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Parkwood Meadows Subdivision #1 FP
MERIDIAN CITY COUNCIL NOVEMBER 4, 1992 PAGE 2 ITEM #3: PRELIMINARY PLAT ON PARKWOOD MEADOWS SUBDIVISION: TABLED AT LAST MEETING: PLAT HAS BEEN REVISED: The Motion was made by Giesler and seconded by Tolsma to approve the preliminary plat on Parkwood Meadows Subdivision with the revisions made to adjust the culdesac length conformative with our Ordinance. Motion Carried: All Yea: ITEM #4: FINAL PLAT ON PHASE I OF PARKWOOD MEADOWS SUBDIVISION: TABLED AT LAST MEETING: The Motion was made by Tolsma and seconded by Yerrington to approve the final plat on Parkwood Meadows Subdivision. Motion Carried: All Yea: ITEM #5: FINAL PLAT ON STRATE SUBDIVISION: The Motion was made by Corrie and seconded by Giesler to approve the final plat on Strate Subdivision conditioned upon City Engineer's comments being met. Motion Carried: All Yea: ITEM #6: COVENANTS ON STRATE SUBDIVISION: Kingsford: Counselor, any comments on those? Crookston: Yes. There's just some language questions that I have that are probably better addressed with the developer. In Article C they say that "all residential buildings erected upon said property shall have a minimum floor area as designated on the official plat." Normally they aren't designated on the plat unless their variable sized homes. My questions is whether or not they are shown on the plat? Clerk Niemann: They are. Crookston: Just a comment, on page 3 under general appearance and neatness of the property talking about recreational vehicles not being able to be parked on the street or in the setback, they have "recreational vehicles shall include but not limited to Mayor MEMORANDUM October 29, 1992 TO: MAYOR, CITY COUNCIL FROM: GARY D. SMITH, P. E. RE: PARHWOOD MEADOWS -SUBDIVI ION NO. 1 (FINAL PLAT — RE -SUBMITTAL) This submittal has been review and the fallowing comments are presented for :your considerationduring the hearing process as conditions of the applicant: 1. Supply a letter with a statement of conformance with the approved preliminary plat, and meeting all the requirements or conditions thereof:, and 'a statement of conformance with all the requirements' and provisions of the Subdivision Ordinances. 2. "West Ceder Ridge Street" as shown on the final plat is a duplication as per the Ada County Street Name Committee. Please choose a replacement name that is approved by the Street Name Committee. 3. Execute the Certificate, of Owners and the accompanying acknowledgement. 4. Land Surveyor needs to stamp and sign Sheet No. 1 of the plat and the Certificate of Surveyor on Sheet No. 2. 5. Add the name "Candlelight Subdivision" to the plat, north of Nine Mile Creek, as an adjacent platted subdivision. 6. Revise note number 4 on the plat to read; Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of resubdivision, or as allowed by Conditional Use. • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK EMAN N.City Clerk N EMANN. CityTreasurer CITY OF MERIDIAN COUNCILMEN RAaaER JACK BRUCE D. STUART. Water Works Supt. GIESLERA WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YER RINGTON NGTON EARL WARD, Water MERIDIAN, IDAHO 83642 ROBERT D. CORRE RS, F ChiefSupt. KENNY BOWERS. Firs Chief Chairman Zoning 8 Planning BILL GORDON. Police Chief Phone(208)888-4433 JIMJOHNSON GARY SMITH, City Engineer FAX (208) 8874813 Centennial Coominator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM October 29, 1992 TO: MAYOR, CITY COUNCIL FROM: GARY D. SMITH, P. E. RE: PARHWOOD MEADOWS -SUBDIVI ION NO. 1 (FINAL PLAT — RE -SUBMITTAL) This submittal has been review and the fallowing comments are presented for :your considerationduring the hearing process as conditions of the applicant: 1. Supply a letter with a statement of conformance with the approved preliminary plat, and meeting all the requirements or conditions thereof:, and 'a statement of conformance with all the requirements' and provisions of the Subdivision Ordinances. 2. "West Ceder Ridge Street" as shown on the final plat is a duplication as per the Ada County Street Name Committee. Please choose a replacement name that is approved by the Street Name Committee. 3. Execute the Certificate, of Owners and the accompanying acknowledgement. 4. Land Surveyor needs to stamp and sign Sheet No. 1 of the plat and the Certificate of Surveyor on Sheet No. 2. 5. Add the name "Candlelight Subdivision" to the plat, north of Nine Mile Creek, as an adjacent platted subdivision. 6. Revise note number 4 on the plat to read; Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of resubdivision, or as allowed by Conditional Use. 0 0 7. Add the following notes to Sheet No. 1 of the plat: 7) Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district. 8. Lot 14, Block 1 is a non—buildable lot. This lot is for emergency vehicle access, and maintenance of the sewer main which passes through it. This lot shall be maintained by the Home Owners Association. 0 COMMENTS 0 PARKWOOD MEADOWS SUB: FINAL PLAT PHASE # I 1: CENTRAL DISTRICT HEALTH: CAN APPROVE W/CENTRAL WATER & SEWER: 2: SCHOOL DIST: SEE ATTACHED LETTER: 3: CITY ENGINEER: SEE ATTACHED COMMENTS: 4: FIRE DEPT: MERIDIAN FIRE DEPT HAS ONLY ONE ENTRANCE & EXIT 5: POLICE DEPT: NO OBJECTIONS: SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTOR OF PERSONNEL Christine Donnell DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 PHONE(208)888-6701 October 7, 1992 Meridian Planning & Zoning 33 East Idaho Street Meridian, Idaho 83642 Re: Parkwood Meadows Subdivision Dear Councilmen: I have reviewed the preliminary plans for Parkwood Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, Deputy Superintendent DM: gr OFFICIALS JACK NIEMAN N, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer • HUB TREASURE • OF VALLEY A Good Place to Live COUNCILMEN CITY OF MERIDIAN RRONALD R. OBERT GIES ERA 33 EAST IDAHO MA NGTON EFIT D. ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning Phone(208)888-4433 JIM JOHNSON FAX (208) 8874813 Centennial Cowdinnor GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM TO: MAYOR, CITY COUNCIL FROM: GARY D. SMITH -P'. RE: (FI I have reviewer for your conji of the appliq&T1 ti 1. Supply approved'^,,V- or condif'>,f all the Ordinances 2. DIOL8ION NO. 'I. )1 this subtitt4ll der4tioft rang t letter , f,fftr,ua �s relim#nyk;pla, ons ttexa#,bpd r^equiy ments and A> "West Ceder' 't-reet" as duplication as -6eru�'the id Please choose a t^Eparem Street Name Committee."' - 3. Execute the Certificate acknowledgement. October 14, 1992 d have the following comments harir process as conditions teeent, of conf%ormance with the d meeting all,,` the requirements ,,.stat=ement of conformance with provisions of the Subdivision shown on the final plat, is a Courxty'Street Name Committee. natile''and get it approved by the of Owners and the accompanying 4. Land Surveyor to stamp and sign both the front page of the plat, and the Certificate of Surveyor. 