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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. r t 1. r� e. N. BL^CK CAT ROAD m�A [ m:m•. rooa O m U8U19D Z O A D m y m S War s occur W }.e� '` 10b•30�' 6' S 0.T 40' 46' E�y7.74 140.00 •�rS'j roaao tm X_ SIFF . L vl I O/N (�•' 8',r vin c V I• rr.� o . o gg Ot� ai gg o g n -I rr¢rp •r•sv.t • QEI q � 6� L-,Tl P C d � u •, , [ems s FF` 1p• : 4• 14644 s N OP 41r Sr E 436.03 AMM U HIT IAE Win 141 9� 1 I 1 IZ D �9 €NM its 5 b. Te 55 J LM � r (D>Mg w ID 0 4 OZ tZ• 2(n D 2 MM O �WIy V 1 «-4 O z 1fR?g$$i-.R$$94$Stt�!a=tYTYRR�$!�Y�=E!9$RY�jEa �49P59:454ft$$4y454:giS§R$$544Y5,Q%s449$.�'> II aea"ss"'seSa6§:3SIIIILa6aa;bs�San 888 88866888:11086888668868668888a66688a 9"',yC'.C9:LCY_IIYfS:CSC:C>efCa:SSC:LL:6�!-:Ci i3@4CL=C::::II0II9ga3aai0CCaCCCSa9i:9bCC=9C� aC::EIIaz :-So :CCCtan tLLL8C37:CC C=7L:IIae:SCC:LS-PigLCaso:aSoCII=CYIILYLCCCS ae:_. L.SCCB.:.77Ses7Ysa8Gi:iLB�Cs_re:aLs 4$4'r•.�$Rjtitiadii$9�$a$�!o��95:i{y�•A,aw$rt�$Y=1 �{ EY'yCGE:o SY88$ISdBYy:ICP�:9�: Y:C............. .i■iiia.ii.i..nununiu•iie��nni.ii.i.i 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 WNW-, }Abzx F iw ] M1 B1,17 ,, 3 # f%Y {q 4 - S >: y�r 2�$ tlY 1f iT*'UN ?ft+a' 2.g'na k `>F �3'v�.ir�4h2_N§ �a$lp �U 1 r` rt y "A h'3 3 i' k ydy4 �� +I�+Fi�-Ski Yi��Sf'�4� pm `1 9_9 p.., k'.k:,'ril .te, ' 'j E ji rP "j' H b C" S and §.. P S v� t �'k `✓� T 6£fV1 � _i AGF'y �T l`l 1; P ! g#i ; Afl hS } f S7i iSi� sx"+4�.'" s""r}t 0:y t �R� �£ d Ffi(' h u t '`37 Y� f& k0 `"'n3't,; ', '! i. -"S M1 Fu AR S� ��}4r i,¢ } �St7f k,h,„ Y Ea% Yi€.S -'�� $� ry,q a:� .a f. iY t9 �� `"k.z •S }'�s k,; jE 'H ror£v� k,_ w r ..- (, k4.�`Fa 141 �R iK 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. iii { ss aa ''� "lfWOO 400 ik w` "fyE:i'S�(k h { F: �'-1`F � V.� 4 y�2irv2r�4 Y d '!.r �k r t N y$S yP�� 'ry' ♦4 }= N �' i 4zp� 3� fi at .+SY�+`KP'h+' i r t,..Y+ ,`ag 45, o Y t �.-a M" i i t —A W; Wz xa a " gg 3 ti r d :cd 4 4 .. .. .. ...„u �. i'^, ,. -� 4. .'.`fir' X �s•.. -. 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. C min r 0�1 j U k ?' S fue WT, ia � k g $ *74 ^`w yG"'Sn K �EPz 9 min r 0�1 j U k ?' S fue WT, ia cn 0 ON N C$) 0 CYN .i 0 E U) U 0 F;4 - O • .. 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A '�:�1 fi..�M1S • 3 S •'y4i 'i } d' H tX' dOR ry ^ER't{�� mh �f}T ''^ ��q"� S "' k: S ,{"f P k Wpy,r,,",V�, k X 9 frt ?35 Ezf 'may' ..t< Ye .� { t i�'L X ��'�F"R,.} �� ��; ��i '3f��� P ���yy�{ �tl'�5Y• �A'Si �j�-0�{� } u£+� F � L 6 > a rig qq F' t 4 t n�ryAi Y MA 4 {!� k a Yy # X46 i''" ` l5; i aJ � •• w N a w Z. H W+ H Pa Wa p o •-+ CW a �, N W H � p � U a h .. m '• O O H z�� z - i S cs- ONz �Q moo] a a- r-1 H s s fl S+ v a S 00 H43 S} •� ! s 0� S q H a Pal SAW.- ILA Z7Z as 'i fIv CL - ' c:.z ➢ �' S et V Fi o. C4 d �i o - n - Ilillill II�Iilllllllllillll { Ir haat r ' hT { r fi i j rF, A �} I Ell �3 : Y \>�t Ir haat r " hT { S rF, A �} I Ell �3 : Y \>�t W a tw a t �§i �� s � s ,& k� � r N•W 7 0 » � � " ON ��` .i a'4,T `.,aY P f � wg ff y yw n* 1w+ rt W -- , �M - �n 9 I r -t- I R-1 0 V n a x , - 0 0 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 TLU/vrk a*s 44 ' 4 0 kdr' "19 t � 4 Z, t -04 Wii �P ;ix.S a. �i�iii*ii`%, J `D Y.,l 3 4} t�'h• is 15 E+✓P�;' .E S S �X24fi�T�h'"E{�_- 7 3 ... ¢" Ai ry lx Y'� 5v.