20080722Post Reply Comments Submission.pdf

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John R. Hamond, Jr., ISB No. 5470
Fisher Pusch & Alderman LLP
U.S. Ban Plaza, 5th Floor
101 S. Capitol Boulevard, Suite 500
Post Office Box 1308
Boise,ID 83701
Telephone: [phone]
Facsimile: [phone]
3: 3ì
Attorneys for Applicant
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF MAYFIELD
SPRIGS WATER COMPAN, INC.,
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
CASE NO. MSW-W-08-01
POST REPLY COMMENTS
SUBMISSION
COMES NOW Mayfeld Springs Water Company, Inc., an Idaho corporation (the
"Company" or "Mayfield"), by and through its counsel, Fisher Pusch & Alderman LLP, and files
this Post Reply Comments Submission in response to a Commission inquiry at the public hearng
in this case. The Commission requested at the hearng that it be provided with documents
containing the covenants, conditions and restrctions for the Arowrock Subdivision. The
relevant documents are attached hereto as Exhibit 36 for the Commission's review.
DATED THIS ~ day of July, 2008.
MAYFIELD SPRIGS WATER COMPAN,
INC.
. Hamond, Jr.
ey for Applicant
MAYFIELD WATER COMPANY INC.'S POST REPLY COMMENTS SUBMISSION - 1
ORIGINAL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ;) ~day of July, 2008, a tre and correct copy ofthe
foregoing document was served on the following individuals by the method indicated below:
Jean Jewell
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington St.
POBox 83720
Boise ID 83720-5983
Don Howell
Krstine A. Sasser
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
POBox 83720
Boise ID 83720-0074
Gerald J. Corvino
11865 W. Tustin Lake
Kuna ID 83634-5032
( J U.S. Mail
( J Facsimile [phone]
( J Overnght Delivery
fA Messenger Delivery
( J Email
( J U.S. Mail
( J Facsimile [phone]
( J Overnight Delivery
L- Messenger Delivery
( J Email
fA U.S. Mail
( J Facsimile
( J Overnight Delivery
( J Messenger Delivery
( J Email L ;l
MAYFIELD WATER COMPANY INCo'S POST REPLY COMMENTS SUBMISSION - 2
ADA COUNT RECDER J. DAV.ID NAVARRO AMOUNT 153.00 51
~~W~A:11:: 04:æ PI 1IIIIIIUlllllllllmiiiiiiiiiiiiii
RECDED-REQUEST OF 105156518
Spink Butl
AMENDED ANRESTAI
MASTER DECLATION OF
COVENANT. CONDmONS AN RESTRCTIONS
FOR
AROWRK RACH SUBDIVSION
THS AMENDED AN RESTATED MASTER DECLARTION OF COVENANS,
CONDITIONS AND RESTRCTIONS FOR AROWROCK RACH SUBDIVSION is made
effecve as of the ~ day of October, 2005, by Arr Ridge, LLC, a limted liabilty company,
("Grtor" and "Class B Member").
EXHIBIT
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TABLE OF CONTS
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ARTICLE I: RECITAL ....................................................... 11.1 Prper Covered ................................................ 1
1.2 Residentiw Developnent .......................................... 1
1.3 fuose of Anengeg Declartion. . . .. . . .. .. . . . .. . . . . . .. . . .. .. .. . . .. . 1
ARTICLE II: DECLATION..................................................1
ARTICLE il: DEFIONS ................................................... 2
3.1 "Architectal Commttee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3.2 "Arcles". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.3 "Assessments" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.4 "Association". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.5 "Assciation Rules" ..............................................2
3.6 "Board" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.7 "Buildig Lot" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.8 "Bylaws" ....... . . .. . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . 2
3.9 "Common Area" ................................................. 2
3.10 "Declartion". . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23.11 "Grtor" ............ ............ .'..............................3
3.12 "Improvement" ..................................................3
3.13 "Limted Assesment" . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .3
3.14 "Association". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3 .15 "Meiber" ...................................................... 3
3.16 "Ower". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.17 "Pern". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.18 ~ ..... ..... .... .... ..... ... ... .......... ............ .......3
3.1 9 "Prer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3 .20 "Regar Assessmt" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3 .21 "Specal Assessment" ................... . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.22 "Supplementa Declartion" ........................................4
3.23 "Arwrock Rach Subdivision Common Ara" ........................ 4
3.24 "Arowrçk Rach Subdivision" .................................... 4
ARTICLE N: GENERA AN SPECIFIC RESTRCTIONS ......... . . . . . . . . . . . . . . . . .4
4.1 Strctes - Gey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4.1.1 Use. Size and Height of Dwelling Strct ....................4
4.1.2 Arhitec Commttee Reyiew ............................ 4
4.1.3 Setbacks and Heigh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1.4 AccSOrY Strct. . . . .. . . . .. . . . . .. . . .. . . . . . . .. ... ... . ..5
4.1.5 Drveways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
TABLE OF CONl . i
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4.1.6 Mailboxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1.7 Fencig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1.8 Lightig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1.9 Garges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Antenae. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
4.3 Ince Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.4 No Furer Subdvision ........................................... 6
4.5 Signs ........................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.6 Nuisances ...................................................... 6
4.7 Exteror Maintence: Owers Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.8 Grg and Drge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.9 No Hazous Actvities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.10 Unsightly Arcles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.1 1 No Tempo Strct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .7
4.12 No Unsceeed Boats. çller and Other Vehicles ......... . . . . . . . . . . . . 7
4.13 Sewage Disposal Syste. . . . . .. . . . .. . . . . . . . . .. . .. . .. . . . . . .. .. . . . .. 7
4.14 No Minng or Drling. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4.15 Energy Devices. Outside........................................... 8
4.1 6 Vehicles. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4.17 Analslets . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . .. . . . . .. .. .. .. . . .. . . ...8
4.18 Lagscing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
.4.19 ExeitionofGrantor . . .. .. . . .. . . . . . . . . .. . . . . .. ... .... . . . .. . .. .. ..9
4.20 IntentioPWly Deleted.. .'. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J 0
4.21 Commenceent ofÇollction ................................... 10
4.22 Roof Materal .................................................. 10
ARTICLE V: AROWROCK RANCH SUBDNISION HOMEOWNERS' ASSOCIATION
. . . . . . . . . . . . . . . . . . . . . -. '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . 10
5.1 Organzation ofArock Ranch Subdivision Homewner' Association .. 10
5.2 Meiberhi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3 Votng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3.1 Class A Member . . ... . . . . . .. . . . . . . .. . . . . .. .. .. . . . . . .. ...10
5.3.2 Class B Meiber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
5.4 Board of Dirers and Offce .................................... 11
5.5 Power and Duties of the Association ................................ 11
5.5.1 Power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.5.1.1 ASseents .................................... 11
5.5.1.2 Right of Enforcent ............................. 11
5.5.1.3 Delegation ofPower ............................. 12
5.5.1.4 Association Rules ................................ 125.5.1.5 EmergePow ...............................12
5.5.1.6 Liceses. Easeients ang Rights-of-Way .............. 12
5.5.2 Il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.5.2.1 Qpertion and Matence of Arwrock Rach Subdivsion
Common Ara . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
TABLE OF CONT - Ü
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5.5.2.2 Resere Accunt.. . . . .. . . .. .. .. . .. . . .. . . .. .... . . .13
5.5.2.3 Maienance ofBens. Retainig Wal and Fences ..... 14
5.5.2.4 Taxes and Asseents. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.5.2.5 WaterandQtUtilities ..........................14
5.5.2.6 Ince....................................... 14
5.5.2.7 Rule Makg .................................... 15
5.5.2.8 Newsleter...................................... 15
5.5.2.9 Arhitec Commttee........................... 15
5.5.2.10 Enforcemt of Resctons and Rules. . . . . . . . . . . . . . . . 155.6 PernalLiability ............................................... 15
5.7 Budgets a:d Fincial Statements .................................. 16
5.8 Megs o(Assciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 16
ARTICLE VI: LIGHT MATENANCE OF STORM WATER FACILITS ............ 16
ARTICLE VI: RIGHTS TO COMMON ARAS . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 17
7.1 Use of Arowrck Ranch Subdvision Common Area . . . , . . . . . . . . . . . . . . . 17
7.2 l)signati o( Common Ara ..................................... 17
7.3 Delegation o(Right to Use . .. . .. .. .. .. .. .. . .. .. ... .. . .. .. . .. .. . . .. 17
7.4 Dam ..... . . .. . . . . . . . . . . . . . ., . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE VIII: IRGATION..... ... . .... . . . . . . . , . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. 17
8.1 No separte syster..; . . . . .. . , . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . 17
8.2 Limitation on Irgation .......................................... 18
ARTICLEIX: DOMESTIC WATER ........................................... ..18
9.1 Water System .................................................. 189.2 Assessents ................................................... 18
9.3 Financial Rerds and Audits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 199.4 Liability Inance .............................................. 19
9.5 Backfow Sysems and Asseibii~ ................................. 19
9.6 Water Quity ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
9.7 Eat for Maitenance ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.8 Accs to Water Sys Facilies ..................................20
9.9 No Separte Water Smmly ....... .. . . . .. . ... . . . . . . . .. ... . . . ... ....20
9.10 Protecton of Water Smmly .......................................20
9.10.1 No Parkig or Chemca. Storage ............ ............. ...20
9.10.2 No Petleu Products................................... 20
9.10.3 No Stadig Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
9.10.4 Compliance of Water Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
9.11 Teration of Serce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
9.12 Trafer of Water Systei . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
ARTICLE X: ASSESSMENTS ................................................. 23
10.1 çovent to Pay Asesents ..................................... 23
TABLE OF CONT - il
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10.1.1 Assesent Constutes Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
10.1.2 Assessentis rer Obli8Jti ..........................2310.2 Regu Assesents ............................................23
10.2.1 PuseofReguarAssessments............................ 23
10.2.2 Computaon of Reguar Assessments . . ... ...... .. . . . .. .. . .. .24
10.2.3 Amounts raid by Ower ................................. 24
10.3 Specal Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10.3.1 Puise an Proede. . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . .24
10.3.2 Consistent Basis of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
10.4 Limed Assesmets ............................................ 25
10.5 Uniform Rate of Assesment ...................................... 25
10.6 Assessment Perod .............................................. 25
10.7 Notice and Assessment Due Date. . . . .. . .. . . . . .. .. . . . .. . . . . . .. .. . . . . 25
10.8 Estoppel Cerificate ............................................. 25
10.9 Specal Notice an Quru ReguIrents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE XI: ENORCEMENT OF ASSESSMETS; LIENS. . . . . . . . . . . . . . . . . . . . . . . .26
11.1 Right tQ Enforc ................................................ 26
11.2 Assessment Liens. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . '. . .. . . . . 26
11.2.1 Creation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . 26
11.2.2 Cla QfJ.ien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
11.3 Metod of Forelosu ............................................ 27
11.4 Reyiçg NQtice .. .. . . . . . . . . . . . . . . . . . . . .~. . . . . .. . . . ... . . . . . . .. . . . . 27
11.5 SuborditiQn tQ Cer Trut Dees ............................... 27
11.6 Rights of Mortgages ............................................27
ARTICLE XII: INSPECTON OF ASSOCIATION'S BOOKS AND RECORDS ..........27
12.1 Members Right of Inspeon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
12.2 Rules RegargJnspecon of Books and Recrd. . .... .. . . . . .... .. . ..27
12.3 Diecor's Righs oflnon . .. .. . . .. ... . .. . . . .. .. .. . . .. . . . ......28
ARTICLE XI: ARCHITCTU COMMEE ................................28
13.1 Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
13.2 Grtor's Right af A¡intment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
13.3 Revew of lrgposed Constrcton .................................. 28
13.3.1 Conditions on Approvw . .. .. .. . .. . .. . . . .. .. .. .. . . . .. . .. .. .29
13.3.2 ArhiteclCommttee Rules and Fees . . . . . . . . . . . . . . . . . . . . . . 29
13.3.3 Detailed Plan ..........................................29
13.3.4 Arhite CQmmttee Desion. . . . . . . . . . . . . . . . . . . . . . . . . .29
13.4 Meegs of the Archi çQmmttee ............................ 29
13.5 NQ Waver of Futu Aprovals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13.6 çamsation of Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13.7 InQn of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 30
13.8 Non-Liabilty of Architec CQmmttee Member . . . . . . . . . . . . . . . . . . . . 31
13.9 Varance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
TABLE OF CONT - iv
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ARTICLEXN: EASEMES................................................. 31
14.1 Easents ofEncraclent. .. .. . . ... . . . . . . . . . . . . .. . . . . . ....... . .. 31
14.2 Easents of Accs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
14.3 Drage and Utility Easements ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
14.3.1 Imroveient of Drnage and Utiit Eaent Ar ........... 32
14.4 Rights and Duties Concerg Utiity Easements. . . . . . . . . . . . . . . . . . . . . ..32
14.5 Drveway Easents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
14.6 Disputes as to Sha of Costs .................................... 33
14.7 General Ladscape Easement. .. .. . .. . ..... ... . . . .. . . . . .. .. .. ... ...33
14.8 OVerhang East ............................................. 33
14.9 Maiteance and Use Easement Betee Walls and Lot Lines. ... ... ... ..33
ARTICLE XV: MISCELLANEOUS ............................................. 34
15.1 TelDi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 34
15.2 Amendment. .. . . . . . .. . . . . ... . . .. . . .. .. .. . . . . . . . .. ... . . . . .... ..34
15.2.1 By Grtor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
15.2.2 By Ower .............................................34
15.2.3 Effec of Amendment . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 34
15.3 Mortgae Protection. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
15.4 Notices. . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 35
15.5 Enforcent ang Non,.Waiver ..................................... 35
15.5.1 Right of Enforcent .. .. . .. . . . . ... . . .. .. .. . .. . .. . . . . ... ..35
15.5.2 Violations and Nuisance. . . . . . . . . . .. . . . .. .. . . .. .. .. . . . . .. .35
155.3 Violation of Law ........................................ 35
15.5,4 Remedes Cumulative.................................... 35
15.5.5 Non-Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
15.6 hitemretation . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
15.6.1 Restrctons Co Together. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
15.6.2 Restrctions Seve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
15.6.3 Singuar Ines Plur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
15.6.4 çaps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
15.7 Succesors and Assign .......................................... 36
EXHmITA
PLAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
EXHmITB ................................................................. 42
EXHmITC
"AC GUIELINS" ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
EXHmITD
APPROVED WROUGHT IRON FENCING DESIGN .........................45
TABLE OF CONT . v
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ARTICLE I: RECITALS
1.1 Proer Covered. The prope potentially subjec to ths Amended and
Restated Maser Declartion of Covenants, Conditions and Restrctions for Arwrock Rach
Subdvision ("Amended Declaration") is the Prope included in the plat of Arwrck Rach
Subdvision No.1, subjec to the exclusons stted below. The plat for Arwrck Rach
Subdvision No. 1 was recrded on September 14, 2005, in the Recrd of Ada County, Idao as
Inent No. 105133316. A copy of the plat is attched hereto as Exhibit A. Lot 60, Block 1,
Lot 62, Block 1, and Lot 63, Block 1 ar not included in the Prope, and are not potennally
subject to ths Amended Declaration. Lots 1-59, Block 1, are hereby made subjec to ths
Amended Declaration. Lot 61, Block 1 may be made subjec to ths Amended Declartion by
futue amendment.
1.2 Residential Developmt. Arwrock Ranch Subdivision is a reidentiw
development, which Grtor curently intends to develop in accrdance with development
approvals obtaed in the County of Ada, and other development planes) for which Grtor may
from tie to tie obta appval. Cern portons of the Prope may be develope for qumity
detched single-family reidential homes. . The Prper may cota parls of Common Area
including strs and caals, public and/or private ope space, park area, landsping,
receaona facilities, private str, drves, and other amenties and facilties. Any development
plan or schemes for the. Proper in existence pror to or following the effecve date of ths
Amended Declartion are subject to change at any tie. by Grtor, and impose no obligation on
Grtor as to how the Prope is to be developed or improved.
1.3 Puose of Amended Declaration. The purse of ths Amended Declartion is
to se fort the basic restrctons, covenants, limtations, easements, Conditions and equitale
sertues (collecvely "Restrctions") tht will apply to the entire development and use of wi
portons of the Proper. The Restrctons ar designed to preere the Propers value,
desirbilty and attveness, to enur a well integrated, high-qumity development, and to
gutee adequate maitence of the Common Ar and the Improvements located thereon in
a cost effecve and adnistrtively effcient maner.
ARTICLE II: DECLATION
Grantor hereby declares tht the Proper, and each lot, parl or porton thereof, is
and/or shall be held, sold, conveyed, encube hypthected, leaed used occed and
improved subject to the following ters, covenants, conditions, eaements and retrctons, all of
which are declared and agree to be in fuerce of a gener plan for the prtecton,
maintenance, subdvision, improvement and sale of the Proper, and to enance the value,
desirilty and attctiveness of the Prpe. The ters, covenants, conditions, eaents and
restrctions set fort her: shal ru with the land constitutig the Prope, and with each estate
therei and shall be bindig upn all perons having or acquig any right, title or interest in the
Proper or any lot, parel or porton therf; shal inure to the benefit of ever lot, parcel or
porton of the Proper and any interst therei; and shal inure to the benefit of and be bindig
upn Grtor, Grtor's succsors in interes and each grtee or Ower and such grtee's or
AMED AN RESTATE MATE DECLTION - 1
~- .~
Owers respeve succesors in inter and may be enforce by Grtor, by any Ower or such
Owers succssrs in interes, or by the Asociation.
Notwthtadig the foregoing, no prvision of ths Amended Declartion shall be
consed as to prevent or limit Grtots right to complete development of the Prper and to
consct improvements thern, nor Grtots right to maitan model homes, constrcton,
sales or leaing offce or similar facilities on any porton of the Prper, including the Common
Area or any public right-of-way, nor Grtots right to post sign incidenta to constcton, sales
or leasing.
ARTICLE il: DEFINITIONS
3.1 "Architectu Committ" shWl mea the commttee created by the Grtor or
an Association purt to Arcle XI herf.
3.2 "Arcles" shall mean the Arcles of Incorpration of an Association or other
organzational or charer docuents of an Association.
3.3 "Assesents" shal mea those payments reuired of Ower, Associaton
Member, includig Reguar, Speial and Limited Assessments of any Association as fuer
defied in ths Amended Declaration. .
3.4 "Association" shall mea the Associátion.
3.5 "Association Rules" shall mean those rules and reguations promulgated by the
Association governg conduct upn and use of the Prope under the jursdicton or contrl of
the Assoation, the imposition of fines and forfeitus for violation of Association Rules and
reguations, and procedur matt for use in the conduct of business of the Association.
3.6 "BoW" shwl mea the Board of Diecors or other goverg board or
individuw, if applicable, of the Asociation.
3.7 "Buidig Lot" shal mea one or more lots with the Prope as specfied or
shown on any Plat and/or by Suplementa Declaron, upon which Imprvements may be
constrcted. The ter "Building Lot" shall include single-famly reidentiw lots, but shal not
include the Common Area.
3.8 "Bylaws" shwl mea the Bylaws of an Association.
3.9 "Common Area" shwl mea any or al parls of Arowrck Rach Subvision
Common Ar and shwl include, without limtation, al such parls tht ar designated as
prvate steet or drves, common ope space, common landscaed aras.
3.10
tie to tie.
"Declartion" shwl mea ths Amended Declartion as it may be amended frm
AMED AN RESTATED MATE DECLTION - 2
t.ll
3.11 "Grantor" shall mea Aror Ridge, LLC, or its succesor in intert, or any
pen or entity to whom the rights under ths Amended Declaration ar exprsly trfered by
Aror Ridge, LLC or its successor.
3.12 "Improvement" shal mea any strct, faciity or syem, or other
improvement or objec wheter penanent or tempora, which is erted conscted or place
upon, under or in any porton of the Prope, including but not limited to buildings, fences,
sts, drves, drveways, sidewal, bicycle path, cus, landscaping, widlife habitat
imprvements, signs, lights, mail boxes, eleccal lines, pipe, pumps, ditches, reeational
facilities, and fixtW of any kid whatsever.
3.13 "Limited Assessment" shal mean a charge agast a parcular Ower and such
Owets Buildig Lot, diretly attbutble to the Ower, equm to the cost incur by the
Association for correcve acton perormed puruat to the prvisions of ths Amended
Declartion or any Supplementa Declartion, includig inter thern as provided in ths
Amended Declartion or a Suplementa Declartion.
3.14 "Association" shall mean the liited liabilty copany, its successrs and
assign, established by Grtor to exerise the power and to ca out the duties set fort in ths
Amended Declartion or any Supplementa Declartion. Grtor shal have the power, in its
discron, to nae the Association the " Arwrck Rach Subdivision Homeowner'
Assocation,' Inc~"; or any similar name which fairly reflecs its purse.
3.15
Association.
"Member" shall mea each peon or entity holdig a memberhip in the
3.16 "Ower" shl mea the pen or other legal entity, includg Grtor, holdig
fee simple interest of recrd to a Buildig Lot which is a pa of the Prope, and seller uner
executory contract of swe, but excludig those havig such intert merely as secty for the
peormance of an obligation.
3.17 "Peron" shall mea any individum, parerhip, corpration or other legal
entity.
3.18 "Plat" shal mea any subdvision plat coverg any portion of the Proper as
rerded at the offce of the County Recrder, Ada County, Idaho, as the same may be amended
by duly recrded amendments thereof.
3.19 "Prpe shal mea those portons of the Prper descrbed on Exhbit A
attached herto and incorprated herein by ths referce, includg each lot, parcel and porton
thereof and interest therin includig all water rights associated with or appurent to such
proper.
3.20 "Reguar Assessment" shal mea the porton of the cost of maitag,
imprvig, repg, managig and opeg the Comon Area and al Improvements located
AMED AN RETATED MATE DECLTION - 3
. .
thern, and the other costs of an Assocation which is to be levied agast the Proper of and paid
by each Ower to the Association, purt to the ter hereof or the tens of ths Amended
Declartion or a Supplemental Declartion.
3.21 "Special ASSesent" shal mea the porton of the costs of the capitW
improvements or relacements, equipment puras and replaceents or shortges in Reguar
Assessments which are authoried and to be pad by each Ower to the Asociation purt to the
provisions of ths Amended Declartion or a Supplemental Declaron.
3.22 "Supplemental Declartion" shal mea any supplementW declartion including
additionw covenants, conditions and retrctons tht might be adopted with resect to any porton
of the Prpe.
3.23 "Arock Ranch Subdivision Comon Ar" shall mea wi real prpe in
which the Association holds an intert or which is held or maitaned, peanently or
teporarly, for the common use, enjoyment and benefit of the enti Arowrk Rach
Subdivision and each Ower therein, which re proper is legally descrbed in Exhbit B attched
hereto and made a par herf. Arowrck Rach Subdvision Common Area maybe estalished
frm tie to time by Grtor on any porton of the Proper by descrbing it'on a plat~ by grtig
or reserg.it in a dee or other instrent, or by designtig it puruat to ths Amended
Declartion or any SupplementW Declartion. Arwrck Rach Subdivision Common Ara may '.
include easement and/or licese rights.
3.24 "Arwrck Rach Subdivision" shwl mean the Prop.
ARTICLE N:GENERA AN SPECIFIC RESTRICTIONS
4.1 Sti - Generly. All strct are to be designed. constrcted and used in
such a maner as to promote compatibilty beteen the tyes of use contemplated by ths Amended
Declartion.
4.1.1 Use. Size and Height of Dwelling Strct. All Buildig Lots shal be
used exclusively for purses wlowed on the finw plat which includes sad lot.
4.1.2 Archiectu Commit Revew. No Improvements which will be
visible above ground or which will ultiately afect the visibilty of any above ground
Imprvement shall be built, ereced place or materally alter on or reoved frm the
Proper uness and until the buildig plan, spfications, and plot plan have bee
revewed in advance by the Arhitec Commttee and the same have be approved in
wrtig. The review and approval or disapproval may be based upon the followig factors:
design and style elements, mas and form topogrphy, setbacks, finished ground elevations,
arhitectu symet, drinage, color, materws, physicW or aesthetic impact on other
propes, includig Common Ar, arstic conformty to the ter and the other
Improvements on the Prope, and any and all other factors which the Arhitec
Commttee, in its reasonale discron, dee relevant. Said requiements as to the
AMED AN RETATED MATE DEClATION - 4
approvw of the architectal design shall aply only to the exteror appeaance of the
Imprvements. Ths Amened Declartion is not intended to see as authority for the
Architec Commtteè to contrl the interor layout or design of reidential stctes
except to the extent incidentaly necesitaed by use, sie and height resctons.
4.1.3 Setbacks and Height. No residential or other strct shall be place
nea to the Building Lot lines or built higher than petted by the Plat in which the
Building Lot is located, by any applicable zonig restrcton, by any conditiona use pert,
or by a building envelope designated either by Grtor or the applicable Arhitec
Committee whichever is more resctve. See Exhbit C.
4.1.4 Accsory Strcts. Detached garges shall be allowed if in coformty
with the provisions of ths Amended Declartion, and as appoved by the applicable
Architectu Committee. Garges and storge sheds shall be constrcted of, and roofed
with the sae materals, and with similar colors and design as the resdential strctue on
the applicale Building Lot. No playhouses, playgrund equipment, pools, pool slides,
divig boards, hot tubs, .spas or simlar items shal extend higher th five (5) fee above the
finished grded surace of the Buidig Lot upon which such item(s) are located uness
approved in advance.
4.1.5 Drveways~ All acces drveways shal have a weag surace of asphat,
concrete, or other hard surce materws, and shl be prerly graded to assu.pto
dranage.
4.1.6 Mailboxes. All mailboxes will be of consistent design mateal and
coloration and shwl be located onòr adjoinng Buildig Lot lines at place designate by
Grtor or the Architec Commttee.
4.1.7 Fencig. See ExhbitC.
4.1.8 LighÛJg. Exteror lightig, including flood lighting, sh1 be par of the
architec concet of the Improvements on a Buildig Lot. Fixtues, standards and all
exposed accssories shal be hanonious with building design, and shal be as approved by
the applicable Arhitec Commttee. Lightig shall be restred in design, and
excesive brightness shall be avoided.
4.1.9 Garages. Each dwellng unt shall have an attached or detached fully
enclose garge adequate for a mium of th (3), and a maimum of five (5) stadard
size automobiles. A maximum of thee (3) garge doors are wlowed. No caort shall be
alowed.
4.2 Antenae. No exteror rao antena, televsion anten satellte dish antea or
other antena of any tye shal be ered or maintaied on the Proper unes it is located or
scred in a maner actable to the applicable Arhitec Commttee.
AMED AN RESTATE MATE DECLATION - 5
4.3 Ince Rates. Nothg shwl be done or kept on any Buildig Lot which will
incr the rate of inurce on any other porton of the Proper without the apval of the
Ower of such other porton, nor shall anytng be done or kept on the Prpe or a Buildig Lot
which would result in the cacellation of insance on any proper owned or manged by any such
Assocation or which would be in violation of any law.
4.4 No Furer Subdivsion. No Buildig Lot may be fuer subdivided.
4.5 Signs. No sign of any kind shall be displayed to the public view without the
approvw of the applicable Arhitec Commttee, excet: (1) such signs as may be us by
Grantor in connecon with the development of the Proper and sale of Buildig Lots; (2)
tempora sign naming the contrctors, the arhitect, and the lendig institution fora parcuar
constrction operation; (3) such signs identifyg Arowrck Ranch Subdivision, or inormationw
signs, of customar and reonable diensions as presbed by the Architec Committee may
be displayed on or frm the Common Area; and (4) one (1) sign of custom and reasonable
dienions as precrbed by the Arhitec Commttee. as may be . displaye by an Ower other
than Grantor on or from aBuilding Lot adversing the residence for sale. A cutomar "for sale"
sign not more than thee (3) feet by two (2) fee shall not reuire Arhitec Commttee aproval.
Without limiting the foregoing, no sign shall be place in the Common Ar without the wrtten
approval of the applicable Architectw Commttee. No "For Rent" signs are allowed in the
Subdivision.
4.6 Nuisace. No rubbish or debris of any kid shwl be place or peritted to
acculate anywhere upon the Prper, including Common Ara or vacat Buildig Lots, an no
. odor shall be petted to arse therefrom so as to render the Proper or any porton therf.
unsanta, unightly, offensive or detenta to the Prper or to its occpants, or to any other
prope in the vicinty therf or to its occpants. No noise or other nuisance shWl be petted to
exist or operate upon any porton of the Proper so as to be offensive or detenta to the Prper
or to its occants or to other prope in the vicinity or to its occpants. Without limtig the
generity of any of the foregoing provisions, no exteror speaer, horns, whistles, bells or other
sound devce (other than secty devce us exclusvely for secty purses which have be
approved by the Assciation), flashig lights or seah lights, shal be locatedt used or placed on the
Prper without the prior wrtten appval of the Assciation.
4.7 Exteror Maitence: Owers Obligations. No Improvement shall be petted
to fall into disrai, and eah Imprvement shWl at all ties be kept in good condition and repai.
In the event that any Ower shall pert any Imprvement, including trs and landscaping, which
is the responsibilty of such Ower to maitai to fwl into disrepai so as to create a dangeous,
unafe, unsightly or unattactive condition, or damages prope or facilities on or adjoinig thei
Building Lot which would otherse be the Assciations' respnsibilty to maitai the Boar of
the Assciation, upon fifteen (15) days pror wrtten notice to the Ower of such proper, shWl
have the right to correc such condition, and to enter upon such Owners Buildig Lot for the
purose of doing so, and such Ower shWl promptly rebure the Assciation, as the ca may be,
for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceble in
the same maner as other Assessments set fort in Arcle IX of ths Amended Declartion. The
AMED AN RESTATE MASTE DECTION - 6
Ower of the offending proper shall be pernally liable, and such Owers proper maybe
subject to a mechanc's lien for wi costs and expees incured by the Association in tang such
corrtive act, plus all costs incued in collecg the amounts due. Each Owner shal pay all
amounts due for such work with ten (10) days afer receipt of wrtten demand therfor, or the
amounts may, at the option of the Boar, be added to the amounts payable by such Ower as
Reguar Assessments. Each Ower shal have the remediw rights set fort hern if the aplicable
Assciatons fail to exerse their rights withn a reonable time followig wrtten notice by such
Ower.
4.8 Grding and Drage. A site plan indicatig the prposed gradig and drage of
a Lot mus be approved by the ACC before any constcton is intiated. Lot grg shall be kept
to a mimum and Buildings are to be located for preeration of the existig gre(s). Buider is
expresly responsible to ene prper drainage and ru off frm said Building Lot
4.9 No Hazarous Actvities. No actvities shall be conducted on the Prper, and no
Imprvements . constrcted on any proper which ar or might be unsafe or hadous to any peron
or prper.
4~ 1 0 Unsightly Arcles. No unsightly arcles shwl be pertted to remai on any
Buiding Lot so as to be visible :f any other porton of the Prper. Without limitingthe-
generity of the foregoing, refue, garbage and trsh shall be kept at all ties in.such contaer
and in areas approved by the applicable Architecw Commttee. No clothg or fabrcs shal be
hung, dred or..aiedin such a way as to be visible to other prper, and no equipment, heat pUps,
copressors, contaer, lumber, fiewoo. grass, shrb or tree clippings, plant waste, metas, bulk
materal, scrap, refue or trshwl be kept, store or wlowed to acculate on any Building Lot
except with an enclosed strcte or as approprately screeed frm. view. No vacat residential
strct shW be used for the storage of building materals.
4.1 1 No Temora Strs. No house trler, mobile home, tent (other th for
short tei individual use), shack or other temporar buildig, imprvement or strcte shall be
place upon any portion of the Proper, excet temporarly as may be requi by constrction
activity underen on the Prõpe.
4.12 No Unscred Boats. Camper and Oter Vehicles. No boats, trler, caper,
wI-ter vehicles, motorcycles, rectional vehicles, bicycles, dilapidated or unepai and
unsightly vehicles or similar eqpment shall be placed upon any poron of the Prope (including,
without limitation, strets, parkig ar and drveways) uness the same are enclose by a strctu
conceing them frm view in a maner appoved by the aplicable Arhitec Commttee. To
the extent possible, garge doors shall remai close at all ties.
4.13 Sewage Dispsa Systems. No individual sewage dispsal sysem shal be used on
the Proper. Each Ower shal connec the approprate faciities on such Owers Buildig Lot to
the Sewer System provided by contrct with Inteiounta Sewer & Wate, Corp., and will pay all
charges assessed therefore.
AMED AN RESTATED MATE DECLARTION - 7
j- f:
4.14 No Mig or Drllng. No poron of the Proper shwl be used for the purse of
minng, quag, drllig, borig or exploring for or removig water, oil, ga or other
hydrcaons, miner8, rocks, stones, sand, grvel or ea. Ths pargraph 4.14 shal not prohibit
exploraory drlling or corig which is necsar to constrct a residentiw strct or
Improvements.
4.15 Energy Devices. Outside. No energy producton devce, including but not lited
to generators of any kind and solar energy devce, shall be constrcted or maitaed on any
porton of the Prope without the wrtten approval of the applicable Arhitectu Commtt,
excet for heat pumps shown in the plan appoved by the Arhitec Commttee. Ths
pargrh 4.15 shall not apply to passive solar energy syss incorprated into the approved
design of a residential strctue.
4.16 Vehicles. The use of all vehicles, including but not limited to trcks, automobiles,
bicycles, motorcycles and snowmobiles, shall be subjec to all Association Rules, which may
prohibit or limt the use thereof with Arowrk Ranch Subdivision. No on-str parkig shal be
petted excet wher exprssly designated for parkig use. No parkig bays shall be petted in
any side, front or backy. Vehicles parked on a drveway shall not exted into any sidewalk or
bike path or pedestran path.
'417. .t....Anmalslets. No'.anws, bir,.inecs, pigeons, poultr or livestock shlbe
kept on the Proper uness the presence of such crtues does not constitute a nuisace. Ths
paragraph 4.17 does not apply to the keeg of up totwo (2)domestcated dogs, up to two (Z)
domesticatedcats, and other household pets which do not uneanably bother or constitute a
nuisance.to.other. Without limitig the genertyofthe foregoing, consistent and/or chrnic
. barkigbydogs shall be considered a nuisace. Each dog in Arowrck Ranch Subdivision shallbe
kept on a leah, cubed, and otherse contrlled at all times when such anal is off the premses
of its owner. Such owner shall clea up any anmal defecation imedately frm the Common Area
or public right-of-way. Failur to do so may rest, at the Boar's discretion, with a Limted
Assessent levied agai such anal owner. The constcton of dog rus or other pe enclosures
shall be subjec to applicale Arhitec Comittee approval, shall be appropriately screened,
and shall be maintaned in a santa condition. Dog ru or other pet enclosures shwl be placed a
mium of ten (10) fee frm the side and/or rea Building Lot line, shwl not be place in any
front yad of a Building Lot, and shall be screeed frm view so as not to be visible from Common
Area or an adjacet Buildig Lot.
4.18 Landscapig. Builder of the intial residents on eah Bulding Lot shall be
responsible for inallation, prior to occuancy, of a complete frnt and back yar sprer system,
seeing or sod for the entire yad, and ful and prior compliance with the landscape plan aproved
by the Arhitecal Commttee. Pror to constrcton of Imprvements, the Ower (or any
Associaton to which such respnsibilty has been assigned) shall provide adequate irgation and
maitenance of existing tr and landscaing, shal contrl wees, and maita the Owers (or
Association's) prer in a clea and safe condition free of debris or any hazdous condition. All
tr located on common Buildig Lot lies shwl be the joint resonsibilty of the adjoinng
AMED AN RESTATE MASTE DECLATION - 8
. .
Buildig Lot owner. All landscape Common Aras shall be irgated by an undergrund sprer
sysem.
The Boar and/or applicable Arhitectal Commttee may adopt rues reatig
landscaping pertted and reuired. In the event that any Ower shal fail to insiwl and maitain
landscaping in conformance with such rues or shall allow such Owers landscaing to deterorate
to a dangerus, une, unightly or unattctve condition, the Board, upon fiftee (15) days' prior
wrtt notice to such Ower, shall have the right to corr such condition and to enter upn such
Owners proper for the puiose of doing so, and such Ower shwl promptly reimbur the
Assciation for the cost thereof. Such cost shall be a Limted Assessent and shwl create a lien
enforceble in the sae maner as other Assesments as set fort in Arcle IX.
Following commencement of any conscton of any Improvement, constrcton shal be
dilgently purued and completed as son as resonably prctical. All landscaping on a Buildig
Lot, uness otherse spfied by the applicable Architectu Commttee, shal be completed as
soon as. reasnably practca. followig completon of the residential strct on such'Buildig Lot.
The initial landscaping shal include, as a minium, sod in the frnt and side yads, sod or grs
seed in the rear yads, and four (4) flowerg tr of at leat two inch (2") caiper in the front
yar or, alteratively, one (1) six foot (6') pine tree and two (2) flowerng tree of two inch (2")
caipe in the frnt ya. The frnt yar shall also include five (5) gallon plants/shrbs and ten (10)
one (l),galon plantsshrbs. Bensar encouraged.subjec to Arcbjtec Commtteeappval.
Al spriersysteis shal include the instlation ofabacow valve; and. landscaping shwlbe~
...subject to. limtations on grs and waterng as descrbed on ExhbitB, atthed hero.
4.19 Exemtion of Grantor. Nothng contaed her shwllit th rightof Grantor to.
subdivide or resubdvide any porton of the Prpe, to grt'lice,.to,resererights-of-wây:ad
easements with respe to Common Ara to utility companes, public agencies or other, or to
complete excavation, gring and constrction of Imprvements to and on any porton of the
Prope owned by Grtor, or to alte the forgoing and its constrcton plans and design, or to
constrct such additional Improvements as Grantor deems advsable in the coure of development
of the Prope so long as any Buiding Lot in. the Proper rens unold. Such right shal
include, but shall not be limted to, erecg, constrctg and maitag on the Proper such
strctues and displays as may be reasonaly necssar for the conduct of Grtots business of
completig the work and disposing of the sae by sWes leae or otherse. Grtor shal have the
right at any tie prior to acquisition of title to a Building Lot by a purhaser from Grtor to grt,
estalish and/or resere on that Building Lot additiona licees, reserations and rights-of-way to
Grtor, to utility companes, or to other as may from tie to time be reaonably necssa to the
proer development and dispsal of the Prper. Grtor may use any stctes owned by Grtor
on the Prope as model home complexes or re estate swes or leaing offce. Grtor nee not
seek or obtai Architecal Commttee approval of any Improvement constrcted or plac by
Grtor on any porton of the Prope owned by Grtor. The rights of Grto hereuder may be
assigned by Grantor to any successor in interest in connecon with Grtots inter in any porton
of the Prpe, by an expres wrtten assignent recrded in the Ofce of the Ada County
Recrder.
AMED AN RESTATE MASTE DECLATION - 9
4.20 Intentionally Deleted.
4.21 Comiceit of Constrcton. Any Ower of a Buildig Lot shall, with a
perod of one (1) year followig the date of purchase of a Buildig Lot fr Grtor, commence the
constrcton of a dwellig strcte in copliance with the resctons herei and suh
constrctonshwl be completed withn six (6) month therafer. The ter "commence the
constrction" as used in ths pargrph 4.21, shal reuie actl physical constrction actvities
upon such dwellig stctue upon such Buidig Lot.
4.22 Roof Materal. See Exhibit C.
ARTICLE V: AROWROCK RACH SUBDMSION HOMEOWNERS' ASSOCIATION
5.1 Orgaization ofArowrock Ranch Subdivision Homeowner' Association.
ArwrckRach Subdivision Homeowner' Association, Inc. ("Association") shal be initially
organze by Grtor asa limited liabilty company under the provisions of the Idaho Code relatig
to general limted liabilty companes and shwl be charged with the duties and invesed with the
power prescrbed by law and set fort in the Arcles, Bylaws and ths Amended Declartion.
Neither the Arcles nor the.Bylaws shall be amended or otherse changed or intereted so as to
be inconsistent with ths AmendedDeclartion.
5.2 Memberhip: Each Ower, by vie of beg ål Ower and for so long as such
ownerbip'is maitained.shallbe a Member of the Association and no Ower shall have more than
one menberhip in the Association. Memberhips in the Association shall beappurenantto the
Buildig Lot or other porton of the Proper owned by such Owner. The memberps in the
Association shwlnot be trfer, pledged, assigned or aliented in any way excet upon the .
trsfer of Owners title and then only to the trfer of such title. Any attempt to make a
prohibited memberp trsfer shall be void and will not be reflected on the books of the
Association.
5.3 Voting. Voting in the Association shall be caed out by Membe who shall ca
the votes attbutale to the Buildig Lots which they own, or attbutable to the Building Lots
owned by Grantor. The number of votes any Member may cat on any isse is detered by the
number of Buiding Lots which the Membe, including Grtor, owns. When more than one pen
holds an interes in any Building Lot, all such perons shall be Member but shall shae the votes
attòutable to the Buildig Lot. For votig purse, the Association shal have two (2) classes of
Member as descrbed below.
5.3.1 Class A Member. Ower other th Grtor shall be known as Class A
Membe. Each Class A Member shall be entitled to cat one (1) vote for each Buldig Lot
owned by such Class A Member on the day of the vote.
5.3.2 Class B Member. The Grtor shwl be known as the Class B Member,
and shall be entitled to ten (10) votes for eah Buildig Lot of which Grtor is the Ower.
The Class B Member shwl ceae to be a votig Member in the Association when the tota
AMED AN RETATE MASTER DECLTION - 10
.
, .
cuulative votes of the Clas A Member eq or exce the tota votes of the Class B
Membe provided that the Class B memberhip sha not cea before the expiron of te
(10) yea frm the date on which the first Building Lot is sold to an Ower.
Fractonal votes shWi not be allowed. In the event tht joint Ower ar unable to ag
among themelves as to how their vote or votes shwl be cat, they shwllose their right to vote on
the matter being put to a vote. When an Ower casts a vote, it will thereafter be preed
conclusively for wi purses that such Ower was actig with authority and conset of al joint
Ower of the Building Lot(s) frm which the vote derved. The right to vote may not be severed or
separted frm the ownerhip of the Building Lot to which it is appurenant, excet that any Ower
may give a reocable prxy, or may assign such Ower's right to vote to a lesee, mortgagee,
beeficiar or contrct purchaser of the Building Lot concered for the ter of the lease~ mortgage,
dee of trt or contrac. Any sale, trfer or conveyce of such Building Lot to a new Ower
shall operte automaticaly to tranfer the appurt votig right to the Ower, subjec to any
asignent of the right to vote to a lessee~ mortgagee, or beneficiar as prvided herin.
5.4 Boarg of Diecrs and Offce. The afai of the Assciation shall be conducted'
and manged by a Board of Diecors ("Boar") and such offcers as th Board may elecor appint,
in .acrdace with the Arcles and Bylaws, as the same may be amended from tie to ti~. The
Board of the Assoiation shall be eleced in accordance with the provisions set fort in the
Assaciation Bylaws.
Power apg Duties oftJeAssocation.
5.5.1 Power. The AssociationshWl have atl the power ofa corpratjon
organzed under the gener corpration laws of the State of Içlaho subject only to such
litations upon the exercise of such power as are expressly set fort in the Arcles, the
Bylaws, and ths Amended Declartion. The Association shWl have the power to do any
and wi lawfu thgs which may be authoried required or peitted to be done by the
Assocation under Idao law and under ths Amended Declaration, and the Arcles and
Bylaws, and to do and peorm any and all acts which may be necsar to, prope for, or
incidenta to the proper mangement and opetion of the Common Ara and the Amended
Declartion's other asset, including water rights when and if receved frm Grantor, and
afai and the perormance of the other reponsbilties herei asigned including without
limitation:
5.5.1.1 Assessments. The power to levy Asessments on any Ower
or any porton of the Prper and to forc payment of such Assesments, wi in
accordance with the provisions of ths Amended Declartion. An Association set
up fee of $1 ,450.00 shall be chaged upon the closing of eah Buildig Lot. The
initial lot transfer fee shall be $250.00, which amount is sujec to change by the
Board of Directors of the Association.
5.5.1.2 Right of Enforceent. The power and authority from tie
to tie in its own nae, on its own behalf; or on behWf of any Ower who
AMED AN RESTATED MATE DECLATION - i i
..
consents thereto, to coence and maita acons and suits to retr and
enjoin any brech or theatened breach of ths Amended Declaration or the Arcles
or the Bylaws, including the Association Rules adopted purant to ths Amended
Declartion, and to enforce by injuncton or otherse, WI provisions herf.
5.5.1.3 Delegaton of Power. The authority to delegate its power
and duties to committees, offcer, employees, orto any pen, fi or
corpration to act as manager, and to contrct for the matenance, reai,
relaceent and opeation of the Common Area, includg the prvate streets.
Neither the Association nor the member of its Board shall be liable for any
omission or improper exercise by the manger of any such duty or power so
delegted.
5.5.1.4 Association Rules. The power to adopt, amend and repea
by majority vote of the Boar such rues and reguations as the Assoiation deem
reasnable. .The Associaton may gover the use of the Common Area, including
but not limited to the use of prvate str by the Ower, thei familes, invite~
licensee, lessee or contr purhaser; prvided however, that any Association
Rules shall apply equaly to all Ower and shal not be inconsistent with ths
Amended Declaration, the Arcles or Bylaws. A copy of the Association Rules as
they may from tie to tie be adopted, amended or reped, shall be mailed or
otherse delivered to eaeh Owner. Upon such mailing or deliver, the Association
Rules shal havethe same force'andeffect as if they were se fort in and wer a
par of ths Amended Declartion. In the event of any conflct betee such
Association Rules and any other provisions of ths Amended Declartion, or the
Arcles or Bylaws, the provisions of the Association Rules shall be d~ed to be
supeeded by the prvisions of ths. Amended Declartion,' the Aricles or the
Bylaws to the extent of any such inconsistency.
5.5.1.5 Emergency Power. The power, exercise by the
Association or by any peron authorized by it, to enter upon any proper (but not
inside any buildig constrcted thereon) in the event of any emergency involvig
ilness or potential dager to life or prope or when necsa in connecon with
any maintenance or constrcton for which the Association is resonsible. Such
entr shal be made with as litte inconvenence to the Ower as prcable, and
any damage caed therby shall be reaire by the Assoation.
5.5.1.6 Lice. Eaements and Rights-of-Way. Thepowerto
grt and convey to any thrd par such liceses, easements and rights-of-way in,
on or under the Comon Area as may be necsar or appropriate for the orderly
maintenance, pration and enjoyment of the Coon Area and for the
presertion of the health, safet, convenence and the welfare of the Ower, for
the purse of constrctg, erg, opertig or matag:
AMED AN RESTATE MATE DECLATION - 12
5.5.1.6.1 Underground lines, cables, wi, conduts or
other devices for the trssion of electcity or electrnic signs-for
lightig, heatig, power, telephone, television or other purses, and the
above ground lightig stanchions, meter, and other facilities associated
with the provisions of lightig and serces; and
5.5.1 .6.2 Pulic sewer, storm drais, water drais and
pipes, water supply systems, spriing systems, heatig and ga lines or
pipes, and any simlar public or qua-public improvements or facilties.
5.5.1.6.3 Mailboxes and sidewalk abutments around
such mailboxes or any serce facility, ber, fencig and landscping
abuttg common areas public and prvate strets or land conveyed for
any public or quasi-pulic purse includig, but not limited to, bicycle
pathways.
The right to grt such licenses, eaents and rightsof-way ar hereby exprsly
reseredto the Assocation and maybe grted at any time prior to twenty-one
(21) yea afer the death of the issue of the individuas exectig ths Amended
Declartion on behalf of Grtor who are in being as of the date hereof.
5.5.2 Duties. In addition to. duties . necesar and prope to ca out the power
delegated to the Association by ths Amended Declartion, and the Arcles and Bylaws,
withoutlimting the generitythereot: the Association or its agent, if any, shl have the
authority and. the obligation to conduct all business affai of the Asociation and to
perorm, without limtaon/each of the. following duties:
5.5.2.1 Opation and Maintence of Arowrock Ranch
Subdivision çommn Ar. Operte, maitai and otherse mange or provide
for the operation, maitenance and management of Arowrck Ranch Subdvision
Comon Area (other than Lo Common Area), including the repair and
replaceent of prper damaged or destyed by caalty loss, and maitenance
of the private roads.
SpecificWlY, the Association shl, at Grtots sole discetion, operte
and maitain all properes owned by Grantor which are designated by Grantor for
temporar or peanent use by Member of the Association.
5.5.2.2 Rese Accunt. Estalish and fud a resee account with
a reutable bang intitution or savings and loan association or title ince
copany authoried to do business in the State ofIdao, which resere account
shwl be dedcated to the costs of reair, relaceent, maitence and
imprvement of the Common Ar.
AMED AN RESTATED MATER DECLATION - 13
5.5.2.3 Maitenance ofBens. Retang Wals and Fence.
Maita the bers, retanig walls, fence and water amenties with and
abuttg Common Ara. Manta the water amenties constrcted by Grtor or
Assocation located in that ce eaement in over and thugh Buildig Lots as
shown on the Plat.
5.52.4 Taxes and Assessments. Pay all rea and peonw proper
taes and Assessments searately levied agaist Arwrock Ranch Subdivision
Common Area or agaist Arowrck Rach Subdivision, the Association and/or
any other proper owned by the Asciation. Such taxes and Assessments may be
contested or compromise by theAssociationt provided, however, that such taes
and Assessments ar paid or a bond inurg payment is posted pror to the swe or
disposition of any proper to satisfy the payment of such taes and Assents.
In addition, the Association shall pay wi other feder, stte or loca taes,
including income or corprate taes levied agat the Association, in the event
that the Association is dened the statu of a tax exempt corporaon.
5.5~2.5 Water an Oter Utiities. Acqui, prvide and/or pay for
water, sewer, garbage disposa, re and rubbish collecon, elecca, telephone
and gas 'and other necessar serces for Arwrock Ranch Subdivision Common
Ar and to mange for the benefit of Arwrock Rach Subdvision al water
rights and rights to receive water held by the Assocationt wheter such rights ar
. evdencectby licese, perit, clai, 'stock ownerp or otherse.
5.5~2.6' Inurce. Obta inurce frm reutable insuce
copanes-authorized to do business in the State ofIdaho, and maitan in effect
any insurance policy the Board deems necessa or advisable, includig, withut
limitation the.followig policies of inurce:
5.5.2.6.1 Fire ince including those risks embr
by coverage of the tye known as the broad form "All Risk" or speal
extended coverage endorsement on a blanet agee amount basis for the
ful insuable replaceent vwue of all Imprvements, equipment and
fixtues located with Arowrck Ranch Subdivision Common Ar.
5.5.2.6.2 Comprhensive public liabilty insuance
insng the Board, the Association, the Grtor and the individua
grantee and agents and employee of each of the foregoing agst any
liabilty incident to the ownerhip and/or use of Arwrck Rach
Subdivision Common Area Limts of liabilty of such coverge shl be
as follows: Not less than One Millon Dollar ($1,00,000) per peron
and One Millon Dollar ($1,000,000) pe occence with respect to
penal injur or death and One Milion Dollar ($1,00,00) per
occuce with rest to prope damage.
AMED AN RESTATE MATE DECLTION - 14
5.5.2.6.3 Full covere direors' and offcer' liabilty
insurce with a limit of at leat Two Hundr Fift Thousand Dollar
($250,000).
5.5.2.6.4 Such other insurce, includig motor vehicle
ince and Worken's Compeation insuce, to the extent
necsar to comply with all aplicable laws and indemty, faithfu
perormance, fidelity and other bonds as the Board shall dee necesar
or requied to car out the Association ftctions or to insure the
Association agat any loss from malfeaance or dishonesty of any
employee or other peon charged with the management or posseion of
any Association ftds or other proper.
5.5.2.6.5 The Assciation shall be deeed trte of the
interts of all Ower in connection with. any insurance procs paid to
the Association under such policies, and shal have ful power to recive
such Ower's interts in such prceeds and to dea therewith.
S.5.2;6.6 Insuce priums for the above insce
coverge shall be deeed a common expese to be included in the
Regar AssessmentsJeved by the Association.
5:5.2;7 c Rule. Makng. Make, establish, promulgate, amend and
reea.such Association Rules as the Boar shal dee advisable.
5.5.2.8 Newsletter. Ifit so elects, preare and distrbute a
newsleter on.matter of gener interest to Association Member the cost of
which shl be included in Reguar Assessments.
5.5.2.9 Artectu Commttee. Appint and reove member of
the Architec Committee, subject to the prvisions of ths Amended
Declartion.
5.5.2.10 Enorcement of Resctons and Rules. Perorm such other
act, whether or not expressly authorized by ths Amended Delartion, as may be
renably advisable or necsar to enorc any of the provisions of ths Amended
Declartion, or of the Aricles or Bylaws, including, without limitation, the
retion of any clai of lien with the Ada County Recrder, as more fuly
provided herein.
5.6 Perona Liabilty. No Membe of the Board, or member of any commttee of the
Assciation, or any offce of the Association, or the Grtor, or the manger, if any, shwl be
peonally liable to any Ower, or to any other par, includig the Assciation, for any damage,
loss or prejudice suffered or claied on the accunt of any act omission, eror or negligence of the
Association, the Boar, the manager, if any, or any other repesentative or employee of the
AMED AN RESTATED MASTE DECLATION - 15
Association, the Grtor, or the Architec Commttee, or any other committee, or any offce of
the Association, or the Grtor, prvided tht such peon, upn the basis of such infortion as
may be possesse by such peron, ha acted in goo faith without wilfu or intentional miscnduct
5.7 Budgets and Ficial Statements. Financial statements for the Association shal
be preared reguarly and copies shall be distbuted to each Member of the Association as follows:
5.7.1 A pro forma operatg sttement or budget, for each fisca yea shWl be
distrbuted not less th sixty (60) days before the begig of each fisca year. The
operatig statement shall include a schedule of Assessments reved and recvable,
identified by the Building Lot number and the name of the pern or entity assigned.
5.7.2 With th (30) days afer the close of each fisca yea, the Association
shall cause to be prear and deliver to each Ower, a balance shee as of the las day of
the Association's fisca yea and anum opeting sttements reflecng the income and
expenditues of the Association for its last fisca yea. Copies of the bwance sheet and
opetig statement shall be distrbuted to each Member withn niet (90) days after the
end of each fisca yea.
5.8 MeetÍI of Association. . Each yea the Association shwl hold at lea one meeg
of'the Member; accordg to the schedule for such meetgs established by the Bylaws; provided,
. that such meeting shall occur no ealier than Apri1l5and no later than May 31 each year: Ony
.Member$hWlbe entitled to attend Association meetgs, and all other perns maybe excluded.
Notice for all Association meegs, reguar or speial, shall be given by reguar mail to. all '
Membe, and any peon in possession of a Buildig Lot, not less than ten (10) days nor more than
thrt (30) days before the meetig and shwl set foi;the place,. date and hour of the meeng and the
natue of the business to be conducted. All meegs shwl be held withn the Proper or as close
thereto as prctica at a reaonable place seleced by the Boar. The presce at any meeg in
peron of the Class B Membe where there is such a Member, and of the Class A Member
rereenting Owner holding at leat thrt pecent (30%) of the tota votes of all Clas A Member.
shall constitute a quoru. If any meeg cat be held becuse a quoru is not preset, the
Member present may adjour the meetig to a tie not less than ten (10) days nor more th th
(30) days fr the tie the origial meeg was scheduled. A secnd meetig may be caled as the
result of such an adjourent, provided notice is given as provided above. At any such meeg
properly caled, the presence of any Member shall constitute a quoru.
ARTICLE VI: LIGHT MATENANCE OF STORM WATER FACILITS
Opertion and maitenance of the storm water facilities at Arwrck Ranch Subdvisionsha be govered by the opertion and maintenance manum of storm drnage syem in Arwrock
Ranch Subdivision, which manual may be modfied frm tie to tie at the diection of the Board
of the Assocation.
AMED AN RESTATE MATE DECLATION - 16
r~ ~...
ARTICLE VII: RIGHTS TO COMMON ARAS
7.1 Use of Arowock Ranch Subdvision Common Ara. Ever Ower shal have a
right to use each parcel of Arowrck Rach Subdivision Common Area which right shwl be
appurenant to and shWi pass with the title to ever Building Lot, subjec to the followig
provisions:
7.1.1 The right of the Assation to levy and increae Asssments;
7.1.2 The right of such Association to suped the votig rights and rights to
use of' or interest in, Common Area by an Owner for any perod durg which any
Assessment or charge agains such Owers Building Lot reais unpaid; and for a peod
not to exce sixty (60) days for any infrcton of the Association Rules; and
7.1.3 The right of the Assoation to dedcate or tranfer all or any par of the
Common Area to any public agency, authority or utility for such purse and subjec to
such conditions as may be peitted by the Arcles and Bylaws and agr to by the
Members. No dedcation or trsfer of sad Common Ara shWi be effecve unes an
instrent' agreeing to such dedcation or transfer signed by Membe reesentig
two-thds (2/3) of each class of Member has been recrded.
7.1.4 The right of such Assoation to prohibit the constron of strcts or
lnproyements, JiprOVementson;al ,Comnon Ar.
, 7.1.5 ,'. The. right of such Association to prohibit strctes, ImprOYet~ts,
includig mancur lawns and nurei plants. ".
7.2 . . I2ésìgrationQfC9w.OJAr~Grtorshall designate andresereArVik
Ranch Subdivision Common Area in the Amended Declartion, Supplemental DeclartiOn andloi.
reorded Plats, deed or other instrents andlor as otherse provided herein.
7.3 Delegation of Right to Use. Any Ower may delegate, in accrdance with the
repectve Bylaws and Association Rules of the Association, such Owers right of enjoyment to
the Arowrck Ranch Subdivision Common Area to the member of such Ower's famlyin
residence, and such Owers tenants or contrac purchaser who reside on such Owers Building
Lot. Ony Grtor or the Association shwl have the right to delegate the right of enjoyment to the
Arwrck Ranch Subdvision Common Ar to the gener public, and such delegation to the
gener public shall be for a fee set by Grtor or Association.
7.4 Damages. Each Ower shWl be fuly liable for any damage to any Common Ar
which may be sustned by reason of the negligence or willfu misconduct of the Ower, such
Owers resident tenant or contr purhaser, or such Ower's family and guests, both mior and
adult. In the cae of joint ownerp of a Building Lot, the liabilty of such Ower shall be joint
and sever. The cost of coecting such daage shall be a Limted Assessment agat the Buildig
Lot and may be colleced as prvided herein for the collection of other Assesments.
ARTICLE Vil: IRGATION
8.1 No seiarte syem. Ther shall not be separte domestic and irgation water
systems for the subdivision.
AMENED AN RESTATED MASTE DECLTION - 17
.s;,'-;¡,
8.2 Limtation on Irgation. Development restrctons do not peit some Building
Lots in the subdivision to be fuly irgated. Resctons on us of water for irgation for each
Buildig Lot are refleced on Exhbit B atthed hereto, and incorprated her.
ARTICLE IX: DOMESTIC WATER
9.1 Water Sys. Each Building Lot shwl have accs to the Water Sysem to be
constrcted by Grantor and to be owned and opeated by Grtor (or Grtor's successor), subjec
to the provisions of Secton 9.12 herder. Such Water Sysem may consist ofasours) of water
supply (located on well lots), pumps, reguators, pipe and other deliver sysem equipment, and
shal provide water for cuinar, other ordna domestic household use, and irgation as provided
in Arcle XI. Ower shwl have no right, title and/or interst in any wate and water rights,
includig groundwater and grundwater rights, ditch and ditch rights, and storae and storage rights
owned by Grtor.
9.2 Assements. Grtor shall estalish chares for Water System use, which chaes
maybe adjusted from time to time and which may be ases thugh the Association as a Limited . ','
Assesment in connecon with each Ower's Building Lot, which assessments shal be trfered
'.toGrtor or the owner of the Water System. Any Ower's or non-Ower'suseofthe Water
""'~ System Shallconstitute an agreeent to pay the chatgesfor such use. . Attheinnw trfer of...,
Building Lots frm Grtor, Grtor shall håvè .the right to. collec user fees f'0in suchnewOW1er
'ofBuilding Lots, which fees sIiall cover the costs associated with the connecon oflaterals, meter
or'other plant exclusively for such Building Lot Ower's use. Al such user fee shall be used to
paraly reibur.e Grtor for the constrction ,and development costs in coection with the
Water System including, without limitation, adnistration. Notwthstandig the foregoing, all Lots
shall be metered to measur use of the Water'System in connecon with each Lot. Grantor may use
such meter to esablish a reanable monthy maximum amount of water allowed for use in
connecon with each Lot. If any such meter indicates that a Lot . Owner uss signficantly more
water, as reasonaly compared to the amount of water used by other Lot Ower, Grantor reeres
the right to read meter reguarly and to chage the Lot Ower a Limited Assesment, which
Limited Assesment shal be proportonate to the amount of water used in excess of the reonable
maximum monthy amount. Such Limited Assessment shwl be in addition to the porton of the
Regular Assessment associated with the Water Sysem. Additionwly, if any dispute arses betwee
Lot Ower, which dispute aleges uneaonable water use by anther Lot Ower, Grtor shall use
the water meter to detere the monthy water volume consumed by such Lot Owner and, if
necesa, charge a Limited Assessment to any Lot Ower consumng signficantly more water as
reanably compar to' the amount of water used by other Lot Ower. Any Owers or non..
Ower's use of the Water System shall constitute an agrent to pay the charges and/or
Assessments for such use. Grtor and its sucessors may also elect to chare each Ower, ata rate
established by Grtor or its successors, for act water usge as metered.
Grtor shal maita a separte ban account in connecton with 'the Water System and all
chares and/or Asseents and resere fuds colleced by Grtor relatig to the Water Sysem
shwl be deposited therei and revenue in excess of paid operation and maitence costs Shall be
AMED AN RESTATE MASTE DECLATION - 18
. .
held in resere for futu capitW expeditues. When ownerp of the Water Sysem is trfered
subject to the provisions of Section 9.12, Grtor shall trsfer such ban account and all fuds
depsited therein to the new Water System Ower in the maner agr by Grantor and the new
Water System Ower.
9.3 Financial Recrds and Audits. The Water System Ower may arge perodic
th par fiancial audits of the Water Sysem financial rerds.
9.4 Liabilty Insuce. The Water System Ower shal obtai liabilty insurce for
the Water System.
9.5 Backfow Sysems and Assemblies. Each 4lt shall be equipped with approved
backflow preention systems and assemblies. All backflow prevention asseblies inalled on any
Lot must be listed in the most rect edtion of the Univerity of Calforna Foundation for Crss-
Connection Control and Hydulic Researh. The backfow prevention syte and assembly must
be instWled on the residential serce line after the water meter and pror to addig connecons to
the residentiw serce line. It shwl be the reonsibilty of each Lot Ower, at such Lot Ower's
sole cost and expee, to promptly replace any backfow prevention system and asembly existg
on any Lot that is no longer listed on the foregoing list of appoved backflow prevention sytems
. and assemblies. Each Lot Ower, at such Lot Ower's sole cost and expese, shall enur the
correct operation of the backflow prevention syste and assembly on such Lot. åid sh.all.tes the , . .
fuctonig of the backfowpreventionsystem and assembly at leatanualYand reprt the reult
- of.such testig to the Water System Ower. ..Testig must be perormed by a backfow assembly
tester liceed by the State of Idaho: .'
9.6 WaterQuwity. The source wàte quaity associated .with the public drnkg water
system meet all stte and feder prar drnkng water stadar. It sha1be noted th the water
has bee classified as modertely agssive and may cause corrsion of metallic plumbing fixtu
and fitting. The potential for corrsion with the water distrbution system may caus the water
sysem to complete additiona lead and coer tesg in the futu.
All public water sysems must be evwuated to detere if corrsion contrl treatment is
needed. As with wi other potential contaants, the developer is respnsible for the testig and
possible treatment, but the ting is different for leadcopper testig. Whle source testing ca
indicate if cosion is likely to be a problem, fial testig can only be completed in prvate homes
afer the public dring water system and house plumbing have stabilzed afer one yea of use.
Nevereless, the intiw owner, the developer in ths cae, is respnsible for water quaity testing at
the appropriate time, and then providig treatment if reuired by stte rues. Test rests mus be
submitted to DEQ with fiftee (15) month afer the fift home is occpied. Five (5) homes must
be tested if the sytem will eventuly sere less than one hundred (loo) homes. Ten (l0) homes
must be tested if the system wil eventually see one hundred (100) to five hundred (500) homes.
Contact DEQ for a deteration on when to test the next five (5) homes (depends on how quickly
the homes are beig built). The owner of the water system mus obtan pession frm
homeowner to take the tests in the homes and it may be advisable to wrte tht prvision into the
swe agreeents and/or one of the homeowner's association docuents.
AMED AN RESTATE MATE DECLARTION - 19
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The source water as measur is clasified as moderately had and may requie home water
softener to reuce scaing and soap sc. It wil be the responsbilty of the individual homeowner
to deterine if a water softener is neeed.
9.7 Easement for Maintence. The Grtor and its successors shall have a peranent
easement to go upon the Building Lots and/or Common Ara in Arwrck Ranch to opete and
perorm maitenance in connecon with the Water Sysem, which opertion and maitence is
fuer descrbed in that cer Options Manum for Arwrock Ranch Water on file with
Grtor, the Association and the Idaho Deparent of Envionmental Qualty.
9.8 Access to Water System Faclities. Access to Water Sysem wells, pup houses,
and other facilties shall be rescted to the Water Sysem Ower and authorized rereentatives and
contrctors of the Water System. Such facilities shall be excluded frm any Common Ar acces
rights held by LotOwer.Ifthe Association becomes the Water System Ower, Lot Owers) will .
not have access to Water System facilties tmess the governg board of the Association has
designate the Lot Owers) as an authoried representative of the Water System.
9.9 No Se,arate WaterSuply. No septe or individum water suply system,
regaress of the proposed use of the water to be deliver .by such sys, shwl be petted ôn
any Building Lot uness such system is appved by all goverent authorties havig jursdicton.
includig, .withQut limitation, the Idaho Deparent ofEuvironmentw Quity, and designed ".
10catedê9nstrcted and equipped in accrdce with the requiements, stadads and
receadatioÍ1.ofGrtor,so long as Grtor is the owner of the' Water System, andthereaer;. ,a ',' ,
by the Board. No Ower may disconnec frm the Water.Systei without approvw by Grtor,.so', '
long as GrantQr is the owner of the Water Sysem, and thereafter by the Board; prvided; howevèr;
even if an Own recves. pession to disconnec frm the Water System, such Ower shall
remai. responsible for any and allcbatges for the Water System in connecon with such Ower's
Building Lot.
9.10 Protection of Water Supply. Water Sysem Ower shall take reonable meaurs
to protec any and all wellheads serng the Water System includig, without limitation:
9.10.1 No Parkig or Chemcal Storage. No parg of equipment or vehicles,
storae of pescides, herbicides, ferlize, peleu product or other toxic or haardous
inaterws shall be pertted with a fift (50) foot radius of the wellhea;
9.10.2 No Petleu Products.. Petroleum products and other chemcas shl
not be used on roads with fift (50) feet of the wellhead;
9.10.3 No Standing Water. No stading water or storm water ruoff shall be
pertted with a fift (50Jfoot raius of the wellhea; and
9.10.4 Compliance of Water Facilities. Design and constrctop of wi water
facilities in the Subdiyision shil be in compliance with wi Idaho Dearent of
Environmenta Quwity and Idaho Deparent of Water Resources stadads established to
AMED AN RESTATED MATER DECLATION - 20
mize thepotentiw for grundwater containation includig IDAPA 37.03.09 - "Well
Constrction Stadards," and IDAP A 58.01-08-550 - "Design Stadards for Public Water
Systems."
9.11 Tenation of Serce. With prope water user notification, Grtor or the Water
System owner may deny or terate water serce for one of the followig rens:
9.11.1 Denyig or wilfuy prventing access to water facilities.
9.11.2 Repeatedy exceg the per water us consuption limt as detered
by the Board.
9. i 1.3 Repeated violating the policies and proceures of the Association
concerg water use.
9.11.5 Failure to repai leas for which water use is reponsible in a timely
To prevent a violation of loca, state or feder health coes.
9.12.. Trafer of Water Sys. Dug the development phase of the prjec, the Water
System shall beownedhy Grantor; providedhowever~ Grtor, in its sole:discrtion,shWLconvey.
.' .fee.siinple title to.the Water. System to th Association or other public or pnvate entity ('tother
Water Providet') following Grtor's receipt of wrtten authorization for such trfer frm the
Idao Deparent of Envinmental Quity. Modfications to Water System faciities for the
puroses of prviding water serce to neay developents shwl he made at the sole expene of the.
Grtor. If the Water System will be transfered to an entity other than the Association,
docmentation of the other Water Provider's techncal, ficial, and manageral capacity to opete
the Water System must be provided to DEQ prior to the trfer. The Grtor may trsfer
ownerhip of the Water System afer 90 pecent (90%) of lots withn the suhdivision have requested
water serce.
In the event the Water Sysem is trfered to the Association or other Water Provider, as
the cas may he, Grtor shall notify the Association or other Water Provider, as the cae may be, in
wrtig of the transfer and the Association or other Water Provider, as the cae may he, shal be
responsible for the ownerhip, operon and mantenance of the Water System. When Grtor
trsfer the Water System to the Association or other Water Provider, as the cae may be, such
trfer shwl be free and clear of wi encmbraces and lien, except curt real prope taxes that
shwl he prorated to the date of such trsfer, reerations, covenants, conditions and retrctons
then of recrd including those set fort in ths Declartion.
AMED AN RESTATE MATE DECLATION - 21
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When Grtor trsfer the Water Sysem to the Assoiation or other Water Provider, as the
case may be, the Assocation or other Water Prvider, as aplicale, shal contact the Idao
Deparent of Water Resurces, Wester Regional Offce, to arge for any and all water rights
appurent to the Water System to be assigned to the Association or other Water Provider, as
aplicable. If any water rights appurenat to the Water System have not bee licened the Grtor
shall contact the Idaho Dearent of Water Resources, Wester Regiona Offce, to arge for any
and all pets appurenant to the Water System to be asigned to the Association or other Water
Provider, as applicable.
If the trsfer of the Water System to the Association or other Water Prvider, as the cas
may be, oc pror to' corrosion contrl trtment evaluation, Grantor shall be responsible for all
corrosion control testig and trtment costs.
If Grtor ha trfer the Water System to the Association, the Association shwl have
the right to transfer, sell or convey the Wate System to a public or prvate entity~ conditioned only
upon renable assurces tht the Water Sysem shwl be owned, opeted and maintaed in. a
maner that shall prvide serce frm the Water System to. Ower on a contiuig basis with
quaty of serce equal to the Communty-Wide Stada, and serce that mees WI aplicable
govementalaws, ordance and reguations. For puses of ths Arcle IX Grtorisherby
appointed and made attorney-in-fact for the Association, with ful power of attorney to consumate
any such tranfer of the Water System.
If the Water Sysem is trsfered to the Asociation, and if the Association is
conteiplatig disslution durng any tie that the ASSciation own and opeates the Water
System, the Association shall contact the Idao Dearent of Envinmental Quity. The
Association shall contrct with an entity apvedin wrting by the Idao Deparent of
Envinmenta Quty to own and operate the Water System~ pror to the Association's dissolution.
Dug any time that the Association owns and opertes the Water System, the Association shal not
dissolve without wrtten approval of the Idaho Deparent of Environmenta Quality.
If Grantor does not convey the Water Sysem to the Association or other Wate Prvider,
Grtor shall have the right to trfer, sell or convey the Water System to a public or private entity,
conditioned only uponapprovw in wrtig by the Idao Dearent of Environmenta Quity and
reasonable assurances that the Water System shall be owned operted and maitaed in a maner
that shal provide serice frm the Water System to Ower on a contiuig basis with goo quaity
of sece that meets all aplicable govementw laws, ordiances and reguations. No trfer of
the Water Sysem shall occ unti the Idao Deparent of Environmenta Quty has cefied tht
the existig Water System is in substatial compliance with stte laws, reguations and/or rues.
If Grtor trsfer ownerhip of the Water Sysem to the Association, the Assocation shall
collec Reguar Assesents, and may collec Limited Assesments, as set fort in Secon 9.2. The
amount of such Assessments shal be reviewed anualy by the Association, and may be adjusted
anually based on act operation an maintence expees and prjeced futue capita
expenditu. Such Assesments shal include a reonable rese amount for futue capita
expenditues for facities maitenance and replaceent. If Grtor tranfer ownerhip of the
AMED AN RETATED MATER DECLATION - 22
Water System to the Assocation, the Association shall maitan a separte ban account in
connection with the Water Sysem and al charges and/or Assessments and resere fuds colleced
by the Association relatig to the Water System shall be deposited therei, and revenue in excess of
paid option and maitence costs shall be held in resere for futue capital expenditues.
If Grtor transfer ownerhip of the Water Sysem to another Water Provider, such other
Water Provider may prpose an alterative rate strctu, accountig procedur, and/or audtig
proceures, conditioned only upon approvw in wrting by the Idaho Deparent of Environmenta
Quity and reasonable asurce that the Water Sysem shal be owned, operted and maitaed
in a maner tht shwl provide sece from the Water System to Ower on a contiuing basis with
good quality of serce that mee all applicable goverenta laws, ordiance and reguations.
ARTICLE X: ASSESSMENT
10.1 Covenant to Pay Assessments. By acctance of a dee to any proper in
Arowrock Ranch Subdivision, each Ower of such prope herby covenants and agrees to pay
when due al Assessments or charges made by the Association, including al Reguar, Speciw and
Limted Assessments and chages made agait such Owner puruat to the provisions of ths
Amended Declaration or other applicable instrent.
i 0.1; i Asseent Constitutes Lien. Such Assessments and chares together
with interest, costs and reaonable attrney fees which may be incued in collectg the
same, shallbe a charge on the land and shall be a contiuig lien upon tht propeagait
. which each such Assessmentor chage iSl1ade.
10.1.2 Assessment is Perona Obligation.. EachsuchAssessment, togeterwith
interest, costs and reasonably attorney fee, shal also be the perona obligation of the
Ower of such proper beginng with the time when the Assessment fals due. The
peonal obligation for deliquent Assesments shall not pass to such Owers successors in
title uness expressly assed by them but shal remai such Ower's pena obligation
regadless of whether he remai an Owner.
10.2 Rçguar Assessments. Al Ower, includig the Grtor, ar obligated to pay
Reguar Assessments to the trur of the Assoiation on a schedule of payments established by
the Boar.
10.2.1 Puse of Reguar Assessments. The procee frm Reguar
Assessments are to be used to pay for wi costs and expese incued by the Association,
including lega and attorney fee and other profesional fees, for the conduct of its af~
includg without limitation the cost and expeses of constrcton, improvement,
prtecon, maintence, reai, mangement and opetion of the Common Ar,
including all Imprvements located on such ar owned and/or manged and maitaed by
such Assoiation, and an amount allocated to an adequate resere fud to be used for
repai~ replaceent, maitence and improvement of those elements of the Common
AMED AN RESTATE MATE DECLATION - 23
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Area or other proper of the Assoaton tht must be relaced and mataned on a reguar
basis (collectvely "Expenes").
10.2.2 çomputation of Reguar Assessments. The Association shal compute
the amount ofitsExpes on an anua basis. The Boar shall copute the amount of
Reguar Assessments owed begig the fit day of the thd month followig the month
in which the closing of the fit sae of a Buildig Lot occued in Arwrck Ranch
Subdivision for the purses of the Assciation's Reguar Assessment ("Intiation Date").
Thereaer, the computation of Reguar Assements shal tae place not less th thrt (30)
nor more than sixty (60) days before the beginng of each fisca year of the Association.
The computation of the Reguar Assessment for the perod :f the Intiation Date until the
beginng of the next fisc yea shal be reduce by an amount which faily reflecs the fact
that such perod was less th one year.
10.2.3 Amounts Paid by Owner. The Board can reuie, in its discon or as
. provided in the Arcles or Bylaws, payment of Reguar Assessments in monthy, quaerly,
semi-anua or anua installments. The Reguar AsseSsment to be paid by any parcuar
Ower, including Grtor, for any given fiscwyear shal be computed as follows:
10.2.3.1 As to the Association's Reguar Assessment, each Ower
shwlbeàSsesSedand 'shall pay an mount computed by multiplying the
Associaton'stota advance estiate ofExpeíi by the fraction produced by
dividîngthe Building LOts attbutable to the Owner by the tota number of
Building LotS in the Prope.
10.3 Speal Assessments.
10.3.1 Purse and Prur; In the event tht the Board of the Association
shal deenine that its respecve Reguar Assessment for a given caendar yea is or wil be
inadequate to mee the Expenes of such Asciation for any reon, including but not
limited to costs of conscton, renstrction, unexpected reai or replacement of caita
improvements upon the Common Area attorney fee and/or litigation cost, other
professional fees, or for any other reaon, the Boar thereof shwl dete the approximate
amount necar to defry such Expees and levy a Speiw Assessment agains the
portons of the Prop with its jursdicton which shall be computed in the sae maner
as Reguar Assesents. No Specal Assesment shal be levied which exce twenty
pecent (20010) of the budgeted gross Expeses of such Assoiation for tht fisca year,
without.the vote or wrtten assent of the Ower reesentig a majority of the votes of the
Member of such Association. The Board shl, in its discreton, deterne the schedule
under which such Specal Assessment will be paid.
10.3.2 Consistent Bass of Assessment. Ever Spew Assessment leved by and
for the Association shall be leved and paid upon the sae basis as that prescrbed for the
levg and payment of Reguar Asessments for such Association.
AMED AN RESTATED MASTE DECLTION - 24
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10.4 Limted Assessments. Notwthtandig the abve provisions with resec to
Reguar and Specal Assessments, a Boar may lev a Limted Assessment aga a Member as a
reedy to reibure the Association for costs incu in brging the Member and/or such
Membes Building Lot into compliance with the provisions of the goverg instrents for
Arwrock Rach Subdivision.
10.5 Uniform Rate of Assessment. Unless otherse speificaly provided herei
Reguar and Specal Assessments shal be fixed at a unform rate per Buildig Lot for all Member
of the Assoiation.
10.6 Assessment Perod. Unless otherse prvided in the Arcles or Bylaws, the
Assessment peod shall commence on Januar 1 of each year and terinate December 31 of the
yea in which the Intiation Date occ. The fi Assement shall be pr-rated accdig to the
number of month reaig in the fisca yea and shall be payale in equa monthy inlments.
10.7 Notice and Assessment Du Date. Ten (10) days pror wrtten notice of Reguar
and Special Assesments shall be sent to the Ower of ever Buildig Lot subject thero, and to
any pen in .possession of such Building Lot. The due dates for insallment payment of Reguar
Assessments and Speal Assessments shal be the fit day of each month uness some other due
date is established by the Boar. Each monthy instalment of the Reguar Assessent or Speial
Asesentshlbecome deliquent if not paid with ten (10), days afer the levythereo.f.Thei '
shallaccn with eah instalmeit tht is not paid with. thrt (30) days after the due date shall
. accre alate fee as set by the Board. The. Association måy brig an acton agaist thedelitquent ';
Ower and may foreclose the lien agat such Ownets Building Lot as more fuly provided her.
Each Ower is peronally liable for Assessments, togeter with all interest, cost and attomeyfee,'
and no Ower may exempt such Ower from such liabilty by a waiver of the use and enjo)lenfof
the Common Ar, or by leae or abandonment of such Owers Building Lot.
10.8 Estapl Cerficate. The Assciation, upon at leat twenty (20) days pror wrtten
request, shall execute, acknowledge and deliver to the par makg such reuest, a statement in
wrtig statig wheter or not, to the knowledge of the Association, a parcuar Buidig Lot Owner
is in defaut under the provisions of ths Amended Declartion, and fuer statig the dates to
which any Assessments have bee paid by the Ower. Any such cerficate deliver puruat to
ths pargrph 10.8 may be relied upon by any prspecve purchaser or mortgagee of the Owers
Building Lot. Reliance on such Cerficate may not extend to any default as to which the signor
shal.have had no act knowledge.
10.9 Specal Notice and Quoru Reguiements. Notwthstading anytg to the
contrar contaed in either the Bylaws or the Arcles, wrtten notice of any meeg called for the
purse of levyg a Speciw Assessment, or for the purse of obtanig a memberhip vote in
connecon with an increae in the Reguar Assesment, shal be set to all Member of the
Association and to any peron in possesion of a Building Lot in the applicable Tract not less than
fiftee (15) days nor more than th (30) days before such meeg. At the fi such meetig
caled, the presence of Member or of proxies entitled to cas sixty percet (60%) of the tota votes
of the Assciation sha constute a quoru. If such quoru is not present, subsequent meetigs
AMED AN RESTATE MATE DECLATION - 25
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may be caled subjec to the sae notice requiement, and the required quoru at the subseqent
meengs shal be fift percet (50%) of the quoru reuied at the precing meeg. No such
subseuent meetig shall be held more than th (30) days followig the preg meeg.
ARTICLE XI: ENFORCEME OF ASSESSME; LIES
11.1 Right to Enforc~ The Association has the right to collec and enforce its
Asessments purt to the provisions hereof. Each Owner of a Buildig Lot, upon becmig an
Owner of such Building Lot, shall be deeed to covenant and agree to pay each and ever
Assessment prvided for in ths Amended Declartion and ag to the enforceent of all
Assesents in the maner herein spified. In the event an attorney or attrney are employed for
the collecon of any Assessment, whether by suit or otherse, or to enforce compliance with or
specficpeonnance of the ters and conditions of ths Amended Declaration, each Owner agr
to pay reanale attorney fees in addition to any other relief or reedy obtaied agaist such
Ower. The Boar or its authorized rereentative may enforce the obligations of the Owner to
pay such Assessments by commencement and maintence of a suit at law or in equity, or tleBoar
may exerise the power.offorelosur and sale purt to pargrph 11.3 to enforc the lien
created hereby. .. A suit to recver.a moneyjudent for an unpaid Assesment shall.be
mantaiable without foreclosing or waiVIgthe lien hereiafter provided.
). 1'.2 . AsSessent Lien.t.
..~. '.': ..11.2.1 çretion.Therisherbycreated a claioflien with power of sale oru
eaçhand eyer13uilding Lot to sece payment of anY and al Assessments levied against.
such.Bui1~ing Lot puruiut to ..t¥s Amended Declartion togeter with intet .therean .at
the maxmum rate peritted by law. and all. costs of collection which may be paid or
incii by the Association måkg the Assessment in connecon therewth, including
reaonable attorney fee. All sums assessed in accrdace with the provisions of ths
Amended Declartion shall constitute a lien on such resve Building Lots upon
rerdation of a clai of lien with theAda County Recorder. Such lien shall be prior and
superor to all other lien or clai created subsequent to the rerdtion of the notice of
delinquency and claim of lien except for ta lien for rea prope taes on any Buildig
Lot and Assessments on any Building Lot in favor of any muncipal or other goverental
assessing body which, by law, would be supeor thero.
11.2.2 Clai of Lien. Upon default of any Ower in the payment of any
Reguar, Speciw or Limted Assessment issued hereuder, the Association may cause to be
recrded in the offce of the Ada County Recrder a claim of lien. The clai of lien shall
state the amount of such delinquent su and other authoried charges (includg the cost
of recording such notice), a suffcient descrption of the Buidig Lot(s) aganst which the
same have bee assessed and the name of the recrd Ower thereof. Each delinquency
shal constitute a separte basis for a notice and claim of lien, but any number of defaults
may be included with a single notice and clai of lien. Upon payment to the Asiaton
of such delinquent su and chages in connecon therewth or other satisfacon therf,
the Association shwl cause to be rerded a fuer notice statig the satisfaction of relief of
such delinquent sus and chares. The Association may demand and reve the cost of
prearg and recording such releae before rerdig the sae.
AMED AN RESTATE MASTE DECLATION - 26
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11.3 Metod of Foreclosure. Such lien may be foreclose by apopriate acton in cour
or by sale by the Asation establishg the Assessment, its atorney or other per authorized to
make the sale. Such sae shal be conducted in accoance with the prvisions of the Idaho Code
applicale to the exerse of power of sale pertted by law. The Board is herby authorzed to
appoint its attorney, any offcer or direcor of the Asiation, or any title company authoried to do
business in Idao as trtee for the purse of conductg such power of swe or foreclosur.
11.4 Reuire Notice. Notwthtading anytng contaed in ths Amended
Declartion to the contr, no action may be brought to foreclose the lien crted by rerdtion of
the notice of delinquency and claim of lien, wheter judicially, bypower of sale or otherse, until
the expiration of thrt (30) days afer a copy of such claim of lien has been depsited in the United
States mal, cefied or register, postage preaid, to the Ower of the Buildig Lot(s) descrbed in
such notice of delinquency and claim of lien and to the pen in possession of such Building
Lot(s), and a copy therf is recrded by the Association in the Offce of the Ada County Recer.
11.5 Subordination to Cer Trut Dees. The lien for the Assesents prvided for
her ii connecon with a given Buìldig Lot shWl not be subordinte to the lien of any dee of
trst or mortgage except the lien of a first dee of trt or fit mortgage given and made in goo
faith and for value that is of rerd as an encubrance agai such Buildig Lot pror to the
recodation of a claimoflien for the Assesrnents. . Excet as expressly prvided in pargraphTL6 .
with respect to a first mortgagee who acquirs title to a Buildig Lot, the sae or trsfer of any
Building Lot shwl not affect the AsseSsment lien!provided for herei, nor the creation therfbY'the .
recordation .ófa clai of lien on accunt of the Assessments becomig due wheter before; on.; or'
afterthedaeof such sae or trfer, nor shall such 'saleortransfer diinsh or defeat the penal.'.
obligation ofaby OWer for delúiquent Assessrnents as provided for in ths Amended Declartiòn. .
11..6 Rights of Mortgagees. Notwthstanding any other provision of ths Amended
Declaration, no amendment of ths Amended Declaration sh operte to defeat the rights of the
Beneficiar under any deed of tr upon a Buildig Lot made in good faith and for vwue, and
recrded pror to the recrdation of such amendment, provided that afer the foreclosu of any such
deed of trt such Buiding Lot shall remai sujec to ths Amended Declartion as amended.
ARTICLE XT: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
12.1 Members Right of Ineçtin. The memberp register, books of account and
minutes of meeting of the Board and coinittee of the Assocation shWl be made avaiable for
inspeon and copying by any Member of the Association or by such Member's duly appointe
repreentatives at any reasonable tie and for a purse reaonably related to such Membes
interest as a Member at the offce of the Associaton or at such other place as the Boar of such
Assoation shwl prescrbe. No Member or any other pern shal copy the memberhip register for
the purose of solicitation of or direct mailing to any Member of the Assoation.
12.2 Rules Regarding Inspeon of Books and Record. The Board shWl estalish
reasnable rues with res to:
12.2.1 Notice to be given to the cuodan of the rerds by the pes desirg
to make the inon.
AMED AN RETATED MATER DECLATION - 27
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12.2.2 Hour and days of the week when such an inspeon may be made.
12.2.3 Payment of the cost of reproucing copies of docwents reuested
purt to ths Arcle XI.
12.3 Dictors Rights oflnon. Ever direor shal have the absolute right at any
reaonable tie to inpect all books, recrd and documents of the Association, and the physica
properes owned or contrlled by the Association. The right of inpecton by a'direcor includes the
right to make extrct and copies of docwents.
ARTICLE XII: ARCHITECT COMMITE
13.1 Creation. Withn th (30) days of the date on which the Grtor fi conveys a
Building Lot to an Ower, Grtor shal appint thee (3) individuals to see on Arowrck Ranch
Subdivision Architectu Commttee ("Architect Committee"). Each member shal hold offce
until such tie as such member ha resigned or has been removed, or such members succssor has
bee appointed, as provided hern. A member of the Arhitect Commttee need not be an
. Ower.' Membe of the .Arhitectu Commttee may be reoved by the pen orentity
appintig them at any tie vvthout cause.
. 13.2 Grtor's Right of Appotment. At ~ytie, .andfrom tie. to time, priorto.ten,
(10) Yea. after the rerding date of ths AiendedDeclaration in which Grtoris the Ower of'
."anyoftheProper, Grtor shwlhave thc'exclusiverighttoappoint an remvewlmeibêrofthe
Arhitectu Comiittee. At all otlertimes, the Association, Boar shall havetherighttoappoiiit
and remove all member of the Arhitectw Commttee; .', If a vacacy on the Architecal
Commttee.oce and a penanent replaceent has not yet bee appointed, Grtor or the Board,
as .the cae may be, may appoint an actng member to sere for a specfied temporar peod not to
exce one (1) yea.
13.3 Review ofPrased Constrction. The Arhitec Commttee shwl consider
and act upon any and all proposals or plans and spfications submitted for its approva purt to
ths Amended Declartion, and peorm such other duties as from tie to tie shall be asigned to it
by the Boar, including the insecon of constrcton in prgrss to assure its conformance with
plan approved by the Architectual Committee. The Boar shal have the power to deterine, by
rue or other wrtten designation consistent with ths Amended Delartion, which tys of
Improvements shall be submitted for Arhitec Committee review and approval. The
Arhitectu Commttee shwl have the power to hire an arhitect licese with the State ofIdao,
to assist the Arhitectu Committee in its revew of prposas or plan and spifications
submitted to the Arhitectuw Commttee. The Arcmtec Commtt shwl apprve prposals or
plans and spifications submitted for its appoval only if it dees that the conscton, alterations
or additions. contemplated thereby in the locations inicated wil not be detrentW to. the habitat of
the Common Area, or appce of the surung ar of the Proper as a whole, that the
appce of any strctue affected thereby will be in harony with the suundig strct, and
that the upkee and maintenance therf will not becme a burden on the Association.
AMED AN RESTATE MATER DECLATION - 28
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13.3.1 Conditions on Anprovl. The Architect Comttee may condition its
approval of proposas or plans and specifications upon such chages therei as it dee
approprate, and/or upon the agrement of the Ower submittg the same ("Applicat") to
grant appropnate eaents to the Assocation for the maintenance thereof, and/or upon the
agrement of the Applicat to rembure the Asation for the cost of maintence, and
may reuie submission of additionw plans and spefications or other information before
approvig or disapproving materal submtted.
13.3.2 Architec çommtt Rules and Fee. The Arhitect Commttee
wso may establish rues and/or gudelines settg fort procedur for and the requied
content of the applications and plan submtted for appval. Such rues may require a fee
to accompay each application for approvals or additional factors which it will take into
consdertion in reviewng submssions. The Architectu Committee shal detere the
amount of such fee in a reasonable maner. Such fees shal be used to defray the costs and
expenses of the Architec Commttee, including the cost and expense of hirig an
architec licensed by the StateofIdao, as prvided above, or for such other purses as
established by the Board, and such fee shal be refudable to the extent not expeded for the
.. purses herein state.
Such rues. and gudelines may establish, without limtation, specfic rues and
,l'egLatio11l'egarding d~ign¿and style elements, lindscapingind.fences indotler stlets
. such as anma. enclosues as well as specal architecural gudelines aplicable to Buidin.g ...;,
Lots .locatedadjacentto public and/or prvate ope space,; .
