20260226Comment_1.pdf

From: Cristina Jacuzzi <[e-mail]>
Sent:Wednesday, February 25, 2026 3:16 PM
To: secretary<[e-mail]>
Cc:Virginia Bradley<[e-mail]>; Dalila Martinez <[e-mail]>;
Rachel Bonilla <[e-mail]>; Dan Goodman <[e-mail]>
Subject: Fwd: Please review at your earliest convieince regarding Southshore 2 Comment
to be posted
Dear Secretary,
Please accept the attached public comment and supporting exhibits submitted by Cristina
Jacuzzi on behalf of Southshore Subdivision No. 2 Homeowners. Exhibit L includes a cover
Letter from counsel supporting this submission.
PUBLIC COMMENT
Southshore Subdivision No. 2—Domestic Water System Ownership and Operational
Control
Name of Entity seeking Utility Status: Southshore 2 Water Company LLC
Case ID: SSW-W-26-01
Submitted by:
Cristina Jacuzzi
On behalf of Southshore Subdivision No. 2 Homeowners
Please find my public comment and supporting exhibits attached, including Exhibit L, a
cover letter from counsel, submitted in support of this filing.
I. Original Subdivision Framework—Final Plat
The Final Plat of Southshore Subdivision No. 2 (Book 42, Page 23, Canyon County Records)
establishes the subdivision framework and common infrastructure.
The Plat:
• Identifies the subdivision as a 15-lot community;
• Reflects a community well located on HOA common area (as further reflected in
property warranty deed documentation);
• Does not reflect separation of the domestic water system from subdivision
governance;
• Reflects management under the HOA; and
• Does not disclose permanent privatization or monetization of the water system.
At no time during lot sales or HOA formation were homeowners formally notified that the
subdivision water right would be permanently separated from subdivision governance.
There is no record of:
• A homeowner vote;
• Recorded HOA authorization;
• Formal notice of privatization; or
• A CCR amendment vote authorizing conveyance of the water right.
1

II. Governance Timeline and 2017 Water Right Transfer
IDWR records reflect that Water Right No. 63-32259 was transferred on December 31,
2017, from Hubble Homes, LLC to Southshore 2 Water Company LLC, with the change
processed January 2, 2018.
HOA Governance Status at Time of Transfer
• The 1st homeowner board meeting occurred in March 2017.
• Declarant control had transitioned to homeowner governance.
• The HOA was actively operating under homeowner control throughout 2017.
Accordingly, the transfer of Water Right No. 63-32259 occurred after governance authority
had vested in the homeowners.
Lack of HOA Authorization
The HOA has located no record reflecting:
• Board approval of the transfer;
• Membership vote authorizing conveyance;
• Notice to homeowners of intent to transfer;
• Recorded assignment to the HOA;
• Meeting minutes reflecting disclosure;
• A Water System Management Agreement; or
• Any instrument evidencing HOA consent to permanent separation of the water right.
If the transfer occurred after turnover, it is unclear what authority existed for conveyance
absent HOA authorization.
II-A.Appurtenancy and Transfer of Water Right No. 63-32259
Water Right License No. 63-32259 (Priority Date: February 13, 2012) identifies the place of
use as Lots 1-16, Block 1, Southshore Subdivision No. 2, with the point of diversion located
within the subdivision.
The License expressly ties the water right to the platted subdivision lots.
While recorded CCRs contain provisions relating to the domestic water system, private
covenant language does not substitute for statutory water right transfer or severance
procedures under Idaho Code §42-222.
The HOA has located no record demonstrating that formal severance of appurtenancy was
completed through IDWR prior to the December 31, 2017 transfer.
Community members began requesting documentation in early 2018 regarding how and
when the water right was transferred.The response provided was that the water right was
" I just know they sold it and we bought it." in December 20120 by Mr. Martin, however, no
governance documentation has been produced demonstrating community notice,
approval, or compliance with subdivision governance procedures.
II-B. Scope of License and Place of Use Clarification
The License does not identify a separate service territory, external customer base, or off-
site place of use. Rather, the License description is confined to the subdivision lots
reflected on the recorded Final Plat.
The HOA respectfully requests clarification regarding:
• Whether the licensed place of use remains limited to the platted subdivision lots;
2

• Whether any amendment to the place of use has been approved by IDWR;
• Whether any change in ownership altered the appurtenant character of the water
right; and
• Whether the current asserted ownership is consistent with the License's defined
place of use and diversion location.
III. HOA Governance and Disclosure
Following transition to homeowner governance in March 2017, and subsequent
replacement of HOA management in July 2017, no disclosure was made that:
• The subdivision water right had been separated or would be separated;
• The system would operate as a privately controlled utility;
• A rate schedule would apply independent of HOA governance; or
• A lease agreement governed water service.
Meeting minutes reflect no discussion of water right separation during turnover
proceedings.
Additionally, DEQ records reflect that as of December, 2026, Ryan Martin remained listed
as HOA Manager for the Public Water System despite no longer serving in that capacity for
the HOA. DEQ records have never been updated since 2013.
This reflects administrative contact designation only and does not independently establish
Legal ownership.
IV. DEQ Ownership Records
DEQ correspondence confirms:
• No ownership-transfer documentation is on file;
• No Water System Management Agreement is on file;
• No ownership-change forms are on file; and
• No operator-change forms are on file.
The HOA respectfully requests clarification regarding:
• What documentation was relied upon for ownership designation;
• Whether lawful conveyance was verified; and
• Whether homeowner notification was required.
V. IDWR Record Disclaimer
IDWR database materials expressly state that entries are not independent determinations
of legal validity. Accordingly, listing alone should not be treated as conclusive proof of
Lawful ownership.
VI. Notarization and Conflict Concern
An instrument modifying water-related language regarding a water Utility company, in later
CCR amendments was notarized by the same individual who later became the asserted
owner and beneficiary of that change.
While no misconduct is alleged, the appearance of potential conflict warrants independent
review.
3

VII. Rate Authority and Billing Transparency
The HOA has:
• No executed contract;
• No signed lease agreement;
• No documented billing schedule prior to January 2026;
• First formal rate schedule received January 2026 via U.S. mail.
Expense reports reflect approximately$6,000 annually in accounting fees charged in-
house by a related party.
No documentation has been provided demonstrating:
• Lawful severance of the water right;
• Lawful authority to impose rates absent governing agreement;
• Statutory authority establishing rate-setting rights; or
• Recorded documentation aligning water right ownership with subdivision property
interests.
Rate authority should not be presumed while material ownership questions remain
unresolved.
Vill. Public Utilityvs. Private Monetization
Historical DEQ communications reflect that the original developer indicated reluctance to
operate as a public utility and represented that the system was being given to the HOA.
However, the system appears to have been:
• Administratively treated as a community water system; and
• Operationally treated as a privately controlled revenue-generating utility.
No documentation has been provided demonstrating how such separation was lawfully
accomplished.
IX. Entity Continuity and Regulatory Record Clarification
Engineering documentation identified Hendershot Construction, Inc. as legal owner and
referenced Southshore Water Company, LLC as anticipated future owner.
Secretary of State records reflect Southshore Water Company, LLC was later
dissolved.
Current DEQ records reference Southshore 2 Water Company LLC.
The HOA has located no documentation demonstrating:
• A completed conveyance from the dissolved entity;
• A documented transition of ownership; or
• Regulatory approval establishing continuity of operational authority.
The HOA respectfully requests clarification as to what documentation DEQ relied upon to
designate the currently asserted entity.
This request is made solely for regulatory clarity and not as an adjudication of private
property rights.
Closing
The community seeks transparency, compliance with governing law, and orderly resolution
—not conflict. Our objective is to ensure that the water system serving Southshore
4

Subdivision No. 2 is being operated in accordance with applicable Idaho statutes and
recorded property interests.
Respectfully submitted,
Cristina Jacuzzi
On behalf of Southshore Subdivision No. 2 Homeowners
Exhibit Index
Exhibit A-Final Plat (Book 42, Page 23)
Exhibit 13-2012 Revised CCR (Highlighted Articles)
Exhibit B-2-Water Right License No. 63-32259 (Certified Copy)
Exhibit C-IDWR Ownership Change Record
Exhibit D-1 -Water Right License No. 63-32259
Exhibit D-2-IDWR Order of Reinstatement
Exhibit D-3-IDWR License &Order Cover Letter
Exhibit D-DEQ Contact Information Update Letter(August 21, 2017)
Exhibit E-DEQ Email Confirming No Ownership Transfer Documentation
Exhibit F1 -Secretary of State Record-Southshore Water Company, LLC (Dissolution)
Exhibit F2-Formation of Southshore 2 Water Company LLC (Secretary of State Record)
Exhibit F3-Secretary of State Amendment Record
Exhibit G- HOA Meeting Minutes-2017 Formation /Turnover
Exhibit H-DEQ Confirmation of No Water Transfer Documentation on File
Exhibit I-Rate Increase Notice (No Prior Rate Schedule Provided)
Exhibit J-HOA Water Right Application (Receipt)
Exhibit K-Title Commitment(No Exception for Water Right Severance)
Exhibit L-2008 Email to DEQ from Builder Regarding System Transfer
Exhibit M - Cover Letter from Counsel dated Feb 25 2026
5

Subject: Re: Clarification on Water Sam piing Notifications - Southshore Subdivision No. 2
Li
�J Cristina Jacuzzi<cristinajacuzzi@ gm ail.com> [)ec 16,2025,1:08PM
to Cassandra Lem m rns,Virginia Bradley,Dalila M artinez,Rachel Bonilla
C MI TIfI N-Thic ammil nrininnfad nutcida the States of Idahn natwnrk_ Varifv linkc and
attachments R FFO R Evou click or onen- even if you recognize and/or trust the sender.
C ontact your agency service desk with any concerns.
Hello Cassandra,
Thank you for your time and assistance on assum e m atters related to Public Water System ID3140254 (Southshore
Water).
We would like to request an update to the Points of Contact listed for the system.The HO ABoard is currently
overseeing adm histrative coordination and would like DEQ§ records to reflect current points of contact for continuity
and accuracy.
Please advise on the appropriate process or form to update the Adm histrative and Facility Contact listings to reflect the
HOA and/or its m anaging office.
Thank you for your guidance.
Sincerely,
Cristina Jacuzzi
President, Southshore Subdivision No. 2 HO A
619-322-4948
O nWed, Dec 10, 2025 at 8:07 AM Cassandra Lem m(ns <Cassandra.Lem m misCa deq.idaho.gov>wrote:
Cristina,
See m yresponse in red below.
• No transfer-of-ownership docum eats exist,This statem eit is true regarding records m antained by DEQ,
as m entioned, DEQ does not have regulatory authority over business entities or their requirem ants for
filing.
6

• No W SM Aor ownership-change filings were ever subm tted,This statem ant is true regarding records
m antained by DEQ. The term W SM Adoes not exist in IDAPA 58.01.08 and DEQ does not have
regulatory authority over business entities or their requirem efts for filing. The W SM Awas referenced
in the 2012 CCRs but DEQ does not have a copy in its files.
• The system is not in com Oiance with DEQ notification requirem eats, and This statem ant is true
regarding records m antained by DEQ.
• DEQ records indicate no ownership change has occurred since the system becam ea regulated
PW S,This statem ant is true regarding records m antained by DEQ.
W ewant to ensure the com m unity is operating the water system legally and according to State requirem eats.
Could you please advise on: I cannot provide legal guidance. I can only provide the rule requirem ants.
1. The process DEQ requires for correcting ownership records when an unrecorded or non-com Oiant
transfer occurred before DEQ oversight began.The rule is silent regarding this issue. DEQ does not have
regulatory authority over business entities or their requirem ents for filing.
2. W hether DEQ needs the HOA to subm t docum entation asserting ownership prior to regulation. IDAPA
58.01.08 would not apply to an unregulated system .
3. W hether DEQ will coordinate with IDW Rand PUC to reconcile ownership records so that all agencies
are aligned. Our agencies do not currently have an established procedure for this and we all m u;t abide
by different rule bodies. Further DEQ does not have regulatory authority over business entities or their
requirem ents for filing.
4. What steps DEQ recom m ands the com m unity take while ownership review is underway.The rule is
silent regarding this issue. DEQ does not have regulatory authority over business entities or their
requirem eats for filing. I recom m ed seeking your own legal counsel if you have questions not
addressed by this ern al.
Regards,
Cassandra
From :Cristina Jacuzzi <cristinajacuzzi@ gm Acom>
Sent:Tuesday, Decem ber 9, 2025 12:12 PM
To: Cassandra Lem m as<Cassandra.Lem m aAs@ deq.idaho.gov>
Cc:Virginia Bradley<virginia idahohoa.com>; Dalila M artinez<dalila4c@ gLri al.com>; Rachel Bonilla
7

<[e-mail]>; Dan Goodm an <dan@ mcrrowfischer.com>
Subject: Re: FW:Clarification on W ate r Sam ding Notifications—Southshore Subdivision No. 2
CAUTIO Nt This email originated outside the State of Idaho netw crk. Verifv links and attachments
BEFO RE you click or open, even if you recognize and/or trust the sender. Contact your agency service
desk w th any concerns.
Hello Cassandra,
Thank you for the detailed clarification.
Based on DEQ§ confirmation that:
• No transfer-of-ownership docum efts exist,
• No WSM Aor ownership-change filings were ever subm tted,
• The system is not in com pliance with DEQ notification requirements, and
• DEQ records indicate no ownership change has occurred since the system became a regulated PWS,
our HO Ais seeking guidance on how to proceed so that we can bring the system back into proper regulatory
com pliance.
We want to ensure the com m unity is operating the water system legally and according to State requirem ants. Could
you please advise on:
1. The process DEQ requires for correcting ow nership records when an unrecorded or non-com pliant
transfer occurred before DEQ oversight began.
2. Whether DEQ needs the HO Ato subm t docum antation asserting ownership prior to regulation.
3. Whether DEQ will coordinate with IDWR and PUC to reconcile ownership records so that all agencies are
aligned.
4. What steps DEQ recom m ends the com m unity take while ownership review is underway.
Thank you again for your assistance.
We are com mated to ensuring the system is properly operated and fully com pliant under Idaho rules.
Sincerely,
Cristina
O nTue, Dec 9, 2025, 8:18 AM Cassandra Lem m ins <Cassandra.Lem m [e-mail]>wrote:
8

M s.Jacuzzi,
I attem pted to com Ole all the questions from the em ails you sent beginning at the top of this chain working
through to the end. If I m 6sed any points or requests, please don't hesitate to let m eknow and I will provide a
response.
If you would like copies of records m aintained by DEQ related to this public water system please subm It a
public records request: https://www.deq.idaho.gov/public-records-request
Sincerely,
i
I:m age Cassandra Lem m (ms
rem o✓ed by Drinking Water Com pliance and Enforcem eit Supervisor
sender. Idaho Departm Ent of Environm antal Quality
P: [phone] 1 C: [phone]
www.deq.idaho.gov
1. Is PW S No. ID3140254 still the current Public Water System num ber for Southshore Subdivision No. 2?Yes,
PW S# ID3140254 is the correct num ber for this public water system (PW S).
If not, please provide the correct num ber. N/A
2. W ho is listed in DEQ's records as the current owner and/or operator of this Public Water System ?Our
records indicate that Southshore 2 Water Com pany owns the PW S.The current operator is listed as Thom as J.
Mehiel,Valley Hydro INC.
3. Does DEQ have any of the following on file:
• A Water System M anagem ant Agreem eit(W SM A ) DEQ has no record of this docum Ent nor is one
required under IDAPA 58.01.08, Idaho's Rules for Public Drinking Water System s
9

• A transfer of ownership DEQ has no record of this docum ant. According to records m antained by the
Departm ant, from the date this system becam eregulated the ownership has not changed. Any
ownership changes appear to have taken place before the system had at least 15 service connections
or served 25 or m cre year-round residents, on or about October 31, 2013.
• A transfer of operational authority DEQ has no record of this docum ant.
• Any ownership-change form sDEQ has no record of this docum ant.
• Any operator-change form sDEQ has no record of this docum ant.
• Any correspondence docum anting approval for privatizing this system DEQ has no jurisdiction nor
any records regarding this issue.
• Any filings related to Southshore 2 Water Com pany LLC DEQ has records related to Southshore 2
Water Com pony LLC.
• Any filings nam hg Ryan M artin DEQ has records containing the nam eRyan M artin.
4. Has DEQ ever approved, authorized, or recorded a transfer of this Public Water System into private
ownership? DEQ has no regulatory authority or records regarding this issue.
5. If no such docum eats exist, can DEQ confirm that no W SM Aor ownership-transfer records are on
file? Confirm Ed.
I was advised by DEQ staff that you m a/ be the correct contact for this m alter. I am forwarding the em als I
previously sent regarding concerns with the Southshore Subdivision No. 2 dom e;tic water system,including
discrepancies between the recorded CCRs and the ownership transfer of the system .
For clarity, I have attached both CCR versions:DEQ has no authority over Covenants, Conditions and
Restrictions
BREAK in em dl continuity for brevity
I appreciate your tim eand any guidance you can provide regarding how DEQ handles situations where a water
system mphave been transferred or operated without required filings or approvals. DEQ has no authority
regarding legal filings of ownership. IDAPA 58.01.08.008 requires that an owner of a regulated public water
system provide notice of said transfer to DEQ and all custom e-s. In this case, as m Mtioned above, the
ownership transfer appears to have occurred prior to the system falling under DEQ's regulatory authority.
Could you please confirm: 10