5. Add the name "Candlelight Subdivision" to the plat, north of Nine Mile Creek as an adjacent platted subdivision. 6. Revise note number 4 on the plat to read; Any resubdivision of this plat shall comply with the applicable zoning regulations in effect at the time of resubdivision, or as allowed by Conditional Use. 7. Rdd the following note to the plat: 0 7) Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district. a. The relocation of the Mirage Court culdesac to Fieldstream Drive needs to be resolved to promote location of sewer lines in public right of ways. H yn cCyzn QK [� n H r QQ W Ff H �CQ7 z E H r m K 8 H � H F- K N H S. • m z �yI I� �3yI�OIo) HI 14 A r z N C X m rn 2 � n H I I I n � Z Z b c�S CTJ H � O H p fn ro n � H v yH Z fn m ovo R+ Y CA •ro9 M H H m ro t2i •y 3 O ro Q' H O m a+ ro r r v H r gN � H ro Z � 3 H H O z K K H ro b H z �yI I� �3yI�OIo) HI 14 A r z N C X m rn 2 � n I I I I n Z Z b c�S m H O 04 r m ►� m N ro n � H v yH Z fn m ovo R+ m� S ro H '8 n Z ve m z �yI I� �3yI�OIo) HI 14 A r z N C X m rn 2 � n 3 m H m N o v 7C ro fn m [" o ro t2i •y H m IHTJ H rn H� C' N X too w cn mrr �+ r r �i ro o m K H° ri m z 3 ZH i y yy � m C� 4 ,np7 a� 3 HM3 91C, O '5Q7 Z yyy H [z] 3 7 rroi 1-4 ? Z 3 S r Z H 0 zH$ H ro Q7 z~z ro 3 H v K £ H � � Z a+ 3 H r w C � � S N H m � o N (] hi N H rQ N GCS HH Q � C+] �y--����iii �j •• i"� Cly LTJ `� Z x Z z 1V/��1 H to hJ ;O C U1 H '�zJ (A ON N [C� O tro-� tCS r Z in In ul H H Lo � m �q ail E � q REVIEW SHEET Rezone # Plat Cr CENTRAL DISTRICT HEALTH Return to: Boise Eagle Garden City Meridian Kuna ACZ 15-J15 ❑ 1. We have no objections to this proposal. ❑ 2. We recommend denial of this proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ❑ 4. We will require more data concerning soil conditions on this proposal before we can comment. ❑ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet 4 feet © 7 ❑ 12. ❑ 13. After written approval from appropriate entities are submitted, we can approve this proposal for: Central sewage ❑ Community sewage system ❑ Community water well ❑ Interim sewage Central water ❑ Individual sewage ❑ Individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: sewage ❑ Community sewage system❑ Community water Ocentral Sewage dry lines Central wathr Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined 0 other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ❑ Food establishment ❑ ❑ Beverage establishment ❑ Swimming pools or spas Grocery store ❑ Child Care Center DATE: �� Reviewed by: cDHD 10-91 rCb ENrlN .�F.,�. HUBBLI ENGINEERING, INC. ,r�(/i J�yl 7025 Emerald • Suite 200 • Boise, Idaho 83704 (208) 322-8992 • Fax (208) 378-0329 TRANSMITTAL LETTER 44 Attn: DATE: q- )V `%2i Job No.: Project: WE ARE SENDING YOU: As Requested '�ached _ Under Separate Cover, Via FOR YOUR: _ Use_ Record Information ::-14viewand Comment _ Bidding _ Cost Estimating _ THE FOLLOWING: Prints _ Plans _ Specifications _ Shop Drawings _ Samples _ Copy of Letter _ Copies Date Sheet No. Description REMARKS: JX D � (//� � ��� /yip � � � ���}{//}�/( J WL/"` ; IIS .� ` S� }/ ` _ _ _ _ 0 Ful V✓ V iI _`�t�I��JIcM/`.�"`1�ynrv�""`�- Copy To: _ With End. With Encl. _ With End. 0 w m 4 N 3 O z alUV IdNn S'La•� b O- / J ; a O y Ii ' 1 \ o I ® I ® i I�IL 1 ■ ,1 1 'a? y' vv y ,vm acv m I .b g OVOY 311A NU 'N N R b «G: !d G W, E REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:06 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Q,41LK\V00D rYl EA{bw5 SLM.no. I 1. Name of Annexation and Subdivision, toRYne_g, v IEa STR�am SIAM. 2. General Location, _l.)UJ�/4 r(o.1 22., -r R.IW. I YYl 3. Owners of record, CT. L. VCS Address,}•017OX 20qq I !),Zip�Q Telephone52`f-&0oO 4. Applicant,:�-dYr1!✓ Address, 5. Engineer, C- M gj(tl Firm 4")r Addressle!60 fyL.its p CV -0— 805'�Zipj3MJTelephone_32.1_— tFjg3 6. Name and address to receive City billings: Name_{/WV1_� Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres—,--/ - ! 3 2. Number of lots 3. Lots per acre 3.22 4. Density per acre 3•L7i 5. Zoning Classification(s) 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification OA - 7. Does the plat border a potential green belt NUde M& C 9k. 8. Have recreational easements been provided for K)O 9. Are there proposed recreational amenities to the City�)o _ Explain 10. Are there proposed dedications of common areas?NP,-, Explain�R�.`./C�/ For future parks? NQ Explain 11. What school(s) service the area rnj�airn af--) do you propose any agreements for future school sites rJ n 12. Other proposed amenities to the City ./ Water Supply Fire Department [ _ �r , Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) 22---�-tt1EJg3AV 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other -541naP� fes,,, - a 15. Proposed Development features: a. Minimum square footage of lot(s), Ima SGZ_ b. Minimum square footage of structure(s)_��✓d© c. Are garages provides for, Y�f� square footage_ d. Are other coverings provided for tj D e. Landscaping has been provided for J , Describe (2) 0 0 f. Trees will be provided for `' Trees will be maintained 6^fta' 1 g. Sprinkler systems are provided for Up h. Are there multiple units Type remarks rd2sda�- 2- i. Are there special set back requirements P Explain j. Has off street parking been provided for t -)C) ,Explain k. Value range of propertytI52:;�(X96 41 VA(MI2, 1. Type of financing for development �M M. Protective covenants were submitted ,Date 16. Does the proposal land lock other property IJP Does it create Enclaves 1--C) STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) • HUBBLE ENGINEERING, INC. 9550 Bethel Court • Boise, Idaho 83709 • `DK 208/322-8992 ■ Fax 208/378-0329 Project No. 92093 9/21/92 DESCRIPTION FOR PARKWOOD MEADOWS SUBDIVISION NO. 1 A PORTION OF THE SWI/4, NW1/4, SECTION 2, T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SW1/4 of the NW1/4 of Section 2, T.3N., RAW., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 3 and the said Section 2; thence North 0024'20" East (formerly described as North 0°03'26" West) 1,325.93 feet along the Westerly boundary of the said NW1/4 of Section 2, which is also along the centerline of North Ten Mile Road, to a brass cap marking the Northwest corner of the said NWI/4 of the NW1/4 of Section 2; thence South 89016'35" East 45.00 feet along the Northerly boundary of the said SWI/4 of the NW1/4 of Section 2, which is also along a line 26.50 feet Southerly of and parallel with the centerline of Nine Mile Creek, to a 2 -inch pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins; continuing South 89016'35" East 656.44 feet along the said Northerly boundary of the SW1/4 of the NW1/4 of Section 2; thence South 29014'10" East 170.50 feet; thence South 29038'30" East 50.00 feet; thence South 24044'40" East 110.58 feet; thence South 52010'30" West 70.00 feet; thence South 5°30'40" East 50.47 feet; Parkwood Meadows Sub. No. 1 Page 1 of 2 0 Project