tions as stated below:
SITE SPECIFIC CONDITIONS:
1. Provide by dedication 33 -feet of right-of-way from the centerline of
Cherry Lane abutting parcel.
2. Provide curb, gutter, 5 -foot sidewalk, and match paving on Cherry Lane
abutting parcel. Provide 1/2 of a 52 -foot back-to-back roadway section.
STANDARD CONDITIONS:
1. Improvements to the dedicated right-of-way to be designed and construct-
ed to ACRD standards and specifications.
2. All dedicated streets to be constructed and designed to ACHD standards
and specifications.
3. All specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to Ada County Highway
District are to be sealed, signed and dated by a Registered Profession-
al Engineer or Professional Land Surveyor, in accordance with Idaho
Code 54-1215.
4. Obtain written approval from irrigation/drainage jurisdiction for storm
runoff into irrigation/drainage system(s).
5. Relocate all obstructions outside of the proposed street improvements.
Prior to relocation, obtain written permission from the applicable
jurisdiction.
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
Regency Constructi� Inc.
August 7, 1989
Page 3
a'
C1
In order that the Final Plat may be considered by the District for accep-
tance, the Developer shall cause the following applicable / standard condi-
tions to be satisfied prior to District certification and endorsement:
1. Drainage plans shall be submitted and subject to review and approval by
the District.
2. If public street improvements are required: Prior to any construction
within the existing or proposed public right-ofway, the following shall
be submitted and subject to review and approval by the District:
a. Two complete sets of detailed street construction drawings pre-
pared by an Idaho Registered Professional Engineer, together
with payment of plan review fee.
b. Execute an Inspection Agreement between the Developer and the
District together with initial payment deposit for inspection
and/or testing services.
C. Complete all street improvements to the satisfaction of the Dis-
trict, or execute Surety Agreement between the Developer and the
District to guarantee the completion of construction of all street
improvements.
3. Furnish copy of Final Plat showing street names as approved by the
Local Government Agency having such authority together with payment
of fee charged for the manufacturing and installation of all street
signs, as required.
4. If Public Road Trust Fund deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount speci-
fied by the District.
5. Furnish easements, agreements, and all other datum or documents as
required by the District.
6. Furnish Final Plat drawings for District acceptance, certifications,
and endorsement. The final plat must contain the signed endorsement of
the Owner's and Land Surveyor's certification.
7. Approval of the plat is valid for one year. An extension of one year
will be considered by the Commission is requested within 15 -days prior
to the expiration date.
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CENTRAL DISTRICT HEALTH DEPAR
TMPT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
_ Rezone #
_ Conditional Use #
Preliminary/FFiDal/Short PlatEs ffe-S
1. We have no objections to this proposal.
2. _ We recommend denial of this proposal.
Return to:
Boise
Eagle
Meridian
Kuna
ACZ
3. _ Specific knowledge as to the exact type of use must be provided before we can comment on
this proposal.
4. We will require more data concerning soil conditions on this proposal before we can comment.
5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
6. We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid, lava layers.
7. We can approve this proposal for:
6nd
Central sewage Interim sewage Individual sewage Community sewage system
Central water Individual water _ Community water well.
8. Plans for _Central sewage Comnamnity sewage system Sewage dry lines, and
Central water _Cammity water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swimming pools or spas)(grocery store).
13.
ami
Reviewed by Date
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NOTICE OF HEARING
so
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning & Zoning Commission 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 7:30 o'clock p.m., on August 8,
1989, for the purpose of reviewing and considering the
Application of Dennis Marshall for a Preliminary Plat North
side of Cherry Lane directly West of Cherry Lane Subdivision
#1, for the approval of approximately 30 residential lots,
Golf View Estates #1 Subdivision. A more particular legal
description for the parcel is on file in the office of the
City Clerk of the City of Meridian and is available upon request.
Public comment will
Dated this da
aken and is welcome.
, 1989.
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SEPTEMBER 19, 1989
PAGE # 8
10
City Engineer: Then there would still be a line of sight to the intersection?
Smock: Yes, there would still be a line of sight to the intersection, the fence would
not extend out to the sidewalk at any point: It would end closer because of the angle:
City Engineer: -I would have to look -at that, our concern was that the people that= -live
in the house to the south of you would have to cross the sidewalk when backing out
before they -could see to the north.
_Phyllis Purvis, 2217 Maxie Place: Purvis was sworn by the Ctiy Attorney:
-Purvis: I am located to the south of the Smock's, I am concerned about them placing a
six foot fence along my driveway, every time I would back out of my driveway there would
be -children playing and I would not be able to them and also any cars oomi_ng around the
_corner, there -is just no way_I could see and it would be a hazzard and also the safety
of the children playing on the sidewalk. The Ordinance calls for a three foot fence.
It -is for safety reasons that I am concerned. -
Tolsma: I think this -is what the City Engineer was eluding to on the 'ten foot setback.
Mayor Kingsford: The major reason for that Ordinance, is our concern and the Public
Hearing is the same as yours and that is safety.
T--lsma: Is your driyeway to the North or the South of the property?
cy
Purvis: My garage -is on the north side of the house: - -
Giesler: I went by there and I am not sure that I would not like to look at this again
after this testimony. I did not particular have a problem the way the City Engineer had
it outlined.
Mayor Kingsford: I think maybe an appropriate way to handle this would be approve it
conditionally maybe upon a ccnmi_ttee, I think we need to have Findings, if you
Councilman Giesler would be willing to do that could I get you and the Chief and the
City Engineer along with the Smocks in working out an arrangement that is satisfactory
to everyone.
Giesler. That would be fine:
Mayor Kingsford: Anyone else frcrn the public who wishes to testify' there was no response,
the Public Hearing was closed.
The Motion was made icy -Morrow and seconded by Myers to have the City Attorney prepare_
-Findings of -Fact and Conclusions of Law and have the formentioned Camnittee work with
the property owners and neighbors t9 resolve this issue. -
Motion Carried: All Yea: -
Item #5: Public Hearing: Preliminary & Final Plat Golf View Estates:
Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the
audience who wishes to testify on this request?
Gary Lee, 1990 Turnberry Way: Lee was worn by the City Attorney:
Lee: I am the project Engineer fran JUB Engineers, the location of this project is
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SEPTEVOER 19, 1989
PAGE # 9
U
North of Cherry Lane and just west of Cherry Lane Village, this project is a little over
12 acres, will consist of 30 single family lots, the density on the property is about
2.5 units per acre, the average lot size will be 12,000 to 13,000 square feet, the access
to the property will be from Chevy Lane Village from Incline Way and also an access
off Cherry lane, street will be improved to ACRID requirements including a trust fund
- set up for Cherry Lane, irrigation to the property consists -of Settlers Lateral and
we have been in contact with then to establish a pipe line diversion around the property,
Snaford Lateral the only thing we will have to install a culvert at Incline Way, the rest
of it will be fenced on the West side of the lateral. Development will be serviced with
City water & sewer, we have done an evaluation on the lift station in Cherry Lane Village
to assure the City Engineer that there is capacity to handle this first -phase. We will
also install a dry line at a deeper depth so that at scene point probably in phase 2 we
will be able to develop a new lift station and divert all the waste frcan Cherry Lane
Village through this -property to a new point of collection. The entry way, there will be
a reserve strip along Cherry Lane 30 feet wide, which is where the pipe Settlers Lateral
will be located, it will -also be a burmed and landscaped entry way.
Mayor -Kingsford: I would just offer up one thing in -regards to the name, I have had
a number of people who have called in and expressed some canplaints about the name ,in
that you are capitalizing on the Golf Course, I assured them it happens all the time.
I thought you ought to know that. The other thing I might pass along in the way of
thought the Mayors scheming on a way to build the second nine out there, we would like
you to think about a lot development fee consideration on that, if we approach from a
standpoint- of a revenue bond that we might retire then fram making the second nine by Iot
development fee. I have addressed that to the canners of adjacent property -in the current
golf- course and future expansion. I think it is appropriate that You be considered in -
that as it would increase the salability of your prope,rty.:there-
Myers: I have a question on the bum you are putting along Cherry Lane, who is going
to maintain that?
Lee: There will be a Hame owners Assocaition established to provide irrigation for the
landscape area as well as maintain it.
Tolsma: Have you resolved your problems with Settler's Irrigation?
Lee: I have been working with the manager of Settler's Irrigation to resolve that issue
and Mr. Sung Johnson is meeting with then tonite and from the managers point of view
there wasn't any problem. Fran an engineering standpoint I believe we have this resolved.
Mayor Kingsford: Is there anyone else from the public who wishes to offer testimony on
this request? There was no response, the Public Hearing was closed.
Tolsma: Has all the re =miendation of the City Engineer been adhered to?
City Engineer: I have the development plans for the -sewer & water and am in the process
-_ of reviewing then now, one of the concerns we -have is the manner the sewage is going to
be handled., we have some parallell lines.
Mayor Kingsford: I would certainly recmmend that if the Council inclination to approve
this that it be conditioned upon -the City Engineer has worked out an acceptable piping
plan.
Giesler: I had a question as to whether the City Attorney had an opportunity to review
the covenants for this.
City Attorney: The covenants that were forwarded to me did not have any reference to a
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SEPTEVOER 19, 1989
PAGE # 9
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North of Cherry Lane and just west of Cherry Lane Village, this project is a little over
12 acres, will consist of 30 single family lots, the density on the property is about
2.5 units per acre, the average lot size will be 12,000 to 13,000 square feet, the access
to the property will be from Chevy Lane Village from Incline Way and also an access
off Cherry lane, street will be improved to ACRID requirements including a trust fund
- set up for Cherry Lane, irrigation to the property consists -of Settlers Lateral and
we have been in contact with then to establish a pipe line diversion around the property,
Snaford Lateral the only thing we will have to install a culvert at Incline Way, the rest
of it will be fenced on the West side of the lateral. Development will be serviced with
City water & sewer, we have done an evaluation on the lift station in Cherry Lane Village
to assure the City Engineer that there is capacity to handle this first -phase. We will
also install a dry line at a deeper depth so that at scene point probably in phase 2 we
will be able to develop a new lift station and divert all the waste frcan Cherry Lane
Village through this -property to a new point of collection. The entry way, there will be
a reserve strip along Cherry Lane 30 feet wide, which is where the pipe Settlers Lateral
will be located, it will -also be a burmed and landscaped entry way.
Mayor -Kingsford: I would just offer up one thing in -regards to the name, I have had
a number of people who have called in and expressed some canplaints about the name ,in
that you are capitalizing on the Golf Course, I assured them it happens all the time.
I thought you ought to know that. The other thing I might pass along in the way of
thought the Mayors scheming on a way to build the second nine out there, we would like
you to think about a lot development fee consideration on that, if we approach from a
standpoint- of a revenue bond that we might retire then fram making the second nine by Iot
development fee. I have addressed that to the canners of adjacent property -in the current
golf- course and future expansion. I think it is appropriate that You be considered in -
that as it would increase the salability of your prope,rty.:there-
Myers: I have a question on the bum you are putting along Cherry Lane, who is going
to maintain that?
Lee: There will be a Hame owners Assocaition established to provide irrigation for the
landscape area as well as maintain it.
Tolsma: Have you resolved your problems with Settler's Irrigation?
Lee: I have been working with the manager of Settler's Irrigation to resolve that issue
and Mr. Sung Johnson is meeting with then tonite and from the managers point of view
there wasn't any problem. Fran an engineering standpoint I believe we have this resolved.
Mayor Kingsford: Is there anyone else from the public who wishes to offer testimony on
this request? There was no response, the Public Hearing was closed.
Tolsma: Has all the re =miendation of the City Engineer been adhered to?
City Engineer: I have the development plans for the -sewer & water and am in the process
-_ of reviewing then now, one of the concerns we -have is the manner the sewage is going to
be handled., we have some parallell lines.
Mayor Kingsford: I would certainly recmmend that if the Council inclination to approve
this that it be conditioned upon -the City Engineer has worked out an acceptable piping
plan.
Giesler: I had a question as to whether the City Attorney had an opportunity to review
the covenants for this.
City Attorney: The covenants that were forwarded to me did not have any reference to a
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SEP'I'OISM 19, 1989
PAGE # 10
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Homeowners Assocation, you are not going to have a Homeowners Association, how are you
going to maintain that front burn?
Dennis Marshall: If I recall it would be the developers:
City Attorney: That was just one dent, in section 3B, it says no trailer , basement -
shack and etc will be allowed as a residence whether to orary or permanent this tends
to allow those types of uses though even not as residence, this is in conflict with -
3A and then the City Engineer had scare comments also.
Marshall: This was not the intent, we will be glad to change that wording.
Mayor Kingsford: I would recommend that you set up a Homeowners Association even if -
the developer agrees to maintain for a certain amount of time or until the subdivision =
is built out after that someone has to take care of that.
Marshall: We will do that; As to,your question on the golf course, we will discuss
that, I do not think wewillhave a problem on that.
4ty Engineer: The name of the declarant is def ferent than those shown on the _plat, _
there is a problem with the legal on line eight of that description, section 7, item
C, reads that piped ditches can only be located in street right -away, the preliminary
plan of Settlers ditch piping is not that way, in section 10, the four feet should
be3 feet, and the twenty five feet shouldbe30 feet. -
-The Motion was made by Myers and seconded by Morrow to approve the preliminary and
final plat on Golf View Estates with the condition that the City Engineers & City-
Attorneys
ityAttorneys comments be incorporated.
Motion Carried: All Yea:
Item #6s Covenants on Golf View Estates:
-Mayor Kingsford: It probably would be appropriate to approve those as discussed and
the comments incorporated within:
The Motion was made by Myers and seconded by Giesler to approve the Covenants for
Golf View Estates conditioned upon review of the City attorney:
Motion Carried: All Yea:
Item _#7: DoHmtown Parking:
Mayor Kingsford: Chief would you advise the Council what has -happened?
Police Chief: Has all the Council received the letter and map that I placed in their
box, there is a small error I failed to circle two signs -by the Masonic Tenple on
Second Street, all the signs on the east side of Second Street we were asked to remove:
There were some businessman that would like us to remove same of the restricted parking
in that area. _
Ted Kildow, Elite Cleaners:
Kildow: I have had a definite parking problem since I bought the cleaners, since the
two hour parking has been enforced I have not had a problem, I have no objection to
the Masonic signs being removed, mostly my side of the street services most of the
businesses as they are located dawn that side and I am sure they have no ccoplaints
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GOLF VIEW ESTATES SUBDIVISION UNIT NO. 1
THIS DECLARATION is made on the date hereinafter set forth by NEW CONCEPTS
DEVELOPERS, INC., an Idaho corporation, hereinafter referred to as "Declarant"; _
WITNESSETH:
WHEREAS, Declarant is the Owner of certain real property situated in the city
of Meridian, County of Ada, State of Idaho, which is more particularly described ass
A tract of land situated in the SW 1/4 of Section 3; T.3N., R.1W., B.M., _
Meridian, Ada County, Idaho described as follows:
Commencing at the S 1/4 corner of said Section 3; thence along the Southerly
line of said Section 3 -North 89'41'51" West a distance of -330.63 feet to a point;
thence leaving said Southerly line along the Westerly line of the amended plat of a
portion of Cherry Lane Village No._1 Subdivision, on file icor record in Book 45 at
pages 3647 and 3648, in the office of the Ada County Recorder, Boise, Idaho, North
0'28153" East a distance of 870.00 feet to a point; thence leaving said Westerly line
North 52'01107" West a distance of 390.00 feet to a point; thence South 37'58153
West -a distance of 400.00 feet to a point; thence South 11'25101" West a distance
195.47 feet to a_point3 thence South 0'2-8153" West_a distance of_600.00 feet to a
point on the Southerly line of said Section 3; thence along said Southerly line South
e
69'41'51" East a_distance of 590.00 feet to the REAL POINT -OP BEGINNING, comprising
12.93 acres, more or less, subject to all existing easements and rights-of-vay of
record or appearing on said parcel.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold
and conveyed subject to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of, and which shall
run with and bind, the -Property and each and every part, parcel and Lot thereof, and be
binding on all parties having. any right, title or interest in the Property or any part,
parcel or Lot thereof, their heirs, successors and assigns, and shall inure to the
benefit -of each Owner thereof. Modification of these covenants can only be made with
the consent of the Declarant while any Lots in this subdivision remain in the ownership
of the Declarant. These covenants or any provision thereof, as from time to time in
effect with respect to all or any part of Golf View Estates Subdivision Unit No. 1 may
be amended or repealed only by duly recording an instrument which contains an agreement
providing for terminations of revocation or amendment which is signed by the Owners of
not less than seventy-five percent (75%) -of the --Lots. _
Section 1. Definitions.
A: -"Declarant" shall mean New Concepts Developers, Inc., their successors
and assigns. -
B: "Owner" shall mean the owner of records whether one or more persons or
entities, of a fee simple title to any lot which is a part of Golf -View Estates
Subdivision Unit No. 1, including contract sellers. -
C: "Golf View Estates Subdivision Unit No. P shall mean all real property now
and hereafter contained in the plate of Golf View Estates Subdivision Unit No. 1d,
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 1
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D: "Lot" shall mean plats of land designated for residential use within Golf
View Estates Subdivision Unit No. 1 and identified on the plats thereof.
E: These Covenants" shall mean the Protective Covenants, Conditions and
Restrictions as set forth in this Declaration with respect to Golf View Estates
Subdivision Unit No. 1, together with the Architectural Control Committee rules as set
forth in Section 2 hereof, as the same may be amended and supplemented from time to
time in accordance with the provisions of this Declaration.
Section 2. Architectural Control Committee -
A: Membership: Appointment and Removal. The Architectural Control Committee
shall consist of as many persona, not less than three, as the Declarant may from time
to time appoint. Declarant may remove any member of the Committee from office at any
time, and may appoint new or additional members at any time. Declarant shall keep on
file at its principal office a list -of names and addresses of members of the Committee -
The powers and duties of such Committee shall cease -in one year, or prior at Declarant's
sole discretion, after completion of construction of all the single family dwellings,
and the sale of said dwellings to the initial owner/occupant on all of the building
sites within Golf -View Estates Subdivision Unit No. 1. Any two members of the Architec-
tural Control Committee shall have -power to act on behalf of the Committee, without the
necessity of meeting and without the -necessity of consulting the remaining members of
the Committee. The Committee may render its decision only by written instrument setting
forth the action taken by the members consenting thereto.
B: All pians and specifications for approval by the Committee must be submitted
at least twenty (20) days prior_to the proposed construction starting date.
C: Neither the Committee nor any member thereof shall be liable to any -owner,
occupant, builder or Declarant for -any damage, loss of prejudice suffered or claimed on
account of any action or -failure to act of the Committee or a member thereof, provided
-only that the member has, in accordance with the actual knowledge possessed -by him,
acted in good faith.
Section 3. Land Use And Building Restrictions.
A: All lots shall be used for residential purposes. No building shall be
erected, altered, placed or permitted to remain on any lot other than one detached
single family dwelling not to exceed two (2) stories in height, and a private garage
for not less than two cars.
B: No trailer, basement, tent, shack, garage, barn or other outbuilding
erected on a Lot shall at any time be used as a residence, temporarily or permanently,
nor shall any residence of a temporary character be permitted. No building of any kind
shall be erected or maintained on a building site prior to the construction of the
dwelling house thereon.
C: No building material of any kind shall be placed or stored upon a building
site until the builder is ready and able to commence construction. The Architectural
Control Committee or its agents, shall have the right to enter upon any vacant building
site for the purpose_of burning or removing weeds, brush, growth or refuse.
D: The foregoing provisions shall not exclude construction of a private green-
house, storage unit, private swimming pool or port -for the protection of such swimming
pool, provided that the location of such structure is.in conformity with the applicable
municipal regulations, and is_compatibie in design and
decoration with the residence
constructed on such lot, and has been approved by the Architectural Control Committee.
E. The provisions of this section shall -not be deemed to prohibit the right of
any home builder to construct residences on any lot, to store construction materials
and equipment on said lots in the normal course of construction and to use any single
family residences as a sales office or model home for the purposes of sales in Golf
View Estates Subdivision Unit No. I. Further, no structure which exceeds one story in
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 2
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height shall be erected upon any corner lot unless approved in writing by the Archi-
tectural Control Committee. "Corner Lot" for purposes of this provision means any lot
two sides of which are contiguous to dedicated streets. Each house in this subdivision
shall include some stucco, brick or stone on the front exposure and roofs of at least
4 in 12 pitch. The configuration, style and finish of each proposed building or
structure on each lot shall be subject to architectural control committee approval.
_Said Property shall be used in such manner as to be inoffensive to any other property
Owners in the Project.
Section 4. Minimum Building Size. Each single family dwelling structure erected
upon a lot shall satisfy the minimum floor area requirements of the Architectural Control
Committee established in accordance with the provisions of Section 2 hereof,_ provided,
however, that in no event shall the required floor area be less than one thousand seven
hundred (1,700) square -feet of ground floor area in the case of a one-story house, nor
less than one thousand nine hundred (1,900) square feet of floor area in the case of a
two-story or tri -level house exclusive of garages, patios, breezeways, storage rooms,
porches and similar structures. No split level homes to be allowed.
Section -5.- Building Location. No building will'be located on any lot nearer than
twenty-five (25) feet to the front lot line or nearer than twenty (20) feet to the rear
lot line. On corner -lots the street side lot line shall be a minimum of twenty-five (25)
feet. Single story homes will have a minimum of five (5) feet from one side lot line
and ten (10) feet from the other side lot line, however no homes shall be built nearer
than fifteen (15) -feet to any existing home. Two-story homes to have a_minimum of ten
(10) feet -on each side lot line. For the purpose of this section, eaves, steps, -
chimneys and gutters shall -not be considered as a part of the buildings provided, however,
that this shall not be construed to permit any eaves steps, chimneys or gutters or any
portion of the building on any site to encroach upon -any other site. Open patios shall
not be considered as a part of the building, but any open patio which would extend be-
yond the building lines as herein established shall, prior to construction, require the
approval of the Architectural Control Committee.
Section 6. Prosecution of Construction Work. The construction of the dwelling
and associated structures shall be prosecuted diligently and continuously from time of
commencement thereof until such dwelling and associated structures are fully completed
and painted. All structures shall be completed, including finished painting, within six
(6) months from -the date of commencement of construction, unless prevented by causes
beyond the control of the Owner or builder and only for such time as that cause continues.
Section 7. Excavation: Ditches. No excavation for stone, sand, gravel, earth
or minerals shall be made upon a lot unless such excavation is necessary in connection
with the construction of an approved structure thereon. No irrigation drain or waste
water shall be permitted to flow in open ditches to or on -any lot or tract in said
subdivision and may be transmitted only -as follows:
(a) Ditches, if any, shall be -constructed at sufficient depth underground so as
- not to interfere with the use of such ground.
(b) Ditches, if any, to be carried in a sealed underground conduit. -
(c) Ditches, if any, to be located only within easement of street -right-of-way
lines as shown on the plat of said subdivision.
(d) The cost of constructing such ditches, if any, shall be paid by the parties
installing the same. Declarant is under no obligation to deliver irrigation
water to or furnish rights-of-way to any of•the property.
(e) That the purchaser of the lot must remain subject to all assessments levied
by the irrigation entity.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS -3
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(f) That the purchaser shall be responsible to pay such legal assessments..
(g) That the assessments are a lien on the land within the purview of the
irrigation entity and as provided for by law.
Section 8. Unsightly Structures or Practices. No unsightliness shall be
permitted on any -lot. Without limiting the generality of the foregoing, all unsightly
facilities, equipment or structures shall be enclosed within approved structures or
appropriately screened from view. All refuse, garbage and trash shall be kept at all
times in covered, reasonably noiseless containers, which shall be kept and maintained
within an enclosed structure or appropriately screened from view, except when necessarily
placed for pickup by garbage removal services. Storage piles, compost piles.and facili-
ties for hanging, drying or airing clothing or household fabrics shall be appropriately
screened from view. No lumber, firewood, grass, shrubs or tree clippings shall be kept,
stored or allowed to accumulate on any lot unless appropriately screened, as approved
by the Architectural Control Committee.
Section 9. -Vehicle and Equipment Parking. No -campers, recreational -vehicles,
trailers, boats, motorcycles, snowmobiles, snow removal equipment, golf carts, mainten-
ance equipment, or similar equipment, and no junk cars or other unsightly vehicles shall
be parked on any lot unless fully enclosed in a garage or fenced rear yard on said lot,
and shall not be parked on any street adjacent thereto. All other parking of equipment
shall be prohibited, except as approved in writing by the Architectural Control Committee.
No parking areas or driveways shall be constructed or maintained except as approved by
the Architectural Control Committee. Parking bays_are prohibited in area -s between side
lot lines and buildings or driveways
Section 10. Fences; Hedges. No fence, hedge or boundary wall situated anywhere
upon any lot shall have a height greater than six (6) feet, or such other lesser heights
as the Architectural Control Committee may specify, above the finished graded surface
of the ground upon which such fence, hedge or wail is situated. Chain-link fences are
hereby prohibited on any residential lot, except where required by the Declarant or any
public agency in order to secure utility sites, irrigation or drainage facilities or
other public use as deemed necessary. All fences shall be of vertical cedar design
and construction. No fences of basket -weave design shall be allowed. No fence shall be
constructed so as to extend toward the front of the lot past the front plane of the
dwelling structure constructed thereon. On corner lots no fence shall be constructed so
as to extend toward the front of the lot past the front plane of the dwelling, or on the
street side line stop at the rear plane of the dwelling, and no closer to the side line
than ten (10) feet. No fence, wall, hedge, or shrub planting with an elevation above
three (3) feet shall be permitted in front of building set -back requirements without
special written consent of the Architectural Control Committee. No fence, wall, hedge,
or shrub planting which obstructs sight lines at an elevation between four (4) and eight
(8) feet above the roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line connecting
them at points twenty-five (25) feet from the intersection of the Btreet lines or, in the
case of -a rounded property corner, from the intersection of the street property lines
extended. - -
Section 11. OffensiveActivity. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which may be, or may become -
an annoyance or a nuisance to the neighborhood.
