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Application• ~ (~irE IDFZ IAN-- IDAHO / TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: March 19, 2013 Transmittal Date: March 5, 2013 File No.: FP 13-005 Hearing Date: March 26, 2013 Request: Final Plat approval consisting of twenty-three (23) single family lots & four (4) common/other lots on approximately 58.25 acres in an R-8 zoning district for Spurwing Challenge Subdivision By: The Club at Spurwing, LLC Location of Property or Project: northwest corner of Chinden Boulevard and N. Linder Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Macy Miller (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (IVo vaR, va,c, FP) Building Department/ Rick Jackson Fire Department Police Department City Attorney Community Development City Planner City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: Meridian School District (IVo FP> Meridian Post Office (FP/PP/sHP only> Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWest (FP/PP/SHP only) Intermountain Gas (FP/PP/sHP only> Idaho Transportation Dept. (IVo FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org 4 ~ s • [~E IDFZ IAN;=-- ~_.~ Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification STAFF USE ONLY: -'" ~ 6 ~ D File number(s): ~'~ r ~ ~ ^ Design Review ~" ~ 3 _ pp' ^ Development Agreement Modification 8 Final Plat ~ Project name: ' ^ Final Plat Modification ^ Planned Unit Development Date filed: Date co ete: ^ Preliminary Plat Assigned Planner: f3 Private Street Z ` «~ ^ Rezone Related files: ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date: ''Z. 3 ^ Commissions ^ Vacation (Council) ouncil ^ Variance ^ Other Applicant Information Applicant name: The Club at Spurwing, LLC Phone: 322 7300 Fax: 322 7307 Applicant address: 3405 East Overland Rd, Suite 150, Meridian Zip: 83642 E-mail: chris@sundanceco.com Applicant's interest in property: B Own ^ Rent ^ Optioned ^ Other Owner name: The Club at Spurwing, LLC Phone: 322 7300 Owner address: 3405 East Overland Rd, Suite 150, Meridian Zip: 83642 E-mail: Agent name (e.g., architect, engineer, developer, representative): Chuck Christensen Firm name: Quadrant Consulting, Inc. Phone: 342 0091 Address: 1904 W. Overland, Boise Primary contact is: ^ Applicant ^ Owner 8 Agent ^ Other Contact name: Contact address: Zip: 83705 E-mail: Fes: 322 7307 chris@sundanceco.com Fax: 342 0092 chuck@quadrant.cc Phone: Fax: Zip: E-mail: Subject Property Information Location/street address: 6800 North Spurwing Way Assessor's parcel number(s): i3d0 + ~~~~ ~~ Township, range, section: SeC 23, T4N, R 1 Current land use: Recreational/Agriculture 'Svc R~~65270/29, ~ 101o527b~to Total acreage: 1.2 Current zoning district: Medium Density Res. 33 F. Broadway Avenue. Suite 2]0 Meridian. Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancitq.org I (Rer. 7 / 29'l l) • • Project Description Project/subdivision name: Spurwing Challenge General description of proposed project/request: Final plat approval of 23 buildable lots and 3 other lots. Proposed zoning district(s): No change Acres of each zone roposed~ All medium density residential p Type of use proposed (check all that apply): 8 Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Approx 43 acres of Open Space Who will own & maintain the pressurized irrigation system in this development? Homeowners assoc. Which irrigation district does this property lie within? North Slough Primary irrigation source: North Slough Facilities Secondary: Groundwater Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): n/a Residential Project Summary (if applicable) Number of residential units: 23 Number of building lots: 26 Number of common and/or other lots: none Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: 23 Minimum square footage of structure(s) (excl. garage): Per Zone Proposed building height: per Zone Minimum property size (s.f): 17,525 Average property size (s.f.): 22,202 GLOSS denstty (DU/acre-total land): '38 Net density (DU/acre-excluding roads & alleys): •42 Percentage of open space provided: 70.6% Acreage of open space: 43.2 Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Recreational Type of dwelling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Mnlti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): ~ Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided Authorization Print aCrit name: ~ttt signature: A~n~f- Number of compact spaces provided: r~ Date: ~~ j~0 33 E. Broadway Avenue. Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Wcbsite: www.meridiancity.org 2 (Rer. l1~1911J • • ~~ ^^ Quadrant Consulting, Inc. January 16, 2013 Meridian City Planning Department 33 East Broadway Avenue Meridian, ID 83642 Re: Spurwing Challenge Final Plat Application To Whom It May Concern: The final plat application is attached to this document for your processing. The project owner has addressed the project conditions of approval as outlined below: Planning Department 1.1.1 a. Sewer has been extended to the property as required. b. The proposed project consists of 23 lots and a golf course. c. The required applications have been submitted. d. The application to vacate the right-of--way of existing N. Spurwing Way has been submitted and approved by the Meridian City Council. The application to exchange said right-of--way has also been submitted to ACHD and is currently being processed. e. The required dedication is part of this final plat. £ This requirement is associated with future development not included in this project. 1.2.1 Fencing requirements are noted. 1.2.2 The multi-use pathway consists of a 10' wide sidewalk parallel to Chinden Boulevard. This pathway is shown on the attached street plans. 1.2.3 No easement will be required. The pathway is inside the proposed Chinden right- of-way. 1.3.1 - 1.3.16 These conditions are fulfilled as shown on the attached development plans. 1.4.1 ~ Common open space will be maintained by the homeowners association. 1.4.2 All trees will be pruned as required. 1.4.3 The multi-use pathway will be owned and maintained by ITD. 1.5.1 No signs are included as part of this final plat application. 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying Meridian City Planning De~ merit January 16, 2013 ~ ~ Page 2 of 4 ^ ^ quadrant Consulting, Inc. 1.5.2 The attached final plat complies substantially with the approved preliminary plat. 1.5.3 Condition noted. 1.5.4 Condition noted. 1.6.1 The commercial portion of the project has been removed. 1.6.2 The landscape- buffer along Chinden has been shown, as required. The landscape buffer along N. Spurwing Way is no longer required, because it has been classified as a local street by ACHD. 1.6.3 Condition noted. 1.6.4 Condition noted. 1.6.5 CZC has been previously submitted. 1.6.6 Condition noted. 1.6.7 Condition noted. 1.6.8 Condition noted. Public Works Department 2.1 The required mains have been partially constructed. The attached plans show the additional mains to be constructed. 2.2 Plans have been submitted to United Water. 2.4 See condition 2.5 below. 2.5 Condition noted. All offsite mains are within the required easements. The onsite mains are inside the proposed right-of--way. 2.6 The proposed irrigation system is a year-round system. Surface water will be used during the irrigation season. Groundwater wells will be used to supply the system with irrigation water during the shoulder seasons. Copies of the proposed irrigation plans are attached for your reference. 2.7 Condition noted. 2.8 No domestic wells are located on the property. 2.9 The existing septic system will be abandoned in accordance with CDH requirements. 2.10 Condition noted. 2.11 Condition noted. 2.12 Condition noted. 2.13 Condition noted. 2.14 Condition noted. 2.15 Condition noted. 2.16 Condition noted. 2.17 Condition noted. 2.18 Condition noted. Meridian City Planning De~ ment January 16, 2013 Page 3 of 4 • ~~ ^ ^ quadrant Consulting, Inc, 2.19 The street centerline elevations are a minimum of 3-feet above the highest established peak groundwater elevations at the site. 2.20 Condition noted. ~~~,,'~1 2.21 Only ACHD seepage beds are proposed as part of this project. •~,: ~~~ST~ t~° A` 2.22 Condition noted. ° 2.23 Condition noted. . ~,} '4i J, k E ~~~ 1 _ i' 6 ~ ~~ ~ 2.24 Condition noted. ,<<a° . ~'• ~ 2.25 Condition noted. C' .~,,;~g ° ~ <~` ~' C~ 6'~ ~ ~!} ` • -may: 2.26 Condition noted. ~-~ 2.27 Meeting is currently being planned. 2.28 Plans are currently being review by United Water. 2.29 Condition noted. 2.30 Condition noted. Fire Department 3.1 No electric gates are currently proposed. 3.2 Condition noted. 3.3 Fire hydrant locations have been reviewed and approved by Meridian Fire Department. The locations are highlighted on the attached Exhibit A. 3.4 Condition noted. 3.5 Condition noted. Proposed turn around at the end of Island Green Court is shown on the attached street plans, Sheet 5-11. 3.6 Streets have been designed with these minimum requirements. 3.7 Streets have been designed with these minimum requirements. 3.8 Condition noted. 3.9 Condition noted. 3.10 Streets are a minimum of 35' wide. Overhead clearance will be met as required. Streets are designed to ACRD standards. 3.11 No commercial or office occupancies are proposed. 3.12 No speed bumps are proposed. 3.13 No landscape islands are proposed in the cul-de-sacs. Parks Department 4.1 Pathway as proposed is consistent with said requirement. 4.2 Pathway as proposed is consistent with said requirement. 4.3 Pathway as proposed is consistent with said requirement. Meridian City Planning Department January 16, 2013 Page 4 of 4 4.4 Pathway will be owned and maintained by ITD. 4.5 Pathway as proposed is consistent with said requirement. 4.6 Condition noted. 4.7 The pathway will be located inside ITD's right-of--way. Police Department ~~ ^^ quadrant Consulting, Inc. 5.1 Access to the existing Spurwing Subdivision will remain open at all times. Existing street will not be closed until after new street is constructed. Sanitary Service Company 6.1 Condition noted. Thanks for your attention. If you have any questions, please feel free to call me. Sincerely, QUADRANT CONSULTING, INC. Chuck Christensen, P.E. Project Manager attachments • ~ h~~ • N~ ~ ~ ~ n~~ ~~ ~ e~gB~e~ ~~ o ~ m ~~ I 1 ~__ ,~ =1` ~ < < < < I Q ° s 1`j `~ _ ~ ~~~ W ~;~i~~ r \ 1 < ~~ ~;'~ 1~ , ~? 1 <<}~ _; 1 ro -- ~~<;<i~ { 9 N ~ < (<5? 1 ~ 6 S' ~ r - - ~ ; j' 1 1 ~ ~{ 1 <) 1 ~i 1 I H ~ -- ~ 5' I 1 ~ ~~ ~~ < ? < < < 2 t~< ? << ,< <t 1., ~ SS<~ L1 R ' 1 <.' SC~~~ ~<~? N G 1 - ~i 1 _.._> ' a R I i I L' ~ ~ 1 ~, ~~ ~ m~ $ n°" ~ ^S t ~ ~ _. r / ? < ~ ~ ~ ~ '~ ~ ~S<. < 2`,25..x` .;.<S<< < m0 i ,.~. ~" a 1 ~ 1 I H ~ \ I , 1j~ ~ _ _ 1 z 'I e ; s lid - -T- ~ T -- W 1 r - - 1 ' - -r-~ 1 / - -~ I •va •ov~n .~ ° g~ ~ p~nGON Wo ~ G ~~~~~~~~~~~~~~ ~ ~ ~~ ~ F; ~~~~~~~~i~~~~~~~„~ ~ ~~ I~t<. • ~~ ^^ Quadrant Consulting, Inc. February 26, 2013 Meridian City Planning Department 33 East Broadway Avenue Meridian, ID 83642 Re: Vacation of the Existing N. Spurwing Way and Its Conversion to a Private Street To Whom It May Concern: With this letter we are submitting a private street application for the existing N. Spurwing Way. At this time, ACHD is processing an application to exchange the right-of--way of the existing N. Spurwing Way for the right-of--way for an extension of N. Long Lake Way, which is a few hundred feet to the east. This exchange will improve the functionality of the roadways and is being completed in cooperation with Idaho Transportation Department, the City of Meridian and the Ada County Highway District. The vacation of the existing N. Spurwing Way has previously been approved by the Meridian City Council. Thank you for your attention to this matter. If you have any questions, please let me know. Sincerely, QUADRANT CONSULTING, INC. Chuck Christensen, P.E. Project Manager attachments 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying • • ~~ ^^ 6~uadrant February 14, 2013 Consulting, Inc. SPURWING CHALLENGE SUBDIVISION A parcel of land being a portion of Lot 1, Block 1 of Brandt Subdivision, Book 59, Pages 5785- 5786, aportion of the vacated Right-of--Way of North Spurwing Way described in a warranty deed recorded as Instrument Number and all of Lot 1, Block 4 and Lot 1, Block 5, and portions of Lot 1, Block 3 and Lot 78, Block 1, of Spurwing Subdivision, Book 69, pages 7104-7108, records of Ada County, Idaho. Said parcel being located in a portion of the South'/z of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of said Section 23, from which the South'/4 corner of said Section 23 bears North 89°38'47" West 2629.97 feet, thence North 89°38'47" West 987.74 feet along the South line of said Section 23 to a point, thence leaving said South line North 00°21' 13" East 100.00 feet to the North Right-of--Way line of US Hwy 20/26 (West Chinden Boulevard) and the POINT OF BEGINNING, thence continuing along said North Right-of- Way line the following three courses: North 89°38'47" West 1505.58 feet, thence 272.58 feet along a curve to the right; said curve having a radius of 34277.38 feet, a delta angle of 0°27'20", and a chord bearing and distance of North 89°25'05" West 272.58 feet, thence North 89°11'23" West 456.43 feet to the West Right-of--Way of said North Spurwing Way, thence continuing along said West Right-of--Way the following five courses: North 00°48'56" East 109.84 feet, thence North 02°08'52" East 215.06 feet, thence North 00°48'56" East 417.11 feet, thence 96.47 feet along a curve to the left; said curve having a radius of 408.00 feet, a delta angle of 13°32'52", and a chord bearing and distance of North OS°57'29" West 96.25 feet, thence leaving said West Right-of--Way North 90°00'00" East 73.53 feet to the East Right-of--Way of said North Spurwing Way, thence 53.20 feet along anon-tangent curve to the right; said curve having a radius of 30.00 feet, a delta angle of 101°36'37", and a chord bearing and distance of North 40°00'47" East 46.50 feet to the South Right-of--Way line of North Penncross Way, thence continuing along said South Right-of- Way line the following two courses: South 89°10'59" East 94.87 feet (formerly 95.03 feet), thence 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 v~ww.quadrant.cc Civil Engineering Surveying • • ~~ ^ ^ Quadrant Consulting, Inc. 560.30 feet along a curve to the left; said curve having a radius of 375.00 feet, a delta angle of 85°36'29", and a chord bearing and distance of North 48°00'42" East 509.62 feet, thence leaving said South Right-of--Way line South 89°41'45" East 19.44 feet to the Center South 1/16th corner of said Section 23, thence continuing South 89°41'45" East 1698.15 feet along a portion of the boundary line of said Lot 78 and along the North line of said Lot 1, Block 1 of Brandt Subdivision to the Northwest corner of Lot 10, Block 1 of said Brandt Subdivision, thence South 00°48'23" West 903.94 feet to the Southwest corner of Lot 6, Block 1, said Brandt Subdivision, thence South 00°42'47" West 35.95 feet, thence North 89°41'25" West 50.71 feet, thence South 00°22' 17" West 282.60 feet to the said North Right-of--Way line of US Hwy 20/26 (West Chinden Boulevard) to the POINT OF BEGINNING. Said parcel contains 59.77 acres more or less. 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying ~ • WARRANTY DEED FOR VALUE RECEIVED, PACII~IC LINKS, LINIITED COMPANY, whose address is 200 North 4s' Street, Suite 203A, Boise; Idaho; 83702-6001 ("Grantor"), does hereby grant, bargain, sell. and convgy unto: THE CLUB: AT SPUR'V(~ING, LLC, an Idaho limited liability company ("Grantee"), .the following described real property located in Ada County, Idaho, together with all.rights, titles, and interests appurtenant thereto, (the "Property"), to wit:'. SEE EXHIBIT A, attached hereto and incorporated by this reference. SUBrECT TO taxes and assessments for the year 2012 and all subsequent years, together with any and. all existing easements, .rights-of--way, reservations, restrictions to any existing tenancies, to all zoning laws and ordinances, to any state of facts an inspection of the premises would show, and to the additional matters described in Exhibit B attached hereto and incorporated by this reference to the extent -the same are validly existing and applicable to .the Property (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD said Property, with its appurtenances unto Grantee, and .Grantee's successors and assigns .forever, and Grantor does hereby bind itself, its legal representatives and assigns to warrant and forever defend all and singular the title to the Property unto said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by~ or through Grantor but not otherwise, subject to the Permitted Encumbrances. IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of December, 2x12. GRANTOR: PACIFIC LINKS, LIMITED COMPANY, By: ~ Soh itt, u horized Member WARRANTY D~~D -Page 1 00433899.OOQ STATE OF IDAHO 5S. County of Ada ) . On this ~ay of December, 2012, before me, the undersigned Notary Public in and for said State, personally appeared 7vhn W. Hewitt, known or identified. to me to be a Member of PACIFIC LINKS, LIMITED COMPANY, and the company that executed the within instrument, or -the person who executed the instrument in behalf of said corporation, and acknowledged to me drat such corporation executed the same, . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _~ SHARYN HASTINGS Not Public ~~ Nafary Public ~Y _ 5tafe of Idaho My Commission xpires: - 2-8 ~ ~-~! ~? WARRANTY DEAD -Page 2 00433899.000 WAREANTY DEED -Page 3 OOA33899.000 WARRANTY DEED -Page 4 00433899.000 • • PARCELI A parcel of land being a portion of l.ot 78, Block 1. of Spurwing Subdivision, as xecorded in the office of the Ada County Recorder, Boise, Idaho as instrument number 95045763, lying in the South l/z of Section 23, T.4N., R1W., Boise Meridian, Ada County, Idaho and more pazticulazly described as follows: Commencing at a brass cap marking the South ~ corner of said Section 23; thence along the ` easterly-boundary of the SW y of the said Section 23 North 00°27'09" East 40:12 feet to a point marking a point of beginning of a curve on the northerly right-of-way line of State Highway 20, said point also being on the boundary of said Lot 78, said point being the REAL POINT OF BEGINNING; thence along the boundary of said Lot 78 and along the said northerlyright-of-way line along a curve to the left 33.00 feet, said curve having a central angle of 00°03' 19", a radius of 34337:4$ feet and a long chord bearing South 89°26'23" East 33.00 feet to a point of ending of curve; thence leaving said northerly right-of--way line and continuing along the boundary of said Lot 78 North 00°27'09" East 1281.06 feet to a brass cap; thence departing from said boundary of Lot 78 North 89°41'45" West 52.29 feet to a point on the boundary of said Lot 78 said point also being on the southeast right-of--way of North Penncross Way, said point being a point on a curve; thence along the boundary of said Lot 78 and along the right-of--way line of North Penncross Way 560.21 feet along said curve to the right, said curve having a central angle of 85°35'36", a radius of 375.00 feet, and a long chord bearing South 48°01'07" West 509.55 feet; thence North 89°10'59" West 94.87 feet to a point on a curve; thence along said curve to the left 53.20 feet, said curve having a central angle of 101°36'37", a radius of 30.00 feet and a long chord bearing South 40°00'47" West 46:50 feet to a point on the easterly right-of--way of North Spurwing Way, thence departing from said North Penncross Way right-of--way and continuing along the boundary of said Lot 78 and along the easterly right-of--way of North Spurwing Way on a reverse curve to the right 97.23 feet, said curve having a central angle of 11°36'20", a radius of 480.00 feet and a long chord bearing • South 04°59' 13" East 97.06 feet to a point of tangency; thence,. SouW 00°48'56" West 417.11 feet to a point; thence, South 00°31'00" East 215.06 feet to a point; thence, South 00°48'56 W est 108.00 feet to a point of curvature; thence along said curve to the left 78.54 feet, said curve having a central angle of 89°59'56", a radius of 50.00 feet and a long chord bearing South 44° 11'04" East 70.71 feet to a point of tangency on the said northerly right-of ;way line of State Highway 20; thence departing-from said easterlyright-of--way of North 5purwing Way and continuing along the boundary of said Lot 78 and also along said northerly right-of-way of State Highway 40 South 89°I 1'04" East 148.98 feet; thence, South 86°27'21" East 250.26 feet to a point on a carve; thence. along said curve to the left 61.93 feet, said curve having a central angle of 00°06' 12", a radius of 34337.48 feet and a long chord bearing South 89°21'37" East 61.93 feet to the POINT OF BEGINNING. Said parcel contains 553,079 square feet, more or less, and is subject to all existing easements of record and/or of use.. • PARCEL II A parcel of-land described in a deed recorded at the Ada County Recorder's office as instrument 101128387,on December 4, 2001, said parcel being a portion of Lot 1 of Block 1 of Brandt Subdivision, as recorded in Che office of the Ada County Recorder, Boise, Idaho lying in the Southeast'/a of Section 23, T.4N., R1W., Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an iron pin marking the Southwest corner of said Lot 1; thence along the west boundary of said Lot 1. North 00°27'09" East 801,06 feet (formerly North 00°26'41" East 800.88 feet) to the POINT OF BEGINNING; thence continuing along said west boundary North 00°2709" East (formerly North 00°26'41" East) 480.00-feet to an iron pin marking the Northwest corner of said Lot 1; thence alamg the North boundary of said Lot 1 . South 89°41'45"East (formerly South 89°42'59" East) 272.00 feet to a.point; thence leaving said North boundary along a line east of and parallel to said west boundary of Lot 1 South DO°27'09" West (formerly South 00°26'41" West) 480.00 feet to a point; thence along a line south of and parallel to said. north boundary of Lot 1 North $9°41'45" West (formerly North 89°42'59" West) 272.00 feet to the POINT OF BEGINNIIVG. .Said parcel contains 130,560 square feet, more or less, and is subject to all existing easements of record and/or of use. EXHIBIT B Permitted Encumbrances NONE WAIZRAN'.['Y DEED -Page 4 00433889.000 ._ .,__._,..._.._ . _ __.e..._._._...._._. .,_.._ ._.~ .. .... __ _____. ~...~ _..~._.~.._....__...