No. 92093 thence South 004324" West 160.00 feet; thence North 89016'36" West 433.87 feet; thence North 004324" East 10.00 feet; thence North 89016'36" West 80.00 feet; thence South 0°4324" West 10.00 feet; 0 9/21/92 thence North 89016'36" West 293.25 feet to a point on the said Westerly boundary of the NW1/4 of Section 2; thence North 0°24'20" East 544.50 feet along the said Westerly boundary of the NW1/4 of Section 2; thence South 89016'35' East 45.00 feet along the said Northerly boundary of the SW1/4 of the NW1/4 of Section 2 to the point of beginning, comprising 9.93 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. E E 4431 o O OF �p lFRRY Vt D. Terry Peugh, L.S. DAT/DTP/G LR/dkg/303. des Parkwood Meadows Sub. No. 1 Page 2 of 2 FAN, IONIAN, Ir IlmIlwIJMZ1 I I a6•`10 Pp�rCK�uv�D NFa.vct�Vs willillo$ a� a Rig, Ini ■ ;Pji Yy 4p�3Qu Ah rm (N. 0.OY36: W ) ... __. / q. N. TENM ROAD UNPLAflED r 4 I ® I o� lotg gE I 00 I .A Z —" � O =c Qz zo z (0 C� > A N O oz O e\OZI I I ZCOZ� OI k o� lotg gE 00 .A Z —" • O =c Qz zo z (0 C� > A N O oz O e\OZI n ZCOZ� OI = Nob O M i O Z V r j V N lotg gE 00 i $ N E" FE " 8 r N H No y N N C fn H LTJ [CA v '•J p Z N [q L73 K K C vj N r N r MERIDIAN CITY COUNCIL DECEMBER 1, 1992 PAGE 2 The Motion was made by Tolsma and seconded by Corrie that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #594 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Absent; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #3: COVENANTS ON PARKWOOD SUBDIVISION: The Motion was made by Tolsma and seconded by Corrie to approve the covenants on Parkwood Subdivision conditioned upon the Engineer and Attorney's comments being met. Motion Carried: ITEM #4: DELINQUENCIES: All Yea: PRE -TERMINATION HEARING: WATER/SEWER/TRASH Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre -determination hearing at 7:30 P.M. 12/01/92 before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued 12/16/92 unless paid in full. Is there anyone from the public that would like to contest their water, sewer and trash delinquency? No response. The Motion was made by Yerrington and seconded by Tolsma to approve 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. Service will be discontinued on December 16, 1992 unless payment is received in full. The amount of the turn off list for this month is $14,954.52. CqW CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE* 1455 N. ORCHARD• BOISE, IDAHO83706e(208) 375-5211 92-635 December 2, 1992 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: Parkwood Meadows No. 1 Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and can approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 2, 1992. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, L.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian G.L. Voigt Hubble Engineering TS: ch Serving Ada e,•:se, E -re, a d Vzlev Ca^t'es Ada / Boise County Office Elmore County Office Elmore County Office Valley County Office '.95 N. Curd SL Sr E 9* Street N. of Environmental Health P.O. Box 1448 Boise, A. 83706 Mounan Home. Z. 190 S. ed: StreetE MCC&", 10.83538 Nursing: 37">5211 83647 Ph. 5874407 Mountain Home, ID. Ph. 6347194 Emironmental 88647 Ph. 587-9225 Heaeh: 3ir230 November 16, 1992 MAYOR COUNCIL MEMBERS ATIDRNEX ENGINEER I/64;A I ATTACHED AT THE COVENANTS ON PARKWOOD SUBDIVISION FOR YOUR REVIEW: THESE WILL BE ON THE COUNCIL AGENDA FOR DECEMBER 1, 1992: JACK NIEMANN CITY CLERK t. Page, �- paragvtph 2.13.4— (Does wo+ Sutm +o apply b tt" s<et►oVl Z.11 4i•ited "Stwoolt 0;ap)S*A,? al-1kowgh i+ is shown 4-S w swbscciwr% 4,ktrtib. Also, i+ docs»+ scow. +0 4x 4plowpvist4c as •iso How processiNq of 540tivisions •Fakes place, in Wleridlah• 1. Pagc (o — PmgyRph 2.14 — I10 'tH-Q- pla%+►Kq Stiall lye allowed wi4+C'l'lr 30 �oof "sigh+ }-riangk." 3. page 8-4- ppya9rapk Z•24— "Fences:" — Typicw4ly if w knee is cons+►'no" wi i4.�. a fjtAK K ab Yttclerwnhen P -Mm & a hienae agramewt wt+'wk thew.isvt4uirtd. Docs thls aimm"+ grist 7 ¢. palt Lb — nal�gvRpti 5.l — Mcmbrna °b jiL Arn-A;4ech4va.l Ces"Mi4itt w1a fo be 11544A --KOV 30 '92 15:35 FROM 11 PRGE.001 Mow: qW 3W4QW Twin Faft OW 7344M6 Fax: 878-0329 November 80, 3,992 Dat: Tortin Nubble Mgineerinq, Inc. 7025 West Emerald Boise, ID $3704 Re: Parkwood Meadows Subdivision No. 1 Dear Dan: Piot. am 3!5.9599 Attached is the revised version of page 9 of the 'Protective Covenants for Parkwood Meadows subdivision. You will note that the provision pertaining to fences and encroachments on the Nampa i Meridian Irrigation Distriatre richt-of-sway for Nine Mile Drain has boon revived to make it harmcnicus with the license agreement. with best WIXWW, I am, JTJJtg Attaohae t �NOV 30 192 15:36 FROM 11 PAGE.002 y NOV--30-1992 12:06 a JIM JONES TO • 3780329 P.02 leo fence or encroachment may be placed by or On DOU91C Oi a Lot Owner in the Bins Mils Drain right -at -way without pprrior permission being obtained by said owner from 900Qa 6 Nsrtdi M Irrigation District in such form as said District may r*V:Lra. a.as #t]3L caitians. ell covenants, conditions and restrictions and other matters set forth On all Plato are hereby incorporated by this reference and notice is hsrsby given as to the same. 2.26b=1 89d lift• The front yard at each Lot and the sides yard O any Lot lldiok is adjacent to a street wast be planted with sod withintwanty�Ome (21) days Of substantial completion, or Occupancy, whichever shall first occur, or as Boost thereafter as the weather parmits. All remaining portions of the yaz*- aro& of each tot must be planted with sod, seeded andjor landscapedw within six (6) months of oy o! tae unit. The failure or the owner to timely comply wi�h this paragraph shall constitute a failure to perform exterior maintsnanaa and the association and/or the Srsub r shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. 1.17 8n n=4aff. so excavation material, grass or yard clippings, rubbish, trash, garbogo, refuse or debris shall be placed or allowed to retain an a�y vacant Or unimproved Lot, without the prior written At>pr'O�al of the Declarant or the Arohiteatasal committee. lib discharge shall be bads into Mins Mile Drain. Tea owner Of any Lot who dawpa such material or wales a disaharas into said Drain shall be liable for the Cleasn>!� and/or removal costs. 9.1 $m dii14�.4 =• The Parkwood nesdows Homeowners Aesociatimn (dss)aaatsoa^) is an Idaho corporation formed under the provisions of the Idaho Nonprofit corporation Act and shall be charged with tea duties and invested with the powers prwaaribad by lav and met forth in its Articles and Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any rose=, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.2 l BbiD. Mach Owner Of a Lot snbjeCt to this Declaration (includim the DQc1*x4nt) s maisttrtvirtues or being snap an owner and for so long as suds owaasah�pinad, shall be a Member of the Association, and no Owner snail have more than one (1) membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor -in -interest of the Owner, and all ssabsrsls ps in the Association shall i» ** TOTAL PAGE.002 ** 0 1.14 "Lot" shall mean and refer to a Building Lot. 1.15 "Member" shall mean each person or entity holding a membership in the Association. 