Section 12. Signs. No sign of any kind shall be displayed to the public view
on any lot or improvement, except one professional sign of not more than six (6) square
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 4
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feet advertising the property for sale. This restriction shall not prohibit the
temporary placement of political signs on any lot by the owner, or placement of a
professional sign by the Declarant, which must comply with the local sign ordinances.
This restriction does not apply to signs used by the builders during the construction
and sales.
Section 13. Business and Commercial Uses. No trade, craft, business, profession,
commercial or -similar activity of any kind shall be conducted on any -lot, nor shall any
goods, equipment, vehicles, materials or supplies used in connection with any trade,
service or business be kept or stored on any Lot, excepting the right of any home builder
and the Declarant to construct residences on any lot, to store construction materials
and equipment on said lots and the normal course of said construction.
Section 14. Animals. 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 such pets are not kept, bred -or maintained for any commercial
purpose. Not -more than two (2) dogs, cats or other household pets shall be kept by any
_individual household= nor shall any domesticated animals be kept which unreasonable
bother or constitute a nuisance to other owners of other -lots. Any such household pets
shall be kept on leashes at any time that they are within the project and outside the
boundaries of owner's lot. It shall be the obligation of each owner to control his pet.
Section 15. Landscaping. Landscaping of front yard is to be completed within
forty-five 5) days of substantial completion of home, or within forty-five days of
occupancy, to include sod in the front yard, (and side yards adjacent to the street on -
corner lots), one ornamental tree of at -least 1%-" caliper or pine tree of at least six
(6) feet in height, three (3) five gallon plants and five (5) -one gallon shrubs. Berms
and sculptured planting areas are encouraged. In the event of undue hartship due to -
weather conditions, this provision may be extended for a reasonable -length of time upon
written approval of the Architectural Committee. Grass will be planted in the back
yard within six (6) months occupancy.
Section 16. Antennas. Exterior antennas shall not be permitted to be placed
upon the roof of any structure on any lot so as to be visible from the street. T.V.
dish antennas will be permitted in rear fenced yards only, but not to be more than ten
(10) feet in height above natural grade.
Section 17. Exterior Finish. The exterior of all construction on any lot shall
be designed, built, and maintained in such a manner as to blend in with the natural
surroundings, existing structures and landscaping. Exterior colors shall be of the
fiat, non -gloss type and shall be limited to subdued tones. Exterior colors must be
approved by the Architectural Control Committee in accordance with the provisions of
this Section. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the
exterior finish of garages and other accessory buildings shall be designed built and
maintained to be compatible with the exterior of the structure they adjoin.
Section 18. Roofing. Only shake -or the roofing shall be used on any structure
constructed on a lot unless approved otherwise in writing, by the Architectural Control
-Committee beforehand. -
Section 19. Yard Lights. Upon completion of a residential structure a yard
light shall be installed in a location not more that six (6) feet from the inside of the
sidewalk, and adjacent to, the driveway of such premises. Yard lights shall be photo
electric cell not less than 60 watt, model approved by the Architectural Control
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 5
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construction of each particular structure. Lot owners shall be required to immediately
replace burned -out light bulbs and any defective equipment in or pertaining to the yard
light which causes the yard light not to function during night hours. Yard light Miall
be electrically wired directly to the residence's electrical breWW panel and owly With
the National Electrical Code.
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DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTION$ - 6
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STATE OF IDAHO)
S.S.
County of Ada ) -
On this day of , 19 , before me, a Notary Public in and
for the State of Idaho personally appeared Elliott A. Sheffield and Dennis Marshall,
known to me to be the persons whose names are subscribed to the foregoing instrument,
and acknowledged to me that they executed the same.
Notary Public for Idaho
Residing at , Idaho -
My bond expires:--
DECLARATION
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DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 7
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O J -U -B ENGINEERS, INC. 0
250 South Beechwood Avenue, Sults I • Boise, Idaho 83709 • Telephone (208) 376-7330
September 15, 1989
Mr. Gary Smith, P.E.
City Engineer
City of Meridian -
33 E. Idaho -
Meridian,- Idaho - 83642
RECEIVED BY
I. CITY OF MERIDIAN
Re: GOLF VIEW_ ESTATES NO-1-
Sewer
0. -1_Sewer & Water Improvement Drawings -
Dear Mr. Smith: - -
Enclosed for your review, are two copies of the Sewer & Water Improvement
Drawings for the GOLF VIEW ESTATES NO-. 1 -Subdivision. The street and irrigation
design drawings will follow -next week.At your request, we have evaluated the capacity and anticipated future
hydraulic loading on the existing sewage lift station located in Cherry Lane
Village. An analysis of our performance test and calculations is also attached
for your use and review.
Please call if you have any questions.
Sincerely,
J -U -B ENGINEERS, Inc.
Gar �e, P.E./L.S. -
Gary - -
GAL:sg-
Project #14987 - - - -
0 0.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of meridian and the laws of the State of Idaho, that the
City Council of the City of meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, 1Ji,.:ridian,
Idaho, at the hour of 7:30 o'clock p.m., on September 19, 1989,
for the purpose of reviewing and considering the ApplicatiOrl Of
Dennis [Marshall for a preliminary plat and final plat of Golf
view Estates #1 which is generally located north of Cherry Lane
VilljAyk-- #1 on the w(z!st, for approval Of approximately 3U lots.
A more particular legal description for the par;.; A is on fill:-- in
the office of the city Clerk of the City 01 meridian and is
available upon request.
Public coaulle6t will be taken and is welcolft:�—
U,
DATED this16 U day of August, 1989.
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Richard & Alice Elliott
1720 Interlachen
Meridian, ID 83642
Zoey Murray
1920 Interlachen
Meridian, ID 83642
Della Taylor
1925 Interlachen
Meridian, ID 83642
Pearl Cooper .`
1935 Interlachen
Meridian, ID 83642
David & Janice Bodine
1971 Interlachen
Meridian, ID- 83642
Dana Roy
1760 Interlachen
Meridian, ID 83642
Robert & Michiyo Fuerstenau
1866 Interlachen
Meridian , ID 83642
Anna Kunkel
1921 Interlachen
Meridian, ID 83642
Robert & Virginia Taylor
1931 Interlachen
Meridian, ID 83642
Guy Walker
1951 Interlachen
Meridian, ID 83642
A & G Invest. Donald & Kathryn Kunkel
P.O. Bog 196 1975 Interlachen
Kuna, ID 83642 Meridian, ID 83642
Tinnvn�S pi4U'S Richard Murdoch
1990 Turnberry _.--- ------ .___1940_ Interlachen
Meridian, ID 83642 Meridian, ID 83642
Paul White Susanne & Matt Davis
c/o White -Riedel 1990 Turnberry
2675 Main Meridian, ID 83642
Boise, ID 83702._.-
A
io.9 1434
THIS INDENTURE, Made this /1,Q day of �OA
jin the year of our Lord one thousand nine hundred and Seventy-one , between
JOHN NILS CLAM and PATRICIA R. CLARK, Husband and Wife,
o; meridian , Con" of Ada , State of Idaho
the part Los of tine first part, and j
BOBBY A. LAMPE, a single man, II`
i
of Peridian . County of Ada . State of Idaho
the party of the second pert.
WITNESSURI. That the add part iss of the first part, for and in eormmentaou on :ne sum oz
Ten (10)------- DOLLARS
lawful money of the United States of Amedea, and other valuable consideration
to them In hand paid by the said
Ipart Y of tho second part, the receipt whereof is hereby acknowledged, he ve granted, bargained
and sold, and by these presents do grant. bargain. sell. convey and confirm unto the said part y
Iof the second part, and to his heirs and assigns forever, ell of the followinq described real estate,
situated in , County of Ada , State of Idaho, to -wit:
I Commencing at the Northwest Corner of the Southeast
Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of
Section Three (3), Township Three (3) North, Range
r one (1) West of the Boise Meridian in Ada County, Idaho;
.I thence
I North Two and 27/100 chains; thence
East Forty (40) rode; thence
South Two and 27/100 chains; thence
East Twenty (20) rods= thence
j South Eight} (80) rods; thence
I} West Sixty (60) rods; thence
I North Eighty (80) rods to the Place of Beginning.
Together with all water, water rights, ditches and ditch rights
of way appurtenant thereto or connected therewith.
Subject to easement for public road as set forth in
instrument recorded in records of Ada County, Idaho, as
Instrument No. 500283; Mortgage recorded in records of
Ada County, Idaho, as Instrument No. 6654511 and accruing
taxes and assessments.
I
Tlt(a:rliFlt, With all and sineular the tenements, hereditaments and appurtenances thereunto
la.lon .;+1,g or to anywise appertaining. the reversion and reversions, remainder and remnindets, rents.
i .,,,•; and prolils thereof: and all estate, right, title and interest in and to the said property, as well
in la •t as in equity. of the said parties of the tits+ part.
'111 IIACI•: AXI) TO 111)1.), All and singular the attove mentioned and descrihtvl premises together with
Ih1 ;ant rt, n:u+rte unto the. hart y of the smond part, and to his hvir.: and nssiens form -t -r.
\+•f +in• pwa ieS of rhe• fir::r Dart, and their.,6rs, shad :and will warrant :and h\ these present%
I,.1,• •11.4.1,11 Ow,
sial•, in r In• .loi1•t :and poael•ahle 1N,..e•��ion of the parr y of 1 he seroml part,
r:• ..�1.1 :1- iurl" :aa•:1,n>r tun• part ieS of rhe first part, and theirhear,, and against all :and 1•ter}'
I•. r ••, :1rut 1.1.,th.•m...1•c.•1., lam, hillY .•I;licnioV IIw :amt• shall :and will 11'A1,I;ANT and M these prtst•n-
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IN WITNESS WHEREOF, The said parties of the first part have hereunto set theixhands
X11*1111111 the day and year first above written.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE Or
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,faAcce,41ee�,44.k ---- ESM*
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S I
TATF OF IDAII0
(,lvxlllty of Ada
On this c) -V& day (if in the Year 1971 ine
at Notary Public
in and for Ltaidst-tte. personalh appetreet JOHN N1Lr- CLARK AND PATRICIA K. CLARK
known to me 1,0 he tele 1'els"'ll a whose nanies are All"WilyNA it] the
acknowledged to me that thly exectIte(I the same.
IN 1N*11'%1•:.*-- WHEREOF. I have heicil"to set Illy h.mil and affixed ni.v official $eal, the day '111d
year in this certificate first .0xive written.
pilitlic fLgr he State of Idaho.
Residing at Idaho
JL1
Aw *MO
ManAred by Alexander Clerk Business Forms • Boise, Idaho • (#322.0611
REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY 19
(This form to be used ONLY by members of the National Association of REALTORS) °i.Me
This contract stipulates the terms of sale of the propsrty. Read carefully before signing (Including' formation reverse aide). This is a legally binding contract. IF YOU
i
ANY QUESTIONS, CONSU T YOU ATTORNEY SEFOR SIGNING. r 2
IdH O 19 3
4
(he alter called "Bu e " a ees to purchege, aryl the nde a ned S Iter gr es to ell the following d o Ip a estate erein er referred as "premise$" e
cam known as CA a
City of County of I aho legally deacribed as; 7
a
(A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer 9
hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the/legal description to
previously entered if erroneous or Incomplete.) �,,•, �""�I �o � /��_a�r�F� � 1Q
EARNEST MONEY.
(a) Buy r hereby deposits as earnest money and a receipt is hereby acknowledged of' dollars t3
($ ) evidenced by: D Cash O Personal Check 0Cashiers' Check�Note Due O ar 14
(b) Earnest Money to be deposited In trust account upon acceptance by all partls shall be held b Isting Bra r (ling Broker DOther to
for the benefit of the parties hereto, an: . —,I" V (Broker) to
shall hold the completely executed broker's copy of this agreement and is responsible for the Joe ng. 17
(c) If all conditions have been
met by Buyer, Buyer and Seller agree that the earnest money (leas credit report lose, and any other Buyer's costs) shalt be refunded to Buyer In is
the event the financing c emplated herein by Buyer Is not obtainable. to
(d) The parties agree that .Title Congany shall provide said title policy and preliminary report of commitment and the "cloaing 20
ag r thio traneacti a If a Fong term escrow/ collection Is Involed, then the escrow holder ehpil be 21
� 22
1. TOTAL PURCHASE PRICE IS (S`1 23
payable a$ a �
24
a, Cash dawn, Including above Earnest Money (Closing costs are additional). 20
b, $ Balance of the purchase price (M.I.P. not Included). n
2. F LING. a a eM is oontin at upon Buy qualifying for: 27
Q Q VA DC+onven onal D WA. Pur haas Iowan
be
as noted a e for a pe d of ears at 96 per amlu . pf FHA, VA I%Imsan9M, 2s
read a applicable prcal lane 0n the ae 61db tlareo ) Buyer shall no more the Into plus prl tion lea II star. If to pay onloufttpaints ceseary in order obtain above scribed linen Ing but not to a ceodDBuyer t ASSUMEandD IIDwillnot tra utred to qufy for an EXIS O LOANS) f approzimetely at rro mare n 9nthy st
peymen;a approximately $ : TWeagr merit D!s O is of contingen upon Lender rel asing Setter's eblttty. 3Q
Type of loan rghallapply rs h can or gumption hill three(3)ba day$ all Iler's $coapt a of t_ 33
OTHER FINANCING, TERMS & CONDITIONS: at 34
- as
3e
37
38
3. TNIS AGREEMENT D10010 not CONTOWNT upon sale and closing of an or before ss
listed with 40
(N a contingency is noted please read applicable Itiortstn Pare�epl! # 16 ori r@verse side. NOTE: Any waiver by the Buyer under this a lon will be a waiver of ALL 41
4. EC 1 Y INCLUDE IN SSA E t FHAlYA financing is sought see hem # 14 an reverse , 443
2
nti!Hfancies, Including financing.)( %�;
If
side): ��-`'1,
44
6. ITEMS SPECIFI LY CL IN THIS SALE ° y . + 4e
S. COSTS PAID BY: Costa in addition to those listed below maybe incurred by Buyer and Seller. Unless otherwise agreed herain,or provided bylaw or required by lender, 4$
Buyer shell purchase Seller's reserve account If loan assumption. 47
-- A./ _ ^---- --'- ,---•__J_J ----- �,.,_ e_,t_.. --_..__._J AJJb{ _I ,t.....ew ti" See hem # 17 an reverse aide. 46
N requested by lender or otherwise stated hereon ,the below costa will be paid as Indicated.
City/County Contract and/or Closing Long Term Lender or
Casts Loan Wall PUmp/inspect Gude Inspect. Document Agent's Escrow Code
Pall By Appraisal Assumpt. Inspect. Septic N required Prep. Fee Few Repairs
tttiYEN _
WA
Sim
Sw LOWY
a
50
at
$2
Coal of lender or code repairs not to exceed d _ Discount points to be paid as agreed on line 29 and 30. SELLER UNDERSTAND$
$3
that" a resullotanycityoraountyhwPscVmmhE AYOEREDU/REDTDMAKEREPA}RSt theprop lnordertocom I the V RORNOTA
SALE IS COMPLETED (/HOER THIS AGREEMENT : '`�,'�'"_, �
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7. POSSESSION. Buyer Shall be entitled to P098904101 On closing D other " "Cloeinp„ means the d on whish e i documents ata
6$
either recorded or accepted by an escrow agpot rasdthe proceeds are available to Seller. Taxes and water assessments (using the last availab as88titlnellt a$ a
67
basis), rants, insurance Rremiums, Interest and owarvee on liens, encumbrances or obligations assumed and utilities shall be prorated as of
to
Buyer shall pay for fuel In tank; amount to be determined by the supplier at Self's as. -
as
S. CLOSING. On or before the closinLcdate, Buyer 9Q Seller shapg dep It with the closing agent all funds and instruments necessary to complete the sale. The
ao
closing date shall be no later than f.�,�l�wl�r' 7 & /1
et
9. ACCEPTANCE. Buyer's ower is made sub�$t to the acceptance of Setter on or before 12:00 o'clock midnight of j N Seller does
offer (if any) Is made sublogt to the
82
e3
not accept this agreement within the time 4periified,, the entire Earnest Money shall be refunded to Buyer on demand. Sells , .count
acceptance of Buyer on or before 12:W o'clock midnight of TIME IS OF HE ESSENCE OF THIS AGREEMENT..
e4
10. IMPORTANT - AGENCY DISCLOSURE. At the time of staining}Is agreement the agent working with the buyer represented .--- —
as
and the agent working with the seller represented vorl Each party signing this document con s that prior written disclosure
of agency was her' tht ran ction. Each party to this transaction has read and undersf da the tents o the ancy dl loaure brochure pre oue►y
se
e7
received.
ve
kdedtohim!
Ustin Age cy 8ellin a '��
By: Phone: GT
7o
Buyer: twror's Address: t
7t
Buyer: Buyer's Phone: Residence Busint
72
On this date, I/ We hereby approve and accept the sale set forth in the above ag eement and agree to car out all the terms thereof an the part of the Setter and the
73
undersigned further agrees to pay a total brokerage fee of 6 0 iy Zr,to the above named Broker(e) for services.
74
' Brokerage fee will be paid in cash unless otherwise agroad n writing.
78
I / We fu . r a wledge r c ipt of a true copy .of,this agreement signed by both parties.
70
Setter: Date: �% Seller's Address:
77
Self: Date: Seller's Phone: Residence Business
7$
A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, la hereby received on this 70
day of 19 80
i +,
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council 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 7:30 o'clock p.m., on September 5, 1989,
for the purpose of reviewing and considering the Application of
Dennis Marshall for a preliminary plat and final plat of Golf
View Estates #1 which is generally located north of Cherry Lane
Village #1 on the west, for approval of approximately 30 lots.
A more particular legal description for the parcel is on file in
the office of the City Clerk of the City of Meridian and is
available upon request.
Public comment will be taken and is welcome.
DATED this,/69-t2 day of August, 1989.
TY CL
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4461
FA
RIDIAN PLANNING & ZONING
GUST 8, 1989
GE #4
Maxine Monroe, 2170 Dixie Lane, was sworn by the Attorney.
Monroe: There was a question as to whether or not Dixie Lane went all the way to the
end of the property and I do have some papers here that prove that it does go all the
way, there is an exclusion off of the front of our property which is just before the 6`
Wood property. I don't know that it is dedicated but it is excluded from our property.
There is also a question about a ditch that runs along Dixie Lane, it would be on the
south side of this project, would that be covered.
Alidjani: We do not know if it would be covered. -
Billie Jo Premoe, 3045 Wingate Lane, was sworn by the Attorney.
Premoe: I would like to go on record as opposed to this project. We feel that anything
moving in is an encroachment and we feel that a -subdivision this large will sometime
in the future cause them to feel -that they need to use our private lane as a public
access.
Johnson: Anyone else.wishing to testify? Being there no resl)onse the Public Hearing
is closed. What we do is make a recommendation to the City Council based on the
legality of -the OrdirTances. We have no authority_ to approve or disapprove, we just
make a recommendation to the City Council.
Engineer Smith: A11 of -the ditches that are under control of the irrigation district
will have to be taken care of and of course if they are required.
There was further discussion- The City Attorney advised the Commission that the Preliminary
Findings of Fact be revised to reflect the testimony that -was received at this hearing -
The Motion was made by Rountree and seconded by Shearer to have the City Attorney
revise the Preliminary Findings. -
Motion Carried: All Yea:
Item #4: PUBLIC HEARING: PRELIMINARY PLAT - GOLF VIEW ESTATES #1:
Sumner Johnson, JUB Engineers was sworn by the Attorney.
Johnson: Explained the project. They have no problems with any of the comments received.
Met with ACHD and resolved any problems they had. -
Johnson: I -will now open the Public Hearing, is there anyone who wishes to testify.
Being no response I will close the Public Hearing.
The Motion was made by Hepper and seconded by Shearer to approve the Preliminary Plat of
Golf Estate R.
Motion Carried: All Yea:
J -U -B ENGINEERS. 14
Project: 14987
Date: July 18, 1989
250 South Beechwood Avenue, Suite I — Boise, Idate-09
DESCRIPTION FOR
ELLIOTT SHEFFIELD
GOLF VIEW ESTATES SUBDIVISION
SW 1/4 OF SECTION 3,
T.3N., R.1W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A tract of land situated in the SW 1/4 of Section 3, T.3N., R.1W., B.M.
Meridian, Ada County, Idaho described as follows:
Commencing at the S 1/4 corner of said Section 3; thence along the Southerly
I ine of said Section 3 North 89'41' 51 " West a distance of 330.63 feet to a point;
thence leaving said Southerly line along the Westerly line of the amended plat
of a portion of Cherry Lane Village No. 1 Subdivision, on file for record in Book
45 at pages 3647 and 3648, in the office of the Ada County Recorder, Boise,
Idaho, North 0'28'53" East a distance of 870.00 feet to a point; thence leaving
said Westerly line North 52'01'07" West a distance of 390.00 feet to a point;
thence South 37'58'53" West a distance of 400.00 feet to a point; thence South
11'25'05" West a distance 195.47 feet to a point; thence South 0'28'53" West a
distance of 600.00 feet to a point on the Southerly line of said Section 3;
thence along said Southerly line South 89'41'51" East a distance of 590.00 feet
to the REAL POINT OF BEGINNING, comprising 12.93 acres, more or less, subject
to all existing easements and rights-of-way of record or appearing on said
parcel.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GOLF VIEW ESTATES SUBDIVISION UNIT NO. 1
THIS DECLARATION is made on the date hereinafter set forth by NEW CONCEPTS
DEVELOPERS, INC., an Idaho corporation hereinafter referred to as "Declarant";
WITNESSETH:
WHEREAS, Declarant is the Owner of certain real property situated in the city
of Meridian, County of Ada, State of Idaho, which is more particularly described as:
A portion of the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 3 North,
Range 1 West, Boise Meridian, Meridian, Ada County, Idaho more particularly described
as follows:
Beginning at a found brass cap monumenting the Southwest corner of said Section 3;
thence along the Southerly line of said Section 3 South 89'14151" East 2645.03 feet to
a found brass cap monumenting the South 1/4 corner of said Section 3; thence continuing
along said Southerly line North 89'14151" West 330.63 feet to a found steel pin on the
Westerly line of the Amended Plat of Cherry Lane Village No. 1 Subdivision as filed for
record in the office of the Ada County Recorder, Boise, Idaho, in Book 45 of Plats at
Pages 3647 and 3648; thence along said Westerly line North 00.28153" East 40.00 feet to
a set aluminum cap monument, said aluminum cap monument being the REAL POINT OF BEGINNING;
thence continuing along said Westerly line North 00.28153" East 830.00 feet to a set steel
pin; thence leaving said Westerly line North 52'01107" West 372.47 feet to a set steel pin;
thence South 37'58153" West 275.40 feet to a set steel pin;
thence South 26'13123" West 110.76 feet to a set steel pin;
thence South 20.32106" West 110.43 feet to a set steel pin;
thence South 12'51,01" West 110.43 feet to a set steel pin;
thence South 05'09156" West 110.43 feet to a set steel pin;
thence South 02'31109" East 110.43 feet to a set steel pin;
thence South 00.50141" West 108.35 feet to a set steel pin;
thence South 00'18109" East 50.00 feet to a set steel pin;
thence South 89'41151" East 20.54 feet to a set steel pin;
thence South 00'19153" West 185.64 feet to a set steel pin on the
Section 3;
thence along said Southerly line South 89'14151" East 555.00 feet
thence leaving said Southerly line North 00.28153" East 40.00 feet
BEGINNING.
Southerly line of said
to a found steel pin;
to the POINT OF
Containing 12.30 acres, more or less, subject to all easements and rights-of-way of
record or appearing on said tract.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of, and which shall
run with and bind, the Property and each and every part, parcel and Lot thereof, and be
binding on all parties having any right, title or interest in the Property or any part,
parcel or Lot thereof, their heirs, successors and assigns, and shall inure to the
benefit of each Owner thereof. Modification of these covenants can only be made with
the consent of the Declarant while any Lots in this subdivision remain in the ownership
of the Declarant. These covenants or any provision thereof, as from time to time in
effect with respect to all or any part of Golf View Estates Subdivision Unit No. 1 may
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 1
• 0
be amended or repealed only by duly recording an instrument which contains an agreement
providing for terminations of revocation or amendment which is signed by the Owners of
not less than seventy-five percent (75%) of the Lots.
Section 1. Definitions.
A: "Declarant" shall mean New Concepts Developers, Inc., their successors and
assigns.
B: "Owner" shall mean the owner of record, whether one or more persons or
entities, of a fee simple title to any lot which is a part of Golf View Estates
Subdivision Unit No. 1, including contract sellers.
C: "Golf View Estates Subdivision Unit No. 1" shall mean all real property now
and hereafter contained in the plats of Golf View Estates Subdivision Unit No. 1.
D: "Association" shall mean the Golf View Estates Property Owners Association.
E: "Lot" shall mean plats of land designated for residential use within Golf
View Estates Subdivision Unit No. 1 and identified on the plats thereof.
F: "These Covenants" shall mean the Protective Covenants, Conditions and
Restrictions as set forth in this Declaration with respect to Golf View Estates
Subdivision Unit No. 1, together with the Architectural Control Committee rules as set
forth in Section 2 hereof, as the same may be amended and supplemented from time to
time in accordance with the provisions of this Declaration.
Section 2. Architectural Control Committee.
A: Membership: Appointment and Removal. The Architectural Control Committee
shall consist of as many persons, not less than three, as the Declarant may from time
to time appoint. Declarant may remove any member of the Committee from office at any
time, and may appoint new or additional members at any time. Declarant shall keep on
file at its principal office a list of names and addresses of members of the Committee.
The powers and duties of such Committee shall cease in one year, or prior at Declarant's
sole discretion, after completion of construction of all the single family dwellings,
and the sale of said dwellings to the initial owner/occupant on all of the building
sites within Golf View Estates Subdivision Unit No. 1. Any two members of the Architec-
tural Control Committee shall have power to act on behalf of the Committee, without the
necessity of meeting and without the necessity of consulting the remaining members of
the Committee. The Committee may render its decision only by written instrument setting
forth the action taken by the members consenting thereto.
B: All plans and specifications for approval by the Committee must be submitted
at least twenty (20) days prior to the proposed construction starting date.
C: Neither the Committee nor any member thereof shall be liable to any owner,
occupant, builder or Declarant for any damage, loss of prejudice suffered or claimed on
account of any action or failure to act of the Committee or a member thereof, provided
only that the member has, in accordance with the actual knowledge possessed by him,
acted in good faith.
Section 3. Land Use and Building Restrictions.
A: All lots shall be used for residential purposes. No building shall be
erected, altered, placed or permitted to remain on any lot other than one detached
single family dwelling not to exceed two (2) stories in height, and a private garage
for not less than two cars.
B: No building of any kind shall be erected or maintained on a building site
prior to the construction of the dwelling house thereon.
C: No building material of any kind shall be placed or stored upon a building
site until the builder is ready and able to commence construction. The Architectural
Control Committee or its agents, shall have the right to enter upon any vacant building
site for the purpose of burning or removing weeds, brush, growth or refuse.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 2
• 0
D: The foregoing provisions shall not exclude construction of a storage unit,
private swimming pool or port for the protection of such swimming pool, provided that
the location of such structure is in conformity with the applicable municipal regulations,
and is compatible in design and decoration with the residence constructed on such lot,
and has been approved by the Architectural Control Committee.
E: The provisions of this section shall not be deemed to prohibit the right of
any home builder to construct residences on any lot, to store construction materials
and equipment on said lots in the normal course of construction and to use any single
family residences as a sales office or model home for the purposes of sales in Golf
View Estates Subdivision Unit No. 1. Further, no structure which exceeds one story in
height shall be erected upon any corner lot unless approved in writing by the Archi-
tectural Control Committee. "Corner Lot" for purposes of this provision means any lot
two sides of which are contiguous to dedicated streets. Each house in this subdivision
shall include some stucco, brick or stone on the front exposure and roofs of at least
4 in 12 pitch. The configuration, style and finish of each proposed building or
structure on each lot shall be subject to architectural control committee approval.
Said property shall be used in such manner as to be inoffensive to any other property
owners in the Project.
Section 4. Minimum Building Size. Each single family dwelling structure erected
upon a lot shall satisfy the minimum floor area requirements of the Architectural Control
Committee established in accordance with the provisions of Section 2 hereof, provided
however, that in no event shall the required floor area be less than one thousand seven
hundred (1,700) square feet of ground floor area in the case of a one-story house, nor
less than one thousand nine hundred (1,900) square feet of floor area in the case of a
two-story or tri -level house exclusive of garages, patios, breezeways, storage rooms,
porches and similar structures. No split level homes to be allowed.
Section 5. Building Location. No building will be located on any lot nearer than
twenty-five (25) feet to the front lot line or nearer than twenty (20) feet to the rear
lot line. On corner lots the street side lot line shall be a minimum of twenty-five (25)
feet. Single story homes will have a minimum of five (5) feet from one side lot line
and ten (10) feet from the other side lot line, However no homes shall be built nearer
than fifteen (15) feet to any existing home. Two-story homes to have a minimum of ten
(10) feet on each side lot line. For the purpose of this section, eaves, steps, chimneys
and gutters shall not be considered as a part of the building; provided, however, that
this shall not be construed to permit any eaves, steps, chimneys or gutters or any
portion of the building on any site to encroach upon any other site. Open patios shall
not be considered as a part of the building, but any open patio which would extend be-
yond the building lines as herein established shall, prior to construction, require the
approval of the Architectural Control Committee.
Section 6. Prosecution of Construction Work. The construction of the dwelling
and associated structures shall be prosecuted diligently and continuously from time of
commencement thereof until such dwelling and associated structures are fully completed
and painted. All structures shall be completed, including finished painting, within six
(6) months from the date of commencement of construction, unless prevented by causes
beyond the control of the owner or builder and only for such time as that cause continues.
Section 7. Excavation: Ditches. No excavation for stone, sand, gravel, earth
or minerals shall be made upon a lot unless such excavation is necessary in connection
with the construction of an approved structure thereon. No irrigation drain or waste
water shall be permitted to flow in open ditches to or on any lot or tract in said
subdivision and may be transmitted only as follows:
(a) Ditches, if any, shall be constructed at sufficient depth underground so as
not to interfere with the use of such ground.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 3
S
(b) Ditches, if any, to be carried in a sealed underground conduit.
(c) Ditches, if any, to be located only within easements or street right-of-way
lines as shown on the plat of said subdivision.
(d) The cost of constructing such ditches, if any, shall be paid by the parties
installing the same. Declarant is under no obligation to deliver irrigation
water to or furnish rights-of-way to any of the property.
(e) That the purchaser of the lot must remain subject to all assessments levied
by the irrigation entity.
(f) That the purchaser shall be responsible to pay such legal assessments.
(g) That the assessments are a lien on the land within the purview of the
irrigation entity and as provided for by law.
Section 8. Unsightly Structures or Practices. No unsightliness shall be permitted
on any lot. Without limiting the generality of the foregoing, all unsightly facilities,
equipment or structures shall be enclosed within approved structures or appropriately
screened from view. All refuse, garbage and trash shall be kept at all times in covered,
reasonably noiseless containers, which shall be kept and maintained within an enclosed
structure or appropriately screened from view, except when necessarily placed for pickup
by garbage removal services. Storage piles, compost piles and facilities for hanging,
drying or airing clothing or household fabrics shall be appropriately screened from view.
No lumber, firewood, grass, shrubs or tree clippings shall be kept, stored or allowed to
accumulate on any lot unless appropriately screened, as approved by the Architectural
Control Committee.
Section 9. Vehicle and Equipment Parking. No campers, recreational vehicles,
trailers, boats, motorcycles, snowmobiles, snow removal equipment, golf carts, mainten-
ance equipment, or similar equipment, and no junk cars or other unsightly vehicles shall
be parked on any lot unless fully enclosed in a garage or fenced rear yard on said lot,
and shall not be parked on any street adjacent thereto. All other parking of equipment
shall be prohibited, except as approved in writing by the Architectural Control Committee.
No parking areas or driveways shall be constructed or maintained except as approved by
the Architectural Control Committee. Parking bays are prohibited in areas between side
lot lines and buildings or driveways.
Section 10. Fences, Hedges. No fence, hedge or boundary wall situated anywhere
upon any lot shall have a height greater than six (6) feet, or such other lesser heights
as the Architectural Control Committee may specify, above the finished graded surface
of the ground upon which such fence, hedge or wall is situated. Chain-link fences are
hereby prohibited on any residential lot, except where required by the Declarant or any
public agency in order to secure utility sites, irrigation or drainage facilities or
other public use as deemed necessary. All fences shall be of vertical cedar design
and construction. No fences of basket -weave design shall be allowed. No fence shall be
constructed so as to extend toward the front of the lot past the front plane of the
dwelling structure constructed thereon. On corner lots no fence shall be constructed so
as to extend toward the front of the lot past the front plane of the dwelling, or on the
street side line stop at the rear plane of the dwelling, and no closer to the side line
than ten (10) feet. No fence, wall, hedge, or shrub planting with an elevation above
three (3) feet shall be permitted in front of building set -back requirements without
special written consent of the Architectural Control Committee. No fence, wall, hedge,
or shrub planting which obstructs sight lines at an elevation between three (3) and eight
(8) feet above the roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line connecting
them at points thirty (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.
Section 11. Offensive Activity . No noxious or offensive activity shall be carried
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 4
0
on upon any lot, nor shall anything be done thereon which may be, or may become an
annoyance or a nuisance to the neighborhood.
Section 12. Signs. No sign of any kind shall be displayed to the public view on
any lot or improvement, except one professional sign of not more than six (6) square
feet advertising the property for sale. This restriction shall not prohibit the
temporary placement of political signs on any lot by the owner, or placement of a
professional sign by the Declarant, which must comply with the local sign ordinances.
This restriction does not apply to signs used by the builders during the construction
and sales.
Section 13. Business and Commercial Uses. No trade, craft, business, profession,
commercial or similar activity of any kind shall be conducted on any lot, nor shall any
goods, equipment, vehicles, materials or supplies used in connection with any trade,
service or business be kept or stored on any lot, excepting the right of any home builder
and the Declarant to construct residences on any lot, to store construction materials
and equipment on said lots and the normal course of said construction.
Section 14. Animals. 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 such pets are not kept, bred or maintained for any commercial purpose.
Not more than two (2) dogs, cats or other household pets shall be kept by any individual
household; nor shall any domesticated animals be kept which unreasonable bother or
constitute a nuisance to other owners of other lots. Any such household pets shall be
kept on leashes at any time that they are within the project and outside the boundaries
of owner's lot. It shall be the obligation of each owner to control his pet.
Section 15. Landscaping. Landscaping of front yard is to be completed within
forty-five (45) days of substantial completion of home, or within forty-five days of
occupancy, to include sod in the front yard, (and side yards adjacent to the street on
corner lots), one ornamental tree of at least 12" caliper or pine tree of at least six
(6) feet in height, three (3) five gallon plants and five (5) one gallon shrubs. Berms
and sculptured planting areas are encouraged. In the event of undue hardship due to
weather conditions, this provision may be extended for a reasonable length of time upon
written approval of the Architectural Committee. Grass will be planted in the back
yard within six (6) months of occupancy.
Section 16. Antennas. Exterior antennas shall not be permitted to be placed upon
the roof of any structure on any lot so as to be visible from the street. T.V. dish
antennas will be permitted in rear fenced yards only, but not to be more than ten (10)
feet in height above natural grade.
Section 17. Exterior Finish. The exterior of all construction on any lot shall
be designed, built, and maintained in such a manner as to blend in with the natural
surroundings, existing structures and landscaping. Exterior colors shall be of the
fiat, non -gloss type and shall be limited to subdued tones. Exterior colors must be
approved by the Architectural Control Committee in accordance with the provisions of
this Section. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the
exterior finish of garages and other accessory buildings shall be designed, built and
maintained to be compatible with the exterior of the structure they adjoin.
Section 18. Roofing. Only shake or tile roofing shall be used on any structure
constructed on a lot unless approved otherwise in writing, by the Architectural Control
Committee beforehand.
Section 19. Yard Lights. Upon completion of a residential structure a yard
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 5
light shall be installed in a location not more than six (6) feet from the inside of the
sidewalk, and adjacent to, the driveway of such premises. Yard lights shall be photo
electric cell not less than 60 watt, model approved by the Architectural Control
Committee, of a standard six (6) foot height, and shall be shown on all pians for
construction of each particular structure. Lot owners shall be required to immediately
replace burned -out light bulbs and any defective equipment in or pertaining to the yard
light which causes the yard light not to function during night hours. Yard lights shall
be electrically wired directly to the residence's electrical breaker panel and comply
with the National Electrical Code.
GOLF VIEW ESTATES PROPERTY OWNERS ASSOCIATION
As new phases of Golf View Estates are developed, they shall be integrated into
the Association at the option of the developers.
MEMBERSHIP
1. Every person or entity who is a record owner (including contract buyers) of a
fee or undivided fee interest in any lot located within said property shall by virtue of
such ownership, be a member of the Association. When more than one person holds such
interest in any occupied lot, all such persons shall be members. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be separated
from ownership of any such lot subject to assessment by the Association. Such ownership
of any such lot shall be the sole qualification for becoming a member, and shall auto-
matically commence upon a person becoming such owner, and shall automatically terminate
and lapse when such ownership in said property shall terminate or be transferred. The
Association shall maintain a member list and may require written proof of any member's
lot ownership interest.
2. The financial reports, books, and records of the Association may be examined, at
reasonable times, by any member or mortgagee.
VOTING RIGHTS
Each member shall be entitled to cast one vote or fractional vote as set forth herein
for each lot in which he holds the interest required for membership. Only one vote shall
be cast with respect to each lot. The vote applicable to any lot being sold under a
contract of sale shall be exercised by the contract vendor unless the contract expressly
provides otherwise and the Association has been notified, in writing, of such provision.
Voting by proxy shall be permitted.
OFFICERS AND DIRECTORS
At an annual meeting called pursuant to notice as herein provided for establishment
of annual assessments, a Board of Directors of the Association shall be elected by ballot
of those attending said meeting and voting by proxy, provided that the total of all votes
cast shall represent a quorum as hereinafter provided.
There shall be three directors elected to serve for a period of three years.
Election shall be by popular vote, the nominees receiving the three highest totals shall
be deemed elected. Each member shall be entitled to vote for three nominees per member-
ship.
In the event any director shall be unable to complete the term for which elected,
the remaining directors are empowered to appoint a substitute to serve out the unexpired
term.
The Board of Directors shall designate one of their number to serve as Chairman,
one as Secretary, and one as Treasurer.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 6
• •
PROPERTY RIGHTS
1. Common Areas: The Association shall operate, control, and maintain any common
areas.
2. Members' Easements of Enjoyment:
(a) Members shall be entitled to the use and enjoyment of common areas main -
by the Association. This right shall not extend to areas on private property
which are maintained by the owner of the property.
(b) The Association shall have the right to dedicate or transfer all or any part
of common areas including maintenance agreements to any public agency or authority except
where such areas are within private property boundaries. In such cases the owners of the
private property must concur in any such transfer. Otherwise, the right of the Association
to dedicate or transfer all or any part of the common areas to any public agency authority,
or utility for such purposes and subject to such conditions, may be agreed to by the
members. No such condition or transfer shall be effective unless authorized by members
entitled to cast two-thirds (2/3) of the majority of the votes at a special or general
members' meeting and an instrument signed by the Chairman and Secretary has been recorded
in the appropriate county deed records, agreeing to such dedication or transfer; and
unless written notice of proposed action is sent to every member not less than 15 days
nor more than 30 days prior to such dedication or transfer: and
(c) The right of the Association to suspend any voting rights for any period
during which any assessment against said member's property remains unpaid.
MAINTENANCE ASSESSMENT AND MORTGAGEE RIGHTS
1. Creation of the Lien and Personal Obligation of Assessments: Each owner of any
lot by ratification of these covenants or by acceptance of a deed or contract purchase
therefor, whether or not it shall be so expressed in any such deed or other conveyance or
agreement for conveyance, is deemed to covenant and agree to pay to the Association (1)
regular annual or other regular annual or other regular periodic assessments or charges,
and (2) special assessments for capital improvements, such assessments to be fixed,
established, and collected from time to time as hereinafter provided. The regular and
special assessments, together with such interest thereon and cost of collection thereof,
as hereinafter provided, shall be a charge on the land and shall be a continuing lien
upon the property against which said assessment is made. Each such assessment, together
with interest, costs, and reasonable attorney's fees, shall also be the personal obligation
of the person who was the owner of such property at the time such assessment was levied.
The obligation shall remain a lien on the property until paid or foreclosed, but shall
not be a personal obligation of successors in title unless expressly assumed by them.
2. Purpose of Assessments: The assessments levied by the Association shall not be
used for any purpose other than promoting the recreation, health, safety, and welfare of
the residents in said property and in particular for the improvement and maintenance of
said property, any common area, the services and facilities devoted to this purpose and
related to the use and enjoyment of any common area. Subject to the above provision the
Association Directors shall determine the use of assessment proceeds.
3. Basis and Maximum Annual Assessments: An initial Basis assessment of $100 per
lot shall be assessed at the time each lot is sold to the initial user. The regular
assessment shall be $50 per year lawful money of the United States of America, for each
lot or dwelling unit subject thereto, except those lots owned by the development company
which are exempt, and shall be paid to the Association.
(a) The maximum annual assessment may be changed by a vote of the members,
provided that any such change shall be approved by the affirmative vote of not less than
two-thirds (2/3) of the votes of members who are voting in person or by proxy, at a
meeting duly called for this purpose, written notice of which shall be sent to all
members not less than 15 days nor more than 30 days in advance of the meeting setting
forth the purpose of the meeting.
(b) In addition to the regular assessments authorized above, the Association
may levy in any assessment year, a special assessment applicable to that year only, for
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 7
the purpose of defraying, in whole or in part, the cost of any construction or recon-
struction, unexpected repair or replacement of a capital improvement, provided the
assent of a two-thirds (2/3) majority of the complete votes represented by those members
who are voting in person or by proxy at the meeting duly called for this purpose is
obtained, written notice of which shall be sent to all members not less than 15 days nor
more than 30 days in advance of the meeting setting forth the purpose of the meeting.
(c) Both regular assessments and any special assessments must be fixed at a
uniform rate for all occupied lots and 75% of such rate for other lots, and may be
collected on an annual, quarterly, or monthly basis at the discretion of the Directors;
except that assessments may be levied applicable to some lots only, with prior consent by
the owners of such lots, if such procedure is considered equitable in the discretion of
the Board in order to construct facilities to be available only to the members desiring
to pay for the cost thereof.
4. Quorum For Any Action Authorized Under Section 3: At the first meeting called,
as provided in Section 3 hereof, the presence at the meeting of members or of proxies
to cast 60% of all votes of the members shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be called, subject to the
notice requirements. No subsequent meeting shall be held more than 60 days following
the date of the meeting at which no quorum was forthcoming.
5. Date of Commencement of Annual Assessment: Due Dates: All lots shall be subject
to the annual or monthly assessment provided for herein on the first day of the month
following the action of the Board. The Board of Directors shall fix the amount of the
regular assessment at least 30 days in advance of each assessment period. Written notice
of the assessment dates shall be established by the Board of Directors. The Association
shall, upon demand at any reasonable time, furnish a certificate in writing signed by an
officer of the Association setting forth whether the assessments on a particular lot have
been paid. A reasonable charge may be made by the Board for the issuance of these
certificates. Such certificate shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
6. Effect of Nonpayment of Assessments: Remedies of the Association: Any assess-
ments which are not paid when due shall be delinquent. If the assessment is not paid
within 30 days after the due date, the assessment shall bear interest from the date of
the delinquency at the rate of 18% per annum. The Secretary of the Association shall
file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the
amount of any such charges or assessments together with interest as aforesaid, which
have become delinquent with respect to any lot on said property, and upon payment in full
thereof, shall execute and file a proper release of the lien releasing the same. The
aggregate amount of such assessments, together with interest, costs and expenses, and a
reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien
on the whole lot (including any improvement located thereon) with respect to which it is
filed from the date the lien is filed in the office of said County Recorder until the
same has been paid or released as herein provided. Such lien may be enforced by the
Association in the manner provided by law with respect to liens upon real property. The
owner of said property at the time assessment is levied shall be personally liable for
the expenses, costs and disbursements, including attorney's fees of the Declarant of the
Association, as the case may be, of processing and if necessary enforcing such liens, all
of which expenses, costs and disbursements and attorney's fees shall be secured by said
lien including all aforementioned expenses, costs, disbursements, and fees on appeal,
and such owner at the time such assessments is levied shall also be liable for any
deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise
escape liability for the assessments provided for herein by non-use of common areas or
abandoment of the lot.
7. Transfer of the Lien to Mortgages: The sale or transfer of any lot or any part
of said property shall not affect the assessment lien. No sale or transfer shall relieve
such lot from liability for any assessments thereafter becoming due or from the liening
thereof.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 8
8. Exempt Property: The following property subject to this Declaration shall be
exempt from the assessments created herein:
(a) all property expressly dedicated to and accepted by a local public
authority.
(b) any other properties owned by the Association.
(c) unoccupied lots owned by the development company.
9. Association Budget: The Association shall prepare an annual budget which shall
indicate anticipated management, operation, maintenance, repair, and other common expenses
for the Association's next fiscal year and which shall be sufficient to pay all estimated
expenses and outlays of the Association for the next calendar year growing out of or in
connection with the maintenance and operation of common areas and improvements, and may
include among other things, the cost of maintenance, management, special assessments,
fire, casualty and public liability insurance, common lighting, landscaping and care of
grounds, repairs, renovations and paintings to common areas, snow removal, wages, water or
electric charges, legal and accounting fees, management expenses, expenses and liabilities
incurred by the Association from a previous period, and the creation of any reasonable
contingency or other reserve fund, as well as costs and expenses relating to the common
area and improvements.
INSURANCE
The Board of Directors is empowered to obtain appropriate liability, casualty, fire,
or errors or omissions or other insurance, to properly protect the actions of the
Association or facilities maintained, owned or controlled by the Association as a cost of
operation to the Association.
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 9
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IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this day of , 1989.
NEW CONCEPTS DEVELOPERS, INC., an
Idaho corporation
By
Elliott A. Sheffield - President
ATTEST:
Dennis Marshall - Secretary
STATE OF IDAHO)
S.S.
County of Ada )
On this day of , 19 , before me, a Notary Public in and
for the State of Idaho personally appeared Elliott A. Sheffield and Dennis Marshall,
known to me to be the persons whose names are subscribed to the foregoing instrument,
and acknowledged to me that they executed the same.
Notary Public for Idaho
Residing at Idaho
My bond expires:
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS - 10
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SECOND AMENDED AND RESTATED DECLARATION
PROTECTIVE RESTRICTIONS AND COVENANTS FOR
GOLF VIEW ESTATES SUBDIVISION
THIS SECOND AMENDED AND RESTATED DECLARATION is made
this day of July, 1990, by New Concepts Developers, Inc.,
an Idaho corporation, hereinafter called "Declarant."
RECITALS:
This Second Amended and Restated Declaration is made with
reference to the following:
1. Declarant, on March 2, 1990, caused that certain
Declaration of Covenants, Conditions and Restrictions for Golf
View Estates Subdivision Unit No. 1 to be recorded as Instrument
No. 9011050, official records of Ada County, Idaho, relating to
the following described real property:
A portion of the Southeast 1/4 of the Southwest 1/4
9 0 4 1 6 7 1 of Section 3, Township 3 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
ADA.00,41i,TY.1,*P0 Beginning at a found brass cap monumenting the
Southwest corner of said Section 3; thence along the
FOQU��
Southerly line of said Section 3 South 89014151"
East 2645.03 feet to a found brass cap monumenting
the South 1/4 corner of id Section 3; thence
son A11r. 9 Pel `t 06corsaid
---�, ----- - .. _ .. _ - . -- . - - - -----
JOH STI•DA. RECORDEst 330.63 feet to a found steel pin on the
esterly line of the Amended Plat of Cherry Lane
BY lage No. 1 Subdivision as filed for record in
lob the office of the Ada County Recorder, Boise, Idaho,
in Book 45 of Plats at Pages 3647 and 3648; thence
along said Westerly line North 00028153" East 40.00
feet to a set aluminum cap monument, said aluminum
cap monument being the REAL POINT OF BEGINNING;
Thence continuing along said Westerly line North
00028153" East 830.00 feet to a set steel pin;
Thence leaving said Westerly line North 52001107"
West 372.47 feet to a set steel pin;
thence South 37058153" West 275.40 feet to a set'
steel pin;
thence South 26013123" West 110.76 feet to a set
steel pin;
thence South 2003210611 West 110.43 feet to a set
steel pin;
thence South 12°51'01" West 110.43 feet to a set
steel pin;
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 1
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SECOND AMENDED AND RESTATED DECLARATION
PROTECTIVE RESTRICTIONS AND COVENANTS FOR
GOLF VIEW ESTATES SUBDIVISION
THIS SECOND AMENDED AND RESTATED DECLARATION is made
this day of July, 1990, by New Concepts Developers, Inc.,
an Idaho corporation, hereinafter called "Declarant."
RECITALS:
This Second Amended and Restated Declaration is made with
reference to the following:
1. Declarant, on March 2, 1990, caused that certain
Declaration of Covenants, Conditions and Restrictions for Golf
View Estates Subdivision Unit No. 1 to be recorded as Instrument
No. 9011050, official records of Ada County, Idaho, relating to
the following described real property:
A portion of the Southeast 1/4 of the Southwest 1/4
9 0 4 1 6 7 1 of Section 3, Township 3 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
ADA.00,41i,TY.1,*P0 Beginning at a found brass cap monumenting the
Southwest corner of said Section 3; thence along the
FOQU��
Southerly line of said Section 3 South 89014151"
East 2645.03 feet to a found brass cap monumenting
the South 1/4 corner of id Section 3; thence
son A11r. 9 Pel `t 06corsaid
---�, ----- - .. _ .. _ - . -- . - - - -----
JOH STI•DA. RECORDEst 330.63 feet to a found steel pin on the
esterly line of the Amended Plat of Cherry Lane
BY lage No. 1 Subdivision as filed for record in
lob the office of the Ada County Recorder, Boise, Idaho,
in Book 45 of Plats at Pages 3647 and 3648; thence
along said Westerly line North 00028153" East 40.00
feet to a set aluminum cap monument, said aluminum
cap monument being the REAL POINT OF BEGINNING;
Thence continuing along said Westerly line North
00028153" East 830.00 feet to a set steel pin;
Thence leaving said Westerly line North 52001107"
West 372.47 feet to a set steel pin;
thence South 37058153" West 275.40 feet to a set'
steel pin;
thence South 26013123" West 110.76 feet to a set
steel pin;
thence South 2003210611 West 110.43 feet to a set
steel pin;
thence South 12°51'01" West 110.43 feet to a set
steel pin;
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 1
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SECOND AMENDED AND RESTATED DECLARATION
PROTECTIVE RESTRICTIONS AND COVENANTS FOR
GOLF VIEW ESTATES SUBDIVISION
THIS SECOND AMENDED AND RESTATED DECLARATION is made
this day of July, 1990, by New Concepts Developers, Inc.,
an Idaho corporation, hereinafter called "Declarant."
