The Vineyards #1 CovenantsaPPlica laced witdhinrfi~veor kenne~shall be
be D°g runs IS) fee f Permit[ to
place or kennels a set-back ed be
event and maintained shall line where
shall such to the °nlY be permitted
such kennels or rear of dwellin tO
,facilities be visible from es and in no
laws and rules. shall a street. All
comply 'with
2.10 ~'" ~ ~ ~~ 11 applicable
Garbaee and '"7~-
garbage, refu~- -'-- Re~s~ Di soosal . ~ t".(~it~,~y
remain on °r debris rubbish,
withi the Proper] shat `~ No
n the Y ezce be placed or trash,
such interior of pt trash allowed to
material shall a Unit in kept and maintained
e4uipment only be sanitary containers,
be for the stora kept 1° sanitar All
-kept in a clea $e or disposal Y COntainers. All
n. neat and sanitar of such material shall
2.11 Water Y condition.
system shal p 5~~~ No individual domestic
permitted on any Lot. water
2.12 Seaae supply
system shal-l p - DiSD= s~ No
sublet[ the permitted individual sewa
to followin °n any Lot. ge disposal
Meridian[ B sewer All Lots shall
requirements of be
2.12.1 the City of
connectingm~othly sewer char
according tO the Cit Be must be paid after
the ordinance~eridian public
and laws sewer system,
2'12.2 Each of the City,
went of Public
Depart Owner shWaorksubmtt Dte Pection by the
or other De the ins
connected partment whenever a subdivided[
to the °f Building,
on and within its sewage system Lot is
Property, constructed and tO be
2.12 3 installed
The applica
subdiv
of Meridianrthe~rihallOandrherebyidoes ision, or Lot
gainst the Owner ght and power vest in the City
part thereof °f the tO bring all actions
stated.
f°r the collectioneS hereby conve
of any char Yed or
2 13 ht _/ ges herein
hedge or Sim Distance ~j
elev shrub ~'-~ t Intersections.
ations planting w ich obstruc No
roadwa between two , fence. wall,
Y shall be ~°) and six t )s st8ht lines at
Lot within the placed or permitted feet above
lines triangular i° remain the
and a line connects area formed °n any corner
intersection of the nB them at by the
Pro street Points ~30lreet Property
perty corner from lines, or ) feet from
lines elite the intersectiontofthe case of the
on nded. The same the a rOUnded
any Lot within sight-line street pro
street pr°Qert ten (10) feet limitation perty
Pavement, Y line with the edfrots the intersechion oPPaY
dista NO tree-shall be ge of driveway or
nces of such inte Permitted alley
maintained at rsections tO remain w
such sufficient unless the fols ithin such
sight lines. height to prevent age line is
obstruction of
to 2'14 Declarant's
~~- R=-l~. De c l a r a n t
construct resi ences and other inprovementsvUpon right
the
THE VINEYARDS any Lot
SUBDIVISION DECLARATION _ 6
~'ie' the save with completed~ructures thereon
sale to individual Owners.
for
2.15 oats. Campers
trailers, tractors-`-''" and Other Vehicles.
trailers recreational vehicles~~ No boats,
vehicle orcempers, ^otorhomes, automobile (1'e'' any
vehicles, orgsimilar) dilapidated, unre airedPers or
equipment or unsisimilar
trucks (workin motorcycles, snoamobiles~)
(3/4) of g O7 non-working) greater than three=
a ton in size shall regularly or as quarter
practice be parked or stored on an
(includin a matter of
8 streets and driveways) unlession of the Pro
structure or screened enclosed by aPerty
writing, by the Architecturalew in a manner
Committee, approved, ;n
Notwithstanding the foregoing, any boat
or recreational vehicle which is in
order may be stored camper trailer
front on the side good repair and working
and rear yard set-backs yard of a Lot between
fence and if the vehicle if screened by a six the
dimensions: eight (8) does not exceed the followingt t6')
and ten (lp)~ feet wide, tweet
not be locatedeet high, Provided Y-seven (27) feet
adjacent however, such store long
to the street on a corner Lot $e may
2.16 Bathrooms.
facilities shah aside bathrooms, sink and toilet
connected by under residence
system. Bround pipes direct buildings and shall be
Y with the sewer
2.17 Antennae.
receivers, oror r-ad-_BeTlialslevision , satellite
antennae
Property other than within shall be installed
the interior on the
2.18 Hazardous °f a Unit.
conducted on °~- Activ~it-_ No
might be in any Unit activity shall be
unsafe or hazardous Lot or Common
Without limftin to Area which is
shall 6 the generality ofYtperson or pro or
be dischar he fore Perty,
be lighted ged upon said g°ing, no firearms
contained or permitted on an pr°Perty; no open fires
barbecue unit a Y prOpertY except in shall
purposes, or with a saf hale attended and in a self-
fireplace, (exce a and well-desi use for cooking
Common Areas Pt such picnic fires gned interior
and attended designed for such in Portions of said
land, fires required for use or) except such controlled
clearing or maintenance of
2.19 Unsi~
Permitted ~= Articles,
visib tO remain o~ NO unsigh(]y articles
]imitin from any other portion °r Common Area as to behall be
shall g the foregoin °f the Propert
be hung, dried or nO clothing or household Without
from any other aired fabrics
shrub Portion of the pnosuch a way as to be visible
or tree clippings or Petty. No
metals, buildin Plant lumber, grass,
similar g °L other materialsste, comp st Piles,
material or articles O7 scra]~
to accumulate on shall a or other
enclosed any Portion of be kept, stored or allowed
structure or the Propert
?PProved, in writs appropriately screened except within
'Screened" from view an
from a is d ine as the Architectural Committee, as
Ye level, at grade, afng concealed
all points °r made non-visible
o a0 within the Pryo~pe,~rt~y,
THE VINEYARDS SUBDIVISION ,DECLggpTION/ ~" Nw u ' _"l'
- 7 ~"""~.
Iron: any Logo ~~ ~~und - (;eneral u light shall be
bri ht~ C°m1°O° Area which emitted
g causes unreasonable ght is unreasonably
emitte rom any Lot or CommongArea which sisnunreasonably
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 an
contained in this Declaration androvements, the restrictions
declarations shall be deemed waivednY supplemental
to Permit such construction 1O the extent necessary
of such construction Provided that durin
in a violation nothing shall be g the course
construction andf these restrictions done which will result
all construction shaljobecompletion of
prosecuted to completion, continuousl dill
gently
,, Y and without delays,
x.22 Re-Construction.