1.16 "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. 1.17 "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 Property, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation. 1.18 "Plat" shall mean the recorded Plat of Parkwood Meadows Subdivision No. 1 and the recorded Plat of any other Properties annexed hereto. 1.19 "Properties" or "Property" 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. 1.20 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS CONDITIONS AND RESTRICTIONS 2.1 Land Use and Buildina Type. 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. _ otwithstanding the foregoing, the Board may, in its discretion nd upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or /j permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential U welling. 2.2.1 Size Limitations. Split. level and two (2) P „� story Units shall have not less than 1500 square feet /Y^V9y,J of interior floor area, exclusive of porches and garages. Single -level Units shall have not less than 1350 square feet of interior floor area on the ground iYI - 3 - 0 0 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. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such facilities be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. ✓' 2.10 Garages 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 within 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 Water Supply. No individual domestic or irrigation water supply system shall be permitted on any Lot. Said Property has no irrigation water or water rights appurtenant thereto and all watering and irrigation shall be accomplished by use of metered municipal supply. 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within the Property. 2.12.3 The applicant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or any part thereof for the collection of any charges herein stated. 2.13.4 The recording of the plat by Developer 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 Developer's property. 2.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations - 6 - (3% C3) between tiro ---{2) and s -ix -W 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 (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 limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of 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. 2.14 Declarant's Rictht. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boats. Campers and Other Vehicles. No boats, railers, tractors, recreational vehicles (i.e., any trailers, ampers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non -working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner 91y U" approved, in writing, by the Architectural Committee. / Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order which does not exceed the following dimensions may be stored on the side yard of a Lot between front and rear yard setbacks if screened by a six foot (61) fence: eight (8) feet wide, twenty- seven (27) feet long and ten (10) feet high. Provided, however, C�lsuch storage may notbe located adjacent to the street on a corner Lot gw�mus� w ,,. �, kw_�" I 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. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit or Lot which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property and no open fires shall be lighted or permitted on any property except in a self-contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed - 7 - 0 0 interior fireplace, except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsicrhtly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting 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, shrub 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 Committee. / "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. �i 2.20 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 be emitted on rJ �fy-( any property which are noxious or offensive to others. ✓' 2.21 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 permit 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. 2.22 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 any such cause continues. 2.23 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. 2.24 Fences. All fences shall be of vertical cedar design _t�-41�and construction. No chain-link fences, grape stake fences or fences of basket -weave design shall be allowed. Side fences on corner lots may extend only from the rear Lot line to rear line of the residence. No fence shall exceed six (6) feet in height. - 8 - 9 0 November 16, 1992 MAYOR COUNCIL MEMBERS ATTORNEY ENGINEER ATTACHED AT THE COVENANTS ON PARKWOOD SUBDIVISION FOR YOUR REVIEW: THESE WILL BE ON THE COUNCIL AGENDA FOR DECEMBER 1, 1992: JACK NIEMANN CITY CLERK 0 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKWOOD MEADOWS SUBDIVISION THIS DECLARATION is made effective on the day of November, 1992, by GARY L. VOIGT, hereinafter referred to as "Declarant" or "Grantor". 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: Parkwood Meadows Subdivision No. 1, a portion of the SW; of the NW; of Section 2, Township 3 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, according to the official plat thereof recorded as Instrument No. , records of Ada County. NOW, THEREFORE, Declarant/Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or 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 and by any 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 carry out and complete the development of the Property and to construct improvements thereon, nor 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 Incorporation of the Association. - 1 - 0 0 1.2 "Assessments" shall mean those payments required of Owners and Association Members including regular, special and limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to Parkwood Meadows Homeowners Association, Inc., a non-profit Idaho corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon and use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article V hereof. 1.10 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.11 "Declarant" shall mean and refer to Gary L. Voigt 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 Declarant's rights with respect to such Lots. 1.12 "Grantor" shall mean and refer to the Declarant. 1.13 "Improvement" shall mean any structure, facility or 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. - 2 - 0 0 1.14 "Lot" shall mean and refer to a Building Lot. 1.15 "Member" shall mean each person or entity holding a membership in the Association. 1.16 "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. 