RECITALS:
This Second Amended and Restated Declaration is made with
reference to the following:
1. Declarant, on March 2, 1990, caused that certain
Declaration of Covenants, Conditions and Restrictions for Golf
View Estates Subdivision Unit No. 1 to be recorded as Instrument
No. 9011050, official records of Ada County, Idaho, relating to
the following described real property:
A portion of the Southeast 1/4 of the Southwest 1/4
9 0 4 1 6 7 1 of Section 3, Township 3 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
ADA.00,41i,TY.1,*P0 Beginning at a found brass cap monumenting the
Southwest corner of said Section 3; thence along the
FOQU��
Southerly line of said Section 3 South 89014151"
East 2645.03 feet to a found brass cap monumenting
the South 1/4 corner of id Section 3; thence
son A11r. 9 Pel `t 06corsaid
---�, ----- - .. _ .. _ - . -- . - - - -----
JOH STI•DA. RECORDEst 330.63 feet to a found steel pin on the
esterly line of the Amended Plat of Cherry Lane
BY lage No. 1 Subdivision as filed for record in
lob the office of the Ada County Recorder, Boise, Idaho,
in Book 45 of Plats at Pages 3647 and 3648; thence
along said Westerly line North 00028153" East 40.00
feet to a set aluminum cap monument, said aluminum
cap monument being the REAL POINT OF BEGINNING;
Thence continuing along said Westerly line North
00028153" East 830.00 feet to a set steel pin;
Thence leaving said Westerly line North 52001107"
West 372.47 feet to a set steel pin;
thence South 37058153" West 275.40 feet to a set'
steel pin;
thence South 26013123" West 110.76 feet to a set
steel pin;
thence South 2003210611 West 110.43 feet to a set
steel pin;
thence South 12°51'01" West 110.43 feet to a set
steel pin;
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 1
e.
thence South 05009156" West 110.43 feet to a set
steel pin;
thence South 02031109" East 110.43 feet to a set
steel pin;
thence South 00050141" West 108.35 feet to a set
steel pin;
thence South 00018109" East 50.00 feet to a set
steel pin;
thence South 89041151" East 20.54 feet to a set
steel pin;
thence South 00019153" West 185.64 feet to a set
steel pin on the Southerly line of said Section 3;
thence along said Southerly line South 8901415111
East 555.00 feet to a found steel pin;
thence leaving said Southerly line North 00028153"
East 40.00 feet to the POINT OF BEGINNING.
Containing 12.30 acres, more or less, subject to
easements and rights-of-way of record or appearing
on said tract.
2. Declarant, on July 18, 1990, caused that certain Amended
and Restated Declaration of Protective Restrictions and Covenants
for Golf View Estates Subdivision to be recorded as Instrument No.
9038054, official records of Ada County, Idaho, relating to the
aforesaid real property.
3. Declarant owns greater than seventy-five percent (75%)
of the Lots of Golf View Estates Subdivision and desires to make
certain amendments and revisions to the aforesaid Declarations.
4. The purpose and intent of this Second Amended and
Restated Declaration is to set forth certain amendments and
revisions to the aforesaid Declarations and, in addition, to
restate the terms and provisions of said Declarations that shall
remain in force and effect.
NOW, THEREFORE, Declarant hereby declares that from and
after the date this Second Amended and Restated Declaration is
recorded in the official records of Ada County, Idaho, the
aforesaid Declarations shall have no further force or effect and
the covenants, conditions, restrictions, obligations, uses,
limitations, and easements for Golf View Estates Subdivision
shall be as set forth in this second Amended and Restated
Declaration, to -wit:,
ARTICLE I
DECLARATION
Declarant hereby declares that this Declaration relates to
and covers the foregoing described real property, together with
such other additional land as may be annexed thereto by Declarant
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 2
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thence South 05009156" West 110.43 feet to a set
steel pin;
thence South 02031109" East 110.43 feet to a set
steel pin;
thence South 00050141" West 108.35 feet to a set
steel pin;
thence South 00018109" East 50.00 feet to a set
steel pin;
thence South 89041151" East 20.54 feet to a set
steel pin;
thence South 00019153" West 185.64 feet to a set
steel pin on the Southerly line of said Section 3;
thence along said Southerly line South 8901415111
East 555.00 feet to a found steel pin;
thence leaving said Southerly line North 00028153"
East 40.00 feet to the POINT OF BEGINNING.
Containing 12.30 acres, more or less, subject to
easements and rights-of-way of record or appearing
on said tract.
2. Declarant, on July 18, 1990, caused that certain Amended
and Restated Declaration of Protective Restrictions and Covenants
for Golf View Estates Subdivision to be recorded as Instrument No.
9038054, official records of Ada County, Idaho, relating to the
aforesaid real property.
3. Declarant owns greater than seventy-five percent (75%)
of the Lots of Golf View Estates Subdivision and desires to make
certain amendments and revisions to the aforesaid Declarations.
4. The purpose and intent of this Second Amended and
Restated Declaration is to set forth certain amendments and
revisions to the aforesaid Declarations and, in addition, to
restate the terms and provisions of said Declarations that shall
remain in force and effect.
NOW, THEREFORE, Declarant hereby declares that from and
after the date this Second Amended and Restated Declaration is
recorded in the official records of Ada County, Idaho, the
aforesaid Declarations shall have no further force or effect and
the covenants, conditions, restrictions, obligations, uses,
limitations, and easements for Golf View Estates Subdivision
shall be as set forth in this second Amended and Restated
Declaration, to -wit:,
ARTICLE I
DECLARATION
Declarant hereby declares that this Declaration relates to
and covers the foregoing described real property, together with
such other additional land as may be annexed thereto by Declarant
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 2
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from time to time in accordance with this Declaration. Said real
property shall hereafter be held, sold, conveyed, used, occupied
and improved subject to the following limitations, restrictions,
covenants and conditions, all o£ which are declared and agreed to
be in furtherance of the plan for the subdivision, improvement
and sale thereof and are established and agreed upon for the
purpose of enhancing and perfecting the value, desirability and
attractiveness of said real property and every part thereof. All
of the limitations, easements, uses, obligations, covenants,
restrictions and conditions stated herein shall run with the real
property, shall be binding on all parties having or acquiring any
right, title or interest in the described real property or any
part thereof, and shall be for the benefit of each owner of any
portion of said real property or any interest therein, and shall
inure to the benefit of and be binding upon each successor in
interest of the owners thereof. Each and all of the said
limitations, easements, uses, obligations, covenants, conditions
and restrictions shall be deemed to be, and shall be construed as
equitable servitudes, enforceable by any of the owners of any of
the individual Lots against any other owner, tenant or occupants
of the property, or any portion thereof.
ARTICLE II
DEFINITIONS
2.1 The terms used herein shall have the meanings specified
in this Article, unless the context otherwise requires.
A. Articles. The term "Articles" shall mean the
Articles of Incorporation of Golf View Estate Home -Owners
Association, Inc., filed or to be filed in the Office of the
Secretary of State of the State of Idaho.
B. Association. The term "Association" shall mean or
refer to Golf View Estates Home -Owners Association, Inc., and its
successors and assigns, incorporated as a non-profit corporation
under the laws of the State of Idaho.
C. Board. The term "Board" shall mean the Board of
Directors of the Association.
D. By -Laws. The term "By -Laws" shall mean the By -Laws
of the Association which are or shall be adopted by the Board.
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E. Common irea. The term "Common Area" shall mean all
real property (including the improvements thereto) owned by the
#T Association for the common use and enjoyment of the Owners and
shall include the initial Common Area described below, together
with such other properties as may be annexed thereto and
designated as Common'Area by Declarant in accordance with this
Declaration. The initial Common Area to owned by the Association
U is described as follows:
r>>„ SECOND AMENDED AND RESTATED DECLARATION
` GOLF VIEW ESTATES SUBDIVISION - 3
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® Lot 1, Block1, and Lot 3, Block 2, Golf View
Estates Subdivision, according to the official
Plat thereof, recorded February 22, 1990, in
Book 57 of Plats at pages 5348-5349, records
of Ada County, Idaho.
F. Declarant. The term "Declarant" shall mean and
refer to New Concepts Developers, Inc., an Idaho corporation, and
all successors and assigns of Declarant, if such successors and
assigns acquire more than one Lot for the purpose of resale to
another.
G. Declaration. The term "Declaration" shall mean and
refer to this instrument and all exhibits attached hereto.
H. Lots. The term "Lot" shall mean and refer to any
plot of land designated for residential use on the Plat(s) of the
Properties.
I. Owner. The term "Owner" refers to any person or
entity, including Declarant, at any time of record owning a Lot
within the Properties. Such term shall include a contract seller
(vendor) having an installment land contract and shall exclude
those persons having an interest -in the Lot merely as security
for performance of an obligation.
J. Plat. The term "Plat" or "Plats" refers to the
official plat for Golf View Estates Subdivision recorded February
22, 1990, in Book 57 of Plats at pages 5348-5349, in the office
of the County Recorder of Ada County, Idaho, together with the
Plat(s) of such additional land(s) as may be annexed thereto by
Declarant pursuant to this Declaration.
R. Property. The term "Property" or "Properties"
shall mean and refer to the lands hereinbefore described an shown
of the official Plat of Golf View Estate Subdivision, together
with every building, improvement or structure thereon, and every
easement or right appurtenant thereto, plus such additional
land(s) as hereafter may be annexed thereto by Declarant pursuant
to this Declaration or otherwise may be brought under the
jurisdiction of the Association.
L. Rules. The term "Rules" shall mean the Golf View
Estates Rules and Regulations adopted by the Association pursuant
to this Declaration.
ARTICLE III
GENERAL AND SPECIFIC RESTRICTIONS
3.1 Land Use. -All Lots within the Property shall be used
for single-family residential purposes only, whether such use is
on an ownership, rental, or lease basis. No Lot shall be used
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 4
41"4,s"k4�'�y
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for commercial purposes. No buildings shall be built, erected,
constructed, placed, altered, or permitted to remain on any Lot
other than one (1) single-family dwelling, an attached, semi -
attached, or detached private garage, and accessory buildings
incidental thereto. All buildings and structures within the
Property shall be limited to uses which are not or may not be, in
the opinion of the Architectural Committee, detrimental to the
health, safety, or welfare of the Owners and which will not be
harmful to the Property.
3.2 Buildings Generally. All buildings erected, built, or
placed on any Lot within the Property shall meet the following
minimum standards:
A. Minimum Building size. The minimum floor area of
each single family dwelling erected upon a hot, exclusive of
garages, patios, breeze ways, storage rooms, porches and similar
structures, shall be seventeen hundred (1,700) square feet for a
one-story house and nineteen hundred (1,900) square feet for a
two-story or tri -level house. No split level homes shall be
allowed. No garage for less than two (2) nor greater than five
(5) cars shall be permitted on any Lot.
B. Exterior Finish. The exterior of all construction
on any Lot shall be designed, built and maintained in such a
manner as to blend in with the natural surroundings, existing
structures and landscaping. Exterior colors shall be of the
flat, non -gloss type and shall be limited to subdued tones.
Exterior colors must be approved by the Architectural Control
Committee. Exterior trim, fences, doors, railings, decks, eaves,
gutters and the exterior finish of garages and other accessory
buildings shall be designed, built and maintained to be
compatible with the exterior of the structure they adjoin.
C. Building Location. No Building will be located on
any Lot nearer than twenty-five (25) feet to the front Lot line
or nearer than twenty (20) feet to the rear Lot line. On corner
Lots the street side Lot line shall be at least twenty-five (25)
feet. Single story homes will be at least five (5) feet from one
side Lot line and at least ten (10) feet from the other;
PROVIDED, HOWEVER, no home shall be built nearer than fifteen
(15) feet to any existing home. Two-story homes shall have at
least ten (10) feet on each side Lot line. Eaves, steps and
gutters shall not be considered as part of the building for the
purpose of this section; PROVIDED, HOWEVER, that this shall not
be construed to permit any eaves, steps or gutters or any portion
of the building on any Lot to encroach upon any other Lot. Open
patios shall not be considered as a part of the building, but any
open patio which would extend beyond the building lines as herein
established shall, prior to construction, require the approval of
the Architectural Control Committee.
D. oofi . Only shake or tile roofing shall be used
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 5
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on any structure constructed on a Lot unless approved otherwise
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in writing, by the Architectural Control Committee beforehand.
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3.3 Architectural Committee Review. No dwelling, garage,
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accessory building, fence, wall or other structure on the
Property shall be built, erected, placed or materially altered
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unless and until the plans therefor have been reviewed in advance
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by the Architectural Committee, and the same have been approved
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in writing, as more particularly required by Article IV of this
Declaration.
3.4 Work Prosecution and Sanctions. Each Owner covenants
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and agrees that within six (6) months following the purchase of a
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Lot from Declarant, the construction of a dwelling meeting
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specifications approved by the Architectural Committee shall be
completed thereon, including exterior painting; PROVIDED,
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HOWEVER, Declarant may extend such period for causes beyond the
control of the Owner's builder.
3.5 Landscaping. All Lot Owners shall prepare and submit a
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landscape plan to the Architectural Control Committee as provided
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in Article IV hereof. Unless otherwise required by said
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committee, all portions of a Lot which are unimproved with a
dwelling, garage, accessory building or other structure shall be
landscaped. Landscaping of the front yard (and street -side yards
on corner Lots) including sodding and the planting of one
ornamental tree of at least 1 1/2" caliper or a pine tree of at
least six (6) feet in height, three (3) five gallon plants, and
five (5) one gallon shrubs shall be completed within forty-five
(45) days of substantial completion or occupancy of the dwelling,
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whichever is earlier. Berms and sculptured planting areas are
encouraged. In the event of undue hardship due to weather
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conditions, this provision may be extended for a reasonable
length of time upon written approval of the Architectural
Committee. Grass shall be planted in the back yard within six
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(6) months of occupancy.
3.6 Fences. No fence, hedge or boundary wall situated
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anywhere upon any Lot shall have a height greater than six (6)
feet, or such other lesser heights as the Architectural Control
Committee may specify, above the finished graded surface of the
ground upon which such fence, hedge or wall is situated. Chain -
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link fences are hereby prohibited, EXCEPT where required by
Declarant or any public agency in order to secure utility sites,
irrigation or drainage facilities, or other public use as deemed
necessary. All fences shall be of vertical cedar design and
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construction. No fences of basket -weave design shall be allowed.
No fence shall be constructed past the front lot plane of the
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of the dwelling, nor stop at the rear plane of the dwelling on
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the street side yard, nor be closer than ten (10) feet to the
side Lot line. No fence, wall, hedge, or shrub planting which
obstructs sight lines at an elevation between three (3) and eight
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 6
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S(8) feet above the roadways shall be placed or permitted to
remain on any corner Lot within the triangular area formed by the
street property lines and a line connecting them at points thirty
(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.
3.7 Exterior Lighting. Exterior lighting and interior
lights reflecting outside shall not be placed to cause glare or
excessive light spillage onto neighboring Lots.
3.8 Yard Lights. Upon completion of a residential
structure, a yard light shall be installed in a location not more
than six (6) feet from the inside of the sidewalk, adjacent to
the driveway of such premises. Yard lights shall be photo
electric cells, not less than sixty (60) watts, of a standard six
(6) foot height, and the model thereof shall be shown on all
plans for construction of each particular structure and approved
by the Architectural Control Committee. Lot owners shall be
required to immediately replace burned -out light bulbs and any
defective equipment in or pertaining to the yard light that
causes it not to function during the night. Yard lights shall be
electrically wired directly to the residence's electrical breaker
panel and comply with the National Electrical Code. If the Lot
owner(s) desire street lighting, that cost shall be the
responsibility of the Lot owner(s).
3.9 Vehicle and Equipment Parking. No campers,
recreational vehicles, trailers, boats, motorcycles, snowmobiles,
snow removal equipment, golf carts, maintenance equipment, or
similar equipment, and no junk cars or other unsightly vehicles
shall be parked on any Lot unless fully enclosed in a garage or
screened form view in the rear or side yard of said Lot by
screening and/or landscaping approved by the Architectural
Contract Committee, and the same shall not be parked on any
street adjacent thereto. All other parking of the aforesaid
equipment and vehicles shall be prohibited, except as approved in
writing by the Architectural Control Committee. No parking areas
or driveways shall be constructed or maintained except as
approved by the Architectural Control Committee.
3.10 Temporary Structures. No structure of a temporary
character, mobile home, tent, trailer, recreational vehicle,
basement, shack, garage, barn, or accessory building shall be
used on any Lot at any time as a residence either temporarily or
permanently.
3.11 Excavation: Ditches. No excavation for stone, sand,
gravel, earth or minerals shall be made upon a Lot unless such
excavation is necessary in connection with the construction of an
approved structure thereon. No irrigation, drain or waste water
shall be permitted to flow in open ditches to or on any Lot or
the Common Area. Ditches, if any, shall be constructed at
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 7
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sufficient depth underground so as not to interfere with the use
of such ground and shall be carried in a sealed underground
conduit. Ditches shall be located only within easements or
street right-of-way lines as shown on the Plat(s). The cost of
constructing such ditches, if any, shall be paid by the parties
installing the same. Declarant is under no obligation to deliver
irrigation water to or furnish rights-of-way therefor to any of
the Property. The purchaser of a Lot shall remain subject to all
assessments levied by the irrigation entity and shall be
responsible to pay such legal assessments, which assessments are
a lien on the land within the purview of the irrigation entity as
provided for by law.
3.12 Antennas and Energy Devices. No exterior aerial or
antenna shall be erected or placed on any Lot or the Common Area
without the prior approval of the Architectural Committee. All
outside energy production devices such as solar panels,
windmills, and generators must have written approval thereof by
the Architectural Committee. Exterior antennas shall not be
permitted to be placed upon the roof of any structure on any Lot
so as to be visible from the street. Television dish antennas
will be permitted in rear fenced yards only, provided they are no
more than ten (10) feet in height above the natural grade.
3.13 Animals. No swine, poultry, snakes, skunks or
similarly obnoxious pets shall be raised, bred, or kept on any
Lot or the Common Area. Dogs, cats, or other household pets up
to a maximum combination of two (2) may be kept on any Lot,
subject to the Rules adopted by the Board for the keeping of such
animals and provided they are not kept, bred, or maintained for
any commercial purpose. Dogs and similar pets shall be kept on a
leash when not otherwise confined to the Owners Lot. Each Owner
bears the responsibility for controlling his/her pets.
3.14 Signs. No sign or any kind shall be displayed to the
public view from the Property without the written approval of the
Architectural Committee, except one sign of not more than three
(3) by two (2) feet advertising a Lot for sale or lease and
except such signs as may be used by Declarant in connection with
the development of the Property and sale of Lots. This
restriction shall not prohibit the temporary placement of
political signs on any Lot by the Owner.
3.15 Garbage and Refuse Disposal. All trash, debris,
garbage and refuse shall be kept at all times in a covered
sanitary container, and all such containers shall be kept within
an enclosed structure or screened from public view. Neither the
Common Area nor any Lot shall be used or maintained as a dumping
area for trash, debris, garbage or refuse. All equipment used
for the storage and disposal of such material shall at all times
be maintained in a sanitary or clean condition. Incinerators are
prohibited.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 8
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3.16 Unsightly Articles; Outside Activities. No
unsightliness shall be permitted on any Lot or the Common Area.
Without limiting the generality of the foregoing, any unsightly
facility, equipment or structure shall be enclosed within
approved structures, or appropriately screened from view. No
outside operations, including but not limited to, automobile,
truck, machinery, and equipment repairs and the hanging, drying,
or airing of clothing or household fabrics, shall be permitted on
any Lot, unless the same are visually screened from public view.
Any article, activity, event, or condition which, in the sole
discretion of the Architectural Committee, creates an unsightly
or blighted influence on the Property shall be corrected,
removed, or obscured from public view, as the case may be,
notwithstanding the fact that the same may not be specifically
described and/or prohibited in this Declaration.
3.17 No Hazardous Activities. No activities shall be
conducted on any Lot or the Common Area and no improvements
constructed on the Property which are or might be unsafe or
hazardous.
3.16 Nuisances; Offensive Activities. No use or practice
which is either an annoyance to Owners or an interference with
the peaceful possession and proper use of the Property by the
Owners shall be allowed. No nuisance shall be allowed upon any
Lot or the Common Area. No trade, craft, business, profession,
commercial or similar activity of any kind shall be conducted on
any Lot, nor shall any goods, equipment, vehicles, materials or
supplies used in connection with any trade, service or business
be kept or stored on any Lot, excepting the right of any home
builder and the Declarant to construct residences on any Lot and
to store construction materials and equipment on said Lots in the
normal course of said construction.
3.19 Insurance. No Owner shall permit any use of his Lot
or make any use of the Common Area that will increase the cost of
insurance upon the Property.
3.20 Lawful Use. No immoral, improper, obnoxious,
offensive or unlawful use shall be made of the Property
including, but not limited to, any of the Lots and the Common
Area. All valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction shall be observed. The
responsibility of meeting the requirements of governmental bodies
for maintenance, modification, or repair of the Lots, including
any buildings or structures thereon, the Common Area, and any
other property owned'by the Association, shall be the same as the
responsibility for maintenance and repair of the property
concerned.
3.21 Use of Common Area. The Common Area shall be used
only for the purposes for which they are intended in the
furnishing of services and facilities for the enjoyment of the
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 9
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3.16 Unsightly Articles; Outside Activities. No
unsightliness shall be permitted on any Lot or the Common Area.
Without limiting the generality of the foregoing, any unsightly
facility, equipment or structure shall be enclosed within
approved structures, or appropriately screened from view. No
outside operations, including but not limited to, automobile,
truck, machinery, and equipment repairs and the hanging, drying,
or airing of clothing or household fabrics, shall be permitted on
any Lot, unless the same are visually screened from public view.
Any article, activity, event, or condition which, in the sole
discretion of the Architectural Committee, creates an unsightly
or blighted influence on the Property shall be corrected,
removed, or obscured from public view, as the case may be,
notwithstanding the fact that the same may not be specifically
described and/or prohibited in this Declaration.
3.17 No Hazardous Activities. No activities shall be
conducted on any Lot or the Common Area and no improvements
constructed on the Property which are or might be unsafe or
hazardous.
3.16 Nuisances; Offensive Activities. No use or practice
which is either an annoyance to Owners or an interference with
the peaceful possession and proper use of the Property by the
Owners shall be allowed. No nuisance shall be allowed upon any
Lot or the Common Area. No trade, craft, business, profession,
commercial or similar activity of any kind shall be conducted on
any Lot, nor shall any goods, equipment, vehicles, materials or
supplies used in connection with any trade, service or business
be kept or stored on any Lot, excepting the right of any home
builder and the Declarant to construct residences on any Lot and
to store construction materials and equipment on said Lots in the
normal course of said construction.
3.19 Insurance. No Owner shall permit any use of his Lot
or make any use of the Common Area that will increase the cost of
insurance upon the Property.
3.20 Lawful Use. No immoral, improper, obnoxious,
offensive or unlawful use shall be made of the Property
including, but not limited to, any of the Lots and the Common
Area. All valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction shall be observed. The
responsibility of meeting the requirements of governmental bodies
for maintenance, modification, or repair of the Lots, including
any buildings or structures thereon, the Common Area, and any
other property owned'by the Association, shall be the same as the
responsibility for maintenance and repair of the property
concerned.
3.21 Use of Common Area. The Common Area shall be used
only for the purposes for which they are intended in the
furnishing of services and facilities for the enjoyment of the
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 9
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3.16 Unsightly Articles; Outside Activities. No
unsightliness shall be permitted on any Lot or the Common Area.
Without limiting the generality of the foregoing, any unsightly
facility, equipment or structure shall be enclosed within
approved structures, or appropriately screened from view. No
outside operations, including but not limited to, automobile,
truck, machinery, and equipment repairs and the hanging, drying,
or airing of clothing or household fabrics, shall be permitted on
any Lot, unless the same are visually screened from public view.
Any article, activity, event, or condition which, in the sole
discretion of the Architectural Committee, creates an unsightly
or blighted influence on the Property shall be corrected,
removed, or obscured from public view, as the case may be,
notwithstanding the fact that the same may not be specifically
described and/or prohibited in this Declaration.
3.17 No Hazardous Activities. No activities shall be
conducted on any Lot or the Common Area and no improvements
constructed on the Property which are or might be unsafe or
hazardous.
3.16 Nuisances; Offensive Activities. No use or practice
which is either an annoyance to Owners or an interference with
the peaceful possession and proper use of the Property by the
Owners shall be allowed. No nuisance shall be allowed upon any
Lot or the Common Area. No trade, craft, business, profession,
commercial or similar activity of any kind shall be conducted on
any Lot, nor shall any goods, equipment, vehicles, materials or
supplies used in connection with any trade, service or business
be kept or stored on any Lot, excepting the right of any home
builder and the Declarant to construct residences on any Lot and
to store construction materials and equipment on said Lots in the
normal course of said construction.
3.19 Insurance. No Owner shall permit any use of his Lot
or make any use of the Common Area that will increase the cost of
insurance upon the Property.
3.20 Lawful Use. No immoral, improper, obnoxious,
offensive or unlawful use shall be made of the Property
including, but not limited to, any of the Lots and the Common
Area. All valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction shall be observed. The
responsibility of meeting the requirements of governmental bodies
for maintenance, modification, or repair of the Lots, including
any buildings or structures thereon, the Common Area, and any
other property owned'by the Association, shall be the same as the
responsibility for maintenance and repair of the property
concerned.
3.21 Use of Common Area. The Common Area shall be used
only for the purposes for which they are intended in the
furnishing of services and facilities for the enjoyment of the
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 9
dLts. There shall be no use of the Common Area except by the
Owners thereof, their invitees, guests or tenants. There shall
be no obstruction of any of the Common Area. Nothing shall be
stored, kept, parked, built, erected, installed, or altered in
the Common Area without the prior consent of the Association. No
waste shall be committed in the Common Area.
ARTICLE IV
ARCHITECTURAL COMMITTEE
4.1 Architectural Committee.
A. The architectural control of the Lots and Common
Area within the Property shall be managed by an Architectural
Committee consisting of a chairman, who shall be a Member of the
Board of Directors, and two (2) or more representatives appointed
by the Board. The Members of the Committee shall not be entitled
to any compensation for services performed in connection with
their responsibilities hereunder.
B. Initial Committee. The names and addresses of the
Members of the first Architectural Committee who shall hold
office until their successors are appointed, or until removed,
are as follows:
Dennis V. Marshall
1526 E. 1st. Street
Meridian, Idaho 83642
Suzanne Marshall
1526 E. 1st. Street
Meridian, Idaho 83642
Robert Bodine
1526 E. 1st Street
Meridian, Idaho 83642
4.2 Plan Approval. No dwelling, garage, accessory
building, fence, wall or other structure shall be built, erected,
or placed upon any Lot, nor shall any exterior addition, change
or alteration be made thereto until one (1) complete set of plans
and specifications for same shall have been submitted to and
approved in writing by the Architectural Committee. The plans to
be submitted to and approved by the Committee shall include the
following:
A. Site Plan. A Site Plan shall be submitted to the
Committee showing the location of all buildings, fences, walls,
or other structures proposed to be built, erected, placed or
altered on the Lot, and all setbacks, driveways, and other
pertinent information relating to the improvements to be
constructed.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 10
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B. Building Plan. A Building Plan shall be submitted
to the Committee consisting of drawings showing the floor
plan(s), elevations and sections, and foundation(s) for such
buildings and other proposed improvements, and containing
specifications that indicate the exterior colors, materials and
finishes to be used.