1. Whether this system is in full com Chance with DEQ notification requirem efts?No.
2. Whether there is an approved Operations Plan on file? DEQ has no record of this docum ant, nor do
our records indicate the system was required to provide one.
3. Whether there is a certified water operator assigned?The system does have a properly licensed
responsible charge operator.
4. Whether there are any past-due com diance or public notice obligations? YES.
1. Whether Southshore 2 Water Com pany, LLC is listed as the legally registered owner/operator
of this public water system in DEQ's records;Answered above.
2. W hether DEQ has an approved Operations Plan on file for this entity; Answered above.
3. Whether a certified water operator is assigned to this system;Answered above.
4. Whether the required public notifications and Consum e-Confidence Reports are being
provided to all hom eDwners; and Records m antained by DEQ are insuffi dent to substantiate or
contradict delivery to all hom mwners.
5. Whether there are any m issing, overdue, or noncom Oiant item srelated to ownership,
operations, or reporting.Answered above.
Cassandra
From :Cassandra Lem m as
Sent:Tuesday, Decem ber 2, 2025 10:29 AM
To: Cristina Jacuzzi <cristinajacuzzi -gm al.com>; Virginia Bradley<vir inia@ idahohoa.com>; Dalila M artinez
<dalila4c -gm al.com>
Subject: RE: Clarification on Water Sam Oing Notifications—Southshore Subdivision No. 2
Ms.Jacuzzi,
Natalie and I do not provide direct oversite of this regulated water system .As such, I am rem wing her from
this discussion.
I reached out to our regional and health district partners as they provide direct regulatory oversite of this
system and am awaiting their reply.
Thank you for your patience as I work on a response to your inquiry.
11

Im age Cassandra Lem m ans
rem o✓ed by Drinking Water Corn Oiance and Enforcem eit Supervisor
sender. Idaho Departm Ent of Environm antal Quality
P: [phone] 1 C: [phone]
www.degJdaho.gov
From :Cristina Jacuzzi <cristinaiacuzzi@ gm ail.com>
Sent:Tuesday, Decem ber 2, 2025 8:39 AM
To: Natalie Chopko<Natalie.Chopko@ deq.idaho.gov>; Cassandra Lem m as<Cassandra.Lem m GIs@ deq.idaho.
gov>; Virginia Bradley<Virginia@ idahohoa.com>; Dalila M artinez<dalila4c@ gm ail.com>
Subject: Fwd: Clarification on Water Sam filing Notifications—Southshore Subdivision No. 2
CAUTIO Nt This email originated outside the State of Idaho netw crk. Verifv links and attachments
eEFO FE you click or open, even if you recognize and/or trust the sender. Contact your agency service
desk w th any concerns.
Hi Natalie,
O u'com m unity has been trying to get som a inform ation regarding our water system and confirm several issues
about our system s Below are a few em ails I have sent and just need DEQ to please respond as we are working
on clarifying these issues. I am adding the em ails I have sent so far, and we are hoping for a reply from your
departm ent. I appreciate your help and tim eto look into this m atter.
Thank you,
Cristina Jacuzzi
cell: 619.322.4948
---------- Forwarded m essage ---------
From:Cristina Jacuzzi <cristinajacuzzi@gm ail.com>
Date: M cn, Dec 1, 2025 at 7:05 PM
Subject: Re: Clarification on Water Sam Oing Notifications—Southshore Subdivision No. 2
To: <cassandra.lem m cns deq.idaho.gov>, Dalila M atinez<dalila4c gm ail.com>, Virginia Bradley
<[e-mail]>
12

Cassandra,
I also wanted to add this em al
Dear Cassandra,
I am reaching out on behalf of the Southshore Subdivision No. 2 Hom eowners Association in Nam pa, Idaho. We
are conducting a form al review of our subdivision's governing documents and associated water-system records
and need DEQ§ confirmation on several points related to our Public Water System.
Based on DEQ historical docum ents in our possession, our subdivision's drinking water system was previously
identified as:
Southshore II Subdivision
PWS N a ID 3140254
O riginal O perator: Southshore Water C a, LLC (Ed & C arol H endershot)
However, we have been unable to locate any DEQ filings that docum Ent:
1. A Water System M anagem ent Agreement (WSM A)
2. Any transfer of ow nership or operational authority for this water system
3. Any DEQ approved change in operator, including transfer from the Hendershots' LLC to any
subsequent party
4. Any DEQ filings updating the public w ater system record after DEQ§ Decem ber 21, 2010 approval
letter
We respectfully request DEQ§written confirm etion of the following:
Requested DEQ Verification
1. Is PWS N a ID 3140254 still the current Public Water System number for
Southshore Subdivision N a 2?
If not, please provide the correct num ber.
13

2. Who is listed in D ED Is records as the current owner and/or operator of this
Public Water System?
3. D aes D ED have any of the following on file:
• A Water System M aagem Ent Agreem Ent(WSM A)
• A transfer of ownership
• A transfer of operational authority
• Any ownership-change form s
• Any operator-change form s
• Any correspondence docum Enting approval for privatizing this system
• Any filings related to Southshore 2 Water Com pany LLC
• Any filings nam hg Ryan M a-tin
4. H as D EQ ever approved, authorized, or recorded a transfer of this Public
Water System into private ownership?
5. If no such documents exist, can D W confirm that no WSMA or ownership-
transfer records are on file?
We are subm tting a form al CC&R dispute to Canyon County and m ust ensure our records accurately reflect
DEQ§files. Your written confirm etion is necessary for our legal and adm histrative review.
Thank you in advance for your assistance.
We appreciate your tim eand look forward to your response.
Sincerely,
Cristina Jacuzzi
President, Southshore Subdivision No. 2 HO A
Nampa, Idaho
6193224948
Cristina Jacuzzi
cell: 619.322.4948
O nFri, Nov 28, 2025 at 11:40 AM Cristina Jacuzzi <cristinajacuzzi@gm al.com>wrote:
14

Hi Cassandra,
I was advised by DEQ staff that you m ay be the correct contact for this m atter. I am forwarding the em ails I
previously sent regarding concerns with the Southshore Subdivision No. 2 dom estic water system,including
discrepancies between the recorded CCRs and the ownership transfer of the system.
For clarity, I have attached both CCR versions:
• 1985 CCRs—the version provided to all homeowners at closing
• 2012 CCR filing —the version containing new language regarding domestic water-system ownership
and transfers
Additional Note:
The 2012 CCR am endm ent was notarized by Ryan M actin, who later becam ethe owner/operator of the private
water com pany in 2018. This presents a potential conflict of interest and adds to our concern about the validity
of the changes in the 2012 filing.
IDWR has confirm ed they have no record of a Transfer Application, Change Application, Water System
M anagem ent Agreement, or required approvals authorizing the m cvem ant of the water system into private
ownership. Because DEQ oversees public water systems, we want to ensure these discrepancies are routed to
the proper departm Ent for review.
I appreciate your tim eand any guidance you can provide regarding how DEQ handles situations where a water
system m q have been transferred or operated without required filings or approvals.
Thank you,
Cristina Jacuzzi
Southshore Subdivision No. 2 HO A
O nM cn, Nov 24, 2025 at 10:12 PM Cristina Jacuzzi <cristina4acuzzi@gm ail.com>wrote:
Hello,
I am a homeowner in Southshore Subdivision No. 2.
1 have noticed that only a few hom eowners receive water sam piing notices and results, and m any of us do
not receive the required Consume-Confidence Reports or public notices.
Could you please confirm:
15

1. Whether this system is in full com pliance with DEQ notification requirem ents?
2. Whether there is an approved O perations Plan on file?
3. Whether there is a certified water operator assigned?
4. Whether there are any past-due com pliance or public notice obligations?
We want to m eke sure all hom eowners are receiving the inform ation required under DEQ rules.
Thank you,
Cristina Jacuzzi
Hello,
I wanted to provide one additional item for your review regarding the Southshore Subdivision No. 2
public water system.
Attached is a recent billing invoice showing that homeowners are being charged by Southshore 2
Water Company, LLC, which appears to be operating our subdivision's drinking water system as a
private company. The billing contact uses the email Becky_@rm squared.us, and this same
"rm squared.us#?domain is used by Ryan Martin, w hD is currently collecting water payments
from hom eow hers through this system.
G Ven this inform etion, I am requesting clarification on the following points to ensure the system is in
full com pliance with DEQ requirem ents:
1. Whether Southshore 2 Water Company, LLC is listed as the legally registered
owner/operator of this public water system in DEQ§ records;
2. Whether DEQ has an approved O perations Plan on file for this entity;
3. Whether a certified water operator is assigned to this system;
4. Whether the required public notifications and Consumer Confidence Reports are
being provided to all hom eowners; and
5. Whether there are any missing, overdue, or noncom pliant items related to ownership,
operations, or reporting.
Thank you for reviewing this inform ation. We appreciate DEQ l; assistance in helping our subdivision
understand the proper ownership and com pliance status of our drinking water system.
16

Sincerely,
Cristina Jacuzzi
President HO A
Southshore Subdivision No. 2
Nampa, Idaho
Cristina Jacuzzi
17

CURif TABLE FINAL PLAT SHOKING
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cl 297.50' 30'63'4T M43' SS019 WE 158.4W
07 20101' 2113'29' 197,71' S3 2106215"E 195.58'
03 209.00' 3290'10' 1t6.74' S82'06'I4'E t15.23'
C4 315.06' 26'4fW 147.28' S64.44'5eE 145.95' PART OF GO h LOT 6 IN THE S 112 OF
c6 290.OV 18'60'2l' 95.35' $61W13'E 94.93'
c6 315.86' t049.W 59.72' M61 IE'39'E 59.63' M3 rum 30 811 11 GR
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C9 75.00' VOW31' 48.62' 97116'46"W 47.77' �,. CANYON COUNTY IDAHO
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FINAL PLAT SHOWING
SOUTHSHORB SUBDIVISION NO. 2
OWNERS CERTIFICATE ' PART OF GOV. LOT 6 IN THE S 1/? OF
I(WW ALL MEN 8✓THESE PR£SENK• SECTION 0, T. x? N., R. 3 W.,B.M.
mAr ED HETvtlERSHOr IS THE OWNER Of 7HE Rpm PROPERTY DFsaewD CANYON COUNTY IDAHO
AS BELOW ANO IT rS HIS wrENTlON TO AQUO£SAW REAL PROPERTY IN �
PLAT COMPLIES WDH/nAw COO£5015mh12)BY CERI/f1£S T?1AT THIS rG t7 zry r]00
A PART G0694£RMENT LOT 6 LOCATED Av THE SO(1A1 o OF SECTION 2
TM671IP 2 NORTH, RAACE J WEST OF 7HE BONS£M£A'IP44N, C4A(M N
COUNTY, IDAHO OESLYN9£O AS:
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9VD SFC77ON TO 7HE SOUTHWEST CORNER OF GOVERNMENT LOT 6 OF
SAID SECMW MEND£N00'1526''A'40.00 FEET M 7HE POINT OF
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(CURVE DAM!RAMIS-290.00; PEL.TA-M60 21, C'IDRO OE4raW AND
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PARCEL COMrA,IVS 7072 AGRES
?HC EASEMEMS AND Pf'JVA7E"OS SHOWN ON THIS PLAT ARE NOT
0GAV MP TO THE PUOUC BUT ME RAWIr 70 ME SW MW44ENTS JS
HERERY RESE)e✓ED FOR PUBLIC U774IMS AAV f M ANY OTHER USf$AS
O£SMVArCo HEREOA,,ANO NO PERMANL71r SIRUCIURFS ARE TO BE
ERE0T£0 077N 1HE'L/N£S OF S4/0 EAZUEMM. ALL L07Y WITIRN THIS
SUMMON WR.(RE'C£IVE OOMESIIC WATER MOM A COIAMUMIY WATER
SYSTEM OWNED AND MAINTAINED RY 7W 5OU7N$WRF R~.OWNERS
ASS"tVl,.
IN WITNESS KHc?TEOF WC HAVE hlREUNIO S£T OUR HANGS TRIS
D-0,Y OF_ .2009.
r, j
ED IKMCPSHOT 7 LANO
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ACKNOWLEDGMENT ''S$�°��a°' �`�� `ST o
•"�� 9t STATE OF IDAHO) 0�w, u
SS u)F^^Ew9.S?
C(7UNIY OF AN
L NCrARYPUBL(C, DO HFRMY CERTIFY 7H4T
q ro OAY Of' 2eNA9, PERSONALLY APPEARED 619`OR£
I. WHO. 0E7A'G BY ME f7R57 DULY SWTMN, OFcLAR£D
IHAr HE 5 RIC OWNER OF PK-'RFAL -RO,-FRTn THAT HE SAZM TNF
FDRCGOWC DOCUME7V7 AS 7HE OWATR OF 711E REAL PROPERTY,AAW
rHAT THE STATEMEN75 THEREIN CONTAIN£Oo/A{, l.RE m
10"NOrARY P1LB11G, �oAFI�
MY CasnMss/DN CXP/REs ON.• f3 .�...,.... D D TiIT FINALFPLAT
lLll lonndl5urwyny,Ina SOUTHSHDRE SU'6 Ab, 2
rrz �eA amla SEC. 2, T. e N., R. 3 Ar.R.M.19 ?24�..AI FAX I2�T�.^M
_ ovom rr. AV'
z s

FINAL PLAT SHOWING
SOUTHSHORE SUBDIVISION NO. 2
PART OF GOV. LOT 6 IN THE S 1/2 OF
SECTION 2, T. 2 N., R, 3 W,,B.M.
CANYON COUNTY, IDAHO
2009
NAMPA HIGH WAY
DISTRICT ,fl APPROVAL
NAMPA AWWWAY 0157RYCr NO. r OOfS H£PEBY ACCEPT rMS PI✓I r 7N
ACCORDANCE WflH 7?I£PROW7S4VS'0'X. SO-I3TZ.11KY rE SJMr..T CANYON COUNTY RECORDER'S CERT/FICA TE
OfmorW ON rl*s PLAT ARZ 907 RNNTA/N£D BY OR MDER T1fE
08L AON OR ASSURACnolv OF Mr�ES #MHWAY r 71IE PP 1 ARIWENr MEWE 5 WILL NO BE ACCEPTED PLANNING & ZONING APPROVAL
AS PUBLA:STREETS W THE FU7tIRf.
s�1 )7/£FOREGOING PLAT WAS ACCEPAW AND APPROVED BY 77415 PLANNING&
ZOWO COMMIWION OF CANON C=W7)' IOAHO ON TH£•_1$}1; L14Y
NAMPA 14M 0R7RA;r OF-b3 AUc k1^--,Z009.
PLWYN DNINC CHAWAK"
CANTON COUNTY PIANNINC&ZZWW
COUNTY SURVEYOR APPROVAL
1 THE UNDERSA%CD. PROFES.FAW LAND SURVEYOR FOR CANYON COUNT)'
vma,, DU HEREBY CER77FY 7YLA7 I HAVE CHECKED 7HI3 PLAT AND FIAT Ir
COMPLIES WITH THE SYKE OF laWC CODE RZTAMW 70 PWS AND
SIR rm"50, CtLAPrm 7.A
Rs 93tE WrON WWY SU
BOARD OF COUNTY
COMMISSIONERS APPROVAL
1, THE UNDfRSIGAfO COUNTY L'O"SSroN£R FOR CANYON COUNTY, 10AH0, SURVEYORS CERTlF/CA TE
NMEBY CEW?THAT AT A REGU(AR PITBLJG,HflRM1G Of.THE UpARO OF
COUNTY 02W AWY1ONERS Hf8'' T/ 60r OF ./h.�.L 1, JEm"t B. FIaDm oo HFR£8Y csvvy rmr I AM A
ZWO,, THIS PL4 WISAPROW&NWRON NO. Z'WAS DULY PROFF550MAL LAND SWWEYOR/N rH£STA7£OF/O'VfQ, AND THAT r7NS
AC(.E ANO PYAT AS DESGRMU IN rH£OWNERS CER7lFTCArC WAS ORAWN FRLtV
UM A SU A RECORD WFOR
COUNTY TREASURERS CERTIFlCA TE AJARON ND TNfY MADE ON WE CROLIND I£R MY
t/ .:•'.eii �-�� SLAPERN54V AND ACCURATELY REDRESFNTS WE POINTS RILAM0
TPf.SURER hV AlJD FOR ARA COUNTY;lA6H0,
•i� Pfr L�S H£RM AND IS IN CONFDMOY Wi7H THE STATE OF f0nH0 CODE
/, TNf VNOERSIGNEO, COT/NTY i GW
RfLATpJG ro Prnrs AND svRrErs:
PER 711E REY.7UTAEMFNYS Of!.G SD-f.Y08, OO HEREBY CERTIFY THAT ANY
lAlyO
PROPMW NYCLUPEAAAVIOR W T<#S SSY,�O�IK"MV£W PAID IN FIRL` TH15 ����C��„�t' F�a�\Q4G`•SrE p�
CEYt71F7CA770N 15 VALID FOR TH£NEXT 7H/R7Y(Jo)DAYS ONLY. �y ^'•�-
✓OiE7tNAH B. fffLLVhC, P,� � �j�•d90 v iDasv 1AC£N96 N0. f??ZD
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n
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tend Surnomg.Inc. SOUTxMSHORE SUB. NO, ,2
20 LLW r s am&Aammm
uvwr s SEC, A T, 2 N., 11' 3 Ji B.AL
as-or r. oo-ea/ op

DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
OF
SOUTHSHORE SUBDIVISION NO. 2
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(Declaration or CCRs), executed on the date following the last signatory hereto, is made by
Hubble Homes LLC hereinafter Declarant,and is based on the following facts:
RECITALS
A. Declarant is the owner of certain real property in Canyon County, Idaho, which is
more particularly described in Exhibit 1 hereto ("Southshore Subdivision No. 2" or
"Property" or"Subdivision").
B. Declarant desires to assure the attractiveness of the individual lots and community
Area within the Subdivision; to prevent future impairments thereof; to prevent
nuisances; to preserve, protect and enhance the values and amenities of the
Subdivision; and to provide for the maintenance of the roadways, irrigation system
and other community capital improvements.
NOW THEREFORE, Declarant hereby declares that all of the properties above
described shall be held, sold and conveyed upon and subject to the easements, conditions,
covenants, restrictions and reservations hereinafter set forth, each of which shall run with the
properties and shall be binding on all parties now or hereafter having any right, title or
interest therein or to any part thereof, and shall inure to the benefit of each owner thereof.
rn
Declarant reserves the right to amend this Declaration at any time to set forth any additional 0
or modifications to the easements, conditions, covenants, restrictions and reservations r"
applicable to the lots in the Subdivision. Any amendments to this Declaration shall affect only
those lots not sold at the time of such amendment. "5
ARTICLE I
Definitions
A. "Architectural Committee" means the Committee charged with approval of any
construction,erection,alteration or repair of any improvements on any Lot in the Subdivision
as hereinafter provided.
B. "Association" means Southshore Subdivision No. 2 Homeowners' Association, a non-
profit corporation organized under the laws of the State of Idaho, or any successor or assign
of the Association.
-`mot n � N
C. "Board of Directors" means the Board of Directors oft a A sQciation. d
o s c- W ►--'
zW =
D. "Builder" shall be the person, whether or not an nergAo shall ap'y for and f"
construct any structure on a Lot. o
rQ
3 M
o o N N
;)a o ­3
DECLARATION OF RESTRICTIVE COVENANTS J� CD
OF SOUTHSHORE SUBDIVISION NO.2,Page 1
21

E. "Common Facilities" means all real property, including easements or other interests
less than fee title, as well as the improvements thereon, owned, operated or managed by the
Association for the common use and enjoyment of the Owners, and may include but are not
limited to the private road, landscape areas, the pressurized irrigation system and'the
domestic water system.
F. "Domestic Water System" means the community domestic water system developed to
provide potable to the residential Lots in the Subdivision.
The conditions and requirements pertaining to the Domestic Water System are more
fully described in Article VII. Subject to those provisions and unless otherwise shown on the
plat, all Lots are provided domestic water from the community water system developed and
owned by Declarant or its successor. Water will be available to the Lot by distribution lines
running along easements as designated on the plat with individual service connections. Either
the Declarant or its successor shall own, operate and maintain the community domestic water
system and shall establish fees for the cost of connection to and operation, maintenance and
repair of the system as well as a reserve for capital replacement and improvements that shall
be paid by the Lot Owner.
This system is subject to the jurisdiction of the Idaho Department of Water Resources,
the Idaho Department of Environmental Quality and the Southwest Health District. It shall
be owned and operated as required by these agencies pursuant to their respective statutory
authorizations and regulations as amended from time to time. It is also the subject of this
Declaration and other documents as referenced herein and elsewhere.
G. "Dwelling Unit" means that portion or part of any structure intended to be occupied
by one family as a dwelling unit, together with the vehicular parking garage next thereto, and
all projections therefrom.
H. "Household" means all persons residing in a Dwelling Unit.
1. "Irrigation System" means the pressurized irrigation system, which provides non-
potable irrigation water for the Lots and which is subject to the Southshore Subdivision No.2
Water Users Agreement (Water Users Agreement) and this Declaration. It shall be owned
and operated by the Declarant until transferred to the Association which shall manage it in
accordance with the Water Users Agreement.
J. "Lease" means any agreement for the leasing or rental of a dwelling unit,including a
month-to-month rental agreement. All such leases shall be in writing.
K. "Lot" means all lots with and shown upon the Plat.
L. "Owner" means the owner of record,whether one or more persons or entities, of a fee
simple title to any lot, but excluding those having an interest merely as security for the
performance of an obligation.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO,2,Page 2
22

M. "Plat" means the official recorded plat of the Subdivision or any amendments or
additions thereto.
N. "Private Road" means the private road serving Lots in the Subdivision and which is
subject to this Declaration. It shalt be owned and operated by the Declarant until transferred
to the Association which shall manage it in accordance with the provisions herein.
O. "Property" means the real property constituting Southshore Subdivision No. 2,
described above and according to the Plat, and any additions thereto, as may be made subject
to this Declaration or otherwise brought within the jurisdiction of the Association.
P. "Project"means the Property and all contemplated improvements thereto.
Q. "Single Family" means any one or more individuals, doing their own cooling and
living on the premises as a separate housekeeping unit in a domestic relationship as
distinguished from a group occupying a boarding house, lodging house, club, fraternity or
hotel.
R. "Subdivision Manager" means any one or more individuals or companies employed by
the Declarant or the Association to manage the Common Facilities of the Subdivision.
S. "Water System Manager" means that individual or company that manages the
Domestic Water System as referenced herein.
ARTICLE H
General Restrictions
A. Compliance with Applicable Laws: All development within the Subdivision shall
comply with all relevant State and County ordinances, regulations and laws.
B. Covenant: The Declarant hereby covenants for all of said property: Each Owner,
whether by ratification of this Declaration or by acceptance of a deed or contract of purchase,
whether or not these CCRs are expressly set forth in any such deed or other conveyance or
agreement for conveyance is deemed to covenant and agrees to comply with and abide by
these CCRs as well as any of the other Agreements referenced herein and agrees for the
Owner or Owners, the Owner(s)' heirs, administrators, delegees or assigns to be personally
bound by each of these CCRs, Agreements, reservations and servitudes, and as may be
amended from time to time,jointly,separately and severally.
C. Enforcement of Restrictions: The Declarant,Architectural Committee,Association or
any Owner shall have the right to enforce, whether at law or in equity, all restrictions,
conditions, covenants, reservations, liens, and charges now or hereafter imposed by the
provisions of this Declaration, any other Agreement or the Articles, Bylaws or Rules of the
Association. Not less than ten (10) days prior to bringing an action of enforcement, the
offending party shall be served with written notice setting forth with specificity the covenant,
restriction, condition, reservation, lien or charge that the person is charged with failing to
comply with. Failure to enforce any the foregoing shall in no event be deemed a waiver of the
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 3
23

right to do so thereafter. These CCRs and any other Agreements or the Articles, Bylaws or
rules of the Association are cumulative and all remedies provided herein for breach are in
addition to any rights and remedies provided by local or state laws and not in lieu thereof
D. Further Development: No Lot may be resubdivided.
E. Judgment and Attorneys' Fees: Whether an action is prosecuted to judgment, the
prevailing party shall be entitled to reasonable attorneys' fees and costs. In the event of
judgment against any person, the court may award injunction against any person for
violation of this Declaration, required compliance as the court deems necessary, award such
damages, reasonable attorneys' fees, costs and expenses as well as such other or further relief
as may be deemed just and equitable. The prevailing party is defined as the person to whom
money is paid or to whom an obligation to act is due.
F. Mortgages or Deeds of Trust Not Invalidated: The breach of any of these covenants,
conditions, restrictions or any repurchase by reason of such breach, shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or
lots or portions of lots in such premises, but shall be binding upon and effective against any
such mortgagee or trustee or Owner thereof, whose title is or was acquired by foreclosure,
trustee's sale, or otherwise.
G. Annexation: All Lot Owners agree and acknowledge, as part of the purchase of any
Lot, that the Subdivision shall be annexed at some future date. All Lot Owners agree that
they will cooperate with any city that commences annexation proceedings to bring the
Subdivision or any Lot contained therein into the city limits.
ARTICLE III
Construction Restrictions
A. Antennae: No antennae, satellite receivers or radio aerials shaft be installed on the
Property. Provided however, any such item may be installed so long as it is contained wholly
within the residence or garage. And further provided, that the Architectural Committee may
approve a single satellite receiver "dish" be installed on the residence or garage or elsewhere
on the Lot so long as the"dish" does not exceed eighteen (18)inches in diameter and three (3)
feet in height and the location is approved by the Architectural Committee.
B. Building Type Restrictions: No buildings shall be constructed on any Lot other than
one (1) single-family dwelling and attached garage as well as approved outbuildings or other
approved structures. No split-level dwellings, or homes manufactured or built elsewhere shall
be permitted. All buildings shall be of brick,frame, stone or stucco construction.
C. Colors: Exterior colors of earth tones or light blues or grays are encouraged. Bright
or bold colors or very dark colors shall be discouraged. The builder shall submit samples for
a particular structure to the Architectural Committee for approval prior to application of
exterior color finishes. No change in the exterior color shall be made without prior written
approval of the Architectural Committee.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 4
24

D. Commencement and Completion of Construction: Construction of any dwelling unit
shall be commenced not later than eight (8) months after the original purchase of a Lot.
Construction shall be diligently pursued after commencement and shall be completed,
including all exterior finishes, not later than eight (8) months after commencing construction.
From the date of purchase, through the completion of landscaping, all Lots shall be kept free
of rubbish and garbage, reasonably clean and weed free. Construction of any other
outbuildings must be commenced within three (3) months after approval of the Architectural
Committee. Construction shall be diligently pursued after commencement and shall be
completed, including all exterior finishes, not later than two (2) months after commencing
construction.
E. Construction Equipment and Material Storage: No machinery, building equipment,
or material shall be stored on site until the Builder is ready and able to immediately
commence construction. Such building materials must be kept within the property line of the
Lot on which the dwelling unit or structure is to be constructed.
F. Damage to Improvements: It is the responsibility of the Builder of any structure in the
Subdivision to leave streets, curbs, sidewalks, fences, tiled irrigation lines or other
improvements, if any, as well as any Common Facilities, free of damage and in good and
sound condition at the conclusion of the construction period. It shall be conclusively
presumed that all such improvements are in good sound condition at the time construction
commences on each Lot. The builder is responsible for notification to the contrary,in writing,
to the Architectural Committee at the time construction commences.
G. Drainage Easements and Lots: In addition to any easements shown on the Plat, there
are also storm water retention easements or swales along either side of the private road
system. These retention areas are for the purpose of retaining all on-site drainage from the
roadways. The retention swales are to be maintained by the respective Lot Owners in a clean
and weed free manner. Nothing shall be done to or placed within these easements that shall
interfere with the storm drainage. There shall be no alteration of the slope or level of ground
or any plants planted within the swales without prior written approval of the Architectural
Committee or Subdivision Manager.
H. Driveways: Driveways: All Builders shall provide the respective Lots as provided
herein. All driveways shall be from the garage entry to the private road. Driveways for all
Lots shall be of sufficient size for off-street parking for three(3) standard size automobiles
and wide enough for at least two vehicles parked side-by-side from the garage apron
entirely to the public road. Concrete or asphalt paved driveways are preferred but not
required. Any driveway constructed on any of the Lots shall have a pipe or conduit or
culvert(hereinafter collectively pipes) thereunder at least twelve (12) inches in diameter,
near the street line of the Lot and at any point where the driveway crosses any ditch or pipe
or drainage area so as to permit the movement of irrigation waters.or for drainage. The
pipes may be made of tile or concrete. Any other materials, such as iron or steel,or any
other substance of permanent nature may be approved by the Architectural Committee
prior to installation. All pipe installations made within a dedicated right-of-way shall be
made only after plans have been submitted to and approved by the appropriate highway
district or city authority having jurisdiction over the roadways.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 5
25

1. Easements: In addition to the easements shown on the Plat and the Private Road
Easement on each Lot, an additional cross-easement of ten (10) feet in width on either side of
all property lines is reserved to each and for the benefit of the adjacent Lot Owners for the
purpose of maintenance of fences and landscaping. Provided however, an adjacent Lot
Owner using such easement for such access shall not damage the neighboring Lot or if
damage occurs, shall immediately repair any such damage and restore the Lot to the
condition prior to such damage.
No structure, planting, or other material shall be placed or permitted to remain within
any easement which may damage or interfere with the installation or maintenance of the
utilities, irrigation or drainage, or which may change the direction of the now of water
through drainage channels in the easements. The easement area of each Lot, and all
improvements in the Lot, shall be maintained continuously by the Owner of the Lot, except
for those improvements for which a public entity or authority is responsible.
J. Exterior Finish: At least ten percent (10%) of the ground level surface area of the
front side of each dwelling shall be covered by stucco, brick or stone with a one (1) foot wrap
around the front corners. Different architectural elements may be approved by the
Architectural Committee so long as the design is consistent with other residences in the
Subdivision. A chimney chase enhancer and chimney cap or similar devices shall screen each
chimney pipe. In all cases, the builder shall submit samples for a particular structure to the
Architectural Committee for approval prior to application of any exterior fmishes. The
structures to which this section applies include the dwelling, garage, outbuildings fences,
walls,patios or other structures to be constructed or installed on the Lot.
K. Fences and Other Boundaries: No fence may be greater than six (6) feet in height.
Fencing around the dwelling unit and yard shall be of pole, vinyl or post and rail, including
corrals. All fencing shall be designed to be harmonious with surrounding properties. Fences
and walls, including their materials and location shall be approved by the Architectural
Committee prior to any construction. Fences,hedges,high plantings, obstructions or barriers
shall be so situated as not to unreasonably interfere with the enjoyment and use of
neighboring Lots and streets or constitute an undesirable nuisance or noxious use. Any fence
other than vinyl shall be maintained annually, including painting or staining as appropriate.
The determination of the Architectural Committee is binding on all parties.
L. Floor Area Minimums: Floor area shall be exclusive of eaves, steps, porches,
entrances, patios and garages. The floor area of a one-story house shall have not less than one
thousand four hundred (1,400) square feet on the ground floor. Two-story houses shall have
not less than one thousand six hundred (1,200) square feet on the ground floor and not less
than four hundred (400) square feet on the second floor. In no event shall a second story be
out of proportion with the ground floor. The Architectural Committee shall have the
discretion to determine proportionality.
M. Garases: Each dwelling shall include a minimum two (2) car, enclosed garage that is
an integral part of the unit structure. Provided, however, given site constraints and design
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 6
26

considerations,the Architectural Committee may approve a detached garage if appropriate in
the sole discretion of the Architectural Committee. All garages shall contain at least the
minimum floor area relevant to the height of the dwelling. Side, rear or set-back entrances
are encouraged.
N. Height Restrictions: No dwelling or barn shall be in excess of either two (2) stories or
thirty (30) feet above ground. No other outbuildings, including shops, storage sheds, play
houses and play equipment consisting of walls and roof, shall exceed a height of twenty (20)
feet.
O. Irrigation: Non-potable irrigation water is provided to the Lots pursuant to the
Southshore Subdivision No. 2 Water Users Agreement that is contained in a recorded
document separate from this Declaration. All Lots are subject to and a member of that
Association. Surface irrigation water is provided by Weiser Irrigation District. Irrigation
water is not guaranteed either as to volume or availability. Lots may be irrigated only during
the irrigation season which starts no earlier than April 15 and runs no later than October 15,
all subject to availability of water from the irrigation district. Owners shall not irrigate their
lots from the domestic water supply.
No cross-connection shall be made at any time between the pressurized irrigation
system and the domestic water supply system.
Each Owner shall be responsible to maintain all irrigation service ditches or lines and
similar equipment located on said Owner's Lot. Should any damage occur to any portion of
the said Owner's irrigation system, or to the main distribution lines on the Lot where such
damage is the result of actions by the Lot Owners or their invitees, it shall be the
responsibility of the Owner to repair the damage immediately, so as not to deprive any other
water users from the irrigation water.
P. Landscaping: Landscaping of the front yard (that portion of the yard between the
front plane of the house and the private road), must be completed within thirty (30) days of
substantial completion of the home, weather permitting and with approval by the
Architectural Committee. Berms and sculptured planting areas are encouraged. Grass may
be seed or sod in front and side yards and is to include both sides of the driveway. The rear
yard (that portion of the yard from the back plane of the house to either the back Lot line or
to an approved fence setting apart a pasture area for animals) shall be landscaped not later
than one(1)year after occupancy of the residence,weather permitting. A landscape plan shall
be submitted for approval prior to installation of landscaping and shall include:
1. Front Yard:
a. At least three (3) trees that may be either ornamental trees of two (2)
inch caliper. Dwarf varieties or trees not exceeding twenty (20) feet in height at maturity
shall be planted to avoid obstructing views from neighboring properties. All trees shall be
encircled with a permanent tree ring of at least three (3) feet in diameter.
b. Five(5) five-gallon shrubs.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 7
27

2. Back Yard:
a. At least one (1) ornamental tree of at least two (2) inch caliper. All
trees shall be encircled with a permanent tree ring of at least three(3) feet in diameter.
b. Four(4)five-gallon shrubs.
3. Side Yard of Corner Lots:
a. Two (2) ornamental trees of at least two (2) inch caliper, with the
same height at maturity restrictions as the front yard. All trees shall be encircled with a
permanent tree ring of at least three(3) feet in diameter.
b. Three (3)five-gallon shrubs.
Lot Owners shall take all reasonable efforts to keep Lots weed-free. In no event shall
weeds be allowed to grow to a height exceeding six (6) inches on any Lot including
undeveloped Lots. Provided, further that no noxious weeds will be allowed to grow until in
bloom. Owners neglecting to control noxious weeds are liable for the cost to eradicate or
control such weeds. The Architectural Committee shall notify the Owner of the
determination to take such action not later than seven (7) days prior to so acting. The
Architectural Committee may take such action as it deems appropriate, including hiring a
professional to spray or remove the weeds. The Owner shall pay all such costs and expenses
not later than thirty (30) days after receiving an invoice for such expenses. Failure to pay the
costs and expenses shall entitle the Architectural Committee to file a lien against the
delinquent Owner. Such lien may be satisfied upon the sale of the Lot or by litigation.
R. Location of Structures on Lots: No structure shall be located or constructed on any
Lot except within the building envelopes shown on the Plat and shall be placed only with the
prior written approval of the Architectural Committee.
S. Outbuildings: Barns,shops,loafing sheds or other outbuildings appropriate to a rural
acreage residential atmosphere may be allowed. Provided however, only two (2) outbuildings
per Lot shall be permitted. An additional outbuilding may be allowed with prior written
approval of the Architectural Committee only after consideration of location and
maintenance of all structures on the Lot. All outbuildings shall be constructed of quality
building materials,completely finished and painted on the outside with exterior and roofing to
match the dwelling. They shall be of quality and character that will be in harmony with the
other buildings on the particular Lot. No outbuilding shall be constructed without prior
written approval by the Architectural Committee. All outbuildings shall be well maintained,
including painting or other appropriate maintenance. Any outbuilding or structure shall be
placed in compliance with applicable setback requirements and only after approval of
location by the Architectural Committee.
T. Roofs: Roofs shall be of at least "6 in 12" pitch. No gravel or shake roofs shall be
permitted. Bay windows, broken rooflines, gables, hip roofs, etc. are encouraged to provide
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page S
28

architectural variety. Shingles shall be, at minimum, twenty-five (25) year architectural or
tile. Color shall be dark or as approved by the Architectural Committee. Roofing samples
shall be submitted to the Architectural Committee for approval prior to application of finish
roofing materials.
U. Setbacks: No improvements may be constructed or maintained on a Lot closer than
the following setbacks. In the event that the ordinances of Canyon County are more
stringent,they shall apply:
a. Twenty-five(25)feet from the private road for a corner lot;
b. Twenty(20)feet from the front property line,
C. Thirty(30)feet from the rear property line,
d. Twenty(20)feet from the side property lines.
e. No structure used for housing or care of animals, including loafing sheds shall
be constructed closer to any neighboring dwelling than fifty (50)feet.
All measurements shall be measured at the closest point of any structure, including
eaves,steps,open porches and bays.
V. Sewage Disposal/Sewer Locations: No sewage disposal system is provided by
Declarant. Each Lot shall be served by an individual sewage disposal system to be designed,
Iocated and constructed at the Lot Owner's sole expense in accordance with the requirements,
standards and recommendations of the Southwest District Health Department and only in the
locations shown on the Plat or the Septic Drai afield Placement drawings available from
Declarant. All bathroom, sink and toilet Area shall be located inside the dwelling unit, or, if
approved by the Architectural Committee and respective jurisdiction, within an accessory
structure or outbuilding and shall be connected by underground pipe directly with the
approved sewage disposal system.
W. Site Maintenance During Construction: All Owners, builders and subcontractors
must operate a clean site during the construction period. Debris shall be placed in an
enclosure that will ensure no debris is blown around the site or off the Lot. The enclosure
shall be emptied not less frequently than every two (2) weeks. No burning or disposal of
construction materials shall be allowed on site. Neither dogs nor loud music will be allowed.
Builders shall have placed and maintained a portable toilet. The toilet must be available on
the first day on which materials are delivered to the site and removed immediately after
construction is completed. It must be adequately maintained during the construction period.
X. Solar Access and Area: No building or structure shall be placed on any Lot so as to
obstruct the windows or light of any adjoining Lot Owner. Solar collection equipment may be
allowed by the Architectural Committee, but its location must be approved by the
Architectural Committee prior to construction or installation.
Y. Telephone, Gas and Electric Service: All Lots shall be served by underground
electrical, and telephone lines. All services shall be installed in road or easement right of way
as platted. Each Owner agrees, at Owner's sole expense,to pay for costs and hook-on charges
as established by the respective utility, as a condition precedent to connection thereto.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 9
29

Declarant shall not be liable for the cost thereof but may recover funds advanced, if any, to
obtain preliminary installation.
Z. Temporary Buildings: No house trailer, tent, shack, unattached garage or temporary
structure shall be erected or placed on any Lot. No barn, trailer, tent or other structure shall
be used as a dwelling. Except that during the construction period, Declarant and its agents
shall be authorized to utilize any building or structure deemed appropriate by Declarant for
sales and construction offices or Area. And further provided,with Architectural Committee
approval, the Owner(s) and family may reside in a house trailer or mobile home during the
construction period. And further provided, that at the end of eight (8) months, the house
trailer or mobile home must be removed from the property. In the case of a trailer that is also
a recreational vehicle, it may be retained on site, but must immediately cease being used as a
dwelling.
ARTICLE IV
Property Use Restrictions
A. Animals: Not more than a total of three (3) dogs, cats or other household pets may
be kept, provided that they are not kept, bred or maintained for any commercial purpose,
incidental sales of such animals accepted. Livestock shall be limited to any combination of
one (1) large animal(horse or cow) per acre or not more than two (4) llamas, goats or sheep
per acre may be kept. No other animals, including but not limited to swine, goats, or birds
of any species, may be kept without the prior written permission of all Lot Owners in the
Subdivision.
Any animals outside a dwelling unit or fenced area must be on leashes or otherwise
under physical control of either the Lot Owner or someone authorized by the Lot Owner.
All animals shall be fed and cared for. Fenced areas shall be constructed of materials
adequate to keep the animal(s) from annoying or trespassing on the use of the property of
others. All areas in which animals are kept, including barns, corrals and kennels, shall be
maintained in a nuisance free manner. Dog runs must be not more than six (6) feet high,
not located in the front yard, not closer than twenty (24) feet to the side or back property
lines and shall be screened from view.
B. Businesses: No business shall be conducted on any Lot unless completely within the
dwelling unit or as approved by the Architectural Committee and only as permitted by
applicable state or local law, rule or ordinance. No signs shall be installed to advertise the
business. No oil exploration or development of any nature or kind, including mining
exploration, development or structure shall be permitted on any Lot or Common Area.
Except that during construction the Declarant or its agents may conduct sales and
construction business outside of a dwelling unit as provided above and hereinafter.
C. Farming Operations on Neighboring Properties: Any purchaser of any Lot shall be
aware that the Subdivision is located in an agricultural area. There are many lawfully
conducted operations in the vicinity or within the Subdivision that result in inconveniences
including, but not limited to dust, odor, insects, noise during nighttime hours, airplane and
helicopter overflights. No Lot Owner may challenge these lawfully conducted operations, but
shall accept them as part of living in an agricultural area.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 10
30

D. Garbage and Refuse Disposal: No part of any Lot shall be used or maintained as a
dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be
kept or maintained on any part of any Lot except in a sanitary container. Any equipment for
the storage or disposal of such material must not violate setback restrictions and must be
enclosed with an aesthetic screen or fence and shall be kept in a clean and sanitary condition.
No incinerators shall be allowed.
E. Leasing Restrictions: Any lease between an Owner and tenant shall provide that the
terms of the lease shall be subject in all respects to the provisions contained in this
Declaration,the Association's Articles of Incorporation,Bylaws and rules and that any failure
by the tenant to comply with the terms of such documents shall be a default under such lease.
F. Nuisances: Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be
conducted or carried on any Lot, nor shall anything be done or permitted on the Property
which may be or become an annoyance or nuisance to other individuals or Owners.
G. Residing in Other than Dwelling Units: No trailer, truck camper, tent, garage, barn,
shack or other outbuilding shall at any time be used as a residence, temporarily or
permanently, on any Lot except as provided above during the construction period. Provided
that during the construction period, Declarant or its agent(s) may utilize a construction/sales
office of a temporary nature as provided above. Further provided,that guests of a Lot Owner
may stay overnight in a recreational vehicle parked on the Lot provided that the total use by
the guests does not exceed two (2) weeks and the Lot Owner has notified the Architectural
Committee regarding the use and period of stay.
H. Sight Distance_ at Intersections: No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between three (3) feet and eight (8) feet above the roadways
shall be placed or permitted to remain on any corner Lot within the triangular area formed
by the street property lines and an imaginary line connecting them at a point 30 feet from the
intersection of the street lines, or, in the case of a rounded property corner, from the
intersection of the street property lines extended. The same sight-line limitations shall apply
on any Lot within ten (10) feet from the intersection of a street property line with the edge of a
driveway or alley pavement.
1. Signs: No sign of any kind shall be displayed to public view on any Lot except a
professionally designed and constructed sign of not more than (5) square feet advertising the
property for sale or rent by an Owner, or to advertise the builder'or the property during the
construction sales period. If a property is sold or rented, any sign relating thereto shall be
removed immediately. Except that the Declarant and its agent(s) may post a "Sold" sign for
a reasonable period following the sale. Notwithstanding any provision to the contrary, signs
of any and all sizes and dimensions may be displayed by the Declarant without limitation, on
Lots owned by the Declarant. The Association may maintain subdivision identification signs,
and appropriate informational signs of a size and design approved by the Architectural
Committee.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 11
31

J. Stora a and Use of Recreational Items Vehicles and Equipment: No working or
commercial vehicles larger than one (1) ton and no junk, non-licensed or non-working
vehicles shall be parked on any Lot unless wholly contained within the garage or approved
outbuilding. Recreational vehicles and equipment owned or leased and enjoyed by the Lot
Owner for personal use or enjoyment may be kept or stored on any Lot within a garage or
approved outbuilding or outside of a garage or outbuilding,but behind the front plane of the
residence in an enclosure such as a fence. Provided however,that vehicles or equipment shall
not be parked on the street or between the front plane of the Dwelling Unit and the street
except for approved guest stays, for a period exceeding twenty-four (24) hours. Woodpiles,
compost piles and Area for handing, drying or airing clothing shall be screened from view.
No basketball backboards or similar devices may be attached to any dwelling so as to be
visible from the street. No such devices shall be left in the front yard for a period to exceed
forty-eight (48) hours. No vehicle may be parked in the street for a period exceeding twenty-
four(24)hours).
ARTICLE V
Private Road
A. Private Road System Description: The Private Road is shown on the Plat as an
easement across the frontage of each Lot. Each Lot owner shall have the right of cross-access
along the entire private road without need of a further or separate deed of access.
B. Improvement, Maintenance and Operation of the Private_Road System: The
Declarant and the Association after the Road is turned over to the Association shall be
responsible for its improvement, maintenance and operation,including the subsurface area of
the barrow swales along either side of the paved section of the road. The Owners of Lots
adjacent to the individual roads shall be responsible for the maintenance of the surface of the
barrow swales from the edge of the cross access easement on the respective Lots to the
pavement and shall maintain the swales in a clean and weed free manner. They may plant
grass, but no other plants in the barrow. The Lot Owners shall spray weed killer as
frequently as necessary to prevent weeds or other prohibited plants from growing in the Swale
and in no event shall allow any item or plant to interfere with the drainage.
ARTICLE VI
Common Facilities
The Common Facilities shall include the barrow drainage swales, the landscaped entry way
areas,Private Road and Lot 16,which contains the Pressurized Irrigation system and pond as
well as the Domestic Water System.
A. Road and Associated Facilities: The Private Road and barrow drainage swales shall
be improved,maintained and operated only in accordance with the paragraphs above.
B. Lot 16: That portion of Lot 16 that contains the Domestic Water System and
associated Facilities shall be maintained in accordance with the requirements of the agencies
having jurisdiction over the Domestic Water System. No Lot Owner or their families, agents,
representatives, invitees, representatives, assignees or transferees shall do anything that will
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 12
32

interfere with the Domestic Water System. Any damage or interference shall be immediately
remedied at the sole cost of the Lot Owner.
That portion of the Lot utilized for the Irrigation System shall be operated and
maintained in accordance with the provisions pertaining to the Irrigation System. No Lot
Owner or their families, agents, representatives, invitees, representatives, assignees or
transferees shall do anything that will interfere with the Irrigation Water System. Any
damage or interference shall be immediately remedied at the sole cost of the Lot Owner.
Other than the area that is utilized by the Irrigation System, including the irrigation
pond, and the Domestic Water System, the remainder of the Lot shall be improved,
maintained and operated as a common area for the use and benefit of the Subdivision Lot
Owners. The assessments paid to the Association, other than those designated for the Road
System, Domestic Water System or the Irrigation System, may be used as deemed
appropriate by the Association for the remainder of the Lot.
C. Landscaped Entry Way: There are two (2) landscaped easement areas shown on the
Plat located respectively on Lots 01 and 15. These Lots shall be operated and maintained by
the Declarant until turned over to the Association. After which time, the Association shall
maintain all of the plantings and water feature in good and workmanlike manner including
replanting dead material and repairing and maintaining the water feature. No Lot Owner or
their families, agents, representatives, invitees, representatives, assignees or transferees shall
do anything that will interfere with these landscaped areas. Any damage or interference shall
be immediately remedied at the sole cost of the Lot Owner. The Lot Owners of the burdened
Lots shall not do anything that will interfere with the operation and maintenance of the
landscaped areas including any activities that damage the plantings or the water feature.
ARTICLE VII
WATER SYSTEM
A. Description, Ownership and Management of Water System:
1. Description: The Water System is described in detail in the Water System
Management Agreement. This document is available from the HOA upon request during
office hours.
2. Ownership: Declarant is the owner(Water System.Owner) of the water system
(Water System). The Water System is subject to approval of design, construction and
operation by the Idaho Department of Environmental Quality and the Idaho Department of
Water Resources. Ownership and management is subject to a Water System Management
Agreement Ownership of the system may be transferred to a municipality, a water district, a
corporation or company organized to own and manage such systems or the homeowners'
association if approved by the respective governmental entities.
2. Management: The Water System is managed by the Water System Manager
pursuant to the Water System Management Agreement. Except as provided in that
agreement, Lot Owners shall have no right, title and/or interest in the 'Water System,
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 13
33

including any water and water rights, including groundwater and groundwater rights, and
storage rights owned by the Water System Owner.
3. Access to Lots for System Management: The Water System Owner,the Water
System Manager and all authorized personnel, agents, representatives or contractors shall
have the right to go onto any Lot or Common Area in connection with the management,
operation, repair, replacement or other activity associated with the Water System. All such
access shall be during reasonable hours; access at any time shall be deemed reasonable for
emergencies.
4. Access to Water System Facilities: Only the Water System Owner, Water
System Manager and authorized personnel, agents, representatives or contractors are
allowed to have access to the Water System Facilities and equipment. Although such facilities
and equipment are located on Lot 16, which is a common Lot, the Lot Owners and their
guests, invitees or families have no right to go within the Domestic Water System facility or
interfere in any manner with its operation, maintenance or improvements.
B. Financial Records,Accounts,Accounting and Audits: The Water System Owner shall
be responsible for the financial records for the Water System and such records shall be
managed by the Water System Manager in accordance with the Water System Management
Agreement and the following:
1. Accounting and Accounts: The Water System Manager shall also establish an
accounting system or system of accounts for the Water System which shall be managed under
general accounting principles,with reports as required or appropriate produced on at least an
annual basis and provided to the Water System Owner.
2. Bank Accounts: The Water System Manager shall establish a bank account
with an appropriate banking institution. All charges, fees, assessments and reserve funds
collected from Lot Owners relating to the Water System All such funds shall be deposited
into the bank account Revenue in excess of operation and maintenance costs shall be held in
a reserve account for future capital expenditures. If ownership of the Water System is
transferred, the Water System manager shall transfer the bank account, and all funds
deposited therein, to the succeeding Water System Owner, or Manager as agreed to by the
successor Water System Owner.
3. Audits: The Water System Owner shall arrange for third party financial
audits of the Water System financial records either on an annual basis or other reasonable
period of time.
C. Insurance: The Water System Owner shall obtain and keep in full force and effect,
policies of insurance to include interruption of service and public liability.
D. Meters: Meters shall be installed on the Lot prior to occupancy to measure and
regulate the use of the Water System by each lot for domestic water, as well as to prevent
unauthorized use of water, and to establish a reasonable monthly maximum amount of water
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 14
34

allowed in connection with each Lot. Meters may be read regularly or on any such basis as is
reasonable to ensure proper use of the water
E. Prevention of Contamination: All reasonable'efforts shall be taken by Lot Owners,
persons in possession of Lots, the Water System Owner and the Water System Manager to
prevent contamination of the groundwater supply for the Water System.
1. Backflow Systems and Assemblies: The individual water system serving each
Lot shall be equipped with an approved backflow prevention system and assembly. All
backflow prevention assemblies installed on any Lot must be one listed in the most recent
edition of the University of California Foundation for Cross-Connection Control and
Hydraulic Research. The backflow prevention system and assembly must be installed on the
residential service line after the water meter and prior to addition connections to the
residential service line. It shall be the responsibility of each Lot Owner, at such Lot Owner's
sole cost and expense, to promptly replace or repair any backflow prevention system and
assembly or any component thereof that is defective or requires repair. In addition, the Lot
Owner shall be responsible at such Lot Owner's sole cost and expense, to promptly replace
any backflow prevention system and assembly existing on any Lot that is no longer listed on
the forgoing list of approved backflow prevention systems and assemblies. Each Lot Owner,
at such Lot Owner's sole cost and expense, shall ensure the correct operation of the backflow
prevention system and assembly on such Lot and shall test the functioning of the backflow
prevention system and assembly at least annually and report the result of such testing to the
Water System Manager. A backflow assembly tester licensed by the State of Idaho must
perform testing.
2. Design Standards: Design and construction of all water facilities shall be in
compliance with all Idaho Department of Environmental Quality and Idaho Department of
Water Resources standards established to minimize the potential for groundwater
contamination including IDAPA 37.03.09 — Well Construction Standards, and IDAPA 58.01-
08.550--Design Standards for Public Water Systems.
3. Prohibited Activities: All persons, including each Lot Owner as well as any
person occupying a Lot, shall take all reasonable measures to protect any and all wellheads
serving the Water System,including,without limitation:
(a) Parking: Except for equipment utilized for operation, maintenance,
repair or replacement owned or operated under the direction of the Water System Owner or
the Water System Manager or their authorized personnel, agents, representatives or
contractors no equipment or vehicles shall be parked within fifty(50)feet of the Well Lot. In
no event shall any equipment or vehicles be parked within fifty (50) feet of any wellhead
unless necessary for operation,maintenance,repair or replacement of the well facility itself.
(b) Chemicals and Petroleum Products: No chemicals of any kind,
including but not limited to pesticides, herbicides, fertilizers, petroleum products, toxic or
hazardous materials shall be permitted, placed, stored, or used within fifty (50) feet of any
wellhead or facilities Iocated on the Well Lot.
DECLARATION OF RESTRICTIVE COVENANT'S
OF SOUTHSHORE SUBDIVISION NO.2,Page 15
35

