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Kearney Place Subdivision Covenants MERIDIAN CITY COUNCIL APRIL 7, 1992 PAGE 5 The Motion was made by Yerrington and seconded by Corrie to approve this proposal with an effective date of May 15, 1992. Giesler: This is the first time I've really had an opportunity to look at these figures and visit with individuals and i think I'd like to research it a little bit more. I can see where Moe's coming from about wages with his employees. Yerrington: Well I made the motion and I'm comfortable with it. Motion: 2 - Yea; 2 Nea; Kingsford: Vote to break tie - Nea; Let's look at it after a week or two, it won't hurt us to evaluate this a little. The Motion was made by Tolsma and seconded by Giesler to table this request until the next meeting. Motion Carried: All Yea: ITEM #8: COVENANTS ON KEARNEY PLACE SUBDIVISION: The Motion was made by Tolsma and seconded by Yerrington to approve of the Covenants on Kearney Place. Motion Carried: ITEM #9: DELINQUENCIES: All Yea: PRE-TERMINATION HEARING: WATER/SEWER/TRASH Kingsford: This is to inform you in writing, if you choose to you have a right to a pre-termination hearing at 7:30 P.M., April 7, 1992, before the Mayor and Council to appear in person to be judged on the facts and defend the claim made by the City that your water/ sewer/trash is delinquent. You may retain Counsel. This service will be discontinued on April 15, 1992 unless payment is received in full. Is there any one from the public who would like to contest their water/sewer/trash delinquency? No response. The Motion was made by Yerrington and seconded by Giesler to approve of the turn off list. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list is $5,873.65. April 3, 1992 T0: CITY OF MERIDIAN FROM: DAN WOOD, Developer, Kearney Place TO WHOM IT MAY CONCERN: Due to circumstances beyond my control, I will be unable to attend the meeting of City Council on Tuesday, April--7th, 1992. I respectfully request that the CC&R's I've submitted for Kearney Place-be approved in my absence even though there may be a few minor changes to make upon my return. I plan to be back in the city of Meridian on April 8th, 1992. I appreciate your consideration of my request as my absence will be unavoidable at this time. Thank you. Sincerely, DAN WOOD Developer Kearney Place MARCH 17, 1992: MAYOR COUNCIL MEMBERS ATTORNEY ~5~ /~ ATTPCH® ARE THE COVENANTS ON KEARNEY P7~C~ SUBDIVISION FOR YOUR REVIEHT: THESE WILL BE ON THE COUNCIL AGQ~IDA FOR APRIL 7, 1992: Jack Nienann CityNnClerk ` / ~7/ MARCH 17, 1992: MAYOR COUNCIL MEMBERS ATTORNEY E[~GINFF.R ATTACHID ARE THE ('OVENANPS ON I~ARNEY PLACE SUBDIVISION FOR YOUR REVIEW: THESE WILL BE ON THE COUNCIL AGE[~IDA FOR APRIL 7, 1992: Jack Niemann City Clerk DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION THIS DECLARATION is made effective on the day of .1992, by D. W., Inc., an Idaho corporation, hereinafter referred to as 'Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the 'Property', more particularly described as follows: The Plat of Kearney Place, recorded as Instrument No. in Book _ of Plats, at pages through ,records of Ada County, Idaho. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by an Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE I DEFINITIONS 1.1 'Articles" shall mean the Articles of this Declaration. 1.2 °Building Lot' or °Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 1. FVS/slr/03/11/92(KeameyDeclaration) 1.3 "Committee' shall mean the Architectural Control Committee. 1.4 'Declaration' or "Supplemental Declaration' shall refer to this Declaration as hereafter amended and supplemented from time to time. 1.5 'Declarant", 'Developer' or'Grantor" shall mean and refer to D. W., Inc., an Idaho corporation, and his successors and assigns if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarants rights wRh respect to such Lots. 1.6 'Improvement shall mean any structure, facility, system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to, buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.7 'Mortgage' shall mean and refer to any mortgage or deed of trust, and "Mortgagee' shall refer to the mortgagee or beneficiary under a deed of trust and °Mortgagor' shall refer to the mortgagor or grantor of a deed of trust. 1.8 'Owner' shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.9 'Plat' shall mean the recorded Plat of Kearney Place Subdivision and the recorded Plat of any other Properties annexed hereto. 1.10 "Property', 'Properties' or 'Project' shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this Declaration as more particularly provided for herein. 1.11 °Setback' means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot Ime. 1.12 'Unit shall mean one residence or dwelling which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Exterior Maintenance• Owner's Obli Ions. No improvements, including mail boxes and landscaping, shall be permitted to fall mto disrepair and each improvement shall at all times be kept in good condition and repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 2. FVS/slr/o3H 1/s2(KeameyDeclaratan) 2.2 Im~ovements Location tbacks). All dwellings constructed upon said Property shall conform to the setback restnctions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any Lot nearer than twenty (20) feet to the front Lot line; nearer than fifteen (15) feet to the rear Lot line. On corner Lots, the side yard shall be minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City Code. Construction of any residences in the Subdivision shall be .diligently pursued after commencement thereof, to be completed within twelve (12) months. 