C. Landscape Plan. A Landscape Plan shall be
submitted to the Committee for the front and side street yards
which Plan shall show the location, type and size of trees,
ground cover, shrubs, grading, drainage, fences, freestanding
mailboxes, and walkways.
4.3 Review Guidelines and Standards. In reviewing the
plans and specifications submitted by an Owner and in approving
or disapproving the same, the Committee shall use its best
efforts and judgment to assure that all buildings, fences, walls,
and other structures within the Property shall be complimentary
and harmonious in design, materials and color to the end that all
Lots and the Common Area shall be developed in accordance with a
common design theme and that all improvements erected, placed,
constructed, or altered within the Property shall produce and
contribute to an orderly and aesthetically complimentary building
design and appearance. The following standards and guidelines
shall be followed by the Committee in determining whether the
plans, and specifications submitted shall be approved:
A. Design. The design and style of each building and
structure within the Property should be consistent to the end
that same form a compatible mix.
B. Materials. The exterior materials for all
buildings and structures within the Property shall be compatible
in order to create a unified and harmonious appearance.
C. Colors. The exterior colors of all buildings and
structures within the Property shall blend and shall be
complimentary. Brightly painted or finished exterior coverings
or trim shall be prohibited. Subdued colors will be encouraged.
The Architectural Committee shall have the right to refuse
to approve any design, plan, color or other specification for any
building or structure to be erected, placed, constructed or
altered within the Property which, in its option, is not suitable
or desirable for any reason, aesthetic or otherwise. All
improvements and alterations shall comply substantially with the
plans and specifications approved.
4.4 Time Limit for Review. The Committee shall approve or
disapprove plans, specifications, or details within fifteen (15)
days from the receipt thereof, or shall notify the person
submitting them that an additional period of time, not to exceed
fifteen (15) days is required for such approval or disapproval.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 11
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B. Building Plan. A Building Plan shall be submitted
to the Committee consisting of drawings showing the floor
plan(s), elevations and sections, and foundation(s) for such
buildings and other proposed improvements, and containing
specifications that indicate the exterior colors, materials and
finishes to be used.
C. Landscape Plan. A Landscape Plan shall be
submitted to the Committee for the front and side street yards
which Plan shall show the location, type and size of trees,
ground cover, shrubs, grading, drainage, fences, freestanding
mailboxes, and walkways.
4.3 Review Guidelines and Standards. In reviewing the
plans and specifications submitted by an Owner and in approving
or disapproving the same, the Committee shall use its best
efforts and judgment to assure that all buildings, fences, walls,
and other structures within the Property shall be complimentary
and harmonious in design, materials and color to the end that all
Lots and the Common Area shall be developed in accordance with a
common design theme and that all improvements erected, placed,
constructed, or altered within the Property shall produce and
contribute to an orderly and aesthetically complimentary building
design and appearance. The following standards and guidelines
shall be followed by the Committee in determining whether the
plans, and specifications submitted shall be approved:
A. Design. The design and style of each building and
structure within the Property should be consistent to the end
that same form a compatible mix.
B. Materials. The exterior materials for all
buildings and structures within the Property shall be compatible
in order to create a unified and harmonious appearance.
C. Colors. The exterior colors of all buildings and
structures within the Property shall blend and shall be
complimentary. Brightly painted or finished exterior coverings
or trim shall be prohibited. Subdued colors will be encouraged.
The Architectural Committee shall have the right to refuse
to approve any design, plan, color or other specification for any
building or structure to be erected, placed, constructed or
altered within the Property which, in its option, is not suitable
or desirable for any reason, aesthetic or otherwise. All
improvements and alterations shall comply substantially with the
plans and specifications approved.
4.4 Time Limit for Review. The Committee shall approve or
disapprove plans, specifications, or details within fifteen (15)
days from the receipt thereof, or shall notify the person
submitting them that an additional period of time, not to exceed
fifteen (15) days is required for such approval or disapproval.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 11
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B. Building Plan. A Building Plan shall be submitted
to the Committee consisting of drawings showing the floor
plan(s), elevations and sections, and foundation(s) for such
buildings and other proposed improvements, and containing
specifications that indicate the exterior colors, materials and
finishes to be used.
C. Landscape Plan. A Landscape Plan shall be
submitted to the Committee for the front and side street yards
which Plan shall show the location, type and size of trees,
ground cover, shrubs, grading, drainage, fences, freestanding
mailboxes, and walkways.
4.3 Review Guidelines and Standards. In reviewing the
plans and specifications submitted by an Owner and in approving
or disapproving the same, the Committee shall use its best
efforts and judgment to assure that all buildings, fences, walls,
and other structures within the Property shall be complimentary
and harmonious in design, materials and color to the end that all
Lots and the Common Area shall be developed in accordance with a
common design theme and that all improvements erected, placed,
constructed, or altered within the Property shall produce and
contribute to an orderly and aesthetically complimentary building
design and appearance. The following standards and guidelines
shall be followed by the Committee in determining whether the
plans, and specifications submitted shall be approved:
A. Design. The design and style of each building and
structure within the Property should be consistent to the end
that same form a compatible mix.
B. Materials. The exterior materials for all
buildings and structures within the Property shall be compatible
in order to create a unified and harmonious appearance.
C. Colors. The exterior colors of all buildings and
structures within the Property shall blend and shall be
complimentary. Brightly painted or finished exterior coverings
or trim shall be prohibited. Subdued colors will be encouraged.
The Architectural Committee shall have the right to refuse
to approve any design, plan, color or other specification for any
building or structure to be erected, placed, constructed or
altered within the Property which, in its option, is not suitable
or desirable for any reason, aesthetic or otherwise. All
improvements and alterations shall comply substantially with the
plans and specifications approved.
4.4 Time Limit for Review. The Committee shall approve or
disapprove plans, specifications, or details within fifteen (15)
days from the receipt thereof, or shall notify the person
submitting them that an additional period of time, not to exceed
fifteen (15) days is required for such approval or disapproval.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 11
glans, specifications and details not approved or disapproved
within the time limits provided herein, shall be deemed approved
as submitted.
4.5 Owneres Responsibilities. The approval of plans by the
Committee shall not relieve the Owner of the necessity of
obtaining a building permit(s) from those governmental entities
having jurisdiction and control over the Property and otherwise
complying with all laws, statutes, ordinances and regulations
effecting the same. 'Notwithstanding the approval by the
Committee, each Owner submitting such plans and specifications,
shall be solely responsible for the sufficiency thereof.
Further, neither Declarant nor the Members of the Committee shall
be liable for any loss or damage or claim thereof arising from
any defect or alleged defect in such plans and specifications or
use any use thereof.
4.6 Variances. The Architectural Committee shall have the
right, upon approval by a majority of the Members of said
Committee, to allow reasonable variances and adjustments of the
terms, covenants and conditions contained in this Declaration in
order to overcome practical difficulties and prevent unnecessary
hardships in the application of the provisions contained herein;
PROVIDED, HOWEVER, that any such variance shall be allowed only
in conformity with the intent and purposes hereof and provided
further that in every instance such variance or adjustment shall
not be in violation of any zoning ordinance or other governmental
regulations effecting the Property and will not be materially
detrimental or injurious to other Lots on the Common Area within
the Property. No such variance or adjustment allowed by the
Committee shall constitute an amendment of this Amended and
Restated Declaration or entitle any other Owner to the same or
similar variance or adjustment and each request therefor shall be
decided by the Committee on its own merits.
ARTICLE V
HOMEOWNERS ASSOCIATION
5.1 The Organization. The Association is a non-profit
Membership corporation organized under the laws of the state of
Idaho and formed for the specific purposes of maintaining,
managing and preserving the Common Area, providing for the
architectural control of the Lots and Common Area, and promoting
the health, safety, and welfare of the residents of the Property.
The Association shall'have all the powers and duties granted to
or imposed upon it by this Declaration, the Articles of
Incorporation, and the By -Laws.
5.2 Membership. Each Owner of a Lot which is subject to
assessment, including Declarant, by virtue of being an Owner and
for so long as Declarant is an Owner, shall be a Member of the
Association, or in the event of its dissolution, a Member of the
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 12
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unincorporated association succeeding to the Association,
provided that any person or entity who holds an interest in a Lot
merely as security for the performance of an obligation shall not
be a Member. Each Lot Owner shall be entitled to one (1)
Membership in the Association for each Lot owned. Association
Membership shall be appurtenant to and may not be separated from
the ownership of any Lot. Upon termination of Lot ownership,
Membership in the Association shall also terminate. Ownership of
a Lot shall be the sole qualification for Membership in the
Association. Except as otherwise provided herein, the rights,
duties, privileges and obligations of all Members of the
Association shall be as provided in this Declaration, the
Articles, By -Laws and Rules of the Association. The Membership
of any Owner shall not be transferred, pledged or alienated in
any way except upon transfer of title to the Owner's Lot and then
only to the transferee of title to such Lot. Any attempt to make
a prohibited transfer is void.
5.3 All Owners Subject to Declaration. Every Owner of a
Lot, whether he has acquired his Ownership by purchase, gift,
conveyance, transfer by operation of law or otherwise, shall be
bound by the By -Laws and Articles of Incorporation of the
Association and by the provisions of this Declaration.
5.4 Voting Rights. The Association shall have two classes
of voting Membership:
Class A. Class A Members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one 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 provided in the By -Laws, but in no
event shall more than one vote be cast with respect to any Lot.
Class B. The Class B Member(s) shall be the Declarant
(as defined in the Declaration), who shall be entitled to three
(3) votes for each Lot owned. The Class B Membership shall cease
and be converted to Class A Membership on the happening of either
of the following events, whichever occurs earlier;
(a) When the total votes outstanding in the Class
A Membership equal the total votes
outstanding in the Class B Membership; or
(b) on July 1, 1993.
5.5 Board of Directors.
A. The affairs of the Association will be managed by a
Board consisting of the number of directors determined by the
By -Laws, but not less than three (3) directors. Directors of the
Association shall be nominated, elected and removed and vacancies
on the Board of Directors shall be filled in the manner provided
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 13
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S. Initial Board. The names and addresses of the
Members of the initial Board of Directors who shall hold office
until their successors are elected and have qualified, or until
removed, are as follows:
Dennis V. Marshall
1526 E. 1st. Street
Meridian, Idaho 83642
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Suzanne Marshall
1526 E. 1st. Street
Meridian, Idaho 83642
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Robert Bodine
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1526 E. 1st. Street
Meridian, Idaho 83642
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5.6 General Powers, Duties and Authority of the
Association. The Association shall have all of the powers set
forth in the Articles, together with the general power to do any
and all things that a corporation organized under the laws of the
State of Idaho may lawfully do in operating for the benefit of
its Members, subject'only to the limitations upon the exercise of
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such powers as are expressly set forth in the Articles, the
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By -Laws and this Declaration. The Association shall have the
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power to do any and all lawful things which may be authorized,
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required or permitted to be done by the Association under and by
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virtue of this Declaration and to do and perform any and all acts
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which may be necessary or proper for or incidental to the
exercise of any of the express powers of the Association or for
the peace, health, comfort, safety and/or general welfare of the
Owners and guests of the Owners. The Association may delegate
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any of its power to such committees, officers or employees
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thereof as a majority of the Board may deem appropriate. Without
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limiting the generality of the foregoing paragraph, the
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Association, for the benefit of the Property and all Lot Owners,
shall have the power, obligation and duty to enforce the
provisions of this Declaration and shall obtain and pay for out
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of the maintenance fund all Common Expenses of the Property, as
that term is defined and used in Article VI of this Declaration.
5.7 Capital Improvements. The Association may purchase or
construct capital improvements in the Common Area and assess.the
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Owners for the costs'thereof, provided that if the cost of any
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such capital improvement shall be in excess of five percent (5%)
of the budgeted gross expenses for the current fiscal year, the
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authorization for such purchase must be by the affirmative vote
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of at least two-thirds (2/3) of the Voting Owners, including
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Declarant, voting in person or by proxy at a meeting duly called
for said purpose.
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SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 14
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5.8 Annual Operating Statement. The Board shall prepare an
annual operating statement reflecting income and expenditures of
the Association for the preceding calendar year and the
allocation thereof to each Lot. A copy of such report shall be
distributed to each tot Owner within sixty (60) days after the
end of each fiscal year. The Board shall prepare a pro forma
operating statement (budget) and distribute the same to the Lot
Owners at least thirty (30) days prior to the beginning of each
fiscal year.
5.9 Dedication. The Association shall have the power to
dedicate any of the Common Area to an
appropriate authority for public use, provided that any such ded cation
`{ have the assent of seventy five shall
Owners.
Y- percent (75%) of the Voting
5.10 Project Rules.
A. The Board may, from time to time, and subject to
the provisions of this Declaration, make and amend reasonable
Rules concerning the Property.
B. With respect to Subparagraph (A) above, the Rules
may, without limitation and to the extent deemed necessary by the
Board to preserve the benefits of the Property for all Lot
Owners, and their families, invitees, licensees, tenants and
guests, restrict and/or govern the use of the Common Area by any
guest, by any Owner, or by the family of such Owner, provided,
however, that with respect to use of the Common Area, the Rules
may not discriminate between Owners and the families and lessees
of Owners.
C. A copy of the Rules shall be furnished to each Lot
Owner and each Lot Owner, his family, guests, employees,
invitees, licensees, or tenants shall comply with such Rules.
5.11 Enforcement. The Board shall have the power,
obligation and duty to enforce the provisions of this
Declaration, the By -Laws and the Rules. In the event of a breach
of any of the restrictions contained in this Declaration or of
any Rules by a Lot Owner, his family, guests, employees,
invitees, licensees, or tenants, the Board, for and on behalf of
all other Lot Owners, may enforce the obligations of each Owner
to obey such Rules or restrictions in any manner provided by 1$w
or in equity including; but not limited to, commencing
appropriate legal action, suspending the Owners right to use the
Common Area and facilities of the Property or suspending the
Owners voting rights, provided however, such suspension may not
be for a period in excess of thirty (30) days, after notice and
hearing as herein provided, for an infraction of such Rules. In
addition to the other remedies herein set forth, the Board, by
majority vote, may levy a fine against such Owner, after
appropriate notice and hearing as herein provided, in an amount
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 15
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5.10 Project Rules.
A. The Board may, from time to time, and subject to
the provisions of this Declaration, make and amend reasonable
Rules concerning the Property.
B. With respect to Subparagraph (A) above, the Rules
may, without limitation and to the extent deemed necessary by the
Board to preserve the benefits of the Property for all Lot
Owners, and their families, invitees, licensees, tenants and
guests, restrict and/or govern the use of the Common Area by any
guest, by any Owner, or by the family of such Owner, provided,
however, that with respect to use of the Common Area, the Rules
may not discriminate between Owners and the families and lessees
of Owners.
C. A copy of the Rules shall be furnished to each Lot
Owner and each Lot Owner, his family, guests, employees,
invitees, licensees, or tenants shall comply with such Rules.
5.11 Enforcement. The Board shall have the power,
obligation and duty to enforce the provisions of this
Declaration, the By -Laws and the Rules. In the event of a breach
of any of the restrictions contained in this Declaration or of
any Rules by a Lot Owner, his family, guests, employees,
invitees, licensees, or tenants, the Board, for and on behalf of
all other Lot Owners, may enforce the obligations of each Owner
to obey such Rules or restrictions in any manner provided by 1$w
or in equity including; but not limited to, commencing
appropriate legal action, suspending the Owners right to use the
Common Area and facilities of the Property or suspending the
Owners voting rights, provided however, such suspension may not
be for a period in excess of thirty (30) days, after notice and
hearing as herein provided, for an infraction of such Rules. In
addition to the other remedies herein set forth, the Board, by
majority vote, may levy a fine against such Owner, after
appropriate notice and hearing as herein provided, in an amount
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 15
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5.10 Project Rules.
A. The Board may, from time to time, and subject to
the provisions of this Declaration, make and amend reasonable
Rules concerning the Property.
B. With respect to Subparagraph (A) above, the Rules
may, without limitation and to the extent deemed necessary by the
Board to preserve the benefits of the Property for all Lot
Owners, and their families, invitees, licensees, tenants and
guests, restrict and/or govern the use of the Common Area by any
guest, by any Owner, or by the family of such Owner, provided,
however, that with respect to use of the Common Area, the Rules
may not discriminate between Owners and the families and lessees
of Owners.
C. A copy of the Rules shall be furnished to each Lot
Owner and each Lot Owner, his family, guests, employees,
invitees, licensees, or tenants shall comply with such Rules.
5.11 Enforcement. The Board shall have the power,
obligation and duty to enforce the provisions of this
Declaration, the By -Laws and the Rules. In the event of a breach
of any of the restrictions contained in this Declaration or of
any Rules by a Lot Owner, his family, guests, employees,
invitees, licensees, or tenants, the Board, for and on behalf of
all other Lot Owners, may enforce the obligations of each Owner
to obey such Rules or restrictions in any manner provided by 1$w
or in equity including; but not limited to, commencing
appropriate legal action, suspending the Owners right to use the
Common Area and facilities of the Property or suspending the
Owners voting rights, provided however, such suspension may not
be for a period in excess of thirty (30) days, after notice and
hearing as herein provided, for an infraction of such Rules. In
addition to the other remedies herein set forth, the Board, by
majority vote, may levy a fine against such Owner, after
appropriate notice and hearing as herein provided, in an amount
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 15
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not to exceed One Hundred Dollars ($100.00) for each such
violation and the payment of such fine may be enforced in the
same manner as set forth in Article VI hereof. Prior to imposing
any penalty provided herein for breach of any Rules enacted
hereunder or restrictions contained in this Declaration, the
Board shall send written notice to the Lot Owner specifying the
nature of the infraction and provide an opportunity to the Lot
Owner to a hearing before the Board regarding such infraction and
the penalty to be imposed. In the event that the Board
determines that said infraction has occurred and that a penalty
shall be imposed, after a reasonable opportunity for a hearing
has been provided, the determination of the Board shall be final.
Notwithstanding anything to the contrary herein contained,
neither the Board nor the Association of Members shall have the
power to cause a forfeiture or abridgement of an Owner's right to
the full use and enjoyment of his Lot, including his right of
ingress and egress to his Lot on account of such Owner's failure
to comply with the provisions of this Declaration or of the By -
Laws or any Rules adopted by the Board relating to the operation
of the Property, except as the result of a judgment of a court or
a decision arising out of arbitration or on account of a
foreclosure or under the power of sale herein granted for failure
of the Owner to pay the assessments levied pursuant to the
provisions hereof. In the event legal action is instituted by
the Board pursuant to this paragraph, any judgment rendered in
any such action shall include costs of collection, court costs,
and reasonable attorney fees.
5.12 Books and Records. The books, records, papers and
current financial statement of the Association shall at all
times, during reasonable business hours, be subject to inspection
by any Lot Owner or his duly appointed representative, and by any
prospective purchaser of a Lot. The Declaration, Articles of
Incorporation, By -Laws and Rules for the Project shall also be
available for inspection by any Lot Owner or prospective
purchaser at the Association's principal office where copies may
be purchased at a reasonable cost.
5.13 Limitation Rpon Liability of Association. The
Association, notwithstanding its duty to maintain and repair
parts of the Property, shall not be liable to Lot Owners for
injury or damage, other than the cost of maintenance and repair,
caused by any latent condition of the Property to be repaired and
maintained by the Association, or caused by the elements or other
Owners or persons.
ARTICLE VI
MAINTENANCE ASSESSMENTS AND ASSOCIATION FUNDS
6.1 Covenants for Maintenance Assessments. Declarant
hereby covenants for each Lot owned by it within the Property,
and each Owner of any Lot by acceptance of a deed therefore,
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 16
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0hether or not it shall be so expressed in any such deed of other
conveyance, shall be deemed to covenant and agree to pay to the
Association the assessments levied pursuant to this Article VI
and thereby vest in the Association the right, power and
authority to bring all actions for the collection of such charges
and for the enforcement of the lien created hereby. Such right
and power shall continue in the Association, and such obligations
shall run with the land, so that each successive owner or owners
of record of a Lot within the Property shall in turn become
liable to pay all such assessments which shall become a lien
thereon during the time they are the record owner thereof. Each
assessment levied by the Association under this Article VI shall
constitute a separate assessment. Each assessment, together with
interest thereon, costs of collection and reasonable attorneys'
fees, shall be a charge on the Lot and shall be a continuing lien
upon the Lot against which each such assessment is made. The
Association, as the agent of all Lot Owners, shall have a
separate lien, and a separate lien with power of sale is hereby
created upon each Lot against which an assessment is made to
secure the payment of any assessments under this Article VI.
Each such lien for any particular month's charge shall likewise
secure interest thereon if the same is not paid when due, and
costs of suit and reasonable attorneys' fees to be fixed by the
Court if action or suit is brought to collect such charge. The
priority of all such liens shall be in inverse order so that upon
the foreclosure of the lien for a particular month's charge, and
any foreclosure sale pursuant thereto will be made subject to all
liens securing the respective monthly charges on such Lot for
succeeding months. Each such assessment, together with such
interest, attorneys' fees and costs of collection shall also be a
separate, distinct and personal obligation of the Owner of the
Lot at the time when the assessment fell due and shall bind his
heirs, devises, personal representatives and assigns. The
personal obligation for delinquent assessments shall not pass to
an Owner's successor in title unless expressly assumed by such
successor, but the lien for such delinquent assessment shall
remain and if unpaid by such successive Lot Owner, it may be
foreclosed as herein provided. No such assumption of personal
liability by a successor Lot Owner shall relieve any Lot Owner
from such owner's personal liability hereunder for a delinquent
assessment. After a record Lot Owner shall transfer record title
to his Lot, he shall not be liable for any charges thereafter
assessed against such Lot. A contract seller of any Lot shall
continue to be liable for all such charges until a conveyance by
him of the Lot subject to the assessment is recorded in the
Office of the County Recorder of the county in which the Property
is situated. '
6.2 Purpose of Assessments. The 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.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 17
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6.3 Regular Assessments.
A. Establishment of Regular Assessments. The Board
shall establish regular periodic assessments for the payment of
the Common Expenses of the Project by the procedures established
in this Paragraph. The Assessments shall commence upon the
closing of the first sale of a Lot in the Property, as that term
is hereinafter defined. Thereafter, the regular assessments
shall be due and payable in such installments during the
continuance of this Declaration as the Board of Director shall
determine.
B. Common Expenses. The Common Expenses of the
Property shall include, but not be limited to, the following:
i. Charges for utility service for the Common Area;
Area; ii. Gardening and landscaping services for the Common
iii. Charges for maintaining and cleaning any portion
of the Common Area;
iv. Insurance premiums for fire, windstorm and
extended coverage insurance on the Common Area and public
liability insurance, fidelity bond coverage and such other
insurance as the Association shall deem necessary;
v. Legal, accounting and management fees necessary
or proper for the maintenance and operation of the Common Area or
the enforcement of this Declaration;
vi. All taxes and assessments, if any, levied as
assessed separately against the Common Area;
Vii. Painting, maintenance and repair of the Common
Area, including, as necessary, replacement of components thereof
on a reasonable and prudent schedule of replacement;
Viii. Maintenance and repair of any dwelling, building
or structure on any Lot, if such maintenance or repair is
necessary, in the discretion of the Board, to protect the Common
Area or preserve the appearance and value of the Property, and
the Owner or Owners of said Lot have failed or refuse to perform
said maintenance or repair within a reasonable time after written
notice of the necessity therefore has been delivered by the Board
to said Lot owner; provided, however, the Board shall levy a
reimbursement assessment against such Lot for the cost of said
maintenance or repair;
ix. Reasonable reserves for contingencies and the
periodic maintenance, repair and replacement of improvements to
the Common Area;
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 18
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6.3 Regular Assessments.
A. Establishment of Regular Assessments. The Board
shall establish regular periodic assessments for the payment of
the Common Expenses of the Project by the procedures established
in this Paragraph. The Assessments shall commence upon the
closing of the first sale of a Lot in the Property, as that term
is hereinafter defined. Thereafter, the regular assessments
shall be due and payable in such installments during the
continuance of this Declaration as the Board of Director shall
determine.
B. Common Expenses. The Common Expenses of the
Property shall include, but not be limited to, the following:
i. Charges for utility service for the Common Area;
Area; ii. Gardening and landscaping services for the Common
iii. Charges for maintaining and cleaning any portion
of the Common Area;
iv. Insurance premiums for fire, windstorm and
extended coverage insurance on the Common Area and public
liability insurance, fidelity bond coverage and such other
insurance as the Association shall deem necessary;
v. Legal, accounting and management fees necessary
or proper for the maintenance and operation of the Common Area or
the enforcement of this Declaration;
vi. All taxes and assessments, if any, levied as
assessed separately against the Common Area;
Vii. Painting, maintenance and repair of the Common
Area, including, as necessary, replacement of components thereof
on a reasonable and prudent schedule of replacement;
Viii. Maintenance and repair of any dwelling, building
or structure on any Lot, if such maintenance or repair is
necessary, in the discretion of the Board, to protect the Common
Area or preserve the appearance and value of the Property, and
the Owner or Owners of said Lot have failed or refuse to perform
said maintenance or repair within a reasonable time after written
notice of the necessity therefore has been delivered by the Board
to said Lot owner; provided, however, the Board shall levy a
reimbursement assessment against such Lot for the cost of said
maintenance or repair;
ix. Reasonable reserves for contingencies and the
periodic maintenance, repair and replacement of improvements to
the Common Area;
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 18
z. All costs of enforcing the provisions of this
Declaration, including attorneys' fees and court costs, provided
that all costs incurred in the enforcement of the provisions of
this Declaration against any Lot Owner shall be assessed
specially against such Lot; and
ui. Any other expenses which are declared to be
Common Expenses by this Declaration or which the Board is
authorized to pay for pursuant to the terms of this Declaration
or which are reasonably necessary in the discretion of the Board
for the convenient operation of the Common Area.