necessary to reco In anY case where
Common nstruct a Unit or it is
Area, said re-construction shallimprovement
diligently, continuousl in the
commenci Y and without delae prosecuted
nted of
a ng thuselessntil such structure issfullm ttme
only for such time prevented by causes Y completed
that such causes be}•ond control
continue, and
2.23 Afaintenance
improvements °n~-~ aid Repair
from Y Lot shall~~' In the event the
anY cause, the suffer damage or destruction
restoration Owner thereof shall
• and reconstruction undertake the
days of such damage or destructionreof within repair,
ninety (90)
2'24 Fences,
design and ~~ All fences shall
construction. No be
fences or fences chain-link of vertical cedar
Side fences °{ basket-weave fences, gra e
on corner lots design shall p stake
line to r ;tr line of t may extend onl be allowed,
he, re;idence, q }• fr°m the rear
~~ 2 5 P a t ~'l 'r't'e., ® /.,~~,. ,~ L o t
restrictions C-Ondi-~tio~~ All
hereb and other covenants, conditions
to the samerPorated by referenceeandorth on all Plats eyed
notice is hereby given
.26
2 Front
and the side - and Side Yards,
must be Yard of any LOi-~ The front
planted with which is Yard of each Lot
substantial sOd within twent ad)acent to a street
occur, or asCOmpletion, or occu Y-one (~1)
sO°n thereafter Pancy. whichever da)s of
remaining portions of as the w shall
Planted the Bather first
with Yard area Permits. All
months of occuod~ seeded and/or landscapedh Lot must
timel Pancy of be
Y comply with the Unit. The ~ within six (6)
to perform this paragra h failure of
exterior mainte p shall constitute he Owner to
the Grantor shall have Hance and a failure
Section all the Association
2.3, or any other rights and remedies and/or
provision of this p1Ovided in
2.27 Declaration,
cli NO Dumnine
Ppings, rubbish-~, Trash° excavation material,
placed or allowed to remain garbage, refuse grass or
without or debris Yard
the prior written A on any vacant shall be
Architectural PProval °r unimproved Lot
Committee, of the Declarant the
The Owner of any Lot who or
THE VINE dumps such
YARDS SUBDIVISION pECLARATION - g
APRIL 13, 1992
MAYOR
COUNCIL MEMBERS
ATTORNEY
ENGINEER
ATTACHED ARE THE COVENANTS ON THE VINEYARDS SUBDIVISION FOR
YOUR REVIEW:
THIS WILL BE AN AGENDA ITEM FOR APRIL 21, 1992:
Jack Niemann
City Clerk
DECLARATION
OF
COVENANTS. CONDITIONS AND RESTRICTIONS
['OR
THE VINEYARDS SUBDIVISION
THIS DECLARATION is made effective on the day
of 1992, by MAX A. BOESIGER, INC., and Idaho
corporation hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of certain real property
in the County of Ada, State of Idaho, hereinafter referred to
as the "Property," more particularly described as follows:
'r HE Vineyards, Phase 1, a portion of the N 1/2
of the NE 1/4 of Section 1]., Township 3 N., Range
1 W, of the Boise Meridian, City of Meridian, Ada
County, Idaho according to the official plat thereof
recorded as Instrument No. records
of Ada County.
NOW, THEREFORE, 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 [he land constituting the
Property and with each estate therein and shall be binding
upon all persons having or acquiring any right, title or
interest in the Property or any Lot, parcel or portion
thereof; shall inure to the benefit of every Lot, parcel or
portion of the Property and interest therein, and shall inure
to the benefit of and be binding upon Grantor, its successors
in interest and each Grantee or Owner and his respective
successors in interest, and may be enforced by Grantor, by
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 complete 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.
THE VINEYARDS SUBDIVISION DECLARATION - 1
ARTICLE I
DEFINITIONS
1.1 "Articles" shall mean the Articles of Incorporation
of the Association.
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 The Vineyards
Homeowners' Association, Inc., an Idaho non-profit
corporation, its successors and assigns.
1.4 "Association Rules" shall mean those rules and
regulations promulgated by the Association governing conduct
upon the use of the Property under the jurisdiction or
r_ontrol 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 he, and/or the assignees of such mortgagee, beneficiary
or holder, which mortgage or deed of thrus4 encumbers parcels
of real property on the Property.
1.~ "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 with the
exception of Common Area
1.8 "Bylaws" shall mean the bylaws of the Association.
1.~ "Committee" shall mean the Architectural Committee
described in Article VI hereof.
1.10 "Common Area" shall mean all real property
(including the improvements thereto) owned by the Association
for the common use and enjoyment of the Owners.
1.11 "Declaration" or "Supplemental Declaration" shall
refer [n this declaration as hereafter amended and
supplemented from time to time.
].. 12 "Declarant" shall mean and refer to Max A.
Boesiger, Inc., an Idaho corporation, and its 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.
THE VINEYARDS SUBDIVISION DECLARATION - .2
1.13 "Granto~ shall mean and refer to ~e Declarant.
1.14 "Improvement" shall mean any structure, facility
or system, or other improvement or object, whethei permanent
or temporary, which is erected, constructed or placed upon,
under or in any portion of the Property; including, but not
limited to buildings, fences, streets, drives, driveways,
sidewalks, curbs, landscaping, signs, lights, mailboxes,
electrical lines, pipes, pumps, ditches, waterways, swimming
pools and other recreational facilities and fixtures of any
kind whatsoever.
1.15 "Lot" shall mean and refer to a Building Lot.
1.16 "Member" shall mean each person or entity holding
a membership in the Association.
1.17 "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.
1.18 "Owner" shall mean and refer to the record Owner,
whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Properties, including
contract sellers, but excluding [hose having such interest
merely as security for the performance of an obtigation.
1.t9 "Plat" shall mean the recorded Plat of THE
VINEYARDS #1 and the recorded Plat of any other Properties
annexed hereto.
1.20 ""Properties" or "Property" shall mean and refer
to [he 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.
1.21 "Set Back" means the minimum distance established
by law between the dwelling unit or other structure referred
to and a given street, road of Lo[ line.
1..22 °Unit" shall mean one residence which shall be
situated upon a Lot.
ARTICLE II
GENF..RAL COVENANTS, CONDITIONS AND RESTRICTIONS
2. 1. Land Use and Building Tvpe. No Lot shall be used
except for residential purposes, and no Lot or the Common
Area 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 Owner's
Lot.
No improvements shall be erected, altered, placed or
permitted to remain on any Lot other than one designed to
T'HE VINEYARDS SUBDIVISION DECLARATION - 3
accommodate uo mo~than one (1) single-famil~residential
dwarlling.
2.1.1 Size Limitations. Split level and two (2) story
Units shall have not less than 1400 square feet of
interior floor area, exclusive of porches and garages.
All other units shall have not less than 1300
square feet of interior floor area on the ground floor
of the main structure, exclusive of porches and garages.
3.1.2 (iara¢es. Each Unit constructed with the Property
sha71 include at least a two (2) car, enclosed garage
which is an integral part of the Uni[ structure.
2.1.3 Roofing Material. The roof of each Unit may be
constructed of asphalt shingles, or such other material
as may he approved by the Architectural Committee in
writing.
3.3 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, including
without limitation, change of exterior colors or materials,
on the Property, unless and until the building plans,
specifications, and plot plan have been reviewed in advance
b~- 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 their reasonable
discretion, deems relevant. Said requirements as to the
approval of the architectural design shall apply only to the
exterior appearance of the improvements. This Declaration is
not intended to serve as authority for the Architectural
Committee [o control the interior layout of design of
buildings except to the extent incidentally necessitated by
use and size requirements.
2.3 Exterior Maintenance: Owner's Obli¢a[ions. No
improvements, 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, which is the responsibility of such
Owner to maintain, to fall into disrepair so as to create a
dangerous, unsafe, unsightly or unattractive condition, or
damage to Property or facilities on or adjoining their L.ot
which would otherwise be 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 Lo[
fc,r the purpose of doing so, and such Owner shall promptly
reimburse the Association for [he cost thereof. Such cost
shall be a Limited Assessment and shall create a lien
enforceable in the same manner as other Assessments set forth
hen°i n. 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
IHE VINEYARDS SUBDIVISION DECLARATION - 4
such connective acT'ion, plus all costs incurr~ in collecting
the amounts due. Gach Owner shall pay all amounts due for
such work 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 nn 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 Hiner}- (90) days of the repair, restoration or
reconstruction of such damaged or destroyed improvements have
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
Owners Lot for the purpose of doing so and such Owner shall
bear all costs incurred by the Association, a lien shall be
applied to the Lot.