*'S"a` ON` a � d � 3 ,k Q t. SANMIT oil it Y t y�g'�'.4�9- y IT a� t #Y da.xk h Y k X }i 4q. h4+`P _ $ rh`rs T ,tom 4ol 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 i r .,. f., p 1 i r .,. .,. �aw +�A t r z 1� 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 SFmac+ - ... '! 3 4�j ' Y ¢_"� I$ x»" y$hfig T rfi E 2 3cr'n �FF ¢ 1 7r" N x' a� P �p 3 4 P .!.'.• �'t' ! �'` _:yObA}., y kl!'TJ�0,110 $ dip* h K i L '�" $i �4 �k t 4w } dJM �w kg V.4 �. 5� F * b. m. {µ�.A �TM K, t 'WAM �,vF w t 4` q i 4, a t� #. �'+n i � PA Y h �F ..�+_ u 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. �, qq iy��. y,� �t A 011,11 #'033 't Ste, /^""F �¢ o t t X {�M� a F%dilO f S TY E t WT ­Pip NO 50 kf7.i fit 7 k`55=�Y'ft* k C g}g, at 9 g# $F'f`yy`g' g1p9 fl 4 Ari,,, f . -fir �y r k X� d4"0Y y'r,��. s' y#' �j k ,� :s ` P ESB "* 41 - } G;;��3,," H �p fD Al. R rt 7 W �, hi�+•N F+ n�n R R a y LL � ►-+ � b a A fD L7 � R i� y . flD fD to w d fD ? o K �° �t � a o � pc � � m � � � � � o ��t n �• o • n pS � �' f''• � Ir• R 'C � p'i �1 RhA R W. it) rr ft "* - ro Q� v H ref.' 1 WQR� - . l< v 1�. 8w C] 1 ~ C7 CrJ � 00 1 WQR� - . l< v 1�. 8w 1 • F, r°s - m � � ro R o r En fD R �.dv i $ L i 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 Ag r 3 WA s -ro a m m H (DD -s %i C+=c H N t2i p mC+ --" M _ a m C+ a H 0 00 - � �+ cto F+ N Q J a J � n.4 J N Cf F+ � t0 0S o '+ t0 e+ e N r. Q O 0� w o (DMC. c lr+ta f O N C. T fD ��y G J N i fD a n C+ �_ c N tG .��. � J C+174 �. 1 N -ro H z O %i sr• H N t2i p •• 2 H _ 0 C: H H 00 - � �+ H F+ z � N F+ t0 00 t0 Y`$ d W� t xs, g 'O d O 4 M r �• HH ai Z O � c � C4 CA o� H a O " z a M R > fD o c � c 0 4 O 6 Z 00 N ' N �O 00 6.0 104 W 03 W W � �y .� Irr nn iC t+i Z O hD H zz •• Z O U y f1 by !n L=J d a C o xtj 1-4 r 0 t" 14H En � cin z y tr] H ftw En 5x F.� cn i y y vi r- - - - 77 �..�r p 9 9 L' S qt t4 01, 1 1 4 # 9 . �i U9 7 IF iW03 3 d G i; i. z 2} w^ . Y "iha`�fit i _ �;-f r I , �jz �fl s 3A ".'Ypps ytyF'_t � k �4e fi Z Gk' VZP .r �l p 9 L' S qt t4 01, 1 1 4 # 9 . �i U9 7 y, iW03 3 d G z 2} w^ . "iha`�fit i.-. _ �;-f K x L 55 } � �� � �� � � ��E �vw �4'r�`'�`�b Y,% � � .� �£'_ ���N S� %,e �µ"�• ��F� +4 {' •%i v' r%Fivt'.. .a# i Y s'�i}�fi } k � a$Y M} � V i H N 0 H x M En H l�J ✓.J L 55 s r � �� � �� � � ��E �vw �4'r�`'�`�b Y,% � � .� �£'_ ���N S� %,e �µ"�• ��F� +4 {' •%i v' r%Fivt'.. .a# i Y s'�i}�fi } 'g 19 1n 4"i+1isJ cu,. Skvs`. I,5 ��5�`"�"'r' g. ,i5 'gf�:a t�.�^,5p. iag Ni 5 f k' #i4j ry 7 5. r' �" .•""i:. fTc i 'w Ay,,ai#'a ;y^' ��'kfi'tr, �tYx e Aw 4 . .: . i'' i:_A�?ofW omw @'pvq ` � 4 �1'�^µ � Aaq i` � �4.�a '"t.dS i. �' t f$ "�1 a j _a :. '{4ti<' i 'ka{g"ys t 4 x••'1 Y uid, I ,y r` +�` 4"`l s v n •'�iy"rt +u-¢+,§,` i '���fi"{k f •,�. 4. 0 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. A 0p� } a,�C- kTKw �9 T T fi 4r "d 1 4 E d F g� x fi fi r MERIDIAN CITY COUNCIL • 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 ® 0 w �f05 v• } by +*4�9 ii3YYr�nYtJ �' # t�, N A 5r � - u y PO't a ,O+� f '' a r- { N51UDIAN CITY COUNCIL 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 r , r { i p Y ,g g r x z 4, t, { N51UDIAN CITY COUNCIL 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 r , r { i p Y g r z 4, ^� g j 5 3 t A �^ra..