Loading...
HomeMy WebLinkAboutAPPLICATION - 17-00141 - Approx 630 S Yellowstone Hwy - Cantamere PUD PrelmMasterPlan/PrelimPlatPlanned Unit Development (PUD) Application of 44Xenq� crrr or Pop 1 (� City of Rexburg n TG CAV��<YnsrG 1'op Qrel'Iwl NAas�cr, &� 1 ` 1� /�06 35 North 1•f East Pfti;0. Pia+ Phone: 208.359.3020 Arnerien's family Community Rexburg, ID 83440 www.rexburg.org Fax: 208.359.302 A pre -application conference with staff is required prior to the so of this app The attached PUD plan has been prepared in accordance with the Subdivision nd D k4ljogs 26�l a Ci Rexburg, and the following items are shown on the plan or plans, or explanati ns gi en with respect thereto. ®Submit eighteen (18) copies of application vlll OF ❑ Submit five (5) copies of 24" x 36" foldable, drawn to scale plans, North arrow, dated ❑ Submit eighteen (18) copies of 11" x 17" drawn to scale plans Required Original Zoning Density: RIM v^AS I 4012 I No Irtcre4%- 'i - CQcus, Desired Density after Point Calculation: 30 uv%. s acvt NC9I "C'-w"A Ivr Frb jC4. Please attach a spreadsheet identifying Density Bonus Calculations, as per Section 4.15 in the Rexburg Development Code. The following shall be shown on the PUD or shall be submitted separately: 1. The name of the proposed subdivision: CQN�Cttl�8 2. The location 026 S g46056.4- Acreage 615' 3.356: -Number of Lots o13 Iksiv�-L a GvKV K A- 3. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Subdivider r� Name: iva., l tallol4Ss 17awes 4Alilas(Address: ass 3A WW / 1355 G Phone Number: 90 24 d 814141- Cell Number: aoe 44A fYX 19og 35I 3g61 E -Mail: krMCCAm(aK Q arrne.:l . (Ap. Engineer [ n Name: A%woo, wewwo - rrorsgrr,� Address: 3sn N e1", (=ye.`F6✓rj Phone Number: ;Qt 3gp & .;Ql Cell Number: 962 3S1 32011 E -Mail: asv+av %VIr- @dors teV— Surveyor r nn Name: �rr��# Kowe- ' Von5yeN-- Address: 35a N 1"' G' Pv burn Phone Number: _bit Me Clio( Cell Number: 41 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 PUD subdivision (please attach). 6. A statement of the intended use of the proposed PUD 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. 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. All applications that are complete will be processed with due diligence and will be scheduled, dependent upon availability, for an upcoming agenda. of Applicant a4PO17- Date In addition to City of Rexburg fees, the County Surveyor Review fee will be calculated by the Madison County Planning & Zoning office. Madison County will send the bill directly to the applicant when the County Surveyor Review has been completed. ITEMS FOR CONSIDERATION 1. Probable 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 in. 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. Probable adverse environmental effects which cannot be avoided a. Traffic Use b. Rights-of-way required c. Pollution effect on existing environment 3. 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 minimize 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? Thank you. Adjacent Property Owners Report generated: Madison County Parcel Report 3/23/2017 12:46:07 PM Parcel Number: RPRPNRV0010021 Primary Owner: MIELKE MICHAEL A TRUSTEE Secondary Owner: MAM REVOCABLE TRUST Site Address: Mailing Address: 3900 S LOOP RD 117S41:6Yil] i! Acreage: 0.855 GIS Square Feet: 37,078 GIS Acres: 0.851 Total Value: $42,750 Year Inspected: 2009 Last Year Taxes: $731.80 Current Taxes: $713.48 Legal Description: PIONEER VILLAGE BLOCK 1 LOT 2 LESS T-1225 25 -06N -39E SW4SE4 37078 SF, .851 AC, 200' FRTG. Deed Number: 369778 404469 8313 WY 83001 Category TCA 21 1000 Description Commercial Lot or Acreage Acreage Value 0.855 $42,830 Total Value: $42,750 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated: Madison County Parcel Report 3/23/2017 12:46:32 PM Parcel Number: RPRPNRV0010011 Primary Owner: SANDERSON MARK D Secondary Owner: SANDERSON SHARON Site Address: 557 Mariah Ave Rexburg 83440 Mailing Address: 672 N 1100 E JACKSON ID 83350 Acreage: 2.375 GIS Square Feet: 103,416 GIS Acres: 2.374 Total Value: $1,278,750 Year Inspected: 2009 Last Year Taxes: $27,462.52 Current Taxes: $21,427.36 Category Legal Description: 42 PIONEER VILLAGE TAX -1225 BLOCK 1 LOT 1 AND A PORTION OF 21 BLOCK 1 LOT 2 PPP02379-HAIR ACADEMY 25 -06N -39E SW4SE4 Deed Number: 401669 8313 TCA Description Acreage Value 1000 Improvements on Land 0.000 $1,608,000 Category 21 1000 Commercial Lot or Acreage 2.375 $213,750 Total Value: $1,278,750 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Q,p�g�2 F/ Report duN.`. Parcel Number: RPRXBCA0259190 Primary Owner: BETTENHAUSEN IDAHO LLC Secondary Owner: Site Address: 580 S Yellowstone Hwy Rexburg 83440 Mailing Address: 5 LAKEWOOD DR COLUMBUS NE 68601 Acreage: 2.2 GIS Square Feet: 95,001 GIS Acres: 2.181 Total Value: $154,760 Year Inspected: 2014 Last Year Taxes: $2,669.18 Current Taxes: $2,603.12 Legal Description: REXBURG CITY ACREAGE TAX 308 Deed Number: 269035 303561 378892 Report generated: 3/23/2017 12:46:55 PM Category TCA Description Acreage 42 1000 Improvements on Land 0.000 Category 21 21 1000 Commercial Lot or Acreage 2.200 Value $77,760 $77,000 Total Value: $154,760 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0 Madison County Parcel Report Parcel Number: RPRXBCA0259140 Primary Owner: SUTHERLAND HARRY L & CARMA Secondary Owner: SUTHERLAND HARRY L TRUSTEE Site Address: 550 S Yellowstone Hwy Rexburg 83440 Mailing Address: 548 GEMINI DR REXBURG ID 83440 Acreage: 0.6 GIS Square Feet: 27,455 GIS Acres: 0.630 Total Value: $158,870 Year Inspected: 2014 Last Year Taxes: $2,764.44 Current Taxes: $2,696.60 Legal Description: REXBURG CITY ACREAGE TAX 229 Deed Number: 175357 364717 380319 Report generated: 3/23/2017 12:47:16 PM Category TCA Description 42 1000 Improvements on Land Category 21 21 1000 Commercial Lot or Acreage Acreage Value 0.000 $134,870 0.600 $24,000 Total Value: $158,870 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0 Madison County Parcel Report Parcel Number: RPRXBCA0259134 Primary Owner: BROWN ALBERT E Secondary Owner: BROWN MARIE A Site Address: 546 S Yellowstone Hwy Rexburg 83440 Mailing Address: 931 W POLELINE RD REXBURG ID 83440 Acreage: 0.7 GIS Square Feet: 28,533 GIS Acres: 0.655 Total Value: $102,370 Year Inspected: 2014 Last Year Taxes: $1,774.06 Current Taxes: $1,730.34 Legal Description: REXBURG CITY ACREAGE TAX 230 Deed Number: 142246 242826 249571 323841 334850 364717 349953 Report generated: 3/23/2017 12:47:36 PM Category TCA Description Acreage 42 1000 Improvements on Land 0.000 Category 21 21 1000 Commercial Lot or Acreage 0.700 Value $60,370 $42,000 Total Value: $102,370 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0 Madison County Parcel Report Parcel Number: RPRXBCA0259392 Primary Owner: LOVELAND BLAKE 7 Secondary Owner: LOVELAND MITCHELL R Site Address: 671 S Yellowstone Hwy Rexburg 83440 Mailing Address: P.O. BOX 215 i BOX 215 REXBURG ID 83440 Acreage: 6.3 GIS Square Feet: 277,682 GIS Acres: 6.375 Total Value: $891,460 Year Inspected: 2011 Last Year Taxes: $11,023.68 Current Taxes: $10,749.90 Report generated: 3/23/2017 12:43:41 PM Category Legal Description: 42 REXBURG CITY ACREAGE TAX 187 21 Deed Number: 162999 275979 356695 TCA Description Acreage Value 1000 Improvements on Land 0.000 $420,300 Category 21 1000 Commercial Lot or Acreage 6.300 $220,500 Total Value: $891,460 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 'a1�nq g � en i EB i` H1 EB I® E8 fff C Category Legal Description: 42 REXBURG CITY ACREAGE TAX 187 21 Deed Number: 162999 275979 356695 TCA Description Acreage Value 1000 Improvements on Land 0.000 $420,300 Category 21 1000 Commercial Lot or Acreage 6.300 $220,500 Total Value: $891,460 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0 Madison County Parcel Report Parcel Number: RPRXBCA0259251 Primary Owner: STONES TOWN & COUNTRY Secondary Owner: Site Address: Mailing Address: POBOX215 REXBURG Acreage: 1.524 GIS Square Feet: 66,402 GIS Acres: 1.524 Total Value: $114,300 Year Inspected: 2014 Last Year Taxes: $1,952.92 Current Taxes: $1,904.08 Legal Description: REXBURG CITY ACREAGE TAX 195,605; LESS TAX 202 Deed Number: 152331 252965 317922 386527 ID 83440 Report generated: 3/23/2017 12:44:16 PM Category TCA 21 1000 Description Acreage Value Commercial Lot or Acreage 1.524 $114,300 Total Value: $114,300 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. a Madison County Parcel Report Parcel Number: RPRPNRV100CMMN Primary Owner: PIONEER VILLAGE MALL LLC Secondary Owner: 1.479 Site Address: 669 Pioneer Rd Rexburg 83440 Mailing Address: PO BOX 3236 BOX 3236 IDAHO FALLS ID 83403 Acreage: 1.482 GIS Square Feet: 64,417 GIS Acres: 1.479 Total Value: $50,000 Year Inspected: 2010 Last Year Taxes: $748.18 Current Taxes: $729.44 Legal Description: PIONEER VILLAGE FIRST AMENDED COMMON AREA 25 -06N -39E SW4SE4 ILLEGAL PLAT 64417 SF, 1.479 AC, 545' FRTG. Deed Number: 362524 368053 357434 Report generated: 3/23/2017 12:44:40 PM Category TCA 21 1000 Description Acreage