~.~t Improvements Location. No improvements shall be
constructed in violation of set-back requirements established
by law, or by this Declaration as set forth on the recorded
plat of the Subdivision.
_'.5 Nuisances. No noxious or offensive activity,
including without ]imitation, those creating an offensive
odor, shall he carried on upon any Lot or the Common Area nor
shall anything be done thereon which may be or may become an
annoyance or nuisance to [he neighborhood.
2.6 Temnoran• Strur_tures. No improvements of a
temporary character, 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.
3.7 S u ns. No sign of any kind shall be displayed to
the public view on any Lot except one sigh 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.
l.8 Oil and Minine 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 he permitted upon the Property. No derrick or other
structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon the Property.
3.9 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
provided that they are not kept, bred, or maintained for any
commercial purpose and provided [hat the keeper of such pets
complies with all city, and county laws, rules and
THE VINEYARDS SUFSDIVISION DECLARATION - 5
regulations. No ~ runs or kennels shall be~ermitted to be
kept or placed within five (5) feet of a set-back line where
applicable. Dog runs or kennels shall only be permitted [o
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.
x.10 Garbage and Refuse Disposal. No rubbish, trash,
garbage, refuse or debris shall be placed or allowed to
remain on the Property except trash kept and maintained
within the interior of a Unit in sanitary containers. A11
such material shall only he 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 Supplti°. No individual domestic water supply
system shall be permitted on any Lot.
_°.1' Sewage Disposal. No individual sewage disposal
system shall be permitted on any Lot. All Lo[s shall he
subject to the following sewer requirements of the Cit7 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.
2,1'_.2 Each Owner shall submit to inspection by the
Department of Public Works, the Department of Eluilding,
ur other Department whenever a subdivided Lot is to be
connected to the sewage system constructed and installed
on and within its Property.
2.1_.3 The applicant/Owner of this subdivision, or Lo[
or Lots therein, shall and hereby does vest in the City
of Meridian [he right and power to bring all actions
against the Owner of the premises hereby conveyed or
part thereof for the collection of any charges herein
stated.
^_.13 Sight Distance at Intersections. No fence, wall,
hedge or shrub planting which obstructs sight lines at
elevations beCween 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
nn any Lot within [en (10) feet from the intersection of a
street property line with [he 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.
'_.14 Declarant's Rieht. Declarant reserves the right
to construct residences and other improvements upon any Lot
THE VTNEYARDS SCtADIVISTON DECLARATION - 6
and to offer the ~e with completed structur~ thereon for
sale to individual Owners.
2.15 Boats. Campers, and Other Vehicles. No boats,
trailers, tractors, recreational vehicles, (i.e. any
trailers, campers, mo[orhomes, 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
tincluding 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 may be stored on the side yard of a Lot between the
front and rear yard set-backs if screened by a six foot (6')
fence and if the. vehicle does not exceed the following
dimensions: 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 antenuae, satellite
receivers, or radio aerials shall be installed on the
Property, other than within the interior of a Uni[.
2.78 Hazardous Activities. No activity shall be
conducted on or in any Ltnit, Lot or Common Area 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; no open fires shall
be lighted or permitted on any property except in a self-
co~tained barbecue unit while attended and in use for cooking
purposes, or with a safe and well-designed interior
fireplace, (except such picnic fires in portions of said
Common Areas designed for such use or) except such controlled
and attended fires required for clearing or maintenance of
land.
''2.19 Unsi¢htly Articles. No unsightly articles shall be
permitted to remain on any Lot or Common Area as to be
visible from any other portion of [he 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 clipfiings or plan[ waste, compost piles,
petals, building or other materials or scrape 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, i^ 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.
THE VINEYARDS SUBDIVISION DECLARATION
7
'.~0 Light,~und - General. No light s~ll be emitted
from any Lot or Common Area which light is unreasonably
bright or causes unreasonable glare. No sound shall be
emitted from any Lot or Common Area which is unreasonably
loud or annoying, and ^o odors shall be emitted on any
propert}~ which are noxious or offensive to others.
~.~1 Consiruetion. During the course of actual
construction of any permanent improvements, the restrictions
contained in this Ueclaratio^ and any supplemental
dec]araCions 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 upo^ completion of
construction and all construction shall be diligently
prosecuted to completion, continuously and without delays.
'_."3 Re-Construe[ion. In any case where it is
necessary to reconstruct a Unit or any improvement in the
Common Area, said re-construction shall he prosecuted
diligently, continuously and without delays from time of
commencing thereof until such structure is fully completed
and painted, useless prevented by causes beyond control and
only for such time that such causes continue.
~.'-3 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.~A Fences. All fences shall be of vertical cedar
design and construction. No chain-link fences, grape stake
fence> 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.
2.'S Plat Conditions. All covenants, conditions and
restrictions and other matters set forth on all Plats are
hereby incorporated by reference and notice is hereby given
to tl~te same.
~.^6 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) daps of
substantial completion, or occupancy, whichever shall first
occur, or as soon [hereafter 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)
month; 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
[}-ie Grantor shall have all rights and remedies provided in
Se~.~tion '.3, or any other provision of this Declaration.
~.37 No Dumpin¢. 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
THE VINHYARDS SUBDIVISION DECLARATION - 8
material shall be I~Ule for the cleanup and/o~removal
costs.
ARTICLE fII
PROPERTY RIGHTS
3.1 Owner's Easements of Eniovment. Every Owner shall
have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions.
3.1.1 The Association has the right to suspend the
voting rights of an Owner for any period during which
any assessment against his Lot remains unpaid.
3.1.2 The right of the association to dedicate or
transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed on by
the members. Such dedication or transfer shall be
effective upon the recording of an appropriate
instrument executed by the President and Secretary of
the association and upon which said officers affirm that
the transfer or dedication was approved by the Owners of
a majority of the Lots.
3. '_ Deleeation of hse. Any Owner may delegate, in
accordance with the Bylaws, his right of enjoyment to the
Commc!r; Area and facilities to the members of his family,
guests, tenants or contract purchasers who reside on the
propcrtl'.
3.3 Damaees. Each Owner shall be liable for any damage
to such Common Areas or other property- owned or maintained by
the Association which mac be sustained by reason of the
negligence or willful misconduct of said Owner or of his
fnmily and guests, tenants or contract purchasers, both minor
and adult. In the case of joint ownership of a Lot, the
liability of such Owners shall be joint and several. The
cost of r_orrecting such damage shall be cltarged as a limited
assessment against the Owner and his Lot and may be collected
as provided herein for the collection of other assessments.
ARTICLE IV
The VINEYARDS HOMEOWNERS' ASSOCIATION
-1.1 Oreanizat~ion of AssociaCion. The Vineyards
Homeowners association C"Association") is an Idaho
Corporation formed under the provisions of the Idaho Non-
profit Corporations Act and shall be charged with the duties
and ingested with the powers prescribed by law and set forth
i^ the ..lrticles, Bylaws and this Declaration. Neither the
Articles nor the Bylaws shall, for any reason, be amended or
otherwise changed or interpreted so as [o be inconsistent
with this Declaration.
THE VINE1"ARDS SUBDIVISION DECLARATION - 9
4.2 Membershr Liach Owner of a Lot sut~ct 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
rnen-e than one membership in the Association, except as
hereinafter set forth with respect to voting. Memberships in
the --lssociaticn shall not be assignable, except to the
succe€sor-in-interest of the Owner, and all memberships in
th~° Association shall he 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 6ool:s of the Association.
4.3 Voting. The Association will have two C3) classes
of eoting memberships.
4.3.1 Class A. Class A members shall be the Owners,
with the exception of the Declarant, and shall be
entitled [o one (1> vote fur each Lot owned. When more
than one person holds an interest in any L,ot, 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.
4.3.' Class B. The Class B member shall be the
Declarant. Upon the recording hereof, Declarant shall
be entitled to three (3) cotes for each Lot of which
Declarant is the Owner. The class B membership shall
cease and he converted to Class A membership on lanuar}
i, 3010, or when the Declarant no longer owns any Lots
within the property subject to the Declaration,
whichever event shall first occur.
4.4 Board of Directors and Officers. The affairs of the
Association shall be conducted by a Board of Directors and
snch 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.
4.5 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, and to do and perform any and all acts which may
be necessary or proper for, or incidental to the proper
management and operation of the Common Area and the
performance of the other r esponsibilities herein
assigned, including without limitation:
4.5.1.1 Assessments. The power to levy assessments
(Annual, Special and Limited) on the Owners of Lots
IHG VINEiVARDS SUBDIVISION DBCLARATION - 10
and to~rce payment of such asses~ents, all in
accordance with the provisions of this Declaration.
4.:i.1.°_ Right of Enforcement. The power and
authority from time Co time in its own name, on ita
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 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 hereof.
4.5.1.3 Dele¢ation of Powers. The authority to
delegate its power and duties to committees,
officers, employees, or to 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 delegated.
4.5.1.4 Association Rules. The power to adopt,
amend and repeal by majority vote of the Board such
rules, and regulations as [he Association deems
reasonable and which are consistent with this
Declaration (the Association Rules). The
Association rules shall govern the use of the
Common Area b}° the Owners, families of the Owners,
or by an invitee, licensee, Lessee or contract
purchaser of an}' Owner; provided, however, that t11e
Association rules may not discriminate among Owners
and shall not he inconsistent with this Declaration
the Articles or P.,ylaws. A copy of the Association
rules as they may from time to time be adopted,
amended or repealed, shall be mailed or otherwise
delivered to each Owner. Upon such mailing or
delivery and posting, said Association rules shall
have [he samr_ force and effect as if they where set
Furth in and are a part of this Declaration. In
the event of any conflict between such Association
rules shall be superseded by the provisions of this
Declaration, the Articles or the Bylaws to the
extent of any such inconsistency.
1.5.1.5 Gmerxency Powers. 'The Association or any
person authorized by the Association may enter upon
anp Lot in the event of any emergency involving
illness or potential danger to life or property or
when necessary in connection with nny maintenance
or construction for which it is responsible. Such
entry shall be made with as litkle inconvenience to
the Owners as practicable and any damage. caused
thereby shall be repaired by the Association.
4.S.l.fi Licenses. Easements and Ri hts-of-Wa°.
The power io grant an convey to any t tr party
such licenses, easements and rights-of-way in, on
or under the Common Area as may be necessan> or
appropriate for the orderly maintenance,
TIIG VINEYARDS SUBDIVISION DBCI.ARA'TION - 11
prescreat~n and enjoyment of the C oon Area and
for the preservation of the health, safety,
convenience and welfare of the Owners, for the
l,urpose of constructing, erecting, operating or
maintaining:
-1.x.1.6.1 t)nderground lines, cables, wires,
conduits and other devices for the transmission
c,f electricity for lighting, heating, power,
telephone. and other purposes;
4.5.1.6.2 Public sewers
drains and pipes, water
systems, mater, heating
pipes; and
storm drains, water
systems, sprinkling
and gas lines or
-1.5.1.6.3 1ny similar public: or quasi-public
improvements or facilities.
The right [o grant such licenses, easements and
rights-of-wa}~ are hereby expressly reserved to the
Association and may be granted at any time prior to
tweuiy-one ('_]) years after the death of the individuals
executing this declaration, on behalf of [he Declarant,
unrl [heir issue oho are in being as of the date hereof.
4.5.2 Duties of the Association. In addition to
power delegated to it by the Articles, without limiting the
t-eneralit}• thereof, the Associatio^ or its agents, if any,
shall have the obligation to conduct all business affairs <,~f
common interest to all Owners, and to perform each of the
following duties:
1.5.3.1 Oueration and Maintenance of Common Area.
Operate, maintain and otherwise manage or provide
for the operation, maintenance and management of
the Common Area including the repair and
replacement of property damaged or destroyed by
c.a sualty loss and other property acquired by the
.1ssociation.
1.5.'.^_ Maintenance and management of Site
Retention Ponds. Provide the management for props-r
operation and maintenance of the storm drain
retention ponds along the Nine-Bile drain ditch,
including weed control and maintenance of any pipe
outside the jurisdiction of the Ada County Highwa}'
District's maintenance practices.
4.5._'.3 Taxes and assessments. Pay all real and
personal property taxes and assessments separately
1~°<icd against the Common Area owned and managed b}°
the Association or against the Association and/or
any property owned by the Association. Such taxes
and assesstnents may be contested or compromised by
the Association; provided, however, that they
are paid or a bond insuring payment is posted prior
to the sale or the disposition of any property to
satisf}• the payment of such taxes. In addition,
the. Association shall pay all other taxes, federal,
TIiI: A'INEIARDS SLISDTVISiON DECLARATION - L°
statr at~ local, including income oT corporate
ta~~~s, levied against the Association in [he event
that the 9ssociation is denied thr status of a t:~x
exempt corporation.
4.5.2.4 Water and Other Utilities. Acquire,
provide and/or pay for water, sewer, garbage
disposal, refuse and rubbish collection,
electrical, telephone and gas and other necessarv
services for the Common Area and the property owned
or managed by it.
4.5.2..5 Insurance. Obtain from reputable
insurance companies authorized to do business in
the State of Idaho and maintain in effect the
fc,llowing policies of insurance.
4.5._.5.1 Comprehensive public liability
insurance insuring the Eoard, the
Association, the Declarant and the individual
Ou-Hers and agents and employees of each of
the foregoing against any liability incident
to the ownership and/or use of the Common
Area or their property owned or rnanaged by
it. Limits of liability of such coverage
shall be as follows: not less than Five
hundred Thousand Dollars ($500,000) per
person and Five Hundred Thousand Dollars
fS500,000) per occurrence with respect to
personal injury or death, and property
damage.
1.5.^_.5.2 Full coverage directors and
officers liability insurance with a limit uC
Two Hundred Fifty- Thousand Dollars
(~~_°50,000), if the Board so elects.
4.5.2.5.3 Such other insurance including
Workmen's CompcnsaYion insurance to the
extent necessary to comply with all
applicable laws and indemnity, faithful
performance, fidelity and other bonds as the
Eoard 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
their person charged with thr_ management or
possession of any Association funds or other
property.
1.5.'.5.1 The Association shall be deemed
trustee of the interests of all Members of
the Association in any insurance proceeds
paid to it under snch policies, and shall
have full power to receive their interests in
such proceeds and to deal therewith.
4.5..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.
THE \'INL}':1RDS SL?BDICISIOI; DF.CLARATIOIJ - 13
4..5.6 Notwithstanding an}~thor
provision herein, the Association shall
continuously maintain in effect s?uh other
additional casualty, flood and liability
insurance as the F3oard deems necessary or
appropriate.
4.5.2.6 Rule Makinu. Make, establish, promulgate,
atr~nd and repeal the Association rules.
4.5.'.7 Architec[ual Committee. Appoint and
remote members of the Committee, all subject to the
provisions of this Declaration.