13.3.3 Detled plans. TIe Arhitec Commttee may require such detl in
plan ind specificatiom submtted for its review as it dees proper, includng,. without
limitation, floor plan, site plans, landscae plans, draige plans, elevaton drawigs and
descnptions or saples of exteror materal and colors. Until rept by the Archite
Commttee of any require plan and specifications, the Arhitectu Comttee may
postpne review of any plan submitted for apprval.
13.3.4 Architec Commttee Decsions. Decsions of the Arhitec
Commttee and the reasns therfor shall be trmitted by the Archite Commttee to
the Applicat at the address set fort in the application for approval withn thrt (30) days
.afer filing w1 materals reui by the Architec Commttee. Any materals submitted
puruant to ths Arcle XI shwl be deeed approved uness wntten disappvw by the
Architec Commttee shal have bee mailed to the Applicat withn thrt (30) days
afer the date of fiing. said materals with the Architecw Committee.
13.4 Meegs of tbe Arhitect Comttee. The Architeal Commttee shall
meet from time to time as necessar to perorm its duties hereuder. The Arhitectu Commttee
may frm tie to time by reolution unously adopted in wrtig, designte a Arhitec
Commttee rereentative (who may, but nee not be one of its member) to tae any acton or
perorm any duties for and on behwf of the Arhitec Commttee, exce the grtig of
varance puruat to parph 13.9. In the absence of such designtion, the vote of any two (2)
AMED AN RESTATE MASTER DECLATION - 29
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member of the Arhitectu Commttee, or the wrtten consent of any two (2) member of the
Arhitecl Commttee taen without a meeg, shall constute an act of the Architec
Commttee.
13.5 No Waiver of Futu Apprvals. The apoval of the Arhite Commttee of
any proposalsor;plans and specifications or drwigs for any work done or prosed, or in
connecon with any other matter reuig the appoval and cosent of the Arhitec
Committee, shall not be deeed to consttute a waiver of any right to withold approval or const
as to any similar proposas, plans and spefications, drwings' or matter whatever subseuently or
additionaly submitted for approval or conset.
13.6 çompensation of Member. The member of the Architec Commttee shall
reve no compesation for servce redered, other th remburement for expees incur by
them in the perormance of their duties herunder and excet as otherse agree by the Boar.
J3.7 Inspection of Work, Inon of work and corron of defec therin shall
prce as follows:
13.7.1 Upon the completion of any work for which approved plan ar reqred
under ths Arcle xm, the Ower shall give wrtten notice of completon to the
..Arçhitectural Committee.
, 13;7.2 With sixty (60) days thereaer, the Arhitectural Committeeoritsduy'
authorized reresentative may inpect such ImplPvement. If the Arhitec Commttee
,findsthat such work was not done insubstatial compliance with the approved plan, it
shwl notify the Owner in wrting of such non-compliance withn such sixty (60) day perod
specifyng the parcuar noncompliance, and shWi reuire the Ower to reedy the sae.
13.7.3 If upon the expition of thrt (30) days frm the date of such
notification, or any longer time the Arhite Commttee deteres to be renable,
the Ower shall have failed to remedy such noncompliance, the Arhitectu Committee
shl notify the Board in wrtig of such faiure. Upon notice and heang, as prvided in
the Bylaws, the Board shall detere whether ther is a noncompliance and, if so, the
natu thereof and the estiated cost of cocting or removig the sae. If a
noncompliance exists, the Ower shall remedy or remove the same with a perod of not
more than fort-five (45) days from the dae of the anounceent of the Board ruing uness
the Boar specfies a longer tie as reasonable. If the Ower doe not comply with the
Boar ruing with such perod, the Board, at its option, may either reove the
noncomplying improvement or remedy the noncompliance, and the Owner shwl rembure
the Association, upn demand, for wi expeses incued in connection therwith. If such
expenes ar not prmptly repaid by the Ower to the Association, the Board shWllevy a
Limted Assessment agastsuch Owner for reiburement pursuat to ths Amended
Declartion.
AMNDED AN RESTATE MATE DECLATION - 30
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13.7.4 If for any reason the Arhitectal Committee fails to notify the Ower of
any noncompliance with sixty (60) days afer rept of the wrtten notice of completon
from the Ower, the work shal be deeed to be in accrdance with the approved plans.
13.8 Non-Liability of Architec Committee Meibe. Neither the Architec
Committee nor any member therf, nor its duly authorized Arhitec Commtt repesentative,
shall be liable to the Association, or to any Ower or Grtee for any loss, daage or injur arsing
out of or in any way connected with the perormance of the Arhitec Commttee's duties
hereuder, uness due to the wilfu misconduct or bad faith of the Arhitec Commttee.... The
Architec Commttee shwl revew and approve or disapprove WI plan submtted to it for any
prpose improvement, altertion or addition, solely on the bais of aesthetic considertions and the
overall benefit or detent which would rest to the imediate vicinity and to the Prpe
generly. The Architect Committee shall take into considertion the aesthetc aspes of the
arhitec design, placeent of buidig, landscaping, color schemes, exteror fishes and
materals' and simlar featues, but sha not be resnsible for revewg,. nor shal its aproval of
any plan or design be deeed approval of any plan or design fr the stadpoint of stct saet
or conformance with buildig or other codes.
13.9 Varance. The Architec Commttee may authorie varance frm
compliance with any of the architect prvisions of ths Amended Declartion, including
resctons upn height~;size,floor ar or placeent of strct, or similar restrctons, when
circuce such as topography, natu obstrctons, harship, aethetc or envinmental...
conSidertions 1lay:ree. . However no varaneewil be grtedforconstiction ofstrctor
Inprovements, ittcluditg without limitation mancued Jawn, in theCoinon Areas. Such
varances must be evdenced in writig, must be signed by at leat two (2) member of the
Architec Commttee, and shwl becme effecve upon reordation in the offce of the County.
Recrder of Ada County. If such varances ar grted, no violation of the covenants, conditiottsor
retrctons contaed in ths Amended Declartion sha be deeed to have occued with respect to
the matter for which the varance was grted. The grting of such a varance shwl not operte to
waive any of the tens and provisions of ths Amended Declaration for any purse except asto the
parcular Building Lot and parcuar provision herf covered by the varance, nor shall it affecin
any way the Ower's obligation to comply with all goverental laws and regulations afectig
such Ower's use of the Buildig Lot, includg but not limited to zonig ordnance or
reuients imposed by any goverental or muncipal authority.
ARTICLE XN: EASEMENTS
14.1 Easements ofEncroachient. Ther shwlbe recpr àpurenant eaements of
encrachment as beee eah Buildig Lot and such porton or portons of the Comon Area
adjacet thero or as beee adjacet Building Lots due to . the unwillful placeent or seing or
shiftg of the Improvements includig but not limted to strctues, walays, bike path,
sidewal and driveways constrcted, recnstrcted or wter thereon in accordance with the tens
of ths Amended Declartion. Eaements of encrachment shWl be valid only so long as they exst,
and the rights and obligations of Ower shwl not be altered in any way beus of encrachments,
seting or shiftg of the Improvements; provided however, that in no event shall a valid eaement
AMED AN RESTATE MATE DECLATION - 31
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for encrachment occu due to the willfu act or acts of an Ower. In the event a stcte on any
Buidig Lot is parwly or totally destrye, and then reaired or rebuilt, the Ower of each
Buildig Lot agree that mior encrachments over adjoinng Building Lots that existed pror to the
encroachment may be recnstrcted purt to the eaement grted by ths pargrph 14.1.
14.2 Easements of Access. Grtor expresly reseres for the benefit of all the Proper
reiprocal easements of acs, ingr and egress for all Ower to and from thei resective
Building Lots for instalation and reair of utility serce, for drainage of water over, acrss and
upn adjacent Building Lots, and Common Ar, resutig frm the normal use of adjoinig
Buidig Lots or Con:on Areas, and for necessar maintence and repai of any Improvement
includig fencing, retg walls, lightig facilities, mailboxes and sidewalk abutments, tree and
landscaping. Such eaements may be us by Grtor, and by all Owners, thei guests, tenants and
invitees, reiding on or temporaly visiting the Proper, for peestran walays, vehicuar access
and such other puioses reaonably necsar for the use and enjoyment of a Bulding Lot or
Con:on Area.
14.3. Drnage and Utility Easements. Notwthstadig anytng exprsly or impliedy
contaned herein to the contrar, ths Amended Declartion sbWl be subject to all eaements
heretofore or herafter grted by Grtor for the instalation and maintence of utilities and
drge facilities that are reuired for the developent of the Proper. In adition, Grtor herby
reseres for the'benefit of any Associationtle right to 'grt addtiona easents á1drights-of-wây
over the Propefildlora Tract, àsapproprate, toutilitý companes and public agencies as
necessar or expeent for the prope developient of the Proper until close of escrow for theswe
of the 'last Buildig Lot in theProertoåpurcher.
14.3.1 Imtmvement of Drage and Utility Easent Ar. The Ower of
Buildig Lots are hereby restrcted and enjoined frm constrctg any Improvements upon
any drge or utility easement ar as shown on the Plat of Arowrck Ranch
Subdivision or otherse designated in any recorded docent which would interere with
or preent the eaement from beig used for such purose; provided however that the
Ower of such Building Lots and the Grtor, Association or designated entity with regar
to the landscaping eaement descrbed in ths Arcle XI, shwl be entitled to in and
maitan landscaping on such easement area, and wso shl be entitled to build and
maita fencig on such eaement ar subjec to approval by the Assoiation
Arhitecw Cottee, so long as the sae would not interer with or prevent the
easement aras from beg used for their intended purses; provided, that any damage
sustaied to Improvements on the eaement ar as a result oflegitiate use of the
eaement ar shall be the sole and exclusive obligation of the Ower of the Buildig Lot
whose Imprvements wer so damaged.
14.4 Rights and Duties Conceg Utiity Easements. The rights and duties of the
Ower of the Building Lots with the Proper with resec to utilities shWl be govered by the
followig:
AMED AN RESTATE MATER DECLTION - 32
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14.4.1 Wherever utility house connectons are inwled with the Prpe,
which connections or any portons therf lie in or upon Building Lots owned by an Ower
other than the Ower of the Buidig Lot sered by the connecons, the Ower of the
Building Lot sered by the connecons shWi have the right, and is hereby grted an
eaement to the full extent necessar therfor, to enter upon any Buildig Lot or to have
their agent enter upon any Building Lot with the Prope in or upn which said
connectons or any porton thereof lie, to repair, replace and generly maita the
connections .as and when it may be necsar.
14.42 Whenever utility hous connecons are instaed with the Proper,
which connecons sere more than one Building Lot, the Ower of each Building Lot
sered by the connectons shall be entitled to full use and enjoyment of such portons of said
connections as serce such Owers Buildig Lot
i 4.5 Drveway Easements. Whenever a drveway is installed with the Prope which
in whole or in par lies upon a Buildig Lot owned by an Owner other th the Ower of the
Buiding Lot sered or instaled to see more than one Building Lot, the Owner of each Building
Lot sered or to be sered by such drveway shl be entitled to ful use and enjoyment of such other
Building Lot as. required to serce such Owers Building.Lot or to repai, replace or maita such
drveway.
14.6 . Disputes asto Sharg of Costs. Jpthecwentofa dispute beteen Ower with
resptto the reair or rebuildig of utility connectionsorflveways, or with res to the sharg
of the cost therefor, upon wrtten reuest of one of such Ower addressed to the Association, the
matter shwl be submtted to the Board which shall deedethe dispute an, if apprpriate, make an
appropriat~ Assessment agains any or wi of the Owner involved on behalf of the prevailing
Owers), which Assessent shl be collected and enorce in the maner provided by ths
Amended Declaration for Limted Assessments.
14.7 Gener Ladspe Easement. An eaent is hereby reered to each apppriate
Associaton, its contrctors and agents, to enter those portons of Building Lots, for the pure of
instaling, maintang, relacg and retorig exteror landscaping, and natu vegetation and
habitat Such landscaping actvity shwl include, by way of ilustrtion and not of limitation, the
mowig oflawn, irgation, spriing, tr and shrb trmming and pnng, walay
improvement, seanal plantig and such other landscaping activities withn the Proper as such
Association shwl deterine to be necssar frm time to time.
14.8 Overhang Eaement There shall be an exclusive eaement apurent to each
Buildig Lot over the Common Area for overhanging eaves, and for any prjecons from the
buildings, which projectons shall not extend beyond the eave line.
14.9 Maitenance and Use East Beteen Walls and Lot Lines. Whenever the wWl
of a strcte, or a fence or retg wall, constrcted on a Building Lot under plan and
specifications appved by the Architecal Comttee is located withn th (3) fee of the lot
line of such Buildig Lot, the Ower of such Building Lot is hereby grted an eaement over and
AMED AN RESTATE MATE DECLTION - 33
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on the adjoing Buildig Lot (not to excee 3 fee frm the Building Lot line) for purse of
matag and repaig such wall or fence and eaves or other overhags, and the Ower of such
adjoing Building Lot is hereby grted an easement for landscaing purses over and on the area
lyig betwee the lot line and such strctu or fence so long as such use does not cause damage to
the strct offence.
ARTICLE XV: MISCELLAEOUS
15.1 Teim. The eaements created hereuder shall be peetal, subjec only to
extigushent by the holder of such eaements as prvided by law. The covenants, conditions,
restrctions and equitale sertues of ths Amened Declartion shall ru until October 1,2030,
uness amened as her prvided. After October 1, 2030, such covenants, conditions and
retrctons shall be automaticaly extended for succesive peods often (10) year each, unes
extingushed by a wrtten instrent executed by Member holdig at leas thfour (3/4) of
the voting power of the ASsoation and such wrtt instrent is recrded with the Ada County
Recrder. Furer provided that the Association shall not be dissolved without the pnor wrtten
appval of the Ada County Highway Distrct such consent not to be uneasnably witheld
provided that a responsible successor orgazation shl agree to perorm those maitence
responsibilties arsing from applicale city and county goverenta requients.
15;2;,i'By Grantor. Excet as provided in paragrph 15.3 below, until the
reordtionof th firSt dee to a Buiding Lot in the Prpe, the provisions of ths
. Amended Declartion may be ameide( modified clarfied, supplemented added to
(collecvely,;l1anendment'!)or terinated by Grtor by recrdation of a wrtten intrenf
setg fort such amendment or tertion. Any amendment affecng only a parcuar
Tract may be made by Grtor by an amendment to ths Amended Declartion at any tie
up to the recrdation of the first dee to a Building Lot in such Tract.
15.2.2 By Ower. Except where a grter percetage is reui by expres
provision in ths Amended Declartion, the provisions of ths Amended Declartion, other
than ths Arcle XV, any amendment shal be by an instrent in wrtig signed and
acknowledged by the president and seta of the Association cefyng and attestig that
such amendment has been apprved by the vote or wrtten consent of Ower representig
more than fift perent (50%) of the votes in the Association, and such amendment shal be
effecve upon its recrdation with the Ada County Recorder. Any amendment to ths
Arcle XVshwl reuie the vote or wrtten consent of Member holdig niety~five pert
(95%) of the votig power of the Assoation.
15.2.3 Effect ofAmdment. Any amendment of ths Amended Declaration
approved in the maner specfied above shl be bindig on and effective as to all Ower
and thei reve prpees notwthtading that such Ower may not have voted for or
consented to such amendment. Such amendments may add to and incr the covenants, .
conditions, restrctons and eaements applicale to the Proper but shall not prohibit or
AMED AN RESTATED MATER DECLATION ~ 34
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unasonably interere with the allowed uses of such Owers prope which existed pror
to the said amenent.