2.3 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.4 Land Use. Building Tvoe and Exce on. No Lot shall be used except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, an Owner will be allowed to conduct a "garage sale° upon such Owner's Lot. An Owner may on an occasional basis sell the young of any domestic pets which are otherwise authorized under this Declaration, provided, however, that nothing herein shall be deemed to authorize the approval of the operation of a commercial kennel or the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single family residential dwelling. 2.6.1 1=xceQtion. Declarant or Declarant's affiliate may continue to operate a nursery on any Lot or any portion of the Property owned by Declarant or Declarant's affiliate and may utilize streets within the Property to move, plant and relocate trees, shrubs and other nursery products. 2.5 Slze Limitations. All residential building Lots must have a main structure of not less than 1,300 square feet on the ground floor, exclusive of porches and garages, except two-story houses shall have not less than 800 square feet on each floor and tri-level houses shall have not less than a total of 1,600 square feet. Split- entryand spilt-level houses shall not be allowed. All houses shall have an enclosed attached garage which will hold no less than two cars which is not included in the minimum living area square footage. No residence shall be in excess of two stories above the ground. 2.5.1 Ex i n. The existing farmhouse and outbuildings located on the land immediately abutting the Property to the southwest shall be exempt from this and other provisions of this Declaration, should lt become subject to this or any supplemental declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 3. FVS/slr/03/11/s2(KeameyDeclaration) 2.6 TemRorary Structures. No improvements of temporary character, trailer, basement, tent, shack, garage, bam or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 Sians. No sign of any kind shall be displayed to the public view on any Lot except one sign of no more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property dunng the construction and sales period. 2.8 OII and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock or pouRry 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 they are not kept, bred or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. Owners are encouraged to place dog runs and kennels in rear yards. They shall only be permitted to be placed and maintained in rear or side yards and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules, except that dog runs and kennels may be placed within side and rear yard setback lines. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of property of others. Dogs shall not be allowed to run at large and must be leashed when outside any dwelling or fenced yard. No more than two (2) animals may be kept at one time, except that a Inter of young may be kept until eight (8) weeks old. 2.10 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained with the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Aesthetics. Roofs must be asphalt shingles or better. No gravel roofs, splk-entry or prebuilt homes will be allowed in the subdivision. Exterior colors shall be earth tones or other light colors. Bright or bold colors or very dark colors shall not be permitted. Some brick or stucco on the front exposure will be required. Bay windows, broken roof lines, gables, hip roofs, etc., are strongly encouraged. 2.12 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway 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. The same DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 4. Fvsisldai/tiis2(KeameyDeclaration) sight line limitation shall apply on any Lot within ten (10) feet from the intersection of a street Property line with the edge of the driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.13 Declarant's Riaht. Declarant reserves the right to construct residences and other improvements upon said Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.14 Boats. Campers and Other Vehicles. Parking of boats, trailers, motorcycles, trucks, motor homes, campers and like equipment, including any junk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on any part of the Property, nor on streets adjacent thereto or within the Property, excepting only within the confines of an enclosed garage, or other enclosure approved by the Committee, and no portion of same may project beyond the enclosed area. Notwithstanding the foregoing, any Owner or guest of any Owner may park a trailer, boat, motorhome or camper on a driveway or a public street in the Property for a maximum of three (3) consecutive days. The Committee shall be the sole and exclusive judge of approved parking. 2.15 Sewage Dlsoosal. No individual sewage disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and restricted by the following recorded Subdivision Covenants: 2.15.1 A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 2.15.2 Owner shall submft to inspection by either the Department of Public Works or the Department of Building Safety whenever a subdivided Lot is to be connected to the sewage system. 