C. Share of Common Expenses. Each Lot Owner shall be
liable for an equal share of the Common Expenses, which shall be
assessed and paid as provided herein. Said proportionate share
of Common Expenses shall remain regardless of the Lot's relative
size or value.
D. Common Surplus. Common Surplus is the excess of
all receipts of the Association including, but not limited to,
assessments, rents, and revenues on account of the Common Area,
over the amount of the Common Expenses. Any Common Surplus of
the Association shall be owned by each of the Unit Owners in the
same proportion as their respective share of the Common Expenses.
E. Budgeting. On or before the first business day of
the first month following the sale of the first Lot in the
Project, the Board shall prepare and distribute to each Member a
pro forma operating statement (budget) estimating the total
Common Expenses to be paid out of the maintenance fund, including
a reasonable reserve for contingencies, and thirty (30) days
prior to the beginning of each subsequent fiscal year, the Board
shall estimate the total Common Expenses to be paid out of the
maintenance fund during such year (including a reasonable reserve
for contingencies, deferred maintenance and replacements, and
less any expected surplus -from the prior year), and distribute a
copy of a pro forma operating statement (budget) to each Member;
PROVIDED, HOWEVER, the Board may not, without the prior vote or
written consent of a majority of the Voting Members of the
Association, excluding Declarant, impose a regular assessment per
Lot which is more than five percent (5%) greater than the regular
assessment per Lot for the immediately preceding fiscal year.
All funds budgeted, allocated, assessed and collected for
contingencies, -deferred maintenance and replacement of capital
improvements shall be designated for that purpose and said funds
shall be used solely for that specific purpose for which said
funds have been designated. Prior to each annual meeting of the
Association, the Lot Owners shall receive an accounting of
assessment receipts and disbursements for the prior year. If
such accounting shows a Common Surplus, the Lot Owners shall vote
as to whether to refund all or part of the Common Surplus or as
to whether such Common Surplus shall be carried over and applied
to reduce future assessments.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 19
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z. All costs of enforcing the provisions of this
Declaration, including attorneys' fees and court costs, provided
that all costs incurred in the enforcement of the provisions of
this Declaration against any Lot Owner shall be assessed
specially against such Lot; and
ui. Any other expenses which are declared to be
Common Expenses by this Declaration or which the Board is
authorized to pay for pursuant to the terms of this Declaration
or which are reasonably necessary in the discretion of the Board
for the convenient operation of the Common Area.
C. Share of Common Expenses. Each Lot Owner shall be
liable for an equal share of the Common Expenses, which shall be
assessed and paid as provided herein. Said proportionate share
of Common Expenses shall remain regardless of the Lot's relative
size or value.
D. Common Surplus. Common Surplus is the excess of
all receipts of the Association including, but not limited to,
assessments, rents, and revenues on account of the Common Area,
over the amount of the Common Expenses. Any Common Surplus of
the Association shall be owned by each of the Unit Owners in the
same proportion as their respective share of the Common Expenses.
E. Budgeting. On or before the first business day of
the first month following the sale of the first Lot in the
Project, the Board shall prepare and distribute to each Member a
pro forma operating statement (budget) estimating the total
Common Expenses to be paid out of the maintenance fund, including
a reasonable reserve for contingencies, and thirty (30) days
prior to the beginning of each subsequent fiscal year, the Board
shall estimate the total Common Expenses to be paid out of the
maintenance fund during such year (including a reasonable reserve
for contingencies, deferred maintenance and replacements, and
less any expected surplus -from the prior year), and distribute a
copy of a pro forma operating statement (budget) to each Member;
PROVIDED, HOWEVER, the Board may not, without the prior vote or
written consent of a majority of the Voting Members of the
Association, excluding Declarant, impose a regular assessment per
Lot which is more than five percent (5%) greater than the regular
assessment per Lot for the immediately preceding fiscal year.
All funds budgeted, allocated, assessed and collected for
contingencies, -deferred maintenance and replacement of capital
improvements shall be designated for that purpose and said funds
shall be used solely for that specific purpose for which said
funds have been designated. Prior to each annual meeting of the
Association, the Lot Owners shall receive an accounting of
assessment receipts and disbursements for the prior year. If
such accounting shows a Common Surplus, the Lot Owners shall vote
as to whether to refund all or part of the Common Surplus or as
to whether such Common Surplus shall be carried over and applied
to reduce future assessments.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 19
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F. Additional Assessments. In the event the
Association is required to make any Common Expense expenditure,
the necessity for which was not foreseen at the commencement of
the calendar year, or if the Board's original estimate of the
annual assessment is inadequate and there are not sufficient
funds available in the maintenance fund, the Board may levy an
additional assessment, which additional assessment shall be
charged to all Unit Owners in the same manner as regular
assessments, except as otherwise expressly provided herein
provided, however, the Board shall not in any fiscal year of the
Association, levy additional assessments to defray the costs of
any action or undertaking on behalf of the Association which in
the aggregate exceed five percent (5%) of the budgeted gross
expenses of the Association for that fiscal year unless the prior
consent of Voting Owners representing greater than fifty percent
(50%) of the voting power of the Association is first obtained.
G. Exclusion for Declarantes Lots. Until July 1,
1991, all Lots owned by Declarant shall not be subject to
assessments, nor shall Declarant share in any Common Surplus, as
that term is above defined.
6.6 Initial Contribution To Working Capital. At the time
of closing the initial sale of a Lot, the purchaser shall make an
initial contribution to the working capital of the Association
equal to two (2) months of Association regular assessments for
the Lot. Such initial contribution shall not be considered as
advance payments of regular assessments.
6.5 Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment shall be one hundred twenty-
five dollars ($125.00) per Lot.
6.6 Bpecial Assessments. In addition to the regular
assessments authorized by Paragraph 6.2 hereof, the Board may
levy special assessments as provided in Article VII, entitled
Maintenance, Alterations and Improvements".
6.7 Reimbursement Assessments. The Board shall levy a
reimbursement assessment against any Lot Owner and the Lot owned
by each Owner whose failure to comply with the provisions of this
Declaration or the Association Rules has necessitated an
expenditure of monies by the Association from the maintenance•
fund in performing itk functions under this Declaration. Such
assessments shall be for the purpose of reimbursing the
Association, shall be limited to the amount so expended, and
shall be due and payable to the Association when levied.
6.8 Non -Waiver of Assessments. The omission by the Board,
before the expiration of any year, to fix the assessments
hereunder for that or the next year, shall not be deemed a waiver
or modification in any respect of the provisions of this
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 20
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F. Additional Assessments. In the event the
Association is required to make any Common Expense expenditure,
the necessity for which was not foreseen at the commencement of
the calendar year, or if the Board's original estimate of the
annual assessment is inadequate and there are not sufficient
funds available in the maintenance fund, the Board may levy an
additional assessment, which additional assessment shall be
charged to all Unit Owners in the same manner as regular
assessments, except as otherwise expressly provided herein
provided, however, the Board shall not in any fiscal year of the
Association, levy additional assessments to defray the costs of
any action or undertaking on behalf of the Association which in
the aggregate exceed five percent (5%) of the budgeted gross
expenses of the Association for that fiscal year unless the prior
consent of Voting Owners representing greater than fifty percent
(50%) of the voting power of the Association is first obtained.
G. Exclusion for Declarantes Lots. Until July 1,
1991, all Lots owned by Declarant shall not be subject to
assessments, nor shall Declarant share in any Common Surplus, as
that term is above defined.
6.6 Initial Contribution To Working Capital. At the time
of closing the initial sale of a Lot, the purchaser shall make an
initial contribution to the working capital of the Association
equal to two (2) months of Association regular assessments for
the Lot. Such initial contribution shall not be considered as
advance payments of regular assessments.
6.5 Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment shall be one hundred twenty-
five dollars ($125.00) per Lot.
6.6 Bpecial Assessments. In addition to the regular
assessments authorized by Paragraph 6.2 hereof, the Board may
levy special assessments as provided in Article VII, entitled
Maintenance, Alterations and Improvements".
6.7 Reimbursement Assessments. The Board shall levy a
reimbursement assessment against any Lot Owner and the Lot owned
by each Owner whose failure to comply with the provisions of this
Declaration or the Association Rules has necessitated an
expenditure of monies by the Association from the maintenance•
fund in performing itk functions under this Declaration. Such
assessments shall be for the purpose of reimbursing the
Association, shall be limited to the amount so expended, and
shall be due and payable to the Association when levied.
6.8 Non -Waiver of Assessments. The omission by the Board,
before the expiration of any year, to fix the assessments
hereunder for that or the next year, shall not be deemed a waiver
or modification in any respect of the provisions of this
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 20
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F. Additional Assessments. In the event the
Association is required to make any Common Expense expenditure,
the necessity for which was not foreseen at the commencement of
the calendar year, or if the Board's original estimate of the
annual assessment is inadequate and there are not sufficient
funds available in the maintenance fund, the Board may levy an
additional assessment, which additional assessment shall be
charged to all Unit Owners in the same manner as regular
assessments, except as otherwise expressly provided herein
provided, however, the Board shall not in any fiscal year of the
Association, levy additional assessments to defray the costs of
any action or undertaking on behalf of the Association which in
the aggregate exceed five percent (5%) of the budgeted gross
expenses of the Association for that fiscal year unless the prior
consent of Voting Owners representing greater than fifty percent
(50%) of the voting power of the Association is first obtained.
G. Exclusion for Declarantes Lots. Until July 1,
1991, all Lots owned by Declarant shall not be subject to
assessments, nor shall Declarant share in any Common Surplus, as
that term is above defined.
6.6 Initial Contribution To Working Capital. At the time
of closing the initial sale of a Lot, the purchaser shall make an
initial contribution to the working capital of the Association
equal to two (2) months of Association regular assessments for
the Lot. Such initial contribution shall not be considered as
advance payments of regular assessments.
6.5 Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment shall be one hundred twenty-
five dollars ($125.00) per Lot.
6.6 Bpecial Assessments. In addition to the regular
assessments authorized by Paragraph 6.2 hereof, the Board may
levy special assessments as provided in Article VII, entitled
Maintenance, Alterations and Improvements".
6.7 Reimbursement Assessments. The Board shall levy a
reimbursement assessment against any Lot Owner and the Lot owned
by each Owner whose failure to comply with the provisions of this
Declaration or the Association Rules has necessitated an
expenditure of monies by the Association from the maintenance•
fund in performing itk functions under this Declaration. Such
assessments shall be for the purpose of reimbursing the
Association, shall be limited to the amount so expended, and
shall be due and payable to the Association when levied.
6.8 Non -Waiver of Assessments. The omission by the Board,
before the expiration of any year, to fix the assessments
hereunder for that or the next year, shall not be deemed a waiver
or modification in any respect of the provisions of this
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 20
A
Declaration, or a release of any Lot Owner from the obligation to
pay the assessments, or any installment thereof for that or any
subsequent year, but the assessment fixed for the preceding year
shall continue until a new assessment is fixed. No Lot Owner, by
non-use of the Common Area, may waive or otherwise escape
liability for assessments.
6.9 Enforcement. Each Owner of a Lot, upon becoming such
an Owner, is and shall be deemed to covenant and agree to pay to
the Association each and every of the assessments provided for in
this Declaration and shall be deemed to covenant and agree to the
enforcement of all such assessments in the manner herein
specified. In the event an attorney or attorneys are employed
for collection of any assessment, whether by suit or otherwise,
or to enforce compliance with or specific performance of the
terms and conditions of this Declaration, each Lot Owner agrees
to pay reasonable attorneys' fees and costs thereby incurred in
addition to any other amount due or any other relief or remedy
obtained against said Owner, and the same shall be included in
any judgment in any suit or action brought to enforce collection
of delinquent assessments. Any assessment not paid when due
shall be deemed to be delinquent. Any assessment not paid within
thirty (30) days after the date on which it becomes due shall
thereafter bear interest from the date of delinquency at the rate
of eighteen percent (18%) per annum. In addition to any other
remedies herein or by law provided, the Association, or its
authorized representative, may enforce the obligations of the
Owners to pay the assessments provided for in this Declaration,
and each of them, in any manner provided by law or in equity, and
without any limitation of the foregoing, by either or both of the
following procedures:
A. Enforcement By Suit. By commencement and
maintenance of a suit at law against any Lot Owner or Owners
personally obligated to pay assessments for such delinquent
assessments as to which they are personally obligated, such suit
to be maintained in the name of the Association. Any judgment
rendered in any such action shall include the amount of the
delinquency, together with interest thereon, costs of collection,
court costs and reasonable attorneys' fees in such amount as the
court may adjudge against the delinquent Owner. Suit to recover
judgment for unpaid assessments shall be maintainable without
foreclosing or waiving the lien hereinafter provided for.
B. Enforcement By Lien. There is a present lien,•with
power of sale, on each Lot to secure payment to the Association
of any and all assessments levied against such Lot pursuant to
this Declaration, together with interest thereon as herein
provided, and all costs of collection which may be paid or
incurred by the Association in connection therewith, including
reasonable attorneys' fees. No action shall be brought to
foreclose the lien securing an unpaid assessment until Notice of
Assessment Due signed by the Board (or by any Lot Owner if the
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION — 21
0
Board fails or refused to act) has been delivered to the Owner of
the Lot subject to such assessment, and a copy of such notice
recorded in the Office of the Recorder of Ada County. Said
notice shall state the amount of the assessment together with the
interest, costs and reasonable attorneys' fees, a description of
the Lot against which the same has been assessed and the name or
names of the record Owner or Owners thereof. After the
expiration of thirty (30) days from the date such Notice of
Assessment Due has been recorded, an action may be commenced in
the name of the Association to foreclose the lien or such action
may be commenced by any Owner if the Association fails to act.
Upon the declaration of an assessment and the recording of the
notice thereof, the Association may, at its option, declare the
entire balance of all sums then due or to become due from the Lot
Owner due and payable, which total sum may then be included in
any suit, action or proceeding brought to collect said sum,
including all costs, charges and attorneys' fees.
Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created
hereunder, whether judicially, by power of sale, or otherwise,
until the expiration of ten (10) days after a copy of said Notice
of Assessment Due, showing the date of recordation thereof has
been mailed to the Owner of the Lot which is described in such
Notice. Each Lot Owner does hereby waive, to the extent of any
liens created pursuant to the Declaration, whether such liens are
now in existence or are created at any time in the future, the
benefit of any homestead or exemption laws of the State of Idaho
now in effect, or in effect from time to time hereafter.
6.10 Power of Foreclosure and Bale. Each of the Lot Owners
does hereby grant and appoint the Association as trustee to
enforce any lien created pursuant to this Declaration and to
foreclose such lien by private power of sale as provided in
Idaho Code, § 45-1501 et sea., or by judicial foreclosure and
does further grant the Association, as such Trustee, the power
and authority to sell the Lot of any such defaulting Owner, or
any part thereof, to satisfy said lien, for lawful money of the
United States to the highest bidder. The lien provided for
herein shall be in favor of the Association and shall be for the
benefit of all Lot Owners and shall secure payment of all sums
set forth in the Notice of Assessment together with all sums
becoming due and payable in accordance with this Declaration
after the date of recordation of said Notice of Assessment. The
Association shall have the power to bid in at any foreclosure
sale and to purchase,,acquire, hold, lease, mortgage and convey
any Lot. In the event such foreclosure is by action in court,
reasonable attorneys' fees, court costs, title search fees,
interest and all other costs and expenses shall be allowed to the
extent permitted by law. Each Owner, by becoming an Owner of a
Lot, hereby expressly waives any objection to the enforcement and
foreclosure of the lien created in this Declaration in the manner
set forth herein and also hereby expressly waives the defense of
the Statute of Limitations applicable to the bringing of any suit
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 22
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Board fails or refused to act) has been delivered to the Owner of
the Lot subject to such assessment, and a copy of such notice
recorded in the Office of the Recorder of Ada County. Said
notice shall state the amount of the assessment together with the
interest, costs and reasonable attorneys' fees, a description of
the Lot against which the same has been assessed and the name or
names of the record Owner or Owners thereof. After the
expiration of thirty (30) days from the date such Notice of
Assessment Due has been recorded, an action may be commenced in
the name of the Association to foreclose the lien or such action
may be commenced by any Owner if the Association fails to act.
Upon the declaration of an assessment and the recording of the
notice thereof, the Association may, at its option, declare the
entire balance of all sums then due or to become due from the Lot
Owner due and payable, which total sum may then be included in
any suit, action or proceeding brought to collect said sum,
including all costs, charges and attorneys' fees.
Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created
hereunder, whether judicially, by power of sale, or otherwise,
until the expiration of ten (10) days after a copy of said Notice
of Assessment Due, showing the date of recordation thereof has
been mailed to the Owner of the Lot which is described in such
Notice. Each Lot Owner does hereby waive, to the extent of any
liens created pursuant to the Declaration, whether such liens are
now in existence or are created at any time in the future, the
benefit of any homestead or exemption laws of the State of Idaho
now in effect, or in effect from time to time hereafter.
6.10 Power of Foreclosure and Bale. Each of the Lot Owners
does hereby grant and appoint the Association as trustee to
enforce any lien created pursuant to this Declaration and to
foreclose such lien by private power of sale as provided in
Idaho Code, § 45-1501 et sea., or by judicial foreclosure and
does further grant the Association, as such Trustee, the power
and authority to sell the Lot of any such defaulting Owner, or
any part thereof, to satisfy said lien, for lawful money of the
United States to the highest bidder. The lien provided for
herein shall be in favor of the Association and shall be for the
benefit of all Lot Owners and shall secure payment of all sums
set forth in the Notice of Assessment together with all sums
becoming due and payable in accordance with this Declaration
after the date of recordation of said Notice of Assessment. The
Association shall have the power to bid in at any foreclosure
sale and to purchase,,acquire, hold, lease, mortgage and convey
any Lot. In the event such foreclosure is by action in court,
reasonable attorneys' fees, court costs, title search fees,
interest and all other costs and expenses shall be allowed to the
extent permitted by law. Each Owner, by becoming an Owner of a
Lot, hereby expressly waives any objection to the enforcement and
foreclosure of the lien created in this Declaration in the manner
set forth herein and also hereby expressly waives the defense of
the Statute of Limitations applicable to the bringing of any suit
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 22
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Board fails or refused to act) has been delivered to the Owner of
the Lot subject to such assessment, and a copy of such notice
recorded in the Office of the Recorder of Ada County. Said
notice shall state the amount of the assessment together with the
interest, costs and reasonable attorneys' fees, a description of
the Lot against which the same has been assessed and the name or
names of the record Owner or Owners thereof. After the
expiration of thirty (30) days from the date such Notice of
Assessment Due has been recorded, an action may be commenced in
the name of the Association to foreclose the lien or such action
may be commenced by any Owner if the Association fails to act.
Upon the declaration of an assessment and the recording of the
notice thereof, the Association may, at its option, declare the
entire balance of all sums then due or to become due from the Lot
Owner due and payable, which total sum may then be included in
any suit, action or proceeding brought to collect said sum,
including all costs, charges and attorneys' fees.
Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created
hereunder, whether judicially, by power of sale, or otherwise,
until the expiration of ten (10) days after a copy of said Notice
of Assessment Due, showing the date of recordation thereof has
been mailed to the Owner of the Lot which is described in such
Notice. Each Lot Owner does hereby waive, to the extent of any
liens created pursuant to the Declaration, whether such liens are
now in existence or are created at any time in the future, the
benefit of any homestead or exemption laws of the State of Idaho
now in effect, or in effect from time to time hereafter.
6.10 Power of Foreclosure and Bale. Each of the Lot Owners
does hereby grant and appoint the Association as trustee to
enforce any lien created pursuant to this Declaration and to
foreclose such lien by private power of sale as provided in
Idaho Code, § 45-1501 et sea., or by judicial foreclosure and
does further grant the Association, as such Trustee, the power
and authority to sell the Lot of any such defaulting Owner, or
any part thereof, to satisfy said lien, for lawful money of the
United States to the highest bidder. The lien provided for
herein shall be in favor of the Association and shall be for the
benefit of all Lot Owners and shall secure payment of all sums
set forth in the Notice of Assessment together with all sums
becoming due and payable in accordance with this Declaration
after the date of recordation of said Notice of Assessment. The
Association shall have the power to bid in at any foreclosure
sale and to purchase,,acquire, hold, lease, mortgage and convey
any Lot. In the event such foreclosure is by action in court,
reasonable attorneys' fees, court costs, title search fees,
interest and all other costs and expenses shall be allowed to the
extent permitted by law. Each Owner, by becoming an Owner of a
Lot, hereby expressly waives any objection to the enforcement and
foreclosure of the lien created in this Declaration in the manner
set forth herein and also hereby expressly waives the defense of
the Statute of Limitations applicable to the bringing of any suit
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 22
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aaction thereon.
6.11 Status of Assessment Lien. Upon request by any Lot
Owner, the Association will furnish, for the benefit of any
prospective purchaser or present or prospective encumbrancer of
such Lot, a statement showing all amounts then due which are
secured by such lien. A reasonable fee, not to exceed
Twenty -Five Dollars .($25.00), may be charged for the preparation
of such statement.
6.12 Certificate of Discharge of Lien. Upon payment of
the delinquent assessment or the satisfaction thereof, the
Association shall cause to be recorded, in the same manner as
the Notice of Assessment, a further certificate stating the
satisfaction and release of the lien thereof. A failure to
record said certificate of discharge without good cause within
thirty (30) days after written demand by the Owner of the
affected Lot shall entitle him to recover a penalty of One
Hundred Dollars ($100.00) from the Board plus his actual damages.
6.13 Subordination of Lien to Encumbrance. Notwithstanding
any provision to the contrary herein contained:
A. The lien for assessments created by this
Declaration shall be subject and subordinate to and shall not
affect the rights of the holder, insurer or guarantor of any
recorded first mortgage upon such Lot made in good faith and for
value. In the event any lien imposed under the provisions hereof
is destroyed by reason of the foreclosure of any mortgage on the
Lot subject to such lien, there shall be a lien on the interest
of the purchaser at such foreclosure sale to secure all
assessments, whether regular or special, charged to such Lot
after the date of such foreclosure sale, which lien shall have
the same effect and be enforced in the same manner as provided
herein. For purposes of this Paragraph, a mortgage or deed of
trust may be given in good faith or for value even though the
mortgagee has constructive or actual knowledge of the assessment
lien provisions of this Declaration.
B. No amendment of this Paragraph shall affect the
rights of the holder of any such mortgage or deed of trust
recorded prior to recordation of such amendment unless the
mortgagee or beneficiary thereof joins in the execution of such
amendment.
C. No holder, insurer, or guarantor of any recorded
mortgage or deed of trust on any Lot shall be required to collect
assessments.
6.14 Assignment of Lien by Association. The Association
acting through its Board of Directors, shall have the right to
assign its claim and,lien rights for the recovery of any unpaid
assessments to the Declarant, or to any Lot Owner or group of Lot
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 23
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aaction thereon.
6.11 Status of Assessment Lien. Upon request by any Lot
Owner, the Association will furnish, for the benefit of any
prospective purchaser or present or prospective encumbrancer of
such Lot, a statement showing all amounts then due which are
secured by such lien. A reasonable fee, not to exceed
Twenty -Five Dollars .($25.00), may be charged for the preparation
of such statement.
6.12 Certificate of Discharge of Lien. Upon payment of
the delinquent assessment or the satisfaction thereof, the
Association shall cause to be recorded, in the same manner as
the Notice of Assessment, a further certificate stating the
satisfaction and release of the lien thereof. A failure to
record said certificate of discharge without good cause within
thirty (30) days after written demand by the Owner of the
affected Lot shall entitle him to recover a penalty of One
Hundred Dollars ($100.00) from the Board plus his actual damages.
6.13 Subordination of Lien to Encumbrance. Notwithstanding
any provision to the contrary herein contained:
A. The lien for assessments created by this
Declaration shall be subject and subordinate to and shall not
affect the rights of the holder, insurer or guarantor of any
recorded first mortgage upon such Lot made in good faith and for
value. In the event any lien imposed under the provisions hereof
is destroyed by reason of the foreclosure of any mortgage on the
Lot subject to such lien, there shall be a lien on the interest
of the purchaser at such foreclosure sale to secure all
assessments, whether regular or special, charged to such Lot
after the date of such foreclosure sale, which lien shall have
the same effect and be enforced in the same manner as provided
herein. For purposes of this Paragraph, a mortgage or deed of
trust may be given in good faith or for value even though the
mortgagee has constructive or actual knowledge of the assessment
lien provisions of this Declaration.
B. No amendment of this Paragraph shall affect the
rights of the holder of any such mortgage or deed of trust
recorded prior to recordation of such amendment unless the
mortgagee or beneficiary thereof joins in the execution of such
amendment.
C. No holder, insurer, or guarantor of any recorded
mortgage or deed of trust on any Lot shall be required to collect
assessments.
6.14 Assignment of Lien by Association. The Association
acting through its Board of Directors, shall have the right to
assign its claim and,lien rights for the recovery of any unpaid
assessments to the Declarant, or to any Lot Owner or group of Lot
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 23
Owners, or to any third party.
6.15 ,Association Funds. The assessments collected by the
Association shall be held in trust by the Association for and on
behalf of each Lot Owner and shall be used solely for the
operation, care and maintenance of the Common Area as provided in
this Declaration. The Board shall allocate a portion of said
funds as collected for the annual maintenance and operation of
the Common Area as specified in the annual budget and the Board
shall allocate a portion of said funds as collected as reserves
for contingencies, replacement and deferred maintenance of the
capital improvements of the Common Area, as specified in the
annual budget. Said funds shall be deposited, as allocated, into
appropriate bank accounts, and said accounts shall be separately
maintained by the Association. Upon sale or transfer of any Lot
by any Owner, the Owner's interest in the trust funds shall be
deemed automatically transferred to the successor or transferee
of such Owner. In the event that the Board retains a
professional management service, the Board may delegate the
authority to deposit or withdraw funds to responsible
representatives of the professional management agent so retained.
Said professional management agent may additionally be authorized
to establish a common trustee account for deposit of assessments
as collected. Any funds deposited in such a common trustee
account shall be allocated as previously specified herein.