4.5.'.8 Drainage Systems. Operate, maintain,
repair and replace, all drainage systems located
within the Propert}' and shown on the Plat which are
not maintained by public authorities.
4.5.2.9 Rixht-Of-Way Maintenance. 1{aintain,
repair and replace the landscaped berm, including
th~~ sprinkler system installed thereon, and the
feud located on Cherry Lane, er any other publir_
right-of-u~ay adjacenT to the Property and such
other landscaping located within public right-of-
u~ay as the Board deems necessary or appropriate.
Q.S.'_.1~ Irrigation Maintenance. Maintain, repair
replace all irrigation lines or channels located on
ur serving this subdivision, and to pay all
maintenance and construction fees of any Irrigation
District with respect to the Froperty, which
amowits shall be assessed against each Lot ~~..
provided herein.
Q.S. _2.11 Street Lights. Maintain, repair and
replace street lights within the Property Lo the
extent such street lights are not operated,
maintained, repaired and replaced by the City of
Meridian ar other governmental entity, which has
jurisdiction of such matters.
1.5.2..12 Subdiaision Avvroval Responsibilities.
Perform all continuing duties and responsibilities
imposed upon the Grantor pursuant to any
governmental approvals relating to the Froperty
including, u'ithou[ limitation, those set forth in
the preliminary plat approval for the Subdivision.
4.6 Personal Liability. No member of the board or
any committee of the Association or the Architectural
Cnrrrnittee 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 )3oard, the manager, if any, or any other
representative or eraplo}~ee of the Association, the Declarant
or the Architectural Committee, an}' other committee or any
officer of the Association, or the Declarant, provided that
TIIE ~'I.L'E'iARDS SUP,DICISION DECL:IR:ITION - 11
sucl: person Icas, upc~ the basis of such inform~on as map be
possessed 1-. ;- hirr„ acted in good faith without willful or
incntional misconduct.
ARTICLE V_
COVENANT FOR MAINTENANCE AND ASSESSMENTS
5.1 Creation of the Lie^ and Personal Oblieation of
Asse^ssments. Gach Owner of any Lot, by acceptance of a deed
therefor, whether or not it shall be so expressed in such
do-°d, ._ deemed tc co~~enant and agree to pay the Association;
~.L.1 Annual regular assessments or charges.
s. l.. _' Special assessments for capitol
improvements, such assessments to be established
and collected as hereinafter provided; and
5.1.3 Limited assessments as hereinafter prod ded.
The Regular, Special. and Limited assessments, together
with interest, costs and reasonable attorneys' fees, shall be
a chaxge on the land and shall be a continuing lien upon the
proper?}~ against which each such assessment is made. Each
such as.=,c~ssmer,t, together with interest, costs and reasonable
aitorne;' fees shall also be the personal obligatio^ of the
person who was [he Owner of such property at the time when
the assessment fell due. The personal obligation for
delinrucnt assessments shall not pass to his successors in
title unless expressly assumed by them.
.,. _^ Purpose r,f Assessments.
.'.i Regular Assessments. The regular
assesstnettts levied by the Association shall be used
esclusi~~ely to promote the recreation, health,
safety and "serlfarc of the residents in the
Properties and for the improvement and maintenance
of the Coninion Area, to pap property taxes and other
assessments, to pay the annual assessments of an~°
irrigation dislricf and to pa}° such other
re°asouabir- costs and expenses which are incurred h_v
the Association in carrying out the duties, and
business of the Association.
5.2.E Special Assessment-s for Capital Improyemenl.
In addition to the annual regular assessments
authorized ahovc, the Association may levy, in any
assessment year, a special assessment applicable to
that tear only for the purpose of defraying, in
whole or in part, costs and expenses of the
,Association whic-.h exceed the regular assessments or
the costs and expenses of any construction,
ra=~cons.tntction> repair or replacement of a capita]
improvement upon the Common Area, including
fixriu-es and personal property related thereto,
pro~~ided that any such assessment shall be approved
by a two-thirrts (3/3) vote of each class of members
who are voting in person or by proxy at a meeting
dul}~ galled for this purpose. Additionally, upo^
THE VINEYARDS SUBDIVISION DECLARATION - 15
the sale~f each Lot b}' Grantor, the~urchaser
e;tr+ll pay a one-time special assessment of Thirty
^nd no/100 Dollars ($30.00) per Lot. Such special
^ssessment 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 euti[lc~d to collect this one-time special
assessment at the closing of the Lot sale. This
one-time special assessment shall be used to defray
~~rganizational cost for the Association and general
,osis of operation.
5.-^.~ Limited Assessments. The limited
assessments ma}• be levied against any owner in a^
amount equal to the costs and expenses incurred by
the .}ssociaticn, including legal fees for
correcti~-e action necessitated by such Owner,
without limitation, costs and expensee incurred for
the repair and replacement of the Common .Area or
other property owned or maintained by the
Association, damaged b}~ negligent or willful acts
of anv Owner or occupant of a Lot who is occupying
the Lo[ with the consent of such Owner, or for
maintenance of landscaping performed bq ilu
:Association which has not been performed by Owner
as pre:aided herein.
5.3 9.laximum Annual ReQUlar Assessment. The initial
ra a:cimum annual rcgn7ar assessment to be assessed b}' the
AS:OIla[LOn, shall be Thirty and No/100 Dollars ($30.00) per
Lol per }car.
5.3.1 The maximi.~m annual assessment may be
increased by the Eoard each year by not more than
ten percent (10`f) above the maximum assessment for
the previous year without a vute of the membership
of the Association as provided below.
5.3.' The maximum annual assessment map be
increased above ten percent (10`f) by a two-thirds
(^_/3) vote each class of the members who are voting
in person or by proxy, at a meeting duly called for
!his purpose.
5.3.3 The Board of Directors of the Association
may, fis the amount of the annual assessment at an
amount not in excess of the maximum as established
from time to time.
5.3.-1 The total annual regular assessment, levied
against the Lots owned by the Declarant, shall he
the IeSSOr of (a) the amount of the regular
assessment per Lot multiplied by the number of lots
owned by the Declarant or (b> the difference
hetween the. total annual assessment levied against
lets owncrd by the other parties, other than the
I)cclarant, and the reasonable expenditure of the
rls,ociation for the purposes described in Section
;._.1 for the fiscal pear.
THE 1'INEYARDS SL'D.DTYISI05 DECLARATIO?v - 1G
.1 `Jotiee•il u~:n'uni f_r any Action 9~_ o._._. riZ~~lgt~called
S^cticus 5.'_.3 and 5.3. tVritta~trionrauthoritzed under
r~,r the purpose o° taking an}'
R~.tgJ1zs ;.~ and 5.4 shall be sent to a~5~)edb}ssinosdvancc
than: ten days (10> nor snore than fifty
of tlla^ meeting. At the first such meeting called, the
pre~en,.e c{ members or of proxies entitled to cast sisTy
p<~r~ent 'S0m) of all ^o um•.ot If theerequiredsq~ormm~tb°rrlotp
shall constitute a 9 _
present, another meeting may be called -subject [o the. satr~e
notice requirement and the required quorum at the subsequent
meeting shall be one-half Cl/2) of [he required shallttbcahelde
pr e~edi n„ uu-e t.iug, Nu such subsequent meeting
more ttrin sixty` r(~~) days following the preceding meeting.
!-niform Rate of As ses.~~1e1-fit' Bolh annual and
special assessments must be fixed at a uniform rate for ail
Lots and ma, he collected on an annual or other basis as
determined by the Association from time to lime.
