HomeMy WebLinkAboutMUTLI DOCS - 06-00508 - The Meadows Phase 1 - Preliminary Plat (Re-plat)Preliminary /Final Plat
City of Rexburg
72 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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Americas Family Community
Application for Approval of Preliminary Subdivision Plat
The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations of
the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with
respect thereto.
Requirements for Preliminary Plats RECEIVE,)
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All Preliminary Plats shall be 24' x 36' foldable, drawn to scale, North point, dated. SEP 2006
Plat or shall be submitted separately: I �6
The following shall be shown on the Preliminary
1. The name of the proposed subdivision: 11 E RD Qc-.JS
2. The location �� Number of Lots . ,J3 / � uy37� 5
Acreage � � '
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivi C HF-15 JAu s : 5 t T
Name: , Bee it,-4w k
Phone Number: Cwets 4139- 7-io
Engineer 14,jR°r
Name: St:." f\5 56 c rte
Phone Numbeh '` _ ��R D-
Surveyor
Name: SC-Hi (ss
Phone Number: 7- _ 8 3 -2.
Address:
` �4 Cell Number:
5 Address:
Cell Number:
Address:
457 7 Cell Number:
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4. The name and address of all property owners within 300 feet of the external boundaries of the
subdivision whether or not bisected by a public right -of -way as shown on record in the County
Assessor's office.
5. The legal description of the subdivision.
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6. A statement of the intended use of the proposed subdivision such as: Residential — (single family,
two- family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites
proposed for parks, playgrounds, schools, churches or other public areas.
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7. A map of the entire area scheduled for development if the proposed subdivision is a portion of
a larger holding intended for subsequent development.
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile
of minimum radius, scale optional).
9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks.
10. Lot lines and blocks showing the dimensions and numbers of each.
11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent
(10 %) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an
established bench mark, including location and elevation.
12. Any proposed or existing utilities including, but not limited to, storm and sanitary sewers,
irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street
lights and their respective profiles and easements.
13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or
submitted with final plat).
14. Any dedications to the public and /or easements, together with a statement of location,
dimensions, and purpose of such.
Please complete the following: (If not applicable, please fill in with N /A)
1. What is the land use and existing zoning of the proposed subdivision and the adjacent land?
2. Does subdivision conform to present zoning?
3. Requested zoning: _ M ID � :�
4. Variance Requested: Yes No x (If yes, attach written request)
5. Requesting annexation to City? NA
2
ITEMS FOR CONSIDERATION
1. Probably impact of the proposed project on the environment effect on:
a. Public safety and convenience
b. Fire, police, and ambulance services
c. Recreation
d. Schools
e. Displacement or relocation of people
f. Land values
g. Local and long - distance travel, i.e., highway and local road impact
h. Behavior of wildlife species
i. Wager quality and effect on underground water supply
j. Noise pollution
k. Air pollution
1. Method proposed to dispose of storm drainage waters
m. Extent of increased city road maintenance, including snow removal
n. Flood plain — methods proposed to alleviate effect of 100 -year flood; effect on adjacent properties.
o. provisions for housing for persons of low and moderate income
p. Harmony with the character of surrounding developments
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use
b. Rights -of -way required
c. Pollution effect on existing environment
I Relationship between local short -term uses of man's economic environment and the long -term
productivity.
a. Existing vs. proposed tax base
b. Costs to City if proposal approved (annual)
4. Measures taken to minimiz harmful effects on environment
a. Effects of construction activities
b. Erosion control
c. Stream pollution prevention
d. Borrow -pit rehabilitation
e. Fencing
f. Buffer zones
g. replacement of parklands or farmlands
5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan?
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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REXBURG
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America's P arndy Cawnnunity
The Meadows, Phase 2 — Preliminary Plat
1. On October 11, 2006, Timberhawk presented to the Rexburg Planning & Zoning Coordinator a Request
and Application for a Preliminary Plat for The Meadows, Phase 2.
2. On November 2, 2006, Trever Einerson presented to the Rexburg Planning & Zoning Commission the
Request for approval of the Preliminary Plat for The Meadows, Phase 2.
David Stein motioned to approve the Preliminary Plat for The Meadows, Phase 2, with the following
conditions:
1. The recommendations from staff be adhered to:
a. Modify internal sidewalks to provide access from common element /open space of phase 1 to the new
club house.
b. Submit landscape plan. (Must address all areas of current proposed phase including but not limited to
the detention pond and buffer on west side of property.)
c. Wheel stops should be provided for proposed parking spaces, or sidewalk within should be increased
to 6 feet to allow overhang of vehicles without preventing pedestrian activity on sidewalks.
d. Approval of this preliminary plat does not constitute an approval of building cross section and floor
plans as shown on plat.
2. The final plat reflect the remaining elements that need to be added to the drawing (fire hydrants and
garbage receptacles)
3. The building footprints reflect the outline of the building as it conforms to our multi- family design
standards.
Randall Porter seconded the motion.
Joe Laird said he would like to see added to the motion that we expect any future preliminary plats of this
area to show the public road connections into the adjacent property that will provide access to this
subdivision.
David Stein amended his motion to require a master plan of the entire development to be submitted with
the final plat. Randall Porter seconded.
None opposed. Motion carried.
3. On November 15, 2006, Council Member Erickson said it was approved by Planning and Zoning
with Staff approval. This proposal is a good addition to this development. The south end of the
development will have a club house. Council Member Stevens raised concerns with the conditions list and
he wanted to know if these items were doable. Public Works Director Millar said the list is doable.
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Council Member Mann asked if the development met all of Hwy 20 standards. Public Works Director
Millar said there were no city standards yet, however, the developer did put in a vinyl fence for better
presentation and they have cleaned the area up.
Council Member Erickson moved to approve the preliminary plat for The Meadows, Phase Two with the
condition of Staff; Council Member Mann seconded the motion.
All voted aye, none opposed. The motion carried.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
THE MEADOWS HOMEOWNERS ASSOCIATION
City of Rexburg, Madison County, State of Idaho
A Planned Development
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made
this day of the month of 5 2004, by Robert DeVere and Tasha Marie
Lamoreaux, and Daniel Marvin and Annette Muhlestein, in their capacity as the owner and
developer of The Meadows, a planned townhouse development in the City of Rexburg, Madison
County, State of Idaho.
ARTICLE I
DEFINITIONS
The following terms used in this Declaration are listed alphabetically and shall have the following
meanings:
Additional Land shall, at any point in time, mean all of the land in the City of Rexburg, Madison County,
State of Idaho, set forth and described in Exhibit A, attached hereto and made a part thereof.
Articles shall mean and refer to the Articles of Incorporation of the Association, which are or shall be filed
with the Secretary of State of the State of Idaho, as they are amended from time to time.
Assessment shall mean the amount which is to be levied and assessed against each Owner and the Owner's
Lot or Unit (whether an Annual, Special or Specific Assessment, as described in the Bylaws) and paid to
the Association for Common Expenses and other expenses.
Association shall mean The Meadows Homeowners Association, Ltd., an Idaho nonprofit corporation, its
successors and assigns, which shall own and manage the Common Areas. Each Owner shall hold an
appurtenant membership interest in the Association, as set forth in the Bylaws.
Board shall mean the Board of Directors of the Association.
Bylaws shall mean and refer to the Bylaws of the Association as set forth and embodied in this Declaration
in ARTICLE XI, XII, and XIII.
Common Areas shall mean all portions of the Development except the Lots and Units, and shall include
all property to be owned by the Association for the common use and enjoyment of the Owners such as all
private undedicated roadways, driveways, parking, recreational amenities, open appurtenant thereto,
whether or not reflected on a Plat.
DRC shall mean and refer to the Design Review Committee referred to in ARTICLE V11 of this
Declaration.
Declarant shall mean Robert DeVere and Tasha Mirie Lamoreaux, and Daniel Marvin and Annette
Muhlestein, their successors and assigns, if any, as developer of Development.
Declaration shall mean this Declaration of Covenants, Conditions and Restrictions for The Meadows, a
planned townhouse development in the City of Rexburg, Madison County, State of Idaho, as the same may
be supplemented or amended from time to time. Supplemental Declaration shall mean and refer to an
instrument which supplements the Declaration and which is recorded in the Public Records concurrently
with a Plat for a subsequent phase of the Development pursuant to the annexation provisions of ARTICLE
111 of this Declaration.
Development shall mean the expandable planned townhouse development known as The Meadows in the
City of Rexburg, Madison County, State of Idaho.
Limited Common Area shall mean any Common Area designated for exclusive use by the Owner of a
particular Townhouse Unit, whether or not designated as such on a Plat. Any Limited Common Areas that
are identified on a Plat with the same number or other designation by which a Unit is identified thereon
shall be Limited Common Area for the exclusive use of the Owner of the Unit bearing the same number or
designation.
Lot shall mean and refer to any of the separately numbered and individually described parcels of land
within the Development, as designated within numbered Blocks on a Plat, and intended for single family
residential use. Townhouse Lot shall mean any numbered Lot on a Plat included within a numbered Block
and upon which an attached Townhouse Unit is constructed, or is to be constructed.
Managing Agent shall mean any person or entity appointed or engaged as Managing Agent of the
Development by the Association.
Mortgage shall mean any recorded first mortgage or first deed of trust encumbering a Lot or Unit; and
Mortgagee shall mean any mortgagee or beneficiary named in a Mortgage.
Owner shall mean any person who is the owner of record (as reflected in the Public Records) of a fee or
undivided fee interest in any Lot or Unit, and any contract purchaser of any Lot or Unit. Notwithstanding
any applicable theory relating to mortgages, no Mortgagee nor any trustee or beneficiary of a deed of trust
or trust deed shall be an Owner unless such party acquires fee title pursuant to foreclosure or sale or
conveyance in lieu thereof. Declarant shall be an Owner with respect to each Lot or Unit owned by it.
Multiple Owners of a particular Lot or Unit shall be jointly and severally liable as to all responsibilities and
obligation of an Owner.
Plat shall mean and refer to a recorded subdivision plat within the Development. The initial Plat is entitled
The Meadows Phase 1 Condominium and Townhome Development, Final Plat, an addition of the City of
Rexburg, Madison County, Idaho, prepared and certified by Scheiss & Associates, executed and
acknowledged by Declarant, accepted by the City of Rexburg, and recorded in the Public Records
concurrently with this Declaration.
Property shall mean all land covered by this Declaration, including Common Areas and Lots or Units, and
other land annexed to the Development as provided in this Declaration. The initial Property shall consist of
the land describe in ARTICLE III Section 1 of this Declaration.
Public Records shall mean the Office of the Madison County Recorder in Rexburg, Idaho.
Rules and Regulations shall mean and refer to those Rules and Regulation authorized, adopted, and
promulgated to the Owners from time to time by the Board pursuant to the provisions of Section 1 of
ARTICLE II in the BYLAWS Declaration.
Unit shall mean a structure which is designated, constructed and intended for use or occupancy as a single
family residence on a Lot, together with all improvements located on the same Lot and used in conjunction
with such residence, including anything located with in or without said Unit (but designated and designed
to serve only that Unit) such as detached garage, patios, fences, decks, appliances, electrical receptacles and
outlets, air conditioning compressors and other air conditioning apparatus, if any. Townhouse Unit shall
mean a Unit constructed on a Townhouse Lot. Townhouse Units shall specifically exclude roofs and
exterior surfaces of Units (and /or the buildings in which Townhouse Units exist) and fences, all ofwhich
roofs, surfaces and fences shall be treated as Limited Common Areas designated for the exclusive use of
the particular Townhouse Units to which such roofs, surfaces and fences appertain, even if not designated
as Limited Common Areas on a Plat.
ARTICLE 11
STATEMENT OF PURPOSE AND EFFECUTATION
1. Purpose. The purpose of this Declaration is to provide for the preservation of the values of Lots, residential
Units and Common Areas within The Meadows, a planned development in the City of Rexburg, Madison County,
and State of Idaho (the "Development "), and for the maintenance of the private roadways, driveways, sidewalks,
parking, amenities, open spaces, landscaping, trees and all other Common Areas therein. This Declaration, and any
amendment hereto, shall Replace instrument # 313226 as the Covenants, Conditions, and Restrictions for The
Meadows Homeowners Association upon its being filed for record in the Public Records.
2. Effectiveness. From and after the effective date hereof: (a) each part of the Development and each Lot and
Unit lying within the boundaries of the Development shall constitute constituent parts of a single planned residential
development; (b) the Development shall consist of the Lots and Units and of the Common Areas which are
described and depicted on the initial Plat, together with such additional Lots, Units, and Common Areas as may
come into existence pursuant to the provisions hereof relating to annexation or expansion of the Development; (c)
the Declaration for the Development and any annexation thereto shall consist of this document as the same may be
modified, amended, supplemented, or expanded in accordance with the provisions hereof, and (d) the initial Plat of
the Development shall consist of the instrument which is identified as The Meadows Phase 1 Condominium and
Townhome Development, Final Plat, an addition of the City of Rexburg, Madison County, Idaho, recorded
concurrently with this Declaration in the Public Records, as the same may be thereafter amended, and any
subsequent plats which may be filed for record pursuant to the provisions hereof relating to annexation or expansion
of the Development.
ARTICLE III
PROPERTY DESCRIPTION AND ANNEXATION
1. Submission. The Property which initially is and shall be held, transferred, sold, conveyed, and occupied,
subject to the provisions of this Declaration, consists of the following described real property in the City of Rexburg,
Madison County, State of Idaho:
A portion of the tract of land, Commencing at the Northwest corner of the S1 /2NE1 /4SW 1/4 of Section 25,
Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho; and running thence South
1716 feet; thence N89 °47'53" East 218.02 feet' thence S05 °30'04" West 265.31 feet to the South Section
line of said Section 25; thence East along said Section line to the West right -of -way line of State Highway
20 (State Highway Project F6471(41)); thence Northeasterly along said Highway Right -of -Way to the
North line of the S1 /2NE1 /4SW1 /4; thence West 360 feet more or less to the point of beginning. Excepting
blocks 1, 2, 3, and 4, which are a separate condominium association but which shall have rights to the
common areas as described below.
Together with all easements, rights -of -way, and other appurtenances and rights incident to, appurtenant to
or accompanying the above described parcel of real property, whether or not the same are reflected on the
Plat.
Reserving unto Declarant, however, such easements and rights of ingress and egress over, across, through
and under the said property and any improvements (including buildings) now or hereafter constructed
thereon as may be reasonably necessary for Declarant (in a manner which is reasonable and not
inconsistent with the provisions of this Declaration): (1) to construct and complete each of the buildings and
Units and all of the other improvements described in this Declaration or in a Plat, and to do all things
reasonably necessary or proper in connection therewith; (ii) to construct and complete on the Additional
Land, or any portion thereof, such improvements as Declarant shall determine to build in its sole discretion
(and whether or not the Additional Land or any portion thereof has been or hereafter will be added to the
Development); and (iii) to improve portions of the said property with such other or additional
improvements, facilities, or landscaping designed for the use and enjoyment of all the Owners as Declarant
may reasonably determine to be appropriate. If, pursuant to the foregoing reservations, the said property or
any improvement thereon is traversed or partially occupied by a permanent improvement, egress, or utility
line, a perpetual easement for such improvement, egress, or utility line shall exist. With the exception of
such perpetual easements, the reservations hereby effected shall, unless sooner terminated in accordance
with their terms expire ten (10) years after the date on which this Declaration is recorded in the Public
Records.
All of the foregoing is subject to all liens for current and future taxes, assessments, and charges imposed or
levied by governmental or quasi - governmental authorities; all Patent reservations and exclusions; all
mineral reservations of record and rights indigent thereto; all instruments of record which affect the above -
described real property or any portion thereof, including, without limitation, any mortgage (and nothing in
this paragraph shall be deemed to modify or amend such mortgage); all visible easements and rights -of-
way; all easements and rights -of -way, encroachments, or discrepancies shown on, or revealed by, a Plat or
otherwise existing; an easement for each and every pipe, line, cable, wire, utility line, or similar facility
which traverses or partially occupies the said real property at such time as construction of all Development
improvements is complete; and all easements necessary for ingress to, egress from, maintenance of, and
replacement of all such pipes, lines, cable, wires, utility lines, and similar facilities; and to each of the
easements, covenants, conditions, and restrictions contained in this Declaration.
2. Division into Lots and Blocks and Units. The Developments is hereby divided into 15 Lots and 60 Blocks
or Units as set forth and described on the Development's Phase 1, blocks 1 -4 being condominium units and all other
blocks being planned Townhome lots, with appurtenant and equal rights and easements of use and enjoyments in
and to the Common Areas, as well as appurtenant obligations pertaining to Assessments, maintenance, insurance,
etc., unless otherwise set forth in this Declaration.
3. Annexation by Declarant. Declarant may, from time to time, expand the Development subject to this
Declaration by the annexation of all or part of the lands constituting the Additional Land. Subject to compliance
with the conditions imposed by the following Section 4, the annexation of any such land shall become effective
upon the recordation in the Public Records of a Plat of such Additional Land signed by the owner thereof, and of a
Supplemental Declaration which (a) is signed by the then owner(s) of such Additional Land, as Declarant; (b)
describes the land to be annexed; (c) declares that the annexed land is to be held, transferred, sold, conveyed, an
occupied as part of the Development, subject to this Declaration; and (d) sets forth such additional information,
limitations, restrictions, easements, covenants and conditions, no inconsistent with those of this Declaration, as may
be applicable to the annexed land. When any such annexation becomes effective, the annexed land shall become
part of the Property and the Development and subject to the provisions of this Declaration, as amended or
supplemented by any amendment or by any Supplemental Declaration.
4. Limitation on Annexation. Declarant's right to annex land to the Development shall be subject to the
following limitations:
(a) The annexed land must be part of the Additional Land set forth and described herein;
(b) Declarant shall not effectuate any annexation of land, which would cause the total number of Lots
and units existing in the Development to exceed 200.
(c) The holder of each mortgage, deed of trust or other security device affecting any part of the
Additional Land at the time of its annexation into the Development must consent, through
appropriate instruments recorded in the Public Records, to the recordation of the Supplemental
Declaration and to the Plat to which such Supplemental Declaration relates;
(d) The Additional Land added to the Development must be subdivided into Lots and Common Areas
designed to be used for purposes similar to those contemplated by this Declaration, with all Lots
and Units being similar in concept to that of such Lots, Units, and uses in Plat A of the
Development; provided that future Plats need not contain any Detached Residential Lots or Units;
and, provided further, that in each succeeding Plat of the Development the architectural style of
the Townhouse Units within such Plat shall remain consistent throughout such succeeding plat and
in harmony with that of prior Plats, unless a change is authorized by the appropriate agency of the
City of Rexburg; and
(e) All Common Areas covered by a Supplemental Declaration and designated on the Plat related
thereto shall be conveyed to the Association pursuant and subject to the provisions of Article V of
this Declaration.
5. No Obligation to Annex or Develop. Declarant has no obligation hereunder to annex any Additional Land
to the Development or to develop or preserve any portion of Additional Land in any particular way or according to
any particular time schedule. No land other than the Property, as defined on the date hereof, and land annexed
thereto in accordance with the terms of this Article shall be deemed to be subject to this Declaration, where or not
shown on any Plat filed by Declarant or described or referred to in any documents executed or recorded by
Declarant, including EXHIBIT A to this Declaration.
6. Other Annexation. To the extent that Declarant does not now or in the future may not own all of the
Additional Land, the then owners of such Additional Land or parts thereof ("Adjoining Owners ") may annex all or
any part of the Additional Land to the Development and subject the same to the terms of this Declaration, provided
that (a) the same limitations which are imposed on Declarant under Section 4 of this ARTICLE shall be applicable
to Adjoining Owners; and (b) Adjoining Owners make the recordation and comply with all the other requirements
referred to in Section 3 of this Article.
ARTICLE IV
DUTIES AND OBLIGATIONS OF OWNERS
1. Maintenance and Repairs. Each Owner shall at his own cost maintain his Lot or Unit and any
improvements (i.e. Townhouse Unit) constructed thereon in good condition and repair at all times; provided
however, that Townhouse Unit exteriors, roofs, and fences shall be maintained by the Association as provided in
Section 1(d) of ARTICLE it of the BYLAWS Declaration. In the event of the damage or destruction of any Unit,
the Owner of the Lot upon which such Unit is situated shall either rebuild the same within a reasonable time or shall
raze the remains thereof so as to prevent the unsightly appearance and dangerous condition of a partially destroyed
structure in the Development. The painting or repainting, remodeling, rebuilding or modification of any Unit
exteriors or parts thereof must be submitted to and approved by the DRC pursuant to its procedures.
Notwithstanding the obligations of the Association to maintain Townhouse Unit exteriors, roofs and fences as
provided herein, no Owner of such Units shall openly or wantonly neglect or fail to do all within such Owner's
power to help keep such items in good and attractive condition at all times.
2. Insurance. Notwithstanding any insurance coverage required to be provided herein by the Association,
each Unit Owner shall procure and maintain in force hazard insurance on personal contents, and liability coverage as
is customary in projects such as the Development and which is consistent with each such Owner's individual
circumstances. Owners of Detached Residential Units, if any, shall procure at their expense, and shall maintain in
force, hazard insurance on their particular Unit, and contents and personal liability coverage as is customary in
projects such as the Development and which is consistent with each Owner's individual circumstances.
3. Assessments and Rules Observance. Each Owner shall be responsible for the prompt payment of any
Assessments provided for in this Declaration, and for the observance of the Rules and Regulations promulgated by
the Association's Board from time to time. Owners in violation of the provisions of this Section 3 will not be
deemed to be in good standing for Association voting purposes.
4. Transfer of Interests. Except for obligations already accrued, an Owner who, for other than purposes of
security, transfers all of his interests in his Lot or Unit to another, either voluntarily or by operation of law, shall be
relieved of all obligations under this Declaration following such transfer.
ARTICLE V
PROPERTY RIGHTS AND CONVEYANCES
1. Easement Concerning Common Areas. Each Lot or Unit shall have appurtenant thereto a nonexclusive
right and easement of use and enjoyment in and to the Common Areas for their intended purposes; subject, however
to the provisions of Section 4 below. Such right and easement shall be appurtenant to and shall pass with title to
each Lot or Unit and shall in no event be separated there from This right and easement shall be inclusive of the four
condominium buildings indicated on the plat as blocks 1, 2, 3, and 4 and these four buildings shall have equal share
in costs of these areas.
2. Form of Conveyance. Any deed, lease, mortgage, deed of trust, purchase contract or other instrument
conveying or encumbering title to a Lot or Unit shall describe the interest or estate involved substantially as follows:
Lot Block as identified in official Plat of The Meadows Development, Phase
City of Rexburg, Madison County, State of Idaho, recorded in Office of Madison County Recorder
as Instrument No. on , 20 , SUBJECT TO the Declaration of
Easements, Covenants, Conditions, and Restrictions of The Meadows, recorded in the Office of
the Madison County Recorder as Instrument No. (as said Declaration may have
heretofore been amended or supplemented), TOGETHER WITH a right and easement of use and
enjoyment in and to the Common Areas described, and as provided for, in said Declaration of
Easements, Covenants, Conditions and Restrictions (as said Declaration may have heretofore been
amended or supplemented).
Whether or not the description employed in any such instrument is in the above - specified form, however, all
provisions of this Declaration shall be binding upon and shall inure to the benefit of any party who acquires any
interest in a Lot or Unit.
3. Transfer of Title to Common Areas. As soon as possible following the recordation of this Declaration and
the initial Plat, Declarant shall convey to the Association title to the various Common Areas described in such Plat,
free and clear of any liens other than the lien of current general taxes and the lien of any non - delinquent
assessments, charges or taxes imposed by governmental or quasi - governmental authorities. The same procedure
shall be followed with respect to the Common Areas contained in subsequent Plats following their concurrent
recordation with accompanying Supplemental Declarations in the Public Records.
4. Limitation on Easement. Each Lot or Unit's appurtenant right and easement of use and enjoyment of the
Common Areas shall be subject to the following:
(a) The appurtenant right and easement of use and enjoyment of the Common Areas pertaining to the
Detached Residential Lots, if any, shall be limited to the Association's Clubhouse (when
constructed), the amenities pertaining thereto and the use of any Common Areas required to
provide ingress and egress thereto. Assessments made to such Lots or Units and the Owners
thereof shall be adjusted accordingly.
(b) The right of the Association as provided in Section 3 of ARTICLE II in the BYLAWS
Declaration, to govern by reasonable Rules and Regulations the use of the Common Areas so as to
provide for the enjoyment thereof in a manner consistent with the collective right of all of the
Owners;
(c) The right of the City of Rexburg, Idaho, and any other governmental or quasi - governmental body
having jurisdiction over the Property, to enjoy access and rights of ingress and egress over and
across any private street or driveway, parking area, walkway, or open area contained within the
Common Areas for the purpose of providing police and fire protection and providing any other
governmental or municipal service; and
(d) The right of the Association to dedicate or transfer any part of the Common Areas to any public
agency or authority for such purposes and subject to such conditions as may be agreed to by the
Association; provided that such dedication or transfer must first be assented to in writing by (1) the
Mortgagee of each and every Mortgage that encumbers any Lot or Unit and (ii) the Owners of
Lots or Units to which at least sixty percent (60 %) of the total votes in the Association appertain.
The assenting provisions of this Section 4, shall only apply to the Mortgagees and Owners of
Detached Residential Lots, if any, if the Common Areas in question are the Clubhouse and
amenities hereto.
5. Utility Easements. Each Lot or Unit is subject to appurtenant easements for underground lines for utility
purposes under and through such portions of the Common Areas as are comprised of roads, walkways and
landscaped areas. If any Owner utilizes such easement rights with respect to his Lot or Unit, he shall be responsible
for the restoration to its former state of any portion of the Common Area which may have been disturbed or
damaged as a result.
6. Easements for Encroachments. If any structure or Unit improvement (including without limitation, roof
overhangs) constructed on any Lot to which this section 6 applies, whether or not constructed in replacement of the
structure or improvement previously located thereon (so long as such structure or improvement is in substantially
the same configuration an location as such prior structure or improvement) now or hereafter encroaches upon any
other Lot or Unit or upon any portion of the Common Areas, a valid easement for such encroachment and the
maintenance thereof, so Long as it continues, shall exist. If any structure (including without limitation, roof
overhangs) on any Lot shall be partially or totally destroyed and then rebuilt in a manner intended to substantially
duplicate the location and configuration of the structure so destroyed, minor encroachments of such structure upon
any other Lot or Unit or upon any portion of the Common Areas due to the reconstructed structure's being in a
slightly different location than its predecessor shall be permitted; and valid easements for such encroachments and
the maintenance thereof, so long as they continue, shall exist.
ARTICLE VI
USE RESTRICTIONS
1. Use of Common Area. The Common Areas shall be used only in a manner consistent with their
community nature and with the use restrictions applicable to Lots and Units set forth in this Declaration.
2. Residential Use. The Property is zoned for and restricted to single family residential use pursuant to
applicable zoning ordinances of the City of Rexburg. Each Lot or Unit and Owner are subject to the uses and
restrictions imposed by such zoning, including, but not limited to occupancy and parking restrictions. No Lot or
Unit shall be used, occupied, or altered in violation of such ordinances so as to create a nuisance or to interfere with
the rights of any other Owner.
3. Prohibited Use and Nuisances. The following uses and practices are specifically prohibited, in addition to
any additional prohibitions which may, from time to time, be adopted by the Board pursuant to Section 3 of
ARTICLE II of the BYLAWS Declaration:
(a) No Unit or any part thereof shall be used or occupied by any persons not coming within the
definition of "Family" as such term is defined and intended in the zoning ordinances of the City of
Rexburg as of the date hereof.
(b) No lease of any Unit shall be for less than the whole thereof.
(c) No animals, livestock, or poultry of any kind shall be permitted on any Lot or within any Unit
except such domesticated household pets or birds as are allowed pursuant to the Rules and
Regulations, including lease laws, adopted by the Board pursuant to Section 3 of ARTICLE II of
the BYAWS Declaration.
(d) No parking of vehicles of any kind on the streets, private drives or parking areas within the
Development shall be permitted except as set forth in Rules and Regulations adopted by the Board
pursuant to Section 3 of ARTICLE II of the BYLAWS Declaration.
(e) No outside television or radio aerial or antenna, satellite dish or other similar device for reception
or transmission shall be permitted on any Lot or the exterior of any Unit except pursuant to written
approval of the DRC pursuant to Rules and Regulations adopted by the Board pursuant to Section
3 of ARTICLE II of the BYLAWS Declaration.
(f) No Unit within the Development shall (1) contain any coal or wood - burning fireplace, stove, or
other similar device unless the same is EPA approved or unless such fireplace, stove, or other
device is fueled by natural gas only; or (ii) contain a swamp cooler.
ARTICLE VII
DESIGN REVIEW
1. Design Review Committee. The Board of Directors of the Association shall appoint a three - member
Design Review Committee (the "DRC "), the function of which shall be to ensure that all improvements and
landscaping within the Development harmonize with existing surrounding and structures. The DRC need not be
composed of Owners. If the DRC is not appointed, the Board itself shall perform the duties required of the DRC.
2. Submission to DRC. Except for original construction by Declarant, no Unit or accessory of or addition to a
Unit which is visible from the Common Areas, shall be constructed or maintained, and no alteration, repainting or
refurbishing of the exterior of any Unit shall be performed, unless complete plans and specifications hereof have
first been submitted to and approved by the DRC.
3. Standard. In deciding whether to approve or disapprove plans and specifications submitted to it, the DRC
shall use its best judgment to insure that all improvements, construction, landscaping and alterations on Lots and
Units within the Development conform to and harmonize with existing surroundings and structures. Any structure
hereafter constructed on any Lot or Unit in replacement of the structure previously located thereon shall be
constructed in substantially the same configuration, location and architectural style and be approximately the same
size as the prior structure; and if the plans and specifications therefor meet such criteria, the DRC must approve the
same.
4. Approval Procedure. Except as provided in Section 3, any plans and specifications submitted to the DRC
shall be approved or disapproved by it in writing within 30 days after submission. In the event the DRC fails to take
any action within such specified period, it shall be deemed to have approved the material submitted except in those
respects to which such material is not in conformity with the provisions of this Declaration, as to which respects it
shall be deemed disapproved.
5. Detached Residential Unit. Detached Residential Units constructed on Detached Residential Lots, if any,
shall meet the a minimum size requirement, exclusive of garages, decks, patios or basements (if any) to be
determined by the Board. Quality of building materials, color schemes, and landscaping plans shall be as required by
the DRC.
6. Construction. Once begun, any improvements, construction, landscaping, or alterations approved by the
DRC shall be diligently pursued to completion. If reasonably necessary to enable such improvement, construction,
landscaping, or alteration, the person or persons carrying out the same shall be entitled to temporarily use and
occupy portions of the Common Areas in the vicinity of the activity, provided that they shall promptly restore such
areas to their prior condition when the use thereof is no longer required.
7. Liability for Damages. Neither the DRC nor any member thereof shall be hold liable for such damages by
reason of any action, inaction, approval, or disapproval taken or given without malice by such member or the DRC
with respect to any request made pursuant to this ARTICLE VII.
8. Declarant's Obligation. Declarant hereby covenants in favor of each Owner (a) that all Un its to be erected
by it and all improvements of the Common Areas to be accomplished by it in the Development will be
architecturally compatible with respect to one another; and (b) that on the date on which this Declaration is filed for
record in the Public Records all Lots, Units, and Common Areas of the Development will be located approximately
in the locations shown on the applicable Plat.
ARTICLE VIII
INSURANCE
1. Hazard Insurance. The Board shall procure and maintain from a company or companies holding a financial
rating of Class A or better from Best's Key Rating Guide, a policy or policies of hazard insurance in an amount or
amounts equal to or exceeding the full replacement value (exclusive of the value of land, foundations, excavation
and other items normally excluded from coverage) of the Common Areas owned by the Association and of all the
Townhouse Units (and /or buildings in which such Units exist, including all building service equipment, if any, and
the like), but not the contents thereof, and all roofs, surfaces and structures comprising Townhouse Units (regardless
of any definition thereof in this ARTICLE VIII) with an Agreed Amount Endorsement, or its equivalent, if
available, or an Inflation Guard Endorsement, and such other endorsements as the Board may deem to be warranted
and reasonable. Such insurance policy or policies shall name the Association as insured for the benefit of the
Owners as their interests appear, and shall afford protection, to the extent applicable, against at least the following:
(a) loss or damage by fire and other hazards covered by the standard extended coverage endorsement,
and by vandalism, malicious mischief, windstorm, and water damage; and
(b) such other risks as are customarily be covered with respect to facilities similar in construction,
location and use.
2. Liability Insurance. The Board shall procure and maintain from a company or companies holding a
financial rating of Class A or better from Best's Key Rating Guide a policy or policies of public liability insurance
to insure the Association, the Board, the Managing Agent and employees of the Association and the Owners against
claims for bodily injury and property damage arising out of the conditions of the Common Areas, or activities
thereon, under a comprehensive general liability form. Such insurance shall be for such limits as the Board may
decide, but not less than those limits customarily carried in connection with properties of comparable character and
usage in Madison County, Idaho, nor less than $1,000,000 for personal injury and property damage arising out of a
single occurrence, such coverage to include protection against water damage liability, liability for non -owned and
hired automobile, liability for the property of others, and such other risks as shall customarily be covered with
respect to property similar in construction, location and use. The policy shall contain a "Severability of Interest"
endorsement which shall preclude the insurer from denying the claim of any Owner because of negligent acts of the
Association or other Owners, and a cross - liability endorsement pursuant to which the rights of the named insured as
between themselves are not prejudiced. The policy shall provide that the policy may not be canceled or substantially
modified by the insurer unless it gives at least 30 days' prior written notice thereof to each insured. Any such
coverage procured by the Board shall be without prejudice to the right of the Owners to insure their personal liability
for their own benefit at their own expense.
3. Additional Insurance and Further General Requirements. The Board may also procure insurance which
shall insure the Common Areas and the Association or the Owners and others against such additional risks as the
Board may deem advisable. Insurance procured and maintained by the Board shall not require contribution from
insurance held by any of the Owners or their Mortgages. Each policy of insurance obtained by the Board shall, if
reasonably possible provide:
(a) a waiver of the insurer's right of subrogation against the Association, the Owners, and their
respective directors, officers, agents, employees, invitees and tenants;
(b) that it cannot be canceled, suspended, or invalidated due to the conduct of any particular Owner or
Owners;
(c) that it cannot be canceled, suspended or invalidated due to the conduct of the Association without
a prior written demand that the defect be cured; and
(d) that any "no other insurance" clause therein shall not apply with respect to insurance maintained
individually by any of the Owners.
4. Fidelity Coverage. The Association may elect to maintain fidelity coverage to protect against dishonest
acts on the part of officers, trustees, managing agents, directors and employees of the Association and all others
(including volunteers) who handle, or are responsible for handling, funds of the Association. In that event, such
fidelity bonds shall:
(a) name the Association as an obligee;
(b) be written in an amount based upon the best business judgment of the Association and shall not be
less than the estimated maximum of funds (including reserve funds) in the custody of the
Association or the Managing Agent at any given time during the term of each bond, but in no
event be less than a sum equal to three months' assessment on all Lots or Units plus reserve funds;
(c) contain waivers of any defense based upon the exclusion of volunteers or persons who serve
without compensation from any definition of "employee" or similar expression; and
(d) provide that they may not be canceled or substantially modified (including cancellation for
nonpayment of premium) without at least 30 days' prior written notice to the insured.
5. Review of Insurance. The Board shall periodically, and whenever requested by Owners entitled to exercise
at least twenty percent (20 %) of the outstanding votes in the Association, review the adequacy of the Association's
insurance program and shall report in writing the conclusions and action taken on such review to the Owner of each
Unit and to the holder of any Mortgage on any Lot or Unit who shall have requested a copy of such report. Copies
of every policy of insurance procured by the Board shall be available for inspection by any Owner and any
Mortgage.
6. Other Insurance Provisions. All insurance required pursuant to this ARTICLE VIII shall be written by
insurers licensed in the State of Idaho. Notwithstanding anything in this ARTICLE VIII to the contrary, any
insurance required to be obtained by the Association pursuant to Sections 2, 3, or 4 of this ARTICLE VIII, shall be
required only to the extent that such coverage is reasonably obtainable at reasonable rates and is customarily
obtained with respect to improvements or facilities having the same or similar characteristics of the Common Areas
and Townhouse Units or risks being insured.
7. Insurance on Detached Residential Units. Owners of Detached Residential Units, if any, shall procure at
their sole cost and expense, and shall maintain in force, hazard insurance on their particular Unit and contents and
personal liability coverage as is customary in projects such as the Development, and which is consistent with each
such Owner's individual circumstances.
8. Townhouse Units: Owners Contents Policies. Townhouse Unit Owners shall be responsible to purchase
and maintain in force a condominium owner type contents policy (State Farm H06 or equivalent) with respect to
their individual Units. All claims for damage to any such Unit must first be submitted by the Owner to his insurer
under his contents policy. The Board shall not be required to submit claims under any of its Development policies
required by this Declaration for any damage or liability claims that should or would have been covered under an
Owner's contents policy.
ARTICLE IX
RIGHTS OF MORTGAGEES
1. Title and Mortgagee Protection. A breach of any of the covenants, provisions, or requirements of this
Declaration shall not result in any forfeiture or reversion of title, or of any other interest in a Lot or Unit, or any
other portion of the Property. A breach of any of the covenants, provisions, or requirements of this Declaration shall
not defeat, impair, or render invalid the lien of, or other rights under, any Mortgage. Unless and until it enters into
possession, or acquires title pursuant to foreclosure, or any arrangement or proceeding in lieu thereof, any
Mortgagee interested under any Mortgage affecting a Lot or Unit or any other portion of the Property shall have no
obligation to take any action to comply with, and may not be compelled to take any action to comply with, any of
the covenants, provisions, or requirements of this Declaration (other than those, if any, concerning a consent or
approval to be given by a Mortgagee if such Mortgagee's failure to do so is wrongful.) No amendment to this
Declaration shall in any way affect the rights of any Mortgagee named in a Mortgage which is in effect at the time
of the amendment, or the rights of any successor in interest or title to such Mortgagee, either before or after such
Mortgagee or its successor enters into possession or acquires title pursuant to foreclosure, or any arrangement or
proceeding in lieu thereof, unless such Mortgagee has consented in writing to such amendment.
2. Preservation of Common Area. The Common Area shall remain substantially of the same character, type
and configuration as when such Common Areas became part of the Development. Unless the Association shall
receive the prior written approval of (a) all first Mortgagees of Lots or Units and (b) at least two- thirds (2/3) of the
outstanding votes in the Association, the Association shall not be entitled by act or omission to abandon, partition,
subdivide, encumber, sell, transfer or materially modify the Common Areas, except to grant reasonable easements
for utilities and similar or related purposes.
3. Notice of Matters Affecting Security. The Association shall give written notice to any Mortgagee of a Lot
or Unit requesting such notice whenever:
(a) there is any material default by the Owner of the Lot or Unit subject to the Mortgage in
performance of any obligation under this Declaration, or the Articles of the Association, which is
not cured within 60 days after default occurs; or
(b) damage to the Common Areas from any one occurrence exceeds $10,000; or
(c) there is any condemnation or taking by eminent domain of any material portion of the Common
Areas.
4. Notice of Meetings. The Board shall give to any Mortgagee of a Lot or Unit requesting the same, notice of
all meetings of the Association; and such Mortgagee shall have the right to designate in writing a representative to
attend all such meetings.
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5. Right to Examine Association Records. Any Mortgagee shall, upon request, have the same right to inspect
the books and records of the Association, and receive financial statements, as the Owner of the Lot or Unit securing
the Mortgage.
6. Right to Pay Taxes and Charges. Mortgagees may, jointly or singly, pay taxes or other charges which are
in default and which may, or have, become a charge against any portion of the Common Areas and may pay overdue
premiums on insurance policies pertaining to the Common Areas on the lapse of a policy; and Mortgagees making
such payments shall be owed immediate reimbursement therefor from the Association.
7. No Priority Accorded. No provision of this Declaration gives, or may give, a Lot or Unit Owner or any
other party priority over any rights of Mortgagees pursuant to their respective Mortgages in the case of a distribution
to Lot or Unit Owners of insurance proceeds or condemnation awards for loss to or taking of Lots or Units and /or
the Common Areas.
8. Construction. In the event another provision or clause of this Declaration deals with the same subject
matter as is dealt with in any provision or clause of this ARTICLE IX, the provision or clause which results in the
greatest protection and security for a Mortgagee shall control the rights, obligations, or limits of authority, as the
case may be, applicable to the Association with respect to the subject concerned.
ARTICLE X
PARTY WALLS
1. General Rules of Law to Apply. Each wall to be built as a part of the original construction of the Units and
placed substantially on a dividing line between Lots shall constitute a party wall, and to the extent not inconsistent
with the provisions of this Article, the general rules of law regarding party walls and liability for damage due to
negligence or willful acts or omissions shall apply thereto.
2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be
shared by the Owners who make use of the wall in proportion to such use.
3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty,
any Owner who has used the wall may restore it, and if the Owner of another Lot thereafter makes use of the wall,
such other Owner shall contribute to the cost of restoration thereof in proportions to such use; the foregoing
provision shall not prejudice, however, the right of any Owner to call for a larger contribution from another Owner
under any rule of law regarding liability for negligent or willful acts or omissions.
4. Weatherproofing. Notwithstanding any other provision of this ARTICLE X, an Owner who, by hi
negligent or willful act, causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner
under this ARTICLE X shall be appurtenant to the land or Unit and shall pass to such Owner's successors in title.
EXECUTED by Declarant on the day and year first above written.
Robert DeVere Lamoreaux Jr.
Tasha Marie Lamoreaux
Daniel Marvin Muhlestein
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Annette Muhlestein
STATE OF IDAHO
COUNTY OF MADISON
The within instrument was acknowledged before me this day of , 2004, by
Robert DeVere and Tasha Marie Lamoreaux, and Daniel Marvin and Annette Muhlestein in the capacity indicated.
NOTARY PUBLIC
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BYLAWS
OF
THE MEADOWS HOMEOWNERS ASSOCIATION
City of Rexburg, Madison County, State of Idaho
A Planned Homeowners Association of THE MEADOWS.
06/09/05
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made
this day of the month of 1 2004, by Robert DeVere and Tasha Marie
Lamoreaux, and Daniel Marvin and Annette Muhlestein, in their capacity as the owner and
developer of The Meadows, a planned development in the City of Rexburg, Madison County,
State of Idaho.
ARTICLE I
BYLAWS
BYLAWS- MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
1. Membership. Every Owner, upon acquiring title to a Lot, shall automatically become a member of be
Association and shall remain a member thereof until such time as his ownership of such Lot ceases for any reason, at
which time his membership in the Association, with respect to such Lot, shall automatically cease and the successor
Owners shall become a member. Membership in the Association shall be mandatory, shall be appurtenant to, and
shall not be separated from, the ownership of a Lot.
2. Voting Rights. The Association shall initially have two classes of voting memberships, votes of both
classes being of equal value as to all matters except for determining the presence or absence of a quorum at
Association meetings, in which case such determination shall be made as if there were no Class B voting rights:
(a) Class A. Each Owner, including Declarant, shall be a Class A member entitled to one vote for each Lot
in which such member hold the interest required for Association membership.
(b) Class B. Declarant shall be the only person entitled to Class B voting rights which shall entitle
Declarant to one vote for each Class A voting right outstanding at the time (including any to which
Declarant is entitled). Class B rights shall terminate and become a nullity on the earlier of:
(i) the expiration of 90 days following the date on which the total outstanding Class A
voting rights, other than those held by Declarant, equal the total number of Class B
voting rights to which Declarant is entitled pursuant to the provisions of this Section 2; or
(ii) on December 31, 2008; or
(iii) upon surrender of the Class B voting rights by Declarant in writing to the Association.
Upon the termination of the Class B voting rights, all member, including Declarant, shall have equal voting rights as
to all matters except as they may be limited in Section 4(d) of ARTICLE V in the CCNR Declaration.
