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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 Both the Motion and the second were withdrawn.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: