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APPLICATION - 04-00397 - 595-663 Trejo St - Riverwoods Townhomes DIV1 - Preliminary Plat
- c Planning and Zoning Commission City of Rexburg Subdivision Application 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: All Preliminary plats shall be 24" x 36" foldable, drawn to scale, North point, dated. The following Shall be shown on the Preliminary Plat or shall be submitted separately: l 1. The name of the proposed subdivision: R � ve ✓ W uoa�' l PW4C M 2. The location x 'y _ ` - F — r6 b Acreage /, Number of Lots 3. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Name Address Phone Numbers LLL Subdivider j , ks + - kck, w{' 1 �) 3).? 3 7f Engineer r[.r/t 1�s a r u Surveyor t� nxGa, 3S —al 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. - Place on Preliminary Plat. The legal description of the subdivision. - Place on Preliminary Plat. 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. ::�I's���`� 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. r 8. A vicinity map showing the relationship of the proposed plat to the surrounding area ( /2 inim mile of m um radius, scale optional). 9. The land use and existing zoning of the proposed subdivision and the adjacent land. 10. Does subdivision conform to present zoning? 11. Requested zoning 12. Variance Requested. Yes No (If yes, attach written request) 13. Requesting annexation to City? IU 14. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks 15. Lot lines and blocks showing the dimensions and numbers of each. 16. 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. 17. A site report as required by the appropriate health district where individual wells or septic tanks are proposed, this shall be in the form of a letter. � I I 18. Au 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. 19. Public services and other departments. approval (signatures necessary) a. water f. City Engineer b. sewer g. Planning Commission c. fire and police h. City Council d. electric and/or gas e, street and traffic 20. A copy of any proposed restrictive covenants and/or deed restrictions. submitted with final plat) (To be attached 21. Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LEGACY TOWNHOMES OF REXBURG WITH BYLAWS FOR THE LEGACY TOWNHOMES OF REXBURG HOMEOWNERS'ASSOCIATION ARTICLE I RECITALS, DESCRIPTION OF PROPERTY AND DECLARATION OF COVENANTS 1.1 Declaration of Covenants, Conditions and Restrictions. This Declaration of Covenants, Conditions and Restrictions (subsequently called this "Declaration "), is made effective on the date subsequently set forth in this Declaration by the Legacy Townhomes of Rexburg Home Owners Association, (subsequently called the "Association "). 1.2 The Property. The Association shall initially consist of four (4) Townhouse parcels, but eventually it will have eighteen (18) Townhouse parcels. The four (4) initial Townhouse parcels are legally described in Exhibit "A ". In that regard, Exhibit "A" is incorporated into this Declaration and made a part of this Declaration as if set forth in full. The Developer and current Owner reserves the right to amend Exhibit "A" through an amendment to this Declaration.to add the additional Townhouse parcels referenced above. The Townhouse parcels and other real property described in Exhibit "A" may be called the "project" from time to time throughout this Declaration. 1.3 Declaration of Covenants. The initial four (4) Townhouse parcels, and eventually all eighteen (18) Townhouse parcels, in the project are and shall be held, transferred, sold, conveyed, used, leased and occupied subject to these covenants, restrictions, easements, charges and liens set forth in this Declaration (subsequently called the "CCR's" collectively as required in or by the context of this Declaration from time to time), which are for the purpose of enhancing the value and desirability of, and which shall be an equitable servitude running with, each parcel constituting any part of the project and shall be binding on all persons having any right, title or interest in each parcel constituting any part of the project, and each such person's heirs, successors and assigns, and shall inure to the benefit of each such person and any other holder of any interest in any parcel constituting any part of the project. 2- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws . y 1.4 Description of Townhouse Ownership. A multiple family dwelling townhouse layout has been constructed on the project. In that regard, each parcel, together with the improvements thereon, constitutes a single family residential dwelling (subsequently called a "parcel" as required in or by the context of this Declaration from time to time). Each parcel will be sold, as described in a separate legal description for such parcel, in separate legal documentation prepared and signed at time of the parcel's purchase, and each parcel will be considered, and by this Declaration is, a separate freehold estate, separately described and conveyed, but sharing a common wall with an adjoining parcel. Each parcel will also have full rights of ownership, but will be governed by, and subject to, both the provisions of this Declaration and all amendments subsequently made to this Declaration. Each parcel shall consist of all land comprising such parcel in fee simple, together with all structures or improvements located on such real property, as well as all rights appurtenant thereto. 1.5 Survey Map and Descriptions. The map and the legal descriptions for each of the four (4) Townhouse parcels, certain common area and other real estate are set forth in Exhibit "A". 1.6 Common Area. The initial common area is identified and described in Exhibit "A" as Lot 5. Pursuant to Section 1.2 of this Declaration, the Developer and current Owner reserves the right to amend Exhibit "A" to identify and describe additional common area as part of the project. Any real property taxes and/or other assessments levied and /or assessed against such common area shall be apportioned among the owners of the Townhouse parcels at the time any such tax and/or assessment is levied. Each such Townhouse parcel owner's. portion shall be computed by multiplying the total real property tax and/or other assessment so levied and/or assessed by a fraction. In that regard, the numerator of the fraction is the total square footage owned by such Townhouse parcel owner, and the denominator of the fraction is the total square footage of all Townhouse parcels in the project. Each such Townhouse parcel owner shall pay such portion within ten (10) days of receiving notification from the Association requesting payment. The Association shall make any real property tax notice and /or other assessment notice received from the taxing or assessing authorities available each such Townhouse parcel owner upon request. 3 - Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws ' 1 M ARTICLE 2 DEFINITIONS 2.1 The terms used in this Declaration, unless otherwise further or more specifically defined in this Declaration, shall have the meanings given such terms in the Act. 2.2 "Act ". "Act" means the Idaho Condominium Property Act, Idaho Code Sections 55 -1501 et. seq. as in effect on the date of the recording of this Declaration. 2.3 "Association ". "Association" means the unincorporated association of the home owners formed by this Declaration for the Legacy Townhomes of Rexburg. The Association shall be composed of each of the owners of any of the Townhouse parcels. 2.4 "Common Expense ". "Common Expense" means any amount assessed against an owner of a Townhouse parcel pursuant to this Declaration, and pursuant to such rules and regulations as the Association shall adopt, or agree upon, for the care and maintenance of any easement property and the conunon good and benefit of the Townhouse parcel owners. 2.5 "Development Plan ". "Development Plan" means the graphic representation of the project and the legal descriptions for each of the parcels as set forth on Exhibit "A ", as amended by the Developer and current Owner pursuant to Section 1.2 of this Declaration. 2.6 "Easement Property ". "Easement Property" means that part of each parcel not covered by buildings, or fenced yards, as granted by the original subdivision. Any enclosed area shall then become a limited easement area private to the Townhouse parcel owner and maintained by the Association only if gates and access are readily available to the maintenance crews. If the fenced area is not accessible in such a manner, then that Townhouse parcel owner will be responsible for maintaining that portion of the parcel in the enclosed area. 2.7 "Institutional Mortgagee ". " Institutional Mortgagee" means any institutional holder of any interest in any mortgagee or deed of trust by which a parcel of the project is encumbered. 4- Declaration of OCR's for The Legacy Townhomes of Rexburg with Bylaws 2.8 "Management Body ". "Management Body" means the Association or the designated agent of the Association. 2.9 "Project ". "Project" means, and refers to, all real property described in Exhibit "A ", as amended by the Developer and current Owner pursuant to Section 1.2 of this Declaration, together with all improvements existing or from time to time constructed thereon. 2.10 "Owner ". "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any parcel, excluding however, any mortgagees unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. If a parcel is owned by more than one person or entity, the multiple owners shall be only allowed one vote in the meetings of the Association. A purchaser of a parcel under a contract of sale shall be deemed an owner if the contract is recorded in the Madison County Recorder's Office. 2.11 "Parcel'. "Parcel" means the entire parcel of property as described by the metes and bounds description, together with all appurtenances thereto. Each parcel shall consist of the described land, together with all improvements constructed thereon, but subject to the easements identified in this Declaration. Each unit, as subsequently defined, shall share a common wall with one or more of the other parcels. The parcels are "Townhouse" parcels in that each Townhouse parcel owner owns and is responsible for all the improvements on the parcel. .2.12 "Unit ". "Unit" means all improvements constructed on a Townhouse parcel. The unit number means the street address and number of the unit that will be used as a post office address. ARTICLE 3 OWNERSHIP, DESCRIPTION, RIGHTS AND RESTRICTIONS 3.1 Metes and Bounds Description Required. Each parcel may be conveyed only by full recitation of the metes and bounds description. The unit number shown in connection with each Townhouse parcel is only for convenience of reference and for use as a postal address. 5- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws 3.2 Ownership. The owner of each parcel shall own in fee simple title the entire land area of the parcel, together with all improvements located thereon, as well as all appurtenances and all benefits of these covenants, subject only to the covenants, restrictions, easements, charges and liens set forth in this Declaration and in the instrument of conveyance. All property taxes, assessments and special taxes or charges of the State of Idaho or of any political subdivision thereof, or other lawful taxing or assessing body shall be assessed against or levied upon each parcel separately and shall be a lien thereon pursuant to Idaho Code Section 55- 1514(c). 3.3 Taxation. All real property taxes and/or other assessments levied and/or assessed against a particular parcel shall be individually assessed and/or levied against such parcel and paid by the owner of such parcel, unless such parcel is part of a common area. In that regard, all real property taxes and/or other assessments against any common area shall be levied and/or assessed as provided in Section 1.6 of this Declaration. Project easement rights shall be considered part of the common area, and accordingly, all real property taxes and /or other assessments levied and/or assessed due to such easement rights shall be levied and/or assessed as provided in Section 1.6 of this Declaration. 3.4 Easements. Each parcel is hereby declared to be subject to, and. conversely the owners thereof, and the Association shall have the benefit of the following common easements: a. A perpetual right and easement for ingress and egress by person and vehicles. b, A perpetual right and easement of light, air, prospect over and across all the easement property. C. The right.of horizontal and lateral support. d. The rights to clean, maintain, repair, replace, beautify, landscape, and decorate the easement property including the right to remove any vehicle or other property left upon the individual driveways for more than forty-eight (48) consecutive hours without being moved. e. An easement for the water, gas, electric, sewer and TV cable and other utility lines as the same now exist, or as may hereafter be authorized by the Association, together with the right to maintain, repair and replace the same. 6- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws f. If any building upon any of the parcels encroaches or shall hereafter encroach upon another parcel, an easement for such encroachment and for the maintenance of the same shall and does exist. g. The rights, upon approval by the Association with reasonable notice, to go in upon the parcel and in the residence as necessary to clean, maintain or repair the exterior of the residence, adjacent units, and any easement property. 3.5 Restrictions. a. Maintenance. No charge, addition or alteration or change in exterior decoration shall be done by the parcel owner except in conformity to the exterior decorating scheme adopted and approved by the Association for all of the units. Any fencing, fixed basketball goal, structure, significant landscaping or exterior modification to the original construction or lot grade on any lot must receive written approval from the Association prior to construction. It will remain the duty of the parcel owner to maintain the structural integrity and weatherability of such owner's unit, specifically including, but not limited to, maintaining the soundness of the roof, windows, doors and exterior walls. b. Limitation on New Structures. No structures of any kind shall be placed on any of the easement property, except by the Association. Neither shall any vehicle nor personal property of any kind be left upon the easement property for more than twenty -four (24) consecutive hours without being moved. The easement property shall not be for storage of any property. C. No Subdivision. No Townhouse parcel shall be subdivided in any fashion or utilized by more than one living group. d. Insurance. All structures and improvements on each parcel shall be fully insured at all times. by a recognized and substantial - insurance company for the frill replacement value for all risks insurable in the Rexburg, Idaho area. Any damage or destruction to the unit shall be promptly restored by the parcel owner to its original design and dimensions to conform to the buildings and improvements existing on the other parcels or as otherwise approved the Association. e. Approval for Structures. No building, fence, wall or other structure of any land or landscaping shall be commenced, erected or maintained upon any parcel, unless the plan and specification showing the nature, kind, shape, height, materials and location is submitted to and approved in writing as to harmony of external design and location and topography by the Association, except that reasonable landscaping shall be fully allowed within fenced yards. 7- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws 3.6 Party Wall Between Units. All dividing walls and adjoining roof structures now or thereafter constructed between any two (2) units on the property shall be considered party walls, shall be deemed to belong to the respective common parcel owners as tenants in common and shall be used for the common purpose of the units separated thereby. The preservation and structural repair of any one of said party walls, except for interior decoration, shall be the joint duty and obligation of the persons using the particular party wall. No structural changes in any one of said party walls shall be undertaken without the prior written consent and approval of the Association and each of the users of the particular party wall. a. In the event any such party wall is damaged or destroyed through the act of one adjoining parcel owner, any of his guests, agents, or members of his family (whether or not such act is negligent or otherwise culpable) so as to deprive the other adjoining parcel owner of the full use and enjoyment of such party wall, then the first such parcel owners shall forthwith proceed to rebuild and repair the same to as good condition as formerly, without cost to the adjoining parcel owner. b. In the event any such party wall is damaged or destroyed by some cause other than the act of one of the adjoining parcel owners, his agents, guests or family (including ordinary wear and tear and deterioration from a lapse of time), then in such event, both such adjoining parcel owners shall proceed forthwith to rebuild or repair the same to as good condition as formerly at their joint and equal expense. In the event of a dispute between parcel owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then upon written request of one of such parcel owners addressed to the president of the Association, the matter shall be submitted to mediation or arbitration under such rules as -may from time to time be adopted by the Association. If no such rules have been adopted, then the matter shall be submitted to three arbitrators, one chosen by each of the parcel owners and the third by the Association. A determination for the matter signed by any two arbitrators shall be binding upon all parties involved in the subject dispute. The cost of arbitration shall be shared equally by the parcel owners involved in the dispute. 3.7 Lien for Assessments. As more fully provided in this Declaration, each Townhouse parcel shall be subject to a periodic assessment by the Association for the Association's expenses. Such assessments may also include real property taxes and/or other assessments levied and/or assessed against common area. All assessments of the Association shall constitute a lien upon such Townhouse parcel until paid. Additionally, the Association may impose fines for violation of these covenants upon approval by the Association's Board of Directors. 8- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws Such fines shall constitute a lien upon such Townhouse parcel until paid. 3.8 Covenants and Restrictions Appurtenant to Parcels. All rights or interests and obligations and restrictions created hereunder shall be deemed appurtenant to each parcel and shall not be separable therefrom. Any conveyance or encumbrance shall also be deemed a conveyance or encumbrance subject to, and together with, those appurtenant rights, interests, obligations or restrictions, even though not expressly stated or referred to in such transfer, conveyance or encumbrance. 3.9 Access Easement. Each parcel owner, and the Association and its agents, shall have a nonexclusive easement of reasonable scope to go in and upon the parcels and into the units to service the utility lines that go under, through or over a parcel and to make such use as may be necessary or appropriate to perform the duties and functions which the Association is obligated to perform pursuant to this Declaration. ARTICLE 4 TOWNHOUSE HOMEOWNERS ASSOCIATION 4.1 Association Created. By this Declaration, Declarant, the Developer and current Owner of the project, declares the existence of a Homeowners Association as an unincorporated nonprofit association under Idaho Code Section 53 -701 et seq. The purpose and powers of the Association shall be all of the purposes and powers set forth in this Declaration. The Association shall perform the duties and enforce the covenants and restrictions set forth in this Declaration. 4.2 Name. The name of this Association shall be the Legacy Townhomes of Rexburg Homeowner's Association. 4.3 Purpose. The purpose of the Association shall be: a. To promote the collective and individual property and civic interests of owners of the respective parcels in Legacy Townhomes of Rexburg. b. To care for the improvements and maintenance of the common area and easement Property and maintain the exterior decoration and appearance of the buildings and 9- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws other improvements on the parcels. C. To aid and cooperate with the owners in the enforcement of all conditions, covenants and restrictions on or appurtenant to their respective parcels. d. To collect funds for the Association's common expenses and to exercise any and all power that may be delegated to the Association by the owners of the respective parcels from time to time. Except on a dissolution, the Association shall not make any distributions to the Association's members and the net gains shall not inure to the individual benefit of the Association's members, but shall be used exclusively for the purposes set forth in this Declaration. 4.4 Membership. Every parcel owner shall be a member of the Association. If title to a parcel is held by more than one person, the membership related to that parcel shall be shared by all such persons in the same proportionate interests and by the same type of tenancy in which the title to the parcel is held. A parcel owner shall be entitled to one membership for each parcel owned by such parcel owner. Each such membership shall be appurtenant to the parcel upon which such membership is based and shall be transferred automatically by conveyance of such parcel. No person or entity other than a parcel owner may be a member of the Association, provided, however, that the rights of membership may be assigned to a mortgagee as further security for a loan secured by a lien on a parcel. 4.5 Administration. Each of the parcel owners -covenant and agree that the administration of the common area and easement property, the enforcement of covenants and restrictions, and exterior decoration functions of the Association property shall be in accordance with the provision - of this Declaration and the bylaws of the Association. 4.6 Meetings of Association. a. Place of Meetings. Meetings of the Association shall be held at such place within Madison County, Idaho, as the Board of Directors may specify in the notice, except as otherwise specified this Declaration. b. Annual Meetings. The annual meetings of the Association shall be held on the third Thursday of March of each year, provided that the Board of Directors may by resolution, fix the date and place of the annual meeting on such other date or such other place in Madison County, Idaho, as the Board .of Directors may deem appropriate. 10- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws C. Special Meetings. Special meetings of the Association may be called at any time by written notice signed by a majority of the Board of Directors, or by parcel owners having thirty percent (30 %) of the total votes, delivered not less than ten days prior to the date fixed for said meeting. Such meeting shall be held on the project or such other place in Madison County, Idaho, as the notice may specify, and the notice thereof shall state the date, time, place and matters to be considered and shall contain a proxy for absentee voting. d. Notices. Any notice permitted or required to be delivered as provided in this Declaration shall be in writing and may be delivered to each Association member's unit or by mail. If delivery is by mail, it shall be deemed to have been delivered and/or received forty-eight (48) hours after a copy of the same has been deposited in the United States Mail, postage prepaid, addressed to a parcel owner at the address given by such parcel owner to the secretary for the purpose of service of such notice or to the unit of such parcel owner if no other address has been given. Such address may be changed from time to time by notice in writing to the secretary. e. Quorum. At any meeting of the Association, the parcel owners of more than thirty percent (30 %) of the voting rights, present, in person or represented by proxy, shall constitute a quorum for any and all purposes, except where by express provision of this Declaration a greater vote is required, in which event a quorum shall be the number required for such vote. In the absence of a quorum a meeting may be adjourned from time to time, without. notice other than by announcement at the meeting, until holders of the amount of interest requisite to constitute a quorum shall attend. At any future gathering such an adjourned meeting where a quorum is present, any business may be transacted by which parcel owners were originally notified. f. Voting. Voting shall be on a parcel basis, and each parcel shall be entitled to one vote. When a quorum is present at an y meeting, the vote of parcel owners representing at least fifty -one percent (51%) or more of the voting rights of the parcel owners either present in person or represented by proxy, shall decide any question of business brought before such meeting, including the election of the Board of Directors, unless the question is one upon which this Declaration requires a different vote, in which case such express provision shall govern and control the decision of such question. All votes may be cast either in person or by proxy. The proxies shall be in writing and shall be delivered to the secretary prior to the meeting. 11 - Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws g- Waiver of Notice. Any parcel owner may at any time waive any notice required to be given under this Declaration or by statute or otherwise. The presence of a parcel owner in person at any meeting of the parcel owners shall be deemed such waiver. 4.7 Action by Written Resolution. Any action that could be approved by a duly constituted meeting of the Association may be approved by written resolution in the following fashion: a. By its own motion, or upon a written petition signed by at least thirty percent (30 %) of the parcel owners, the Board of Directors shall cause a statement of the proposal to be delivered to all parcel owners. The statement shall set forth the proposed resolution and contain short statements from the proponents of the resolution and from the opponents of the action, if any, which fairly set forth the arguments in favor and against the proposal. b. The statement shall be accompanied by a ballot containing the proposal and shall state a period of time beginning at least ten (10) days and not more than twenty - one (21) days from delivery when the ballot will be returnable to the secretary of the Association or other location designed by the Board of Directors. A statement and ballot shall be either hand delivered to member's residence or mailed to each parcel owner at the address maintained on the records of the Association. Mail delivery shall be complete on mailing by first -class mail. d. A resolution will be deemed approved upon the receipt by the secretary of the Association, or any other duly appointed agent designated by the Board of Directors, within the designated time period of affirmative ballots signed by a majority of all parcel owners. If the action is one that requires a two - thirds majority of all parcel owners, or two- thirds of the members in attendance at a duly called meeting, the receipt of affirmative ballots signed by two- thirds of all parcel owners shall be required for approval. 4.8 Board of Directors. a. Purposes and Powers. The Board of Directors shall be composed of three (3) members, each of whom must be owners of parcels. On the majority vote of all parcel owners at a duly constituted meeting of the Association or by written resolution signed by a majority of all parcel owners, the number of directors constituting the Board of Directors may be expanded. No director may fulfill his or her duties by proxy or substitute. 12- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws b. Elections. At the first special meeting of the Association called for that and any other purpose, an election of the Board of Directors shall be held for the initial Board of Directors. The directors shall serve for a term of three years, with one elected one year, one elected the next, and one every third year. In other words, only one director shall be replaced annually in order to maintain some continuity. Each member of the Board of Directors shall hold office until his or her successor has been elected and hold his or her first meeting. C. Vacancies. In the event of vacancies on the Board of Directors resulting from any reason whatsoever, a special meeting of the Association shall be called pursuant to Section 4.6, paragraph c., for the purpose of electing a director to fill the remainder of the term vacated. d. Regular Meetings. A regular meeting of the Board of Directors shall be held immediately after the adjournment of each annual Association meeting. Regular meetings, other than the annual meeting, shall or may be held at regular intervals at such places and at such times as either the president or the Board of Directors may from time to time designate. e. Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the president or by at least two (2) members of the Board of Directors. By unanimous consent of the Board of Directors, special meetings may be held without call or notice at any tune or place. f. Quorum and Voting. A quorum for the transaction of business at any meeting of the Board of Directors shall consist of a majority of the Board of Directors. All action shall be approved upon the vote of a majority of those in attendance at the duly called meeting at which a quorum is in attendance. A member of the Board of Directors may be represented by a proxy, but only if the proxy is unanimously approved by all the other directors in attendance at the meeting. g. Compensation. Members of the Board of Directors, as such, shall not receive any stated salary or compensation. h. Waiver of Notice. Before or at any meeting of the Board of Directors, any member of the Board of Directors may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Board of Directors at any meeting of the Board of Directors shall be a waiver of notice by him or her of the time and place thereof. i. Adjournments. The Board of Directors may adjourn any meeting from day to day or for such other time as may be prudent or necessary, provided that no meeting may be adjourned for longer than thirty (30) days. 13- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws j. Fidelity Bonds. The Board of Directors may require that all officers and employees of the Board of Directors handling or responsible for funds must provide adequate fidelity bonds. The premium on such fidelity bonds shall be a common expense. k. Indemnification. Each member of the Board of Directors shall be indemnified and held harmless by the parcel owners against all costs, expenses and liabilities whatsoever, including without limitation, attorney's fees reasonably incurred by him or her in connection with any proceeding to which he may become involved by reason of his or her being or having been a member of the Board of Directors. Expenses incurred by reason of this indemnification shall be a common expense. 1. Written Resolution. Any action of the Board of Directors that could be approved at a meeting may be taken without a meeting if a consent in writing setting forth the action to be authorized, is signed by the members of the Board of Directors. 4.9 Officers. a. Designation and Election. The principal officers of the Board of Directors shall be a president, a vice - president, and a secretary- treasurer, all of who shall be selected by and from the Board of Directors at its first meeting following the annual meeting of the Association for a one -year term. The Board of Directors may appoint an assistant secretary- treasurer and such other officers as in its judgment may be necessary or desirable, but the same shall not be voting members unless elected as a member of the Board of Directors. b. Removal of Officers and Agents. All officers and agents shall be subject to removal, with or without cause, at any time by'the affirmative vote of the majority of the members of the Board of Directors. C. President. The president shall be the chief executive of the Board of Directors and shall exercise general supervision over the Association's property and affairs. The president may also function as managing agent. The president shall sign on behalf of the Association all contracts relating to the property and shall do and perform all acts and things that the Board of Directors may require of him or her. The president shall preside at all meetings of the Association and the Board of Directors. The president shall have all of the general powers and duties which are normally vested in the office of the president of a corporation, including but not limited to, the power to appoint committees from among the members from time to time as he or she may decide is appropriate to assist in the conduct of the townhouse project. The president shall be the agent for serving process in any action relating to the common easement pursuant to Idaho Code Section 55 -1512. 14- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws d. Vice President. The vice - president shall take the place of the president and .perform his or her duties whenever the president shall be absent or unable to act. If neither the president nor the vice - president is able to act, the Board of Directors shall appoint some other members thereof to do so on an interim basis. The vice - president shall also perform such other duties as shall from time to time be prescribed by the Board of Directors. e. Secretary- Treasurer. The secretary- treasurer shall keep the minutes of all meetings of the Board of Directors and of the Association, have charge of the books and papers as the Board of Directors may direct, shall in general, perform all the duties incident to the office of the secretary- treasurer and shall have the responsibility for the funds and securities of the Association and shall be responsible for keeping full and accurate accounts of all receipts and all disbursements in books belonging to the Board of Directors. The secretary- treasurer shall be responsible for the deposit of all monies and all other valuable effects in the name and to the credit of the Association in such depositories as may be from time to time designated by the Board of Directors. f. Compensation. No compensation shall be paid to the officers for their services as officers. No compensation shall be paid to an officer for services performed by him or her for the Board of Directors in any other capacity, unless a resolution authorizing such compensation shall have been unanimously adopted by the Board of Directors before the services are undertaken. 4.10 Administrative Rules and Regulations. The Board of Directors shall have the power to adopt and establish by resolution such management and operational rules as the Board of Directors may deem necessary for the maintenance, operation, management and control of the -property. Regulations governing the use of the project by the parcel owners shall be adopted only after due notice of the proposed regulations is given to all parcel owners, and such parcel owners are given an opportunity to present arguments for or against such proposed regulations: 4.11 Obligation to Comply Herewith. All parcel owners shall comply with all provisions of this Declaration, the bylaws and the administrative rules and regulations pertaining to the project and shall require such compliance from their respective children, tenants, guests, employees, and any other persons whom such respective owners invite upon the project. All agreements, decisions and detenninations lawfully made by the Association shall be deemed to be binding on all parcel owners and shall inure to their benefit. Each parcel owner, any group of parcel owners, or the Association shall have standing and authority unless otherwise provided, to enforce by a legal means, including suit for specific performance, injunctive relief or damages, the provisions of the Declaration and any duly adopted decisions or regulations 15- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws of the Association. ARTICLE 5 MANAGEMENT 5.1 General Management Project. a. Responsibility for Management. The Association shall have the responsibility for management of the project. b. Management in Accordance with Declaration, Etc. The Association shall be responsible for the control, operation and management of the project in accordance with the provisions of this Declaration and such administrative, management and operational rules and regulations as may. be adopted by the Association. C. Necessary Powers. The Association shall have the powers necessary for the administration of the project's affairs. d. Actions by Association. Without limiting the rights of any parcel owner, actions may be brought by the Association on behalf of two or more of the parcel owners with respect to any cause of action relating to the easement property appurtenant to one or more parcels, but all expenses incurred by the Association in so doing shall be addressed to the parcel owners for whose benefit the suit is being brought. Specific Duties of Association. The Association shall have the obligation to contract for the operation, repair and maintenance of the easement property and the exterior decoration, for necessary legal-and accounting services and to purchase materials and supplies therefor. The Association. shall make all expenditures authorized once such expenditures have been authorized in the annual budget. Upon ten (10) days notice to the Association and upon payment of a reasonable fee therefor, the Association shall furnish to any parcel owner a statement of his or her account setting forth the amount of any unpaid assessments or other charges due or owing from such parcel owner. The Association shall bill, collect, and receipt the collection of all monthly assessments and shall enforce the collection thereof. The Association shall have the affirmative obligation to enforce all provisions of this Declaration and shall retain the services of an attorney when necessary to do so. The Association shall record in the office of the Madison County Recorder all instruments affecting any parcel or the project. The Association shall see that all members are informed with respect to all regulations as may be adopted and promulgated by the Board of Directors or the Association from time to tune. The 16- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws Association shall have the authority and duty to designate and remove, when the Association deems removal appropriate, any property or item improperly remaining on the easement property and to contract for the snow removal, cleaning, maintenance and repair of the improvements on the easement property. 5.2 Accounting. a. Books and Accounts. The books and accounts of the Association shall be kept under the direction of the secretary- treasurer and in accordance with the reasonable standards of accounting procedures. b. Report. At the close of each accounting year, the books and records of the project shall be reviewed by a person or firm approved by the Association. Report of such review shall be prepared and submitted to the parcel owners at or before the annual meeting of the Association, provided, however, that a certified audit by a certified public accountant approved by the Association shall be made if the owners so vote. C. Inspection of Books. Financial reports, such as are required to be furnished, shall be available at the principal office of the Association for inspection at reasonable times by any parcel owner. 5.3 Mortgagee's Right to Management Information. Any mortgagee shall be entitled upon request to: a. inspect the books and records of the project at the office of the Association during normal business hours; b. receive an annual financial statement of the Association within ninety (90) days following the end of the fiscal year; and C. receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 5.4 Contracting of Administrative Duties. The Association may, at its option, enter into an agreement with any other homeowner's association or professional management entity for a period not exceeding three (3) years for performance of administrative duties of the Association. The Association may contract with such agents as appropriate for any of its required functions including the collection of assessments and all bookkeeping and accounting. 17- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws ARTICLE 6 COMMON EXPENSES 6.1 Parcel Owner Shall Pay. Each Parcel owner shall pay to the Association such parcel owner's allocated portion of the common expenses of the Association that shall include an annual budget for the expenses of the management, operating, repair and maintenance of all the easement property and exterior decoration. The assessment shall be equal for every parcel. 6.2 Annual Budget. The Association shall prepare an annual budget that shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year. The annual budget shall be the basis for the assessment for that next year. The annual budget may include among other things, insurance, common lighting, landscaping and care of grounds, repairs, renovations and painting of the easement property, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, the payment of any deficit remaining from a previous period and the creation of a contingency or other reserve or surplus fund, as determined by the Association. The Association's fiscal year shall be the calendar year. 6.3 Presented to Parcel Owners. A proposed annual budget shall be presented at a regularly constituted meeting of the Association to be scheduled at least one month before the commencement of the budgeted year. At such meeting, approval by sixty percent of all parcel owners present either in person or represented. by proxy, shall be necessary to ratify the annual budget for the following fiscal year. The budget for the prior year shall remain in effect until a new budget is approved. Failure to hold the annual budget meeting by the scheduled time shall not invalidate the budget process for the rest of the year. 6.4 How Assessed to Parcel Owners and Paid. All portions of the annual budget shall be assessed to the parcel owners in proportion to the parcels owned by each parcel owner. The assessment, as thus determined and pro rated to the parcel owners, shall be payable by such owners in twelve (12) equal installments with the first installment due on the first day of the budgeted year and each succeeding installment due at one month intervals thereafter or at such greater _interval as the Board of Directors may direct. The parcel owners shall pay the assessments when due without any deduction on account of any set -off or claim which the parcel owner may claim to have against the Association. 18 - Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws 6.5 Adjustment of Periodic Installments. The Association may at any time, up to the close of the budget year, decrease the amount previously fixed as the annual budget and decrease the periodic installments assessed against each parcel owner accordingly. 6.6 Interest and Costs of Collection. Each periodic installment of such assessments shall be assessed a late fee, if not paid within ten (10) days after it is due. All costs of collection of such assessments, including reasonable attorney's fees, costs of suit and costs of establishing a lien or foreclosure of the same, shall also become a debt of the parcel owner at the time such costs are incurred. 6.7 Lien Against Parcel. The amount of any such assessments or any other extraordinary assessments together with costs of collection shall be.secured by a lien upon the parcel assessed, from and after the time the Association causes to be recorded with the Madison County Recorder's Office a notice of assessment which shall state the amount of the annual assessment, the amount of any periodic installment and the due date thereof and all incurred or anticipated collection costs, a description of the parcel against which it has been assessed and the name of the recorded owner thereof. Such notice shall be signed by a duly authorized representative of the Association and may be filed at any time after delinquency in payment. If any assessment or installment is not paid within three (3) months of the due date, such lien may be foreclosed in like manner as a mortgage upon real property. 6.8 Capital Improvements. Following the execution of this Declaration, assessment to parcel owners for major maintenance items on the common area and easement property exceeding $10,000 in cost shall not be made without the approval of sixty -six and two- thirds percent (66 2/3 %) vote of the parcel owners at a duly called meeting of the Association. 6.9 No Abandonment. No parcel owner may exempt such parcel owner from liability for such parcel owner's contribution toward the expenses of the Association by waiver of the use or enjoyment of any of the easement properties or by the abandonment of such parcel owner's parcel. 6.10 Reserve Fund Upon Transfer. If any parcel owner transfers such owner's parcel to another, such owner's interest in all funds of the Association, including any reserve fund, shall be deemed to also have been transferred to the new parcel owner as an appurtenance to the transferred parcel. 19 - Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws 6.11 Grantee Liable. Subject to subparagraph 6.14 below, the grantee of a parcel shall be jointly and severally liable with the grantor for all unpaid assessments owned by the grantor at the time of the conveyance, but such liability shall be without prejudice to the grantee's rights to recover from the grantor the amounts paid by the grantee therefor. 6.12 Statement of Assessment. Upon payment of a reasonable fee and upon written request by any parcel owner, mortgagee., prospective mortgagee, or prospective purchaser of a parcel, the Association shall issue a written statement setting forth with respect to any parcel the amount of the _ unpaid assessments, if any, the amount of the current periodic assessment and the date that such assessment becomes or became due; credit for advanced payments or prepaid items, including, but not limited to, a parcel owner's share of prepaid insurance premiums, which statement shall be conclusive upon the Association in favor of persons who rely thereon in good faith except in the case of obvious error. Unless the request for such written statement shall be met within ten (10) days, all unpaid assessments which become due prior to the date of making of such request shall be subordinate to the lien, if any, lield by the person making the request. Any mortgagee may pay any amount shown as due on such statement, and upon such payment such mortgagee shall have a lien on such parcel for the amounts paid of the same rank as the lien of his or her encumbrance. 6.13 Assignment of Rents. If any parcel owner who is renting such owner's parcel to another shall default for a period of one month in the payment of any assessment, the Association may, at the Association's option, and for so long as such default shall continue, demand and receive from any tenant occupying the parcel, any.portion of the rent due or becoming due, and to the extent such rent is paid to the Association such tenant shall be discharged of liability to such parcel owner. 6.14 Mortgagee Protection. Notwithstanding all other provisions of this Article, the lien created under this Declaration upon any parcel shall be subject and subordinate to, and shall not affect the rights of the holder of the indebtedness secured by any recorded first mortgage and any purchase money mortgage created by the original purchaser of such parcel from Developer and current Owner made in good faith and for value, provided that after foreclosure and sale by any such first mortgagee, there may be a lien created to secure all assessments, whether regular or special, coning due after the date of such foreclosure sale. No amendment of this Declaration shall affect the rights of the holder of any such mortgage recorded prior to recordation of such amendment who does not join in the execution thereof. By subordination agreement executed by the Association, the benefits 20- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws of this paragraph may be extended to mortgagees not otherwise entitled thereto. Any mortgagee which comes into possession of the parcel pursuant to the remedies provided in the mortgage or by transfer in lieu of the foreclosure shall take the property free of any claims for unpaid assessments or charges the notice of lien for which was filed of record in the Madison County Recorder's Office subsequent to the date when such mortgage was filed of record in that office and shall take free of any claims for unpaid assessments or charges for which no notice of lien has been filed and which have accrued prior to the time when such holder comes into possession of such parcel. Assessments shall be deemed to accrue and become due periodically as assessed and not annually, and assessments becoming due subsequent to when the holder of such mortgage comes into possession of such parcel may be secured by the creation of a lien against such parcel as provided in Section 6.7 of this Declaration. ARTICLE 7 USE OF THE PROJECT 7.1 Parcel Owner's Obligation to Maintain and Repair. Each parcel owner at such owner's expense, shall keep such owner's parcel in good order, condition and repair and in a clean and sanitary condition, and shall do all repairs, redecorating and painting which may at any time be necessary to maintain the good appearance of such owner's parcel. Each parcel owner shall repair all damage or injury to such owner's parcel with a quality and kind equal to the original work. No parcel owner shall replace the exterior surfaces of the unit except with a material approved as to type, color and quality by the Association, comparable in quality and matching to the extent possible the existing appearance of the other units. 7.2 Taxation. Each parcel is subject to a separate assessment and taxation by each taxing authority. The property will not be taxed as a whole, but each parcel owner will pay all taxes assessed against such owner's parcel. 7.3 Single Family. Each of the parcels shall be occupied only by one family and guests, as a private residence and for no other purpose. No parcel may be divided or.subdivided into a smaller parcel. 7.4 Common Use. Subject to the limitations contained in this Declaration, each parcel owner shall have the nonexclusive right to use and enjoy the easement property for the purposes for which they are intended. 21- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws 7.5 No Nuisance. No use or practice shall be permitted which is a source of annoyance or which interferes with the peaceful possession and proper use of the property. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse, or garbage shall be allowed to accumulate nor any fire hazard to exist. All garbage placed outside is required to be contained in closed containers. Garbage can be placed curbside either the night before or morning of garbage pickup. No immoral, improper, offensive or unlawful use shall be made of any part of the property. 7.6 Use of Easement Property, Fence. A parcel owner may, upon approval of the design by the Association, as provided in paragraph 3.5 (e), enclose the easement property directly behind the building on the parcel with a fence not to exceed six (6) feet in height. The enclosed area shall then become limited area private to the parcel owner and maintained by the Association only if gates and access are readily available to the maintenance crews. If the fenced area is not accessible, the parcel owner will be responsible to maintaining that portion. Gates must be a minimum of four (4) feet wide. 7.7 Leasing of Parcels. The owners of the respective parcels shall have absolute right to lease the respective residential units. However, such lease is subject to the covenants and conditions of this Declaration and any rules and regulations made by the Association. Any breach of these covenants and conditions or of these rules and regulations shall constitute a default under the lease. An owner shall not lease only a portion of the unit, nor shall any lease be of a shorter term than three months. 7.8. Signs, Antennas and Satellite Dishes. No signs or advertisements shall be displayed on or from any parcel without the written approval of the Board of Directors. No large antennas or towers shall be mounted on the rear of the building or on the roof of any unit on any parcel 7.9 Joint Repairs. If a part of the exterior of a building on a parcel needs maintenance, repair or replacement and the Association reasonably determines that such work is most expeditiously done in connection with that similar repairs on an adjoining parcel, the Association may require the owner of the adjoining parcel to perform the repairs and if the adjoining owner fails or refuses to perform such repairs, the Association may perform it and assess the cost thereof to the adjoining parcel owner which assessment shall be alien upon the adjoining owner's parcel and subject to the same collection rights in the Association as liens for 22 - Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws assessments. 7.10 Joint Sewer and Water Connections. When two parcels share a common sewer or water lateral into the street, the two common parcel owners share the responsibility for its maintenance. If the line should be plugged, require replacement, or any hazard the two owners will mutually share the cost of maintenance. 7.11 Animals and Parcel Owner Pets. The parcel owners are permitted to have pets and small animals. The animals must be kept on or in the owner's own parcel. The animal may not cause noise or nuisance for the other parcel owners. If the animal becomes a nuisance, is permitted to roam freely, or - causes bothersome noise, the parcel owner will be issued one warning letter and then will not be permitted to keep the animal on the premise. 7.12 Fencing of the Individual Parcels. All fencing must meet the zoning ordinances and building codes of the City of Rexburg, Madison County, and the State of Idaho. The individual parcel owners may only place white vinyl fencing or white powdered - coated metal on any side of their property that adjoins another association member. No fence shall exceed.six (6) feet in height. Each gate must be a minimum of four (4) feet wide. All fencing must have written approval of the Board of Directors before construction. Existing non - conforming fences may be repaired, but any replacement must conform to the covenants. Chain link dog -runs or wire pens are prohibited unless contained in a fully enclosed fenced yard. The enclosed fencing must be equal to or higher than the dog run or wire pen. 7.13 Withdrawal from Lawn Maintenance and Snow Removal. Individual parcel owners may withdraw from the lawn maintenance and snow removal portion of the Association. They may mow their own lawns and remove their own snow and not pay into the Association for such maintenance. To withdraw, a parcel owner must submit a written waiver to any officer before September 30' of the next year in which such parcel owner will withdraw. Any parcel owner who has not submitted a written withdrawal by September 30' is required to pay the lawn maintenance and snow removal fees for that next year. The property must be. mowed weekly, weeds controlled and fertilized three (3) times a year with proper watering. The property must be kept clean and neat appearance or the other parcel owners may have the property included in the landscape maintenance contract and assess fees equal to all other parcels. 23- Declaration of OCR's for The Legacy Townhomes of Rexburg with Bylaws ARTICLE 8 AMENDMENT 8.1 Amendments. This Declaration may be amended by the Developer and Current Owner at any time while Developer and Current Owner has any ownership interest in any parcel, including without limitation any common area or easement property. This Declaration may also be amended upon two- thirds (2/3) vote of the parcel owners in attendance at a duly called and constituted special meeting of the Association or by written resolution signed by two - thirds of all parcel owners. Any amendment shall be recorded in the Madison County Recorder's Office, State of Idaho. If the amendment has been adopted at a special meeting of the Association, then it shall be accompanied by a certificate of the Secretary of the Association certifying the manner of the adoption of said amendment. Also, a copy of said amendment shall be sent to each parcel owner. Thereafter the amendment shall be binding upon each parcel owner, whether the burdens thereof are increased or decreased thereby or whether the owner of a particular parcel consented thereto. Provided, however, unless the mortgagees and all owners of the parcel have given their prior written approval, no amendment shall be made which changes the pro rata interest or obligation of any parcel for purposes of levying assessment and charges for the Association expenses or changing the manner in which taxes are assessed against the parcels. ARTICLE 9 CONSTRUCTION 9.1 Severability. In the event that a phrase, sentence, clause, paragraph or article contained in this Declaration should be invalid or should operate to render this Declaration or any of its provisions invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph or article had not been inserted., 9.2 Gender and Number. The singular, wherever used in this Declaration, shall be construed to mean the plural, and the masculine, wherever -used in this Declaration, shall be construed to mean the feminine, when applicable and as required by the context, and all necessary grammatical changes required to make the provisions of this Declaration to fully apply either to corporations or individuals, or to men or women, shall in all cases be assumed as though in each case fully expressed. 24- Declaration of CCR's for The Legacy Townhomes of Rexburg with Bylaws N q' f N PRELIMINARY PLAT OF RIVER WOODS TOWNHOMES 0400397 A PLANNED UNIT DEVELOPMENT River Woods Townhomes ALL OF LOTS 5 AND 6, BLOCK 2 WESTATES SUBDIVISION NO 1 R.O.W. PART OF THE SE1 /4 OF - SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 E.B.M. MADISON COUNTY, IDAHO -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -� - -- - TREJO STREET 68' -- f - OW 43' 181 7 ' - Radius 834 x . +Z"'� - _ - TILITY EASEMENT 10 - - - J 1 LOT5- BLOCK2 8� °44'49" E 300.00' I S 89 44'06 E 119.66' LOT 6 - BLOCK 2 LANDSCA - - _ 2 _ 1 - - -_ WESTATES SUBDIVISION NO.1__D_91_ACRES - -_ -_ - -- - -. -. - - - -- -- -. - - -- - -1 WESTATES SUBDIVISION - - COMMON - -, - SETBACK LINE �� _ 22 1 22 ------ - - - -- - UBDIVISION NO 1 094 AE - - N 89 4405" W 159.58, I N � 89 °44'05" W 159.58, N 89_`44'05" - W � Q1.83' �- N RQ °e}d'nF" w� 1n�'.83' , . -- 22.04 19.92 19.92 19.92 20.04 20.04 19.92 19.92 19.92 19.92 19.92 i9.92 20.64 " 20.04 19.92 19.92 19.92 19.92 19.92 19.92 20.04 20{74 - - 19.92 19.92 19.92 2 100 1 i i i i i i i i i i i i i i i i i i o a i i i I j j O LOT I LOT I LOT I LOT I LOT b o LOT ! LOT I LOT I LOT I LOT I LOT ! LOT I LOT M LOT I LOT I LOT I LOT I LOT I LOT I LOT I LOT u? u? LOT 1 LOT I LOT I LOT ! LOT o 1 (, 5A i 5B i 5C i 5D i 5E M 5F I 5G I 5H I 51 I 5J I 5K I 5L I 51M a u ' 6A i 6B I 6C I 6D I 6E I 6F i 6G I 6H � LO 6 6M 61 I 6J I 6K I L I u ' U I I I I 1 I I I I I I w W 1 I I I I I 1 w w I I I ! I N Lu i ? 1179 io 1066 ib 1066 ib 1066 io 1179 w w 1179 ib 1066 ib 1066 ib 1066 ib 1066 ib 1066 i00 1066 iS 1179 1179 io 1066 ib 1066 ib 1066 io 1066 i0 1066 io 1066 io 1179 1179 l0 1066 io 1066 ian 1066 Io 1179 I I n 1 > u> n n n n I� I� P 1� 1� I' I� In I� I� n n Io I� I2 1� I 1 > i SQFT I� S OFT I� SQFT I SOFT I- S OFT SOFT ! SOFT I� SOFT !� SOFT !� SOFT ! SOFT ! SOFT ! SOFT SQFT .� SOFT .� SOFT SOFT .� SQFI" SQFT ci SQFT m SQFT TI in SQFT ri SQFT <•i SOFT SOFT ri SOFT T. 1 i I� i n i n .1 1� n I n I,n I� I n Ian IM IU) hn I n ILO Ian IL lU) Ian In LO I� I� i I n I o c') w U 7EZ:- t- = - .^�i 1 - � 5 -3 `OW�I F:2 S Z' - :'�". -� T ". ___j 7 -' � _= 1_� UN rMNHOPi1E.SZ �- � - col io - - � T 51f••fTFF . rte- - . � ° i I ; -ZI Z I I I ! ! ! ! -Z! !Z ! ! ! ! ! 1 3 iY i i i i i Zi IZ; n { a 22.04 19.9 19.92 19.9 20.Oa I 20.04 19.92 19.92 19.92 19.92 19.92 19.92 20.04 20.04 19:92 19.92 19.92 19.92 19.92 19.92 20.04 20.04 19.92 ' : 19.92 19.92 22.04 �i 1 -1- 1 -1- --1 1- _ 1 1--- -1 -1- 1 1 -1 . 1- 1 -1- l -1- l -- 1 -1 1- --1- l -l- 1 j o li FI 89° 4'05" Y✓ 101.83' N 89 °4x'05" W 1 E9.58, , �,�! V 89 °4'05" kV 159.53, N 89'44'05"'V 10'.83' I III 24' PRIVATE DRIVE COMMON 10' TYP. 9 24' 1 I SIDEWALIK COMMON 1111� - 1 GUEST PA4KING AREA MAINTENANCE STORAGE 1 j PARK AREA CO ON PARK AREA - BUILDING 8 X 1 PARKING - - - -- COMMON_ - - - -- COMMON - - -- ' -- - - -- - - - - - -- ------ - - - - -- -- ----------- - - - - -- - - - - -- _ SETBACK LINE) 20 SN STO GE j SN TO GE 1 I-- - - - -- - - - - - -- -- - -- W - .. SN W STORAG LAND SOAPING (GREEN SPACE) -- - - - -� - - - - - - - UTILITY EASEMENT 10'- I S 89 °47'52" E299.99' I S 89 °47'52" E 299.99 AREA SQUARE FOOTAGE PRIVATE ROAD LEGEND PARKING 13,023 - SANITARY SEWER GREEN SPACE BOUNDARY DESCRIPTION -- -- - WATER LINES ALL OF LOTS 5 AND 6, BLOCK 2 WESTATES SUBDIVISION NO 1 - ......... PROPOSED WATER LINE ARCHITECTURAL MATERI PLAT BOUNDARY STUCCO, ROCK AND SIDING - --- --- --- - -- PROPERTY LINE -- •-- • - -- -- - -•- INDIVIDUAL LOTS STATEMENT OF INTENDED USE: CENTER LINE THIS PROPERTY IS CURRENTLY ZONED (HDR) HIGH DENSITY ZONING SETBACKS RESIDENTIAL. THE INTENDED USE OF THIS PROPERTY IS = - STORM SEWER LINE RESIDENTIAL HOUSING CONFORMING TO THE RULES AND WATER LINE REGULATIONS SET FORTH IN THE ZONING ORDINANCE OF THE SANITARY SEWER LINE CITY OF REXBURG, IDAHO (ORDINANCE NO. 725) CHAPTER 3.7, HIGH DENSITY RESIDENTIAL. GAS LINE UNDER GROUND ELECTRICITY PLANNING AND ZONING APPROVAL Q FOUND 5/8" IRON ROD WITH PLASTIC PRESENTED TO THE MADISON COUNTY PLANNING AND CAP STAMPED ROLAND 9369 ZONING COMMISION ON THE FOLLOWING DATE AT O FOUND 1/2" IRON ROD WITH PLASTIC WHICH TIME THIS PRELIMINARY PLAT WAS APPROVED AND ACCEPTED. CAP STAMPED ROLAND 9369 • SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED PLS 10781 Forsgren Associates / P.A. and shall not be CHAIRMAN, PLANNING AND ZONING DATE • SET 1/2" IRON ROD WITH PLASTIC copied without the written authorization of CAP STAMPED PLS 10781 Forsgren Associates I P.A. DRAWN 10/24/04 CHECKED 10/24/04 AREA SQUARE FOOTAGE PRIVATE ROAD 16,900 PARKING 13,023 BUILDINGS 26,737' GREEN SPACE 17,660 TOTAL 76,320', PARKING STALLS VISITOR 12 RESIDENT 52 DISABLED 2 TOTAL 66 DATE 0 AfiE JENKS BROTHERS FORSGREN NO. I REVISIONS BY I DATE - Thisdocumentoranypart thereofindetailor SURVEYED CONSTUCTION & REMODELING = ASSOCIATE IN design concept Is the personal property of DA OJ C NGIN F ran P piedw it pout the autdsha o CHECKED 502 LEGACY LANE, REXBURG, IDAHO 83440 - REX NORTH 2ND EAST cop ied whout the wtten auttif = REXBURG, IDAHO 83440 Forsgren Associates / P.A. DATE PROJECT MANAGER 0 20 40 SCALE IN FEET VICINITY MAP RIVER WOODS TOWNHOMES PRELIMINARY PLAT i PROJECT NO. 01 -04 -03 SHEET NO. 1 10' GUEST PARKING STALLS II p LOT I LUI j LUI I LUI ( LUI u' U LUI I LU1 i LUI i LU1 i LUI i LUI i LUI i LUI Lo U) I LUI I I wr wr wr wr i r_.. i wr - i a_v i wr w► 1 wr U 5A I I I ! co M I_ 5G _ 5H _ 51 5J _ 5K _ 5L 5M W W 6A ! 6B ! 6C ! 6D ! 6E ! 6F ! 6G ! 6H ! 61 ! 6J ! 6K !0 6L ! 6M LID 5B 5C 5D 5E U) 5F k W W I' W j to to j0 10 W W 10 10 (o to to to to I ; to Io to to to to Ic) _ �,+ _ to to ILn to I I I > 1 I� I� ILO I� _ - I� IU-) IU? l ac? lU? I`r? I`n U') (f � LID IU? Iu? IL ILO IL IU I� in LO I� I`? Icri I`? ! (h M M M V) to M � co C'7 t'7 M - - � (y) C'i M M M ! M C'7 tf) U) I I I� Icn IIn 1 1u7 47 `o 1 Lo I,n I'.n Icn 1`n I L o 'n i0 1`n I I Icn I UNIT 2 I UNIT 3 1 1 UNIT 1 I� I� �n i I IT— 4 != I - t �n cr, _ cn cn U ! W 0' I ° I I 8 TOWNHOMES ! I I ! N 8 TOWNHOMES I �fOWNHO ES o I! $ TOWNHOMES _ o ° ° LO I 1 � � ' I 1 ( I I O Z I I I I I I Z I Z ( 1 1 f, 1 i I I i l i I I a� I I 20'04 19'92 19 19,92 191,92 19!92 19 92 20~04 1 20;04 19;92 19 19;92 19 92 ;92 19;9 1992 2 , 20~04 20.;04 19.192 19.' 19 .;92 22.04 22.04 10.92 10.92 10.92 20.04 1 ,� 1 - ,. : _ N 89 0 44'05" W 101.83' _ _ ___._ . ° ' � �� N 89 W 101.83 N 89 W 159.58, jt�,, I N 89 44 05 W 159.58, I I PHASE 1 - I 10' TYP. 2 PHASE 1 4' 2 4 PRIVATE DRIVE COMMON 9 (VISITOR STALLS UNIT 8 UNIT 5 1 TOW HOME I UNIT 7 WOS • - -• - -• N •--.----- .-- •— ._.-------- •-- • - -• - -. -- -. .— L.— L.- -.._ —• — - -.— . - -• -- - -• -- —. — — OM '.__,_,— ,�� - —.— ._. - -• ' • -- —.A. -- -- •-- •-- •-- •-- •- -• - -•— -- — — . —� 1 TOWNHOME — -- T WNH ES 2 TONHME 2 O I - -- • .elf tip 1�i co - - N 89 W 107.00' N 8 44 __. _ — VV 55.00 _ EWALK C-0-MI-ON _l - �`� - - -- -� � �' GUEST PA KIN AR � - -- N- . _N 89 �' N 53.50' !! � - f PHASE 2 �i 53.50' I `" �' L1 N PARK AREA - CO ON � PARK AREA ! LU I I 0 j � � W ! ti I - -�' ! LOT ° LOT M ' LOT I OT _ co MM O N COMMON LOT I I LOT N - _ N 1 PHASE 2 _ _ i 5N N 50 '� � P 1 1 �,�-� � 6N 1 -��, ! 60 I 6P Lo o 53.50' 53.50' o SN STO GE 1 SNC}W STO E © _ o ° 53.50' 53.50' OW ST _ GE O o r - n r O O __ _' O 1 , - O ► - O 0 o r n 0 SN W STORAG cn - S 89 0 44 ' 05 " E 55 6 S 89 E 55.00 x z. c� _ S_89 44 057 EJ07-0,0 - _ .o V S 89 4405 E 107.00 (j� � -. - -- _ - - • - -•.. . - -. —. - -. —.--•---•--•--•--•-- •-- •-- .-- .-- •-- •-- • ./y • - -• - -• — .— .Rs -a.s •— -. —.. - arYr. iii .f— 7 - ". . .i - - .Lam' .—` - -...x —Y /n �-- • -- • -- •-- .— .-- .— �.— ...— . .rte.— r.•-t .-- .. -- . -- —�.— - -•— ) F SETBACK. LINE PARKING STALLS UNDER 10' GUEST PARKING STALLS BOUNDARY DESCRIPTION ALL OF LOTS 5 AND 6, BLOCK 2 WESTATES SUBDIVISION NO 1 SURVEYOR'S CERTIFICATE I, Ty G. Briggs, a Registered Professional Land Surveyor in the State of Idaho, do hereby certify that the tract of land shown hereon was surveyed under my supervision and staked as shown. \a. LA'�O s 10781 0 Ty G. Briggs License no 10781 Date Tf0E Op GC,) G. BRAG PLANNING AND ZONING APPROVAL PRESENTED TO THE MADISON COUNTY PLANNING AND ZONING COMMISION ON THE FOLLOWING DATE AT WHICH TIME THIS PRELIMINARY PLAT WAS APPROVED AND ACCEPTED. CHAIRMAN, PLANNING AND ZONING DATE Forsgren Associates / P.A. and shall not be copied without the written authorization of Forsgren Associates / P.A. DRAWN 10/24/04 CHECKED 10/24/04 NO. I REVISIONS BY I DATE This document or any part thereof in detail or SURVEYED design concept is the personal property of DATE PROJECT ENGINEER Forsgren Associates / P.A. and shall not be copied without the written authorization of CHECKED Forsgren Associates / P.A. DATE PROJECT MANAGER RICKS COLLEGE -INST. NO. 125845 ZONED LIGHT INDUSTRIAL LEGEND -- •-- •- -• - -•— PLAT BOUNDARY --- -- -- - --- PROPERTY LINE -- -- -- -- -- — INDIVIDUAL LOTS - - CENTER LINE - ZONING SETBACKS STORM SEWER LINE WATER LINE SANITARY SEWER LINE GAS LINE UNDER GROUND ELECTRICITY 0 FOUND 5/8" IRON ROD WITH PLASTIC CAP STAMPED ROLAND 9369 O FOUND 1/2" IRON ROD WITH PLASTIC CAP STAMPED ROLAND 9369 • SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED PLS 10781 • SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED PLS 10781 JENKS BROTHERS PHASE 1 AREA SQUARE FOOTAGE PRIVATE ROAD 16,900 PARKING 10,500 BUILDINGS 8,200 GREEN SPACE 14,000 TOTAL 49,600 PHASE 2 AREA SQUARE FOOTAGE PRIVATE ROAD 10 PARKING 5,600 BUILDINGS 3,600 GREEN SPACE 11,200 TOTAL 20,400 = — FORS G REN ASSOCIATES, INC. 350 NORTH 2ND EAST REXBURG, IDAHO 83440 CARPORT 0 20 40 SCALE IN FEET PARKING STALLS VISITOR 10 RESIDENT 64 DISABLED 2 TOTAL j 76 VICINITY MAP U S. 1 -11 41W p MUD 1 AKF Y 33 t. ! ( WE - ,T hnaI I I f� if I j TRIF _l () STREET I i i f W 1 I i ! 0 )lM ° ( I� ! J l i , 1 F _iMIT°, PROJECT LOCATION RIVER WOODS TOWNHOMES PRELIMINARY PLAT PROJECT NO. 01 -04 -03 SHEET NO. 1