15.3 Mortgage Protecon. Notwthtandig any other prvision of ths Amended
Declartion, no amendment of ths Amended Declartion shal opete to defeat or render invalid
the rights of the beeficiar under any fit dee of trt upn a Building Lot made in good faith and
for vwue, and rerded prior to the rerdation of such amendment, prvided that after foreclosure
of any such first dee of trst such Building Lot sbWl reai suject to ths Amended Declaration,
as amended.
15.4 Notice. Any notices peitted or required to be delivered as provided hern shall
be in wrtig and may be delivered either peronally or by maiL. If deliver is made by mail, it shall
be deeed to have bee deliver seenty-two (72) hour afer the same has bee depsited in the
United States mail, postage prepaid, addressed to any peon at the addrs given by such pen to
the Assiation for the purse of serce of such notice, or to the residence ofsuch pern if no
addrs has bee given to the Association. Such addres may be chaged frm time to tie by
notice in wrting to the Association, as provided in ths pagrh 15.4.
15.5 Enorcet and Non-Waver.
15.5d Right of Enforcement. Excetas otherse provided herein, anyQwer
of any Buildiiig Lot shall have the right to enforc any or all of the provisions hereof agast
any prope withn the Proper and Ower therf..
155.2 Violations and Nuisaces. The failure of any Owner of aBuildig Lot to
coply with any prvision hereof, or with any provision of the Articles or Bylaws of any
Association, is hereby declar a nuisace and will give rise to a cause of acon in the
Grtor, the Association or any Ower Building Lot(s) with the Proper for recver of
daages orfor negative or affrmative injunctve relief or both. However, any other
provision to the contr notwthstanding, only Grtor, the Association, the Boar, or a
duly authorized agent of any of them may enforce by self-help any of the prvisions hereof
only if such self-help is pred by reonable notice to the Ower.
15.5.3 Violation of Law. Any violation of any state, muncipa or local law.
ordinance or reguation peraig to the ownerp, occpation or us of any pr
with the Prper is hereby declared to be a violation of ths Amended Delartion and
subjec to any or all of the enforcement proceur set fort in ths Amended Declartion
and any or all enforceent proures in law and equity.
15.5.4 Remedes Cuulatve. Each reedy prvided her is cuulative and
not exclusive;
15.5.5 Non-Waiver. The failur to enforce any of the provisions hern at any
time shall not constitute a waiver of the right to enforc any such provision.
AMED AN RESTATED MATE DECLTION - 35
15.6 Interetation. The provisions of ths Amended Delartion shall be libery
constred to effecate its purse of crting a unform plan for the developent and option of
the Prope. Ths Amended Declartion shall be constred and govered under the laws of the
State ofIdaho.
15.6.1 Restrctons Cons Togeer. Al of the provision herf shal be
libely constred togeter to promote and effecate the fudamental concets of the
development of the Proper as set fort in the retas of ths Amended Declartion.
15.6.2 Restrctons Severble. Notwithstading the prvisions of the foregoing
pargrph 15.6.1, each of the provisions of ths Amended Declartion shall be deeed
indepdent and severble, and the invaldity or paral invalidity of any prvision or
porton thereof shal not afec the vwidity or enforcebilty of any other prvision herei.
15.6.3 Singuar Includes Plural. Unless the context reui a contr
constcton, the singuar shll include the plur and the plural the singuar and the
mascuine, femine or neuter shal each including the masculine, feme and neuter.
15.6.4 çaptions. All captions and titles used in ths Amended Delartion ar
intended solely for convenence of reference and shall not afect that which is set fort in
(anyoftheprovisions hereof
15.7 Su,ors andAssigns. All reference herein to Grtor,eOwer, any
Association or peon shwlbe constred to include all successors, assign, parer and authzed
agents .0fsuchGrantor,Ower, Association or peon.
IN WITESS WHEREOF, Grtor has set its hand ths ~ day of Ocobe, 2005.
AROR RIGE, LLC,
an Idao limited liabilty company
AMED AN RETATE MATER DECLATION - 36
.~,*
STATE OF IDAHO )
) SSeCounty of Ada )
On ths ti~y of Ocober, 2005, before me, the underigned a Nota Public in and for
said state, pen yappeed GREGORY B. JOHNSON, known or identified to me to be the
Managig Member of Ar Ridge, LLC, the limted liabilty company that executed the intrent
or the pen who executed the instrent on behalf of said limited liabilty company, and
acknowledged to me tht such limted liabilty company exected the same.
IN WIESS WHEREOF, I have hereuto set my hand and afxed my offcial seal the day
and year. in ths ceficate fit above wrtten.
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AMED AN RESTATED MATER DECLATION - 37
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EXHIBITB
Ark Ranch Phae 1 - Irrgation Summary
Building Lot Area Approximate Remaining Watered Unwatere
(Square Feet)Hardscpè Square Feet Square Fee Square Feet
(Square Feet)
4 21,534 4,00 17,534 21,780 0
5 21,654 4,00 17,654 21,780 0
6 21,840 4,000 17,84 21,780 0
7 21,887 4,000 17,887 21,780 0
8 27,807 4,000 23,807 21,780 2,027
9 32,640 4,000 28,64 21,780 6,860
10 32,700 4,000 28,700 21,780 6,920
11 32,700 4,000 28,700 21,780 6,920
13 36,983 4,00 32,983 21,780 11,203
14 36,992 4,000 32,992 21,780 11,212
15 43,560 4,000 39,560 21,780 17,780
16 43,56 4,00 39,56 21,780 17,780
17 43,560 4,000 39,560 21,780 17,780
18 43,56 4,00 39,560 21,780 17,780
19 43,560 4,00 39,56 21,780 17,780
20 43,56 4,000 39,560 21,780 17,780
21 43,56 4,000 39,560 21,780 17,780
22 36,992 4,000 32,992 21,780 11,212
23 36,983 4,000 32,983 21,780 11,203
25 32,700 4,000 28,700 21,780 6,920
26 32,700 4,000 28,700 21,780 6,920
27 33,34 4,000 29,346 21,780 7,566
28 23,128 4,000 19,128 21,780 0
29 23,114 4,000 19,114 21,780 0
30 23,810 4,000 19,810 21,780 0
31 22,605 4,000 18,605 21,780 0
32 21,773 4,000 17,773 21,780 0
AMED AN RESTATE MATE DECTION - 42
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35 22,597 " 4,000 18,597 21,780 0
36 22,605 4;000 18,605 21,780 0
37 26,331 4,000 22,331 21,780 551
38 22,605 4,000 18,605 21,780 0 ,
39 24,278 4,000 20,278 21,780 0
40 33,728 4,00 29,728 21,780 7,94
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41 32,700 4,00 28,700 21,780 6,920
42 32,700 4,000 28,700 21,780 6,920
44 36,983 4,000 32,983 21,780 11,203
45 36,974 4,000 32,974 21,780 11,194
46 43,286 4,000 39,286 21,780 17,50 ,
47 37,673 4,000 33,673 21,780 11,893
48 43,286 4,00 39,286 21,780 17,506
49 36,974 4,000 32,974 21,780 11,194
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52 32,700 4,00 28,700 21,780 6.920 :,1,
53 32,700 4,000 28,700 21.780 6,920
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54 33,658 4,000 29,658 21,780 7,878
55 31,914 4,00 27,914 21,780 6,134 .,
,56 26,982 4,000 22,982 21,780 1,202
57 23,100 4,000 19,100 21,780 0 ,
58 22,605 4,00 18,605 21,780 0
59 22,578 4,00 18,578 21,780 0
Total Phase 1 Lots 36,515 Sq. Ft
AMED AN RETATE MASTE DECLARTION - 43
EXHIBITC
"AC GUIELINES"
Arwrok Rach Subdivision
AC GuideUnes
Descrition GuideUne
Minum Living Space (Single-Story)2,200 sq. ft.
Minimum Livig Space (Two-Story)1,200+ sq. ft. for mai floor, and not less than
2,400 sq. ft. tota
Setbacks Front: 30 ft; Sides: 20 ft.; Rea:40ft.
* setbacks apply to the residence and all other
strctes
Roofing Requiements 30 yea arhitec asphwt shigles, or beter
Roof Pitch 6/12 or better, or as approved, by the AC
Ladscape Requiements See pargrph 4.18
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Sprer Sysems , ,',Ful sprinkler systems "
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Garge Featu Detàched wlowed only with prior AC apPval;
must use sae materws and similar design as mai
'.residentiwstret
Shops & Sheds Allowed only with pror AC, appval; must use
same materals and similar design as main
reidential strcte
Recrtionw Vehicles Must be enclosed in gage or shop
Monument Yard Light No reuire, but encourged
,
Colored stpe concrete sidewalks, Accts on Encoured
drveway and as approved by AC
Basketball Hoops May not be attched to hous or strctue.
Oterise, as approved by AC
Fence Grtor shall provide taupe viyl fencig along the
Subdvision's pereter.Interal bounda fence
are discouraged but may be installed with pror AC
apval in the 5 ft. black powder coated wrught
iron design attched hereto as Exhbit D. Privac
fencig for pools and patios may be apprved in
advance by the AC in viyl, brick, stone or stucco.
AMED AN RESTATED MASTER DECLATION - 44
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After Recrding
Retumto:
ADA COUNT RECORDER J. DAVID NAVARRO AMOUNT 21.00 7
BOISE IDAHO 0222 02:03 PM
DEPUT NeavHaey 1111111111111111111111~I11111111111
RECDED-REQUEST OF 107025548
Spink Buller
Micae T. Spink
Spink Buter, LLP
P.O. Box 639
Boise 10 83701
FOR RECORDING INFORMAnON
FIRST AMENDMEN TO
AMENDED AND RESTATED MASTER DECLAnON OF
COVENANTS, CONDmONS AND RESTRICnONS
FOR
AROWROCK RACH SUBDIISION
This First Amendment to Amendd and Resta Maste Dearation of Covenants, Conditns
and RestrctionsfqrA,rrock Ranch Subdivision ("FltS Amendmen") is made efece as~th :22 '.
day Of February,. ~OO7,'by Powr Rier Deelopent, Inc., an ,Idahö cotin ("Grantor" and "Clas B
Member") as succssor:in-interest to Ar Ri, LLC, an Idaho limited liabilit company.
RECITALS:
A. Grantor is the ower of, or has an interet in, certin rel propert loced in Ada Conty,
Idahö, which real prpert is commonly kno as Arock Ranch Subdivsion ("Subdivsion"). The
Subdivisio is being develope in phas.
B. Pursuant to Section 15.2 of the Amended and Restated Master Declaratin of Coennts,
Conditions and Resrictions for the Subdivision ("Amended Maser Decion"), Grantor has the right to
amend the Amended Mate Decaratin, and any preious amendment thereto.
C. Grantor now desires to amend th Amended Master Decaration to add Ar Ranc
Subdivision NO.2 to the Propert, and to declare that Arock Ranc Subdivision No.2, and each lot,
parcel or pon there, is, andor shall be, hed, sold, conveyd, encumbere, hyptheced, leased,
used, occpi and imprved subject to the followng terms, coenants, conditins, eaents and
restricns set fort in th Amened Master Dearation as amended hereby.
D. Upon the recrding heeo, the terms and provisions set forh in th Amende Master
Decartin rerded on Octobr 18, 205, as Ada Conty Instrment No. 105156518, shal be amended
by the terms here.
NOW THEREFORE, Grantor hereby decares that the Prpe, and each lot, parcl or poion
thof, is and/or shall be held, sold, conveye, encumbe, hytheed, leaed, use, ocpi and
imprved subjec to th followng terms, covenants, condits, easements and restrns, all of whic
are decare and agre to be in furternce of a genel plan for th prtecion, maintenanc,
subdivsion, imprveent and sale of th Pr, and to enhance the value, desirbilit and
FIRST AMENDMENT TO AMENDED AND RESTATED MATER DECLATION OF COVENAS, CONDmONS
AND RESTRICTONS FOR ARROW ROCK RACH SUBDIVSION - 1
S:\P\lso, Gr\A Ra SU #2 (Po R1ve)\R\Frst Amenmen to CCR's (FI).doc
~~
. .
atttivene of the Prpert. The terms, covenant, coitons, easements and restons set for
heein: shall run with th land constitting th Propert, and with ea estate therin, and sha be bindin
upon all pens having or acquiring any right, title or interest in th Prope or any lot, parce or portio
theo; shall inure to the beneft of every lot, par or porton of the Propert and any interst theein; and
shall inure to the benefit of and be binding upon Grantor, Grantors succssrs in interest and ea
grantee,or Owr and such grantee's or Ows respeive succsso in interest, and may be enforc
by Grantor, by any Owr or such Owts succsors in interest, or by th Arock Ranc
Homeoers' Assoction, Inc.
1. The Amended Master Deti shall be amended to add a new phase to the Prpe
covered by th Amended Master Decarn as spelly added by ne paragraph 1.1.1 be:
rerct~~ ~e ';~ ~~~~~~r~~a~~~:tr=1:.,tø~ 1~~~ thr~Bo "tof Plats at pageS;;I?7'l5:i~l,/;throUgh i ~ J. ï 3' , res of Ada
Couri ,0. A copy of th finaipiãt is atehe hereto aslbi A The Common
Ara lots are as reflct on the final plt attch hereto as Exib A.
Upon th recrding he, the terms and provisions set for in the Amend Master Dearation,
rerded as Ada County Instrment NO.1 05156518, shall be amended by the ters hereof.
IN WITNESS WHEREOF, the undersign has cause this First Amendment to be duly execed
the day and year first above written.
GRAOR:
, POWDËRRIVR DEVELOPMEN. INC."
an Idahoèotion. as suec-ln-tert tò
Ar' . LLC, an laaho limited liait , ny
FIRST AMENDMENT TO AMENDED AND RESTATED MATER DECLATION OF COVENA, CONDITION
AND RESTRICTIONS FOR AROW ROCK RACH SUBDIVISION - 2
S:'PlJhn. Gr\A Ra SiAvlsl #2 (PO\er RJ)\R\F Amenen 10 CCR's (F'inl).d
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ACKNOWLËDGMENT
STATE OF IDAHO )
) SSeCounty of Ada )
.. ., rl
On this.! day of Febrar, 207, beore me, the underigned, a Nota Public in and for said
State, penally appre Gregry B. Johnson, kno or idntifed to me to be the Preident of Powr
River Development, Inc., th Idaho coporaion that exected the witin and foeging Instrument, or the
person who executed the Instrment on beha of said Idaho cotion, and acknowedge to me that
such Idaho coration exec th same.
IN WITNESS WHEREOF, I have hereunto set my hand and afixed my ofcil seal the day and
yer in this cete first aboe wren.
",'n......,"i "CA '"
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FIRST AMENDMENT TO AMENDED AND RESTATED MATER DECLATION OF COVENANTS, CONDITONS
AND RESTRICTIONS FOR ARROWROCK RANCH SUBDIVSION - 3
S:\O\J/l. Gr\A Raoc SUbM$løn #2 (Power R1ve)\\8 Amenmen to CC's (Fl).do
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EXHIBIT A
Se Att Final Rec Plat ofArk Ranch Subdivsion NO.2
:"t'
FIRST AMENDMENT TO AMENDED AND RESTATED MATER DECLATION OF COVENANTS, CONDITONS
AND RESTRICTIONS FOR ARROWROCK RACH SUBDIVISION - Exibi A
s:\PIJ, Gi\Ack Ranch SQn #2 (Po.. R1ve)\\F Amenmet to CCR's (F1nal).dø
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