# ,! w �3 ', i s. t .`i' _ fir+ d N MEPMIAN CITY COUNCIL SEP'I'OISM 19, 1989 PAGE # 10 0 c: 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 t1 - p�di ,gy NDY it }mr�.�i} P T M t1 - Fv"k �i � t e t.i $ �6 K¢ � z IL s rProf....................................... ® Dot e_%�!4�:f?—By.-- ----- Sh eet-----..%......Of................. 6 Ot l=y(E w lEST,gTFs — COye*, a n /s 1- - �� y �,e d cir;�h — _ pip e,y _CUBIC Ir h oh show's 14 m a_� bn:� on4j lv ca Aed tii Tike t- r A way . The�vp�rinar plan o� flu Se�fiers--d�l� �oipin� Latif - ' I -HuS Wa — Sec fron [0 : &r " AA how. —7.t 1 1. in *It 6'8 hv�e 141viy0s" HILL %u (4) -5hioul d he- fhi-c (I) - 2, rn *IL 3' i %ri -Lre, fivr� �i lid) �"t S JtiowLd be flier ?� (30) S A � 4 `k iv a i3 -77 r� F ' F k, i Z� } 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 ®® 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 2" y [g, 3{ f, $fid r�YNzi gra; t yr 40 t�"� �'. t`;r 1, § r •. zt:i f +n. f'. 'i .`pX 3 is ,r. P .. .t. . p { 5 # k l HA %� d,. �. w� f➢ t%- & , as Y RR f� •,! �.,{ ��?.��, l S , 8 a4' o f 'a s q 1 E t -*'V 4.f'�.- ., s +'s} _. .ms+ 'fid V 4 t SR i;�J xi`,1iX L ;1'0 d �•r .M?, 51 a i, rt a t , y K e (r A � x ���'�" �+Y "i 1 l m A ','r`.�`�' S r � � k„ 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 f sY. , i., 0 (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 ,k h ® e 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 A M f"f p 4 s6 5 t. Twp,, 4 A �s,LLn3t yi go 3 K r �.''s .., A.'�', 4•" N { N1 0 Committee, of a standard six (6) loot height, and shall be shovn 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 light Miall be electrically wired directly to the residence's electrical breWW panel and owly With the National Electrical Code. 0 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTION$ - 6 s S S�- F f 4 Yt F L A a � e 3 ^"PtN f gG' 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 xpires- DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS - 7 d i � z y W 3 � � k 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. NI , CITY CI.E11K p 01 4r u p. r. q, A El 14�-0 0 �a m 3 W 3 I Q a __ sl a a8 sa � r $_ W to ........................................ - §� �9 �Aa°a§§'a§as :tb�eaaAA's S sa89§i§"a �A D+'k�k4i§d����s��es6kataesi-_ai;ii�§§'s'� ah9daaas's�. z i . ...s:s:aa_sa:-zaaa::aaassasasaasses _ e:aaaaas::s _- seaa�i::"xo 9"8da_ida_Ss:====_s:9_:s8da�_dassa:s - zw vi 5--- -- �saa=aaa:^saa::ash:-as:as:a:a�:aaass::a:assras::.-x' A�888�A:_aRaB-sa_s:�sZaAassa9abaaca _�:a:ss:acz � & Z � o � � � pv g :a:agaa:ss:a:aacaaseaeaeeexsa=:asaaa..-cas:::::a �_x88:s::_aaeai-8a_a98d:IISSIIIIBd�daa_ � S � o �pp _II.�9a_E_St � Z c w . � � 8 m 8998B888B88898888888888888898888888888888888888 aesaa SSRaS3^' SS�SIIII:^_ssS:SII' •• Sa z m S --h doaoBAA:_hhaoa�'a8A§i:k'sa's--` kaebt3§zaitetabA'a3:9t* - z -- a FA bb��bYNL• .bbbbb bt1bb � �-^^•^•^ _-----=::s:aaassaa:a:aaaasasas:s:zss^_• - �a m 3 W 3 I Q a __ sl a a8 sa � r $_ W to -F LO A W til 00 !� @jZ O H N t�1 H Cl yy H \ H n w K7 N O xN d H (� �' c V1 y ����, y U)t IEn H d m �tzj ro :z tri tilro En M H a 0 c 0 En - E N HN O �o z 00 LO A W til 00 !� @jZ O H N t�1 H Cl yy H \ H n w K7 N O xN d H (� �' c V1 y ����, y U)t IEn H d m �tzj ro :z tri tilro En M H 4 Qi �L 0 k 4 130 oft is14 k� �� i s{z5>a s a6Ak'a'Sb }' yi3fidN'i'�fA u l ,fikei.s'�"aa Now, f 4' •'. ; •i v 4:4 SK �A i� #Y ��A t .. t, ^.'