Glennfield Manor #5 Covenants
MERIDIAN CITY COUNCIL
APRIL 16, 1991
PAGE #3
Tolsma: I have questions for the City Engineer. Has everything been complied with
on your recommendations?
Eng. Smith: Yes, on Glennfield #6 I received final plat on that one and everything
was taken care of. I haven't received final plats back on #5 at this time.
The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on
Glennfield #5 subject to City Engineer's approval.
Motion Carried: All Yea:
ITEM #5: FINAL PLAT ON GLENNFIELD #6:
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Glennfield
#6.
Motion Carried: All Yea.
ITEM #6: COVENANTS GLENNFIELD #5 & #6:
The Motion was made by Myers and seconded by Yerrington to approve the covenants for
Glennfield #5 & #6.
Atty, Crookston: I have a couple of things here, I think the best way to handle it
is to present them to Mr. Hubble and they can be worked out they are not anything serious.
Both the Motion and the second were withdrawn.
Eng. Smith: Z was talking to Don Smitchger of the Settlers Canal Company and he asked
that the developer consider in their covenants a statement that precluded the planting
of trees along that portion of the Settlers ditch that is being piped.
The Motion was made by Myers and seconded by Yerrington to approve the Covenants for
Glennfield #5 & #6 with the City Attorney's approval.
Motion Carried: All Yea:
ITEM #7: REQUEST BY SANITARY SERVICE: TABLED AT LAST MEETING: & NEW TYPE TRASH COLLECTORS:
The Motion was made by Giesler and seconded by Tolsma to deny this request to move a
semi trailer to this location.
2 - Yea; 2 - Nay: - Hearing a tied vote, I will vote Yea:
Motion Denied:
Kingsford: Moe is getting new equipment and he is proposing to offer an option of these
larger garbage cans at an additional fee.
Alidjani: After some time we are in the process of getting 3 new trucks & three new
beds. These are new equipment that we are purchasing. We would like to propose to
the City of Meridian an option for the citizens of Meridian to have this automated system
•
MARCH 26, 1991
MAYOR
COUNCIL MEMBERS
ATTORNEY
CITY ENGINEER
ATTACHED ARE THE COVENANTS ON GLENNFIELD MANOR # 5 FOR YOUR
REVIEW: THESE WILL BE ON THE AGENDA FOR APRIL 16, 1991
ALONG WITH THE FINAL PLAT OF THIS PfiASE OF GLENNFIELD:
Jack Niemann
City Clerk
..--~
. .,
DECLARATION OF PROTECTIVE COVENANTS
CONDITIONS AND RESTRICTIONS
GLENNFIELD MANOR #5
DATED
RECORDED:
INSTRUMENT NO:
WHEREAS, L & R SALES, an Idaho Partnership, hereinafter referred
to as "Declarant", is the owner of certain real property situated
in the City of Meridian. in the County of Ada, State of Idaho,
known as Glennfield Manor Subdivision #5.
WHEREAS, Glennfield Manor #5 is a duly recorded plat: and,
WHEREAS, the Declarant desires to declare of public record
certain Protective Covenants, Conditions and Restrictions upon
the ownership of said property:
NOW THEREFORE. in consideration of the foregoing the Declarant
does hereby declare that the following Protective Covenants,
Conditions and Restrictions:
1. Shall become and are hereby made a part of all
conveyances of all tots within the plat of
GLENNFIELD MANOR #5, retarded on the ___ day of _________, 131,
in Hook _____ of Plats at Pages _________ of the records of Ada
County, State of IdahoS and,
2. Shall by reference become a part of any such conveyance
and shall apply thereto as fully and with the same effect as if
set forth at large therein.
A. PROPERTY SUBJECT TO THESE COVENANTS
1. Iaitial_DaYSlaemant
Declarant hereby declares that ail of the real property
described above is held and shall be held, convened,
hypothecated, encumbered, used, occupied and improved
subJect to these covenants. The above property together
with other real property, if any, from time to time
annexed thereto and made subJect to these covenants shall
constitute Glennfield Manor #5.