Commercial Lot or Acreage 1.482 Total Value: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Value $43,790 $50,000 Report generated: Madison County Parcel Report 3/23/2017 12:45:08 PM Parcel Number: RPRXBCA0360603 Primary Owner: COOK KARL THURMAN Secondary Owner: COOK MOLLY MURDOCH Site Address: 703 W 7th S Rexburg 83440 Mailing Address: 703 W 7TH S REXBURG ID 83440 Acreage: 2.1 GIS Square Feet: 92,859 GIS Acres: 2.132 Total Value: $201,769 Bedrooms: 4 Bathrooms: 3.00 Square Feet: 3,556 Year Built: 1960 Year Inspected: 2016 Last Year Taxes: $1,866.00 Current Taxes: $1,882.54 Villriile I'I<•za Total Value: $201,769 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Category TCA Description Acreage Value Legal Description: 20 1000 Residential Lot or Acreage 2.130 $16,309 REXBURG CITY ACREAGE 20 1014 Residential Lot or Acreage 0.000 $13,211 TAX 47 30 1000 Improvements on Land 0.000 $16,721 Category 20 30 1014 Improvements on Land 0.000 $0 Category 20 Deed Number: 41 1000 Improvements on Land 0.000 $140,545 Category 20 272648 41 1014 Improvements on Land 0.000 $7,482 272649 Category 20 277170 280401 287023 Total Value: $201,769 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. LEGAL DESCRIPTION SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REBAR WITH BRASS CAP FOUND MARKING THE SOUTH 'A CORNER OF SAID SECTION 25; THENCE NORTH 89046'34" EAST, A DISTANCE OF 1,320.02 FEET ALONG THE SOUTH LINE OF SAID SECTION 25 TO A POINT; THENCE NORTH 0001613" WEST, A DISTANCE OF 37.87 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET STAMPED "FORSGREN PLS 13856", MARKING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°16'13" WEST, A DISTANCE OF 726.95 FEET TO A REBAR WITH A PLASTIC CAP FOUND; THENCE NORTH 89043'47" EAST, A DISTANCE OF 308.07 FEET TO A REBAR WITH PLASTIC CAPFOUND; THENCE SOUTH 04004'57" WEST, A DISTANCE OF 95.14 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET STAMPED "FORSGREN PLS 13856"; THENCE SOUTH 89057'49" EAST, A DISTANCE OF 69.94 FEET TO A REBAR WITH NO CAP FOUND ON THE WEST RIGHT-OF-WAY OF THE EASTERN IDAHO RAILROAD; THENCE SOUTH 30008'27" WEST, A DISTANCE OF 732.49 FEET ALONG SAID WEST RIGHT- OF-WAY OF THE EASTERN IDAHO RAILROAD TO THE POINT OF BEGINNING. CONTAINING 3.35 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY FORSGREN ASSOCIATES, UNDER THE DIRECT SUPERVISION OF JEFFREY M. ROWE, PLS 13856 IN FEBRUARY, 2016, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Statement of Intended Use Cantemere LLC proposes a Planned Unit Development for the construction of 4 plex buildings on individual lots. In addition, a Home Owner's Association will be established to maintain parking lots, landscaping, and provide for exterior maintenance and standards keeping. This uses will be multi -family residential. Due to the natural configuration of the property, the triangular nature created by the Railroad tracks to the east, there are areas not commensurate to the placement of structures, these spaces will be utilized for parks, outdoor seating or gathering, and the general use of the owners and tenants. This PUD is located with walking distance of simple grocery shopping, churches, schools, and other residential neighborhoods. o0 ILS • ----_.__ �■ I..��`. ■ X � o a S2ntlE 3PPZS m P4zs E;S mwoes M000ES mDDDES mwoe S M0008S 'I m000t MOOO2N E � n O �R Q A GAve d 4145 340ro5 aey 4x110 �y� C -AV 4.4,41 3 p 3N55 &'Y'4aedv 3 my ."K, m ^ v cn N m BAv.Bo�s 10 Pm,,.U:fvAS 9 3 0 v a 60 o o � N u# bo o b W O N N I� N ? $ m41Z.lS c AA MLS MWZIS MOOOZ N3 y 0 µ $ p awxlm PauyAi Q n v. � i 'n l°J © antl+is@avJ n Ye/ CBSPC14, y 0 i /o ' Pa I&LBIa kn 1 Bdl n"'sro� 101...0 1 n ��ka/qfi N as aAtl4e11eW Al olod g ti�.s x n O SKI ®n6eBn5 rbm MF 0. 3 �� M OOOIS MOOM S mass t9 \ M96S M41SN c 3 N Y _ -M'41FN s i F a ; MDAEN f N S OOIpOrm, Dlvd P119 AP1,1110 MPUZS M P\2 M P129 \ 4 \ N 0 vNo mots M1sis muLN CL o _A Nj' 0 © NO /aAitagA 9 n cl2llia'j9 ; J y 1$IBWB 0S 6talue; J 4B Dt xO4aomlaaM v 2 � � ~ .c K -.� anb a6apD0 00 0 PN 'o-I AINa n m ¢ 0 N \\ 35siS®315LN g' o 0 N @ f 5 3© �. anbllauM X � o a S2ntlE 3PPZS m P4zs S$ a\y PleueN m m YON nve N �R Q A GAve d 4145 340ro5 aey 4x110 �y� -AV 4.4,41 aAy 1u13 'v p 3N55 &'Y'4aedv 3 my ."K, m ^ v antl aawd zaN N m BAv.Bo�s 10 Pm,,.U:fvAS 8 -00 Proposed / Existing Utilities 41 g ! � l $ Ri Declaration of Covenants, Conditions, and Restrictions of Cantemere Homeowners Association City of Rexburg, Madison County, State of Idaho A Planned Unit Development THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made this day of the month of , 2017 by Cantemere LLC, in their capacity as the owner and developer of Cantemere Properties, a Planned Unit Development in the City of Rexburg, Madison County, State of Idaho. Article 1 DEFINITIONS The following items used in this Declaration are listed alphabetically and shall have the following meanings: Additional Land shall, at all times mean all of the land in the City of Rexburg, Madison County, State of Idaho. 