5.6 llate of Commer_~emeirt of Annual Assessments _ Due
Dates. The annual regular assessments or any special
assessment; then in effect as provided for herein shall
comment, a.: to a Lot or Lots on the first day of the first
}-ear following the conveyance of the tot or Lots from
'Declarant to an Owner or Owners. The Board of Directors
shall fig. the amount of the annual assessment against each
Lot at least thirty (~0) days in advance of each annual
assessment period. Written notice of the annual assessment
shall he sent to every Owner subject thereto. The due dates
:hall be established by the IIoard of Directors. The
',> o~iatiou shall, upon demand, and for a reasonable charge,
ftunisf~~ a certificate signed b} an officer of the Association
lotting forth ~shether the assessments on a specified Lot have
been paid. A properly executed certificate of the
As social ion as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
5.7 Effect of Non-payment of Assessments - Remedies of
the ?.ssacistion. Any assessment not paid within thirty (30)
da}°~, after the due date shall bear interest from the due date
on a rate of twentc-one percent ('_lw) per annum br at the
highest rate allowed by law if such rate is less than '_I"k.
The ~asuciaticn ma} bring an action at law against the Owner
personally obligated to pay the same, or foreclostu~e the lien
agriinst the property.~No Owner may wake or otherwise escape
l~iabilit:y for the assessments provided for herein by- non-use
oI khc t`ommon Area or abandonment of his Lot.
S.Y, Subordination of the Lien to MorCQaKes. The lien
of the assessments provided for herein shall be subord inaYe
to th< lien of any first mortgage. Sale or transfer of any
Lot shall n~~t affect the assessment lien. However, the sale
or ir;.ins fee of any i.ot pursuant to mortgage foreclosure or
au~ I:~roceeding in lieu thereof, shall extinguish the lien of
such assessments as to payment which become due prior to such
save cr transfer but shall not extinguish personal liability'.
_'de sale or transfer shall relieve such Lot from liability for
any assessments thereafter becoming due or from the lien
thcrenf.
T1IP FINLYARDS SL'BDi~'ISION DSCLAKATIOPd - 17
• ART I CLF. V 1
ARCI[ITECTURAL. COAIM[1'TEG
C~
G. 1. Mcmbera of the Committee. Thc .Architectural
Commit tc:r for the Property, sometimes referred to as [he
"Ccimmitt~-~-~° shs11 consist of three (3) members. Thc
following p~~'rsons are hereby' designed b}' Declarant as the
i,~itial mcmt,crs, of the Committee for the Property:
*:am~°
~.I :1 'i ~ E O e S 7 g ~' S, I I
Address
1399 Fast Monterey Drive
L'oise, Idaho 83706
'.-:i_Y~ard D. Poesig~.-•r
John R'. liclland
131 Nilliams
ISoise, Idaho 83706
4720 West Emerald Street
Boise, Idaho 83706
]-act. of said persons shall hold office until such time as he
has resigned or ha•: been removed or his successor has born
::ppcint ed, as proeided herein. Members of the Committee may'
be removed at :u1y time without cause.
!;,^_ Right of Appointment and Removal. At any time,
Grantor is the Owner of at least one C1) of the Lots, Grantor
sLaL] ha•;e the right to appoint and remote all members of the
Committee. Thereafter, the L'oard of Directors of the
Association shall have the power to appoint and rerr~ovc all
members of the Committee. Members of the Committee may be
rc-mcv~'d at an}' time, without cause.
6.3 Rc•;iew of Prunosed Construction. The Committee
;h,-~11 ~~~nsi~lcr and act upon any and all proposals of plans
.:r,d specifications submitted for its approval pursuant [o
this Dc°~.laratiou, and perform such other duties as from ti~oc
to time shall be assigned to it by the Poard of [he
?s soci~,t iou, including the inspection of construction in
progress to assure its conformance with plans approved by the
~<~,mmittee. Thc Beard slial] have the power to determine, b~;
rr,lc or 'h=ir written designation consistent with this
Dec?arati~.;n, which types of improvements shall be submitted
to the Committee to review and approval. The Committee shall
upp n;~~~ proposals or plans and specificatiuns submitted for
its approval ot:ly if it deems that the construction,
alterations or additions contemplata~d thereby in the
locations indicated will no[ he detrimenCal to the appearance
of ant stru~_IZtre affected thereby and will be i^ harmon with
the surrounding structures, and that the upkeep and
main'enanc<~ thereof will not become a burden on the
Aseociation.
. 3.1 Conditions o{ Approval. The Committee may
~:ondition its appro~a] 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
c~:suncr.ts to au iASSUeI:I;lUU for the maintenance thereof,
spun the agreement of the .Applicant to reimburse the
As_-~riation for the cost of mainte=nance, or upo^ all
TILE VI"ILl"..ARDS SC&DIVISIO>; DECLARATION - 18
three, an1~ ma~~cyuire submission of addi~nal plaCis
and specifications or other information before approving
~.~r disapproving material submitted.
,:.' Commute? Rules and Fees. The Committee also may
s tablish, from time tc time, talcs and/or guidelines
<.
setting forth procedures for the required content of the
applications and plans submitted for apprc,n~al, Such
tutee ~c.ay require a fee to accompany each application
fur approval, or additional factors which it will take
into consideration in reviewing submissions. The
C'ou:wittee shell determine the amount of such fee in a
reasonable manner, provided that in no event shall such
fee escecd Taenip five Dollars <$'_5.00) Such fees shall
he used to de•fia': the costs and cspcnses of the
Cnminittec cr for :ucL other purposes as established by
th^ Poard.
Such rules and guidelines may establish, without
I ir,.i t.;tion, procedures, specific rules and regulations
regarding design and style elements, landscaping and
fences and other structures such as animal enclosures as
.cell as special architectural guidelines applicable [o
Pui]ding Lets lueated adjacent to public and/or private
open s[iacr.
(,'.~': Dctailr-.d Plans. The Committee mn}~ require such
detail n plans and specific-a:iuns submitted for its
review' as it deems proper, including, without
limitation, floor plans, landscape plans, drainage
plan>, elevation drawings and d<°scrlp[i<ins or samples of
exterior material colors. Until receipt by the
Committee of any required plans and specifications, the
Connuitrer may postpone review of any plan submitted for
appro~'al.
6.3.{ CommiCtee~ Decisions. Decisions of the Committee
and the reasons therefor shall be transmitted by the
Committee to the applicant at the address set forth in
±he application for approval within seven (7) daps after
fi'.ing all materials required by the Committee. any
materials submitted pursuant to this Artielr_ shall be.
d~~~ciued approved unless written disapproval by the
Committee shall ha~~c been ruaile•d to the .--lpplicant u~ittiin
sc~-FU !7) daps after the date of the filing of said
materi:~ls kith the Cotnmittec. The said seven (7) day
period shall only commence to run when an authorized
represrrrtati~e of the Committee has executed an
application form acknowledging acceptance of such
appl,cation and ^cknowledging that such application is
complete.
6.1 1leetinXS of [he Committee. The Committee shall
meet from time to time as necessary to perform its duties
lieruunder. The Committee tnay from time to time by resolution
u.aan:mou:l} adopted in writing, designate a Committee
Representative (who map, but not need be one of its members)
to t~l:e any,- action or perform any duties for and on behalf of
the Committee°, except the granting of variances pursuant to
.,~--.~.~ion E,.~. Ire the abseucr~ of such designation, t1ic• 1°otc of
ar.}~ two !__^1 members. of the Committee, ur the wr~ittcu consent
TILE ~I11E1A[:DS SiJLkDIVISION DECL,~RATION - 19
.,f t„.; "'i mcmt~s of the Comtuittec taken~thout a
n:c~-~;pint, ~sha1l inn-.situ[+e an act of the committee.