.{ %k. .. ✓"' Fb xMh�ax ^��rc� :#d.§ L'S @e FU's v In y " .i �'�'a9^�#ni� t3 ° F r< rffi 4Y*'*z 1� � x iS Ni- ..g ,}1., 5¢3 4'F v"Ell t �, i4' Y OAR I 0 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- a a1� i it EM 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 .12"Ic ,faAcce,41ee�,44.k ---- ESM* E*10 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 $2 Coal of lender or code repairs not to exceed d _ Discount points to be paid as agreed on line 29 and 30. SELLER UNDERSTAND$ $3 that" a resullotanycityoraountyhwPscVmmhE AYOEREDU/REDTDMAKEREPA}RSt theprop lnordertocom I the V RORNOTA SALE IS COMPLETED (/HOER THIS AGREEMENT : '`�,'�'"_, � � s4 � 7. POSSESSION. Buyer Shall be entitled to P098904101 On closing D other " "Cloeinp„ means the d on whish e i documents ata 6$ 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. JTE:sg Prepared By J -U ENGINEERS, Inc 0 97 J r9 Of T John T. (Tom) Eddy, P.L.S. �v 9# t -i f Y Ell J J IyLy L� r � 4 iii W-0 i �z 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 r 0 0 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 0a 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 } s� i. E n nn k {E k ,t f s; 0a 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 } s� i. E 0a 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 0 ,; r� 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 0 ,; n 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. 4« 2 � 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 Hli zr i � y r Y xg ,� , nak s'3S Na r 0{ {lgAt a , 4 � , �d wl,.. s x O p y rgf',;.i& N`44 wXwa" ^' ,f k Rm i s i z a u�x; Ilk -a F h ® 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 0 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 i ik'if K'��'k{, � t , iw � Nf i'.Ab Y •.ZFSXC�'� F,h4 �' r, ;' F N .0 .^ Y�Fff pw. 1 # .. z ZY .:~ M . ;j P �v 3y C ti ry -' �; iiy�..S�Y„i� kx?�T""�(`zM� T3r`/ ". ��+� P �,,.;� $�'z ,�" aro � via. a� ,� ��[ • Yet �� ' � 4 :£ ; � � x � � yg��,. � 5 l�r� y, r 34- is 3 C #i'a' i%} _ rs � - 5 }n ea?k "� +S � •`ui #e 3, Sx` :, Y Thy F f t^n'L +ryv '`& �� �``k�^9 'i� 'i�{t`4 L A%� iw''S* ax iX '% ti'S�' # WW.P2 ;f, 3. `a`• d G .+^ �^';;, d I§ r r " r r 3 " 3 } F r+'" '�� SP e k - a r3,i. w\ ±K 3 4 jt +. fr; #h, "S0111r-� r > 3 � X MW z on any structure constructed on a Lot unless approved otherwise r in writing, by the Architectural Control Committee beforehand. y 3.3 Architectural Committee Review. No dwelling, garage, i;. accessory building, fence, wall or other structure on the Property shall be built, erected, placed or materially altered ,.". 41, y unless and until the plans therefor have been reviewed in advance ¢. s: r, by the Architectural Committee, and the same have been approved r x 74, in writing, as more particularly required by Article IV of this Declaration. 3.4 Work Prosecution and Sanctions. Each Owner covenants 4, and agrees that within six (6) months following the purchase of a 4 Lot from Declarant, the construction of a dwelling meeting °y specifications approved by the Architectural Committee shall be completed thereon, including exterior painting; PROVIDED, 0 mg t 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 3 t landscape plan to the Architectural Control Committee as provided A� 3 £ � rp{� *F {° $M j,."" r "r in Article IV hereof. Unless otherwise required by said z 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, #. whichever is earlier. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather u 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 3 (6) months of occupancy. 3.6 Fences. No fence, hedge or boundary wall situated 'x 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 - i 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 " construction. No fences of basket -weave design shall be allowed. No fence shall be constructed past the front lot plane of the a .r dwelling. On corner' Lots no fence shall extend g , past the front } r., of the dwelling, nor stop at the rear plane of the dwelling on a s` 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 -------------------------------- ,..- X MW s 41, y P'^�� r i r x 74, 4, 4 0 mg t w7# 3 t b y W1, $" A� 3 £ � rp{� *F {° $M j,."" ..] µ+km 1# b 4 S'ahv x£'i5w k`� 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 'Tor':., ,r. •M ,y3 �.-, .,. aj� '�X� '^� �'% Fit J �f ,+ 6 a'sx�d"s�m a s,' 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 t 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 fiy A 4'et 5 A�, u . a t i awry'; 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 fiy A�, u a t i awry'; F1 1 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 ME ^ai ME 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 t s Nnt a z F r k t � s �u. 2 tM� � f 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 t s z F 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 1 f,c 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 .t k s ve 4 �3 [LA 4 yb N ''�'1-3'tt 4 '�''�� �$A t'� .yi 5•;«�, ri i ! +{; . . }'� y � g i i,X', Reed l F. ow,'yy�,hlii 'i "9 °' nv'�i' 3"Ft„P! �' W{{'�.• A �+'k".�'1T''1 s:ite�5r'k-ie �9 #"Rbdk d§'PRH � k "�^4Mt�a+Xt}`t .`� at y Y�f`kk��fg ¢,�'1{ 2` i �jffi 4 � te�iG t -f S' ^troy"a t �� t T gC�ii� '� f h Je :�i g 3d iqS s r N+lYO v $ k t '€ ` � ` t .: 4d ,r,'� p b .y 4 1 1 g 5,,} k y .. L3'#?;�`. s`. . , MF`t}-"�. ft z R,..... 8 ' t; a.:., i �N V.j .,` 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 . _ Suzanne Marshall 1526 E. 1st. Street Meridian, Idaho 83642 5 Robert Bodine x 1526 E. 1st. Street Meridian, Idaho 83642 x IS', s"T 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 ha# RAv'x such powers as are expressly set forth in the Articles, the fi o-. K! G� By -Laws and this Declaration. The Association shall have the r� 0 power to do any and all lawful things which may be authorized, £"N M; { € iv F required or permitted to be done by the Association under and by 4 virtue of this Declaration and to do and perform any and all acts 4 k 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 �.y..0 40 any of its power to such committees, officers or employees W thereof as a majority of the Board may deem appropriate. Without t` •`a'r- limiting the generality of the foregoing paragraph, the : 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 E. Y 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 ,,�7.5 tN - rn asy d Piil Owners for the costs'thereof, provided that if the cost of any '''P"$„�.