2. Annexatina_af_Suhsesuent_2hasas_nf_Gleaafiald_h7aaaa_nc
Othec_ecneettz
Declarant may from time to time annex to Glennfield Manor
any adJacent real property now or hereafter ac9uired by
it. The annexation of such additional phases of
Glennfield Manor shall be accomplished as follows:
(a) The Declarant shall record a declaration which may be
executed by Declarant, and shall among other things
describe the real property to be annexed. establish any
additional or different limitations, restrictions,
covenants and conditions which are intended to be
applicable to such property, and declare that such
property is held and shall be held, convened,
hypothecated, encumbered, used, occupied and improved
subJect to these covenants.
(b) The praperty included by any such annexatian shall
thereby become a part of these covenants.
(c) Not withstanding any provision apparently to the
contrary, a declaration with respect to any annexed area
H.
C.
may:
1. Establish such new land classifications and such
limitations, restrictions covenants and conditions with
respect thereto as Declarant may deem to be appropriate
for the development of the annexed property;
2. These covenants and any amendments thereto shall only
apply to subsevuently desisnated property upon the filins
of separate covenants executed by the developer ar
assisns specifically in corporatins these or additional
covenants.
LAND CLASSIFICATIONS
1. Lot
A lot shall be any plot or tract described in the above
recorded plat. A11 said lots shall be used for
residential purposes except for temporary sales offices
for homebuilders or the Declarant.
BUILDING RESTRICTIONS
1. @esideatial_Use
No lot shall be improved except with a dwellins or
residential structure desisned to accommodate no more
than a sinsle family and structures normally accessory to
such residences, exceptins the risht of any homebuilder
and the Declarant to use any sinsle family residence as a
sales office or model home for purpose of sates within
Glennfield Manor.
2. DW2111II8-$1.2E
The around floor area of the main structure, exclusive of
one-story open porches and sarases, shall not be less
than 1500 sq. ft for a one-story dwellins nor shall the
main level be less than 800 sa. ft. for more than one
story. Each sinsle family dwellins shall be provided
with a private sarase of ade9uate size to shelter not
less than two standard size automobiles.
3. Sathack_@astaictiaas
All dwellinss constructed upon said property shall
conform to the setback restrictions as follows unless
specifically waived in writins by the Architectural
Control Committee. In no case tan the Architectural
Control Committee grant a variance to less than the
setback as defined in the Meridian City Ordinances unless
a variance is sranted by the City throush approved
procedure. No buiidins shall be located on any lot
nearer than twenty (20) feet to the front lot tines
nearer than fifteen t15) feet to the rear lot. line. on
corner lots the side yard shall be minimum of twenty (20)
feet on the side abbuttins the street. Side yards shall
meet Meridian City code.
4. Easements
Easements for the installation and maintenance
of utilities and surface drainase facilities are reserved
as indicated in the recorded plat. Within these
easements, no structure or plantins or other material
shall be placed or permitted to remain which may damase
or interfere with the installation and maintenance of
utilities, ar which mar thanes the direction of fiow of
surface drainage channels in tht easements.
The easement area of each lot and alt improvements in it
shalt be maintained continuously by the owner of the lot
except for those improvements for which a public
authority or utility company is responsible.
5. IBmPIIL3LY_S.tLLl C i:ut fly
No structures of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding
shalt be used on any lot at any time as a residence,
either temporarily or permanently.
6. iccisaYian
In accordance with the provisions of Idaho Code> Section
31-38Q5> the Declarant assumes no responsibility for
providing water for irrigation purposes other than
through the domestic system, and the purchaser
acknowledges the following:
a) that irrigation water deliveries have not been
provided;
b> that the owner of the lot must remain sub.iect to all
assessments levied by the irrigation entity;
c) that the purchaser shall be responsible to par such
legal assessments;
d) that the assessments are a lien on the land within the
irrieation entity.