6.5 No t1'aiccr of future :Auorovals. The approval of the
Comrnittce of any proposals or plans and specifications or
dr~nr{:cgs r;; i- ;u~p ~eork done or proposed, or in connection with
au}~ othr~r watter requiring the approval and consent of the
Commi tt~_re, shall. not be. deemed to constitute a waiver of any
rialit tr, v,ithhold approval or consent as to an~~ similar
t~r~posal::, plaus and specifications, drawings or matter
~.chate~.-~r subsquentl~; or additions ll y submitted for approval
~.. -onse~rit. -
G.5 Cnmprnsatiuu of 'eiembers. The members of [he
C~,nu;~ilte~ shat; receive no compensation for services
.-:i,derril, uthcr than, reimbursement for expenses incurred b}'
thew in the performance of their duties hereunder and except
;~; otheruisc agreed by the hoard.
6.7 Insnecti~,n of Rork. Inspection of work and
,.,,..^cticn of defects hcr~~i^ shall proceed as follows:
G. 7.1 ..^,n~ .uembcr of the Committee or its representati~e
lase inspect the work st any time during construction or
„!tl;in 30 da>'s after completion of construction.
If ;hr Conunittc finds that such work was not done in
substantisi curnplisnce with the approved plans, i! shall
nuliP; the Owner in u-ri[ing of such non- compliance
~;itl~,in a <60) da~~ period, specifying the particular
noncompliance, and shall require the Owner to remedy the
°_amc.
5.7.~ Tf for any reason the Committee Eails to notit'p
the Ownc-r of any noncompliance within sixt; (~0) daps
of ompletion of the construction, the improvement shall
be <'.~-~~med to be in accordance with the ai;proved pans.
5.& Nun I.iabilit~~ of Committee MemLers. Seither the
Co:am i.!icc- nur sn}- member thereof, nor its duly authorized
Co~~i:nittec~ representative, sha11 be liable to the ?.ssociation,
or ~~, ant t'•;:r,cr or Grantee for any loss, damage ur injury
arising out of or in any way connected with the pertormsuce
~:f t1;e Com;oitiec'> duties hereunder, provided such person
!:~~;, ut:.nn the bas::: of such information as may be possessed
Ly ;.; w, a~,ed iu good faith without ~zillful or intentional
mi:,cvudu-t The ('omioittee shall review and approve or
disappro<<° ^11 plans submitted to it for any proposed
improcrwcnt ult~,ratiun or addition, solely on the basis of
~...~`,hct:c cuusiderstions and the overall benefit or detriment
vrP~i~h u,ni:d rcnilt in the immediate vicinity and to the
1'ropert_ ;cnerslly. The Committee shall take into
.onsirl~~ration the aesthetic aspects of the architectural
dr~~igns, plat^u.<rt cf building, landscaping, color scheme.,,
~...-.rio. 'inishrs and materials and similar feature.=„ but
>.Lall not be re~:ponsible for reviewing, nor sl-iall its
a pprovsl of any plan or design from the standpoint of
;[ructural safety er conformance with building or ether
ode>..
;." ~'arianres. TLe Committee ma}' authorize variances
Iron: comp lance will-; any of the architectural provisionz~. of
TIIL ~'IV131'.ARL'S SL'LDPdISIO"1 DLCLAR?.TION - ~0
,h.-. D~~clarati.~n c~any Supi,~lementa] Declarat~, including
~~~_ i~tiuu upon Neigh[ :ire, floor area or placement of
:trt~t,tre: ~. :.imilar tc-frictions, when circumstance: such
a.-; iopograph}~, natural obstructions, hardshiti, aesthetic or
-_n-,ir~nn~.r~~la] cousderations may reyuire. Such variances
mu°.t t..° ~vider,~ed in writing, must be signed by at ]cast two
!^? metabrrs of Ih~- Committee, and shall become cffc-c'.ive upo^
r c:or d;,itiun in the Office of the Count}' Recorder of Ada
County. If sucl_i variances are granted, no vio]ation of the
Re:t-ictiun:; contained in this Declaration or any
6ut,pl~mcutal Declaration shall he deemed to have occurred
~,vith re;.prct [o the matter for which the variance was
., .-1. Ti:c granting of such a variance shall not opcrat;r
t ~»~aivc an}- of the ternt~ ^nd provisions of this Dec]aration
or ,,~ suv Suri;lenurntal Declaration {or any purpose c•s,op[ ., ..
,,. the par±icular property and particular provision hereof
r~.,,ct••d by the aariance, nor shall it affect in any way the
On~ner'r, obligation to comply with all governmental lams and
regnlat tuns affecting his use of the premises, including but
net limited [o zoning ordinances and Lot set-back lines or
:cqi:irrmcnts imposed by any governmental or municipal
ait? her,
ARTICLE VII
ANNERATION OF ADDITIONAL PROPERTIES
'.l Annexation. Declarant presently intends to deg^lop
:;t1-:cr neighb~~ring properties ^nd may, in Df°clarant's
discretion, dc~~~w it desirable to snnea some or all of .nch
,,,...., pn~pertics [o thc° property covered by this Declaration.
The•anaexed prupc°rties. may, at Declarant'_ sale discretion,
be used and developed Cur any purpose allowed under
npi~ropriate zoning regulations. Such other properties rna; be
:inn;:cca to the Propert}~ and brought within the provisions of
th' Declaration by Dc~.larant, its successors or as.,sign, at
an;-~ti:;~~_ and from time to time, without the approval of an
J:.ucr, ll-~e .hssncia[inn cr its Doard of Directors provided
tha' th~~ I'IIA and the t'A, or the HIID representatives thereof,
de te•rmi ue :. that the anncration is in accordance a-i.th th~~
gene r.al plan here toforr approved by them. ..-~s such properties
:n~,, develope•d, Declarant shnil, with respect thereto, reeved
a Suppl--;i,ental Declaration which shall annex such properties
to th~° i'ropert;, anti whi~.h may supplement this Declaration
with s.u:~lt additional or different covenants, conditions,
rc~•.trict ions, reservations and easeritents as Derl grant, and
~IL\ and ~' ur the IIUD representatives thereof, mad- deem
a ppr cpriatc fcr the other properties or portion: thereof and
ma; delete ur eliminate as to such other properties such
~~enant;, conditions, restri.tions reservations and
~.asements as are. continued herein which Declarant and PII anc
V:1, or the IIC`D representative thereof, deem not appropriate
f~:,r the other properties.
;.' Additional Properties. Si.tbjcct to the
prn~,-isi~~ns of Section 7.1 .above, upon the recording of a
Supp'.5w.~ntal Dc: l.:ration as to other properties containing
tht: pro~is!ons as set forth in this Section, all pr ovic:on::
_-u~tai:red in this Declaration shall apply to the added
TIIL ';l"'L1',RDS SCBDI~'ISI^": DLCLAR.yTION - _^1
' ~ prop itic~:: iu the ~ne manner as if it were ot~tnall}~
-,;<<rcd Tiy tLis D~~c'laraiion, subject to such mod;fi~.ation,
char.gz~,-. and deletions as specifically pro~~ided in curb
S,,t~t.l~:,i~nizl '.:eelaration. The Grantees of 1_CIS locate°zt in
~~~._ .,,l;~r propertres a:hall share in the payment of
i•_ ~~,~ent~; to the ,lssociation as pto~'ided herein fron~ and
lft~.t the r:zcurdation of the first decd of a L.ut within the
added prupe°rti~~s from Declarant to an individual purchaser
t'.icreof.