~...., . as AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } COUNTY OF ADA ) Ro. ~ , t~' ,~:vif~tA+~ O Xflt~'A~-~---(address)- being first duly sworn upon, oath, dyand say: ~,.>+ •~ h;,,;,,,;~ des: fi,,. a+ «.^'vs:,~ 1. That I am the ~ of the property described on the attached, and I grant my permission to: G'uad~a-nf ~.Cy~rSN ~fi-rr~,srt ~~D~ ~.1. O~r~/a~c~ (name) (adds) j„~. v/.i~, 7D 83'70 to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend' and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of-the property which is the subject of the application. 3. I hereby grant permission to .City of Meridian staff to entea the subject property for the purpose of site inspections related to processing said application(s). ~~. Dated this ~~, day of S•{~~+h4 ~- ~~ (Signature) SUBSCRIBED AND SWORN to before me-.the day and.year first above written. v~ .,~ - i Residing at• ~1~~ ! 1vly Commission Expires:. Z~ 33 B Broadway Suite 210 • .Meridian, Idaho 83642 884-5533 • Facs3milc (208) 888-667$ • Website• www:meridianeity.org • Spurwing Challenge Subdivision http://66.192.184.147/imf/imfPrintMap.jsp?title=Spurwing Challenge Subdivision Page 1 of 1 1/16/2013 - ~ THIS MAP'NOT INTENDED FOR NAVIGATIONAL USE • Community Development nenartment Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 Parcel Verification Date: 2/25/13 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: SPURWING CHALLENGE SUBDIVISION Parcel #s: Portions of: 81065270129 88081770850 81065270110 Zip Code: 83646 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12 aws\ax-era x~o oaw.ands el-oeZ ,soy-,I ~ - X"J L6°°-ZK (WL) 3N°Nd l6°°-LK (PoL) awl ~ J~a~ Q1M~ soero •wvi '•x^e M saz •a•s 'w" w••s sa Dui '6uµ~nsuo~ lb'ld ,~adNiwn321d +u b u p n rTp add" ,~ .e "° i i 3~N3llbH~ ~NIM?!(1dS ~ ~ « ~"° i°" *. """ ~. ~~ ~~ ~e ~~ ~ ~~~ e ~ ~ ~ --~ , 8 ~~~~~t~~~~~~~~~~~~~~~~~ ~ s I i ~~~~~~~~~~~~~~~~~~~~~~~ ~ .~ ~ I II ICI ~ ~~ iI .....,go...~. ;pl~ ,: ~ I it lil I ' I ~ . I ~, I ~o ~' 4 ~ 1 )k ~+~,~ ~ I ~~ L1~ .~ i o~~ ~ I ~ ~~~~~ C~~ o a'" ~ I I ~ ~~a~~ 3~ 1 ~~~~ ~ o ~ I ~~.~f~: ~ lam. H s~ o a I ~ ,~ ~ j7~ ~I o '' I W h ® ~ ~ ``~ ~. _ ~ ~ ~ a ~~ I II ® 1'~ ~ I ~~ €I § ~ ~ ~ ~ fdl ti ~_ ~ ~ ~ -' I ~ ~ ---- - - ~ ~ ~ ~ ( n- ```~ , • I .R I = \ ~ ~~ R ~ ~ ~ ~ ~~~; ~ ~R~ ~ r -AST § ~~ ~''" ~T~-7,- 1~ -~ ~ ~ ,~ I I I ~ ZQ ^-~ ~ $' ~ ~ b `~ - __ ~ _~ a w ~ ~~~~ ~ggW 4 w~w~u~~rn ins c , • • 111 /t'1 Ao0. C3t~t~TY BTREET A E E~IAL~3A'TaO ~`~_.: ,~'I i ~ ~ -„ ~;i't~RWhIC~ Gf-IALi.I<T~IOE - R®W ~IAC11E?C~CI-IANGE `m ' and ''~ L fvleridian ~1 f F1 ~e 23 4N 1l1+1 The strut. name comr'nents listed below are made by the met~bers of the ADA CaLlf~TY STREET IAiE GOI~MITTE~ ender the direction of the Ada Gounty Assessor) regarding this development in accordance with the Ada bounty Street hlarrte Ordinance. Overall final street names are subject to change a# Final Plat phase levels due to design changes,. time restraints andlor previous recorded plat street alignments. THE Ft~LLC3 iRG EXa~'I~dG STREET ~A E5 SHALL APPEAR C3P! THE PLAT, W. CHI[~DE[~J BLV[~ ' "N. PENIVCRQSS WAY ~- ' N. SPtlRW[NG WAY,,,- THE Ft~LLQ iG #~Rt~P4SEG STREET NAAAES ARE REGCtM~lEP1~}ED >F®ll~ APIPRa1/AL; . LOfr1G LA[{E WAY FOLLC9 i to 'RCbP©SE~ Sl`REE°~ NAII~ES ARE RECtJiI~iUIE[UC2ECl FDR QEI~iAL; ~[. SPURWII~G WAY for new proposed right-of-way #o be d~dieated. The existing right-of--way for N Spurwing Way aligns with existing segments of N Sparing Way both north and south of W Ghinden Blvd. The proposed segment of right-of-way aligns with f~ Long Lake Way south of W Ghinden Blvd and should carry the same name. {Meridian Gift' C®de 8-Z°5{A)(6): Existing 1Varrres, Preference, Where the proposed street is on the same alrgnmenf, end fS c'3 CL}ntdrril$tlOn of r']n E?XPSting Street, ti7e nclrl7e Of tt?e exlstfng street SJTaI{ be applied. Where a street is on the same alignment but Is nat finked to an existing street, the commission upon recorrrrraendafion of the .Ada County haghway district, shall designate a name giving preference to existing narrres.) ~" ~ CEO ~RRE~°i'# TC`~ ~E ~,: '~C~TF.': IF I'ICEIZI° ,4C2E Cf)RRECTC~tiS AID CH.~NC,F-S RI;£'C)4i1bTE~II3ED. 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P sr, e.r :s I f;I7Y" t~F 3i~'.RII)41iti, t;~~ CfJI1~T'f, II3r1Hf} ~`a,; ~ ~ c s, .,~ t saa; ,a-cv~s ~.k • Parcel name: Overall Sub Bndy Feb2 North: 728401.29 Line Course: N 89-38-47 W North: 728410.58 Curve Length: 272.54 Delta: 0-27-20 Chord: 272.54 Course In: N 00-21-15 E RP North: 762687.31 End North: 728413.35 Line Course: N 89-11-23 W North: 728419.81 Line Course: N 00-48-56 E North: 728529.64 Line Course: N 02-08-52 E North: 728744.54 Line Course: N 00-48-56 E North: 729161.61 Curve Length: 96.47 Delta: 13-32-52 Chord: 96.25 Course In: N 89-11-03 W RP North: 729167.42 End North: 729257.34 Line Course: S 90-00-00 E North: 729257.34 Curve Length: 53.20 Delta: 101-36-37 Chord: 46.50 Course In: N 79-12-29 E RP North: 729262.96 End North: 729292.96 Line Course: S 89-10-59 E North: 729291.60 Curve Length: 560.30 Delta: 85-36-29 Chord: 509.62 Course In: N 00-48-56 E RP North: 729666.56 End North: 729632.53 Line Course: S 89-41-45 E North: 729632.43 Line Course: S 89-41-45 E North: 729623.41 Line Course: S 00-48-23 W North: 728719.56 Line Course: S 00-42-47 W North: 728683.61 Line Course: N 89-41-25 W North: 728683.89 Line Course: S 00-22-17 W North: 728401.29 East 2448421.13 Length: 1505.58 East 2446915.57 Radius: 34277.38 Tangent: 136.29 Course: N 89-25-05 W Course Out: S 00-48-35 W East 2447127.45 East 2446643.05 Length: 456.43 East 2446186.67 Length: 109.84 East 2446188.23 Length: 215.06 East 2446196.29 Length: 417.11 East 2446202.23 Radius: 408.00 Tangent: 48.46 Course: N 05-57-29 W Course Out: N 77-16-05 E East 2445794.27 East 2446192.24 Length: 73.53 East 2446265.77 Radius: 30.00 Tangent: 36.79 Course: N 40-00-47 E Course Out: N 00-49-06 E East 2446295.24 East 2446295.66 Length: 94.87 East 2446390.52 Radius: 375.00 Tangent: 347.30 Course: N 48-00-42 E Course Out: S 84-47-33 E East 2446395.86 East 2446769.31 Length: 19.44 East 2446788.75 Length: 1698.15 East 2448486.88 Length: 903.94 East 2448474.16 Length: 35.95 East 2448473.71 Length: 50.71 East 2448423.00 Length: 282.60 East 2448421.17 Perimeter: 6845.75 Area: 2,603,380 Sq Ft 59.77 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.04 Course: N 89-37-02 E Error North: 0.000 East 0.045 Precision 1: 171,143.00 • Parcel name: BLOCKI LOTl North: 729103.91 Line Course: N 00-49-11 E North: 729160.65 Curve Length: 97.23 Delta: i1-36-20 Chord: 97.06 Course In: N 89-11-03 W RP North: 729167.48 End North: 729257.34 Curve Length: 53.20 Delta: 101-36-37 Chord: 46.50 Course In: N 79-12-29 E RP North: 729262.96 End North: 729292.95 Line Course: S 89-10-59 E North: 729291.60 Curve Length: 13.56 Delta: 2-04-16 Chord: 13.55 Course In: N 00-48-56 E RP North: 729666.56 End North: 729291.65 Line Course: S 00-12-42 W North: 729105.10 Line Course: S 89-28-32 W North: 729103.91 East 244627 Length: 56.74 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 94.87 East Radius: Tangent: Course: Course Out: East East Length: 186.55 East Length: 130.00 East 3.35 2446274.16 480.00 48.78 N 04-59-13 W N 79-12-37 E 2445794.21 2446265.73 30.00 36.79 N 40-00-47 E N 00-49-06 E 2446295.20 2446295.62 2446390.48 375.00 6.78 N 89-46-48 E S 01-15-20 E 2446395.82 2446404.04 2446403.35 2446273.36 Perimeter: 632.14 Area: 24,723 Sq Ft 0.57 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 58-32-00 E Error North: 0.002 East 0.003 Precision 1: 632,150,000.00 Parcel name: BLOCKI LOT2 North: 728948.89 Line Course: N 00-48-56 E North: 729103.91 Line Course: N 89-28-32 E North: 729105.10 Line Course: S 07-27-35 E North: 728950.28 Line Course: S 89-28-32 W North: 728948.89 East 2446271.14 Length: 155.04 East 2446273.35 Length: 130.00 East 2446403.35 Length: 156.14 East 2446423.62 Length: 152.48 East 2446271.14 Perimeter: 593.66 Area: 21,892 Sq Ft 0.50 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 86-47-41 W Error North: 0.000 East -0.001 Precision l: 593,660,000.00 Parcel name: BLOCKI LOT3 • North: 728828.40 Line Course: N 00-48-56 E North: 728948.88 Line Course: N 89-28-32 E North: 728950.28 Line Course: S 00-48-28 W North: 728810.25 Line Course: S 89-28-32 W North: 728809.04 Line Course: N 46-00-47 W North: 728828.39 East 2446269.43 Length: 120.50 East 2446271.15 Length: 152.48 East 2446423.62 Length: 140.04 East 2446421.65 Length: 132.17 East 2446289.48 Length: 27.86 East 2446269.44 Perimeter: 573.05 Area: 21,149 Sq Ft 0.49 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 51-54-51 E Error North: -0.004 East 0.005 Precision 1: 57,305.00 Parcel name: BLOCKI LOT4 North: 728668.48 Line Course: N 00-31-28 W North: 728811.36 Curve Length: 10.86 Delta: 31-06-36 Chord: 10.73 Course In: N 30-35-08 E RP North: 728828.57 End North: 728808.58 Line Course: N 89-28-32 E North: 728808.69 Curve Length: 30.95 Delta: 88-40-06 Chord: 27.95 Course In: N 00-30-57 W RP North: 728828.69 End North: 728828.40 Line Course: S 46-00-47 E North: 728809.05 Line Course: N 89-28-32 E North: 728810.26 Line Course: S 00-38-26 E North: 728670.27 Line Course: S 89-28-32 W North: 728668.49 East 244622 Length: 142.88 East Radius: Tangent: Course: Course Out: East East Length: 12.13 East Radius: Tangent: Course: Course Out: East East Length: 27.86 East Length: 132.17 East Length: 140.00 East Length: 194.78 East 8.44 2446227.13 20.00 5.57 S 74-58-10 E S 00-31-28 E 2446237.31 2446237.49 2446249.62 20.00 19.54 N 45-09-00 E S 89-11-03 E 2446249.44 2446269.44 2446289.48 2446421.65 2446423.21 2446228.44 Perimeter: 691.62 Area: 27,539 Sq Ft 0.63 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 24-08-44 E Error North: 0.005 East 0.002 Precision 1: 69,163.00 Parcel name: BLOCKI LOT5 North: 728518.11 East 2446188.03 Line Course: N 00-48-56 E Length: 11.53 North: 728529.64 East 2446188.19 Line Course: N 02-08-52 E Length: 215.06 u North: 728744.54 Line Course: N 00-48-56 E North: 728829.18 Line Course: S 89-08-19 E North: 728828.88 Curve Length: 21.04 Delta: 60-16-59 Chord: 20.09 Course In: S 89-07-53 E RP North: 728828.57 End North: 728811.36 Line Course: S 00-31-28 E North: 728668.48 Line Course: N 89-28-32 E North: 728670.27 Line Course: S 00-42-19 E North: 728580.27 Line Course: S 44-25-03 W North: 728519.72 Line Course: S 89-28-32 W North: 728518.10 East 2446196.25 Length: 84.64 East 2446197.45 Length: 19.86 East 2446217.31 Radius: 20.00 Tangent: 11.61 Course: S 29-16-22 E Course Out: S 30-35-08 W East 2446237.31 East 2446227.13 Length: 142.88 East 2446228.44 Length: 194.78 East 2446423.21 Length: 90.00 East 2446424.32 Length: 84.77 East 2446364.99 Length: 176.97 East 2446188.03 Perimeter: 1041.52 Area: 38,222 Sq Ft 0.88 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 61-51-21 E Error North: -0.002 East 0.004 Precision 1: 1,041,530,000.00 Parcel name: BLOCKI LOT6 North: 728419.81 Line Course: N 00-48-56 E North: 728518.11 Line Course: N 89-28-32 E North: 728519.73 Line Course: N 44-25-03 E North: 728580.27 Line Course: N 00-42-19 W North: 728670.27 Line Course: N 00-38-26 W North: 728810.26 Line Course: N 00-48-28 E North: 728950.28 Line Course: N 07-27-35 W North: 729105.10 Line Course: N 00-12-42 E North: 729291.50 Curve Length: 124.28 Delta: 18-59-21 Chord: 123.71 Course In: N 01-19-14 W RP North: 729666.40 End North: 729314.72 Line Course: S 77-46-01 E North: 729307.71 Line Course: S 41-03-54 E North: 729200.86 Curve Length: 116.44 Delta: 19-58-26 Chord: 115.85 Course In: N 48-56-06 E RP North: 729420.26 End North: 729128.03 East 2446186.63 Length: 98.31 East 2446188.03 Length: 176.97 East 2446364.99 Length: 84.77 East 2446424.32 Length: 90.00 East 2446423.21 Length: 140.00 East 2446421.64 Length: 140.04 East 2446423.62 Length: 156.14 East 2446403.35 Length: 186.40 East 2446404.04 Radius: 375.00 Tangent: 62.72 Course: N 79-11-06 E Course Out: S 20-18-35 E East 2446395.39 East 2446525.55 Length: 33.08 East 2446557.88 Length: 141.72 East 2446650.98 Radius: 334.00 Tangent: 58.81 Course: S 51-03-07 E Course Out: S 28-57-40 W East 2446902.81 East 2446741.08 • • Curve Length: 359.45 Radius: 323.00 Delta: 63-45-42 Tangent: 200.90 Chord: 341.19 Course: S 29-09-29 E Course In: S 28-57-40 W Course Out: S 87-16-38 E RP North: 728845.42 East 2446584.68 End North: 728830.08 East 2446907.31 Line Course: S 02-43-22 W Length: 61.65 North: 728768.50 East 2446904.38 Curve Length: 158.48 Radius: 275.00 Delta: 33-O1-05 Tangent: 81.51 Chord: 156.29 Course: S 19-13-55 W Course In: N 87-16-38 W Course Out: S 54-15-33 E RP North: 728781.56 East 2446629.69 End North: 728620.93 East 2446852.90 Curve Length: 129.13 Radius: 207.00 Delta: 35-44-27 Tangent: 66.74 Chord: 127.04 Course: S 17-52-14 W Course In: S 54-15-33 E Course Out: N 90-00-00 W RP North: 728500.02 East 2447020.92 End North: 728500.02 East 2446813.92 Line Course: S 00-00-00 W Length: 88.65 North: 728411.37 East 2446813.92 Curve Length: 170.83 Radius: 34277.38 Delta: 0-17-08 Tangent: 85.46 Chord: 170.83 Course: N 89-19-59 W Course In: N 00-31-27 E Course Out: S 00-48-35 W RP North: 762687.31 East 2447127.50 End North: 728413.36 East 2446643.09 Line Course: N 89-1i-23 W Length: 456.43 North: 728419.81 East 2446186.71 Perimeter: 2912.84 Area: 380,413 Sq Ft 8.73 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.08 Course: N 87-35-48 E Error North: 0.003 East 0.083 Precision l: 36,409.63 Parcel name: BLOCKI LOT7 North: 728829.17 Line Course: N 00-48-56 E North: 729161.61 Curve Length: 96.47 Delta: 13-32-52 Chord: 96.25 Course In: N 89-11-03 W RP North: 729167.42 End North: 729257.34 Line Course: S 90-00-00 E North: 729257.34 Curve Length: 97.23 Delta: 11-36-20 Chord: 97.06 Course In: S 79-12-37 W RP North: 729167.48 End North: 729160.64 Line Course: S 00-48-56 W North: 728828.40 Curve Length: 30.95 Delta: 88-40-03 Chord: 27.95 Course In: N 89-11-00 W RP North: 728828.68 East 2446197.46 Length: 332.47 East Radius: Tangent: Course: Course Out: East East 2446202.19 408.00 48.46 N 05-57-29 W N 77-16-05 E 2445794.23 2446192.20 Length: 73.53 East Radius: Tangent: Course: Course Out: East East 2446265.73 480.00 48.78 S O4-59-13 E S 89-11-03 E 2445794.21 2446274.16 Length: 332.28 East Radius: Tangent: Course: Course Out: East 2446269.43 20.00 19.54 S 45-09-02 W S 00-30-57 E 2446249.44 • End North: 728808.68 Line Course: S 89-28-32 W North: 728808.57 Curve Length: 31.90 Delta: 91-23-35 Chord: 28.63 Course In: N 00-31-28 W RP North: 728828.57 End North: 728828.88 Line Course: N 89-08-19 W North: 728829.17 East 2446249.62 Length: 12.13 East Radius: Tangent: Course: Course Out: East East 2446237.49 20.00 20.49 N 44-49-40 W N 89-07-53 W 2446237.30 2446217.31 Length: 19.86 East 2446197.45 Perimeter: 1026.81 Area: 31,771 Sq Ft 0.73 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 78-58-55 W Error North: 0.001 East -0.007 Precision 1: 102,682.00 Parcel name: BLOCK2 LOT1 North: 728827.94 Line Course: N 02-43-22 E North: 728955.36 Line Course: S 87-16-38 E North: 728948.19 Line Course: S 01-01-06 E North: .728816.67 Curve Length: 47.65 Delta: 8-53-32 Chord: 47.60 Course In: S 11-36-54 W RP North: 728515.95 End North: 728822.61 Line Course: N 87-16-38 W North: 728827.94 East 244698 Length: 127.57 East Length: 151.06 East Length: 131.54 East Radius: Tangent: Course: Course Out: East East Length: 112.19 East 7.29 2446993.35 2447144.24 2447146.58 307.00 23.87 N 82-49-52 W N 02-43-22 E 2447084.77 2447099.36 2446987.29 Perimeter: 570.02 Area: 19,862 Sq Ft 0.46 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 82-28-39 W Error North: 0.000 East -0.002 Precision 1: 570,010,000.00 Parcel name: BLOCK2 LOT2 North: 728816.67 Line Course: N 01-01-06 W North: 728948.19 Line Course: S 74-52-48 E North: 728904.76 Line Course: S 02-22-15 E North: 728780.30 Curve Length: 112.49 Delta: 23-26-11 Chord: 111.70 Course In: N 01-20-38 W RP North: 729055.22 End North: 728800.41 Curve Length: 56.14 Delta: 10-28-39 East 244714 Length: 131.54 East Length: 166.48 East Length: 124.57 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: 6.58 2447144.25 2447304.96 2447310.12 275.00 57.04 N 79-37-32 W S 22-05-33 W 2447303.67 2447200.24 307.00 28.15 • Chord: 56.06 Course: N 73-08-46 W Course In: S 22-05-33 W Course Out: N 11-36-54 E RP North: 728515.95 East 2447084.77 End North: 728816.67 East 2447146.58 Perimeter: 591.23 Ar ea: 21,335 Sq Ft 0 .49 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 20-30-57 E Error North: 0.000 East 0.000 Precision 1: 591,220,000 .00 Parcel name: BLOCK2 LOT3 North: 728780.30 Line Course: N 02-22-15 W North: 728904.76 Line Course: N 71-18-00 E North: 728949.18 Line Course: S 03-38-22 E North: 728816.66 Curve Length: 14.32 Delta: 1-18-47 Chord: 14.32 Course In: S 22-29-46 E RP North: 728239.22 End North: 728811.03 Line Course: S 66-11-27 W North: 728803.62 Curve Length: 107.83 Delta: 22-27-55 Chord: 107.14 Course In: N 23-48-33 W RP North: 729055.22 End North: 728780.30 East 2447310.12 Length: 124.57 East 2447304.96 Length: 138.55 East 2447436.20 Length: 132.79 East Radius: Tangent: Course: Course Out: East East 2447444.63 625.00 7.16 S 66-50-51 W N 23-48-33 W 2447683.77 2447431.46 Length: 18.34 East Radius: Tangent: Course: Course Out: East East 2447414.68 275.00 54.61 S 77-25-24 W S 01-20-38 E 2447303.66 2447310.11 Perimeter: 536.41 Area: 18,056 Sq Ft 0.41 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 57-08-00 W Error North: -0.001 East -0.002 Precision 1: 536,400,000.00 Parcel name: BLOCK2 LOT4 North: 728816.66 Line Course: N 03-38-22 W North: 728949.18 Line Course: N 75-49-52 E North: 728983.44 Line Course: S 03-16-45 E North: 728855.41 Curve Length: 140.35 Delta: 12-51-58 Chord: 140.05 Course In: S 09-37-48 E RP North: 728239.21 End North: 728816.66 East 244744 Length: 132.79 East Length: 139.94 East Length: 128.24 East Radius: Tangent: Course: Course Out: East East 4.63 2447436.20 2447571.88 2447579.22 625.00 70.47 S 73-56-13 W N 22-29-46 W 2447683.77 2447444.64 Perimeter: 541.31 Area: 17,525 Sq Ft 0.40 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 39-40-34 E Error North: -0.005 East 0.004 Precision 1: 54,132.00 Parcel name: BLOCK2 LOT5 North: 728859.49 Line Course: N 03-16-45 W North: 728989.09 Line Course: N 84-07-15 E North: 729002.53 Line Course: S 08-04-00 E North: 728871.96 Line Course: S 85-09-i1 W North: 728861.98 Curve Length: 24.06 Delta: 2-12-21 Chord: 24.06 Course In: S O4-50-49 E RP North: 728239.22 End North: 728859.49 East 2447607.03 Length: 129.81 East 2447599.60 Length: 131.21 East 2447730.12 Length: 131.87 East 2447748.63 Length: 118.09 East Radius: Tangent: Course: Course Out: East East 2447630.96 625.00 12.03 S 84-03-00 W N 07-03-10 W 2447683.77 2447607.03 Perimeter: 535.05 Area: 17,838 Sq Ft 0.41 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 74-10-29 E Error North: 0.000 East 0.001. Precision 1: 535,040,000.00 Parcel name: BLOCK2 LOT6 North: 728871.96 Line Course: N 08-04-00 W North: 729029.20 Line Course: N 71-34-42 E North: 729064.99 Line Course: S 30-31-11 E North: 728923.16 Curve Length: 167.43 Delta: 25-34-52 Chord: 166.04 Course In: N 30-25-41 W RP North: 729246.51 End North: 728872.85 Line Course: S 85-09-11 W North: 728871.96 East 244774 Length: 158.81 East Length: 113.26 East Length: 164.64 East Radius: Tangent: Course: Course Out: East East Length: 10.59 East 8.63 2447726.34 2447833.80 2447917.41 375.00 85.13 S 72-21-45 W S O4-50-49 E 2447727.49 2447759.17 2447748.62 Perimeter: 614.73 Area: 24,184 Sq Ft 0.56 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 57-36-26 W Error North: -0.004 East -0.007 Precision 1: 61,473.00 Parcel name: BLOCK2 LOT7 North: 728923.17 East 2447917.41 Line Course: N 30-31-11 W North: 729065.00 Line Course: N 43-22-23 E North: 729148.89 Line Course: S 55-49-51 E North: 729055.71 Curve Length: 70.64 Delta: 10-47-36 Chord: 70.54 Course In: N 59-24-57 W RP North: 729246.51 End North: 728998.63 Line Course: N 70-04-12 W North: 729000.28 Line Course: S 41-59-19 W North: 728995.82 Line Course: S 26-41-01 E North: 728991.53 Curve Length: 109.52 Delta: 16-44-00 Chord: 109.13 Course In: N 47-09-41 W RP North: 729246.51 End North: 728923.16 Length: 164.64 East Length: 115.41 East Length: 165.90 East Radius: Tangent: Course: Course Out: East East Length: 4.84 East Length: 6.00 East Length: 4.80 East Radius: Tangent: Course: Course Out: East East 2447833.80 2447913.06 2448050.32 375.00 35.43 S 35-58-51 W S 48-37-21 E 2447727.49 2448008.88 2448004.33 2448000.32 2448002.47 375.00 55.15 S 51-12-19 W S 30-25-41 E 2447727.49 2447917.41 Perimeter: 641.75 Area: 25,880 Sq Ft 0.59 Ac. U Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 27-32-00 E Error North: -0.007 East 0.004 Precision 1: 64,175.00 Parcel name: BLOCK2 LOTS North: 729055.72 Line Course: N 55-49-51 W North: 729148.89 Line Course: N 15-59-26 E North: 729262.24 Line Course: S 68-19-46 E North: 729211.42 Curve Length: 68.77 Delta: 71-38-24 Chord: 64.38 Course In: S 68-45-01 E RP North: 729191.49 End North: 729149.12 Curve Length: 101.64 Delta: 15-31-46 Chord: 101.33 Course In: N 74-56-43 W RP North: 729246.52 End North: 729055.72 East 2448050.32 Length: 165.90 East 2447913.06 Length: 117.91 East 2447945.54 Length: 137.61 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East 2448073.42 55.00 39.70 S 14-34-13 E S 39-36-35 W 2448124.68 2448089.62 375.00 51.13 S 22-49-10 W S 59-24-57 E 2447727.49 2448050.32 Perimeter: 591.82 Area: 21,592 Sq Ft 0.50 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 05-03-35 W Error North: 0.004 East -0.000 Precision 1: 591,830,000.00 • Parcel name: BLOCK2 LOT9 North: 729211.42 Line Course: N 68-19-46 W North: 729262.23 Line Course: N 35-39-39 E North: 729322.18 Line Course: N 53-50-29 E North: 729368.96 Line Course: N 71-56-17 E North: 729391.46 Line Course: S 09-01-25 E North: 729242.51 Curve Length: 87.03. Delta: 90-40-01 Chord: 78.23 Course In: S 21-55-00 W RP North: 729191.48 End North: 729211.41 East 244807 Length: 137.61 East Length: 73.78 East Length: 79.29 East Length: 72.56 East Length: 150.82 East Radius: Tangent: Course: Course Out: East East 3.42 2447945.54 2447988.55 2448052.57 2448121.56 2448145.21 55.00 55.64 S 66-35-00 W N 68-45-01 W 2448124.68 2448073.42 Perimeter: 601.10 Area: 20,959 Sq Ft 0.48 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 41-06-33 W Error North: -0.005 East -0.004 Precision 1: 60,109.00 Parcel name: BLOCK2 LOT10 North: 729242.51 Line Course: N 09-01-25 W North: 729391.46 Line Course: S 77-28-36 E North: 729371.33 Line Course: S 53-12-22 E North: 729326.23 Line Course: S 34-18-05 E North: 729279.94 Line Course: S 00-29-52 E North: 729218.44 Line Course: S 79-03-33 W North: 729194.27 Curve Length: 62.57 Delta: 65-10-47 Chord: 59.25 Course In: S 87-05-47 W RP North: 729191.49 End North: 729242.51 East 2448145.21 Length: 150.82 East 2448121.56 Length: 92.83 East 2448212.18 Length: 75.31 East 2448272.49 Length: 56.03 East 2448304.06 Length: 61.51 East 2448304.60 Length: 127.30 East 2448179.61 Radius: 55.00 Tangent: 35.16 Course: N 35-29-37 W Course Out: N 21-55-00 E East 2448124.68 East 2448145.21 Perimeter: 626.36 Area: 24,150 Sq Ft 0.55 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 32-53-58 W Error North: 0.003 East -0.002 Precision 1: 626,370,000.00 Parcel name: BLOCK2 LOT11 North: 729079.26 East 2448118.20 Curve Length: 62.42 Radius: 425.00 Delta: 8-24-53 Tangent: 31.27 • Chord: 62.36 Course In: N 66-49-32 W RP North: 729246.52 End North: 729138.24 Curve Length: 75.25 Delta: 78-23-33 Chord: 69.52 Course In: N 14-30-40 W RP North: 729191.49 End North: 729194.27 Line Course: N 79-03-33 E North: 729218.43 Line Course: S 06-05-32 W North: 729147.68 Line Course: S 13-35-18 W North: 729070.20 Line Course: S 20-14-05 W North: 729019.46 Line Course: N 67-04-47 W North: 729079.26 Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 127.30 East Length: 71.15 East Length: 79.72 East Length: 54.07 East Length: 153.54 East Perimeter: 623.44 Area: 22,958 Sq Ft 0.53 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 34-08-23 E Error North: -0.006 East 0.004 Precision 1: 62,345.00 Parcel name: BLOCK2 LOT12 North: 728969.16 Curve Length: 130.28 Delta: 17-33-50 Chord: 129.77 Course In: N 49-15-42 W RP North: 729246.52 End North: 729079.26 Line Course: S 67-04-47 E North: 729019.47 Line Course: S 26-57-27 W North: 728947.05 Line Course: S 34-36-42 W North: 728887.13 Line Course: S 40-46-47 W North: 728848.24 Line Course: N 44-04-24 W North: 728949.84 Line Course: N 00-02-04 W North: 728969.16 East Radius: Tangent: Course: Course Out: East East Length: 153.54 N 18-58-02 E S 75-14-25 E 2447727.49 2448138.47 55.00 44.85 N 36-17-33 E N 87-05-47 E 2448124.68 2448179.61 2448304.60 2448297.05 2448278.32 2448259.62 2448118.20 2448049.51 425.00 65.66 N 31-57-23 E S 66-49-32 E 2447727.49 2448118.20 East 2448259.61 Length: 81.25 East 2448222.78 Length: 72.80 East 2448181.43 Length: 51.36 East 2448147.88 Length: 141.41 East 2448049.52 Length: 19.32 East 2448049.51 Perimeter: 649.97 Area: 26,628 Sq Ft 0.61 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 07-19-32 W Error North: -0.003 East -0.000 Precision l: 649,960,000.00 Parcel name: BLOCK2 LOT13 North: 729372.63 East 2446628.69 Curve Length: 303.72 Radius: 375.00 • Delta: 46-24-17 Chord: 295.48 Course In: N 38-23-16 W RP North: 729666.56 End North: 729632.52 Line Course: S 89-41-45 E North: 729623.41 Line Course: S 00-48-23 W North: 728719.56 Line Course: S 00-42-47 W North: 728683.61 Line Course: N 89-41-25 W North: 728683.88 Line Course: S 00-22-17 W North: 728683.48 Line Course: N 76-06-56 W North: 728702.09 Curve Length: 153.79 Delta: 32-02-32 Chord: 151.80 Course In: N 13-53-04 E RP North: 728969.05 End North: 728777.77 Line Course: N 44-04-24 W North: 728848.24 Line Course: N 40-46-47 E North: 728887.13 Line Course: N 34-36-42 E North: 728947.05 Line Course: N 26-57-27 E North: 729019.47 Line Course: N 20-14-05 E North: 729070.20 Line Course: N 13-35-18 E North: 729147.69 Line Course: N 06-05-32 E North: 729218.44 Line Course: N 00-29-52 W North: 729279.95 Line Course: N 34-18-05 W North: 729326.23 Line Course: N 53-12-22 W North: 729371.34 Line Course: N 77-28-36 W North: 729391.47 Line Course: S 71-56-17 W North: 729368.97 Line Course: S 53-50-29 W North: 729322.19 Line Course: S 35-39-39 W North: 729262.24 Line Course: S 15-59-26 W North: 729148.90 Line Course: S 43-22-23 W North: 729065.00 Line Course: S 71-34-42 W North: 729029.21 Line Course: S OS-04-00 E North: 729002.54 Line Course: S 84-07-15 W North: 728989.10 Line Course: S 03-16-45 E North: 728859.50 Curve Length: 28.11 Delta: 2-34-38 Chord: 28.11 Course In: S 07-03-10 E Tangent: 160.74 Course: N 28-24-36 E Course Out: S 84-47-33 E East 2446395.82 East 2446769.27 Length: 1717.59 East 2448486.84 Length: 903.94 East 2448474.12 Length: 35.95 East 2448473.67 Length: 50.71 East 2448422.96 Length: 0.40 East 2448422.96 Length: 77.53 East 2448347.69 Radius: 275.00 Tangent: 78.96 Course: N 60-05-40 W Course Out: S 45-55-36 W East 2448413.68 East 2448216.11 Length: 98.09 East 2448147.88 Length: 51.36 East 2448181.43 Length: 72.80 East 2448222.78 Length: 81.25 East 2448259.61 Length: 54.07 East 2448278.31 Length: 79.72 East 2448297.04 Length: 71.15 East 2448304.59 Length: 61.51 East 2448304.06 Length: 56.03 East 2448272.48 Length: 75.31 East 2448212.17 Length: 92.83 East 2448121.55 Length: 72.56 East 2448052.57 Length: 79.29 East 2447988.55 Length: 73.78 East 2447945.54 Length: 117.91 East 2447913.06 Length: 115.41 East 2447833.80 Length: 113.26 East 2447726.34 Length: 26.94 East 2447730.12 Length: 131.21 East 2447599.60 Length: 129.81 East 2447607.03 Radius: 625.00 Tangent: 14.06 Course: S 81-39-31 W Course Out: N 09-37-48 W • • RP North: 728239.23 End North: 728855.42 Line Course: N 03-16-45 W North: 728983.45 Line Course: S 75-49-52 W North: 728949.20 Line Course: S 71-18-00 W North: 728904.78 Line Course: N 74-52-48 W North: 728948.20 Line Course: N 87-16-38 W North: 728955.38 Line Course: 5 02-43-22 W North: 728827.95 Line Course: N 87-16-38 W North: 728828.93 Line Course: N 35-00-40 W North: 728841.56 Line Course: N 02-43-22 E North: 728845.40 Curve Length: 389.64 Delta: 59-13-O1 Chord: 372.53 Course In: N 87-16-38 W RP North: 728863.30 End North: 729177.66 Line Course: N 32-40-41 W North: 729193.92 Line Course: N 57-22-55 W North: 729209.56 Line Course: N 74-17-15 W North: 729215.76 Curve Length: 42.66 Delta: 9-i1-21 Chord: 42.62 Course In: N 39-44-45 E RP North: 729420.28 End North: 729245.54 Line Course: N 41-03-54 W North: 729336.03 Line Course: N 08-12-20 E North: 729372.64 East 2447683.77 East 2447579.21 Length: 128.24 East 2447571.88 Length: 139.94 East 2447436.20 Length: 138.55 East 2447304.96 Length: 166.48 East 2447144.24 Length: 151.06 East 2446993.35 Length: 127.57 East 2446987.29 Length: 20.56 East 2446966.76 Length: 15.42 East 2446957.91 Length: 3.84 East 2446958.09 Radius: 377.00 Tangent: 214.24 Course: N 26-53-09 W Course Out: N 33-30-21 E East 2446581.52 East 2446789.63 Length: 19.32 East 2446779.20 Length: 29.02 East 2446754.76 Length: 22.88 East 2446732.73 Radius: 266.00 Tangent: 21.38 Course: N 45-39-35 W Course Out: S 48-56-06 W East 2446902.81 East 2446702.25 Length: 120.01 East 2446623.42 Length: 36.99 East 2446628.70 Perimeter: 6478.22 Area: 1,067,227 Sq Ft 24.50 Ac. J Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 33-05-47 E Error North: 0.012 East 0.008 Precision 1: 647,821.00 Parcel name: BLOCK3 LOT1 North: 728583.26 Line Course: N 25-27-59 W North: 728733.35 Curve Length: 89.90 Delta: 15-50-58 Chord: 89.62 Course In: N 07-57-35 W RP North: 729055.22 End North: 728757.88 Line Course: N 66-11-27 E North: 728765.28 Curve Length: 49.00 East 244742 Length: 166.24 East Radius: Tangent: Course: Course Out: East East Length: 18.34 East Radius: 0.15 2447348.67 325.00 45.24 N 74-06-56 E S 23-48-33 E 2447303.67 2447434.87 2447451.65 575.00 • Delta: 4-52-56 Chord: 48.98 Course In: S 23-48-33 E RP North: 728239.22 End North: 728783.13 Line Course: S 23-56-01 E North: 728633.97 Line Course: S 70-30-53 W North: 728583.26 Tangent: 24.51 Course: N 68-37-55 E Course Out: N 18-55-37 W East 2447683.77 East 2447497.26 Length: 163.19 East 2447563.46 Length: 152.02 East 2447420.15 Perimeter: 638.69 Area: 24,824 Sq Ft 0.57 Ac. LJ Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 75-44-58 W Error North: -0.001 East -0.003 Precision l: 638,690,000.00 Parcel name: BLOCKS LOT2 North: 728633.97 Line Course: N 23-56-01 W North: 728783.13 Curve Length: 133.98 Delta: 13-21-01 Chord: 133.68 Course In: S 18-55-37 E RP North: 728239.22 End North: 728811.50 Line Course: S 16-51-24 E North: 728655.23 Line Course: S 79-13-43 W North: 728633.97 East 244756 Length: 163.19 East Radius: Tangent: Course: Course Out: East East Length: 163.28 East Length: 113.78 East 3.46 2447497.26 575.00 67.30 N 77-44-54 E N 05-34-36 W 2447683.77 2447627.89 2447675.24 2447563.46 Perimeter: 574.23 Area: 20,266 Sq Ft 0.47 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 17-09-03 E Error North: -0.003 East 0.001 Precision 1: 574,230,000.00 Parcel name: BLOCKS LOTS North: 728655.24 Line Course: N 16-51-24 W North: 728811.50 Curve Length: 7.32 Delta: 0-43-47 Chord: 7.32 Course In: S 05-34-36 E RP North: 728239.22 End North: 728812.17 Line Course: N 85-09-11 E North: 728822.76 Line Course: S 13-12-06 E North: 728661.34 Line Course: S 87-09-31 W North: 728655.24 East 244767 Length: 163.28 East Radius: Tangent: Course: Course Out: East East Length: 125.43 East Length: 165.81 East Length: 122.94 East 5.24 2447627.89 575.00 3.66 N 84-47-18 E N 04-50-49 W 2447683.77 2447635.18 2447760.17 2447798.03 2447675.24 Perimeter: 584.78 Area: 20,630 Sq Ft 0.47 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) 1~...J Error Closure: 0.01 Error North: 0.005 Precision 1: 58,478.00 Parcel name: BLOCKS LOT4 North: 728661.33 Line Course: N 13-12-06 W North: 728822.76 Line Course: N 85-09-11 E North: 728823.03 Curve Length: 130.15 Delta: 17-32-47 Chord: 129.64 Course In: N 04-50-49 W RP North: 729246.51 End North: 728853.56 Line Course: S 12-31-57 E North: 728691.42 Line Course: S 76-42-49 W North: 728661.33 Course: N 44-50-44 E East 0.005 East 244779 Length: 165.81 East Length: 3.25 East Radius: Tangent: Course: Course Out: East East Length: 166.10 East Length: 130.92 East 8.03 2447760.16 2447763.40 425.00 65.59 N 76-22-47 E S 22-23-36 E 2447727.49 2447889.40 2447925.44 2447798.02 Perimeter: 596.24 Area: 21,424 Sq Ft 0.49 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 61-46-31 W Error North: 0.002 East -0.003 Precision 1: 596,230,000.00 Parcel name: BLOCKS LOTS North: 728691.42 Line Course: N 12-31-57 W North: 728853.56 Curve Length: 126.51 Delta: 17-03-20 Chord: 126.05 Course In: N 22-23-36 W RP North: 729246.51 End North: 728918.33 Line Course: S 88-57-06 E North: 728918.09 Line Course: S 44-04-24 E North: 728813.68 Line Course: 5 38-33-24 W North: 728696.28 Line Course: S 86-59-47 W North: 728691.41 East 244792 Length: 166.10 East Radius: Tangent: Course: Course Out: East East Length: 13.13 East Length: 145.32 East Length: 150.14 East Length: 92.85 East 5.44 2447889.40 425.00 63.73 N 59-04-44 E S 39-26-56 E 2447727.49 2447997.53 2448010.66 2448111.74 2448018.16 2447925.44 Perimeter: 694.05 Area: 32,157 Sq Ft 0.74 Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 34-21-38 W Error North: -0.007 East -0.005 Precision 1: 69,405.00 Parcel name: BLOCKS LOT6 North: 728696.28 Line Course: N 38-33-24 E North: 728813.69 Line Course: S 44-04-24 E North: 728743.00 Curve Length: 85.20 Delta: 15-01-10 Chord: 84.95 Course In: N 45-55-36 E RP North: 728969.06 End North: 728690.21 Line Course: S 34-48-32 W North: 728596.49 Line Course: N 58-35-16 W North: 728696.29 East 2448018 Length: 150.14 East Length: 98.40 East Radius: Tangent: Course: Course Out: East East Length: 114.15 East Length: 191.49 East 16 2448111.74 2448180.19 325.00 42.84 S 51-34-59 E S 30-54-26 W 2448413.68 2448246.75 2448181.59 2448018.16 Perimeter: 639.37 Area: 23,909 Sq Ft 0.55 Ac. • Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 11-53-53 W Error North: 0.005 East -0.001 Precision 1: 639,380,000.00 Parcel name: BLOCKS LOT7 North: 728410.81 Line Course: N 00-00-00 E North: 728496.93 Curve Length: 134.17 Delta: 28-41-05 Chord: 132.78 Course In: S 90-00-00 E RP North: 728496.93 End North: 728625.57 Curve Length: 130.36 Delta: 22-58-55 Chord: 129.49 Course In: N 61-18-55 W RP North: 728781.56 End North: 728749.27 Line Course: N 47-30-36 E North: 728760.88 Line Course: S 87-16-38 E North: 728752.88 Curve Length: 93.71 Delta: 11-00-07 Chord: 93.56 Course In: S 02-43-22 W RP North: 728265.43 End North: 728739.50 Curve Length: 123.00 Delta: 21-41-04 Chord: 122.27 Course In: N 13-43-29 E RP North: 729055.22 End North: 728733.35 Line Course: S 25-27-59 E North: 728583.26 Line Course: N 70-30-53 E North: 728633.97 Line Course: N 79-13-43 E North: 728655.23 Line Course: N 87-09-31 E North: 728661.33 East 2446881 Length: 86.12 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 17.19 East Length: 168.39 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 166.24 East Length: 152.02 East Length: 113.78 East Length: 122.94 East 91 2446881.91 268.00 68.52 N 14-20-33 N 61-18-55 2447149.91 2446914.80 325.00 66.07 N 17-11-38 S 84-17-50 2446629.69 2446953.08 2446965.75 2447133.95 488.00 47.00 S 81-46-35 N 13-43-29 2447110.77 2447226.55 325.00 62.25 S 87-07-03 S 07-57-35 2447303.66 2447348.67 2447420.15 2447563.46 2447675.24 2447798.03 E W E E E E E E • Line Course: N 76-42-49 E North: 728691.42 Line Course: N 86-59-47 E North: 728696.28 Line Course: S 58-35-16 E North: 728596.48 Line Course: N 34-48-32 E North: 728690.20 Curve Length: 96.56 Delta: 17-01-22 Chord: 96.20 Course In: N 30-54-26 E RP North: 728969.05 End North: 728653.55 Line Course: S 76-06-56 E North: 728651.92 Line Course: S 57-18-05 E North: 728645.22 Line Course: S 76-06-56 E North: 728636.34 Line Course: N 85-04-27 E North: 728637.41 Line Course: S 76-06-56 E North: 728632.06 Line Course: S 00-22-17 W North: 728401.30 Line Course: N 89-38-47 W North: 728410.59 Curve Length: 33.57 Delta: 0-03-22 Chord: 33.57 Course In: N 00-21-15 E RP North: 762687.31 End North: 728410.81 Length: 130.92 East 2447925.44 Length: 92.85 East 2448018.16 Length: 191.49 East 2448181.59 Length: 114.15 East 2448246.75 Radius: 325.00 Tangent: 48.64 Course: S 67-36-15 E Course Out: S 13-53-04 W East 2448413.69 East 2448335.70 Length: 6.78 East 2448342.28 Length: 12.40 East 2448352.71 Length: 37.00 East 2448388.63 Length: 12.41 East 2448401.00 Length: 22.28 East 2448422.63 Length: 230.77 East 2448421.13 Length: 1505.58 East 2446915.58 Radius: 34277.38 Tangent: 16.83 Course: N 89-37-04 W Course Out: S 00-24-37 W East 2447127.46 East 2446882.01 Perimeter: 3794.77 Area: 415,206 Sq Ft 9.53 Ac. i Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.10 Course: N 87-16-46 E Error North: 0.005 East 0.101 Precision 1: 37,946.80 m ~ ~ Z W W m • O O O NO H O g W O W < W 1 °,~O ~nNa z~~vi mc~ '6 ZZ a~ ~ ~a °z~ OM 9 ~ co ~ 0 1`+ M m.- 3~0° Z FR`~3 3a ~i om UjF U F ~ Z z F c o I W a~^ WNIY~ ~K aa0 O Ulm a6 ~W oo aY Z N W r3 7 +~ U' V O V') NNOnooo mw U as ci>x UIW~~ I~ m-+p ~ "' ° 2 ~ W .-WOnOaM~~M Od'ZW SWm KEN 4. ~~SW (/IN 0~1i WJU) WW W N p~~ Z Z ~ ~~1 y NY Z naNN~2KK OW ZNd>' NU'y. 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N W tp f ~ 'N„ ~ ~ ~ Ml ~ r ~ ~ h ~ ~ ^ p N r N ~ ~ M ~ ~ pp tV 4- • i j.~ . ~ ~{ S ,S .- A cp m ~ w A N 0 Q, w ~ n r io ~ ~ r~ P 1` e ~ m 2 8 8 8 8 8 $ 8 8 8 $ 8 8 8 8 88 8 8 8 .p ( N ~p p o n M H M n 5 ~ ~ yQ ~ N ~ M M N ~ N O N N E N a 0 ~' < •') N f V V f ~ ~ rt1 ~ N1 0 ry N N n y OO A ~ ~ N ~ ~ t~O~ mm Y O h .n-~ M m 8 8 w e p Q0 y ~ 0 . ^ ~ + ad vi ~ re w wa do .r w „ o o ~ j ~p V (. U pp V pp U O ~j ~ S N ~ M ~.I Y U N U t0 S n U ro U w rJ O ~ UU (Nj M U < V {Yyf V ~~py U 1`~ U ~p U t•p V Np U • • Page 1 of 1 Spurwing Challenge Subdivision http://66.192.184.147/imf/imfPrintMap.jsp?title=Spurwing Challenge Subdivision 1/16/2013 THIS MAP NOT INTENDED FOR NAVIGATIONAL USE • • NOTICE TO POTENTIAL BUYERS AND OWNERS THIS DOCUMENT IS A VERY IMPORTANT LEGAL DOCUMENT WHICH EACH POTENTIAL RESIDENT AND OWNER OF PROPERTY WITHIN THE SUBDIVISION SHOULD READ AND UNDERSTAND. THIS DOCUMENTS DETAILS THE OBLIGATIONS AND RESPONSIBILITIES OF ALL THE SUBDIVISION OWNERS AND RESIDENTS. THE DECLARANT (AS DEFINED HEREIN) EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, STATEMENTS OR INFORMATION NOT SET FORTH HEREIN OR IN ANY WRITTEN DOCUMENT EXECUTED BY DECLARANT. THE ASSOCIATION (AS DEFINED HEREIN) HAS NUMEROUS DUTIES AND RESPONSIBILITIES THAT REQUIRES EXPENDITURES BY THE ASSOCIATION, SOME OF WHICH MAY NOT BE KNOWN AT THE TIME AN OWNER ACQUIRES A LOT WITHIN THE SUBDIVISION. THE FUNDS NEEDED TO MEET THESE EXPENDITURES SHALL BE PROVIDED BY ASSESSMENTS ON'THE OWNERS. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY REAL ESTATE BROKER OR AGENT OR OTHER PERSON CONCERNING ANY MATTER, INCLUDING, BUT NOT LIMITED TO THE TOTAL OR THE TYPES OF ASSESSMENTS TO BE LEVIED AGAINST AN OWNER 0 PAY FOR ANY ASPECT OF THE SUBDIVISION, SHOULD BE DISREGARDED 1N THEIR ENTIRETY AND IN ALL EVENTS THE TERMS AND CONDITIONS OF THIS MASTER DECLARATION AND ANY APPLICABLE DOCUMENTS EXECUTED BY THE DECLARANT SHALL CONTROL. SPURWING CHALLENGE ESTATES IS INDEPENDENT 01= THE ADACENT DEVELOPMENT OF THE CLUB AT SPURWING AND OR THE SPURWING'GREENS SUBDIVISION AND OR THE SPURWING SUBDIVISION. INTRODUCTION TO THE COMMUNITY The Challenge Estates Homeowher's Association has created this Declaration to provide a governance structure and a flexible system of standards and procedures for the overall development, expansion, administration,. maintenance, and preservation of the Spurwing Challenge Estates (the "Property") as a planned community. An integral part of the development plan is the creation of The Club at Spurwing Challenge Course (the "Challenge Course") containing certain real property, and improvements and facilities thereon, located adjacent to, or in the immediate vicinity of the Community, which is owned by persons other than the Association and is operated on a club membership basis and includes a nine (9) hole golf course and other associated facilities. This Declaration imposes upon the Property certain restrictions and requirement, including membership requirements in the Country Club as herein defined, and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Property. This Declaration imposes certain provisions impacting the Challenge Course and the Challenge Course owner (The Club at Spurwing, LLC), however, neither the Challenge Course MASTER DECLARATION -Notaries • • nor The Club at Spurwing, LLC, are subject to the terms of this Declaration. ARTICLE I RECITALS WHEREAS, the Declarant is the developer of a residential subdivision in Ada County, Idaho, with the real property of such subdivision more particularly described as follows (which real property is referred to herein as the "Property', "Subdivision or "Community"): urwna Challenge Estates Lots through and including _, Block 1; Lots through and including _, Block 2; Lots _ through and including ~, Block 3; Lots _ through and including _, Black 4; Spurwing Challenge Estates Subdivision, according to the-official plat thereof filed in Book _ of Plats at Pages _ through and including ,Instrument No. ,records of'Ada,Cour-ty, Idaho. ~ _ comment [Maai.t: Neea aeta~is WHEREAS, the Declarant desires to subject 'the Property to the covenants, conditions, restrictions, easements, reservations, limitations and equitable servitudes herein set forth to accomplish the following: (i) insure the enhancementand preservation of property values, (ii) provide for the proper design, development, improvement and use of the Property by the Declarant and all other persons or entities who may subsequently acquire an interest ih the Property and (iii) create a residential development of high quality; ahd WHEREAS, in order to achieve the objectives and desires of the Declarant, the Declarant will control the management and government of the Property and the non-profit association of Owners to be created until such time as the Owners< ake over the management functions through the Association as provided in this Master Declaratioh. ARTICLE II DECLARATION The Declarant hereby declares that the Property and each Lot (as defined herein) is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants, conditions, restrictions, easement, reservations, limitations and equitable servitudes (hereafter collectively called "covenants 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 or any Lot therein, and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot in the Property and any interest therein; and shall inure to the benefit of and be binding upon the Declarant and each Owner, and each successor in interest of each, and may be enforced by the Declarant by and any Owner, or by the Association, as hereafter provided. Notwithstanding the foregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit the Declarant's right to complete development of the Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Declarant nor prevent normal construction activities during the construction of Improvements upon any Lot in the MASTER DECLARATION -Notaries • Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the ACC (as defined herein) provided that such waiver shall be for a reasonable period of time and shall not violate the ordinances of the City of Meridian, Idaho, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. In the event of a conflict between the provisions of this Master Declaration and the requirements of the ordinances of the City of Meridian, Idaho, applicable to the Property, the more restrictive shall control. ARTICLE III DEFINITIONS As used in this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows: ACC: The Architectural Control Committee for the Property, which committee works on behalf of the Association to manage the architectural, building, landscape and other plans for the Property and each Lot thereon: ACC Rules/ACC Standards: Such rules or standards created by the Declarant and/or the Association through the ACC as authorized by Section 5:28, below. Annexations The process by which additional tracts or parcels of land not initially a part of the Property are made subject to this Master Declaration. Assessment: A payment required of an Owner of a Lot, including Regular, Special or Limited'-Assessments as provided in this Master Declaration. Association: The Spurwing Challenge Estates Association, Inc., an Idaho non-profit corporation, ahd its committees, and/orsub-associations, if any. Automobiles: Cars, sport utility vehicles, motorcycles, motorized scooters, and/or standard size pick-up trucks and/or vans, all whether operable or inoperable. Board or Board of Directors: The duly elected and qualified Board of Directors of the Association. Buildin A structure, whether complete, substantially complete, or partially complete, including, but not limited to, a foundation for such structure, constructed on a Lot on a temporary or permanent basis and, unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith, whether complete, substantially complete or partially complete. Bylaws: The Bylaws of the Association, including any amendments thereto duly adopted MASTER DECLARATION -Notaries LJ Common Area: All real property, including fee simple, easements (including, but not limited to, landscape easements), licenses, leases, or any other real property interests therein, located within or outside of the boundaries of the Property, including but not limited to, any Lots (including common Lots as may be shown on the Plat), any interest in the pathways, and all Improvements located thereon (including personal property), in which the Association owns a real or personal property interest or controls, and/or which the Association is obligated to maintain in this Master Declaration or by any other document. Common Driveway: A driveway used for vehicular access to more than one (1) Lot, as shown on the Plat. Country Club: That certain real property, improvements and facilities known as The Club at Spurwing, including The Spurwing Challenge Course. The Country Club is not a part of the Spurwing Challenge Estates, nor is any portion of the Country Club also Common Area as defined herein. Development: The project to be undertaken by the Declarant resulting in the improvement of the Property, or any additional property annexed hereunder, including landscaping, amenities, construction of roadways, utility services and other improvements. Declarant: The Club at Spurwing, LLC, an Idaho limited liability company ("Spurwing Spurwing may at any time convey, assign and transfer all of its rights (not a portion) as "Declarant" in this Master Declaration to an entity related to Spurwing, which assignee entity must own a portion of the Property, so long as Spurwing records a document evidencing such conveyance, assignment-and transfer of its rights as Declarant to such entity(ies) in the records of Ada County, Idaho. A transferee of Declarant as described herein may also transferits rights as described herein. Golf Course: Shall mean any golf course and or golf practice facilities adjacent to the Community. Improvements: All structures and appurtenances to real property, of all kinds and types, including, whether complete, substantially complete or partially complete, including, but not limited to, Buildings, pedestrian pathways, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs, pools, community center, storm drainage facilities, sprinklers, and/or lighting. Improvements shall not include those items which are located entirely within the interior of a Building and cannot be readily observed when outside thereof, except for in the case of Common Area owned and/or maintained by the Association. Initial Construction: The physical movement of any soil on a Lot with the intent of constructing Improvements on such Lot. Limited Assessment: An Assessment levied by the Association upon one or more Lots, but not upon all Lots within the Property, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association (or another Owner as provided in Section 5.17 for Common Driveways) to correct a condition prohibited or to cure an Owner's breach hereunder. MASTER DECLARATION -Notaries • • Lot: A portion of the Property which is a legally described tract or parcel of land within the Property, or which is designated as a Lot in a Plat, including any improvements located on such tractor parcel of land. Master Declaration: This instrument as it may be amended and/or supplemented from time to time, including, but not limited to, by a Supplemental Declaration. Master Plan: The overall master development plan prepared by the Declarant for the whole of the Property, as the same exists from time-to-time and which illustrates the proposed total development contemplated by the Declarant and the nature and location of each of the uses intended to be allowed within the Property. Member: Any person(s) who is an Owner of a Lot within the Property is a Member of the Association, unless otherwise provided by applicable law. Mortgage: Any mortgage or deed of trust or other hypothecation of land located in the Property to secure the performance of an .obligation. Unless otherwise specifically provided, the reference to a "Mortgage" in this Master Declaration shall be limited to a "first Mortgage," including a "first Deed of Trust," on a Lot within the Property. Mortgagee: The holder of a Mortgage or the beneficiary under a Deed of Trust, including an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise specifically provided, the reference to a "Mortgagee" in this Master Declaratioh shall be limited to a holder of a first Mortgage, including a beneficiary uhder a first Deed of Trust on a Lot. Occupant: Any person, association, corporation or other entity who or which is an Owner, or has leased, rented,`been licensed; or is otherwise legally entitled to occupy and use any Building,or Improvement on a Lot whether or not such right is exercised, including their heirs, personal representatives, successors and assigns. Owner:``-A person or persons or other legal entity or entities, including the Declarant, holding fee imple title to a Lot within the Property. The obligations of Owner in this Master Declaration run with the Property and are also personal to the Owner as the Owner of a Lot. Spurwing Challenge Estates Association. Inc.: The Idaho non-profit corporation organized by the Declarant, comprised of Members, and which exists for the purpose of providing self-government for the Property. Spurwing Challenge Estates or Subdivision or Community: The Property. Plat: A final subdivision plat covering the Property, and any future real property annexed into the Property pursuant to this Master Declaration from time to time, all as recorded in the office of the County Recorder, Ada County, Idaho, and as the same may be amended from time by duly recorded amendments thereto. Pro a :The whole of the Property described in Article I, above, and any additional land annexed thereto pursuant to Article XI, below. MASTER DECLARATION -Notaries • • Regular Assessment: An assessment levied by the Association to provide funds to pay the ordinary estimated expenses of the Association. Special Assessment: An assessment levied by the Association other than a Regular or Limited Assessment. Supplemental Declaration: The additional, amended, and/or different conditions, covenants, conditions, restrictions and easements which may relate to a particular tract or parcel of real property within the Property, which are created by the Declarant and recorded in the official records of Ada County, Idaho. Vehicles and Equipment: Excluding Automobiles, all vehicles, golf carts, recreational equipment, and/or gardening and maintenance equipment, and/or bicycles, and/or riding or moving devices, or any equipment related to the foregoing, including, but not limited to, trailers, mobile homes, larger than standard-size pickup trucks and/or vans, boats, tractors, campers, garden or maintenance equipment, and toys, all whether operable or inoperable. ARTICLE IV PURPOSE The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which shalF be deemed to be imposed upon and run with the land and each and every Lot and parcel thereof, and shalt apply to each and. every Owner and Occupant thereof and their respective successors ih interest, to ,insure proper design, development, improvement, use and maintenance of the Property for the purpose of: (a) Insuring; Owners and Occupants of Buildings of quality of design, development, improvement, use and maintenance as shall protect and enhance the investment and use of all Lots and Improvements. (b) The prevention of the erection within the Property of Improvements of improper design or construction with improper or unsuitable materials or with improper quality and method of construction. (c) Encouraging and insuring the erection of quality and attractive Improvements appropriately located within the Property to assure visual quality and harmonious appearance and function. (d) Securing and maintaining proper set-backs from streets and open areas within the Property and adequate free spaces between Improvements. (e) The integration of development of the different Lots by setting common general standards consistent with the ACC Rules/ACC Standards existing from time to time. (f) Insuring attractive landscaping and the conservation of existing natural features with minimum adverse impact on the ecosystem. As used hereafter, "Project Objectives" shall mean the foregoing specified purposes. MASTER DECLARATION -Notaries ARTICLE V PERMITTED USES AND PERFORMANCE STANDARDS SECTION 5.01 Use. • (a) Generally. Unless as otherwise designated on the Master Plan for the Property, or unless otherwise specified in a Supplemental Declaration covering a particular Lot(s), Lots shall be used only for residential purposes and such uses as are customarily incidental thereto. As used herein and elsewhere in this Master Declaration, "residential" shall mean the following: use of the Improvements on a Lot for living accommodations by one (1) or more related or unrelated persons, including guests of the principal occupant(s), which guests reside therein on a temporary basis; except that, notwithstanding the provisions of §67-6530 et. seq., Idaho Code, as used in this Master Declaration, neither "residential" or "customarily incidental" uses include, nor shall the same be construed to include, the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant, which is hereby expressly prohibited. As used herein, "customarily incidental" shall include, but is not limited to, the following uses, so long as such use is in compliance with all applicable statutes, laws and ordinances: (i) any and all uses by the Association of any Lots (including, but not limited to, Common Area uses, and/or development and sales activities relating to the Property, including model homes); and/or (ii) a home office provided that such home office does not result in a consistent increase in traffic and demand within the Property as determined by the Board in its discretion; and/or (iii) a daycare provided that such daycare does not result 'in a consistent increase in traffic and demand within the Property as determined by the Board in its discretion. Unless otherwise specified in this Master Declaration, or shown on the Master Plan for the Property and specifically permitted in a Supplemental Declaration, no Lot shall be used at any time for a-use other than a residential use as defined herein, including, but not limited to, any commercial or business activity. (b) Failure to.Comply.' Willful or negligent act or omission of an Owner and/or Occupant to comply with this Master Declaration shall subject such Owner and/or Occupant to enforcement actions pursuant to this Master Declaration and as determined by the Association from time to time, including, but not limited to, revocation of Subdivision privileges, and/or fines. In the case of fines, and/or costs incurred by the Association to correct such Owner and/or Occupant's acts or omissions, the Association may levy Limited Assessments against the Lot associated with such Owner and/or Occupant, based on the procedure provided herein for such Limited Assessments. SECTION 5.02 Buildings. Except as (i) otherwise designated on the Master Plan for the Property, (ii) otherwise specified for a particular Lot, tract or parcel in a Supplemental Declaration, or (iii) allowed by the zoning ordinance applicable to the Lot, no Lot shall be improved except with one (1) dwelling unit. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size cars, with a maximum number as determined by the ACC from time to time. The minimum square footage of living area within a dwelling unit located on a Lot shall as provided in the ACC Rules/ACC Standards. The square footage of living area shall be based on the finished interior living space at or above the grade of the Lot, exclusive of basement, porches, patios and garage. SECTION 5.03 Approval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially altered within the Property unless and until the plans, specifications and site plan for the Improvements have been reviewed in advance and approved by the ACC in accordance with the provisions of Article X, below. Once an Owner commences Initial Construction on a Lot, an Owner shall MASTER DECLARATION -Notaries have one hundred eighty (180) days from commencement of construction to complete or remove any Improvements which are not completed within such period, with all costs and expenses incurred to do so at such Owner's cost and expense, and subject to a Limited Assessment for payment therefor. SECTION 5.04 Prohibited BuildingslUses. No trailer or other vehicle, tent, shack or garage shall be used as a temporary or permanent residence within the Property. Buildings and Lots, if occupied, must be Owner occupied, and no portion of a Building or a Lot thereof may be leased to an Occupant; however, if an Owner provides sufficient evidence to the Board of an undue hardship caused by the foregoing restriction on leasing, the Board may permit a lease in its discretion. No noxious or offensive nuisance shall be conducted on any Lot which may be or become an unreasonable annoyance or nuisance to the Occupants of the Lots within the Property (as determined by applicable law and/or the Board in its discretion) by reason of: (i) activities by any person; (ii) by reason of unsightliness; and/or (iii) the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. SECTION 5.05 Set-Backs. No building or other structure (exclusive of fences and similar structures approved by the ACC) shall be located on a Lot nearer to a Lot line than the distance permitted by (i) the ordinances of the City of Meridian, Idaho, applicable to the Property except as may be modified by a Conditional Use Permit issued by the City of Meridian, Idaho, or (ii) the ACC Rules/ACC Standards, whichever requires the greater distance. The_ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to .minimize the negative visual appearance of a uniform building line. SECTION 5.06 Antennae. No exterior radio antennae, television antennae or other antennae, including a satellite dish, shall be erected or maintained on a Lot without the prior approval in writing by the ACC. SECTION 5.07 Easements.. There is hereby reserved for the use and benefit of the Declarant and granted for the use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and/or for the use and. benefit ofthe Association, and their successors and assigns, as specifically provided forherein, the following easements, under; over, on, through and across the applicable areas of the Property: (a) Public Utilities. To benefit all of the above, for the purpose of installation and maintenance of public utility facilities of all kinds, including radio and television and transmission cables, the easements so designated on the recorded Plat(s) for any portion of the Property; (b) Water Drainage. To benefit the Declarant and Association, for the purpose of water drainage, including "established" drainage described in Section 5.13, retention, recreation or amenity purposes; and to benefit each Owner, not to exceed one foot (1") as between each Lot; (c) Access to Common Areas. To benefit the Declarant and the Association, for the purpose of access through those portions of Lots contiguous to any Common Area to maintain, repair, replace and restore landscaping and any other Improvements within the Common Area, including, but not limited to, a sprinkler system which may be installed to irrigate any landscaping located on a Common Area as shown on the recorded Plat for the Property; (d) Encroachment. To benefit the Declarant, Association and each Owner, for the purpose MASTER DECLARATION -Notaries • • of encroachment, reciprocal appurtenant easements of encroachment, not to exceed one foot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the Improvements constructed thereon, which easements of encroachment shall be valid so long as they exist and the rights and obligations of Owners shall not be altered in any way by said encroachments, settling or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner; (e) Plat. To benefit all of the above, for the purposes for which they are designated, any additional easements, if any, as shown and designated on the recorded Plat for the Property; and (f) (Common Driveways. To benefit the Owners of Lots using a Common Driveway, for the purpose of permitting shared vehicular and. pedestrian access, and ingress/egress, .over such Common ,Driveway, and.. the right. to repair; maintain and replace such Common DrIV2Way. ____ `' ---- CommeM[MAR2]:`Arethereanycommon - - - driveways? (g) Side-Yard Easements. For Lots that are adjacent to, and served by, alleys, the Grantor shall have the right to declare and create an easement, not to exceed ten feet (10') in width (hereafter "Side-Yard Easement") on, over, along and across any Lot (hereafter "Servient Lot") :within the Subdivision, which Side-Yard Easement shall be adjacent to and along the whole of the side yard lot line that abuts an adjacent Lot (hereafter "Dominant Lot"). A'Side-Yard Easement shall, if so declared and created by the Grantor,, except as expressly provided to the contrary hereafter, be for the sole and exclusive use of the bominant Lot, and maintained by the Owner of the Dominant Lot. There shall be only one (1) such Side-Yard Easement on each Servient Lot. If the Grantor grants and conveys aside-Yard Easement on a Lot in accordance with this Section, the Grantor shall delineate the specific easement area ("Side-Yard Easement Area") over which aside-Yard Easement is granted on a particular Lot by recording it in at least one of the following written instruments in the records of Ada County, Idaho: (i) a plat of the Subdivision; (ii) an amendment of this Master Declaration; and/or (iii) by a separate Declaration of Side-Yard Easement. Unless otherwise specified herein (such as for Side-Yard Easements as described above) or in another recorded document, the easement areas (excluding any equipment or appurtenances owned by the Declarant, the Association or a utility company located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they are situated. No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall interfere with the intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access intended to be provided by such easement or the installation or maintenance of the utilities or other facilities, if any, located thereon or therein. SECTION 5.08 Easements for Country Club. The owners of the Country Club have been granted the following non-exclusive, perpetual, reciprocal, appurtenant easements which shall benefit the Country Club: (a) permitting of errant golf balls to unintentionally come onto any Lot; MASTER DECLARATION -Notaries • • (b) retrieval of golf balls from unfenced, unenclosed areas of any Lot; (c) operation of lighting facilities for operation of the Country Club and other recreational facilities during hours of darkness; (d) creation of usual and common noise levels associated with such recreational activities; (e) operation of golf carts and maintenance vehicles; (f) creation of noise related to the normal maintenance and operation of the Club Facilities, including, but not limited to, the operation of mowing and spraying equipment; (g) creation of the usual and common noise level associated with the playing of the game of golf; (h) to enter upon bodies of water and wetlands located within the Community to install, operate, maintain, and replace pumps, lines, and other equipment to supply irrigation water to the Common Maintenance Areas and/or the Golf Club and to use water for such irrigation purposes; construct, maintain, and repair structures and equipment used for retaining water; Q) maintain such areas in a manner consistent with the Community standards. (k) an easement for the spray of herbicides, fungicides, pesticides, fertilizers, chemicals and water overthe Country Club property; and (I) all such other commorrand usual activities associated with the game of golf and all such other normal and usual activities associated with the operation and maintenance of the Country Club and the easement area. The Declaraht, the Association, the Country Club, and their successors, assigns, and designees shall have an access easement over and across any portion of the Property, including Lots (but not inside a dwelling or other structure), which abuts or contains bodies of water or wetlands to the extent reasonably necessary to exercise their rights under this Section. Anyone exercising these easements shall use reasonable care in and repair any damage resulting from their intentional exercise of the easements. Nothing herein shall be construed to obligate Declarant or the Association to maintain property which is the maintenance responsibility of the Country Club, Owners, or others, or make Declarant or any other person liable for damage resulting from flooding due to natural occurrences or other occurrences not reasonably foreseeable or under the control of Declarant or such other Person. SECTION 5.09 Lighting. If required by the ACC, each Owner shall install, and maintain in an operative condition such exterior lighting as shall be provided in the ACC Rules/ACC Standards. SECTION 5.10 Roofs. The type, pitch and roof covering material(s) which shall be required on Buildings within the Property shall be as set forth in the ACC RuleslACC Standards. SECTION 5.11 Animals. No animals, livestock, birds, insects or poultry of any kind shall be raised, bred, or kept on any Lot, except that not more than two (2) domesticated dogs and/or cats, or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, MASTER DECLARATION -Notaries provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. SECTION 5.12 Septic Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within the Property. SECTION 5.13 Grading and Drainage. A site plan indicating the proposed grading and drainage of a Lot must be approved by the ACC before Initial Construction. Lot grading shall be kept to a minimum and Buildings are to be located for preservation of the existing grade(s) and any grade(s), berms or swales should be an integral part of the grading design. Water may drain or flow into the drainage swales, if any, located on each Lot or within the public rights-of-way within the Property but otherwise shall be contained on-site on such Lot (meaning it shall not be allowed to drain or flow upon, across or under adjoining Lots), unless an express written easement for such purpose exists. There shall be no interference with the established drainage pattern over any portion of the Subdivision, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the ACC. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Subdivision is completed by the Declarant, or that drainage which is shown on any plans approved by the ACC, which may include drainage from a Common Area Lot over any Lot within the. Subdivision. The Owner of any Lot within the Subdivision, in which grading or other work has been performed pursuant to a grading plan approved by ACC, shall maintain and repair all graded surfaces, drainage structures, means or devices within the Lot which are not the responsibility of the Association or any governmental entity. After the Initial Construction on a Lot, an Owner shall not change or alter any grading on a Lot or construct or alter any berms'or swales on a Lot, including the drainage swales, if any, located in the public right-of-way adjacent to such Lot, which will affect or change the drainage on a Lot or any other Lot within the Subdivision, without the prior written approval of the ACC. SECTION 5.14 Maintenance. The following. provisions shall govern the maintenance of Lots and all Improvements thereon: (a) Each Owner of-a Lot shall maintain all Improvements located thereon in good and sufficient repair and shall keep the Improvements thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the same in a neat and aesthetically pleasing condition; (b) Each Owner of a Lot shall maintain the landscaping planted and installed by the Owner in the landscape strip located between the street curb and the sidewalk adjacent to the Owner's Lot (hereafter "Street Landscape Buffer"), as required by Section 5.26, below, said landscaping to be maintained in a condition comparable to the condition of the landscaping on the Owner's Lot as required herein; (c) All damage to any Improvements shall be repaired as promptly as is reasonably possible; (d) A Building which is vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not be exempt from the provisions of this Master Declaration; (e) All structures, facilities, equipment, objects and conditions determined by the ACC, in its sole discretion, to be offensive, shall be enclosed within an approved structure or MASTER DECLARATION -Notaries • • appropriately screened from public view. All trash, debris, garbage and refuse shall be kept at all times in a covered container and all such containers shall be kept on a Lot within an enclosed structure or screened from public view; (f) No articles, goods, machinery, materials or similar items shall be stored, kept or maintained on a Lot in the required set-back area along a public or private right-of-way or otherwise kept in the open or exposed to public view; (g) Any event or condition on a Lot or adjacent to a Lot if under the control of the Owner, which, in the sole discretion of the ACC, creates an unsightly or blighting influence, shall be corrected, removed or obstructed from public view, as the case may be, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited in this Master Declaration. If such event or condition is not promptly corrected by the Owner, the Association shall have the right to correct the same pursuant to subsection (h), below; and (h) In the event that any Owner shall permit any Improvement, including any 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, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and into. any building or structure thereon, if necessary, for the purpose of correcting or repairing the same, and such Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot shall be personally liable, and such Owner's 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 within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be levied as a Limited Assessment against said Lot and shall be enforceable in the same manner as set forth in Article IX of this Master Declaration. SECTION 5.15 Mining and:brilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, .steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Declarant or the Association may, by permit, grant, license or easement, allow the drilling for'and the extraction of water for use on the Lot. SECTION 5.16 Screening of Automobiles and Vehicles and Eguiament. (a) The primary purpose of the garage required on each Lot is for the parking and storage of Automobiles. A minimum of two (2) off-street parking spaces for Automobiles shall be provided on each Lot. No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of Automobiles for which it is designed shall be permitted. The Owner shall provide sufficient garage space or other enclosed parking approved by the ACC for all Automobiles used by the Occupants of a Lot, which Automobiles, whether operative or non-operative, shall be kept within the garage on a Lot, except for the following: (i) actual use; and/or (ii) temporary periods of no more than seventy-two (72) consecutive hours in connection with actual use. (b) Vehicles and Equipment shall be kept at all times in an enclosed structure, and at no time shall any such Vehicles or Equipment be parked or stored on a Lot in public view or on a public or private right-of-way within the Property except: (i) when in actual use; and/or (ii) MASTER DECLARATION -Notaries • • for a temporary period of no more than twenty-four (24) consecutive hours in connection with actual use. SECTION 5.17 Driveways. Driveways, including Common Driveways, must be in the location indicated on the Plat. The Owners of Lots which benefit from a Common Driveway shall share equally in the costs of maintenance, repair, and replacement of such Common Driveway. The determination of whether to incur a cost for maintenance, repair and replacement shall be made by a majority of the Owners benefitting a Common Driveway; provided that such Common Driveway must be maintained to the standards set forth in Section 5.14. If an Owner makes a determination that the aforementioned standard is not being met, the Owner may submit such determination and supporting evidence to the Board for review, and the Board shall hold a hearing upon notice to all affected Owners, and the Board shall determine whether such maintenance, repair and/or replacement is or was necessary to meet the applicable standards, as determined by the Board in its reasonable discretion. If the Board determines such maintenance, repair and/or replacement is or was necessary, and an Owner who undertakes and pays for the maintenance, repair and/or replacemeht at reasonable cost and does not receive reimbursement from a benefitted Owner, the Board may, in its sole discretion, levy a Limited Assessment for the benefit of the paying Owner(s) for such amount not paid using the process described in Section 5.14(h), and/or revoke Subdivision privileges and/or asses fines until such payment is made. If the Board receives payment to release the Limited Assessment, the Board shall transmit such payment to the paying Owner. Additionally, the paying Owners shall have all remedies under this Master Declaration, including injunctive relief in Section 14.13, and'ahy and all remedies at law or in equity. This Section is in addition to, not in lieu of, the Association's right to enforce this Master Declaration with respect to the Common Driveways. SECTION 5.18 Garage Doors. "Garage doors shall be closed except when open for a temporary purpose. SECTION 5.19 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved. by the ACC. All exterior finishes and/or colors shall be approved by the ACC and shall be in accordance vrith the ACC Rules/ACC Standards. SECTION 5.20 Vehicles. The use of Automobiles and Vehicles and Equipment shall be subject to ACC Rules/ACC Standards, which may prohibit or limit the use thereof within the Property, provide parking regulations and other rules regulating the same. SECTION 5.21 Exterior Energy Devices. No energy production device including, but not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.22 Mailboxes. The US Postmaster and the ACC shall have the right to approve mailbox locations and design. SECTION 5.23 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for sale by displaying a single, neat, reasonably sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special instructions. Any directional or identification sign within the Property shall be permitted, provided the same is approved by the ACC prior to installation. Notwithstanding the foregoing, the ACC shall have MASTER DECLARATION -Notaries ~ i the right to adopt ACC Rules/ACC Standards with respect to signs allowed within the Subdivision, which ACC Rules/ACC Standards, if adopted, shall regulate signs within the Subdivision and shall control over the specific provisions of this Section. SECTION 5.24 Subdividing. No Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor. In addition, the conveyance of an insignificant portion(s) of a Lot to the Owner of the Lot which abuts said conveyed portion for the purpose of correcting a common boundary or other similar purpose shall not be deemed to be a subdividing of a Lot within the prohibition contained herein. SECTION 5.25 Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefor, including the location, design, material and colorthereof, have been approved in writing by the ACC prior to the construction or installation. The type, design, material and finish of all privacy fences shall be as specified in the ACC Rules/ACC Standards, it being the intent of the Declarant that all such privacy fencing shall present, to the extent reasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be in compliance with the ordinances of the City of Boise, Idaho, applicable to the Property. In addition to the requirements of the' ACC Rules/ACC Standards applicable to fences, fencing, all fences and walls shall be subject to the following restrictions: (a) No fence or wall shall'be permitted to be constructed or installed on the Common Area or any portion of a berm constructed by the Declarant within the Property; provided, that if the Declarant constructs or installs a fence in a Common Area or on a berm, the ACC may allow fences orr he adjacent. Lot(s) to be attached thereto so long as such attachment does not{i) impede the maintenance, repair or replacement of the Common Area or berm, (ii) alter the visual theme established by the fence constructed or installed by the Declarant, and (iii) does not project above the top of the fence constructed or installed by the Declarant; (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of :the principal Building on the Lot, except for corner Lots, which may be less, and except as otherwise approved by the ACC. The ACC may approve a maximum height of up to five feet (5') for fences, depending on the materials and location proposed by the Owner for such fence; (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs; (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Master Declaration or shown on the recorded Plat(s) of the Property; and (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed if, because of the design, material, color, nature, qualities or characteristics thereof, the same would have a noxious or nuisance effect upon neighboring Lots as determined by the ACC. It is MASTER DECLARATION -Notaries • • not the intent of this subsection (e) to create a view easement on or across any Lot ("Affected Lot") in favor of any Lot which is adjacent to or in the vicinity of the Affected Lot. SECTION 5.26 Landscaping. The following provisions shall govern the landscaping of Lots within the Property: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided in Article X, below. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. The use of berms and sculptures in planting areas is encouraged. Landscaping of a Lot shall be in accordance with the approved plan; (b) Each Owner shall be required to landscape the Street Landscape Buffer (as defined in Section 5.14(b), above), unless prohibited by a governmental authority, which landscaping shall be included in the landscape plan to be submitted to and approved by the ACC. Notwithstanding the foregoing, the ACC shall have the right, if deemed necessary by the ACC to assure uniformity in and/or compatibility of the landscaping within the Street Landscape Buffer, to adopt ACC Rules/ACC Standards which shall specify the nature, type, extent and design of the landscaping therein, and, if so adopted, the ACC Rules/ACC Standards shalt be binding upon the Owners; (c) All required landscaping on a Lot shall be installed within thirty (30) days after "substantial completion" of the Building oh the Lot, with a reasonable extension allowed for weather. As used herein,."substantial completion" of the Building shall mean the Building meets the requirements to obtain a certificate temporary occupancy, regardless of whether such certificate is actually obtained; and (d) The ACC Rules/ACC Standards shall set forth the initial minimum landscaping required on each' Lot:: The Subdivision's guidelines will promote water efficient landscape and -landscape 'practices, and be in compliance with all appropriate governmental requirements, including the Subdivision's wildlife mitigation plan. SECTION 5.27 Storm Drainage. Storm drain facilities within the Property may be located within the Ada County Highway District (ACRD) rights-of-way, in ACHD public rights of way, which may or may not be within Lot(s) owned by the Association. Maintenance of all the storm drain facilities within the ACHD public rights-of-way shall. be the responsibility of ACHD. Surface maintenance (grass, trees, shrubs, etc.) of the storm water management facilities outside the ACHD public rights-of-way (i.e., Association properties, swales, seepage trenches, storm ponds, park/detention areas, etc., hereinafter "Storm Water Areas") is the responsibility of the Association. All Storm Water Areas are subject to ACHD easements, if any, shown on the recorded Plat(s) for the Subdivision. The primary purpose of the Storm Water Areas is for the management of storm water. All recreational, aesthetic and other uses of these areas are secondary. ACRD has the right to inspect such facilities in the Storm Water Areas which affect the ACHD, and if necessary, perform any required maintenance or repairs. ACRD has the right to assess the Association for the costs of any required maintenance or repairs where the Association has failed to adequately maintain the Storm Water Areas which affect the ACHD that are part of the storm water treatment/detention area(s) within the Subdivision, including the use of liens and/or assessments of maintenance costs against the Lots within the Subdivision. Any changes or modifications to the Storm Water Areas above and beyond the improvements shown on the ACRD approved storm drain plans for the Subdivision which affect ACHD require the prior approval of ACHD. Notwithstanding the above, the Property may contain additional drainage facilities owned or managed by a governmental or quasi- MASTER DECLARATION -Notaries • • governmental entity other than ACRD, as may be necessary for the development of the Property as determined by Grantor. SECTION 5.28 Adoption of ACC RuleslACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Association through the ACC, shall have the power to create ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with the provisions of this Master Declaration. SECTION 5.29 Exemption of Declarant. Nothing herein contained shall limit the right of the Declarant to subdivide or re-subdivide any Lot or portion of the Property, and/or effectuate lot line adjustments and/or surveys, or to grant licenses, reservations, rights-of-way or easements with respect to the Common Area to utility companies, public agencies or others; or to complete excavation, grading and development to or on any Lot or other portion of the Property owned or controlled by the Declarant, or to alter the foregoing and its Development plans and designs, or construct additional Improvements as the Declarant deems advisable in the course of Development of the Property. This Master Declaration shall not limit the right of the Declarant at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations, rights-of-way and easements to itself, to utility companies and to others, as may from time to time be reasonably necessary. The Declarant need not seek or obtain ACC approval of any Improvements constructed or placed within the Property by the Declarant in connection with the Development of the Property. The Declarant shall be entitled to the non-exclusive use, without charge,. of any Common Area within the Property in connection with the marketing of the Lots therein. In addition, the Declarant shall have the right, in connection with the marketing of the Lots, to install, place, display and exhibit such signs, banners and other similar items on the Common Areas on and the Lot(s) owned by the Declarant for such a period of time as is reasonably deemed by the. Declarant to be necessary. .ARTICLE VI THE CHALLENGE ESTATES HOMEOWNER'S ASSOCIATION, INC. SECTION 6.01. Organization of Association. The Challenge Estates Homeowner's Association, Inc. shall be organized by the Declarant as an Idaho non-profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth in its Articles of Incorporation, its Bylaws and this Master Declaration. Neither said Articles nor said Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02 Members. Each Owner (including the Declarant) of a Lot by virtue of being such an Owner and for so long as such ownership is maintained shall be a Member of the Association, unless otherwise provided by law. No Owner shall have more than one membership in the Association, but shall have such voting rights as hereafter set forth. A membership in the Association shall not be assignable, except to the successor-in-interest of the Owner and a membership in the Association shall be appurtenant to and inseparable from the Lot owned by such Owner. A membership 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 transfer of a membership shall be void and shall not be reflected on the books of the Association. SECTION 6.03 Classes of Membership. The Association shall have two (2) classes of membership: CLASS A. "Class A Members" shall be the Members of the Association which are all MASTER DECLARATION -Notaries • Owners of Lots within the Property, with the exception of the Declarant. The Class A Members shall be non-voting Members of the Association until such time as voting rights of the Class B Member expires, as provided below. Upon the Class A Members becoming entitled to voting rights, each Class A Member shall be entitled to one (1) vote for each Lot owned and when more than one (1) person holds an interest in a Lot, all such persons shall be Class A Members but 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 owned by a Class A Member(s). CLASS B. "Class B Members" shall be the Declarant, and Members of the Association who are successors in title to Declarant as Owner(s) to .Lot(s), to whom Declarant has specifically granted such Class B Member voting rights in a writing recorded in the records of Ada County, Idaho. If Declarant has not granted such Class B voting rights in such a recorded writing, the Owner of a Lot shall be a Class A Member. The Class B membership and the Class B Member voting rights shall cease and be converted to Class A membership and Class A voting rights when the Declarant (including any transferee who becomes Declarant) relinquishes its rights as Declarant under this Master Declaration. SECTION 6.04 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 and Bylaws, as the same may be amended from time to time. SECTION 6.05 Powers of Association. The Association shall have all powers of a non-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the Bylaws or this Master Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under the Articles, Bylaws or this Master Declaration, and to do and`perform any and all acts which may be necessary or proper for, or incident to, the proper management and operation of the Common Area and the performance of the duties of the Association and other'responsibilities set forth in this Master Declaration, including, but not limited to, the following: (a) .Assessments. The power to determine the amount of and to levy Regular, Special and Limited Assessments on the Owners and/or Lots and to enforce payment thereof in accordance with the provisions of this Master Declaration; (b) 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(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, Bylaws, Master Declaration or ACC Rules/ACC Standards, and to enforce by mandatory injunction or otherwise, all provisions thereof; (c) Creation of Committees and Sub-Associations and Delegation of Powers. The authority to create, and delegate its power and duties to, committees and/or sub- associations it creates, officers, employees, or to any person, firm or corporation to act as manager, and to pay to such manager such compensation as shall be reasonable; (d) Liability of Board Members and Officers. Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, its officer, a manager or any other representative or employee MASTER DECLARATION -Notaries of the Association, or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such information as was available, acted in good faith without willful or intentional misconduct; (e) Association Rules. The powers to adopt, amend, and repeal such rules and regulations as the Association deems reasonable. Such rules shall govern the use by Owners and Occupants or any other person of Common Area and other property owned or controlled by the Association; provided, however, Association rules shall not discriminate among Owners and shall not be inconsistent with the Articles, Bylaws or this Master Declaration. A copy of Association rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and Occupant. Upon such mailings said Association rules shall have the same force and effect as if they were set forth in and were part of this Master Declaration. In the event of any conflict between an Association rule or any provision of the Articles, Bylaws or this Master Declaration, the conflicting provisions of the Association rules shall be deemed superseded to the extent of any such inconsistency; (f) Emeraencv Powers. The Association, or any person authorized by the Association, may enter onto any Lot or into any Building or'other structure on a 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 Occupants as practicable and any damage caused thereby shall `be repaired by the Association unless said entry was necessitated by a condition caused by the Owner or Occupant; (g) Licenses. Easements and Rights-of-Wav. The power to grant and convey to any third party such licenses, easements, rights-of-way or fee title in, on, through, under or of the Common Area and/or the Property as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, .safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, 'operating or maintaining: (i) Underground .lines, cables, wires, conduits and other devices for the transmission of any utility or other service; (ii) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and (iii) Any similar public orquasi-public improvements or facilities; and (h) Fiscal Year. The Board shall have the right to elect a fiscal year for the Association instead of a calendar year for budget, Assessment and accounting purposes. SECTION 6.06 Duties of Association. In addition to the powers delegated to it by the Articles, Bylaws and this Master Declaration, without limiting the generality thereof, the Association or its authorized 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: (a) Operation and Maintenance of Common Area. Perform, or provide for the MASTER DECLARATION -Notaries • performance of, the operation, maintenance and management of the Common Area, if any, owned or controlled by the Association, including the repair and replacement of property or Improvements thereon damaged or destroyed by casualty loss, the maintenance, repair and replacement of any facilities, if any, installed by the Declarant, and the maintenance, management, repair or replacement all other property owned or controlled by the Association, all in compliance with all laws, plans (including, but not limited to, compliance with the Mitigation Plan, as defined in Section 8.01), regulations, statutes and ordinances and agreements affecting the Property, whether recorded or unrecorded; (b) Taxes and Assessments. Pay all real and personal property taxes and assessments levied against the Common Area owned or controlled by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments 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 satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation; (c) Utilities. Acquire, provide`?andlor pay for water, sewer, refuse collection, electrical, telephone, gas and other necessary services for the Common Area owned or controlled by the Association; (d) Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effectthe following policies of insurance: (i) Fire insturance,; including those risks embraced by coverage of the type now known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreement amount basis for the full insurable replacement value of all Improvements, equipment, fixtures and other property located within the Common Area owned or controlled by the Association, including; such equipment, fixtures and other property not located in the Common Area, if the same are used or necessary for the use of .the Common Area or easement areas under the control of the Association; (ii) Comprehensive public liability insurance insuring the Association, the Board, officers, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area owned by the Association or easement areas under the control of the Association. The limits of liability of such coverage shall be as determined by the Board of Directors; (iii) If elected by the Board, full coverage directors and officer's liability insurance in an amount determined by the Board; (iv) 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 MASTER DECLARATION - NoW ries • or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property; (v) The Association shall be deemed a trustee of the interests of all Owners in 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; and (vi) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. (e) Administration Fees -Costs. Pay to the Declarant, so long as the Declarant manages the Association, all actual out-of-pocket costs paid or incurred by the Declarant in the management and administration of the affairs of the Association plus an administrative fee equal to current market fees as are typically charged for such management and administration for similar properties in Boise, Idaho, and which administrative fee shall be compensation to the Declarant for the services provided to the Association; (f) Identification Signs. Maintain, repair and replace all permanent entry and special identification signs for the Property, whether the same is located within or without the boundaries of`the Property; (g) Rule Making. Make, establish, create, amend and repeal Association rules; (h) Architectural Control Committee. Appoint and remove members of the ACC, all subject to the provisions of thisrMaster Declaration; (i) Enforcement of Restrictions and Rules. Perform such other reasonable acts, whether or not expressly authorized by this Master Declaration, to enforce any of the provisions of this Master Declaration and the Association rules for which enforcement is desirable as determined by the Association;' and (j) Annual Meeting. Hold an annual meeting for the Members. SECTION 6.07 Cost of Maintenance Reaairs and Replacement. The cost of the maintenance, repairs and replacements of the Improvements located on a Common Area, the drainage swales, if any, located thereon within the public right(s)-of-way within the Subdivision, or any other Improvement, property or facility required by this Master Declaration to be maintained, repaired or replaced by the Association and the continuing operational expenses in connection therewith, including taxes, shall be paid by the Association from the funds of the Association obtained by Regular or Special Assessments against the Lots within the Subdivision which are served thereby. Such costs and expenses (hereafter "cost and expenses") shall be apportioned among the Lots within the Subdivision served thereby on an equal basis. The Association shall have the right to establish a reserve account to implement the purposes of this Master Declaration, and the Board shall have the right to assess each Lot an amount to be included in a Regular or Special Assessment. The amount of said Regular or Special Assessment shall be determined by the Board. The Board shall have the right to place all funds collected in an interest-bearing account in an appropriate financial institution. In the event the Association does not have MASTER DECLARATION -Notaries adequate funds to pay the cost and expenses deemed by the Association to be required, the deficiency shall be assessed to each Lot, on an equal basis, as a Special Assessment. The Association may enter into contractual agreements or covenants to share costs with any neighboring properties or the Country Club to contribute funds for, among other things, shared or mutually beneficial property or services andlor a higher level of Common Area maintenance. SECTION 6.08 Budgets and Financial Statements. Financial statements for the Association shall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed at the Association's annual meeting; and (b) The Association, or its agent, shall cause to be prepared and delivered at the Association's annual meeting, a balance sheet as of the last day of the Association's fiscal year and an annual operating statement reflecting the income and expenditures of the Association for that fiscal year. SECTION 6.09 Effective Date. The provisions of this Article VI shall become operative upon the creation by the Declarant of the Association and the conveyance to said Association of fee simple title to the Common Area within the Subdivisioh: Until the creation and organization of the Association, the Declarant shall have the right to exercise all of the powers of the Association set forth in this Master Declaration. ARTICLE VII ASSOCIATION PROPERTY SECTION 7.01 Use. Each Owner of a Lot, his family, licensees, invitees, lessees and contract purchasers who reside on the Lot, shall be entitled to use the Common Area, subject to the following: (a) Articles, Etc. The provisions of the Articles and Bylaws of the Association applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, ,regulations and'standards promulgated thereunder. Each Owner, in using the Association properties, shall comply with the same; (b) Suspension of Rights. The right of the Association to suspend the rights to use properties owned by it (except roads and other means of access by an Owner) for any period during which any Assessment against that Owner's Lot remains unpaid; and for any infraction or published rules and regulations of the Association; (c) Dedications. The right of the Association to dedicate or transfer all or any part of properties owned by it to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Board, so long as said transfer does not diminish the security of the Mortgagees on any Lot or Common Area in the Subdivision; (d) Conveyance of Common Area. Except as provided in subsection (c), above, no portion of the Common Area shall be conveyed by the Association unless the Board of Directors of the Association determines that such conveyance is in the best interests of the Subdivision, which determination shall be made following a regular or special meeting of the Members of the Association at which meeting the proposed conveyance is presented MASTER DECLARATION -Notaries • by the Board of Directors and the Members have the opportunity to present testimony in support of or against such proposed conveyance; and (e) Mortgage of Common Area. After the Class A Members become entitled to voting rights, no portion of the Common Area shall be mortgaged by the Association without the prior approval of at least two-thirds (2/3rds) of the Class A Members, which approval may be obtained in writing or by a vote of the Class A Members at a meeting called for such purpose and, with respect to such meeting, the provisions concerning notice and quorum in Section 9.10, below, shall apply. SECTION 7.02 Liability for Damage. In the event that any maintenance, repair or replacement of all or any portion of the any Improvements located on a Common Area, and the Subdivision, and/or located thereon within the public right(s)-of-way within the Subdivision, or any other Improvement, property or facility required by this Master Declaration to be maintained, repaired or replaced by the Association, is performed by the Association as a result of the willful or negligent act or omission of an Owner or Occupant, or a family member, guest or invitee of an Owner or Occupant, the cost of such maintenance, repair or replacement shall be reimbursed by said Owner to the Association and/or the Association may assess the cost of the same against said Owner and the Owner's Lot as a Limited Assessment, as provided in this Master Declaration and may be collected as provided in Article IX, below. Each Owner of property adjacent to the Country.. Club, including, but not limited to the golf course, acknowledges that the detriments of such property ownership include: (a) the risk of damage to property or injury to persons and animals from golf balls which are hit onto an Owner's lot;.: (b) the entry by golfers onto an Owner's lot to retrieve golf balls; (c) overspray,in connection with the watering of the roughs, fairways and greens on the golf course; (d) 'noise from golf course maintenance and operation equipment (including, without 'limitation, compressors, blowers, mulches, tractors, utility vehicles and pumps, all of which may be operated at all times of the day and night and/or continuously); (e) odors arising from irrigation and fertilization of the turf situated on the golf course; (f) disturbance and loss of privacy resulting from motorized golf car traffic and golfers; and (g) existence of water hazards, ponds, and/or lakes on the golf course. Additionally each Owner acknowledges that pesticides, herbicides, fungicides, chemicals and fertilizers may be applied to the golf course throughout the year and that reclaimed water, treated waste water or other sources of non-potable water may be used for irrigation of the golf course. Neither the Association, the Board, the Country Club nor the Declarant shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence of wildlife within the Property. MASTER DECLARATION -Notaries • • SECTION 7.03 Damage and Destruction. In the case of damage by fire or other casualty to property owned by the Association, insurance proceeds to compensate for damage and destruction shall be paid to the Association, as the case may be, and the recipient thereof shall thereafter determine what repair or reconstruction shall be undertaken. SECTION 7.04 Condemnation. If at any time any part of the Common Area or other property owned by the Association can be taken or condemned by any public entity or sold or otherwise disposed of in lieu thereof, all compensation, damages or other proceeds shall be paid to the Association whichever entity owns said property. The recipient of said payment shall then use all or a portion of the funds to pay obligations secured by any lien on the property taken and thereafter may determine to use the funds to (i) improve other properties of the Association; (ii) acquire and/or improve additional properties for the Association; or (iii) use such proceeds to reduce future assessments. ARTICLE VIII ASSESSMENTS SECTION 8.01 Covenant to Pay Assessments. Each Owner hereby, and by acceptance of a deed to a Lot, covenants and agrees to pay when due all Regular, Special and Limited Assessments or charges made by the Association. All such Assessments, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due and payable. The personal obligation for delinquent Assessments shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Area or by abandonment of his. or her Lot. SECTION 8.02- Regular. Assessments. Regular Assessments shall be made by the Association in such amounts and at times and intervals deemed appropriate by the Board. The Regular Assessments shall be based upon advance estimates of cash requirements as determined by the Board for the maintenance and operation of the Common Area and all easement areas, if any, owned or controlled by the Association 'and for the performance by the Association of its other duties and responsibilities, including, but not limited to, compliance with the Mitigation Plan. Such estimates may include, but shall not be limited to, expenses of management, taxes and special assessments of local governmental units, premiums for all insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). The monthly Regular Assessment shall be set by the Board from time to time. SECTION 8.03 Special Assessments. In addition to Regular Assessments, the Association may levy at any time a Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reconstruction of Improvements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furnishing of a special service or services (other than those appropriate for a Limited MASTER DECLARATION -Notaries • • Assessment), or for any other expenses incurred or to be incurred as provided in this Master Declaration; and (b) To cure a deficit in the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or fiscal year are or will be inadequate to pay, as determined by the Board; and/or (c) To cure a deficit in the payment of any transfer fees related to the Mitigation Plan. At the closing of the sale of each Lot by the Declarant, a special assessment in an amount determined by the Board from time to time shall be collected from the purchaser of the Lot as payment to the Association for the set-up costs and the maintenance of the Common Area and landscape easements to be maintained by the Association. Upon the transfer of ownership of a Lot by an Owner to a third party, a transfer fee in an amount determined by the Board from time to time shall be payable by the Owner to the Association, rop vided, that no transfer fee shall be payable if the Lot was purchased by a builder from the Declarant and within one (1) year thereafter sold and transferred to a third Party. SECTION 8.04 Limited Assessments. In addition to Regular and Special Assessments, Owners shall pay Limited Assessments as follows: (a) Maintenance and Repair.. The Association shall have the power, but not the obligation, to incur expenses for maintenance and repair of-any Lot or the maintenance, repair, completion or removal of, any Improvement on a Lot, including the Street Landscape Buffer (as defined in Section 5.14(b), above),. and a Common Driveway (as defined in Section 5:14) if such maintenance and repair; completion or removal, is necessary, is necessary to protect the Common Area or any other portion of the Property, and/or the existence of the condition of the Lot and/or Improvement reflects anything other than a first-class residential subdivision and/or in violation of Section 5.14, or failure to comply .with the Mitigation Plan, as determined by the Board in its discretion, and if the Owner of said Lot has failed or refused to perform said maintenance or repair within a reasonable timeframe after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board shall levy a Limited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, completion and/or removal, and any other cost or expense, including attorneys' fees, arising out of or incident to such maintenance and repair, completion, and/or removal and the Assessment therefore; (b) Correction of Violations. In addition to maintenance and repair, the Board, upon certification from the ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any Improvement on a Lot, and incur costs necessary in connection therewith. The cost of such corrective action, together with interest, related expenses and attorneys' fees shall be assessed and collected as set forth in this Article X and Article IX of this Master Declaration; and (c) Limited Purgose. The Association shall have the power to levy a Limited Assessment against Owners and Lots for any limited special purpose which the Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the Association. Such Limited Assessment shall not be made until the Owners of said Lots subject thereto have been given an opportunity, after notice, to participate in a hearing MASTER DECLARATION -Notaries • • with respect to said Limited Assessment. SECTION 8.05 Commencement of Regular Assessments. Regular Assessments of the Association against each Lot shall commence the date of the closing of the first sale of a Lot to an Owner. Provided, however, that any Lot owned by the Declarant shall be assessed a Regular Assessment not exceeding ten percent (10%) of the amount assessed against Lots owned by other Owners. If the Declarant pays all or any portion of the expenses of the Association in excess of the amount assessed to Lots owned by the Declarant, such excess amounts so paid shall constitute either (i) a prepayment of Assessments (Regular and Special) to become due and payable on the Lots owned by the Declarant within the Property, or (ii) a loan by the Declarant to the Association, which loan, without interest, shall be repaid by the Association to the Declarant from the funds of the Association which are available to make such repayment. Nothing herein contained shall obligate the Declarant to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within the Property in which the Declarant owns all of the Lots. SECTION 8.06 Uniform Rate of Assessment. Except as expressly provided to the contrary in this Master Declaration, Regular and Special Assessments of the Association shall be fixed at a uniform rate for all Lots. SECTION 8.07 Assessment Due Date. „The due dates for Regular, Special and Limited Assessments shall be the first day of the first month: of each calendar quarter, unless some other due date is established by the Board. Each installment'of an Assessment shall be delinquent if not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Special or Limited Assessments be paid in a lump sum instead of installments. SECTION 8.08 Interest and Penalties. Any Regular, Special or Limited Assessment levied by the Association on Lots, if not paid when due, shall bear interest at an annual rate as shall be set by the Board from time to time, or if none is so set, at an annual rate of twelve percent (12%). Such interest shall commence on the date the Assessment becomes due and payable. In addition to the interest charge the Board may, in accordance, with rules and regulations promulgated by it, impose additional fines or charges for the failure<of an Owner to timely pay any Assessment when due. The right of the Board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non-payment of an Assessment. SECTION 8.09 Estoppel Certificate. The Association, upon not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not to the knowledge of the Association, a particular Owner is in default under the provisions of this Master Declaration and further stating the dates to which Assessments have been paid by said Owner, it being intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or Mortgagee of said Lot, but reliance on such certificate may not extend to any default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable fee for the certification herein provided. SECTION 8.10 Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Articles or the Bylaws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment described in Section 8.03, above, or a Limited Assessment described in Section 8.04, above, shall be sent to each Owner whose Lot is subject to the levy of such Special or Limited Assessment not less than ten (10) nor more than fifty (50) days in advance of the meeting. The presence of sixty percent (60%) of the Owners, who have voting rights in the Association, MASTER DECLARATION -Notaries • • either in person or by proxy, shall constitute a quorum. If the required quorum is not present, the meeting may be rescheduled by the Board for a date not later than sixty (60) days after the date of initial meeting and at the rescheduled meeting the presence of ten percent (10%) of the Owners who have voting rights in the Association, either in person or by proxy, shall constitute a quorum. No written notice of the rescheduled meeting shall be required. Notwithstanding the foregoing, in a case involving the levying of a Limited Assessment on a Lot, as provided in Section 9.04, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum at the initial meeting, and the Board may approve and levy such Limited Assessment even though the Owner of the Lot subject thereto is not present in person or by proxy. ARTICLE IX ENFORCEMENT OF ASSESSMENTS SECTION 9.01 Right to Enforce. The right to collect and enforce payment of the Assessments made by the Association is vested in the Association. Each Owner of a Lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. In the event an attorney is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement is sought shall pay reasonable attorneys' fees in connection. therewith. SECTION 9.02 Creation of Assessment Liens. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against any and all Lots within the Property pursuant to this Master Declaration, together with interest thereon and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees.. There is hereby created a cohtinuing claim of lien with power of sale on each and every Lot to secure payment of any and all dues, fees and/or other charges due to the Country Club ("Country Club Fees") owed by any Member pursuant to the Country Club membership requirements defined within this Master Declaration,,togethertyith interest thereon and all costs of collection which may be paid or incurred'by the Association in connection therewith, including reasonable attorneys' fees. Said lien(s) shall be,prior and superior to'all other liens (including Mortgages and/or Deeds of Trust) or claims created subsequent to the recordation of this Master Declaration except only for: (i) valid tax and special assessment liens on Lots in favor of any governmental unit assessing authority; (ii) a lien for all sums unpaid and secured by a first Mortgage or-first Deed of Trust, duly recorded in Ada County, Idaho, including all unpaid obligatory advances to be made pursuant thereto, in which the first Mortgagee has been given and made in good faith and for value, which first Mortgage or first Deed of Trust is of record as an encumbrance against such Lot prior to the recordation of an Assessment claim of lien; and (iii) labor or materialmen's liens, if the same are prior and superior by reason of applicable law. Except as expressly provided in this Section 9.02, the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. All other lien holders acquiring liens on any Lot after recordation of this Master Declaration shall be deemed to consent that such liens shall be inferior liens to the lien for Assessments levied by the Association, whether or not such consent is specifically set forth in the instruments creating such other liens. SECTION 9.03 Notice of Assessment. If an Owner fails to pay an Assessment or Country Club Fees required as part of this agreement, within thirty (30) days of its due date, the Association shall prepare a MASTER DECLARATION -Notaries • . written Notice of Assessment setting forth the type of Assessment, the amount of the Assessment, the due date thereof, including the amount and due date of installments (if the same are permitted), the amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall be signed by the President and Secretary of the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Recorder. At such time as a delinquent Assessment which is described in the Notice is paid, the Association shall prepare and record a Notice of Satisfaction with respect thereto. SECTION 9.04 Enforcement. Upon the failure of an Owner to pay an or Country Club Fees required as part of this agreement, in accordance with its terms, the lien for Assessment herein created may be enforced by sale by the Association, such sale to be conducted in the manner provided by law in Idaho for the exercise of the power of sale in Deeds of Trust or in any other manner permitted by law elected by the Board. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including all reasonable attorneys' fees.. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. SECTION 9.05 Notice Required. Notwithstanding anything to the contrary contained in this Master Declaration, no action may be brought to foreclose the lien for any Assessment, or Country Club Fees required as part of this agreement, whether by power of sale or otherwise, until the expiration of thirty (30) days after written Notice of Default has beeh deposited in the United States mail, certified or registered mail, postage prepaid, return receipt requested, addressed to the Owner of the Lot described in such Notice at the last known,address'of the Owner as shown on the books and records of the Association. Said Notice shall specify the amount and due date. of the unpaid Assessment(s) or Country Club Fees required as part of this agreement, and the legal description of the Lot. SECTION 9.061 Reporting. The Association shall provide a Mortgagee with a copy of a Notice of Default served. on an Owner under Section 9.05; above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Association written notice of a Mortgage (or Deed of Trust) which shall contain the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subject to the lien of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; (d) The date the lien of the Mortgage was filed of record in Ada County, Idaho, and the instrument number thereof; (e) The maturity date of the obligation secured by said Mortgage lien; (f) A copy of a title insurance report evidencing that the Mortgagee is the holder of a first Mortgage or the beneficiary of a first Deed of Trust; (g) The signature of the Mortgagee or authorized agent. MASTER DECLARATION - NoUries • • In the event the Association shall be required to notify a Mortgagee as herein provided, the Association shall assess the Owner who is delinquent an amount for such notification and such charge shall be a cost of collection secured by the Assessment lien described in Section 9.02, above, as such amount is determined by the Board from time to time. SECTION 9.07 Non-Exclusive Remedy. The remedies set forth in this Article or elsewhere in this Master Declaration shall not be deemed to be an exclusive remedy and the Association may pursue all other remedies available at law or in equity. ARTICLE X ARCHITECTURAL CONTROL COMMITTEE SECTION 10.01 Members of the Committee. The ACC shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said Member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. SECTION 10.02 Appointment. For so long as Declarant exercises its rights as Declarant, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2);members of the ACC shall constitute an act of the ACC. SECTION 10.03 Compensation. The members of the ACC shall not receive any compensation for services rendered, but shall_be reimbursed for actual expenses incurred by them in the performance of their duties hereunder. Nothing.. herein shall prohibit or restrict the ACC from contracting with a member of the ACC who is professionally qualified as an architect, engineer or designer for the review of the plans and specifications described. in Section 10.07, below. SECTION 10.04 Non-Liability. Neither the Board, ACC, Declarant (and in the case of an Owner, the Association), or any member, partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person, for any claim, cost, loss, damage or injury arising out of or connected with the performance of the powers, duties and/or responsibilities in the Project Documents, by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application, and/or determinations related to violations and enforcement of this Master Declaration and/or ACC Rules/ACC Standards. Every person who submits an application to the ACC for approval of plans and specifications agrees, by submission of such an application, and every Owner or Occupant of any Lot agrees, by acquiring title thereto or an interest therein, not to bring any action or suit against the Association, the ACC, or any member thereof, or the Declarant or any officer, partner, employee, agent, successor or assign regarding the above. SECTION 10.05 Approval Reauired. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within the Property without the prior express written approval of the ACC. SECTION 10.06 Variances. The ACC may authorize variances from compliance with the requirements of any conditions and restrictions contained in this Master Declaration, the ACC Rules/ACC Standards, or MASTER DECLARATION -Notaries any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval 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 Master Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant. to this Section shall not relieve the Owner from the obligation to fully comply with the ordinances of the City of Boise, Idaho, applicable to the Property. SECTION 10.07 Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any Improvements within the Property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "plans and specifications") prepared in accordance with acceptable architectural standards and submitted with the application form., if any, approved by the ACC: (a) Site Plan. 'A site plan showing the location of the Building(s) and all other structures and Improvements including, fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and. other pertinent information relating to the Improvements; (b) Building Plan:. A building plan which shall consist of preliminary or final blueprints, elevation drawings.. of the north, south, east and west sides, and detailed exterior specifications which shall indicate, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used; (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped, including the Street Landscape Buffer (as defined in Section 5.14(b), above), which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways, and which will promote water efficient landscape practices in compliance with applicable ACC Rules/ACC Standards; and (d) Evidence of Cost. Such evidence of the cost of the Improvements as shall be satisfactory to the ACC to assure compliance with the requirements, if any, of the ACC Design Standards. The ACC may, in its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other information as the ACC, in its sole discretion reasonably exercised, shall deem necessary or convenient for the purpose of assisting the ACC in reviewing and processing the application. MASTER DECLARATION -Notaries • • SECTION 10.08 Completion Security Deposit. At the time of the submission of the application under Section 10.07, above, the Owner shall deposit with the ACC, as a completion security deposit (hereafter "Completion Deposit"), as such amount is determined by the ACC from time to time. The Completion Deposit shall be held by the ACC as security for the completion by the Owner of the Improvements on the Lot as approved by the ACC, as required by for the completion of Improvements described in Section 5.03 and landscaping as provided in Section 5.25. If an Owner meets the completion deadlines and requests return of the Completion Deposit in writing within sixty (60) days after such deadlines have passed, the Completion Deposit shall be returned to the Owner without interest. If the Owner fails to complete such Improvements, and/or fails to request return of such Completion Deposits within such designated periods stated above, the ACC shall have the right to: (a) deduct from such Completion Deposit the amount of any penalties, off-sets and costs as set forth in this Master Declaration or the ACC Rules/ACC Standards, including any costs which may be paid or incurred by the Association or a third party to complete or remove such Improvements, as the case may be; and (b) deduct the Inspection Fee(s) payable by an Owner to the ACC under Section 10.17, from the Completion Deposit. Any remaining Completion Deposit shall be forfeited by Owner, and shall be retained for the Association's and/or the ACC's use for any purpose, free and clear of any interest of the Owner. SECTION 10.09 Decision. In reviewing the application and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain the Property as a quality residential development. Unless extended by mutual_consent of the Owner and the ACC;. the ACC shall render its decision with respect to an application within forty-five (45) days after the receipt of a properly submitted application. The decision of the ACC can be in the form of an approval, a conditional approval or denial. The decision of the ACC shall be in writing, signed by a member. of the ACC, dated, and a copy thereof mailed to the Owner at the address shown on the application. A conditional approval. shall set forth with particularity the conditions upon which the application is approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the work to which said plans relate. A denial of an application shall state with particularity the reasons for such denial. SECTION 10.10 Inspection .and Complaints. The ACC is empowered to inspect all work in progress on any Lot at any time. Such inspection shall be for the purpose of determining whether the Owner is proceeding in accordance with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC is empowered to receive from other Owners ("Complainant") complaints in writing involving deviations from approved applications or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC receives such a complaint from a Complainant, it shall first determine the validity of such complaint by inspection or otherwise. Should the ACC determine that there has been a deviation or a violation, it shall promptly issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand that the Owner conform to either or both of the following directives: MASTER DECLARATION - Nogries • U (a) The Owner shall immediately cease the activity which constitutes a deviation or violation: and (b) The Owner shall adhere to the corrective measures set forth in the written notice. Should the ACC determine there has been no deviation or violation, it shall promptly issue a notice of such determination to the Owner and the Complainant. SECTION 10.11 Hearin An Owner submitting an application under Section 10.07, above, or served with a written notice of deviation or violation, or a Complainant .shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting facts and information to the ACC. Such hearing must be requested by such party within ten (10) days from the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall issue a written opinion to the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with respect to the matters at issue and shall affirm, modify or rescind its previous decision as contained in the original written notice. If the ACC incurs any costs or expenses in connection with the investigation, processing or hearing on a matter involving a deviation or violation, including the costs of retaining a consultant(s) to advise the ACC and legal fees, such costs shall be paid by the Complainant unless an Owner is found to be in violation, in which event such Owner shall pay all such costs. The payment of such costs shall be enforceable as provided in Section 10.13, below: SECTION 10.12 Appeal. Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the ACC on an'application with respect to the conditions imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 10:11, above,. provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal with respect to deviations or violations unless said Owner or Complainant has participated in the ACC hearing. A notice of appeal shall be in writing and shall be delivered by mail to the Secretary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, if any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant to appeal a decision of the ACC in the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal said decision and it shall be binding and enforceable. The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, if any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also be served by mail upon~ach member of the ACC. The Board may require the Owner or Complainant to provide additional information to facilitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the ACC shall be considered final and not subject to further appeal. MASTER DECLARATION -Notaries • • At the hearing the Owner, Complainant, if any, and the ACC, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the ACC shall have the opportunity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the ACC will have the opportunity to present final argument consistent with rules adopted by the Board for such hearing process. Any party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shalt reconvene at a time and place determined by the Board, at which time the Board shall cast its official ballot and the decision shall be duly recorded in the minutes of the meeting. The Owner, the Complainant, if any, and the ACC members shall be given written notice of the decision which shall be deemed given when deposited in the United States mail, postage prepaid and properly addressed. If the Board incurs any costs or expenses in connection with the investigation, processing or hearing on an appeal, including the costs of retaining a consultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the ACC, in which event such costs shall be paid by the Association. If the party filing the appeal is obligated to pay such costs, payment of the same shall be enforceable as provided in Section 10.13, below. A decision of the Board of an appeal shall be final and shall not be subject to reconsideration or further appeal SECTION 10.13 Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary'or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which- violates'. the provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and specifications. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. The authority of the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying out said legal or equitable proceedings, all of which costs shall be paid by the Association. In the event the ACC and/or Association shall prevail in any such legal or equitable proceedings, all costs and expenses incurred in connection therewith including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after written demand therefor is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner and the Lot owned by the Owner which Assessment shall be equal to said costs and expenses incurred plus any additional costs and expenses incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time or in such installments as may be determined by the Board, in its MASTER DECLARATION -Notaries • sole discretion. The failure of the Owner to pay said assessments, or any installment thereof when due, shall be enforceable in the manner provided in Article IX, above. SECTION 10.14 Additional Damages. In addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation or the costs and expenses incurred by the Association to correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case may be, which Limited Assessment shall be due and payable at such time or in such installments as determined by the Board, in its sole discretion. The right of the Board to enforce said Limited Assessment shall be the same a provided in Article X, above. SECTION 10.15 Non-Exclusive Remedv. The right of the Association to levy a Limited Assessment as as described in Sections 10.13 and 10.14, above, shall not be deemed to be an exclusive remedy of the Association and it may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of said Limited Assessment(s), proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. SECTION 10.16 Private Rights. The Association shall not mediate or litigate a "private dispute" between Owners. As used herein, a "private dispute" shall mean a dispute to which either of the following apply: (i) the Association has determined that there is no violation of this Master Declaration or the ACC Rules/ACC Standards, or other Project Documents; and/or (ii) in the sole discretion of the Board, the Board determines that the neither the interests of the Association or a substantial number of the Owners would be benefitted by the Board: and/or the Association's mediation and/or litigation of such dispute. SECTION 10.17 Inspection Fee(s).. The ACC shall have the right to charge an Owner an inspection fee (hereafter "Inspection Fee") as determined by the ACC from time to time for each inspection of the Improvements constructed oh a Lot if the initial inspection, which shall be performed by the ACC without cost to the Owner,`reveals that the. Improvements do not comply with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications, and an additional inspection(s) is required to assure such compliance. Any collection of Inspection Fee(s) so charged by the ACC to an Owner shall be enforceable as provided in Section 10.13, above. MASTER DECLARATION -Notaries ARTICLE XI ANNEXATION SECTION 11.01 Annexation. Additional property may be annexed to the Subdivision and brought within the provisions of this Master Declaration by the Declarant, at any time, without the approval of any Owner or the Association. To annex additional property to the Subdivision, the Declarant shall record a Supplemental Declaration to this Master Declaration which shall specify the annexation of the additional property to the Subdivision and which may supplement this Master Declaration with additional, amended or different covenants and restrictions applicable to the annexed property, as the Declarant may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Declarant deems not appropriate for the annexed property, so long as the additional, different, deleted or modified covenants or restrictions. Upon such annexation, the Owners of the Lots within the annexed property shall become members of the Association with all rights, privileges and obligations as all other members as provided in this Master Declaration. The amendment of this Master Declaration as authorized by this Section, to annex additional property to the Subdivision, shall be controlled by the provisions of this Section and shall. be expressly excluded from the requirements of Section 12.02 of this Master Declaration. SECTION 11.02 De-Annexation. The Declarant shall have the right to delete all or a portion of the Property from the coverage of this Master Declaration and the jurisdiction of the Association, so long as the Declarant is the Owner of all of the.. property to be de-annexed and, provided further, that an appropriate amendment to this Master Declaration is recorded in the office of the Ada County Recorder. 