6.16 Books of Account. The Board shall maintain full,
complete and correct books of account of the operation of the
Common Area and vouchers supporting expenditures and the same
shall be open during all reasonable hours for inspection by any
Lot Owner. Any Lot Owner may at any time and at his own expense
cause an audit or inspection to be made of the books and records
of the Association. Said books and records shall accurately
detail in chronological order the receipts and expenditures
affecting the Common Area, specifying and itemizing the
maintenance and repair expenses of the Common Area and any other
Common Expenses incurred.
ARTICLE VII
MAINTENANCE, ALTERATIONS AND IMPROVEMENTS
7.1 Maintenance and Repair. Responsibility for the
maintenance or repair of the Property shall be as follows:
A. Lots. 'The Owner of each Lot, at his own expense,
shall keep his Lot, including all buildings, fences, walls,
structures, and other improvements located thereon, in good
condition and repair and shall promptly correct any condition
which would, if left uncorrected, cause any damage to another Lot
or the Common Area, and the Lot Owner shall be responsible for
any damage caused by his willful, careless or negligent failure
to act. Further, the Owner of each Lot shall, at his own
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 24
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Owners, or to any third party.
6.15 ,Association Funds. The assessments collected by the
Association shall be held in trust by the Association for and on
behalf of each Lot Owner and shall be used solely for the
operation, care and maintenance of the Common Area as provided in
this Declaration. The Board shall allocate a portion of said
funds as collected for the annual maintenance and operation of
the Common Area as specified in the annual budget and the Board
shall allocate a portion of said funds as collected as reserves
for contingencies, replacement and deferred maintenance of the
capital improvements of the Common Area, as specified in the
annual budget. Said funds shall be deposited, as allocated, into
appropriate bank accounts, and said accounts shall be separately
maintained by the Association. Upon sale or transfer of any Lot
by any Owner, the Owner's interest in the trust funds shall be
deemed automatically transferred to the successor or transferee
of such Owner. In the event that the Board retains a
professional management service, the Board may delegate the
authority to deposit or withdraw funds to responsible
representatives of the professional management agent so retained.
Said professional management agent may additionally be authorized
to establish a common trustee account for deposit of assessments
as collected. Any funds deposited in such a common trustee
account shall be allocated as previously specified herein.
6.16 Books of Account. The Board shall maintain full,
complete and correct books of account of the operation of the
Common Area and vouchers supporting expenditures and the same
shall be open during all reasonable hours for inspection by any
Lot Owner. Any Lot Owner may at any time and at his own expense
cause an audit or inspection to be made of the books and records
of the Association. Said books and records shall accurately
detail in chronological order the receipts and expenditures
affecting the Common Area, specifying and itemizing the
maintenance and repair expenses of the Common Area and any other
Common Expenses incurred.
ARTICLE VII
MAINTENANCE, ALTERATIONS AND IMPROVEMENTS
7.1 Maintenance and Repair. Responsibility for the
maintenance or repair of the Property shall be as follows:
A. Lots. 'The Owner of each Lot, at his own expense,
shall keep his Lot, including all buildings, fences, walls,
structures, and other improvements located thereon, in good
condition and repair and shall promptly correct any condition
which would, if left uncorrected, cause any damage to another Lot
or the Common Area, and the Lot Owner shall be responsible for
any damage caused by his willful, careless or negligent failure
to act. Further, the Owner of each Lot shall, at his own
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 24
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Owners, or to any third party.
6.15 ,Association Funds. The assessments collected by the
Association shall be held in trust by the Association for and on
behalf of each Lot Owner and shall be used solely for the
operation, care and maintenance of the Common Area as provided in
this Declaration. The Board shall allocate a portion of said
funds as collected for the annual maintenance and operation of
the Common Area as specified in the annual budget and the Board
shall allocate a portion of said funds as collected as reserves
for contingencies, replacement and deferred maintenance of the
capital improvements of the Common Area, as specified in the
annual budget. Said funds shall be deposited, as allocated, into
appropriate bank accounts, and said accounts shall be separately
maintained by the Association. Upon sale or transfer of any Lot
by any Owner, the Owner's interest in the trust funds shall be
deemed automatically transferred to the successor or transferee
of such Owner. In the event that the Board retains a
professional management service, the Board may delegate the
authority to deposit or withdraw funds to responsible
representatives of the professional management agent so retained.
Said professional management agent may additionally be authorized
to establish a common trustee account for deposit of assessments
as collected. Any funds deposited in such a common trustee
account shall be allocated as previously specified herein.
6.16 Books of Account. The Board shall maintain full,
complete and correct books of account of the operation of the
Common Area and vouchers supporting expenditures and the same
shall be open during all reasonable hours for inspection by any
Lot Owner. Any Lot Owner may at any time and at his own expense
cause an audit or inspection to be made of the books and records
of the Association. Said books and records shall accurately
detail in chronological order the receipts and expenditures
affecting the Common Area, specifying and itemizing the
maintenance and repair expenses of the Common Area and any other
Common Expenses incurred.
ARTICLE VII
MAINTENANCE, ALTERATIONS AND IMPROVEMENTS
7.1 Maintenance and Repair. Responsibility for the
maintenance or repair of the Property shall be as follows:
A. Lots. 'The Owner of each Lot, at his own expense,
shall keep his Lot, including all buildings, fences, walls,
structures, and other improvements located thereon, in good
condition and repair and shall promptly correct any condition
which would, if left uncorrected, cause any damage to another Lot
or the Common Area, and the Lot Owner shall be responsible for
any damage caused by his willful, careless or negligent failure
to act. Further, the Owner of each Lot shall, at his own
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 24
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expense, be responsible for the exterior maintenance and upkeep
of all improvements located thereon. Such exterior maintenance
shall be performed in accordance with standards adopted by the
Architectural Committee and shall include, but not be limited to,
the painting, repairing, replacing and caring for roofs, fences,
exterior building surfaces, trees, shrubs, grass, patios, drives
and other exterior improvements. In the event an Owner of any
Lot shall fail to maintain the premises and improvements located
thereon in a manner satisfactory to the Architectural Committee,
the Association, after approval by a majority of the Board of
Directors, shall have the right, through its agents and
employees, to enter upon said Lot and to repair, maintain, and
restore the Lot and the exterior of any improvements located
thereon. A reimbursement assessment, as provided in paragraph
6.7 of Article VI, entitled "Maintenance Assessments and
Association Funds," shall be levied against the Lot for the cost
of such exterior maiptenance.
B. Common Area. The Association shall keep and
maintain the Common Area in good condition and repair, shall
provide for landscaping and gardening services, as needed, and
shall cause any and all other acts to be done which may be
necessary to assure the maintenance of the Common Area in first
class condition and repair. The Association shall have all the
powers necessary to discharge this responsibility and may
exercise these powers exclusively, if it so desires, and may
delegate them as elsewhere provided herein. The cost of the
maintenance and operation of the Common Area by the Association
shall be a Common Expense.
7.2 Alterations. Additions and Improvement to Common Area.
The Association shall have the right to make or cause to be made
substantial and material alterations, improvements, and additions
to the Common Area provided the Association meets the following
provisions: There shall be no alterations, improvements, or
additions to the Common Area where the cost thereof is in excess
of five percent (5%) of the annual budget of Common Expenses,
except when approved by two-thirds (2/3) of the Voting Owners;
provided the aforesaid alterations and additions do not prejudice
the right of any Lot Owner unless his consent has been obtained.
To defray the cost of the foregoing, the Board shall levy a
special assessment against each Lot Owner as provided in
paragraph 6.6 of Article VI, entitled "Maintenance Assessments
and Association Funds."
7.3 Professional. Management. The Board may employ a
manager or professional management company and delegate the daily
management duties to said manager or company who shall be subject
to the direction and control of the Board, provided that any
contract with such manager or professional management company, or
any other contract providing for services of Declarant and the
compensation to be paid, for a term in excess of one year must be
approved by at least fifty-one percent (51%) of the voting power
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 25
11A
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LJ
of the Association, excluding Declarant. Further, any such
agreements may not exceed three (3) years and must be terminable
by either party for cause upon thirty (30) days written notice,
and without cause and without payment of a termination fee, upon
ninety (90) days written notice. Any renewal of such agreements
must be approved by at least fifty-one percent (51%) of the
voting power of the Association, excluding Declarant.
7.4 Miscellaneous.
A. The Board of Directors may join with other
home -owners associations and entities in contracting for the
maintenance, repair and management of the Common Area and similar
type properties.
B. In the event the Owner of a Lot fails to maintain
said Lot as required herein or makes an alteration without the
required consent or otherwise violates or threatens to violate
the provisions hereof, the Association shall have the right to
proceed in a court of equity for an injunction to seek compliance
with the provisions hereof. The Association shall be entitled to
retain the services of an attorney to enforce compliance with
this Article of the Declaration, and shall be entitled to all
reasonable attorney's fees incurred, including appellate
attorney's fees and suit costs, from the non-compliant Lot Owner.
In lieu thereof and in addition thereto, the Association shall
have the right to levy a reimbursement assessment against the Lot
Owner and his/her Lot for such necessary sums to remove any
unauthorized addition or alteration and to restore the Lot to
good condition and repair.
ARTICLE VIII
INSURANCE
The insurance, other than title insurance, that shall be
carried upon the Common Area and other property (both real and
personal) of the Association shall be governed by the following
provisions:
8.1 Coverage.
A. Liability. The Association shall obtain and
maintain, to the extent reasonably available, comprehensive
general liability insurance, including medical payments
insurance, in an amount determined by the Board of Directors of
the Association, insuring the Association, Declarant, the Board
and the Lot Owners against liability for death, bodily injury,
and property damage arising out of or in connection with the use,
ownership, or maintenance of the Common Area and the property of
the Association. Said policy or policies shall provide
cross -liability endorsements where the rights of named insureds
thereunder shall not be prejudiced as respects any action by one
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 26
t.-
Y
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of the Association, excluding Declarant. Further, any such
agreements may not exceed three (3) years and must be terminable
by either party for cause upon thirty (30) days written notice,
and without cause and without payment of a termination fee, upon
ninety (90) days written notice. Any renewal of such agreements
must be approved by at least fifty-one percent (51%) of the
voting power of the Association, excluding Declarant.
7.4 Miscellaneous.
A. The Board of Directors may join with other
home -owners associations and entities in contracting for the
maintenance, repair and management of the Common Area and similar
type properties.
B. In the event the Owner of a Lot fails to maintain
said Lot as required herein or makes an alteration without the
required consent or otherwise violates or threatens to violate
the provisions hereof, the Association shall have the right to
proceed in a court of equity for an injunction to seek compliance
with the provisions hereof. The Association shall be entitled to
retain the services of an attorney to enforce compliance with
this Article of the Declaration, and shall be entitled to all
reasonable attorney's fees incurred, including appellate
attorney's fees and suit costs, from the non-compliant Lot Owner.
In lieu thereof and in addition thereto, the Association shall
have the right to levy a reimbursement assessment against the Lot
Owner and his/her Lot for such necessary sums to remove any
unauthorized addition or alteration and to restore the Lot to
good condition and repair.
ARTICLE VIII
INSURANCE
The insurance, other than title insurance, that shall be
carried upon the Common Area and other property (both real and
personal) of the Association shall be governed by the following
provisions:
8.1 Coverage.
A. Liability. The Association shall obtain and
maintain, to the extent reasonably available, comprehensive
general liability insurance, including medical payments
insurance, in an amount determined by the Board of Directors of
the Association, insuring the Association, Declarant, the Board
and the Lot Owners against liability for death, bodily injury,
and property damage arising out of or in connection with the use,
ownership, or maintenance of the Common Area and the property of
the Association. Said policy or policies shall provide
cross -liability endorsements where the rights of named insureds
thereunder shall not be prejudiced as respects any action by one
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 26
t.-
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3,
n
LJ
of the Association, excluding Declarant. Further, any such
agreements may not exceed three (3) years and must be terminable
by either party for cause upon thirty (30) days written notice,
and without cause and without payment of a termination fee, upon
ninety (90) days written notice. Any renewal of such agreements
must be approved by at least fifty-one percent (51%) of the
voting power of the Association, excluding Declarant.
7.4 Miscellaneous.
A. The Board of Directors may join with other
home -owners associations and entities in contracting for the
maintenance, repair and management of the Common Area and similar
type properties.
B. In the event the Owner of a Lot fails to maintain
said Lot as required herein or makes an alteration without the
required consent or otherwise violates or threatens to violate
the provisions hereof, the Association shall have the right to
proceed in a court of equity for an injunction to seek compliance
with the provisions hereof. The Association shall be entitled to
retain the services of an attorney to enforce compliance with
this Article of the Declaration, and shall be entitled to all
reasonable attorney's fees incurred, including appellate
attorney's fees and suit costs, from the non-compliant Lot Owner.
In lieu thereof and in addition thereto, the Association shall
have the right to levy a reimbursement assessment against the Lot
Owner and his/her Lot for such necessary sums to remove any
unauthorized addition or alteration and to restore the Lot to
good condition and repair.
ARTICLE VIII
INSURANCE
The insurance, other than title insurance, that shall be
carried upon the Common Area and other property (both real and
personal) of the Association shall be governed by the following
provisions:
8.1 Coverage.
A. Liability. The Association shall obtain and
maintain, to the extent reasonably available, comprehensive
general liability insurance, including medical payments
insurance, in an amount determined by the Board of Directors of
the Association, insuring the Association, Declarant, the Board
and the Lot Owners against liability for death, bodily injury,
and property damage arising out of or in connection with the use,
ownership, or maintenance of the Common Area and the property of
the Association. Said policy or policies shall provide
cross -liability endorsements where the rights of named insureds
thereunder shall not be prejudiced as respects any action by one
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 26
tured thereunder against another named insured.
B. Property Insurance. The Association shall obtain
and maintain fire and casualty insurance, with "extended
coverage" and "all risk" endorsements, insuring the Common Area
and all other property (real and personal) owned by the
Association in a company acceptable to the Board in an amount
equal to the maximum insurance replacement value of said
property, as determined annually by the board of Directors. Such
coverage does not need to include land, foundations, excavations
or other items that are usually excluded from such insurance
coverage.
C. Fidelity -Bonds. The Association shall obtain and
maintain blanket fidelity bonds covering any person or entity who
either handles or is responsible for funds held or administered
by the Association, whether or not they receive any compensation
for their services, including, but not limited to, any manager or
employee of any professional management company that handles such
funds. The fidelity bond coverage must at least equal the sum of
three (3) months assessments on all Lots in the Property, plus
the Association's reserve funds.
D. Workmen's Compensation. The Association shall
obtain Workmen's Compensation Insurance in order to meet the
requirements of law.,
E. Other Insurance. The Association shall obtain such
other insurance as the Board of Directors of the Association
shall determine from time to time to be desirable.
8.2 Purchase of Policies. Such insurance policies shall be
purchased by the Board of Directors of the Association, and all
policies and their endorsements shall be deposited with the Board
of Directors of the Association.
8.3 Form. All casualty and liability insurance policies
carried pursuant to this Article must provide that:
A. Unless acting within the scope of his authority on
behalf of the Association, no act or omission by any Lot Owner
will void the policy or be a condition to recovery under the
policy.
B. Each Lot Owner is an insured person under the
policy with respect to'liability arising out of Membership in the
Association.
8.4 Cancellation. All insurance obtained pursuant to this
Article shall provide that it may not be cancelled until thirty
(30) days after notice of the proposed cancellation has been
mailed to the Association.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 27
9-
1
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c
tured thereunder against another named insured.
B. Property Insurance. The Association shall obtain
and maintain fire and casualty insurance, with "extended
coverage" and "all risk" endorsements, insuring the Common Area
and all other property (real and personal) owned by the
Association in a company acceptable to the Board in an amount
equal to the maximum insurance replacement value of said
property, as determined annually by the board of Directors. Such
coverage does not need to include land, foundations, excavations
or other items that are usually excluded from such insurance
coverage.
C. Fidelity -Bonds. The Association shall obtain and
maintain blanket fidelity bonds covering any person or entity who
either handles or is responsible for funds held or administered
by the Association, whether or not they receive any compensation
for their services, including, but not limited to, any manager or
employee of any professional management company that handles such
funds. The fidelity bond coverage must at least equal the sum of
three (3) months assessments on all Lots in the Property, plus
the Association's reserve funds.
D. Workmen's Compensation. The Association shall
obtain Workmen's Compensation Insurance in order to meet the
requirements of law.,
E. Other Insurance. The Association shall obtain such
other insurance as the Board of Directors of the Association
shall determine from time to time to be desirable.
8.2 Purchase of Policies. Such insurance policies shall be
purchased by the Board of Directors of the Association, and all
policies and their endorsements shall be deposited with the Board
of Directors of the Association.
8.3 Form. All casualty and liability insurance policies
carried pursuant to this Article must provide that:
A. Unless acting within the scope of his authority on
behalf of the Association, no act or omission by any Lot Owner
will void the policy or be a condition to recovery under the
policy.
B. Each Lot Owner is an insured person under the
policy with respect to'liability arising out of Membership in the
Association.
8.4 Cancellation. All insurance obtained pursuant to this
Article shall provide that it may not be cancelled until thirty
(30) days after notice of the proposed cancellation has been
mailed to the Association.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 27
0
ARTICLE IS
EASEMENTS
9.1 Drainage: Utility and Irrigation Easements. Easements
for installation and maintenance of utilities, drainage and
irrigation facilities are reserved as shown on the recorded
Plat(s). 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 water through
drainage channels in the easements. The easement areas shown on
the Plat(s) and all improvements in it shall be maintained
continuously by the Association, except for those improvements
for which a public authority or utility company is responsible.
There is hereby reserved for the benefit of each Lot, as
dominant tenement, an easement for utility service and drainage
through the Common Area as the servient tenement. Notwithstanding
anything expressly or impliedly contained herein to the contrary,
this Declaration shall be subject to all easements hereto before
or hereafter granted by Declarant for the installation and
maintenance of utilities and drainage facilities that are
required for the development of the Property. In addition,
Declarant hereby reserves for the benefit of the Association, the
right to grant additional easements and rights-of-way over the
Property to utility companies and public agencies, as may be
necessary for the proper development of the Property until the
close of escrow for the sale of the last Lot in the Property to a
purchaser.
9.2 Power Easement. An easement is hereby granted to Idaho
Power Company, a corporation, its licensees, successors and
assigns, a permanent and perpetual easement and right-of-way,
sufficient in width to install and maintain an underground
electric power line, including the perpetual right to enter upon
the Property herein described, at all reasonable times, to
construct, maintain and repair underground power lines, through,
under and across said lands, together with the right, at its sole
expense, to excavate and refill ditches and trenches for the
location of said power lines, and the further right to remove
trees, bushes, sod, flowers, shrubbery and other obstructions and
improvements, interfering with the location, construction and
maintenance of said power lines on and across the Property in the
locations shown on the Plat.
9.3 Landscape Easement. An easement is hereby reserved to
the Association, its contractors and agents, to enter those
portions of Lots contiguous to the Common Area owned or managed
by the Association and not enclosed by fences for the purpose of
maintaining, replacing and restoring exterior landscaping located
within the Common Area. Such landscaping activity shall include
by way of illustration and not of limitation, the mowing of
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 28
B. No Amendment shall change a Lot Owner's share of
the Common Expenses, unless the record title holders of the Lots
so burdened shall join in the execution of the Amendment.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 30
1`11,11A
W, 4Y 1
*either the Lot Owners nor the Association, nor the use of the
Lots or the Common Area by the aforesaid parties, their agents,
guests, licensees, or invitees shall interfere with the
h:
completion of the contemplated improvements and the sale of the
m
Lots. So long as Declarant shall own any Lots, Declarant shall
have the absolute right to lease such Lots for such term or terms
as Declarant shall determine in its sole discretion or to sell
r:
such Lots to an person, firm corporation, Y P rp , partnership, or other
entity, upon such terms and conditions as it shall deem to be in
its best interest.
10.2 Annexation of Additional Properties. Declarant shall
'
have the right, without the consent of Members of the
Association, to annex additional land within the real property
described in those certain Warranty Deeds recorded September 18,
1989, as Instrument No.'s 8945177 and 8945084, official records
of Ada County, Idaho, PROVIDED, HOWEVER, FHA and VA shall
determine that the annexation is in accord with a general plan of
-{y
development approved by them. Said annexation shall be
effectuated by Declarant filing a Supplemental Declaration,
approved by FHA and VA, specifically indicating the portion or
portions of said real property that is to be added to the
Property covered by this Declaration and the Association. Until
the filing of such Supplemental Declaration, nothing herein
contained shall be construed as binding or requiring Declarant to
make any additions or annexations hereto of such land(s), nor
shall any of such land(s) be considered, construed, or
interpreted as bound by this Declaration or controlled by the
Association.
ARTICLE BI
AMENDMENT OF DECLARATION
Except as otherwise provided, this Declaration may be
amended in the following manner:
..
11.1 Resolution. A resolution for the adoption of a
k
proposed Amendment may be proposed by either the Board of
Directors of the Association or by not less than twenty-five
percent (25%) of the Voting Owners. Approval of the Amendment
must be by not less than seventy-five percent (75%) of the total
voting power of the Association.
t11.2
Proviso. Except as provided in this Declaration:
A. No amendment shall make any changes in Article X
Y
��
entitled Reserved Rights of Declarant" or in any article which
°�-
affects the rights of the Declarant.
B. No Amendment shall change a Lot Owner's share of
the Common Expenses, unless the record title holders of the Lots
so burdened shall join in the execution of the Amendment.
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 30
1`11,11A
W, 4Y 1
0-0
0
11.3 Execution and Recording. A copy of each Amendment
shall be attached to a certificate certifying that the Amendment
was duly adopted, which certificate shall be executed by the
officers of the Association with the formalities of a deed. The
Amendment shall be effective when such certificate and copy of
the Amendment are recorded in the public records of Ada County,
Idaho.
ARTICLE %II
MISCELLANEOUS PROVISIONS
12.1 Term. The covenants, conditions, and restrictions of
this Declaration shall run with and bind the Property for a
period of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended
for successive periods of ten (10) years unless at least seventy-
five percent (75%) of the Lots Owners, by an instrument or
instruments duly signed and acknowledged by them, shall terminate
this Declaration by filing such instrument or instruments for
record in the Office of the Recorder of Ada County, Idaho.
Nothing herein contained shall be construed to prevent the
amendment of this Declaration in the manner provided above.
12.2 Construction of Provisions. The provisions of this
Declaration shall be liberally construed to effect its purposes
of creating a uniform plan for the development and operation of
the Property. Failure to enforce any provision hereof shall not
constitute a waiver of the right to enforce said provision or any
other provision hereof.
12.3 Notices. Whenever notices are required to be sent
hereunder, the same may be delivered to Lot Owners, either
personally or by mail, addressed to such Lot Owners at their
place of residence, unless the Lot Owners have, by written notice
duly receipted for, specified a different address. Proof of such
mailing or personal delivery by the Association shall be given by
the affidavit of the person mailing or personally delivering said
notices. Notices to the Association shall be delivered by mail
to the Secretary of the Association or in case o£ the Secretary's
absence, then the President of the Association, and in his
absence, any Member of the Board of Directors of the Association.
12.4 Captions. The captions used in this Declaration and
Exhibits annexed hereto, are inserted solely as a matter of
convenience and shall not be relied upon and/or used in
construing the effect or meaning of any of the text of this
Declaration.
12.5 Binding. This Declaration shall be for the benefit of
and be binding upon all Lot Owners, their respective heirs,
legatees, devises, executors, administrators, guardians,
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 31
. .
M
0
11.3 Execution and Recording. A copy of each Amendment
shall be attached to a certificate certifying that the Amendment
was duly adopted, which certificate shall be executed by the
officers of the Association with the formalities of a deed. The
Amendment shall be effective when such certificate and copy of
the Amendment are recorded in the public records of Ada County,
Idaho.
ARTICLE %II
MISCELLANEOUS PROVISIONS
12.1 Term. The covenants, conditions, and restrictions of
this Declaration shall run with and bind the Property for a
period of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended
for successive periods of ten (10) years unless at least seventy-
five percent (75%) of the Lots Owners, by an instrument or
instruments duly signed and acknowledged by them, shall terminate
this Declaration by filing such instrument or instruments for
record in the Office of the Recorder of Ada County, Idaho.
Nothing herein contained shall be construed to prevent the
amendment of this Declaration in the manner provided above.
12.2 Construction of Provisions. The provisions of this
Declaration shall be liberally construed to effect its purposes
of creating a uniform plan for the development and operation of
the Property. Failure to enforce any provision hereof shall not
constitute a waiver of the right to enforce said provision or any
other provision hereof.
12.3 Notices. Whenever notices are required to be sent
hereunder, the same may be delivered to Lot Owners, either
personally or by mail, addressed to such Lot Owners at their
place of residence, unless the Lot Owners have, by written notice
duly receipted for, specified a different address. Proof of such
mailing or personal delivery by the Association shall be given by
the affidavit of the person mailing or personally delivering said
notices. Notices to the Association shall be delivered by mail
to the Secretary of the Association or in case o£ the Secretary's
absence, then the President of the Association, and in his
absence, any Member of the Board of Directors of the Association.
12.4 Captions. The captions used in this Declaration and
Exhibits annexed hereto, are inserted solely as a matter of
convenience and shall not be relied upon and/or used in
construing the effect or meaning of any of the text of this
Declaration.
12.5 Binding. This Declaration shall be for the benefit of
and be binding upon all Lot Owners, their respective heirs,
legatees, devises, executors, administrators, guardians,
SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 31
10
conservators, successors, purchasers, lessees, encumbrances
donees, grantees, mortgagees, lienors and assigns.
12.6 severability of Provisions. The provisions hereof
shall be deemed independent and severable, and the invalidity or
unenforceability of any one provision shall not affect the
validity or enforceability of any other provision hereof.
12.7 Gender and Number. As used herein, the singular shall
include the plural and the masculine shall include the feminine.
IN WITNESS WHEREOF, the undersigned Declarant has executed
the within Declaration the day and year first above written.