(c) Standing Water: No standing water or storm water runoff shall be
permitted to accumulate within a fifty(50)foot radius of any wellhead.
F. Separate Water Systems Prohibited: No separate or individual water supply systems,
regardless of the proposed use of the water to be delivered by such system shall be constructed
on any Lot. No Lot Owner or person in possession of a Lot may disconnect from the Water
System.
G. Service: Each Lot shall have access to the Water System for purposes of obtaining
water for domestic water use including culinary uses and fire suppression. All Lots are
required to obtain all domestic water from the Water System. No Lot Owner is allowed to
develop a separate water system to serve the Lot. Nonuse of the water system shall not relieve
a Lot Owner of the requirement to pay all assessments for the Water System as provided
below.
H. Service Fees and Assessments: The Water System Owner, in consultation with the
Water System manager, shall establish fees for the use of the Water System, which fees may
be adjusted from time to time and assessed against the Lots for use of the Water System. The
Water System Manager shall collect such fees. Taking possession of a Lot shall subject the
Lot Owner to liability for payment of all assessments pertaining to the Water System.
1. Initial Assessment: The initial assessment shall be collected at the closing of the
sale- of the Lot. Such fee shall include, but is not limited to the costs associated with
installation of distribution lines, development and management of the system as well as
administrative costs.
2. Regular Assessments: The Water System Owner may assess an average
assessment for use of the Water System or may read the meters and charge an individual rate
based on actual water usage together with pro-rata fees for other costs of the Water System,
including but not limited to administration, operation, maintenance, repair and capital
reserve accounts for replacement of the system.
3. Limited Assessments: The Water System Owner shall have the right to assess
Limited Assessments for unforeseen management, repair, operation, maintenance or capital
reserve needs for proper operation of the Water System. All Lot Owners shall be subject to
such Limited Assessments as may be determined by the Water System Owner.
4. Excess Water Use Limited Assessment: No excess use of water shall be
allowed. If a meter for a particular Lot indicates that more domestic water is being utilized
on the respective Lot, as reasonably compared to the amount of water used by other Lot
Owners, the Water System manager may read that particular meter on a regular basis and
the Lot Owner shall be charged a Limited Assessment that shall be proportionate to the
amount of water used in excess of the reasonable maximum monthly amount. Such Limited
Assessment shall be in addition to the portion of the Regular Assessment associated with the
Water System. Additionally, if any dispute arises between Lot Owners that alleges
unreasonable water use by another Lot Owner or person in possession of another Lot, the
Water System Manager shall use the water meters to determine the monthly water volume
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 16
36

consumed by such Lot Owners or those in possession of such Lots and, if appropriate, charge
a Limited Assessment to any Lot Owner where significantly more water is being utilized on
that Lot Owner's Lot as compared to other Lots. In the event of refusal to pay any such
Limited Assessment or a refusal to curtail water use,the Water System Owner shall have the
right to deny or terminate water service to a Lot until such time as the Lot Owner pays such
assessments and curtails such excess use of the Water System.
5. Reserve Account: The Water System Owner shall establish at least one reserve
account into which shall be deposited funds set aside and used for the exclusive purpose of
replacement or repair of the Water System. The Regular Assessment shall include a pro-rata
fee assessed equally against all Lot Owners to fund such repair and replacement of the Water
System based on existing repair or replacement needs as well as life expectancy of the
individual Water System components (capital expenditures).
b. Settine Assessments: The Water System Owner shall review, at least annually,
the water usage,Regular,Limited and Excess Water Use Limited Assessments in consultation
with the Water System Manager. The Regular Assessments may, but are not required, to be
adjusted annually based on actual and projected expenses for administration, management,
maintenance, operation and repairs as well as projected future capital expenditures facilities
replacement.
I. System Responsibility: The Water System Owner is only responsible for operation,
maintenance, repair, 'replacement or improvement, including repair of leaks, service
connections and meters, only from the corporation stop connection at the water main to the
water meter. The Lot Owner is solely responsible for operation, maintenance, repair,
replacement or improvement, including but not limited to repair of leaks, service connections
and lines for that portion of the Water System from the water meter to the point of use or
residence,whichever first occurs.
J. Termination of Service: Upon written notice, the Water System Owner may deny or
terminate water service to a Lot for any of the following reasons:
1. Refusing Access: The Lot Owner or a person in possession of the Lot denies
access to that portion of the Water System located on,within or serving the respective Lot.
2. Excessive Water Use: The Lot Owner or a person in possession of the Lot
engages in water consumption on the respective lot that repeatedly and significantly exceeds
per Lot consumption as reasonable compared to the amount of water used by other Lots.
3. Violation of Rules or Policies for Water Use: The Lot Owner or a person in
possession of the Lot violates the policies and procedures concerning water use, including but
not limited to:
(a) Failure to timely repair water leaks for which the Lot Owner is
responsible;
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 17
37

(b) Failure to comply with the backflow prevention or cross connection
control requirements;
4. Such action is necessary to prevent a violation of local, state or federal health,
welfare or safety laws or regulations.
K. Water Availability: Declarant does not guarantee the availability of water for any Lot.
Such water is subject to approved uses by the Idaho Department of Water Resources.
Availability of water is also subject to the amount of water that can be produced by the Water
System itself.
L. Water ualit1:1 The source water quality associated with the Water System meets all
state and federal primary drinking water standards.
ARTICLE VIII
Architectural Committee
A. Initial Members: The Architectural Committee shall have three (3) members. The
initial members of the Architectural Committee are appointed by and serve at the discretion
of the Declarant. The initial members are Don Hubble, Clay Burnham & Emmett Price.
These individuals serve at the discretion of the Declarant. The Declarant may increase or
decrease the number of members. Once the Declarant completes the transfer of
responsibilities for all the Common Facilities to the Homeowner's Association,the Association
may increase or decrease the number of members in accordance with the Bylaws of the
Association.
In the event of death or resignation of a member, the remaining members shall have
full authority to act, and within a reasonable time after the occurrence of such vacancy, the
Declarant, of if after the completion of the last dwelling unit, the Board of Directors of the
Association shall appoint a replacement.
B. Action by Quorum and Majority: A majority of the Architectural Committee shall
constitute a quorum. All action by the Architectural Committee shall be by majority vote of
those members in attendance so long as a quorum is present at a meeting.
C. Liability for Architectural Committee Action: All Owners agree that the
Architectural Committee and its successors shall incur no liability for any omissions or acts
under this Declaration.
D. Duties: The duties of the Architectural Committee are to review, approve, deny or
conditional approval of all new construction or alteration of existing structures on such terms
and conditions as the Architectural Committee shall deem appropriate. Its determination is
binding on all parties. The Architectural Committee is further charged with enforcement of
this Declaration until the Board of Directors takes over the responsibilities of the
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 18
38

Architectural Committee pursuant to Paragraph H below. The Architectural Committee
may, with the consent of the Declarant, appoint a Sub-Committee, which may or may not be
constituted of Members of the Association, to enforce all areas of this Declaration not
pertaining to new construction.
E. Duties of Sub-Committee: In the event that a Sub-Committee is appointed, its duties
shall be to enforce, control and review for approval,non-approval or conditional approval,all
areas encompassed by this Declaration not pertaining to new construction or alteration of
existing structures. All Owners agree that the Sub-Committee and its successors shall incur
no liability for any omissions or acts under this Declaration. In the event of death or
resignation of a member,the remaining members shall have full authority to act, and within a
reasonable time after the occurrence of such vacancy, the Architectural Committee and
Declarant, or if after the completion of the last dwelling unit, the Board of Directors of the
Association shall appoint a replacement.
F. Submission of Plans and Specifications: Prior to any construction, erection, repair or
alteration, including location of any structure, building or residence on any Lot, different
color or materials, of structures, fences, outbuildings, etc., as herein provided, there shall be
submitted to the Architectural Committee, one set of detailed plans and specifications that
shall include a plot plan, elevations, square footage, floor plan, location of structures on the
Lot and samples of exterior colors and materials including paint and roofing. The submission
shall be in accordance with rules to be set by the Architectural Committee for such
submissions together with non-refundable review fees that shall be set at not less than One
Hundred Dollars ($100)per review.
G. Approval_by Architectural Committee: No building or other structure, shall be
erected, placed altered or maintained on any Lot until the construction plans and
specifications and a plan showing the location of the structure have been approved by the
Architectural Committee as to quality of workmanship and materials, harmony of external
design with existing structures, compliance with specific material type requirements and
location,etc. as provided herein.
The Architectural Committee shall have fifteen (15) days to review the plans,drawing
and specifications. The Architectural Committee shall indicate its approval of the proposal by
the dating and signing of the plans by a designated member of the Architectural Committee.
Such approval shall be construed as full compliance with this Declaration. Approval shall be
transmitted to the applicant by letter. No proposal shall be deemed approved without the
authorized signature of an Architectural Committee member. The Architectural Committee
shall have the sole discretion to determine what is substantial or full compliance with this.
Declaration. The Architectural Committee shall have the right to retain the plans and
specifications. The Architectural Committee shall have no authority to approve the interior
design except to the extent incidentally necessitated by use and size requirements.
H. Release of Initial Architectural Committee and Sub-Committee: Upon the sale of the
last Lot in the Property, the work of the initial Architectural Committee and any Sub-
Committee shall be deemed completed, and said members shall then be automatically
released from all responsibilities thereto. If the Association has been formed, then at the sale
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO,2,Page 19
39

of the last Lot and not before, the then seated Board of Directors of the Association shall.
automatically become the Architectural Committee. Amending this Declaration shall not
affect this provision.
ARTICLE IX
Homeowners' Association
A. Incorporation of Documents: All the provisions of the conditions of approval for the
development of the Subdivision by Canyon County, including the conditional use permit,
Preliminary Plat and Final Plat, this Declaration and all other applicable Agreements shall be
deemed to be the controlling documents for the Subdivision as if fully set forth in a single
document. The priority shall be first the governmental requirements of Canyon County, the
Idaho Department of Environmental Quality, Southwest District Health Department and the
Idaho Department of Water Resources. Second shall be the organizational documents in
order of priority: this Declaration, the Articles of Incorporation, the By-Laws and last, the
Rules, if any, adopted by the Association.
B. Establishment of Association: Not later than the sale of the last residential Lot, the
Declarant or Owners shall form the Association through filing of Articles of Incorporation as
a nonprofit Idaho Corporation with the Idaho Secretary of State. Provided however, if there
is no common area to be maintained by an association, there shall be no requirement to form
one. In the event that one is formed,the following provisions shall apply.
C. Membership: Every Owner of Lot shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Lot.
D. Membership Classes and Voting: The Association shall have two (2) classes of voting
membership:
1. Class A: The Class A members shall all be Owners, with the exception of the
Declarant, during the period when the Declarant is a Class B member. Each Class A member
shall be entitled to one (1)vote for each Lot owned. When more than one (1) person holds an
interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as such Owners determine. However, there shall not be more than one (1)vote cast
per Lot; fractional votes shall not be permitted. The vote applicable to any Lot being sold
under contract of purchase shall be exercised by the contract seller, unless the contract
expressly provides otherwise.
2. Class B: The sole Class B member shall be the Declarant, which shall retain
one hundred percent(100%)voting control until the last Lot in the subdivision is sold and Lot
16 is transferred to the Association. In that event,Declarant shall become a Class A member
to the extent and under the same conditions as other Owners of Lots.
E. Officers and Directors: Not later than thirty (30) days following the sale of the first
Lot, the Declarant shall appoint the initial Board of Directors (Board) and officers. The
Board shall consist of the Declarant,which shall have the power of veto over any action by the
Board and at least two (2) other members who may also fill the positions of the Architectural
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.Z Page 20
40

Review committee as well as officer positions. As soon as five (5) Lots are sold, the Board
shall be elected as set out in the By-Laws. Provided, however,that the Declarant shall remain
the controlling Member until the transfer of all Lots in the Subdivision.
F. Assessments: Each Owner of any Lot, by acceptance of a deed therefore, whether or
not expressed in such deed,is deemed to covenant and agrees to pay to the Association:
1. Initial Set Up Fee: An initial assessment of Three hundred fifty dollars
($350.00) for each Lot, payable at closing of the first and subsequent sales of
each Lot.
2. Transfer fee: upon transfer of title of any lot and recordation of deed buyer
shall pay the HOA a transfer fee of two hundred twenty five dollars($225.00)
2. Periodic Assessments — Common Facilities: Regular annual or other regular
periodic assessments or charges including improvement maintenance and operation of the
Common Facilities shall be as set forth below, payable quarterly in advance. The first
quarter payment shall be paid at closing together with the initial assessment. If the closing is
during the quarter, the payment shall be applied first to the unexpired amount of the quarter
and then to the upcoming quarter. The purchaser shall pay the entire next quarter if there is
a proration of the quarter in which the Lot is purchased.
3. Irrigation System: All Lots shall pay Twenty five Dollars Per month ($25.00)
for improvement, maintenance and operation of the Irrigation System. The rights and
obligations pertaining to the Irrigation System are set forth in a separate document entitled
the Southshore Subdivision No. 2 Water Users Association Agreement (Water Users
Association). All Lot Owners shall comply with their obligations under that Agreement which
shall be managed by the Declarant or the Association. No assessment for the Irrigation
System shall be used for any other purpose without prior written approval of every Lot
Owner entitled to receive water from the Irrigation System.
4. Domestic Water System: All Lots shall a monthly charge for domestic water
service of Seventy five dollars per month ($75). This is determined under the water
management contract documents and set by the Owner of the Domestic Water System. The
rights and obligations pertaining to the Domestic Water System are set forth in a separate
document. Available upon request during business hours. All Lot Owners shall comply with
their obligations under those documents. No assessment for the Domestic Water System shall
be used for any other purpose without prior written approval of the respective government
agencies and every Lot Owner entitled to receive water from the Domestic Water System.
5. Private Road and Other Common Facilities & administrative cost and
expenses: Each owner shall pay ninety-five dollars per month.($95) these assessments shall be
utilized for the operation, improvement, maintenance and repair of the Private Road and the
other Common Facilities not specifically referred to above. These assessments shall be utilized
for any administrative costs and expenses incurred including but not limited to legal and
management costs.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 21
41

6. Special Assessments: Special assessments for unanticipated costs such as
litigation,unexpected repair or maintenance costs and capital improvements,including repair
or alteration of existing improvements or new improvements, shall be fixed, established and
collected from time to time as hereinafter provided. Special assessments are not limited by
the provisions of Subparagraph 2 above. No Owner may waive or otherwise escape liability
for the assessments provided for herein by nonuse of any of the Common Areas or
abandonment of the Owner's Lot.
G. Property Exempt from Assessments: The following property subject to this
Declaration shall be exempt from the assessments created herein:
1. Properties expressly dedicated to and accepted by a local public authority;
2. Lots or Common Area owned by the Association.
3. Unsold lots owned by the Declarant.
4. Properties receiving irrigation water,but not part of the Subdivision Plat.
H. Due Date of Assessments: The annual assessments shall commence as set forth above
and shall be paid quarterly as so provided. The annual assessment shall be adjusted according
to the number of months remaining in the calendar year so that all Lots have the same annual
assessment and the same annual assessment period. The Board of Directors, or the
Architectural Committee prior to the establishment of the Association, shall fix the amount of
the annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period which shall commence January 1 of each year. Written notice of the
annual assessment shall be sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors or the Architectural Committee if prior to
establishment of the Association. The Association shall, upon demand, and for a reasonable
charge furnish a certificate by an officer of the Association setting forth whether the
assessments on the specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the
date of its issuance.
1. Unpaid Assessments: Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at the rate of twelve percent(12%) per annum or at
such other interest rate as may be established annually by the Board of Directors. In the
event that such assessments,whether cumulative or singular, remain unpaid for a period of
ninety (90) days, an additional one dollar ($1.00) per day shall be imposed, calculated from
the date the respective assessment was due. Penalties shall run separately on each due and
unpaid assessment in the event that more than one(1) assessment remains unpaid. The lien of
the assessments shall be subordinate to the lien of any first mortgage provided that a person
or entity unrelated to the Lot Owner holds such first mortgage. However,the sale or transfer
of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish
the lien of such assessments as to payments that became due prior to such sale or transfer. No
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 22
42

sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof.
J. Use of Assessments: The assessments levied by the Association'` shall be used
exclusively as set out above, enforcement of the provisions of this Declaration, administrative
costs and expenses.
K. Increase in Assessment Amounts: From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum annual assessment may
not be increased each year more than ten percent (10%) of the previous year's total periodic
assessment without a vote of the Lot Owners. Any increase shall reflect the previous year's
actual expenses and projected operation and maintenance costs. Were such actual costs and
expenses from the previous year together with the reasonable projected costs and expenses for
the upcoming year exceed the ten percent (10%) limitation, assessments may be increased
without approval of the Lot Owners. Increases subject to the vote of Lot Owners shall be
approved by not less than two-thirds (2/3) of each class of members who are voting in person
or by proxy at a meeting duly called for this purpose as set forth below. Provided, however,
that votes shall be one(1)vote per Lot.
L. Assessments a Charge Against the Lot: The regular and special assessments, together
with interest, costs of collection and reasonable attorneys fees shall be a charge on any Lot
and shall be a continuing lien on the Lot against which such assessment is made. Each such
assessment,together with interest, costs of collection and reasonable attorney's fees, shall also
be the personal obligation of the Owner of such Lot at the time when the assessment fell due.
The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a
personal obligation of successors in title,unless expressly assumed.
M. Notice and Ouorum for_Meetings: Written notice of any meeting called for the
purpose of taking any action authorized under Paragraphs E and F shall be sent to all
members not less than thirty (15) days nor more than sixty (60) days in advance of the
meeting. At such meeting the presence of Owners or of proxies entitled to cast fifty one
percent (20%) of all the votes of each class of membership shall constitute a quorum. If the
required quorum is not present, the meeting shall be adjourned and rescheduled for a time
and place not less than ten (10) days and not more than thirty (30) days subsequent. Written
notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in
advance of the rescheduled meeting date. The required quorum at the subsequent meeting
shall be satisfied by the presence in person or by proxy of twenty-five percent (25%) for each
class of membership.
N. Common Facilities Matters: The Association shall have the right to dedicate or
transfer all or any part of the Common Facilities to any public agency authority, or utility for
such purposes and subject to such conditions as may be agreed to by the members. No such
condition or transfer shall be effective unless authorized by members entitled to cast two-
thirds (2/3) of the majority of the votes at a special or general member's meeting and an
instrument signed by the Chairperson and Secretary has been recorded in the appropriate
county deed records, agreeing to such dedication or transfer. Written notice of the proposed
action and meeting at which action is intended to be taken shall be sent to every member of
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 23
43

the Association not less than ten (10) days nor more than fifty (50) days,prior to such
dedication or transfer.
O. Association Duties: The Association is authorized,but not limited,to the following:
1. Prepare an annual budget which shall indicate anticipated management,
operating, maintenance, repair and other common expenses for the Association's next fiscal
year and which shall be sufficient to pay all estimated expenses and outlays of the Association
for the next calendar year which grow out of or are in connection with the maintenance and
operation of Common Area and improvements. This budget may include,but is not limited to
the cost of maintenance, management, special assessments, insurance (fire, casualty and
public liability, etc.), repairs, wages, water charges, legal and accounting fees, management
fees, expenses and liabilities incurred by the Association from a previous period, and the
creation of any reasonable contingency or other reserve fund.
2. Perform or have performed the repairs, upkeep and maintenance, normal
servicing, development of rules for use, care and safety of Common Area, payment of bills
and related expenses for any Common Area.
P. Insurance: The Association must, if available at a reasonable cost, have a
comprehensive policy of public liability insurance covering all of the Common Areas. Such
insurance policy shall contain a severability of interest endorsement that shall preclude the
insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of'the
Association or other Owners. The scope of coverage must include all other coverage in the
kinds and amounts required by private institutional mortgage investors for projects similar in
construction,location and use.
1. Contribution: Insurance secured and maintained by the Association.shall not
be brought into contribution with insurance held by the individual Owners or their mortgage
holders.
2. Subrogation Waiver: Each policy of insurance obtained by the Association
shall where possible provide:
a. A waiver of the insurer's subrogation rights with respect to the
Association,its officers,the Owners and their respective servants,agents and guests.
b. A provision that the policy cannot be canceled, suspended or invalidated
due to the conduct of any agent,officer or employee of the Association without a prior written
demand that the defect be cured.
C. That any "no other insurance" clause therein shall not apply with
respect to insurance held individually by the Owners.
3. Idaho Insurers: All policies shall be written by a company licenses to write
insurance in the State of Idaho and all hazard insurance policies shall be written by a hazard
insurance carrier holding a financial rating by Best's Insurance Reports of Class VI or better.
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 24
44

4. FHLMC/FHMA Requirements: Notwithstanding anything herein contained to
the contrary,insurance coverage must be in such amounts and meet other requirements of the
Federal Home Loan Mortgage Corporation (FHLMC) and Federal National Mortgage
Association(FNMA)
5. Worker's Compensation: The Association shall purchase workmen's
compensation and employer's liability insurance and all other similar insurance with respect
to any employees of the Association in the amounts and in the forms now or hereafter
required by law.
b. Miscellaneous: The Association may obtain insurance against such other risks,
of a similar or dissimilar nature, as it shall deem appropriate with respect to the properties,
including any personal property of the Association located thereon. The provisions of this
Article shall not be construed to limit the power or authority of the Association to obtain and
maintain insurance coverage, in addition to any insurance coverage required hereunder, in
such amounts and in such forms as the Association may deem appropriate from time to time.
ARTICLE X
Miscellaneous
A. Common Facilities Title and Improvements Transfer to Association: Common
Facilities, where allowed under local, state or federal provisions, shall be conveyed to the
Association not later than the sale of the last Lot by the Declarant. Provided, Declarant shall
retain the right to continuing access to any system or common area to complete such
improvements thereon or thereto as Declarant intends to construct.
B. Severability: Invalidation of any one of these covenants or restrictions by judgment or
court order shall not invalidate or affect any other provisions hereof, which shall remain in
full force and effect.
C. Binding Effect: The covenants and restrictions of this Declaration and any
amendment hereto shall run with and bind the land. These covenants shall run with and bind
the land for a term of twenty(20)years from the date this Declaration is recorded,after which
time they shall be automatically extended for successive periods of ten years, unless amended
in accordance with Paragraph D below.
D. Amendment: This Declaration may be amended by the Declarant at any time prior to-
the sale of the last Lot. Where an amendment is made by the Declarant, the terms so
amended shall apply only to the Lots remaining unsold. Any amendments affecting Lots that
are owned by persons or entities other than Declarant shall require approval by such other
Lot Owners as set out below. Provided, however, any terms required by governmental
entities shall not require approval by the Lot Owners but shall be within the sole discretion of
the Declarant and shall apply to all Lots.
After the sale of the last Lot, up to the end of twenty (20) years from the date this
Declaration is recorded, it may be amended only by either the notarized signatures of seventy-
DECLARATION OF RESTRICTIVE COVENANT'S
OF SOUTHSHORE SUBDIVISION NO.2,Page 25
45

five percent (75%) of the Lots or an instrument signed and acknowledged by the President
and Secretary of the Association affirming that such amendment was approved, either by
proxy or affirmative vote at a meeting called for such purpose, of not less than seventy-five
percent(75%)of the Lots subject to this Declaration.
Thereafter, this Declaration may be amended or terminated only by either the
notarized signatures of sixty-six percent (66%) of the Lots or an instrument signed and
acknowledged by the President and Secretary of the Association, affirming that such
amendment was approved, either by proxy or affirmative vote at a meeting called for such
purpose, of not less than sixty-six percent(66%) of the Lots. Amendment or termination may
take place at anytime.
The provisions pertaining to the Domestic Water System may not be amended without
the approval of the respective governing entities.4
E. Assignment by Declarant: Any or all rights, powers and reservations of Declarant
herein contained may be transferred or assigned to the Association or to any other person,
including corporations or associations which are now organized or which may hereafter be
organized which will assume the specific rights, powers and duties of Declarant hereunder,
evidencing its intent in writing to accept such assignment. All rights of Declarant hereunder
reserved or created shall be held and exercised by Declarant alone, so long as it owns any
interest in any portion of the Property until the sale of the last Lot.
IN WITNESS WHEREOF, the Declarant has executed this instrument on the date
following the signature below.
r Dated:
**Name **
STATE OF IDAHO )
)ss
COUNTY OF )
On this 13th day of Lune,2012,before me,the undersigned,a Notary Public in and for
the State of Idaho, personally appeared Edwin Don Hubble known or identified to me to be
the person whose name is subscribed to this instrument and acknowledged that he executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal
the day and year first above written.
�Q.N,.... /
�••NOTAR Y_'? "-NOTARY PUBLIC FOR THE STATE OF IDAHO
Residing at:Boise ID
..,,PUBLIC• •' My Commission expires: 10-01-2015
UP 0
qTF•o F Vo
DECLARATION OF RESTRICTIVE COVENANTS
OF SOUTHSHORE SUBDIVISION NO.2,Page 26
46

Canyon County Recorder System June 13 , 2012
1115 Albany St, Caldwell Idaho 83605 14 : 08
Receipt 2012007749 - 06/13/2012
Received from: HUBBLE HOMES LLC
Address :
Amount : $ 85 . 00
Description: 2012024277
For: GRP Reception $ 85 . 00
CASH $ Bya, e��_L
CHECK $ 85 . 00 Deputy
47

Page 1 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
Priority: February 13, 2012 Maximum Diversion Rate: 0.33 CFS
It is hereby certified that FIRST SECURITY CORP
MOLLY RIGBY ASSISTANT VICE PRESIDENT
401 W FRONT ST
BOISE ID 83702 has complied with the terms and conditions of the permit,
issued pursuant to Application for Permit dated May 13, 2005; and has submitted Proof of Beneficial Use
on . An examination confirms water is diverted from:
SOURCE
GROUND WATER
and a water right has been established as follows:
BENEFICIAL USE PERIOD OF USE DIVERSION RATE
DOMESTIC 01/01 to 12/31 0.33 CFS
LOCATION OF POINT(S) OF DIVERSION:
GROUND WATER L6 (SEY4SWY4) Sec. 2, Twp 02N, Rge 03W, B.M. CANYON County
PLACE OF USE: DOMESTIC
Twp Rge Sec NE NW I SW I SE
1 NE 1 NW 1 SW 1 SE I NE 1 NW 1 SW 1 SE NE 1 NW 1 SW 1 SE �_ NE 1 NW 1 SW 1 SE I Totals
02N 03W 2 1 I I X I X I
I I I L61 I
CONDITIONS OF APPROVAL
1. The domestic use authorized under this right includes water for 15 homes. This component of the
domestic use shall not exceed 13,000 gallons per day within each platted subdivision lot upon which
a home has been constructed.
2. The domestic use also includes water for the well lot, lot 16. The well lot component of the domestic
use is limited to 0.04 cfs and 2,500 gallons per day.
3. The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot, within platted
subdivision lots 1-15, upon which a home has been constructed.
4. Point of diversion is located within Lot 16, Blk. 1, Southshore Subdivision No. 2.
5. Place of use is located within Lots 1-16, Block 1, Southshore Subdivision No. 2.
6. The right holder shall make full beneficial use of all surface water rights available to the right holder
for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the
diversion of ground water under this right to those times when the surface water supply is not
available or the surface water supply is not reasonably sufficient to irrigate the place of use
authorized under this right.
48

Page 2 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
7. If the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on
any other place of use, this right to divert groundwater for irrigation shall not be used without an
approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a
transfer is not required.
8. Diversion and use of water for the irrigation component of the domestic use, when combined with all
other rights for the same purpose, shall not exceed a combined total of 33.8 acre annually at the
field headgate.
9. Diversion and use of water for the in-house component of this domestic use shall not exceed 9 AF
annually.
10. After specific notification by the Department, the right holder shall install a suitable measuring
device or shall enter into an agreement with the Department to determine the amount of water
diverted from power records and shall annually report the information to the Department.
11. When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to
offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of
water required for mitigation, which is to be released into the Snake River or a tributary for this
purpose, will be determined by the Director based upon the reduction in flow caused by the use of
water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall
be in conformance with applicable rules allowing the right holder due process as the need for
mitigation and the amount of mitigation are determined.
This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right
confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho
law and applicable rules of the Department of Water Resources.
Signed this ±�day of �, �" `r 2012.
I
GARY SPACI�)AN
Interim Director
49

1y
Form42-248/42-1409(6) Rev. I/IS RECEIVE ii VV
STATE OF IDAHO 1�� O���
DEPARTMENT OF WATER RESOURCES
WATER RESOURCES
Notice of Change in Water Right Ownership WESTERN REGION
1. List the numbers of all water rights and/or adjudication claim records to be changed. If you only acquired a portion of the water right
or adjudication claim,check"Yes"in the"Split?"column. If the water right is leased to the Water Supply Bank,check"Yes". If you
are not sure if the water right is leased to the Water Supply Bank,see#6 of the instructions.
Leased to Water Leased to Water
Water Right/Claim No. Split? Supply Bank? Water Right/Claim No. Split? Supply Bank?
63-32259 Yes ❑ Yes ❑ Yes ❑ Yes ❑
Yes ❑ Yes ❑ Yes ❑ Yes ❑
Yes ❑ Yes ❑ Yes ❑ Yes ❑
Yes ❑ Yes ❑ Yes ❑ Yes ❑
Yes ❑ Yes ❑ Yes ❑ Yes ❑
2. Previous Owner's Name: Hubble Homes, LLC
Name of current water right holder/claimant
3. New Owner(s)/Claimant(s): SOUTHSHORE 2 WATER COMPANY LLC
New owner(s)as listed on the conveyance document Name connector ❑and ❑or ❑and/or
PO Box 968 Meridian ID 83680
Mailing address City State ZIP
208-287-8811 [e-mail]
Telephone Email
4. If the water rights and/or adjudication claims were split,how did the division occur?
❑ The water rights or claims were divided as specifically identified in a deed,contract,or other conveyance document.
❑ The water rights or claims were divided proportionately based on the portion of their place(s)of use acquired by the new owner.
5. Date you acquired the water rights and/or claims listed above: 12-31-2017
6. If the water right is leased to the Water Supply Bank changing ownership of a water right will reassign to the new owner any Water
Supply Bank leases associated with the water right. Payment of revenue generated from any rental of a leased water right requires a
completed IRS Form W-9 for payment to be issued to an owner.A new owner for a water right under lease shall supply a W-9. Water
rights with multiple owners must specify a designated lessor,using a completed Lessor Designation form. Beginning in the calendar
year following an acknowledged change in water right ownership,compensation for any rental will go to the new owner(s).
7. This form must be signed and submitted with the following REQUIRED items:
® A copy of the conveyance document — warranty deed, quitclaim deed, court decree, contract of sale, etc. The conveyance
document must include a legal description of the property or description of the water right(s)if no land is conveyed.
® Plat map, survey map or aerial photograph which clearly shows the place of use and point of diversion for each water right
and/or claim listed above(if necessary to clarify division of water rights or complex property descriptions).
® Filing fee(see instructions for further explanation):
o $25 per undivided water right.
o $100 per split water right.
o No fee is required for pending adjudication claims.
❑ If water right(s)are leased to the Water Supply Bank AND there are multiple owners,a Lessor Designation form is required.
❑ If water right(s)are leased to the Water Supply Bank,the individual owner or designated lessor must complete,sign and submit an
IRS Form W-9.
8. Signature: MeA -1 -1
Ls--gnature of new owner/claimant Title,if app-cable Date
Signature:
Signature of new owner/claimant Title,if applicable Date
For IDWR OffisRr-t?s�pnly: L� WO
/ W
Receipted b_t �. ) Date l a Ovf Receipt No. ,V O -� l I Receipt Amt. 7
Active in the Water Supply Bank? Yes❑ No If yes,forward to a State Office for processing
W-9 received? Yes❑ Nodr
Name on W-9 K Approved by� Processed by W Date
50

BILL OF SALE
THIS BILL OF SALE is effective the 31 st day of December, 2017,and is between Hubble
Homes, LLC, an Idaho limited liability company ("Transferor), and SouthShore 2 Water
Company, LLC, an Idaho limited liability company("Transferee").
For valuable consideration, including the respective rights and obligations associated that
certain Membership Interest Purchase Agreement of approximately even date herewith (the
"Agreement")between E.Don Hubble,as seller thereunder,and Ryan Martin,as buyer thereunder,
which Agreement necessarily involves Water Right No. 63-32259 (together with all rights and
other appurtenances associated therewith, the "Water Right"), Transferor hereby sells, transfers,
conveys, and sets over to Transferee all of Transferor's right,title, and interest in and to the Water
Right upon the terms and terms and conditions set forth in the Agreement, which Agreement is
incorporated herein by this reference.
The Water Right subject to this Bill of Sale is being conveyed as-is, where-is. All other
representations and warranties of the parties related in any way to the Water Right are set forth in
the Agreement.
TRANSFEROR: Hubble Homes, LLC TRANSFEREE: SouthShore 2 Water
Company, LLC
By: , By:
Print: Print:
Title: i A, Title:
Bill of Sale— l
51

n
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I ��. 'n =_• ---- �Well Lot Location
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52

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53

CURIE TABLE FINAL PLAT SHOVING
2WIl �.7r SOUTHSHOR' SUBDIVISION NO. 2
Cl 267.6W 3M47' 16a43• SMW34•E 166.4W
a b337t' ai13'25' 197,71' SSM2n 160.36'
004 3 20O31& W 28*4r30' 116.2W S0444'4'E 113. AfC096E0
310AW 1OW21 '47.26 36 '3E 'u.,y PART OF GOV. LOT 6 IN THE S 112 OF
C6 290.0W It/'6Wa1' OS.3S' Ssl'36'IYE 64.OJ'
31&W5.116' 10'46•S6' 66.72' SMV54'E 87.63 IifiR 30 Afi li 08CC SECTION 2, T. 2 N., R. 3 W.,B.lkd:
C7 313.66' 1SS2'66• 87Ar S7WI9'64•E t17.2W
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C10 73.00' 00�00•W 11Z61' N44.61'02'W 106.07' CAI ll' !�•=N
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FINAL PLAT SHOWING
SOUTHSHORE SUBDIVISION NO. 2
0W7VERS CERTIFICATE PART OF GOV. LOT 6 IN THE S 112 OF
KAVW ALL AMV BY MEW PREM I SECTION 2, T. 2 N., R. 3 F..,B.M.
l"AAS m HEADERspr Ls rHE owNER a�rW REAL PIPa0ER7rOES�M- CANYON COUNTY, IDAHO
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FINAL PLAT SHOWING
SO UTHSHORE SUBDIVISION NO. 2
PART OF GOY. LOT 6 IN THE S I/2 OF
SECTION 2, T. 2 N., R. 3 W,,E.M.
CANYON COUNTY, IDAHO
2009
NAMPA HIGHWAY
DISTR/CT #1 APPROVAL
N4MPA/eC71N'.4Y OV5TRACr ND. i DOES HEREBY ACMN TRS PLl r by
A�N►>t,rr� LG sD-1312 E srREEr RECORDER'S CER T/FICA TE
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JVRMim QR��n!+°T° PRJY,q siRE nWwac AcrEarEo PLANNING & ZONING APPROVAL
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COUNTY SURVEYOR APPROVAL
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2009 r 5U9UAMW MO.2-WAS DULY PROFESSM4 L4/D SURVEYOR W THE STATE OF A W4 AND 7rMr INS
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BKLla Ioja3 � La�rJ 8

Annual Report for W 114771 Page 1 of 1
No. W 114771 Due no later than Tun 30,2017 2•Registered Agent and Address
Annual Report Form (NO PO BOX)
Return to: DON HUBBLE
SECRETARY OF STATE 1.Mailing Address:Correct in this box if needed. 830 N. MAIN ST STE 220
700 WEST JEFFERSON SOUTHSHORE 2 WATER COMPANY LLC MERIDIAN ID 83642
PO BOX 83720 RYAN MARTIN
BOISE,ID 83720-0080 P.O. BOX 2654
EAGLE ID 83616 3. New Registered Agent Signature:*
NO FILING FEE IF
RECEIVED BY DUE DATE
4. Limited Liability Companies: Enter Names and Addresses of at least one Member or Manager.
Office Held Name Street or PO Address City State Country Postal Code
MANAGER E DON HUBBLE 980 E CAROL ST MERIDIAN ID USA 83646
S.Organized Under the Laws of: 6.Annual Report must be signed.*
ID Signature: Meghan E. Hebener Date: 04/27/2017
W 114771 Name(type or print): Meghan E. Hebener Title: Administrative Support
Processed 04/27/2017 *Electronically provided signatures are accepted as original signatures.
57
https:Hsos.idaho.gov/xt/?xp=%5C20170427%5CXMLPORTS—WI 147711704271529.xml 1/4/2018

State of Idaho
DEPARTMENT OF WATER RESOURCES
Western Region - 2735 Airport Way - Boise, Idaho 83705-5082
Phone: [phone] - Fax: [phone] - Website: www.idwr.idalio.gov
C.L."BUTCH"OTTER GARY SPACKAIAN
Governor Director
January 8, 2018
SOUTHSHORE 2 WATER COMPANY LLC
PO BOX 968
MERIDIAN ID 83680
RE: Notice of Ownership Change in Water Right No. 63-32259
Dear Applicants,
The Department acknowledges the receipt of correspondence changing ownership of the above referenced
water right to you. The Department has modified its records to reflect the change in ownership and has
enclosed a computer-generated report for your records.
Updating the ownership record for a water right does not reconfirm the validity of the right. When
processing an ownership change notice,the department does not review the history of water use to
determine if the right has been forfeited through five years or more of non-use. To read more about
water right forfeiture,including how to protect a water right from forfeiture,please see Sections 42-222
and 42-223, Idaho Code.
Please note that as of July 1, 1996,water right owners are required to report any change of water right
ownership and any change of mailing address of the owner of a water right,to the Department. Notice of the
change must be provided to the Department within 120 days of the change. Change reporting forms are
available from any office of the Department,or at www.idwr.idaho.gov.
If you have any questions concerning the enclosed information,please feel free to contact this office at 208-
334-2190.
Sincerely,
Chad Jones
Office Specialist 11
Western Regional Office
Enclosures
58

STATE OF IDAHO
Department of
Environmental Quality
1410 North Hilton•Boise, ID 83706 •[phone] C.L.'Butch"Otter,Governor
John H.Tippets, Director
August 08, 2017
SOUTHSHORE WATER(ID3140254)
PO BOX 2654
EAGLE, ID 83616
Dear Administrative Contact:
Idaho Department of Environmental Quality's Drinking Water Program routinely provides public water systems
with mail, invoice(s), and/or electronic correspondence. In the event of an emergency,we also need to be able to
contact the appropriate individuals as quickly as possible.To do so,we need to ensure the contact information
for your system is accurate.
Please take a moment to review the back of this letter. It lists the current mailing addresses, phone numbers, and
e-mail addresses for the Administrative Contact, Financial Contact, Emergency Contact, Designated Operator(s),
and Sampler(s) associated with your public water system. We also listed the connection count and population
served for your system.
It is important to note that the "Sampler"contact information is used by our auto dialer to remind public water
systems to take samples, provide public notification, or to complete a compliance schedule activity. Make sure to
identify all of the "Sampler"contacts that should be receiving these reminders.
If the information we have is correct,then no further action is necessary and we thank you for the review. If
our records are not correct,we respectfully request that you provide us with updated information as soon as
possible. Please utilize our online tool located at http://www2.deg.idaho.gov/water/dwcontacts to update your
public water systems contact information. The unique password that has been assigned to your water system is
yxcTuaEv
We appreciate your assistance. Please contact JAMI DELMORE at 208-455-5300 or
[e-mail] if you have any questions, concerns, or to provide updated information.
Sincerely,
tI
Curtis Stoehr
Field Services Lead
59

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61

62

Page 1 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
Priority: February 13, 2012 Maximum Diversion Rate: 0.33 CFS
It is hereby certified that FIRST SECURITY CORP
MOLLY RIGBY ASSISTANT VICE PRESIDENT
401 W FRONT ST
BOISE ID 83702 has complied with the terms and conditions of the permit,
issued pursuant to Application for Permit dated May 13, 2005; and has submitted Proof of Beneficial Use
on . An examination confirms water is diverted from:
SOURCE
GROUND WATER
and a water right has been established as follows:
BENEFICIAL USE PERIOD OF USE DIVERSION RATE
DOMESTIC 01/01 to 12/31 0.33 CFS
LOCATION OF POINT(S) OF DIVERSION:
GROUND WATER L6 (SEY4SWY4) Sec. 2, Twp 02N, Rge 03W, B.M. CANYON County
PLACE OF USE: DOMESTIC
Twp Rge Sec NE NW I SW I SE
1 NE 1 NW 1 SW 1 SE I NE 1 NW 1 SW 1 SE NE 1 NW 1 SW 1 SE �_ NE 1 NW 1 SW 1 SE I Totals
02N 03W 2 1 I I X I X I
I I I L61 I
CONDITIONS OF APPROVAL
1. The domestic use authorized under this right includes water for 15 homes. This component of the
domestic use shall not exceed 13,000 gallons per day within each platted subdivision lot upon which
a home has been constructed.
2. The domestic use also includes water for the well lot, lot 16. The well lot component of the domestic
use is limited to 0.04 cfs and 2,500 gallons per day.
3. The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot, within platted
subdivision lots 1-15, upon which a home has been constructed.
4. Point of diversion is located within Lot 16, Blk. 1, Southshore Subdivision No. 2.
5. Place of use is located within Lots 1-16, Block 1, Southshore Subdivision No. 2.
6. The right holder shall make full beneficial use of all surface water rights available to the right holder
for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the
diversion of ground water under this right to those times when the surface water supply is not
available or the surface water supply is not reasonably sufficient to irrigate the place of use
authorized under this right.
63

Page 2 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
7. If the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on
any other place of use, this right to divert groundwater for irrigation shall not be used without an
approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a
transfer is not required.
8. Diversion and use of water for the irrigation component of the domestic use, when combined with all
other rights for the same purpose, shall not exceed a combined total of 33.8 acre annually at the
field headgate.
9. Diversion and use of water for the in-house component of this domestic use shall not exceed 9 AF
annually.
10. After specific notification by the Department, the right holder shall install a suitable measuring
device or shall enter into an agreement with the Department to determine the amount of water
diverted from power records and shall annually report the information to the Department.
11. When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to
offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of
water required for mitigation, which is to be released into the Snake River or a tributary for this
purpose, will be determined by the Director based upon the reduction in flow caused by the use of
water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall
be in conformance with applicable rules allowing the right holder due process as the need for
mitigation and the amount of mitigation are determined.
This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right
confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho
law and applicable rules of the Department of Water Resources.
Signed this ±�day of �, �" `r 2012.
I
GARY SPACI�)AN
Interim Director
64

BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF IDAHO
IN THE MATTER OF LAPSED PERMIT ) ORDER OF
NO. 63-32259 IN THE NAME OF ) REINSTATEMENT
HENDERSHOT CONSTRUCTION INC )
This matter having come before the Idaho Department of Water Resources
("Department"), the Department finds, concludes and orders:
FINDINGS OF FACT
1. On June 26, 2006, the Department issued Permit No. 63-32259 in the name of
Hendershot Construction Inc. (permit holder). The Department issued permit 63-32259
with the condition that proof of construction of works and application of water to
beneficial use (proof of beneficial use) be submitted to the Department on or before
June 1, 2011.
2. On March 31, 2011, the Department notified the permit holder by certified mail that
proof of beneficial use was due and instructed the permit holder of the steps to be taken
to submit the proof of beneficial use.
3. On June 8, 2011, the Department sent the permit holder a lapse notice because
the Department had not received an acceptable proof of beneficial use statement or
request for extension of time to submit proof of beneficial use.
4. Section 42-218a.2, Idaho Code provides as follows:
(2) In connection with a proof of beneficial use statement submitted more
than sixty (60) days after such notice of lapsing, the director shall require all
of the following items to be submitted to the department:
(a) A report prepared by a certified water right examiner as the result of
an examination to clearly confirm and establish the extent of the
beneficial use of water established in connection with the permit
during the time authorized by the permit and any extensions of time
previously approved. The report shall be on the form or forms
specified by the director and shall provide the information specified
in section 42-217, Idaho Code, for confirming beneficial use and
such other information as may be required by the director.
(b) A statement of reasonable cause for filing a late proof of beneficial
use.
65

(c) A reinstatement fee of two hundred fifty dollars ($250).
Upon finding that beneficial use had occurred during the authorized period
and upon a showing of reasonable cause for filing a late proof of beneficial
use, the director may reinstate the permit with the priority date advanced to
the day that proof of beneficial use was received.
5. On February 2, 2012, the Department received a proof of beneficial use statement,
a field examination report prepared by a certified water right field examiner, and a
completed change of ownership form from Hendershot Construction Inc., to First
Security Corporation. The permit holder provided an explanation for filing late proof and
submitted evidence supporting that beneficial use authorized by permit 63-32259 had
occurred during the authorized period.
6. On February 13, 2012, the Department received a filing fee of $250 as required by
Section 42-218a(2), Idaho Code.
CONCLUSIONS OF LAW
1. The permit holder provided sufficient information to meet the requirements for
reinstatement as described in 42-218a(2), Idaho Code.
2. The Department should reinstate the permit with the priority date advanced to the
date the $250 filing fee was received. Submittal of the filing fee was the final
requirement that needed to be met in order to reinstate permit 63-32259.
ORDER
IT IS, THEREFORE, HEREBY ORDERED that Permit No. 63-32259 is
REINSTATED with an advance in priority to February 13, 2012.
DATED this day of .tr 1r C\ 2012.
SHELLEY K E , Manager
Water Right ection
66

State of Idaho
DEPARTMENT OF WATER RESOURCES
322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098
Phone: [phone] • Fax: [phone] • Web Site: www.idwr.idaho.gov
C.L."BUTCH"OTTER
February 16, 2012 Governor
GARY SPACKMAN
Interim Director
FIRST SECURITY CORP
MOLLY RIGBY: ASSISTANT VICE PRESIDENT
401 W FRONT ST
BOISE ID 83702
RE: License No. 63-32259
Issuance of License & Order of Reinstatement
Dear Water Right Holder(s):
The Department of Water Resources has issued the enclosed Water Right License
confirming that a water right has been established in accordance with your permit.
Please be sure to thoroughly review the conditions of approval and remarks listed on
your license. Also enclosed is an order that reinstates this permit, since proof was
submitted after the proof deadline. Please note that the priority date for this permit has
been advanced to February 13, 2012, as provided in section 42-218a(2), Idaho Code.
The license is a PRELIMINARY ORDER issued by the Department pursuant to section
67-5243, Idaho Code. It can and will become a final order without further action by the
Department unless a party petitions for reconsideration or files an exception and/or
brief within fourteen (14) days of the service date as described in the enclosed
information sheet.
Please note that water right owners are required to report any change of water right
ownership and/or mailing address to the Department within 120 days of the change.
Failure to report these changes could result in a $100 late filing fee. Contact any office
of the Department or visit the Department's homepage on the Internet to obtain the
proper forms and instructions.
If you have any questions, please contact me at 208-287-4916.
Sincerely,
Craig L. Saxton
Water Rights Supervisor
Enclosure(s)
cc: HYDRO LOGIC INC
67

CERTIFICATE OF SERVICE
I hereby certify that on February 16, 2012, 1 mailed a true and correct copy, postage
prepaid, of the foregoing PRELIMINARY ORDERS (Approved License) & (Order of
Reinstatement) to the person(s) listed below:
RE: WATER RIGHT NO. 63-32259
FIRST SECURITY CORP
MOLLY RIGBY: ASSISTANT VICE PRESIDENT
401 W FRONT ST
BOISE ID 83702
HYDRO LOGIC INC
C/O ED SQUIRES
1002 W FRANKLIN ST
BOISE ID 83702
Darla Block
Technical Records Specialist
68

EXPLANATORY INFORMATION TO ACCOMPANY A
PRELIMINARY ORDER
(To be used in connection with actions when a hearing was not held)
(Required by Rule of Procedure 730.02)
The accompanying order or approved document is a "Preliminary Order" issued by the
department pursuant to section 67-5243,Idaho Code. It can and will become a final order without
further action of the Department of Water Resources ("department")unless a party petitions
for reconsideration, files an exception and brief, or requests a hearing as further described
below:
PETITION FOR RECONSIDERATION
Any party may file a petition for reconsideration of a preliminary order with the department
within fourteen(14) days of the service date of this order. Note: the petition must be received by
the department within this fourteen (14) day period. The department will act on a petition for
reconsideration within twenty-one (21) days of its receipt, or the petition will be considered denied
by operation of law. See Section 67-5243(3) Idaho Code.
EXCEPTIONS AND BRIEFS
Within fourteen (14) days after: (a) the service date of a preliminary order, (b) the service
date of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within
twenty-one(21)days to grant or deny a petition for reconsideration from this preliminary order, any
party may in writing support or take exceptions to any part of a preliminary order and may file briefs
in support of the party's position on any issue in the proceeding with the Director. Otherwise,this
preliminary order will become a final order of the agency.
REQUEST FOR HEARING
Unless a right to a hearing before the Department or the Water Resource Board is otherwise
provided by statute,any person aggrieved by any final decision,determination,order or action of the
Director of the Department and who has not previously been afforded an opportunity for a hearing on
the matter may request a hearing pursuant to section 42-1.701 A(3), Idaho Code. A written petition
contesting the action of the Director and requesting a hearing shall be tiled within fifteen(15) days
after receipt of the denial or conditional approval.
ORAL ARGUMENT
If the Director grants a petition to review the preliminary order, the Director shall allow all
parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and
may schedule oral argument in the matter before issuing a final order. If oral arguments are to be
heard, the Director will within a reasonable time period notify each party of the place,date and hour
for the argument of the case. Unless the Director orders otherwise, all oral arguments will be heard
in Boise, Idaho.
Page 1 69
Revised July I,2010

CERTIFICATE OF SERVICE
All exceptions, briefs, requests for oral argument and any other matters filed with the
Director in connection with the preliminary order shall be served on all other parties to the
proceedings in accordance with IDAPA Rules 37.01.01302 and 37.01.01303 (Rules of Procedure
302 and 303).
FINAL ORDER
The Director will issue a final order within fifty-six(56)days of receipt of the written briefs,
oral argument or response to briefs,whichever is later,unless waived by the parties or for good cause
shown. The Director may remand the matter for further evidentiary hearings if further factual
development of the record is necessary before issuing a final order. The department will serve a
copy of the final order on all parties of record.
Section 67-5246(5), Idaho Code, provides as follows:
Unless a different date is stated in a final order, the order is effective fourteen (14)
days after its service date if a party has not filed a petition for reconsideration. If a
party has filed a petition for reconsideration with the agency head, the final order
becomes effective when:
(a) The petition for reconsideration is disposed of; or
(b) The petition is deemed denied because the agency head did
not dispose of the petition within twenty-one (21) days.
APPEAL OF FINAL ORDER TO DISTRICT COURT
Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes
final, any party aggrieved by the final order or orders previously issued in this case may appeal the
final order and all previously issued orders in this case to district court by filing a petition in the
district count of the county in which:
i. A hearing was held,
ii. The final agency action was taken,
iii. The party seeking review of the order resides, or
iv. The real property or personal property that was the subject of the agency action is
located.
The appeal must be filed within twenty-eight(28)days of this preliminary order becoming final. See
section 67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the
effectiveness or enforcement of the order under appeal.
Page 2 70
Revised July 1,2010

WATERSOUTHSHORE .
•0i
Limited Liability Company
_,�.
it
Request
Certificate
.............................. .. .. ..
Filing Type Limited Liability Company (D)
Status Inactive-Dissolved
(Administrative)
Formed In IDAHO
Term of Duration Perpetual
Principal Address PO BOX 923
EAGLE, ID 83616
Mailing Address PO BOX 923
EAGLE, ID 83616
Initial Filing Date 02/26/2007
Inactive Filing Date O5/09/2012
0 AR Due Date 02/29/2012
Registered Agent Noncommercial
0000000
NO AGENT
AGENT RESIGNED OR
IN\�#LID
BOISE, ID 83702

251
CERTIFICATE OF ORGANIZATION
y LIMITED LIABILITY COMPANY f 4UN 13 ON 2: 45
TAT �Q (Instructions on back of application) SECRET4rti,r, + � STATE
g
STATP- 01= 10JAHQ
1. The name of the limited liability company is-
SouthShore 2 Water Company LLC
2. The complete street and mailing addresses of the initial designated office:
701 S.Allen St STE 104
(Street Address)
Meridian ID 83642
(Mailing Address,if different than street address)
3. The name and complete street address of the registered agent:
Don Hubble 701 S.Allen ST STE 104
(Name) (Street Address)
4. The name and address of at least one member or manager of the limited liability
company:
Nam Address
Don Hubble 701 S.Allen St STE 104
5. Mailing address for future correspondence (annual report notices):
701 S.Allen St STE 108 Meridian ID 83642
6. Future effective date of filing (optional):
Signature of a manager, member or authorized
person. _
Secretary of Slate use only
Signature
Typed Name: Don Hubble
IDAHO SECRETARY OF STATE
Signature 06/13/2012 05:00
CK: 4681 CT; 140096 BH: 1329144
Typed Name: 1 0 109-H w
= 188,88 ORGANLLC 1 2
CeR_ofg_IC Rev.07J201Dill4w
72

254 S AMENDMENT TO
CERTIFICATE OF ORGANIZATION FILED EFFECTIVE
H LIMITED LIABILITY COMPANY
r Title 30, Chapters 21 and 25, Idaho Code Z818JAN -3 AN g:53
Base Filing fee: $30.00.
Complete and submit the application in Quolicate. SECRETARY OF STATE
STATE(--';F
1. The name of the limited liability company is:
SouthShore 2 Water Company LLC
2. The date the certificate of organization was originally filed : 6/13/2012
3. The name of the limited liability company is amended to:
NIA
4. The complete street and mailing addresses of the principal office is amended to:
N/A
P'mil. 0ltr; rEs .;f fIiffo,fF nti
5. The mailing address for future correspondence (annual reports) is amended to:
N/A
6. The name and address of the managerslmembers shall be amended as folloloi\
Add: ❑X Delete: ❑ Ryan Martin P.O. Bo-y ID 836Ko
Add: ❑ Delete: ® E. Don Hubble 701 S. Allen St. #104, Meridian, ID 83646
Add: ❑ Delete: ❑
7. Signature of a manager, member, or authorized person. Secretary of State use only
Printed Name: E. Don Hubble
np
Signature: _lc� i.P, a.5; 0LI
Printed Name:
Ryan Martin 10 ,_ �, — 310 '0 0 10FC-2,1 #�
Signature: � � �� f
Rev.0512018
73