�*Rajb'u =s' such capital improvement shall be in excess of five percent (5%) of the budgeted gross expenses for the current fiscal year, the }�f4s .. authorization for such purchase must be by the affirmative vote ', v+r # k�'h`k 'sv' 3 k" F -. $ ,c Fi M t i zi ^E? r b _ of at least two-thirds (2/3) of the Voting Owners, including k fig.%« 3 ➢"w F i „a Declarant, voting in person or by proxy at a meeting duly called for said purpose. iz -` SECOND AMENDED AND RESTATED DECLARATION GOLF VIEW ESTATES SUBDIVISION - 14 IN!d A f(!,fa5""�r�i��� � 6 3IA � t�t x 3 z, IS', s"T itpX a? f+,wifd ha# RAv'x le i' 1 7:; M-Em,,i5�`':h ,c�x°.d, av `� d d t r�±• r� 0 E . £"N M; { € iv ; �' �f ,l`' a. ? p "4 Ra"x "£4 Yid.^ �f # T >{ t' g ' X �, ' .3 6: .` '1 .;i`•-M£d' 7 �(4 4 4 k �.y..0 40 4.4 •`a'r- k .' ��' ,q�'C a. °�t, x253 ; t a'1" t3.'� 4 ,Y E�' '� NA ",'w3' ) r§ 4' 4 3;' `t' S 3 F +� Fe"'ri IfA a f ,,�7.5 tN - rn asy d Piil t ta$k 7—P -5 '''P"$„�.�*Rajb'u t.,5 tk -, }�f4s .. % ', v+r # k�'h`k 'sv' 3 k" F -. $ ,c Fi M t i zi ^E? r b _ 7,1 �w k fig.%« 3 ➢"w F i „a iz 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$w or in equity including; but not limited to, commencing appropriate legal action, suspending the Owners right to use the Common Area and facilities of the Property or suspending the Owners voting rights, provided however, such suspension may not be for a period in excess of thirty (30) days, after notice and hearing as herein provided, for an infraction of such Rules. In addition to the other remedies herein set forth, the Board, by majority vote, may levy a fine against such Owner, after appropriate notice and hearing as herein provided, in an amount SECOND AMENDED AND RESTATED DECLARATION GOLF VIEW ESTATES SUBDIVISION - 15 1R fl r �5 ,a { k 4 7, a i Al Y 5.10 Project Rules. A. The Board may, from time to time, and subject to the provisions of this Declaration, make and amend reasonable Rules concerning the Property. B. With respect to Subparagraph (A) above, the Rules may, without limitation and to the extent deemed necessary by the Board to preserve the benefits of the Property for all Lot Owners, and their families, invitees, licensees, tenants and guests, restrict and/or govern the use of the Common Area by any guest, by any Owner, or by the family of such Owner, provided, however, that with respect to use of the Common Area, the Rules may not discriminate between Owners and the families and lessees of Owners. C. A copy of the Rules shall be furnished to each Lot Owner and each Lot Owner, his family, guests, employees, invitees, licensees, or tenants shall comply with such Rules. 5.11 Enforcement. The Board shall have the power, obligation and duty to enforce the provisions of this Declaration, the By -Laws and the Rules. In the event of a breach of any of the restrictions contained in this Declaration or of any Rules by a Lot Owner, his family, guests, employees, invitees, licensees, or tenants, the Board, for and on behalf of all other Lot Owners, may enforce the obligations of each Owner to obey such Rules or restrictions in any manner provided by 1$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 1R fl r �5 ,a { k 4 7, i Al Y 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 k Y� Fk4,U,' �r i I „ rJ LJ 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 } 7 Em 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 0 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 r. r ,z 0 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 N � : ,'Ao qq : W �" ! � k x' d' 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 N � : ,'Ao qq : W �" ! � d' P �s%�SA'.C.