DECLARANT: NEW CONCEPT DEVELOPERS, INC.
an Idaho Corporation
bY Yf%jj1A,
Dennis Marshall, Pre idont
ATTEST:
0-
e6biri-t—Bo'd1ne, Sea ary
ACKNOWLEDGMENT
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this --�i .4 day of 4, 1990, before me a
Notary Public in and for the State of I ho, personally appeared
DENNIS MARSHALL and ROBERT BODINE, know to me to be the
PresidentId ,•tary of the corporation that exe uted the
with o�` e g g instrument or the person who ecuted the
in �t-um f of said corporation, and a owls god to me
tlt rich cot on executed the same. ,r
c-; EEO =
:► �" U b� ;.; f p Not
OF
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SECOND AMENDED AND RESTATED DECLARATION
GOLF VIEW ESTATES SUBDIVISION - 32
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NEW CONCEPTS DEVELOPERS, INC.
1526 E. FIRST ST.
MERIDIAN, ID 83642
(208)888-6978
To: Meridian, City of
Re: GOLF VIEW ESTATES SUBDIVISION
I, the undersigned, in order to obtain building permits prior to completion
and acceptance of off-site improvements agree to the following conditions:
1. All sewer and water appurtenances; such as, manholes, water risers, water
meter tiles, sewer stub service lines, fire hydrants, water line blow -offs, etc.
shall be protected by anchored barricades (barrels) from traffic, and
2. No water meter or occupancy permit shall be issued until all sewer, water,
curb, gutter, sidewalks, and street paving are completed and accepted, and
3. Construction vehicle access roads across back lots of the subdivision to
house sites under construction must be kept watered to prevent dust problems to the
adjacent occupied homes, and
4. If these conditions are not complied with in all respects a stop work
order will be issued by the city for the house construction, and
5. Note #2 shall be a part of each building permit application and water assess-
ment application.
Notary Statement
see attached
X`,
Dennis Marshall
j
NEW CONCEPTS DEVELOPERS, INC.
1526 E. FIRST ST.
MERIDIAN, ID 83642
(208)888-6978
To: Meridian, City of
Re: GOLF VIEW ESTATES SUBDIVISION
I, the undersigned, in order to obtain building permits prior to completion
and acceptance of off-site improvements agree to the following conditions:
1. All sewer and water appurtenances; such as, manholes, water risers, water
meter tiles, sewer stub service lines, fire hydrants, water line blow -offs, etc.
shall be protected by anchored barricades (barrels) from traffic, and
2. No water meter or occupancy permit shall be issued until all sewer, water,
curb, gutter, sidewalks, and street paving are completed and accepted, and
3. Construction vehicle access roads across back lots of the subdivision to
house sites under construction must be kept watered to prevent dust problems to the
adjacent occupied homes, and
4. If these conditions are not complied with in all respects a stop work
order will be issued by the city for the house construction, and
5. Note #2 shall be a part of each building permit application and water assess-
ment application.
Notary Statement
see attached
X`,
Dennis Marshall
t
fi
STATE OF IDAHO)
A
)ss
COUNTY OF ADA
On this -4&�day of %Mft1990
before me, the undersigned, a notary
public in and for said State, personally appeared
Dennis Marshall known tcyjome� to
be the person whose name is subscribed to
the within instrument and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have set my hand
and seal the day and year in this
certificate first above written.
ff
PAHO
NOTARY PUBLIC F
RESIDING AT
My commission expire s on /Z7 7- -&-
t
0
MERIDIAN CITY COUNCIL
JANUARY 16, 1990
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bob Giesler, Max Yerrington:
Members Absent: Bert Myers:
Others Present: Glenn Rhodes, Dennis Marshall, Jerry Nyman, K. Beumeler, Colleen LeMay,
Jim Johnson, Moe Alidjani, Jack Riddlemoser, Wayne Crookston, Bill Gordon:
The Motion was made by Tolsma and seconded by Yerrington to approve the Minutes of the
previous meeting held January 2, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: PRELIMINARY & FINAL PLAT ON GOLF VIEW ESTATES:
Kingsford: For the record, because of a conflict of interest, our attorney will step
down and Mr. Jack Riddlemoser will be our counsel on this issue. At this time I will
open the Public Hearing, if there is anyone present who wishes to testify please come
forward state your name and be sworn.
Dennis Marshall, 1921 Incline Way, was sworn by the Attorney.
Marshall: I represent Golf View Estates, our goal is to provide Meridian with -a first
class subdivision. There will be lots that run 22 lots per acre, with a beautifully
landscaped burm along Cherry Lane, the minimum square footage is 1700 sq. ft., the homes
will start in price from $100,000. up to about $165,000.
Kingsford: This is the second time we've heard this, the first time there was an error
on behalf of the applicant, the members across Cherry Lane were not notified, so under
the law we are having a second hearing.
Tolsma: You don't have any problem with any of the comments made.
Marshall: No.
Kingsford: Being no further testimony to be given from the public the Public Hearing
was closed.
The -Motion was made by Tolsma and seconded by Giesler to approve the Preliminary and
Final Plat on Golf View Estates:
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING: PRELIMINARY PLAT ON MERIDIAN MANOR 6 & 7:
Kingsford: At this time I will open the Public Hearing is there anyone present who
wishes to testify, please come forward and be sworn. No response, the Public Hearing
is now closed.
Tolsma: Does the City Engineer have any comments on this.
Engineer Smith: A lift station will need to be installed at the west end of the No -7
subdivision in order to get the sewage to our interceptor, it will have to pumped under
MERIDIAN P & Z
DECEMBER 12, 1989
PAGE $3
they recommend to ACHD to put a potential project on Meridian Rd. in their budgetary
process.
Motion Carried: All Yea:
Shearer: The reason Cherry Lane got done is because of all the subdivisions on that
road.
ITEM $2: PUBLIC HEARING: PRELIMINARY & FINAL PLAT ON GOLF VIEW ESTATES:
Johnson: If there is a representative from this request please come forward and
be sworn by the attorney. Mr. Crookston will be stepping down on this issue. Jack
Riddlemoser is our Counsel.
Dennis Marshall, was sworn by the attorney.
Marshall: The idea with Golf View Estates is to provide Meridian with a very first
class subdivison, with lots 22 lots to the acre, around 10,000 sq. ft. and up in most
cases. We have aburm designed in the front that will have trees and shrubs out in
front. Our minimum would be 1700 sq. ft. and hopefully around $95 to 100,000 for a
minimum home to go up.
Alidjani: Have you seen all the recommendations from all the other agencies.
Marshall: Yes, we have no problems.
Rountree: Have you settled your disagreement with Settlers Canal.
Marshall: Yes sir, everything is handled.
Rountree: Does that include covering the ditch that runs between your subdivision and
Cherry Lane.
Marshall: We are not covering that ditch, just the front section.
Johnson: I will open the Public Hearing, if there is someone from the public who
would like to address this issue, please come forward and be sworn.
George Davis, was sworn by the attorney.
Davis: I want to congratulate Mr. Larkin for voiceing his opinion, and I would agree
100%. I have a problem with that burm, I think it is the most dangerous type of thing
that could be built along the road. We live accross the street from it. We also get
water out of Settler's Irrigation ditch and I.don't have any faith in this pipe they
are putting in. They were unwilling to agree to any liquidated damages for time that
water has to be out of the ditch to be repaired.
Johnson: Who did you talk to on that?
Davis: The developers. Then they have an access road directly in front of our house,
the lights come directly into our bedroon window. I am here to basically beg you
people not to allow this to happen.
Alidjani: Can you show me where on the map that the exist comes and they can see through
your window.
3,
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MERIDIAN P & Z
DECEMBER 131 1989
Page #4
CI
The P & Z Members took a look at the map.
•
Johnson: It appears that the road is slightly east of your home.
Davis: Directly head on with the headlights.
Shearer: Your driveway is a circle driveway, right. It doesn't look like it lines
up exactly. Turning to the west towards town you might get a flash of light.
Davis: Most of the traffic going east. Equal amount of traffic going both ways.
It's this all night long stuff. What has been done to alleviate this stuff like
we've encountered here by not being notified until the trees are removed and the
road is being bedded.
Johnson: That was a simple error. The burden of notifying the people within the 300
feet falls upon the applicant not us.
Davis: You give me this, but how would we know the difference ween that and fraud.
Johnson: We wouldn't but I've looked into this and I am convinced that it was a simple
error.
Davis: Will there be anything done in the future to notify the folks.
Johnson: We make every effort to notify the people.
Dwaine Kuehl, was sworn by the attorney.
Kuehl: I am the other party that lives on the south side of Cherry Lane, 4365 & 4375,
this entrance to this subdivision is not in front of my place but if we are starting
over again why can't this entrance be moved, it only has to move one lot to the
right or two lots to the left and it's in front of pasture land. The burm is not
shown on the map, there is nothing in the covenants that say it has to be maintained.
I would like to see something stronger, I don't care to look at a fence or a weed
patch like what is out at Cherry Lane. There are any number of places where entrances
could be made without impacting on the people that are already living there. I would
hope that in the future some consideration be given to the people that are already living
there.
Alidjani: Are you to the east or the west of George's house.
Kuehl: West.
Shearer: If we moved that drive over a lot the only place we could move it would be to
the east and if we moved it a lot to the east we'd be setting the next persons side up
for the same problem.
Kuehl: No, there is a pasture there, there is a pasture on the east side of George
there is a pasture on the west side and there is a pasture on the west side of the road.
Rountree: I just wondered if the developer had considered that option of shifting
Lot 2 of Blk 1 into Blk 2.
Marshall: In working with ACHD you can't just put the entrance any place that you want
y a
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MERIDIAN P & Z
DECEMBER 12, 1989
PAGE #5
to. Our original drawing that we brought in the entrance was not where it is now.
We discovered we couldn't have it there because you had to be 125 ft. from these
streets so we had to move it where it is now for ACHD, that was not our original
choice of where to have the entrance.
Rountree: Was the original parcel on there, was a driveway at that location.
Marshall: No sir.
Alidjani: What can you tell us about the burm.
Marshall: We did not have a homeowners Association, the City Council insist that we have
a homeowners association. The reason for the homeowners association was for the burm,
so that there will be someone paying for the water and the cutting of the entrance.
Hepper: On the restrictive covenants is there any way that the homeowners can vote
not to maintain that burm.
Marshall: I would assume that they could.
Hepper: How much are the dues going to be.
Marshall: I don't know, we will be paying it -the first year.
Riddlemoser: Does your covenants make mention of the homeowners association for the
purpose of maintenance.
Marshall: Yes sir.
Hepper: How far east of Mr. Davis's house is the next house.
Davis: 200 to 250 ft.
Kuehl: The 125 feet can go any direction.
There was further discussion.
Mrs. George Davis, was sworn by the attorney.
Mrs. Davis: I would just like to ask Mr. Johnson to come out to the house in the
evening, all those lights from the workman are now coming in our front window as well
as the bedroom.
Johnson: It just looked to me that the road was slightly to the east.
Hepper: Is there any shrubs or trees that would help.
Mrs. Davis: We have all kinds of trees.
Johnson: Being no one else from the public who wishes to testify we will close the
Public Hearing.
NVRAU
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0 0
MERIDIAN P & Z
DECEMBER 12, 1989
PAGE #5
to. Our original drawing that we brought in the entrance was not where it is now.
We discovered we couldn't have it there because you had to be 125 ft. from these
streets so we had to move it where it is now for ACHD, that was not our original
choice of where to have the entrance.
Rountree: Was the original parcel on there, was a driveway at that location.
Marshall: No sir.
Alidjani: What can you tell us about the burm.
Marshall: We did not have a homeowners Association, the City Council insist that we have
a homeowners association. The reason for the homeowners association was for the burm,
so that there will be someone paying for the water and the cutting of the entrance.
Hepper: On the restrictive covenants is there any way that the homeowners can vote
not to maintain that burm.
Marshall: I would assume that they could.
Hepper: How much are the dues going to be.
Marshall: I don't know, we will be paying it -the first year.
Riddlemoser: Does your covenants make mention of the homeowners association for the
purpose of maintenance.
Marshall: Yes sir.
Hepper: How far east of Mr. Davis's house is the next house.
Davis: 200 to 250 ft.
Kuehl: The 125 feet can go any direction.
There was further discussion.
Mrs. George Davis, was sworn by the attorney.
Mrs. Davis: I would just like to ask Mr. Johnson to come out to the house in the
evening, all those lights from the workman are now coming in our front window as well
as the bedroom.
Johnson: It just looked to me that the road was slightly to the east.
Hepper: Is there any shrubs or trees that would help.
Mrs. Davis: We have all kinds of trees.
Johnson: Being no one else from the public who wishes to testify we will close the
Public Hearing.
NVRAU
MERIDIAN P & Z • •
DECEMBER 12, 1989
PAGE #6
The Motion was made by Alidjani and seconded by Shearer to recommend to the City Council
that they approve the preliminary & final plat on Golf View Estates.
Motion Carried: All Yea:
Johnson: We need to clear up the zoning of the Chetwood property. It was not zoned
properly. We need to correct that. The other thing we need to address is the
length of culdesac's.
There was discussion among the Commission. There will be public hearing on the culdesacs.
The Motion was made by Shearer and seconded by Alidjani to include the zoning change.
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion was made by Shearer
and seconded by Hepper-to adjourn at 8:30 p.m.:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
JIM JOHNSON, CHAIRMAN `
ATTEST:
JACK NTEMANN,/CITY CLERK
Maygf & Council
P&Z Members, Atty.,
City Engineer, Police,
Bldg., Fire, Stuart,
Ward, Hallett, Valley
News, Statesman,
ACRD, NMID, ACC,
Gass, Settler's,
CDH,
Mail (2)
File (2)
February 4, 1991
Dennis Marshall
1526 East First Street
Meridian, Idaho 83642
RE: Golf View Estates #1
Dear Dennis:
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRINGTON
Chairman Zoning & Planning
JIM JOHNSON
At the time Golf View Estates #1 was approved, you advised that you
would contribute $100.00 per lot as they were sold, to a fund to
Lane Golf Course. According to the City Records
complete the Cherry
there have been ten (10) building permits issued in Golf View
Estates Subdivision #11 so we would assume there has been this
number of lots sold.
At this time we are asking that you honor the committment that was
made to contribute to this fund.
Sincerely,
pc: Mayor & Council
i
HUB OF TREASURE VALLE40
A Good Place to Live
OFFICIALS
JACK NIEMANN, City Clerk
CITY �� MERIDIAN
JANICE GASS, Treasurer
BRUCE D. STUART, Water works suet.
33 EAST IDAHO
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste water Supt.
MERIDIAN, IDAHO 83642
KENNY BOWERS, Fire Chief
Phone UB -4433
BILL GORDON, Police Chief
GARY SMITH, City Engineer
GRANT P. KINGSFORD
Mayor
February 4, 1991
Dennis Marshall
1526 East First Street
Meridian, Idaho 83642
RE: Golf View Estates #1
Dear Dennis:
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRINGTON
Chairman Zoning & Planning
JIM JOHNSON
At the time Golf View Estates #1 was approved, you advised that you
would contribute $100.00 per lot as they were sold, to a fund to
Lane Golf Course. According to the City Records
complete the Cherry
there have been ten (10) building permits issued in Golf View
Estates Subdivision #11 so we would assume there has been this
number of lots sold.
At this time we are asking that you honor the committment that was
made to contribute to this fund.
Sincerely,
pc: Mayor & Council
i
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
s
HUB OF TREASURE VALLEY
0
A Good Place to Live
CITY OF MERIDIAN
November 14, 1989
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone UB -4433
GRANT P. KINGSFORD
Mayor
Mr. Dennis Marshall
New Concept Developers, Inc.
1526 E. First Street
Meridian, Idaho 83642
RE: Golf View Estates
Dear Mr. Marshall:
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
JIM JOHNSON
As you are aware, the City Ordinances require that owners of
property within -300 feet of property proposed to be platted are to be
given notice of the hearings of the City on the plat. You, as the
developer, have the obligation to mail the notices and provide
certification that the mailings were conducted.
Also, as you know, it has come to the attention of the City that
the owners of property south of Cherry Lane across from your proposed
Golf View Estates Subdivision were not provided with the required
notice. Due to this situation, the approvals that the subdivision has
received so far are subject to attack by those property owners on due
process grounds.
The only way to correct this situation is to !go through the platting
procedure once again just as if it had not been done before. This would,
of course, mean that all previous City approvals would be withdrawn and
all approvals would have to be re -obtained after the appropriate hearings
and City action. This could entail that the design and development of
the subdivision could be changed. This, however, would be up to the
Planning & Zoning Commission and the City Council.
If you desire the City to help you correct this problem, please
request that the City start the procedure over and consent to the
withdrawal of all prior approvals. Your application could be heard before
the Planning and Zoning Commission at their December 12, 1989, meeting
which would allow time to publish and mail the notices. You could then
possibly be heard at the City Council meeting on January 2, after proper
notice.
ter,
�
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y 4�
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
s
HUB OF TREASURE VALLEY
0
A Good Place to Live
CITY OF MERIDIAN
November 14, 1989
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone UB -4433
GRANT P. KINGSFORD
Mayor
Mr. Dennis Marshall
New Concept Developers, Inc.
1526 E. First Street
Meridian, Idaho 83642
RE: Golf View Estates
Dear Mr. Marshall:
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
JIM JOHNSON
As you are aware, the City Ordinances require that owners of
property within -300 feet of property proposed to be platted are to be
given notice of the hearings of the City on the plat. You, as the
developer, have the obligation to mail the notices and provide
certification that the mailings were conducted.
Also, as you know, it has come to the attention of the City that
the owners of property south of Cherry Lane across from your proposed
Golf View Estates Subdivision were not provided with the required
notice. Due to this situation, the approvals that the subdivision has
received so far are subject to attack by those property owners on due
process grounds.
The only way to correct this situation is to !go through the platting
procedure once again just as if it had not been done before. This would,
of course, mean that all previous City approvals would be withdrawn and
all approvals would have to be re -obtained after the appropriate hearings
and City action. This could entail that the design and development of
the subdivision could be changed. This, however, would be up to the
Planning & Zoning Commission and the City Council.
If you desire the City to help you correct this problem, please
request that the City start the procedure over and consent to the
withdrawal of all prior approvals. Your application could be heard before
the Planning and Zoning Commission at their December 12, 1989, meeting
which would allow time to publish and mail the notices. You could then
possibly be heard at the City Council meeting on January 2, after proper
notice.
0
(2)
e
I have noticed that you are continuing to develop the property
and move dirt in preparation of roads, sidewalks, gutters, sewer,
water, etc. You certainly have the right to continue to move dirt,
as any property owner would, but continuing to develop under the
previously approved plat, plans and designs, is at your own risk due
to the lack of proper notice. The previously approved plat, as a
result of a new platting procedure, could be changed with new street
alignments or other requirements.
The City is willing to assist you in the time tables but the public
must be afforded notice as required and the public's concerns must be
considered.
Please contact me as soon as possible regarding a re-application and
consent to withdrawal of previous City approvals.
Very truly yours,
cc: Mayor & Council
File
Y�
3
Y'
3s
r
w
Y .n
i 124.
k
:F
fi
0
(2)
e
I have noticed that you are continuing to develop the property
and move dirt in preparation of roads, sidewalks, gutters, sewer,
water, etc. You certainly have the right to continue to move dirt,
as any property owner would, but continuing to develop under the
previously approved plat, plans and designs, is at your own risk due
to the lack of proper notice. The previously approved plat, as a
result of a new platting procedure, could be changed with new street
alignments or other requirements.
The City is willing to assist you in the time tables but the public
must be afforded notice as required and the public's concerns must be
considered.
Please contact me as soon as possible regarding a re-application and
consent to withdrawal of previous City approvals.
Very truly yours,
cc: Mayor & Council
File
3s
w
:F
fi
0
(2)
e
I have noticed that you are continuing to develop the property
and move dirt in preparation of roads, sidewalks, gutters, sewer,
water, etc. You certainly have the right to continue to move dirt,
as any property owner would, but continuing to develop under the
previously approved plat, plans and designs, is at your own risk due
to the lack of proper notice. The previously approved plat, as a
result of a new platting procedure, could be changed with new street
alignments or other requirements.
The City is willing to assist you in the time tables but the public
must be afforded notice as required and the public's concerns must be
considered.
Please contact me as soon as possible regarding a re-application and
consent to withdrawal of previous City approvals.
Very truly yours,
cc: Mayor & Council
File
3s
0
(2)
e
I have noticed that you are continuing to develop the property
and move dirt in preparation of roads, sidewalks, gutters, sewer,
water, etc. You certainly have the right to continue to move dirt,
as any property owner would, but continuing to develop under the
previously approved plat, plans and designs, is at your own risk due
to the lack of proper notice. The previously approved plat, as a
result of a new platting procedure, could be changed with new street
alignments or other requirements.
The City is willing to assist you in the time tables but the public
must be afforded notice as required and the public's concerns must be
considered.
Please contact me as soon as possible regarding a re-application and
consent to withdrawal of previous City approvals.
Very truly yours,
cc: Mayor & Council
File
November 14, 1989
Mr. Dennis Marshall
NEW CONCEPT DEVELOPERS, INC.
1526 E. First Street
Meridian, ID 83642
Re: Golf View Estates
Dear Mr. Marshall:
As you are aware, the city ordinances require that owners of
property within 300 feet of property proposed to be platted are
to be given notice of the hearings of the City on the plat. You,
as the developer, have the obligation to mail the notices and
provide certification that the mailings were conducted.
Also, as you know, it has come to the attention of the City
that the owners of property south of Cherry Lane across from your
proposed Golf View Estates Subdivision were not provided with the
required notice. Due to this situation, the approvals that the
subdivision has received so far are subject to attack by those
property owners on due process grounds.
The only way to correct this situation is to go through the
platting procedure once again just as if it had not been done
before. This would, of course, mean that all previous city
approvals would be withdrawn and all approvals would have to be
re -obtained after the appropriate hearings and City action.
This could entail that the design and development of the
subdivision could be changed. This, however, would be up to the
Planning and Zoning Commission and the City Council.
If you desire the City to help you correct this problem,
please request that the City start the procedure over and consent
to the withdrawal of all prior approvals. Your application could
be heard before the Planning and Zoning Commission at their
December 12, 1989, meeting which would allow time to publish and
mail the notices You could then possibly be heard at the City
Council meeting on January 2, after proper notice.
I have noticed that you are continuing to develop the
property and move dirt in preparation of roads, sidewalks,
gutters, sewer, water, etc. You certainly have the right to
continue to move dirt, as any property owner would, but
continuing to develop under the previously approved plat, plans
and designs, is at your own risk due to the lack of proper
notice. The previously approved plat, as a result of a new
platting procedure, could be changed with new street alignments
or other requirements.
The City is willing to assist you in the time tables but the
0
e
public must be afforded notice as required and the public's
concerns must be considered.
Please contact me as soon as possible regarding are -
application and consent to withdrawal of previous City approvals.
Very truly yours,
JACK NIEMANN
City Clerk/Zoning
Administrator
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 888.4481
0 0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission 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 7:30 o'clock p.m., on December
12, 1989, for the purpose of reviewing and considering the
Application of New Concept Developers, Inc., for a preliminary
plat of Golf View Estates #1 which is generally located in the SW
1/4 of Section 3, T. 3 N., R. 1 W., Boise Meridian, Ada County,
Idaho, north of Cherry Lane Road and west of Cherry Lane Village
Subdivision #1, for approval of approximately 30 lots. A more
particular legal description for the parcel is on file in the
office of the City Clerk of the City of Meridian and is available
upon request.
Public comment
�(�will be taken and is welcome.
DATED this o�r, •�, day of 0,?cm,, , 1989.
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 888.4481
0 0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission 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 7:30 o'clock p.m., on December
12, 1989, for the purpose of reviewing and considering the
Application of New Concept Developers, Inc., for a preliminary
plat of Golf View Estates #1 which is generally located in the SW
1/4 of Section 3, T. 3 N., R. 1 W., Boise Meridian, Ada County,
Idaho, north of Cherry Lane Road and west of Cherry Lane Village
Subdivision #1, for approval of approximately 30 lots. A more
particular legal description for the parcel is on file in the
office of the City Clerk of the City of Meridian and is available
upon request.
Public comment
�(�will be taken and is welcome.
DATED this o�r, •�, day of 0,?cm,, , 1989.
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 888.4481
0 0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission 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 7:30 o'clock p.m., on December
12, 1989, for the purpose of reviewing and considering the
Application of New Concept Developers, Inc., for a preliminary
plat of Golf View Estates #1 which is generally located in the SW
1/4 of Section 3, T. 3 N., R. 1 W., Boise Meridian, Ada County,
Idaho, north of Cherry Lane Road and west of Cherry Lane Village
Subdivision #1, for approval of approximately 30 lots. A more
particular legal description for the parcel is on file in the
office of the City Clerk of the City of Meridian and is available
upon request.
Public comment
�(�will be taken and is welcome.
DATED this o�r, •�, day of 0,?cm,, , 1989.
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 888.4481
0 0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission 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 7:30 o'clock p.m., on December
12, 1989, for the purpose of reviewing and considering the
Application of New Concept Developers, Inc., for a preliminary
plat of Golf View Estates #1 which is generally located in the SW
1/4 of Section 3, T. 3 N., R. 1 W., Boise Meridian, Ada County,
Idaho, north of Cherry Lane Road and west of Cherry Lane Village
Subdivision #1, for approval of approximately 30 lots. A more
particular legal description for the parcel is on file in the
office of the City Clerk of the City of Meridian and is available
upon request.
Public comment
�(�will be taken and is welcome.
DATED this o�r, •�, day of 0,?cm,, , 1989.
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NOTICE OF HEARING
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NOTICE is hereby given pursuant to the Ordinances of the
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City of Meridian and the laws of the State of Idaho, that the
City Council 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 7:30 o'clock p.m., on January 16, 1990, for the
purpose of reviewing and considering the Application of..New Concept
Developers, Inc., for a preliminary and final plat of Golf View
Estates #1 which is generally located in the sw 1/4 of Section 3,
T. 3 N., R. 1 W., Boise Meridian, Ada County, Idaho, north of
Cherry Lane Road and west of -Cherry Lane Village Subdivision R,
for approval of approximately 30 lots. A more particular.legal
description for the parcel is on file in the office of the City
Clerk of the City of Meridian and is available upon request.
Public comment will be taken, and is welcome.
DATED this n/d day of December, 1989.
NOTICE OF BEARING - 1 -
, - CITY, CLERK
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