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
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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
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