+�''. 7:.� p `Y' �•^nn, i„c t ax g r §'�'',- g A i 't rtcr J �3 2" m,. 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 { F r r 1 Y r 5 �Y. l a� } Ali Witt: h 4 s r 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 { F 1 a� } Ali Witt: h 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 A, t �v 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 A, �v 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 mprokl�,, 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 Ss 1 �ff 1 3 krr . 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 ,kY l x3 >r4 �r M i4 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 ,kY l x3 M i4 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 ,kY l x3 I 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 �A tiO 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 t.- Y �t i x 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 t.- Y i x ti 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 u i' 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 611060666660 + • Res • • •1Commi ... .....rte SECOND AMENDED AND RESTATED DECLARATION GOLF VIEW ESTATES SUBDIVISION - 32 a 3 N F �tlE�S.Y •gd or Idaho se, Idaho res: 4/13/95 CD st Tdd ti m V - M O co tO N M to f� 7 M N r N M th M 1d� m 0 N3H3VlH31N1 a lD m ti i M O ' • � � _ m w o n • i' t°Q �Mpq _ N HIy O 311HM .N o f N O « - w 8 °y 1� {'l1 m �w ' C = cr • - Y. at - a 31tf3wwns 'N 8 1 8 h 011 � ■ � 0 N a Of N Ott I � y a ° I - 0 Itt • s OOI Oet Oet Olt - w o+ • w Ott p y I 9 Ott at °tt 4 ti nt as 3 - Ott _ w � Ott O[t \ -! R+ 4 A� A 'top F Q ou ott I Ott f-14]6 s � a Ole J a jo L m 1 Got I N Z r c/ / } W a ~ o a M I1 O _/ r — LU W V � r 0 W f� M1 ;$f L. J ��� _, N3, -. `F O � Y d - �" ak t A ��M4r }Aa Q eoy f k L -kk W l CD st Tdd ti m V - M O co tO N M to f� 7 M N r N M th M 1d� m 0 N3H3VlH31N1 a lD m ti i M O ' • � � _ m w o n • i' t°Q �Mpq _ N HIy O 311HM .N o f N O « - w 8 °y 1� {'l1 m �w ' C = cr • - Y. at - a 31tf3wwns 'N 8 1 8 h 011 � ■ � 0 N a Of N Ott I � y a ° I - 0 Itt • s OOI Oet Oet Olt - w o+ • w Ott p y I 9 Ott at °tt 4 ti nt as 3 - Ott _ w � Ott O[t \ -! R+ 4 A� A 'top F Q ou ott I Ott f-14]6 s � a Ole J a jo L m 1 Got I N ��\ ray'/ Z r c/ / n• W a ~ o a M I1 O _/ r — LU W V � J a 0 W f� M1 ;$f L. J ��� _, N3, -. `F O V ��\ ray'/ k. n & # `3 M1 ;$f ��� _, N3, -. `F 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, e 1., L.` 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 5 l fiikYY F -rk X �S T �3 a�Csi.vs..x € aY. v. .,.». ex v"I" . +w'.3h.�txa` �a • e 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 V` • e 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, � �Bb 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. ki r. Y XFY � � J k a"ii •s a fie. b'�'���FY °iYy„�'�Y'`3'`$' k ? .�' d"' �{ x �q �g°��`�' I NO A WA X14 .,q. a Y 2 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. ki r. XFY � � J k a"ii •s a fie. b'�'���FY °iYy„�'�Y'`3'`$' k ? .�' d"' �{ k �q �g°��`�' I NO A WA X14 .,q. Y 2 { 1 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 888.4481 0 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on December 12, 1989, for the purpose of reviewing and considering the Application of New Concept Developers, Inc., for a preliminary plat of Golf View Estates #1 which is generally located in the SW 1/4 of Section 3, T. 3 N., R. 1 W., Boise Meridian, Ada County, Idaho, north of Cherry Lane Road and west of Cherry Lane Village Subdivision #1, for approval of approximately 30 lots. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment �(�will be taken and is welcome. DATED this o�r, •�, day of 0,?cm,, , 1989. ki � J k a"ii •s a fie. b'�'���FY °iYy„�'�Y'`3'`$' k ? .�' d"' �{ k �q �g°��`�' I NO WOO 6 WA X14 .,q. Y 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. x ki � J k a"ii •s a fie. b'�'���FY °iYy„�'�Y'`3'`$' k ? .�' d"' �{ k �q �g°��`�' I NO WOO 6 WA X14 .,q. A k 2 { 1 x i WOO 6 X14 .,q. xE ye � � 5 l� M%11MNMME 5=14 M"AM Viacom= UrW r 0 ! U �'o ' C .. u m a. 4 . m W L e Z v° E m j0 d � o h c Zcm W Wie 8 m w a 7 1 -t z w I o E J I k 1 • �a 9IVII 6. I 1 T `� +•S I I * I , — I;' • I I I W ij I�'• NOISIAf� ns l 'ON f;-. IZ j 3'JVl11A 3NVl AN)RHO I- I 1Vld 030N3MV ■ —A - mool °t• �ppF `l4' tot y 000AT1F1?!3� r. � N � riY >100 lh • ale all �� m 33�a�W ns s �• �• 9 n. _ Uotr•,a .Ft�bt I 1 i� 1 O ��•92' < I o 8 m N 1. S 4• N tp��F►f�` `f4. Jple oo - d OZ o t` l S Mot l \ LEM 3. ;OZ Opt • I 3.80.1f Zp S r+roll GO M .9S .BO .SO 3 0t ll•,b 4 r 0 A 2x S++ -6- ti TM ni; 4= y: 7 x, ?S 3 t L W - .......... ..............'��;� �y �5 A 2x w ? TM 4= R g y f N cl+ t11 �i co r -I .4" 00 rq rd co A •� n H H •rl M Nrti0 U 14 rO 0404 U N O •k rl �7nF4 H NOTICE OF HEARING i NOTICE is hereby given pursuant to the Ordinances of the a r 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 0 Z� m m Z o H w '� pp v i 3 W Wbi d2 W m° aZ F w"a mm I 'a ct 5 8`< m Z z^s iso or I r W F w 1 1 , �gqqa �N It- * — a, I IW I;I 3, I, NOIStl ens l 'ON 3`9V -M 3NY1 Aa2l ". IZ, I W I- I Wd 030N3nV o�T 0 1 Ocj— �Q� ooamlab3� U �t oilOli 'I - CL ns <� o. 9e Co. t f yl�i 00-78 0� •� er�t M S •tp sl2i [YOl l \ S LZ'BCS 3. 3.603CM S c` 5 3.0v. 0 • - o o iii y � r iw�C lr ♦ 0000 ii + II} lJhr-:`TEJ / %A4l d E / Q 1 '10.11so�'irsrW �a s I I . 00' 20'� ' E S oT 31' 09' E g T f! ; 278.27 110.43 -. ?1p 0t,• /) .o Ilp '3 I�QtJ(�.W W BLOC ii P + II} lJhr-:`TEJ / %A4l • E / Q 1 '10.11so�'irsrW I I . 00' 20'� ' E S oT 31' 09' E g T f! ; 278.27 110.43 -. ?1p 0t,• /) .o Ilp '3 I�QtJ(�.W W BLOC 11 J ra 0 j; a p i •'s Fes„ § ,�•s+ 4 E 3, SULM,lio J 1. BLOCK51 iXA Rti i' 4 ��FtNWOoo_-DRt g• !�f u � XJ � 4,a, fi � ,.?�,�w'> 3 iszy.Svc� b �� s it�.�v.� � �+h t e'6+6i1. �.«�:r°?i?k� • e � �o v V S� W ti 1�V •''r � � _ � � Y I ILOCK I T ,110 1W IW 130 g' 1 z �M AMENDED PLAT CHERRY LANE VILLAGE ; 1 N0. 1 SUBQJV1510N •yy z: ' I . 1D1 t I I S �f 't t O I a c $ g7 z Z P � �c s SD gQux n zZr� m z m F: , m o � Q t P %A4l Fes„ § ,�•s+ 4 E 3, iXA Rti i' 4 ♦i , XJ � 4,a, fi � ,.?�,�w'> 3 iszy.Svc� b �� s it�.�v.� � �+h t e'6+6i1. �.«�:r°?i?k� • e