7. Eencas
No fence, hedge or walls exceeding six (6) feet in height
shall be erected or placed or permitted to remain on any
lot. Fences shall be well constructed with subdivision
architectural similarity and approval. In no event shall
side yard fences pro.iect beyond the front walls of any
dwelling or garage that does not meet the City of
Meridian code.
8. OffensiYe_ActiyitY
No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may be
or mar become an annoyance or nuisance to the
neighborhood.
9. Businass_and_Cammeccial
No trade, craft, business, profession, commercial or
similar activity of any kind shall be conducted on any
lot, nor shall any goods, ewuipment> vehicles, materials
or supplies used in connection with any trade, service or
business be kept ar stored on any lot, excepting the
right of any homebuilder and the Declarant to construct a
residence on any lot, to store construction materials and
e9uipment on said lots in the normal course of said
construction.
14.Sisns
No sign of any kind shalt be displayed to the public view
an any tot or improvement, except one professional sign
na more than 24inches by 24inches advertising the
property for sale ar rent. This does not apply to signs
used by builder during the construction and sales Period.
11. 2ackins
Parkins of boats, trailers, motorcycles, trucks, truck-
campers and like equipment shall not be allowed on any
Part of said Property nor on Public wars ad.iacent thereto
excepting only within the confines of a Privacy fence or
storage structure.
12. Animals
No animals, livestock or poultry of any kind shall be
raised, bred or kept on am lot except that a total of
two household pets may be kept Provided then are not
kept, bred or maintained for any commercial Purposes and
Provided then are kept on a leash when outside their
owners Property boundary lines.
13) Icash~and_@uhhish
No part of said property shall be used or maintained as a
dumping around for rubbish, trash, garbage or any other
waste. No Barbase, trash or other waste shall be kept or
maintained on any part of said Property except in
appropriate sanitary containers for proper disposal and
out of Pubiic view. Ail containers for the storase or
disposal of such materials shall be in a clean and
sanitary condition.
14. Cnnstnuctian_Cnmelatian
Construction of any dwelling shall be completed including
exterior decoration within eight months from the date of
the start of such construction. All lots shall, Prior to
the construction of improvements thereon, be kept in a
neat and orderly condition and free of brush, vines,
weeds, debris and the Brass thereon cut ar mowed at
sufficient intervals to prevent creation of a nuisance or
fire hazard.
15. Extecinc_Einish
The exterior of ali construction an any lot shall be
designed, built and maintained in such a manner as to
blend in with the natural surroundinss, existing
structures and landscaping within Glennfield Manor ~i3.
Exterior color must be approved by the Architectural
Control Committee. Exterior trim, fences, doors,
callings, decks, eaves, Butters and the exterior finish
of garases and other accessory buildings shall be
designed, built and maintained to be compatible with the
exterior of the structure then adJoin.
16. Laadscae$_Camaletinn
Within thirty (30) days after occupancy of the dwelling
unit, each lot shall have in front yard rolled (sod)
lawn, one (i) deciduous or conifer tree, at least two (2)
inches in diameter and ten (10) shrubs or bushes as
approved by the Architectural Gontrol Committee. All
front yard landscaping must be completed within ninety
(90> days from the date of occupancy of the residence
constructed thereon. In the event of undue hardship due
to weather conditions, this Provision may be extended up
to a maximum of six (6) months upon written approval by
the Architectural Committee.
17. Aateanas_and_Secuics_Eacilities
Exterior antennas or satellite dishes shall not be
Permitted to be Placed upon the roof of anv structure or
Positioned on anv lot so as to be visible from the street
in front of said tot. Clothes lines and other facilities
shall be screened so as not to be viewed from the street.
The Placement of all such items shall be apwraved by the
Architectural Committee and include a map depicting the
Plan of such items.