2.15.3 The Applicant/Owner of the Subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the Owner of the Premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. 2.15.4 The recording of this plat by Declarant shall be deemed and construed as a request for the annexation of its Property to the corporate limits of Meridian City. Such requests and consents shall be binding on all subsequent purchasers or Owners of Declarant's property. 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers or radio aerials shall be installed on the Property, other than within the interior of a Unit. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 5. FVS/slr/03/11/92(KeameyDeclaration) 2.18 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Wfthout limfting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrug or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Control Committee. Screened° is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. 2.19 Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permd such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.20 Reconstruction. In any case where it is necessary to reconstruct a Unit, said reconstruction shall be prosecuted diligently, continuously, and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.21 Prosecution of Construction Work. The construction of all dwelling houses and structures shall be prosecuted diligently, continuously and without delays from the time of commencement thereof until completion and painting. All structures shall be completed as to external appearance, including finish painting, within one (1) year from the date of commencement of construction, except as specifically provided for yards as set forth in Section 2.24. 2.22 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.23 Light, Sound -General. No light shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot which is unreasonably loud or annoying, and no odors shall lie emitted on any Property which are noxious or offensive to others. 2.24 Fences. Alt fences shall be of vertical cedar or equivalent design and construction. No chain link fences, grape stake fences or fences or basket-wave design shall be allowed, except that chain link fences may be installed along the drainage canal and the easement between emergency vehicle access bisecting Lots 2 and 3, Block 3. 2.25 Front and Side Yards. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be placed with sod within twenty-one (21) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 6. FVS/slr/03/11/s2(KearneyDeclaration) days of substantial completion, or occupancy. whichever shall first occur, or as soon thereafter as the weather permrts. All remammg portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within one (1) year of occupancy of the Unit. 2.26 No Dumoina. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written approval of Declarant or the Architectural Control Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. 2.27 Outbulldinas. Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of good quality building materials, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said Property and must be approved by the Architectural Control Committee. 2.28 irri ion. In accordance with the provisions of Idaho Code, Section 31- 3805, the Declarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchases acknowledges the following: 2.28.1 That irrigation water deliveries have not been provided. 2.28.2 That the Owner of the Lot must remain subject to ail assessments levied by the irrigation entity. 2.28.3 That the purchaser shall be responsible to pay such legal assessments. 2.28.4 That the assessments are a lien on the land within the irrigation entity. 2.29 Damage to Improvements. It shall be the responsibility of the builder of any residence of this Subdivision to leave the street, curbs, sidewalks, fences and tiled irrigation lines, utilities and all other improvements free of damage and in good and sound condition at the conclusion of the construction permit. Fine grading on each individual Lot shall be required to conform to FHA grading and drainage specifications. It shall be conclusively presumed that all such improvements are in good and sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance of by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Control Committee. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE 3.1 Architectural Control Committee. A committee of three (3) persons shall act as an Architectural Control Committee and shall, prior to any new construction DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 7. FVS/slr/03M~/s2(KeameyDeclaretion) in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located on said Property and shall tie allowed fifteen (15) days to review said plans, drawings and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by two members of the Committee, and their approval shall be construed as full compliance with the provisions of paragraph one (1) of the original Covenants. Said Committee shall have the sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Property without prior consent of said Committee. The Committee shall consist of the following: Daniel A. Wood, Dixie L. Wood and Brett Sullivan. A Committee member may participate in the Committee's decision regarding his own improvements on his own plans and spec'rfications. Notwithstanding any other provision to the contrary in this Declaration, a ma)ority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Neither the Committee, lts members nor Grantor shall incur any liability for any omission or act by any of the above-named parties under this Article 2 or in the enforcement of this Declaration. 