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Meridian Place #3 Covenants~ . MERIDIAN CITY COUNCIL JUNE 2, 1992 PAGE 4 The Motion was made by Tolsma and seconded by Giesler to approve the preliminary plat on the Wait ley property. Motion Carried: All Yea: ITEM #5: COVENANTS ON MERIDIAN PLACE #3 SUBDIVISION: The Motion was made by Yerrington and seconded by Tolsma to approve the Covenants for Meridian Place #3 Subdivision. Motion Carried: All Yea: ITEM #6: KELTON NICHOLS, MERIDIAN SENIOR CITIZENS: Kelton Nichols: I'm here to present to you a plan that we have to do some remodeling in the near future. This is not a plan that has been approved by anyone. It uses all of our property that we have. It will be a one time deal and we need the space. There is a house to be moved and office buildings to be moved in order to put this into effect. The plan that we did have just covers about half of it, but when we go to do anything else there is a lot to be torn out and redone. Presented Council with a plan for remodel. We think that you people here and the people of the community should have a say in this building because your the ones that's going to inherit it down the road. We would like to have your input in it and we'd like to get your help to advertise and maybe help us put on some fund raisers. ITEM #7: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-termination hearing at 7:30 p. m., on June 2, 1992 before the Mayor and City Council, to appear in person to be judged on the facts and the claim made by the City that your water, sewer, trash bill is delinquent. You may retain Counsel. The service will be discontinued on June 10, 1992 unless payment is received in full. Is there anyone from the public who would like to contest their water, sewer, trash delinquency? No response. The Motion was made by Yerrington and seconded by Tolsma to approve of the turn off list. Motion Carried: All Yea: _~ MAY 28, 1992 MAYOR CWNCIL MEMBERS AT1C)RNEY CITY ENGINEER ATTACHED ARE THE COVENANTS FOR MERIDIAN PLACE SUB # 3, FOR YOUR REVIEW; THESE CWENANTS INCLUDE THE CHANGE REQ[JFSTID BY THE CITY ATTORNEY: THESE COVENANTS WILL BE ON THE COUNCIL AGENDA FOR JUNE 2, 1992: JACK NIEMANN CITY CLERK DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS MERIDIAN PLACE SUBDIVISION N0. III DATED: RECORDED: INSTRUMENT NO.: WHEREAS, E & E, 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 Meridian Place SubdivisionNo. III. WHEREAS, Meridian Place Subdivision No. III 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, thQ Declarant does hereby declare that the following Protective Covenants, Conditions and Restrictions: I. Shall become and are hereby made a part of all conveyances of all lots within the plat of Meridian Place Subdivision No. III, recorded on the _ day of 1992, in Book of Plats at Pages of the records of Ada County, State of Idaho; 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 InitialDevelopment Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Meridian Place Subdivision No. III. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lotin said subdivision with less than: I. 1,000 to 1,099 square feet = 2 lots 2. I, 100 to 1,199 square feet = 6 lots 3. 1,200 to 1,299 square feet = 14 lots 4. Duplex = 6 lots S. 1,300 and up square feet = 13 lots Houses of a larger size may be constructed on the above lots and the above are only minimum restrictions. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinancgs 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 (IS) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or 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 surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Irrigation 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 purchaser acknowledges the following: a) that irrigation water deliveries have not been provided; b) that the owner of the lot must remain subject to all assessments Levied by the irrigation entity; c) that the purchaser shall be responsible to pay such legal assessments; d) that the assessments are a lien on the land within the irrigation entity. Fences 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 project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activit No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parkin Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of, said property nor on public ways adjacent thereto excepting only within the confines of a privacy fence or storage structure. Animals No animals, livestock or kept on any lot except provided they are not k purposes and provided owners property boundary poultry of any kind shall be raised, bred or that a total of two household pets may be kept 'pt, bred. or maintained for any commercial they are kept on a leash when outside their lines. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, 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 public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion 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 grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion_ Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupance thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. Antennas and Service Facilities Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in front of said lot. 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 approved by the Architectural Control Committee and include a map depicting the plan of such items. - Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three C3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a 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. Water Supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply shall be permitted on any residential lot subject to approval of the Architectural Control. Committee and all city, county, state, or Federal regulations pertaining to irrigation water supplies. Yard Lights Upon completion 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) foot height, equipped with an electric eye for automatic on/off operation. The location and type of yard light shall be shown on all plans 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 residence's electrical breaker panel and shall comply with the National Electric Code. If the Lot owners desire other street lighting, the cost thereof shall be the responsibility of the lot owners. D. ARCHITECTURAL CONTROL COMMITTEE Membership: Appointment and Removal 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 any time and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarant's sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Meridian Place Subdivision No. III. Action Except as otherwise provided herein, any one member of the Architectural Control Committee shall 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. Approval_of Plans by Architectural Control Committee 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 to quality 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. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage., loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver 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 Term These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of 517 of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by anyproceedings at law or in equity and shall be reimbursed for costs and attorney's fees, 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 no event be deemed a waiver of the right to do so thereafter. Severabili~ Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Effect of Breach 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 lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title. thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated by Grantor by recordation of a written instrument setting, forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. E & E, GENERAL PARTNERSHIP 1500 Eldorado, Suite fl4 Boise, Idaho 83704 Sara L. Ewin-- n R. Ewing State of Idaho ) ss County of Ada ) Subscribed and sworn before me this ~~_ day of ~~~___ 1992. My commission expires November 14, 1994