18. Sisht_Distance_at_lntacsectinas
No fence, wall hedge or shrub wlanting which obstructs
sight lines at elevations between two (2) and six (6)
feet above the roadways shall be Placed or Permitted to
remain•on any corner lot within the triangular area
formed by the street Prowerty 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 wrowerty
corner Pram the intersection of the street Prowerty lines
extended. The same sight line limitations shall apply on
anv lot within ten (10) feet from the Intersection of a
street Prowerty line with the edge of a driveway ar alley
wavement. No tree shall be Permitted to remain within
such distances of such intersections unless the foliage
line is maintained at sufficient height to wrevent
obstruction of such sight lines.
19. Idatac_Sueelx_aad_Sawase_Diseasal
No individual domestic water supply system or individual
sewage diswosal system shalt be Permitted on any
residential lot. Irrigation water supply shall be
• Permitted on anv residential lot sub3ect to approval of
the Architectural Committee and all city, county, State
or Federal regulations Pertaining to irrigation water
supplies.
20. Yacd_lishts
UPOn comwletion of a residential structure a yard light
shall be installed in a location not more than seven (7)
feet from the inside of the sidewalk, and adJacent to,
the driveway of such Premises. Said yard light shall be
of a standard six (6> foat height, e9uiPped-with an
electric eve for automatic on/off operation. The location
and type of yard light shall be shown on all wlans for
construction of each Particular structure and be subJect
to approval, as submitted, to the Architectural Control
Committee. The yard light shall be electrically wired
directly to the residences electrical breaker wanel and
shall comwly with the National Electrical Code. If the
lot owners desire other street lighting,. the cost thereof
shalt be the reswonsibility of the lot owners.
D. ARCHITECTURAL CONTROL COMMITTEE
1. Mamhecshiea_8eeaintmeat_and_@amnYal
The Architectural Control Committee, hereinafter referred
to as the Committee, shall consist of as many Persons,
not less than two (2), as the Declarant may from time to
time appoint. Declarant may remove any member of the
Committee from office at anv time and may appoint new or
additional members at anv time. Declarant shall keep on
file at its principal office a list of names and
addresses of the members of the Committee. The powers and
duties of such Committee shall cease one near after, or
prior, at Declarant's sole discretion, after completion
of construction of all dwellings and following the sale
of said dwellinss to the initial owner/occupant on all of
the bu~iiding sites within Olennfield Manor and properties
subsequently annexed thereto.
2. 8ctian
Except as otherwise provided herein, any one member of
the Architectural Control Committee shalt have the power
to act. on behalf of the Committee, without the necessity
of a meeting and without the necessity of consulting the
remaining members of the Committee. The Committee may
render its decisions only by written instrument.
3. Aeecnxal_o£_21ans_hx_8cchitaci:ucal_Cantcal_Cammittea
a) no building or structure, including fences, swimming
pools, animal runs and storage units shall be commenced,
erected, placed or altered on any lot until the
construction plans and specifications as 9uality of
workmanship and materials, harmony of external design
with existing structures, and as to location with respect
to topography and finish grade elevation have been
submitted to and approved in writing by the Architectural
Control Committee.
b) no building or structure, including fences and storage
units shall be commenced, erected, placed or altered on
anv tot, materially altered or materially repaired which
shall alter the surface colors or texture of any unit or
portion thereof unless and until plans, specifications
and color scheme have been submitted to and approved in
writing by the Architectural Control Committee.
c) the requirement as to design and color shall apply
only to the exterior appearance of such improvements, it
not being the intent of these restrictions to control
interior repair or alteration, with the exception of
alteration of a garage or carport into living area.
d) as to all improvements, construction and alteration
upon any lat or the Common Area, the Committee shall have
the risht to refuse to approve anv design, plan or color
for such improvements, construction or alterations which,
in its opinion, are not suitable or desirable for any
reason, aesthetic or atherwise. In so passing on such
design, the Committee shall have the privilege in the
exercise of its discretion to take into consideration the
suitability of the proposed building or of the structure,
the materials of which it is to be built, and the
exterior color scheme in relation to the site upon which
it is proposed to be erected. The Committee may also
consider whether the proposed structure and design shall
be in harmony with the surroundings, the effect of the
building or of the structure or alteration therein as
planned when viewed from adJacent or neighboring
property, and any and all other facts which, in the
Committee's opinion. shall affect the desirability of
such proposed structure. improvement or alteration.