1.17 "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 Property, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation. 1.18 "Plat" shall mean the recorded Plat of Parkwood Meadows Subdivision No. 1 and the recorded Plat of any other Properties annexed hereto. 1.19 "Properties" or "Property" 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. 1.20 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Land Use and Building Type. 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, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Ownerfs 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. 2.2.1 Size Limitations. Split level and two (2) story Units shall have not less than 1500 square feet of interior floor area, exclusive of porches and garages. Single -level Units shall have not less than 1350 square feet of interior floor area on the ground - 3 - 0 0 floor of the main structure, exclusive of porches and garages. No Unit higher than split level or two (2) story shall be permitted. 2.1.2 Garaaes. Each Unit constructed on the Property shall include at least a two (2) car, enclosed garage as an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved, in writing, by the Architectural Committee. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered on the Property, including without limitation, change of exterior colors or materials, unless and until the building or other plans, specifications, and plot plan have been reviewed in advance by the Architectural 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 Architectural Committee, in its reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance: Owners Obligations. No improve- ments, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement, including trees and landscaping, that is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or to cause damage to Property or facilities on or adjoining their Lot that is the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work - 4 - 0 0 within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. 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 thereof within ninety (90) days of such damage or destruction. If, after ninety (90) days, the repair, restoration or reconstruction of such damaged or destroyed improvements has not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon said Owner's Lot for the purpose of doing so and such owner shall bear all costs incurred by the Association and the Association shall have the lien rights set forth above to enforce payment of the same. 2.4 Improvements Location. No improvements shall be constructed in violation of setback requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 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. 2.6 Temporary Structures. No improvements of a temporary character and no trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7. Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not 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 during the construction and sales period. 2.8 oil 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 or otherwise shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept - 5 - 9 0 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. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings 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. 2.10 Garages and Refuse DiSROsal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within 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 Water Supply. No individual domestic or irrigation water supply system shall be permitted on any Lot. Said Property has no irrigation water or water rights appurtenant thereto and all watering and irrigation shall be accomplished by use of metered municipal supply. 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within the Property. 2.12.3 The applicant/owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or any part thereof for the collection of any charges herein stated. 2.13.4 The recording of the plat by Developer 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 Developer's property. at I terse i s. No fence, wall, 2.13 i ht istance lines at elevations hedge or shrub planting which obstructs sight - 6 - 0 9 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 (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 limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of 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. 2.14 Declarant's Richt. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boats. Campers and Other Vehicles. No boats, trailers, tractors, recreational vehicles (i.e., any trailers, campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non -working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order which does not exceed the following dimensions may be stored on the side yard of a Lot between front and rear yard setbacks if screened by a six foot (61) fence: eight (8) feet wide, twenty- seven (27) feet long and ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 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. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit or Lot which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property and no open fires shall be lighted or permitted on any property except in a self-contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed - 7 - interior fireplace, except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting 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, shrub 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 Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. 2.20 Licht, 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 be emitted on any property which are noxious or offensive to others. 2.21 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 permit 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. 2.22 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 any such cause continues. 2.23 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. 2.24 Fences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or fences of basket -weave design shall be allowed. Side fences on corner lots may extend only from the rear Lot line to rear line of the residence. No fence shall exceed six (6) feet in height. - 8 - 0 0 All Lots abutting or located along Nine Mile Creek (on the North boundary of the Subdivision) shall have a fence constructed on and along the entire North boundary line of said Lot, said fence to be completed prior to initial occupancy of any house located on said Lot. All such fences shall be continuously maintained in good repair and order. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by this reference and notice is hereby given as to the same. 2.26 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 planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within six (6) months of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. 2.27 No Dumping. 