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 Cantemere Homeowners Association, and 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 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 VII of the Declaration. Declarant shall mean Cantemere LLC, their successors and assigns, if any, as developer of the Development Declaration shall mean this Declaration of Covenants, Conditions, and Restrictions for Cantemere, a 4 plex 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 Development shall mean the 4 plex development known as Cantemere in the City of Rexburg, Madison County, State of Idaho. Limited Commons Area shall mean any Common Area designated for exclusive use by the Owner of a particular building 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 building is identified thereon shall be Limited Common Area for the exclusive use of the Owner of the building 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 and intended for the single use of a 4 plex building 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 Building; 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 and Lot or Building, and any contract purchaser of any Lot or Building. Notwithstanding any applicable theory relating to mortgages, no Mortgage 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 Building owned by it. Multiple Owner of a particular Lot or Building 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 an addition of the City of Rexburg, Madison County, Idaho prepared and certified by Forsgren & 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 the Declaration, including Common Areas and Buildings, and other land amended to the Development as provided in this Declaration. The initial Property shall consist of the land described in ARTICLE III Section I of the 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 Regulations authorized, adopted, and promulgated to the Owners from time to time by Board pursuant to the provisions of Section 1 of ARTICLE 11 in the BYLAWS Declaration. Buildings or Units shall mean a structure which is designated, constructed and intended for use or occupancy as a multi -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 Building or Unit (but designated and designed to serve only that Unit or Building) such as carports, patios, fences, decks, appliances, electrical receptacles and outlets, air conditioning compressors and other air conditioning apparatus, if any. ARTICLE II STATEMENT OF PURPOSE AND EFFECUATION 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 Cantemere, 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. 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 Units and of the Common Areas which are described and depicted on the initial Plat. 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: SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REBAR WITH BRASS CAP FOUND MARKING THE SOUTH 1/4 CORNER OF SAID SECTION 25; THENCE NORTH 89046'34" EAST, A DISTANCE OF 1,320.02 FEET ALONG THE SOUTH LINE OF SAID SECTION 25 TO A POINT; THENCE NORTH 00016'13" WEST, A DISTANCE OF 37.87 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET STAMPED "FORSGREN PLS 13856", MARKING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00016'13" WEST, A DISTANCE OF 726.95 FEET TO A REBAR WITH A PLASTIC CAP FOUND; THENCE NORTH 89043'47" EAST, A DISTANCE OF 308.07 FEET TO A REBAR WITH PLASTIC CAP FOUND; THENCE SOUTH 04004'57" WEST, A DISTANCE OF 95.14 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET STAMPED "FORSGREN PLS 13856"; THENCE SOUTH 89057'49" EAST, A DISTANCE OF 69.94 FEET TO A REBAR WITH NO CAP FOUND ON THE WEST RIGHT-OF-WAY OF THE EASTERN IDAHO RAILROAD; THENCE SOUTH 30008'27" WEST, A DISTANCE OF 732.49 FEET ALONG SAID WEST RIGHT-OF-WAY OF THE EASTERN IDAHO RAILROAD TO THE POINT OF BEGINNING. CONTAINING 3.35 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY FORSGREN ASSOCIATES, UNDER THE DIRECT SUPERVISION OF JEFFREY M. ROWE, PLS 13856 IN FEBRUARY, 2016, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. 