Actual construction shall comply substantially with the
plans and specifications approved.
4. Liahilitx
Neither the Architectural Control Committee nor any
member thereof shall be liable to any owner, occupant,
builder or developer for any damage, loss or preJudica
suffered or claimed on account of any action or failure
to act of the Committee or a member thereof, provided
only that member has, in accordance with the actual
knowiedae possessed by him, acted in good faith.
5. dnnwaiuec
Consent by the Architectural Control Committee to any
matter proposed to it and within its .jurisdiction under
these covenants shall not be deemed to constitute a
precedent or waiver impairing its rights to withhold
approval as to any similar matter thereafter proposed or
submitted to it for consent.
E. GENERAL PROVISIONS
1. Ietm
These convenants are to run with the land and shall be
bindins on all parties and ail persons claiming under
them for a period of thirty (30) nears from the date
these covenants are recorded, unless at any time prior to
the anniversav hate or subse9uent dates a then maJority
of 51~ the owners by written amendment amend or cancel
these covenants after which time said covenants and/or
amendments there to shalt be automatically extended for
successive periods of ten (10> years.
2. Ea£accement
Anv owner or the owner of any recorded mortgage upon any
part of said property, shall have the right to enforce,
by any proceedings at law or in equity, all restrictions.
conditions, covenants, reservations. liens and charges
now or hereafter imposed by the provisions of this
Declaration. Failure by any owner to enforce any
covenant or restriction herein contained shall in na
event be deemed a waiver of the right to do so
thereafter.
3. SeYecahilitY
Invalidation of any ane of these covenants by ,judgement
or court order shalt in no way affect any of the other
provisions which shall remain in full force and effect.
4. Effect_a£_Hteach
The breach of any of these covenants, conditions, or
restrictions shall not defeat or render invalid the lien
of any mortgage or deed of trust made in good faith for
value as to any tot or lots or portions of lots in such
premises, but these covenants, conditions, reservations,
and restrictions shall be binding upon and effective
aeainst any such morteaeee or trustee or owner thereof,
whose title thereto or whose title is or was ac9uired by
foreclosure, trustee's sate, or otherwise.
5. Ameadmant
A. BY_Gcantnc. Until the close of escrow for the sale
of the first Buildine Lot, the Provisions of these
conditions may be amended, replaced or terminated by
Grantor by recordation of a written instrument
settins forth such amendment, replacement or
termination. For the purposes of these
conditions, the close of escrow shall be deemed to be
the date an which a deed erantine a
Buildine Lot is recorded in the office of the Ada
County Recorder.
B. Bx_Owaecs. Except where a ®reater percentase is
re9uired by express Provision, the provisions of the
supplement, other than this article, may be amended
by an instrument in writins sinned and acknawledeed
by the Architectual Control Committee certifvina that
such amendment has been approved by the vats or
written consent of Owners ownine at least fifty-one
percent (51%) of the Buildine Lats located in the
subdivision, and such amendment shall be effective
upon its recordation with the Ada County Recorder.
C. ilntiaa_Bishts. Far the purpose of vatina rishts each
tot owner shalt have one vote Per lot, exept the
Developer shall have two votes Per lot until the
final lots have been transferred from the developer
to the purchasers.
L & R SALES, GENERAL PARTNERSHIP
P. 4. BOX 3b
CALDWELL, ID 83606
BY:
LASHER CONSTRUCTION COMPANY, INC.
GARY D. LASHER, PRESIDENT
ROD'S TRUST
LEONARD R. TRUMBULL, TRUSTEE
~i: