HomeMy WebLinkAboutCC&Rs - RECORDED 6.21.22 - First Addendum to the Condominium Declaration - Adding in TRL 2 Parcels - 22-00413 - TETON RIVER LOFTS - Phase 1 - 311 E Lorene St - Condo PlatInstrument# 447524
When Recorded Return To: RExsuRC, MADISON, IDAHO
2-9-2022 03:52:29 PM No. of Pages: 10
Recorded for: LEATHAM DEVLOPMENT
Parsons Behle & Latimer IGM H. MUIR Fee: 37.00
c/o Jon A. Stenquist Ex -Officio Reorder DeF"ny l
350 Memorial Drive, Ste. 300
Idaho Falls, Idaho 83402
FIRST ADDENDUM TO THE CONDOMINIUM DECLARATION FOR
THE TETON RIVER FLATS CONDOMINIUMS
THIS FIRST ADDENDUM TO THE CONDOMINIUM DECLARATION FOR the
TETON RIVER FLATS CONDOMINIUMS (this "First Addendum") is made as of February _,
2022, by Leatham Development LLC, an Idaho limited liability company ("Declarant'), with
reference to the following:
RECITALS
A. On July 30, 2021, Declarant caused to be recorded as Instrument No. 442670 in in
the official records of the Office of the Recorder of Madison County, Idaho (the "Official
Records"), that certain Condominium Declaration for the Teton River Flats Condominiums (the
"Original Declaration") pertaining to a condominium development known as Teton River Flats
Condominiums.
B. On August 4, 2021, Declarant caused to be recorded as Instrument No. 442795 in
the Official Records that certain Plat of Teton River Flats Planned Unit Development attached as
Exhibit `B".
C. On August 18, 2021, Declarant caused to be recorded as Instrument No. 443172 in
the Official Records that certain First Amendment to the Original Declaration (the "First
Amendment').
D. On August 25, 2021, Declarant caused to be recorded as Instrument No. 443342 in
the Official Records that certain Second Amendment to the Original Declaration (the "Second
Amendment').
E. On December 30, 2021, Declarant caused to be recorded as Instrument No. 446556,
and re-recorded as Instrument No. 446613 on January 3, 2022 to change "Second Amendment' to
"Third Amendment", in the Official Records that certain Third Amendment to the Original
Declaration (the "Third Amendment').
F. On January 14, 2022, Declarant caused to be recorded as Instrument No. 446905 in
the Official Records that certain Fourth Amendment to the Original Declaration (the "Fourth
Amendment').
G. Pursuant to Section 3.33(d) of the Original Declaration, Declarant desires to
provide this addendum to the Original Declaration, as previously amended by the First
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Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, as
hereinafter set forth.
H. As of the date of the recordation this First Addendum, none of the "Events"
described in Section 3.19 of the Original Declaration has occurred.
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NOW, THEREFORE, pursuant to Section 3.33(d) of the Original Declaration as amended
by the Second Amendment, Declarant hereby declares as follows:
1. Defined Terms. Unless otherwise defined in this First Addendum, all defined terms
as used in this First Addendum shall have the same meanings as those set forth in the Original
Declaration; as previously amended by the First Amendment, the Second Amendment, the Third
Amendment, and the Fourth Amendment. The Original Declaration, as amended by the First
Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, and as
further amended by this First Addendum, shall collectively be referred to as the "Declaration."
2. Binding Effect. The provisions of the Original Declaration, as amended by the First
Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and as
further amended by this First Addendum, shall run with the Property as described in Exhibit "A"
(the "Property"), as amended herein, and shall be binding upon all persons having any right, title;
or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each Owner thereof.
3. Amendment of Exhibit A. Exhibit A of the Original Declaration is hereby amended,
as shown in the attached Exhibit "A", to add the North Parcel and the South Parcel as described
therein.
4. The Declaration Remains in Full Force and Effect. Except as amended by the
provisions of this First Addendum, the Original Declaration, as previously amended by the First
Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, shall
remain unmodified and in full force and effect.
4857-4470-0172.vl
IN WITNESS WHEREOF, Declarant has caused this First Addendum to be executed by
an officer duly authorized to execute the same as of the date first above written.
STATE OF IDAHO
ss.
COUNTY OF MADISON
LEATHAMXELOPM T, LLC,
II
a Idaho d ' bility co pane
0
Title:
The foregoing First Addendum to the Condominium Declaration for the Teton River Flats
Condominiums was acknowledged to me thisay of February, 2022, by Bron Leatham, in his
capacity as the Manager of Leatham Development LLC, a Idaho limited liability company.
WY COWWISSION
EXPIRES 114-2022
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EXHIBIT "A"
TO
FIRST ADDENDUM TO THE CONDOMINIUM DECLARATION FOR
THE TETON RIVER FLATS CONDOMINIUMS
rd
4867-4470-0172.vl
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LEGAL DESCRIPTION OF THE TETON RIVER FLATS
That certain real property located in Madison County, Idaho, more particularly described as
follows:
LEGAL DESCRIPTION
BEGINNING AT A POINT THAT S.00013'42"E. ALONG THE SECTION LINE 794.00
FEET AND N.89°32' 16"E. 552.57 FEET FROM THE NORTHWEST CORNER OF SECTION
20, TOWNSHIP 6 NORTH, RANGE 40 EAST OF THE BOISE MERIDIAN;
RUNNING THENCE N.02004'09"W. 140.05 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF EAST LORENE STREET;
THENCE N.89°32' 16"E. ALONG SAID SOUTH RIGHT-OF-WAY LINE 771.93 FEET TO
THE WEST BOUNDARY LINE OF GROVER SUBDIVISION, MADISON COUNTY,
IDAHO;
THENCE SOUTHERLY AND WESTERLY ALONG THE BOUNDARY LINE OF SAID
GROVER SUBDIVISION THE FOLLOWING TWO (2) COURSES:
(1) THENCE S.00°13'42"E. 340.00 FEET;
(2) THENCE S.89°32' 16"W. 330.00 FEET;
THENCE N.00013'42"W. 200.00 FEET;
THENCE S.89032'16"W. 437.43 FEET TO THE POINT OF BEGINNING, CONTAINING
3.989 ACRES.
NORTH PARCEL:
PART OF THE NW 1/4 OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 40 EAST OF THE
BOISE MERIDIAN, MADISON COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
A PORTION OF LOT 1 OF THE GROVER SUBDIVISION, RECORDED AS INSTRUMENT
NO. 394710 IN THE MADISON COUNTY RECORDER'S OFFICE, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 OF THE GROVER
SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING.
A-1
4867-4470-0172.vi
THENCE S00028'26"E ALONG THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF
294.50 FEET;
THENCE N89058'29"W A DISTANCE OF 803.99 FEET TO THE WEST LINE OF SAID LOT
1;
THENCE N00014'15"W A DISTANCE OF 287.50 FEET TO THE NORTHWEST CORNER
OF SAID LOT 1;
THENCE N8903 1'34"E A DISTANCE OF 802.78 FEET TO THE TRUE POINT OF
BEGINNING.
SOUTH PARCEL:
PART OF THE NW 1/4 OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 40 EAST OF THE
BOISE MERIDIAN, MADISON COUNTY, IDAHO MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
A PORTION OF LOT 1 OF THE GROVER SUBDIVISION, RECORDED AS INSTRUMENT
NO. 394710 IN THE MADISON COUNTY RECORDER'S OFFICE, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 OF THE GROVER
SUBDIVISION,
THENCE S00028'26"E ALONG THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF
294.50 FEET TO THE TRUE POINT OF BEGINNING.
THENCE S00028'26"E A DISTANCE OF 249.68 FEET;
THENCE S89031'34"W A DISTANCE OF 805.02 FEET TO WEST LINE OF SAID LOT 1;
THENCE N000 14' 15"W ALONG THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF
256.69 FEET;
THENCE S89058'29"E A DISTANCE OF 803.99 FEET TO THE TRUE POINT OF
BEGINNING.
A-2
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EXHIBIT `B"
TO
FIRST ADDENDUM TO THE CONDOMINIUM DECLARATION FOR
THE TETON RIVER FLATS CONDOMINIUMS
9999
PLAT OF TETON RIVER FLATS PLANNED UNIT DEVELOPMENT
Recorded as Instrument No. 442795 in the Official Records
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