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 the Declarant or the Architectural Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. ARTICLE III pARxwooD MEADOWS HOMEOWNERS ASSOCIATION 3.1 Organization of Association. The Parkwood Meadows Homeowners Association ("Association") is an Idaho corporation formed under the provisions of the Idaho Nonprofit Corporation Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in its Articles and Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.2 Membership. Each Owner of a Lot subject to this Declaration (including the Declarant), by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one (1) membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor -in -interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 3.3 Votin . The Association will have two (2) classes of voting memberships. 3.3.1. Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 3.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to Class A membership on January 1, 2000, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 3.4. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 3.5 Powers and Duties of the Association. 3.5.1 Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, including the following: 3.5.1.1 Assessments. The power to levy assessments (annual, special and limited) on the Owners of Lots and to enforce payment of such assessments, all in accordance with the provisions of this Declaration. - 10 - 0 0 3.5.1.2. Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions thereof. 3.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers and employees, or to appoint any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power to be delegated. 3.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). 3.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 3.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 3.5.2.5 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: 3.5.2.5.2 Full coverage directors and officers liability insurance with a limit of 0 0 Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 3.5.2.5.3 Such other insurance, including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws, and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 3.5.2.5.4 The Association shall be deemed trustee of the interests of all Members of the Association for any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 3.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 3.5.2.6 Rule Making. Make, establish, promulgate, amend and repeal the Association Rules. 3.5.2.7 Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 3.5.2.8 Drainage Systems. Operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 3.5.2.9 Right of Way Maintenance. Maintain, repair and replace any landscaping, fencing, or other improvements located on or within the Properties as the Board deems necessary or appropriate. 3.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 3.5.2.11 Subdivision Anoroval Resoonsibil ties. Per- form all continuing duties and responsibilities imposed - 12 - upon the Grantor pursuant to any governmental approvals relating to the Property, including without limitation, those set forth in the preliminary plat approval for the Subdivision. 3.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. MZW�}+L�E�P7 COVENANT FOR MAINTENANCE AND ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association; 4.1.1 Annual regular Assessments or charges. 4.1.2 Special Assessments for capital improvements, such Assessments to be established and collected as hereinafter provided; and 4.1.3 Limited Assessments as hereinafter provided. The regular, special and limited Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment is made. Each such Assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor in title unless expressly assumed by them. 4.2 Purpose of Assessments. 4.2.1 Regular Assessments. The regular Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the - 13 - 0 0 improvement and maintenance of any landscaped areas maintained by the Association, to pay property taxes and other assessments, and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties and business of the Association. 4.2.2 Special Assessments for Capital Improvements. In addition to the annual regular Assessments authorized above, the Association may levy, in any assessment year, a special Assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular Assessments, provided that any such Assess- ment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay a one-time special Assessment of Thirty and no/100 Dollars ($30.00) per Lot. Such special Assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special Assessment at the closing of the Lot sale. This one-time special Assessment shall be used to defray organizational cost for the Association and general costs of operation. 4.2.3 Limited Assessments. Limited Assess- ments may be levied against any Owner in an amount equal to the costs and expenses incurred by the Association, including legal fees, for corrective action necessitated by such Owner, and, further including without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 4.3 Maximum Annual Regular Assessment. The initial maximum amount of the regular Assessment to be assessed by the - 14 - Association, shall be Thirty and no/100 Dollars ($30.00) per Lot per year. 4.3.1 The maximum annual Assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum Assessment for the previous year without a vote of the membership of the Association as provided below. 4.3.2 The maximum annual Assessment may be increased above ten percent (10%) by a two-thirds (2/3) vote of each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.3.3 The Board of Directors of the Association may fix the amount of the annual Assessment at an amount not in excess of the maximum as established from time to time. 4.3.4 The total annual regular Assessment levied against the Lots owned by the Declarant, shall be the lesser of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual Assessment levied against lots owned by parties other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 4.2.1 for the fiscal year. 4.4 Notice and Ouorum for any Action Authorized Under Section 4.2.2 and 4.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.2.2 and 4.3 shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4.5 Uniform Rate of Assessment. Except as otherwise specifically provided herein, both annual and special Assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 4.6 Date of Commencement ofAnnual Assessments - Due Dates. The annual regular Assessments or any special Assessments then in effect, as provided for herein, shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The - 15 - Board of Directors shall fix the amount of the annual Assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance. 4.7 Effect of Non-payment of Assessments - Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at a rate of twenty-one percent (21%) per annum or at the highest rate allowed by law if such rate is less than 21%. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 4.8 Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payment which became due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARCHITECTURAL COMMITTEE 5.1 Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: Name - 16 - 0 0 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 5.2 Richt of Appointment and Removal. At any time Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 5.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee for review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 5.3.1 Conditions on Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to the Association for the maintenance thereof, or upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 5.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars - 17 - 0 0 ($100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures, as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 5.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 5.3.4 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 seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 5.4 Meetinas of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be, one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 5.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the Committee. 5.5 No Waiver of Future ADprovals. The approval by the Committee of any proposals or plans, specifications or drawings for any work done or proposed, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any - 18 - 0 similar proposals, plans and specifications, drawings or matter whatever, subsequently or additionally submitted for approval or consent. 5.6 Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, except as otherwise agreed by the Board. 5.7 inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 5.7.1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 5.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 5.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the owner, the improvement shall be deemed to be in accordance with the approved plans. 5.8 Nonliability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be construed in any way to relate to, structural safety of buildings and improvements or their conformance with building or other codes. - 19 - 0 • 5.9 variances. The Committee may authorized 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 it deem such action appropriate because of the existence of circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations. 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 a variance is 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 covered by the variance, nor shall it affect in any way the owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to, zoning ordinances and Lot setbacks lines or requirements imposed by any governmental or municipal authority. 6.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its successors or assign, at any time, and from time to time, without the approval of any Owner, the Association or its Board of Directors. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration, which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictions, reservations and easements as Declarant deems not appropriate for the other properties. 6.2 Additional Properties. Subject to the provisions of Section 6.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same - 20 - 0 9 manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. 6.3 Procedure for Annexation. The additions authorized under Section 6.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, become and constitute a part of the Properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein, as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant may deem appropriate in the development of the other properties or portion thereof. 7.1 Maintenance and Use Easement Between Walls and Proverty Lines. The Association or Owner of any Lot shall hereby be granted an easement 5' in width on the adjoining properties for the purpose of maintenance of fencing and/or landscaping so long as such use does not cause damage to any structure or fence. 7.2 Other Maintenance Easements. Easements for installa- tions and maintenance of utilities and drainage facilities are reserved as shown on the record 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 easement area of each Lot and all improvements in it shall be maintained continuously by the Owner - 21 - 0 0 of the Lot, except for these improvements for which a public authority or utility company is responsible. 8.1 Enforcement. The Association or any Owner, shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 8.2 Severability. 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. 8.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 8.4 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 the President and Secretary of the Association affirming that such amendment was approved by two- thirds (2/3) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (2/3) of the Lot owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article V 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 his hand and seal this day of November, 1992. GARY L. VOIGT - 22 - STATE OF IDAHO ) ss. County of Ada ) On the day of November, in the year of 1992, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared GARY L. VOIGT, known or identified to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. (Seal) Notary Public for Idaho Residing at My commission expires• - 23 - AMBROSE, FITZGERALD d CROOKSTON Attorneys and Counselors P.O. Box 427 0 i ORDINANCE NO J AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SW1/4 OF THE NW1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow, described: A parcel of land located in the SWI/4 of the NW 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/16 corner common to Sections 2 and 3, Township 3 North, Range 1 West, Boise Meridian, said point being the REAL POINT OF BEGINNING, from which the west quarter corner of Section 2 bears South 00003'26" East 1,325.93 feet; thence South 89°44'21" East (record East), 1,323.44 feet to the NW 1/16 corner; thence South 00°07'47" East along the East boundary of the SW 1/4 of the NW 1/4, 544.50 feet (record South, 33 rods) to a point; thence North 89'44122" West (record West), 1,324.13 feet to a point on the section line; thence North 00°03'26" West, 544.50 feet (record North, 33 rods) to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: ORDINANCE Page 1 N AMBROSE, FITZGERALD B CROOKSTOM AttGmsys and Countslms P.O. Boz 427 Msddlsn, Idaho 8]812 ,]son"@8884 1 A parcel of land located in the SWI/4 of the NW 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/16 corner common to Sections 2 and 3, Township 3 North, Range 1 West, Boise Meridian, said point being