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