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 until 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 incomplete 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 determined to be appropriate. If, pursuant to the foregoing reservations, descent property or any improvement thereon is traversed or partially occupied by a permanent improvement, egress, how many lines showing fixed. With the exception of such perpetual easement, the reservations here by effected shall, unless sooner terminated in accordance with their terms expired 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 much 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 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, cables, wires, utility lines, and similar facilities; and to each of the casements, covenants, conditions and restrictions contained in this declaration. 2. Division into Lot. The Development is hereby divided into 36 Lots and/or Units as set forth and described on the Cantemere Plat, 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. ARTICLE IV DUTIES AND OBLIGATIONS OF OWNERS 1. Maintenance and Repairs. Each Owner shall at his own cost main his Lot or Unit and any improvements (i.e. Townhouse Unit or Condominium 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 II of the BYLAWS Declaration. In the event of damage or destruction of any Unit, the Owner of the Lot upon 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 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 and 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 customer 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 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 Aras. Each Lot or Unit shall have appurtenant thereto a nonexclusive right and easements 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 titles to each Lot or Unit and shall in no event by 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 --in official Plat of Cantemere, 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 Cantemere, 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). 3. Transfer of Tiel to Common Areas. As soon as possible following the recordation of this Declaration and the initial Plat, Declarant shall convey so 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. 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 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; (b) 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 (c) 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 Units to which at least sixty percent (60%) of the total votes in the Association appertain. 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 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 to locations 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 differently location than its predecessor shall be permitted; and valid easements for such encroachments and the maintenance thereof, so long as they continue, shall exist. 7. Grant of Easement. Easement granted to Woodshed Properties LLC by Steven Lamont Jackson and Stephanie Jackson, husband and wife, Reference Instrument by Woodshed Properties LLC. This easement for ingress/egress and utility casements. 8. Main Street Closure. The property owners of Cantemere Homeowners Association shall be responsible for the closing of Main Street ingress/egress for the proposed development in the event the 4'h West street connection to Main Street is redesigned and site distance safety is increased. At that time, with a motion passed and approved by the Mayor and City Council, after proper notification is given to Cantemere Homeowners Association, the Main Street access shall be closed and restored to a state that allows emergency vehicle access but which is reasonably consistent with a multi -family front yard and any applicable City Codes, e.g. landscaping requirements, etc. This may include the construction of a "break away" apparatus as well as a pervious surface such as grasscrete or similar that allows for a landscaped surface that can support vehicle loads consistent with emergency vehicles. Following the completion of 4'h West/Main Street site distance improvements, the property owner(s) shall close the Main Street access and provide the required restoration within 12 months. Details of construction plans shall be submitted for review and approval by the City prior to installation. Woodshed Properties LLC shall, in anticipation of the foregoing expense, put $3000 in an interest-bearing escrow account to be used by the Board of Directors for this specific purpose only. Any additional money which may be needed will be the responsibility of Cantemere Homeowners Association. 