'ARTICLE XII COUNTRY CLUB SECTION 12.01 Country Club Relationshiu. Membership in the Association is not a Membership in the Country Club. No right, title or interest whatsoever in the Country Club is transferred to any lot, parcel or Common Area except through a separate and independent contract with the owner of the Country Club. The Country Club includes all facilities located or operated on The Club at Spurwing property (whether leased or owned), including the Challenge Course, including without limitation the golf holes, driving range, cart paths, practice .facilities, lakes, ponds and streams, clubhouse, restrooms, maintenance facilities, cart or caddy facilities, tennis courts, pools, restaurants, parking lots, other recreational facilities, and nurseries. The Country Club shall have the right, from time to time in its sole and absolute discretion and without notice, to cease operations or to amend or waive the terms and conditions relating use of the Country Club, including, without limitation, eligibility for and duration of use rights, categories of use, extent of use privileges, and number of users, and shall also have the right to reserve use rights and to terminate use rights altogether, subject to the terms of any written membership agreements or documents. Use rights in or membership in the Country Club, including the Challenge Course are available to the general public. Application for membership in the Country Club is made through a process of the submission of a separate application for non-equity membership in the Country Club, to the Country Club owner or such owner's designee. All Persons, including all Owners, are advised that no representations or warranties have been or are authorized by Declarant, any Affiliate of Declarant, the Association, any Builder, or by any Person acting on behalf of any of the foregoing, with regard to the continuing ownership, operation, use, management, or membership structure of the Country Club. No purported representation or warranty in such regard, either written or oral, shall be effective unless specifically set forth in a written instrument executed by the record owner of the Country Club. MASTER DECLARATION -Notaries SECTION 12.02 Mandatory Club Membership. No later than the first to occur of (i) sixty (60) days after signing the purchase agreement, or (ii) closing on the Lot, every Owner, other than the Declarant or a ;Builtler, is required to submit an application to The Club at Spurwing fora _Challenge Course --.. - -. membership in the Country Club ("Challenge Membership") and, upon acceptance for membership by the Country Club, must submit a membership agreement and pay the then current initiation fee for a Challenge Membership to the Country Club. The Club Owner may accept or reject any Owner's application for membership in its sole discretion, and the decision of the Club Owner on any application shall be final. The purchase of a Lot is not a guarantee that an application for membership in the Country Club will be accepted. SECTION 12.03 Mandatory Club Membership Dues. Pursuant to each Owner's membership, the Country Club shall be entitled to charge and collect from each Owner dues on a monthly basis ("Club Membership Dues"). SECTION 12.04 Upgraded Club Membership. The Club will offer a variety of memberships over and above the mandatory Challenge Membership. Owners shall be entitled. to upgrade their mandatory Challenge Membership pursuant to the membership plan, bylaws and rules and regulations of the Country Club, as amended from time to time. Provided the Owner is paying dues on the upgraded Membership, an Owner who upgrades his or her Challenge Membership shall be excused from paying Club Membership Dues on a Challenge',Membership. SECTION 12.05 View Imuairment. No guarantee or representation is made that any view over and across the Common Areas, golf course, the lakes, ponds any open space areas including Country Club facilities from Community lots will be preserved without impairment. The Country Club shall have no obligation to prune or thin trees or'other landscaping, and shall have the right, in its sole and absolute discretion, to add trees and other landscaping to the golf courses from time to time. In addition, the Country Club may, in its sole and absolute discretion, change the location, configuration, size and. elevation of the trees, bunkers, fairways and greens, or holes on the golf courses from time to time: Any such additions or changes to the golf courses may diminish or obstruct any view from the lots or parcels in the Community and any expressed or implied easements for view purposes or for the passage oflght and air are hereby expressly disclaimed by Declarant, Association and Country Club:.. SECTION 12.06 Interference with the Country Club. The Association may not interfere with the use, ownership, appearance, or operation of the Country Club. Owners, as well as their families, tenants, guests, invitees, and pets, shall refrain from any actions which would distract from the playing qualities of the Country Club adjacent to the Property, or which would distract from the use of the Country Club. Such prohibited activities shall include, but shall not be limited to, burning materials where the smoke will cross the golf course or other club facilities, maintenance of dogs or other pets which interfere with golf course play or use of the other club facilities due to their loud barking or other actions, playing of loud radios, televisions, stereos or musical instruments, running, bicycling, skateboarding, walking or trespassing in any way on the golf course or other club facilities, picking up balls or similar interference with play. No Person shall have any right to use any portion of any golf cart path system, including any portion thereof which may be situated upon Common Area, without the prior written approval of the owner of such golf course. The lot Owners' right to use the Country Club property, if any, shall be solely by Comme~ [MARS]: We need to define Builder. MASTER DECLARATION - Nogries separate contract between the Owner and the Country Club. No swimming shall be conducted on the lakes, any ponds or streams within the Country Club or the Property. Neither the Association nor the Declarant shall be held liable for any loss or damage by reason of use of the lakes, ponds or streams for any purpose by Owners, their invitees, licensees, and tenants. Each Person assumes all risks of personal injury, and loss or damage to property, including lots, resulting from, or associated with, authorized or unauthorized use of the lakes, any pond, or streams within the Country Club or Community. ARTICLE XIII MISCELLANEOUS SECTION 13.01 Term. This Master Declaration and all covenants, conditions, restrictions and easements contained herein shall run until December 31, 2043, unless amended as hereafter provided. After December 31, 2043, said covenants, conditions, restrictions and easements shall be automatically extended for successive period of ten (10) years each, unless extinguished by a written instrument executed by the Owners of at least three-fourths (3/4) of the Lots covered by this Master Declaration and such written instrument is recorded with the Ada County Recorder. SECTION 13.02 Amendment. This Master Declaration may be amended as follows: (a) By Declarant. Until title to a Lot within the Property is conveyed by the Declarant to an Owner, this` Master Declaration may be terminated by the Declarant by recordation of a written instrument signed by the Declarant and acknowledged setting forth such amendment or termination. (b) By Owners. Except as otherwise expressly provided this Master Declaration, the provisions of this Master Declaration,. other than this Section, may be amended by an instrument in writing, signed by a majority of all of the Class B votes held by the Class B Members, as certified by the President and Secretary of the Association. After the Class A Members become entitled to voting rights, the provisions of this Master Declaration, other than this Section, may be amended by an instrument in writing, approved by at least 50% of the of the total of the Class A votes cast by the Class A Members either in person or by proxy at a meeting of the Class A Members duly held for such purpose, as certified by the President and Secretary of the Association. Any amendment to this Section 13.02 shall require: (i) the signatures of at least 66.67% of all of the Class B votes held by the Class B Members, as certified by the President and Secretary of the Association, and any the vote of the Class B Members, or (ii) after the Class A Members become entitled to voting rights, approval by 66.67% of the total of the Class A votes cast by the Class A Members either in person or by proxy at a meeting of the Class A Members duly held for such purpose, as certified by the President and Secretary of the Association. Amendments complying with this Section 12.02 shall be effective upon recordation with the Ada County Recorder. (c) By Necessity. Declarant shall have the exclusive right, power and authority to amend this Master Declaration, or any of the Subdivision documents, at any time and at its sole discretion, if such amendment is: (i) necessary to bring any provision into compliance with any applicable laws, statutes, rules, plans, ordinances, or other agreements governing the Property; (ii) necessary to enable any reputable title insurance company to issue title MASTER DECLARATION -Notaries • insurance coverage for the Lots; (iii) required by an institutional or governmental lender or purchaser of mortgage loans, to enable such lender or purchaser to make or purchase mortgage loans on the Lots; (iv) necessary to enable any governmental authority or reputable private insurance company or lender to make insure or purchase mortgage loans on the Lots; and/or (v) otherwise necessary to satisfy the requirements of any governmental orquasi-governmental authority or applicable federal, state or local statute, ordinance, and/or law. (d) Citv of Boise Aouroval. Notwithstanding anything to the contrary in the foregoing, the following amendments to this Master Declaration shall additionally require the approval of the City of Boise: (i) amendments limiting the definitions of "Canal" and "Common Area" in Article III; (ii) amendments limiting the grant of water; access, Common Driveway, or Canal easements contained in Section 5.07(b), (c), (f), or (g); (iii) amendments affecting storm drainage as provided in Section 5.26; and (iv) amendments limiting the use, maintenance or control of the Common Area by the Association in Section 6.06(a). SECTION 13.03 Books and Records. All accounting books and records, and meeting minutes of the Board and Association, and any other records determined by the Board in its sole discretion, shall be made available for inspection and copying by any Owner.. or by his duly authorized representative, at any reasonable time and for a purpose reasonably related to his interest as a member in the Association, or at such other place and time as the Board shall prescribe. SECTION 13.04 Non-Waiver. The failure of the Declarant, the Board or any Owner in any one or more instances to insist upon the strict. performance of any of the covenants, conditions, restrictions, easements or other provisions` of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future, of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect: SECTION 13.05 Acceptance. Each" Owner of a Lot, each purchaser of a Lot under a contract or agreemehf of sale and each_halder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants, conditions, restrictions, easements and' other provisions set forth in this Master Declaration and agrees to be bound by the same. SECTION 13.06 Indemnification of Board Members. Each member of the Board and each member of the ACC shall be indemnified by the Owners against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be a party or in which said member may become involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expenses or liabilities are incurred, except in such cases wherein said person is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best interest of the Association or Owners. This Section shall extend to and apply also for the indemnification of the Declarant during the initial period of operation of the Association or prior thereto during the period the Declarant is exercising the powers of the Association. SECTION 13.07 Notices. Any notice permitted or required to be delivered as provided in this Master Declaration shall be in writing and shall be delivered either personally or by mail. If delivery is made by MASTER DECLARATION -Notaries • mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, properly addressed. SECTION 13.08 Interpretation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth in Article IV, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. SECTION 13.09 Severability. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shall be deemed independent and severable and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. SECTION 13.10 Not a Partnership. The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create a joint venture, partnership or any other similar relationship between the Owners, including the Declarant. SECTION 13.11 No Third Party Beneficiary Rights. This Declaration is not intended to create, nor shall it be in any way interpreted or construed Yo create, any'third party beneficiary rights in any person not an Owner or an occupant, unless otherwise expressly provided herein. SECTION 13.12 Injunctive Relief.: In the event of any violation or threatened violation by any person of any of the covenants, easements and Yestrictions contained in this Master Declaration, the Declarant, the Association, and/or any or all of the Owners shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Master. Declaration or provided by law. SECTION 13.13 Breach Shall Not' Permit Termination. It is expressly agreed that no breach of this Master Declaration shall entitle' any Owner to terminate this Master Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Master Declaration. Any breach of this Master Declaration shall not defeat or render invalid the lien or security of any lien holder made in good faith for value, but this Master Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. SECTION 13.14 Attorney's Fees. In the event any person initiates or defends any legal action or proceeding to interpret or enforce any of the terms of this Master Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding the prevailing party's reasonable costs and attorney's fees, including the same with respect to an appeal. SECTION 13.15 Force Maieure. The period of time provided in this Master Declaration for the performance of any act shall be extended for a period or periods of time equal to any period or periods of delay caused by strikes, lockouts, fire or other casualty, the elements or acts of God, refusal or failure of governmental authorities to grant necessary permits and approvals for the act (the parties agreeing to use reasonable diligence to procure the same), or other causes, other than financial, beyond their reasonable control. MASTER DECLARATION -Notaries IN WITNESS WHEREOF the Declarant has executed this Master Declaration as of the day and year first above written. DECLARANT: THE CLUB AT SPURWING, LLC, an Idaho limited liability company By Christopher L. Anderson STATE OF IDAHO ) ss: County of Ada ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Christopher L. Anderson, known or identified to me to be a Manager of THE CLUB AT SPURWING, LLC, an Idaho limited liability company, the company that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written: Notary Public for Idaho My Commission Expires: MASTER DECLARATION -Notaries • Chuck Christensen u From: Perry Palmer [ppalmer@meridiancity.org] Sent: Tuesday, February 26, 2013 2:49 PM To: Chuck Christensen Subject: RE: Spurwing Way Vacation Chuck, That will be fine, thanks for the updated information. I will let Bill know. Perry Perry Palmer, Deputy Chief of Fire Prevention Meridian Fire Department 208-888-1234 ,~ ~;° ~. ;~ ~~ . ~~ ~~ . ~~~ ~'- ; .,., ~ .:. Dedication, Loyalty, Tradition CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. From: Chuck Christensen [mailto:chuck@quadrant.cc] Sent: Tuesday, February 26, 2013 2:47 PM To: Perry Palmer Subject: RE: Spurwing Way Vacation Perry, It's no problem. This is a sketch of Lot #f5, which is the flag lot, The driveway wiil be slightly less than the 150' length. (149.82'} The lot will not be gated. But there will be a gate into the street at the north end of the street. Please let me know if you need anything else. Chuck From: Perry Palmer [mailto:ppalmer@meridiancity.org] Sent: Tuesday, February 26, 2013 2:29 PM i To: Chuck Christensen Subject: RE: Spurwing Way Vacation Chuck, After discussing the layout with Bili and gaining a little better perspective on this {beyond looking at just the turnaround} the flag lot concept may present some issues. If the driveway to lot #5 is over 150 feet {and what I need to consider for 150 feet is the parking of a fire apparatus that will allow us to reach all points of the structure within 150 feet of the apparatus}. So it is hard to tell without the measurements to determine if that driveway is more than 150 feet, but if so, it would also require a suitable turnaround for fire apparatus. Additionally, the width of the driveway will need to be 20 foot wide and if gated will require a clear width opening of 20 feet as well. The weight bearing number would be 75,000 pounds. Sorry, I wasn't looking at the lots at first just the turnaround .Let me know if you have questions. Thanks, Perry Perry Palmer, Deputy Chief of Fire Prevention Meridian Fire Department 208-888-1234 ~..~ ~_ ~~~,~ ~ .:~ _ •.~~~~ v- Y -w'~ 4 Dedication, l.oyafty, Traditian CONFIDENTIALITY NOTICE: This email and .any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. From: Chuck Christensen [mailto:chuckCalquadrant cc] Sent: Tuesday, February 26, 2013 2:11 PM To: Perry Palmer Subject: RE: Spurwing Way Vacation Perry, I will pass this on to the landscpe architect. Vtlo~a(d you mind sending something to Biil Parsons so he knows you are ok with this design? i hanks for your help, Chuck ~/ From: Perry Palmer [mailto:ppalmerCa~meridiancity org] Sent: Tuesday, February 26, 2013 1:36 PM To: Chuck Christensen Subject: RE: Spurwing Way Vacation Chuck, 7~hanks, that does help and I don't think that will be a problem. Please try to bear this in mind when determining (if possible) where the trees get planted. Thanks for your help. Perry Perry Palmer, peputy Chief of Fire Prevention Meridian Fire Depar#ment 208-888-1234 ~~ ~t ~• ~, ~,; Qedicatian, Loyalty, Tradition CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. From: Chuck Christensen[mailto:chuckCc~quadrant cc] Sent: Tuesday, February 26, 2013 12:58 PM To: Perry Palmer Subject: RE: Spurwing Way Vacation Perry, Good question. I drew a "ladder truck" and backed it into the spur. (This is drawn at a scale of 1°'=20' if you print it an an 8 % x 11. sheet of paper.) With this effort, the bucket would pass over the edge of the median's curb. I kept the ladder truck a eauple of feet away from the curb on the north side of the spur. If the truck hugged that corner a little closer, it would clear the median island completely. i don't think there would iae any problem either getting in or getting out, but the truck would not be able to go around the south end of the island. lease let me knave. ' / From: Perry Palmer [mailto:opalmerCa~meridiancity org] Sent: Tuesday, February. 26, 2013 11:38 AM To: Chuck Christensen Subject: RE: Spurwing Way Vacation Hi Chuck, i like this idea. Traffic entering and exiting at the signal is going to be much safer. As far the gated segment, that will be fine. My one concern is the turnaround at the end. The length of the spur is fine. My concern is the island and the landscaping that might be planted on the island. Our ladder truck is 46 feet long plus 8 feet over overhang on the front above the cab (the platform bucket). As they back into the spur, are they going to catch the bucket on any trees as they swing into the spur and then coming out to go the opposite direction? The bucket is 8 feet from the ground to the bottom and the bucket itself is 4 feet high. The overall height of the unit is right at 12 feet high. Other than that concern, it all looks fine. Thanks, Perry Perry Palmer, [}epufy Chief of Fire Prevenfian Meridian Fire Department 208-888-1234 T, ~~~_ ~edicatron, Loyalty. Tradltian CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the indiuidual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. From: Chuck Christensen [mailto:chuckCc~quadrant cc] Sent: Tuesday, February 26, 2013 10:49 AM To: Perry Palmer Cc: Cornel Larson ;Chris Anderson Subject: Spurwing Way Vacation Perry, Good morning. We are currently processing an application through Ada County Highway District to vacate the existing N. Spurwing Way. This process is in conjunction with the new Spurwing Challenge final plat project. Once Spurwing Way is vacated, we will close its connection to Chinden Boulevard and make it agate-guarded, dead-end private drive. . • • Our proposed design is attached for your review. Would you please provide me with your approval of this design so I can submit it to the City's planning department as part of our private street application? Thanks for your help. If you. have any questions, please let me know. Chuck Christensen Quadrant Consulting, Inc. • Hearing Date: March 26, 2013 Project Name: Spurwing Challenge Subdivision File No: FP-13-005 -r'~ pl a~- Request: Request for.. onsisting of twenty-three (23) single family lots and four 4) common/other lots on approximately 58.25 acres in an R-8 zoning district, by the Club at Spurwing, LLC Location: The site is located near the northwest corner of Chinden Boulevard and N. Linder Road in the SE 1/ of Section 23, Township 3 North, Range 1 West.