7 ~, Procedure for Annesatiou, The additiur.s
autt:~~rized under Section 7.1 above, shall be' made h} filing
^,E r~°cord a Supplemental Declaration or other similar
iustr,un~_~ut ~a~ith respect to the other properties or portion
tY,cre°c;f, which shall be executed by' Declarant c~,r the Owner
thercc;f and shalt e;:tend the general plan and scheme of this
I}~~_la_a ion, The .'i liug of record of said Supplemental
Dc:.larati:;n ::hall :-unstitutc and effectuate the anncxutiou of
tl:c nthcr properties or portion thereof described therein,
and fherc~iPon said othc-r properties of portion thereof shall
be,-. orne and constitute a Part of the proper[i<'s, becowc
si:bjc~~t tc phi- Declaration and encompassed within the
ger.~ral plan:a and scheme of cox~enan[s, conilitlons
r~s[ri~:tions, r~scrcations and easements and equitable
it~:d._: +..ontain~_d herein as nwdified by suet-~ Suppt~•mental
Doc~laration for such other properties or portion thereof, and
br.-ore subject to the fwutions, powers and jurisdiction of
the assouiatiun. Such Supplemental Declaration mny contain
~~,icP~ _idditi~ns, modifications or declarations of th~°
.,,..;ant ,_.,aditions, reslrictions, reservations or
,_.a~s,~:~;r.enir~; and equitable scrviriides cont~+in~:d in this
1)~-~..larntiot~ ;,~. may be decm~:d by Declarant and Fl-I", and V'A, or
th~~ Ih`C representatives thereof, desirable to reflect the
rlifferemt ~_haracter, if an>°, of the other properties or
portions thereof or as Declarant and PHn and vn, or the FIUD
representati~~e thereof, mag deem appropriate in the
development of the properties or portion thereof.
naTrcl.E vlll
EASEMENTS
8.1 A4aintcnar,ce and Use Easement Between Walls and
P2 VPerl~ Lines. The Association or owner of any lot shall
;~~er:,hy be tirant.d an car:emi~nt of 5' widtY: on the ^djoining
properties for the purpose of maintenance of fence and/or
':~ndscaping so long as such use does not cause damage to any.
::tnictarc ~r fence.
8.~ Other 14ain[euance Easements. Easements for
.._tallalions and n~aintena;rce of utilities and drainage
f~acilitie-; arc reserved as shown on the record plat. P'ithin
~Lcs. casements r,o structure, planting or other material
shat', b.:' placed~or permitted to remai^ which n!at' damage or
iuterFere tiith the installation and maintenance of utiliti.cs,
nr ~.~lii~.h ;r._.;, change tLe direction of flow of drainage
channels iu the case~nonts, or which may obstruct ur retard
the. flow of mater through drainage channels i^ the easement:;.
Tlr ~a:cmeut area of each Lot and all impru~ements in ..
Tli~i A'I~;~YARDS SU~Di~'ISION DECLARATION - _'^_
>;11Ii bC n: ,lLn~a lnC~CORti11l10USIy ti}' the (]wI1CT~I the I.ot~
._~I?i for thes
_ e improvements fur wl.ich a public authority or
.
~.itilitti ,c,mpan}~ is rrspensible. .A further eascune nts .-,
lzer~.{;ti- ret~recd in favor of the A ssociation far a ccess to and
;uai nt err,~nce ~f an irrigation fac- ilitics serving the C~~mm"ti
Ar%~a.
ARTICLE I%
GENERAL. PROVISIONS
. _ ;iuferccment. The :lssociatiou ~.n- an}~ Ow°ner, x1,,:11
N,a~.- th.' sight to enfcrce, Gy the proceeding at law or in
^qui tv, a71 restrictions. conditions, covenants-,
res-,~ation°, Ii.~n>. ,end cliarg~~s now or hereafter imp~~sed 1;1,-
iH~. provici~,nr. of this Declaration. Failure b}~ the
;1~:.ocial ic~~ o*_- b; an Owner to e°nforcc anq covenant or
restriction l~icrcin contained shall in no event he deemed a
~::ai~:^r ci the i;ht tr, do . .. thereaSter.
SeVC~ob~ IiTy
~~, ~,~-~~'~~- Invalidation iif any one of these
~,-cn:amts _: r<_;:triction~. by judgment or court order shall in
n<;~.ca=, affr~t anv oti~cr pwvisiou which shall remai^ in full
`c:;~_r sue ,~ff~^ct.
9.~ Iuteruretatien, The terms, covenants and
:~udifion<; hr,reof are to be read and interpreted consistently
and in .~ n:anucr lc pretest and promote Proper tp va lac s~.
- Term and Amendment. Tlae covenants and resiriction€
sT t;._.. Pec.laration shall run Witt; and band the laud, for .a
tcr~n _~f ta-cnt~- :~0) Scars from the date [his Dealarati~u .~
.~~_orded, after ~~.-hich time they shall be automatically
~. -e tend<.~~'. P~;r zu~~cessivc periods of ten CIO) }-ears unless an
ins:rumrut signed b}' seventy-five percent (75`,3) of the then
Ow~~~:-r:, of the Lctr. has been recorded, agreeing to change said
C CV~_uatl(.t in whsle ~r in part. This Declaration may be
.:r~.cr:etcd, .~:talcd, .cplaced, terminated or superseded during
tht fir " ~tu~enty- (~OJ :'car period by an instrument .,ignrd 6y
the P.rsidcn: and Se:retar}' of the Association affirnr.aig that
:uc.h amp-^dmrnt uas approved by tuo-thirds C^/~) of the ~~~,~ner
~;; li,. Lit.. co°:crcd by this ..eclaration or b7; an iustrutncnt
:,i~ne~d b~ twu-thirds (_/3) of the Lot Owners; provided,
h~.~c~_~;~ra, that if Grantor is still the Owner of any Lots the
pry, •:ii~~r:z ..f Article A'I may not be amended without the
.:rillcn a.nu:ent snd vote of the Grantor.
!^' "':T":ASS `.4'1-IER'_,.OP, the undersigned, being [luz Declarant
l~,cr . ir„ h-~ s hcr,~unto ar t its band and seal this
da; ~sf 199.
,flax A. Boesiger, Inc
an Idaho Corporation
Pa
Richard Boesigcr, '2. Prc~~~.
TIiI= ','I":L1'AP.L`S SL`13D.IVISION DGCI_ARITION -_3
STLT1~ OI~ TL!r'~I70
~'~~r;~t ~~ of .'~d s.
~~n this day of 199_. befvrc~ me
t!ir iu 9cr s~,~~:~-~. -i~~7 Put lie in a~~oi said hate.
I>:r ~I1. a,~pca~F•d RICIIaRD f'OI-SIGCR k~ioutl cr identified to
ii;o to ha thr ~~_r President of \fas :1. Eoesiger, Inc.. the
~;~r;~.~;: ~,cho e':ecutrd the insri~ument on behalf of said
.~.;ipnratiou, and cLnowledgcd tc ine that such corpora~on
:~~,c~iled the .>ame.
I': WIT*:LSS q'HERLOI', I have hereunto set m} Tru:d :and
^ff'i~ceP. ;n:~ official sisal, the da}~ and year in this
ccrtificstc !'irr.. a6u-;~° u~rit;en.
^(ctarti ['ublic fur Idaho
Residing at ^oise, Idaho
11~ Commission ?lzpires. _
Tlll: FISL~",~P.lls SC[111ICISIO".: DLCLAI2~TION - 21