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 Units set forth in this Declaration. 2. Residential Use. The Property is zoned for an 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 BYLAWS 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 Declarations. (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 each 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 and approved by the DRC. Page 7: 3. Standard. In deciding whether to approve or disapprove plans and specifications submitted to it, the DRC shall use its best judgement to ensure that all improvements, constructions, landscaping and alterations on Units within the Development conform to and harmonize with existing surroundings and structures. Any structure hereafter constructed on any lower unit and placement or in the structure. Located thereon shall be constructed as substantially the same configuration, location and architectural style and to be approximately the same size as the prior structure; and if the plans and specification therefore meets such criteria the DRC must approve the same. 4. Approval procedure. Except as provided in Section 3 any plans and sophistication submitted to the DRC she'll be approved or disapproved by writing within 30 days of submission. In the event that the DRC fails to take any action within such specific period. It shall be deemed to have approved the material submitted except in those in which such material is not in conformity with the provisions of this declaration as to which respects it shall be disapproved. 5. Construction. Once begun, any improvements, constructions, landscaping, or alterations approved by the DRC shall be diligently pushed to competition. 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. 6. Liabilities for Damages. Neither the DRC nor the member thereof shall be held liable for such damages by the reasons of any action, inaction, approval or disapproval taken or given without malice right by such member of the DRC with respect to any requests made pursuant to this ARTICLE VII. 8. Declarant's Obligation. Declarant hereby covenants in favor of each Owner (a) that all Units 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 Keys Rating Guide, a policy or policies of hazard Insurance in an amount or amounts equal to or exceeding a full replacement value (exclusive of the value of land, foundations, evacuation and other items normally excluded from coverage) of the Common Area owned by the Association of all the Town House and Condominium units (including all building service equipments, if any, and the like), but not the contents thereof, and all roofs, surfaces and structures 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 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 will 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 incure 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 insured 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 Owners 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 and of the Owners. 4. Fidelity Coverage. The Association may elect to maintain fidelity coverage to protect against dishonest acts on 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 on oblige; (b) be written in an amount based upon the best business judgement 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 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 non-payment 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 voted in the Association, review the adequacy of the Associations 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 insured licensed in the State of Idaho. Notwithstanding anything in this ARTICLE VIII to the contrary, and 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. Condominium Units: Owners Contents Policy. Condominium 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 Units and (b) at least two-thirds (%) 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. 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 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 therefore 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 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 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 his 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.