3. Multiple Ownership Interests. In the event there is more than one Owner of a particular Lot, the vote
relating to such Lot shall be exercised as such Owners may determine between or among themselves, but in no event
shall more than the total number of votes appurtenant to such Lot be cast with respect to any issue. A vote cast at
any Association meeting, or by written consent by any of such Owners, whether in person or by proxy, shall be
conclusively presumed to be the entire vote attributable to the applicable Lot unless an objection is made at the
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meeting, or in writing, by another Owner of the same Lot, in which event no vote will be counted with respect to
such Lot except to determine the presence or absence of a quorum.
4. Records of Ownership. Every Owner shall promptly cause to be duly filed of record in the Public Records
the conveyance document (or in the case of contract buyer, a copy of the sales contract or notice of interest) to him
of his Lot and shall file a copy of such conveyance document with the Secretary of the Association, who shall
maintain a record of ownership of the Lots. Any Owner who mortgages his Lot or any interest therein shall notify
the Secretary of the Association of the name and address of the Mortgagee and also of the release of such Mortgage;
and the Secretary of the Association shall maintain all such nformation in the records of ownership. The
Association may at any time obtain and rely on information from the Public Records regarding the Owners and
Mortgagees of Lots.
5. Place of Meeting. Meetings of the Association shall be held at such suitable place convenient to the
Owners as may be designated by the Secretary of the Association in the notice therefor.
6. Annual Meetings. Annual meetings of the membership of the Association shall be held in each year
beginning in the year 2003 on such month, day and time as is set forth in the notice therefor; provided, that after the
first such annual meeting, a month other than the month of the initial meeting may be chosen if it is deemed by the
memberships to be more convenient. At such annual meetings there shall be elected Directors of the Board, as
needed, pursuant to the provisions of this Declaration. Financial and budget reports shall also be presented at such
meetings as well as other business of the Association properly placed before each meeting.
7. Special Meetings. The President shall call a special meeting of the Owners as directed by a resolution of
the Board or on a petition signed by Owners holding at least thirty percent (30 %) of the total votes of the
Association having been presented to the Secretary. No business shall be transacted at a special meeting except as
stated in the notice therefor unless consented to by fifty percent (50 %) or more of the Owners present, either in
person or by proxy.
8. Notice of Meetings. The Secretary shall mail a notice of each annual or special meeting stating the purpose
thereof as well as the time and place of the meeting to each Owner of record at least 10, but not more than 20, days
prior to such meeting. The mailing of notice prepaid U.S. Mail, or by delivery in person, shall be considered notice
served.
9. Quorum. Except as provided in Section 10 of ARTICLE III of this Declaration, Owners present in person
or by proxy at any membership meeting duly called pursuant to notice shall constitute a quorum at all meetings, both
annual and special; provided, however, that such Owners collectively be entitled to cast a least forty percent (40 %)
of the total Association votes eligible to vote.
10. Adjourned Meetings. If a meeting of Owners cannot be organized because a quorum is lacking pursuant to
Section 9 of this ARTICLE, the Owners present, either in person or by proxy, may adjourn the meeting to a time not
less than forty -eight hours from the time the original meeting was called, at which time the requirements for a
quorum shall be reduced by one -half that required at the immediately preceding meeting.
11. Officers. The Association shall have a President, a Vice President, a Secretary and a Treasurer, all of
whom shall be elected by and from the Board. The Board may appoint an Assistant Secretary and Assistant
Treasurer, if needed. Only the offices of Secretary and Treasurer may be filled by the same person. The officers
shall be elected by the Board in an organizational meeting of the Board immediately following each annual meeting
of Owners at which the new Board are to be elected; provided that until Board members are elected by Owners
pursuant to Section 13 of this ARTICLE, the officers will be appointed by Declarant.
(a) President. The President shall be the chief executive officer of the Association and shall preside at
all meetings of the Association and of the Board. The President shall have all of the general
powers and duties that are usually vested in the office of president of a similar type association.
(b) Vice President. The Vice President shall take the place of the President and perform his duties
whenever the President is absent or unable to act. If neither the President nor Vice President is
able to act, the Board shall appoint some other member of the Board to do so on an interim basis.
The Vice President shall also perform such other duties as shall from time to time be imposed on
him by the Board.
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(c) Secretary. The Secretary shall keep the minutes of all meetings of the Board and the minutes of all
meetings of the Association. The Secretary shall have charge of such books and records as the
Board may direct and he shall, in general, perform all duties incident to the office of secretary of a
similar type association.
(d) Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible
for keeping full and accurate accounts of all receipts and disbursements in books belonging to the
Association. The Treasurer shall be responsible for the deposit of all money and any other
valuable effects in the name and to the credit of the Association in such depositories as may from
time to time be designated by the Board.
12. Initial Composition of Board: Declarant Control. Declarant alone shall have the right to select the initial
Board which may be composed of three members, none of whom need be Owners, or to perform the duties of the
Board in place of the Board. Such right of the Declarant to appoint the Board, or to perform its duties, shall remain
in Declarant until the termination of the Class B voting rights as provided in Section 11.2(b) at which time the
Association shall proceed to elect members of the Board in accordance with the Association's Bylaws as set forth in
Section 13 of this ARTICLE.
13. Board of Directors or Trustees: Owner Control; Composition, Election, Vacancies. Subject to the
provisions of Section 12 of this ARTICLE, the Board shall be composed of five members, each of whom shall be an
Owner (or an officer, director, or agent of a non - individual Owner). At the first meeting of Owners to elect the
Board, two members shall be elected to a three -year term, two to a two -year term, and one to a one -year term. As
members' terms expire, new members shall be elected for three -year terms and shall serve on the Board until their
successors are elected. Vacancies on the Board shall be filled by the remaining Board members from among the
Owners, and such appointees shall serve until the next annual meeting of Owners when their successors shall be
elected for the unexpired term of the member they were appointed to replace. The Owners may increase tl I e number
of Board members to seven at any meeting of Association members at which such increase is properly placed on the
agenda and meeting notice.
14. Indemnification of Board. Each of the members of the Board shall be indemnified and held harmless by the
Lot Owners against all costs, expenses, and liabilities whatsoever (excluding fraudulent and /or criminal actions)
including, without limitation, attorneys fees reasonably incurred in connection with any proceeding in which such
Board member may become involved by reason of being, or having been, a member of said Board.
15. Board Meetings, Quorum, Board Action. The Board shall establish rules for its meetings, whether regular
or special. A majority of current Board members shall constitute a quorum.
The action of a majority of those Board members attending a meeting at which a quorum is present shall be
sufficient to constitute the action of the Board. Action by consent shall require the unanimous written consent of all
current Board members.
ARTICLE II
BYLAWS- DUTIES AND POWERS OF THE ASSOCIATION
1. Duties of the Association. The Association, through its Board, is responsible for the maintenance of any
Common Areas, the determination, imposition and collection of Assessments, the enforcement of the provisions of
this Declaration and, in general, the preservation of the residential quality and character of the Development to the
benefit and general welfare of the Owners. Without limiting any other duties which may be imposed upon the
Association by its Articles, Bylaws, or the Declaration, the Association shall have the obligation and duty to do and
perform each and every one of the following for the benefit of the Owners and the maintenance and improvement of
the Development:
(a) Accept all Owners as members of the Association.
(b) Accept title to all Common Areas conveyed to it, whether by Declarant or by others, but may
refuse if the same is not free and clear of liens and encumbrances.
(c) Maintain, repair and replace any structural Common Areas.
06/09/05
(d) In connection with its duties to maintain and repair Common Areas, to provide maintenance and
repair upon the exterior surfaces and roofs of the Townhouse Units (and /or the buildings in which
such Townhouse Units exist), and fences, including but not limited to, painting, staining,
replacing, and caring for roofs, gutters, downspouts, exterior surfaces, window casings, trim,
fences and other exterior improvements except glass surfaces.
(e) To the extent not assessed to or paid by the Owners directly, pay all real property taxes and
assessments levied upon any portion of the Common Areas, provided that the Association shall
have the right to contest or compromise any such taxes or assessments; and further, to make a
prorata Specific Assessment to all Lots and the Owners thereof for the total amount so levied and
paid by the Association.
(f) Obtain and maintain in force the policies of insurance required of it by the provisions of the
Declaration.
The Association may engage (but is not required to do so) a responsible corporation, partnership, firm, person or
other entity, as the Managing Agent to manage and control the Common Areas, subject at all times to direction by
the Board, with such administrative functions and powers as shall be delegated to the Managing Agent by the Board.
The compensation of the Managing Agent shall be reasonable as specified by the Board. Any agreement appointing
a Managing Agent shall be terminable by either party, with or without cause and without payment of any
termination fee, upon 30 days' written notice thereof. Any Managing Agent shall be an independent contractor.
2. Powers and Authority of the Association. The Association shall have all the powers set forth in its Articles
and Bylaws, together with its general powers as a nonprofit corporation, and the power to do any and all things
which may be authorized, required or permitted to be done by the Association under and by virtue of the Declaration
or the Bylaws. Without in any way limiting the generality of the foregoing, the Association shall have the following
powers:
(a) At any time and from time to time, and without liability to any Owner for trespass, damage or
otherwise, to enter upon any Lot for the purpose of maintaining and repairing such Lot or any
improvement thereon if for any reason the Owner fails to maintain and repair such Lot or
improvement as required by the provision of the Declaration. The Association shall also have the
power and authority from time to time in its own name, on its own behalf, or in the name and
behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits
to restrain and enjoin any breach or threatened breach of the Declaration, the Bylaws or any Rules
and Regulations promulgated by the Board, or to enforce by mandatory injunction, or otherwise,
all of the provisions of the Declaration, the Bylaws and such Rules and Regulations.
(b) In fulfilling any of its duties under the Declaration, including its duties for the maintenance, repair,
operation or administration of the Common Areas and Lots to the extent necessitated by the failure
to do so of the Owners of such Lots, or in exercising any of its rights to construct improvements or
other work upon any of the Common Areas, the Association shall have the power and authority to
obtain, contract and pay for:
(i) Construction, maintenance, repair and landscaping of the Common Areas on such terms
and conditions as the Board shall deem appropriate;
(ii) Such insurance policies or bonds as the Board may deem appropriate for the protection or
benefit of the Association, the members of the Board, and the Owners;
(iii) Such Common Area related utility services as the Board may from time to time deem
necessary or desirable;
(iv) The services of architects, engineers, attorneys, certified public accountants, and such
other professional or nonprofessional services as the Board may deem desirable;
(v) Fire, police and such other protection services as the Board may deem desirable for the
benefit of the Owners or any portion of the Development; and
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(vi) Such materials, supplies, equipment, services and labor as the Board may deem
necessary.
3. Association Rules and Regulations. The Board from time to time, subject to and not inconsistent with the
provisions of the Declaration or the Bylaws, may adopt, amend, repeal and enforce reasonable Rules and
Regulations governing, among other things: (a) the use of the Common Areas; (b) the collection and disposal of
refuse; (c) uses and nuisances pertaining to the Development; and (d) all other matters concerning the use and
enjoyment of the Common Areas and the conduct of Owners and their invitees within the Development. These rules
and regulations shall be made only as they would benefit the Development as a whole.
4. Limitation of Liability. No member of the Board, acting in good faith, shall be personally liable to any
Owner, guest, tenant or any other person for any error or omission of the Association, its representatives and
employees, the Board, any committee of the Board, or the Managing Agent.
ARTICLE III
BYLAWS- ASSESSMENTS
1. Personal Obligation and Lien. Each Owner shall, by acquiring or in any way becoming vested with his
interest in a Lot, be deemed to covenant with, and agree to pay to, the Association the Assessments described in this
ARTICLE, together with late payment fees, interest and costs of collection, if aid when applicable. All such
amounts shall be, constitute, and remain: (a) a charge and continuing lien upon the Lot with respect to which the
Assessment is made until fully paid; and (b) the personal, joint and several obligation of the Owner or Owners of
such Lot at the time the Assessment falls due. No Owner may exempt himself or his Lot from liability for payment
of Assessments by waiver of his rights in the Common Areas or by abandonment of his Lot. III a voluntary
conveyance of a Lot, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments,
late payment fees, interest and costs of collection, including reasonable attorney's fees, which shall be a charge on
the Lot at the time of the conveyance, without prejudice to the grantee's right to recover from the grantor the
amounts paid by the grantee therefor.
2. Purpose of Assessments. Assessments levied by the Association shall be used exclusively for the purpose
of promoting the Development, the interests of the Owners therein, paying costs properly incurred by the
Association, and the maintenance, operation and carrying of the Common Areas. The use made by the Association
of funds obtained from Assessments may include, but shall not be limited to, payment of the Common Expenses
and any expense necessary or desirable to enable the Association to perform or fulfill its obligations, functions or
purposes under the Declaration, its Articles and Bylaws or the Rules and Regulations.
3. Annual Assessments. Annual Assessments shall be computed and assessed against all
Lots in the Development based upon advance estimates of the Association's cash requirements to provide for
payment of Common Expenses.
4. Annual Budget. Annual Assessments shall be determined on the basis of a fiscal year ending December 31;
provided the first fiscal year shall begin on the date of recordation of this Declaration in the Public Records. On or
before December 15 of each fiscal year, the Board shall prepare and furnish to each Owner an operating budget for
the upcoming fiscal year. The operating budget for the first fiscal year shall be prepared and furnished to each
Owner within 30 days of such Owner's initial purchase. The budget shall itemize the estimated cash requirements for
such fiscal year, anticipated receipts, and any deficit or surplus from the prior operating period. The budget shall
serve as the supporting document for the Annual Assessments for the upcoming fiscal year and as the major
guideline under which the Development shall be operated during such annual period.
5. Notice and Payment of Annual Assessments. Except with respect to the fiscal period ending December 31,
2001, the Association shall notify each Owner as to the amount of the Annual Assessment against his Lot on or
before December 15 of the year preceding the year for which such Annual Assessment is made. Each Annual
Assessment shall be payable in 12 equal monthly installments, each such installment due on the first day of each
calendar month during the fiscal year to which the Annual Assessment relates; provided that the Annual Assessment
for the first fiscal period shall be based upon such portion of such fiscal period as follows the recordation of the
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Declaration in the Public Records and shall be payable in such installments and at such times as the Association, in
the sole discretion of its Board, may determine. The failure of the Association to give timely notice of any Annual
Assessment as provided herein shall not be deemed a waiver of or modification in any respect of the provisions of
the Declaration, or a release of any Owner from the obligation to pay such Annual Assessment, or any other
Assessment; but the date when the payment shall become due in such case shall be deferred to a date 15 days after
notice of such Annual Assessment shall have been given to the Owner in the manner provided in Section 1 of
ARTICLE IV of this Declaration.
6. Initial and Transfer Fees. Each Owner (other than Declarant), shall be required to prepay at the time of
purchase of his Lot, whether as a first time or subsequent Owner, the sum of
$200, which sum shall be in addition to any proration of the Annual Assessment which may be due for the current
fiscal year in which a new Owner purchases his Lot. Such fees shall become part of the Association's general fund to
be utilized as necessary for payment of Common Expenses.
7. Maximum Annual Assessment. Until January I of the calendar year immediately following the conveyance
of the first Lot to an Owner, the maximum Annual Assessment shall not exceed the amount per Lot that is
determined by the Board pursuant to Section 4 of this ARTICLE. From and after January 1 of the calendar year
immediately following the conveyance of the first Lot to an Owner, the maximum Annual Assessment may be
increased by the Board each calendar year thereafter (non - cumulatively) by not more than fifteen percent (15 %)
above the maximum Annual Assessment for the previous year, without the vote of Owners entitled to cast a majority
of the Association votes.
8. Special Assessments. The Association may levy Special Assessments for the purpose of defraying, in
whole or in part: (a) any expense or expenses not reasonably capable of being fully paid with funds generated by
Annual Assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required addition to, or
replacement of, infrastructure or improvements within the Common Areas. Any such Special Assessment shall be
apportioned among and assessed to all Lots in the same manner as Annual Assessments. Such Special Assessments
must be assented to by at least sixty percent (60 %) of the votes of the membership which Owners present in person
or represented by proxy are entitled to cast at a meeting duly called for such purpose. Written notice setting forth the
purpose of such meeting shall be sent to all Owners at least 10 but not more than 30 days prior to the meeting date.
9. Uniform Rate of Assessment. All Annual and Special Assessments authorized by Section 3 and 8 of this
ARTICLE, respectively, shall be fixed at a uniform rate for all Townhouse Lots, at a uniform rate for all
Condominium Units, and at a uniform rate for all Detached Residential Lots, if any, (having in mind the difference
in Common Expense attributable to each category); provided, however, that no Annual or Special Assessments shall
be due and payable until a Lot has been both fully improved with a completed Unit and occupancy taken for the first
time by an Owner or tenant. During the period of time that Declarant holds the Class B voting rights in the
Association, if assessed fees collected by the Association fail to adequately meet Association expenses, then
Declarant shall pay any shortfall.
10. Quorum Requirements. The quorum at any Association meeting required for any action authorized by
Section 8 of this ARTICLE, shall be as follows: At the first meeting called, the presence of Owners or proxies
entitled to cast sixty percent (60 %) of the total Association votes eligible to vote shall constitute a quorum. If a
quorum is not present at the first meeting, or any subsequent meeting, another meeting may be called (subject to the
notice requirements set forth in said Section 8 of this ARTICLE) at which the quorum requirement shall be one -half
(1 12) of the quorum which was required at the immediately preceding meeting.
11. Specific Assessment. In addition to the Annual Assessment and any Special Assessment authorized
pursuant to Section 3 and 8 of this ARTICLE, the Board may levy at any time Specific Assessments (a) on every
Lot especially benefited (i.e., benefited to a substantially greater degree than any other Lot) by any improvement to
adjacent roads, sidewalks, planting areas or other portions of the Common Areas made on the written request of the
Owner of the Lot to be charged; (b) on every Lot the Owner or occupant of which shall cause any damage to the
Common Areas necessitating repairs; and (c) on every Lot as to which the Association shall incur any expense for
maintenance or repair work performed, or enforcement action taken, pursuant to any of the provisions of the
Declaration. The aggregate amount of any such Specific Assessment shall be determined by the cost of such
improvements, repairs, maintenance or enforcement action, including all overhead and administrative costs, and all
attorney's fees and costs, and shall be allocated among the affected Lots according to the magnitude of special
benefit, or cause of damage, or maintenance, or repair work, or enforcement action, as the case may be, and such
Assessment may be made in advance of the performance of work. If a special benefit arises from any improvement
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which is part of the general maintenance or operation obligations of the Association, it shall not give rise to a
Specific Assessment against the Lots benefited.
12. Certificate Regarding Payment. Upon the request of any Owner or prospective purchaser or encumbrancer
of a Lot, and upon the payment of a reasonable fee to the Association to cover administrative costs, the Association
shall issue a certificate stating whether or not payment of Assessments respecting such Lot are current and, if not,
the amount of the delinquency. Such certificate shall be conclusive in favor of all persons who rely thereon in good
faith.
13. Effect of Nonpayment; Remedies. Any Assessment (whether Annual, Special or
Specific) not received within 10 days of the date on which it or any installment thereof becomes due shall be subject
to a late charge not to exceed 5% thereof, which, together with interest and costs of collection, shall be, constitute,
and remain a continuing lien on the affected Lot. If any Assessment is not received within 10 days after the date on
which it becomes due, the amount thereof shall also bear interest from the due date at the rate of one percent (1 %)
per month; and the Association may bring an action against the Owner who is personally liable therefor, or may
foreclose its lien against the Lot pursuant to provisions of the Idaho Statutes applicable to the exercise of powers of
sale in deeds of trust, by fireclosure as a mortgage, or in any other manner permitted by law. Any judgment
obtained by the Association in connection with the collection of delinquent Assessments and related charges shall
include reasonable attorney's fees, court costs, and every other expense incurred by the Association in enforcing its
rights. Failure of the Association to promptly enforce any remedy granted pursuant to this Section 13 shall not be
deemed a waiver of any such rights.
14. Subordination of Lien to Mortgages. The lien of the Assessments provided herein shall be subordinate to
the lien of any Mortgage given in the first instance to a bank, savings and loan association, insurance company or
other institutional lender; and the holder of any such Mortgage or a purchaser who comes into possession of or
becomes the Owner of a Lot by virtue of the foreclosure of such Mortgage, or the exercise of a power of sale under
such Mortgage, or by deed in lieu of foreclosure, shall take free of such Assessment lien as to any Assessment
installment which accrues or becomes due prior to the time such holder or purchaser comes into possession or
ownership of such Lot; provided, that to the extent there are any proceeds of the sale on foreclosure of such
Mortgage, or by exercise of such power of sale, in excess of all amounts necessary to satisfy all indebtedness
secured by and owed to the holder of such Mortgage, the lien shall apply to such excess. No sale or transfer of a Lot
in connection with any foreclosure of a Mortgage shall relieve any Lot from the lien of any Assessment installment
thereafter becoming due.
15. No Abatement. No diminution or abatement of any Assessments under the Declaration shall be claimed or
allowed for inconvenience, annoyance, or discomfort arising fromla) any construction (or lack of construction)
within the Development; (b) the making of (or failure to make) any repairs or improvements to, or the maintenance
of, any Common Areas of the Development; or (c) from any action taken to comply with the provision of the
Declaration or with the laws, ordinances, regulations, rules, or orders of any governmental authority.
ARTICLE IV
GENERAL PROVISIONS
1. Notices. Any notice required or permitted to be given to any Owner under the provisions of this
Declaration shall be deemed to have been properly furnished if delivered or mailed, postage prepaid to the person
named as the Owner, at the latest address for such person, as reflected in the records of the Association at the time of
delivery or mailing. Any notice required or permitted to be given to the Association may be given by delivering or
mailing the same to the Managing Agent or any officer or Board member of the Association or to the Association's
Registered Agent as reflected in the Association's records at the Office of the Secretary of State of the State of
Idaho. Any notice required or permitted to be given to the DRC may be given by delivering or mailing the same to
the Managing Agent of the Association or any member of the DRC.
2. Amendment. This Declaration may be amended (as opposed to terminated) by an instrument recorded in
the Public Records, which is executed either by Owners who collectively hold at least sixty percent (60 %) of the
total outstanding votes in the Association, or by the Association's President and Secretary, who shall certify that the
required sixty percent (60 %) vote was obtained in a Member meeting, or by consent, and is so documented in the
records of the Association. No amendment to any provision of this Declaration which has the effect of diminishing
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or impairing any right, power, authority, privilege, protection, or control accorded to Declarant (in its capacity as
Declarant), shall be accomplished or effective unless the instrument through which such amendment is purported to
be accomplished is specifically consented to in writing by Declarant.
3. Consent in Lieu of Vote. In any case in which this Declaration requires for authorization or approval of a
transaction the assent or affirmative vote of a stated percentage or number ofvotes outstanding in the Association, or
of the Owners, such requirement may be fully satisfied by obtaining, with or without a meeting, consents in writing
to such transaction from Owners entitled to cast at least the stated percentage or number of all votes then outstanding
in the Association, unless a higher percentage or a greater number is required by law. The following additional
provisions shall govern any application of this Section 3:
(a) All necessary consents must be obtained prior to the expiration of 90 days after the first consent is
given by any Owner;
(b) The total number of votes required for the applicable authorization or approval shall be determined
as of the date on which the last consent is signed;
(c) Any change in ownership of a Lot which occurs after a consent has been obtained from the Owner
thereof shall not be considered or taken into account for any purpose; and
(d) Unless the consent of all Owners whose memberships are appurtenant to the same Lot are secured,
the consent of none of such Owners shall be effective.
4. Declarant's Rights Assignable. All or any portion of the rights of Declarant under this Declaration, or in any
way relating to the Development, may be assigned without the consent of any Owners.
5. Interpretation. The captions pertaining to the ARTICLE and Section numbers of this Declaration are for
convenience only and shall in no way affect the manner in which any provision hereof is construed. Whenever the
context so requires, the singular shall include the plural, the plural shall include the singular, and any gender shall
include all genders. The invalidity or unenforceability (If any portion of this Declaration shall not affect the validity
or enforceability of the remainder hereof which shall remain in full force and effect. The laws of the State of Idaho
shall govern the validity, construction, and enforcement of this Declaration.
6. Condemnation. If at anytime or times an insubstantial or minor part of the Common Areas or any part
thereof shall betaken or condemned by any authority having the power of eminent domain, all compensation and
damages shall be payable to the Association and shall be used by the Association to the extent necessary for
restoring or replacing any improvements on the remainder of the Common Areas. In the event of any other taking or
condemnation, the interests of the Association, the Owners and Mortgagees shall be as they may appear.
7. Covenants to Run with Land. This Declaration and all the provisions hereof shall constitute covenants to
run with the land, or equitable servitudes, as the case may be, and shall be binding upon and shall inure to the benefit
of Declarant, all parties who hereafter acquire any interest in a Lot, their respective grantees, transferees, heirs,
devisees, personal representatives, successors, and assigns. Each Owner or occupant of a Lot shall comply with, and
all interests in all Lots or in the Common Areas shall be subject to, the terms of this Declaration and the provisions
of any Rules and Regulations, agreements, instruments, and determinations contemplated by this Declaration. By
acquiring any interest in a Lot, the party acquiring such interest consents to, and agrees to be bound by, each and
every provision of this Declaration.
8. Enforcement of Restrictions. The Association, any Owner or any Mortgagee shall have the right to exercise
or seek any remedy at law or in equity to interpret, to enforce compliance with, or to obtain redress for violation of,
this Declaration. The prevailing party in any such action shall be entitled to collect court costs and reasonable
attorney's fees.
9. Duration /Termination. This Declaration shall remain in effect until such time as there is recorded in the
Public Records, following the approval of the City of Rexburg authorizing such termination, an instrument of
termination which is executed by eighty percent (80 %) of the total outstanding votes of the Association, plus the
Mortgagee of each and every Lot.
10. Effective Date. This Declaration, and any amendment hereto, shall take effect upon its being filed for
record in the Public Records.
06/09/05
11. Replacement of Bylaws. This Declaration, and any amendment hereto, shall Replace instrument # 313226
as the Bylaws for The Meadows Homeowners Association upon its being filed for record in the Public Records.
EXECUTED by Declarant on the day and year first above written.
Robert DeVere Lamoreaux Jr.
Tasha Marie Lamoreaux
Daniel Marvin Muhlestein
Annette Muhlestein
STATE OF IDAHO
COUNTY OF MADISON
The within instrument was acknowledged before me this day of 1 2004, by
Robert DeVere and Tasha Marie Lamoreaux, and Daniel Marvin and Annette Muhlestein in the capacity indicated.
NOTARY PUBLIC
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