the REAL POINT OF BEGINNING, from which the west quarter corner of Section 2 bears South 00°03'26" East 1,325.93 feet; thence South 89044'21" East (record East), 1,323.44 feet to the NW 1/16 corner; thence South 00007147" East along the East boundary of the SW 1/4 of the NW 1/4, 544.50 feet (record South, 33 rods) to a point; thence North 89°44'22" West (record West), 1,324.13 feet to a point on the section line; thence North 00°03'26" West, 544.50 feet (record North, 33 rods) to the Point of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R- 4 Residential; that the reason for the R-4 zoning is to allow 32 single family dwelling units to be constructed on the parcel which would be an approximate density of 1 dwelling unit per 3.22 acres, which would be allowed in the R-4 Residential zone; that the property shall be subject to site planning review; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de- ORDINANCE Page 2 and Bos 437 lW.Idaho • 0 annexation if the owner shall not plat the property as submitted by Applicant and designate on the plat that only single-family dwellings shall be allowed, construct water and sewer line extensions to serve the property, and construct streets to and within the property, meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 'R�Z�L day of fir' , 1992. ORDINANCE Page 3 APPROVED: F �•�T o� a�. �j L Yi CK NI r 1 -Ft• �.,. STATE�SF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SW1/4 OF THE NW1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; �ANp�D PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. -<Ff , by the City Cin it and Mayor of the City of Meridian, on the day of (/)� �e ` , 1992, as the same appears in my office. DATED this eL} day of (�Vl�,L b 411-� , 1992. STATE OF IDAHO,) ss. County of Ada, ) On this ZIP day of OnoBtr- , 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. AMBROSE. FITZGERALD B CROOKSTON Attorneyeend II ORDINANCE Page 4 Coun"Im F.O. Box 427 Meridien. Idaho !3642 eleonone SS8 4M1 IAMBROSE. FITZGERALD B CROOKSTON Attomeye and Couneelm P.O. Box 127 MHldlen, Idaho !3612 elepnone 666.1161 IN WITNESS my official seal written. WHEREOF, I have hereunto set my hand and affixed the day and year in this certificate first above SEAL .r r :n ORDINANCE Page 5 I�34;,L2S N. T., 4 N., R. I. W., B.M. , T 3 N., R. i W., B. Sao Lp : 1'l= 3G�' ��u�unniuuu�nnimiu�uumn 1,323.44' f t,324.13� �'i v • HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 October 20, 1992 Honorable Mayor Kingsford and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Parkwood Meadows Subdivision Variance Request Dear Mayor and Council, 208/322-8992 ■ Fax 208/378-0325 On October 16, 1992, 1 had discussions with both Mr. Gary'Smith and Mr. Ken Bowers regarding the variance request for the Mirage Court Cul-de-sac length. Mr. Smith and Mr. Bowers both indicated that they both could support our request to allow said cul-de- sac to exceed the maximum length. The City Council directed us to look at the possibility of flopping the cul-de-sac to eliminate the sewer main being extended between building lots. However, after further analysis and discussions with Gary Smith we have determined that the sewer would need to ran between lots on the flipped version as well. We will provide the necessary easements to protect the sewer line as proposed through the building lots through Mirage Court and will provide an access way through said easement for maintenance purposes. We will also provide an additional fire hydrant at the end of the proposed Mirage Court Cul-de-sac and have discussed the same with the City of Meridian Fire Chief. Mr. Bowers indicated to me that he would give approval for our request and would communicate the same to Councilman Corrie. Thank you for your time and consideration. D1 Daniel Project Manag HUBBLE ENGINEERING, INC. DAT/dkg/426.ltr 0 0 PARKWOOD MEADOWS SUB: FINAL PLAT PHASE # I COMMENTS 1: CENTRAL DISTRICT HEALTH: CAN APPROVE W/CENTRAL WATER & SEWER: 2: SCHOOL DIST: SEE ATTACHED LETTER: 3: CITY ENGINEER: SEE ATTACHED COMMENTS: 4: FIRE DEPT: MERIDIAN FIRE DEPT HAS ONLY ONE ENTRANCE & EXIT : 5: POLICE DEPT: NO OBJECTIONS: • • SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTOR OF PERSONNEL Christine Donnell DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 8886701 October 7, 1992 Meridian Planning & Zoning 33 East Idaho Street Meridian, Idaho 83642 Re: Parkwood Meadows Subdivision Dear Councilmen: I have reviewed the preliminary plans for Parkwood Meadows Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, Dan Mabe, Deputy Superintendent DM: gr OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt, KENNY BOWERS, Fire Chief BILL GORDON, Punas Chief GARY SMITH, City Engineer MEMORANDUM TO: FROM: RE: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 FAX (208) 8874813 GRANT P. KINGSFORD Mayor MAYOR, CITY COUNCIL GARY D. SMITH+'-' PARKWOOD'4Ei 7. Add the following note to the plat: 7) Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district. 8. The relocation of the Mirage Court culdesac to Fieldstream Drive needs to be resolved to promote location of sewer lines in public right of ways. SENT ,9F PR� TANWOM United States Department of the Interior 06 �_ a BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE M ;.70, 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN RF P I_l' REIER 10. 424 October 14, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Parkwood Meadows aka Fieldstream Subdivision Final Plat (Zoning Review) Dear Meridian Planning & Zoning: We very much appreciate this plat being amended to show the United States' Nine Mile Drain right of way. However, we repeat our previous request: To assist this development making an orderly addition to our community and to fully inform and prevent possible errors by future homeowners, we request the plat be amended to show the Nine Mile Drain right of way ... clearly labeled, "Exclusive United States Nine Mile Drain Right of Way." Please contact John Caywood of my staff (ph assistance. Sincerely, f rrold D. Gre Project Superintendent cc: Nampa Meridian Irrigation District 334-1463) if we can be of any rswom 7im i WE on I so I OA -20 I I I I) r T a .Lai.�. ( P�rCY,��/voD L111IL", I Ift I as I no I mm I on I AMA an � n.- I .m \\� fNriNFfa r � H 4y0 SOP SUtt`1F HUBBLLANGINEERING, INC. 0 9550 Bethel Court • Boise, Idaho 83709 (208) 322-8992 • Fax (208) 378-0329 TRANSMITTAL LETTER To: CI�y 6r- Ma=21D1At-J c I+,f e- UElzk 33 SA-5rr li]A- Attn���►J l (LK'�� vias c. IG.J Z.�J Job No.: Project: VnrA-D olds WE ARE SENDING YOU: As Requested _ Attached _Under Separate Cover, Via FOR YOUR: _ Use RR rd _ Information eview and Comment Bidding _ Cost Estimating THE FOLLOWING: Prints _ Plans _ Specifications _ Shop Drawings _ Samples _ Copy of Letter Copies Date Sheet No. Description U • U REMARKS: L.IcA� yyO-t� -ftY- L{,LQ rix/ { U41Vto To., PPA with Encl.By' _ With Encl. Signed: _ With Encl. 0