3.2 Archltectural Control. No improvements which will be visible above the ground or which will ultimate affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property unless and until the building plans, specifications and plat plan have been reviewed in advance by the Architectural Control Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. The Committee may also consider whether the proposed structure and design shall be in harmony wlth the surroundings, the effect of the building or other structure or alterations therein as planned when viewed from the adjacent or neighboring property effect or impairment that said structure will have on the view of surrounding building sties, and any and all other factors which, in the Committee's opinion, shall affect the desirability of such Proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. This Declaration is not intended to serve as authority for the Committee to control the interior layout of design of buildings except to the extent incidentally necessltated by use and size requirements. 3.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals which shall be submitted in writing and contain plans and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 8. FVS/slr/03/11/92(K~meyDeclaratan) specifications submitted to k for its approval pursuant to this Declaration and in addition, shall have the right to inspect the construction of the improvements in progress to ensure their conformance with the plans approved by the Committee. The Committee shall have the power to determine and make, provide for and adopt rules to determine which types of improvements and whether such improvements satisfy the requirements imposed by this Declaration and are in harmony wdh the purpose of this Declaration. The Committee shall approve proposals submitted for its approval only if it determines that the construction, alterations or additions contemplated thereby and the locations indicated will not be detrimental to the appearance of any structure and the Property in general, and will be in harmony with the Property and surrounding structures. 3.3.1 Conditions on ARproval. The Committee may condition its approval upon such changes therein as it deems appropriate and may require submission of additional plans and specifications or other information before approving or disapproving any proposal submitted. 3.3.2 Detail of Plans. The Committee may in its sole discretion determine the level and nature of detail of plans and specifications submitted for its review as it deems proper, including without limitation, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans, specifications and additional information, the Committee may postpone review of any plans submitted for approval. 3.3.3 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the applicant at the address set forth in the application for approval within fifteen (15) days after the filing of all materials required by the Committee. The complete application, including any addtional materials and detailed plans requested by the Committee, shall be deemed approved unless written disapproval or requests for additional information shall have been mailed by the Committee or any member thereof to the Applicant within fifteen (15) da s after the date of filing of said materials with the Committee. Such fifteen (15~ day period shall only commence to run when the Committee has acknowledged in writing the acceptance of such application as complete. 3.3.4 Committee Office and Address. The Committee's office address and agent for purposes of submission of plans and additional material shall be Daniel A. Wood's. All plans and material shall be submitted to him personally or at the following address: 628 Lawndale, Meridian, Idaho 83642. 3.4 Meetings Of the Committee. The Committee shall meet from time to time as is necessary to perform its duties hereunder. The vote of any two members of the Committee, or the written consent of any two members of the Committee taken without a meeting, shall constitute an act of the Committee. 3.5 No Waiver of Fu ture Ap rp Ovals. The approval of the Committee of any proposals for any work done or proposed, or in connection with anyy other matter required in the approval and consent of the Committee, shall not be deemed to DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 9. FVS/slr/03/11/92(KearneyDeclaration) constitute a waiver of any right to withhold approval or consent as to any similar proposal subsequently or additionally submitted for approval or consent by that or any other applicant. 3.6 I~rR~ar_rien of Work At any time during construction or after completion of construction, the Committee or any member thereof may inspect the work and should the Committee determine that the work or improvements are not being made in conformance with the plans and specifications submitted to and approved by the Committee, may notify the applicant and demand that such improvements be constructed or reconstructed in accordance with the submitted plans and specifications. Should the applicant, the Owner or the applicant's or Owner's contractor fail to construct or reconstruct the improvements in accordance with the plans and specifications submitted within five (5) days after written notice of noncompliance by the Committee, the Committee may seek any judicial remedy at law or in equity, including a mandatory or affirmative injunction to require compliance with such plans and specifications, or this Declaration, and shall additionally be entitled to recover its reasonable attorneys fees and costs. 3.7 V r n The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any supplemental declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted, no violation of the restrictions contained in this Declaration or any supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all Sovernmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot setback lines or requirements imposed by the City of Meridian or any governmental authority. ARTICLE IV EASEMENTS 4.1 Malntenence 8nfl use EaS@mAm Between Wa11S aria rrvunnv w~oa. Whenever the wall of a structure or a fence constructed on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property line of such Lot, the Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3 feet for the property line) for purposes of maintaining and repairing such wall or fences and eaves or other overhangs, and the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 10. FVS/slr/03/17/sz(KeameyDeclaration) • Owner of such adjoining Lot is hereby granted an easement for landscaping purposes not including permanent structures) over and on the area, if any, lying between the ~roperty line and such structure or fence so long as such use does not cause damage to structure or fence. 4.2 Other Maintenance Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. 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 drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easements area of each Lot and all improvements in tt shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 4.3 S ial Emer n Ac E nt and M mt n n e w m nt. Lots 2 and 3, Block 3 are su ject to an Easement and Maintenance Agreement dated March _, 1992, between Gordon R. Wood and Margaret M. Wood and the City of Meridian, recorded as Instrument No. ,records of Ada County, Idaho (the "Special Easement"). This Special Easement provides for temporary emergency access from Dixie Lane to the Property along the common boundary between Lots 2 and 3, Block 3, and over lands currently not located in the Property owned by Gordon R. Wood and Margaret M. Wood to North Dixie Lane. Upon the City of Meridian's approval of another access to the Property as described in said Special Easement, the easement shall be vacated and the Owners of Lots 2 and 3, Block 3 and other lands over which the easement passes, shall be released from the easement and the duties imposed thereunder. 4.4 Lots 1 and 10, Block 1, and Lots 1 and 4, Block 2, are subject to a 20 foot wide storm water retention easement for the benefit of the Ada County Highway District as specified on the plat upon which is or shall be constructed a water retention basin. Such easements may be landscaped by the Declarant and Owner, except that no improvements shall be constructed or trees or shrubs planted on or within such easement which shall interfere with the purpose and operation of such basins and easements. The Owner of each Lot shall be responsible for maintaining, at his expense, the easement located on his Lot for the benefit of the Ada County Highway District. ARTICLE V GENERAL PROVISIONS 5.1 Enforcement. The Declarant or any Owner, or the Owner shall have the right to enforce by any proceeding at law or in equit)r, all restrictions, conditions, covenants, reservations, imposed by the provisions of this Declaration. Failure by the Declarant or an Owner to enforce any covenant or restriction herein contained shall in no way be deemed a waiver of the right to do so thereafter. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 11. FVS/slr/03/11/92(KeameyDeclaration) 5.2 Severebility. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 5.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 5.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term 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 an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by two-thirds (Z3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions may not be amended without the written consent and vote of the Grantor. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1992. D. W., INC., an Idaho corporation B Daniel A. Wood, President DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 12. Fvsistria~ivs2lKearneyDec~ara-ion) STATE OF IDAHO ) ss. County of Ada ) On this day of , 1992, before me, the undersigned, a notary public in and for said state, personal)y appeared DANIEL A. WOOD, known or identified to me to be the President of said D. y ., Inc., an Idaho corporation, whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said corporation and acknowledged that said corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above wr~ten. Notar Public for Idaho Residing at Boise, Idaho My Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 13. FVS/slr/o3/it/92(KearneyDeclaration)