Southshore Homeowner's Association
Annual Meeting
Date: And 2017 Annual Meeting Agenda
March 2nd, 2017
Time:6:00pm_7:30pm
Location: Nampa High School Library
Address:203 Lake Lowell Ave, Nampa, ID 83686
• Resident Sign In Agenda
• Call to Order
0 Introductions
• Establish a Quorum
0 Must 25%of homeowners present to conduct business of the association
0 50%required to vote officers in place
• Financial Report
0 2016 Income Statement
0 Balance Sheet
0 2017 Budget
• New Business
0 CC&R Statistic Report
c Ticket summary report
• HOA board member elections
• Adjourn
d^

12/31/25, 10:43 AM Gmail-Clarification on Water Sampling Notifications—Southshore Subdivision No.2
MG ma i I Cristina Jacuzzi <[e-mail]>
Clarification on Water Sampling Notifications — Southshore Subdivision No. 2
Cassandra Lemmons <Cassandra.Lem [e-mail]> Tue, Dec 9, 2025 at 9:17 AM
To: Cristina Jacuzzi <[e-mail]>
Cc: Virginia Bradley<[e-mail]>, Dalila Martinez<[e-mail]>
Ms.Jacuzzi,
I attempted to compile all the questions from the emails you sent beginning at the top of this chain working through
to the end. If I missed any points or requests, please don't hesitate to let me know and I will provide a response.
If you would like copies of records maintained by DEQ related to this public water system please submit a public
records request: https://www.deq.idaho.gov/public-records-request/
Sincerely,
Cassandra Lemmons
•� ' Drinking Water Compliance and Enforcement Supervisor
Idaho Department of Environmental Quality
P: [phone] 1 C: [phone]
www.deq.idaho.gov
1. Is PWS No. ID3140254 still the current Public Water System number for Southshore Subdivision No. 2?Yes, PWS#
ID3140254 is the correct number for this public water system (PWS).
If not, please provide the correct number. N/A
2. Who is listed in DEQ's records as the current owner and/or operator of this Public Water System? Our records
indicate that Southshore 2 Water Company owns the PWS. The current operator is listed as Thomas J. Mehiel, Valley
Hydro INC.
75
https://mail.google.com/mail/u/0/?ik=e76d2f840e&view=pt&search=all&perm msg id=msg-f:1851048154092422418&si m pl=msg-f:1851048154092422418 1/3

12/31/25, 10:43 AM Gmail-Clarification on Water Sampling Notifications—Southshore Subdivision No.2
3. Does DEQ have any of the following on file:
• A Water System Management Agreement (WSMA) DEQ has no record of this document nor is one required
under IDAPA 58.01.08, Idaho's Rules for Public Drinking Water Systems.
• A transfer of ownership DEQ has no record of this document. According to records maintained by the
Department,from the date this system became regulated the ownership has not changed. Any ownership
changes appear to have taken place before the system had at least 15 service connections or served 25 or
more year-round residents, on or about October 31, 2013.
• A transfer of operational authority DEQ has no record of this document.
• Any ownership-change forms DEQ has no record of this document.
• Any operator-change forms DEQ has no record of this document.
• Any correspondence documenting approval for privatizing this system DEQ has no jurisdiction nor any records
regarding this issue.
• Any filings related to Southshore 2 Water Company LLC DEQ has records related to Southshore 2 Water
Company LLC.
• Any filings naming Ryan Martin DEQ has records containing the name Ryan Martin.
4. Has DEQ ever approved, authorized, or recorded a transfer of this Public Water System into private ownership?
DEQ has no regulatory authority or records regarding this issue.
5. If no such documents exist, can DEQ confirm that no WSMA or ownership-transfer records are on file?Confirmed.
I was advised by DEQ staff that you may be the correct contact for this matter. I am forwarding the emails I previously
sent regarding concerns with the Southshore Subdivision No. 2 domestic water system, including discrepancies
between the recorded CCRs and the ownership transfer of the system.
For clarity, I have attached both CCR versions: DEQ has no authority over Covenants, Conditions and Restrictions
BREAK in email continuity for brevity
I appreciate your time and any guidance you can provide regarding how DEQ handles situations where a water system
may have been transferred or operated without required filings or approvals. DEQ has no authority regarding legal
filings of ownership. IDAPA 58.01.08.008 requires that an owner of a regulated public water system provide notice of
said transfer to DEQ and all customers. In this case, as mentioned above, the ownership transfer appears to have
occurred prior to the system falling under DEQ's regulatory authority.
Could you please confirm:
1. Whether this system is in full compliance with DEQ notification requirements?No.
2. Whether there is an approved Operations Plan on file? DEQ has no record of this document, nor do our
records indicate the system was required to provide one.
3. Whether there is a certified water operator assigned?The system does have a properly licensed responsible
charge operator.
4. Whether there are any past-due compliance or public notice obligations? YES.
1. Whether Southshore 2 Water Company, LLC is listed as the legally registered owner/operator of this
public water system in DEQ's records; Answered above.
2. Whether DEQ has an approved Operations Plan on file for this entity; Answered above.
3. Whether a certified water operator is assigned to this system; Answered above.
4. Whether the required public notifications and Consumer Confidence Reports are being provided
to all homeowners; and Records maintained by DEQ are insufficient to substantiate or contradict delivery
76
https://mail.google.com/mail/u/0/?ik=e76d2f840e&view=pt&search=all&permmsgid=msg-f:1851048154092422418&simpl=msg-f:1851048154092422418 2/3

12/31/25, 10:43 AM Gmail-Clarification on Water Sampling Notifications—Southshore Subdivision No.2
to all homeowners.
5. Whether there are any missing, overdue, or noncompliant items related to ownership, operations, or
reporting. Answered above.
Cassandra
[Quoted text hidden]
[Quoted text hidden]
[Quoted text hidden]
[Quoted text hidden]
[Quoted text hidden]
[Quoted text hidden]
[Quoted text hidden]
Hello,
[Quoted text hidden]
1. Whether Southshore 2 Water Company, LLC is listed as the legally registered owner/operator of
this public water system in DEQ's records;
[Quoted text hidden]
77
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2/23/26,3:01 PM Gmail-Southshore Water/Billing updates
P09 G ma i I Cristina Jacuzzi <[e-mail]>
Southshore Water / Billing updates
Ryan Martin <[e-mail]> Mon, Oct 3, 2022 at 12:27 PM
To: [e-mail]
Hey Cris,
We are updating the rates to reflect the new$95 Monthly rate and due date of 15th of each month and I received a notice
from Quickbooks that by changing the amount billed it will cancel your auto pay you have set up. Quickbooks wants you
to go in and approve the increased amount.
You will get an emailed invoice for your November bill near the end of the month.
I just wanted to give you a heads up,
Thanks,
Ryan Martin
Cell: 208-484-5593
RM 2
CONSULTING
PO BOX 1293
Eagle ID 83616
78
https://mail.google.com/mail/u/0/?ik=e76d2f840e&view=pt&search=all&perm msg id=msg-f:1745692031951058546&si m pl=msg-f:1745692031951058546 1/1

Page 1 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
Priority: February 13, 2012 Maximum Diversion Rate: 0.33 CFS
It is hereby certified that FIRST SECURITY CORP
MOLLY RIGBY ASSISTANT VICE PRESIDENT
401 W FRONT ST
BOISE ID 83702 has complied with the terms and conditions of the permit,
issued pursuant to Application for Permit dated May 13, 2005; and has submitted Proof of Beneficial Use
on . An examination confirms water is diverted from:
SOURCE
GROUND WATER
and a water right has been established as follows:
BENEFICIAL USE PERIOD OF USE DIVERSION RATE
DOMESTIC 01/01 to 12/31 0.33 CFS
LOCATION OF POINT(S) OF DIVERSION:
GROUND WATER L6 (SEY4SWY4) Sec. 2, Twp 02N, Rge 03W, B.M. CANYON County
PLACE OF USE: DOMESTIC
Twp Rge Sec NE NW I SW I SE
1 NE 1 NW 1 SW 1 SE I NE 1 NW 1 SW 1 SE NE 1 NW 1 SW 1 SE �_ NE 1 NW 1 SW 1 SE I Totals
02N 03W 2 1 I I X I X I
I I I L61 I
CONDITIONS OF APPROVAL
1. The domestic use authorized under this right includes water for 15 homes. This component of the
domestic use shall not exceed 13,000 gallons per day within each platted subdivision lot upon which
a home has been constructed.
2. The domestic use also includes water for the well lot, lot 16. The well lot component of the domestic
use is limited to 0.04 cfs and 2,500 gallons per day.
3. The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot, within platted
subdivision lots 1-15, upon which a home has been constructed.
4. Point of diversion is located within Lot 16, Blk. 1, Southshore Subdivision No. 2.
5. Place of use is located within Lots 1-16, Block 1, Southshore Subdivision No. 2.
6. The right holder shall make full beneficial use of all surface water rights available to the right holder
for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the
diversion of ground water under this right to those times when the surface water supply is not
available or the surface water supply is not reasonably sufficient to irrigate the place of use
authorized under this right.
79

Page 2 State of Idaho
Department of Water Resources
Water Right License
WATER RIGHT NO. 63-32259
7. If the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on
any other place of use, this right to divert groundwater for irrigation shall not be used without an
approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a
transfer is not required.
8. Diversion and use of water for the irrigation component of the domestic use, when combined with all
other rights for the same purpose, shall not exceed a combined total of 33.8 acre annually at the
field headgate.
9. Diversion and use of water for the in-house component of this domestic use shall not exceed 9 AF
annually.
10. After specific notification by the Department, the right holder shall install a suitable measuring
device or shall enter into an agreement with the Department to determine the amount of water
diverted from power records and shall annually report the information to the Department.
11. When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to
offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of
water required for mitigation, which is to be released into the Snake River or a tributary for this
purpose, will be determined by the Director based upon the reduction in flow caused by the use of
water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall
be in conformance with applicable rules allowing the right holder due process as the need for
mitigation and the amount of mitigation are determined.
This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right
confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho
law and applicable rules of the Department of Water Resources.
Signed this ±�day of �, �" `r 2012.
I
GARY SPACI�)AN
Interim Director
80

Keith Jacobs
From: 'Ed IiendersOW <ohendershotagwest.net-
To: <Mkh&al,lAayGdaq,ldaho.pov>
Cc: ""th Jacobs"<[e-mail]�
sent Monday.June 02,2000 329 P\t
Subj ta: RE:Sou9iShore Sub
Michael,
I all, responding to Itesu 1 and 2 of your ccraoeeota.
Item 1: Decease of the complications of trying to retain the water company.
Hendershot construction will no longer retain southSbora Water co, but will turn it
over to the homeowners association.
Item 2: Hendershot Construction has paid for all development costs in tall _»
jp_4a4l, (the street paving, pressurized irrigation, landscaping, the well drilling
and development of the well, etc-1 The remaining costa, Ipwrp building, pulp
equipment) will be paid for from a cash account which I already have in place, the
money is in place ready to psy for the expanses I will incur.
Idaho Sddapendent Bank AccL 0 460016736 ba1.5/11/08 $73,414.46
Ea Hendershot
Elamenl t:Systarn Ownership and Managernrnl
1 It appe*s(s Ihnl Smilh5ltave Water Company,LLC intent:$to rohain oMtrersovlp and
LVwaMn of the water system indrinitrsy, rather than turn it over bri the homeowners If
drat a your intention,5,00hSntxe Wator Camparry.L LC will tie tX)rralivvy as a public
utility avid wil need kW obtain a CorfXrwafj set rd F-N LbW(ornonwnra and NocessXy Irnm
th a Idaho Public U:iities Corrrmiesien before the system can or,irm-minictnI. Conlacl
Joe Leckie(334 01491 or Randy Lo ob(33440350)of the PUC for nlnmiaton If the
syshln to to be aperaled as a public utility.simbrn4lal rail a cnpy of the excused
(;alit hcahan of PiAlk CarNx fritvlCe and hAecsssuYy will bo oocowd as nu nling our
requlroments for captial reserm.oporaling budget and rate eiformaWri
2 The(W*ner mu au domun;tnrle:he ability to pay hx love Cost of desigoolq Owmilong.atsd
ctmtructrtq ap aspeclA of Ira sibdivisson,including the water system.A county or reel
estate ssasesanrnnl of WvS ve us of lend avid ctdrerrl tmprovernersts cannot be used to
rse"wrssirate the financial abilly ks build The"cl and aswxjalad water system. Thal
Is because lots may or may not be saleable at a current merkol In any ovanl.Ina value
of Itw well tot Is Irralavant because the system vwiral be built i the 101 is sold
Corrfarrnation of flneint:isf ability vnusl roma from luqud assets such as Cash. tasvk
a000unls, approved bank loam,and llres•of-crodat. The spraadshoets pro-ided in
Atuich r arvt IN appear to show a onivstruachot cost for the Weise system Wont:of
$1/4,357.50. 11 is not dear from Use HoWershot Construction,Inc.bolance showers .i
Attachmant III that liquid funds or Ines of aedit use dedttetod 10 tiro SoulhShnro II
5ubd{ve+on
-----original message-----
F f>ron: [e-mail] (mailto:Nlchael.Msyi!deg.laaho.gov)
Sent., Thursday, May 29, 2008 1:22 PH
To: christy)linterplus.nat
Cc-, ZHandershotegwast.nat
6/3/2008
Page 2 of 2
sub)act:
Here is a courtesy POI copy of our convent letter, with original to
follow by email.
I an el" attaching a copy of the 2006 Design rile Note segarding TFT(
documents. Note that the rule references in tlsls OsrN are outdated.
Nike My
Associate 3ngIneer
Idaho Dept. Of Enviroeamental Quality
1445 Borth orchard street 81
Boise, Idaho 810106
(2USI 373-0592

1 MI NE R MEMPRimm 4 Ogden Ave.
Nampa, Idaho 83651
MORROW & FISCHER 208-475-2200
Fax [phone]
ATTORNEYS AT LAW www.morrowfischer.com
February 25,2026
Commission Secretary
Idaho Public Utilities Commission
P.O.Box 83720
Boise,Idaho 83720-0074
secretaUgpuc.Idaho.gov
Re: Public Comment by Southshore 2 Homeowners Association, Inc. re: Southshore 2 Water
Company LLC Application for Certificate of Public Convenience and Necessity
Dear Commission,
Please be advised that our office represents the Southshore 2 Homeowners Association,Inc. comprising sixteen
(16) lots within the Southshore No. 2 Subdivision ("HOA" or"our client"). Recently the HOA learned of the
application submitted by Ryan Martin on behalf of Southshore 2 Water Company LLC("Applicant") seeking a
Certificate of Public Convenience and Necessity ("Application"). This letter serves as our client's public
comment with respect to the Application.
Currently the HOA and the Applicant are involved in a dispute regarding ownership of the rights and facilities
associated with the delivery of domestic water to the HOA's homeowners.All such facilities are owned by the
HOA and located on the HOA's common space real property. Our client has scoured the record and concluded
that no contract existed or currently exists between the Applicant and HOA regarding use and control of the
domestic water at issue. Mr. Martin, the sole member of Southshore 2 Water Company LLC, has not been
affiliated with the HOA's Board or management for several years.
Due to a lack of any agreement between the HOA and the Applicant, and in the midst of continuing issues over
improper notifications regarding rate increases, disagreements over the reasonableness of such rates, and
fundamental disputes over relevant rights and property ownership, at this time any issuance of a Certificate of
Public Convenience and Necessity to the Applicant with respect to water delivered by the Applicant to the HOA
and its members would be inappropriate and further inhibit any efforts by the parties to seek resolution. Due to
the foregoing issues,the HOA respectfully requests the Commission deny the Application.
Enclosed please find additional information and materials provided by HOA President Cristina Jacuzzi on behalf
of the HOA's Board of Directors.If you have any questions or require further information,please do not hesitate
to contact my office.
Sincerely,
MORROW&FISCHER PLLC
Daniel W. Goodman
Attorneys for Southshore 2
Homeowners Association, Inc.
Daniel W.Goodman I [e-mail]
82

File Number: 17297093
-""' Fidelity National Title Insurance Company
Transaction Identification Data for reference only.
Issuing Agent: Elesia Britt
Issuing Office: TitleOne Corporation
ALTA°Universal ID: 1065022
Commitment Number: 17297093
Property Address: 13450 Southshore Ln,Nampa,ID 83686
SCHEDULE A
1. Commitment Date:August 4,2017 at 07:30 AM
2. Policy or Policies to be issued:
X ALTA Homeowners Policy(1212113) Coverage0ne Policy Amount: $297,000.00
Proposed Insured: Premium: $1,448.00
Cristina Domi
Endorsements: None Requested Charge: $0.00
Coverage0ne or Extended Portion of Premium:$131.61
X ALTA Loan Policy(6/17/06) Extended Coverage Policy Amount: $147,000.00
Proposed Insured: Premium: $287.00
Willamette Valley Bank, ISAOAIATIMA
Endorsements: 9-06122-0618.1-0615-06 $90.00 Charge: $90.00
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Marvin L.Buffi,a married man as his separate estate
5. The Land described as follows:
See Attached Schedule C
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
83 .,,

File Number: 17297093
-""' Fidelity National Title Insurance Company
Fidelity National Title Insurance Company
TitleOne Corporation
By:
Elesia Britt,Authorized Signatory
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
84 .,,

File Number: 17297093
""' Fidelity National Title Insurance Company
SCHEDULE B,PART I
Requirements
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums,fees,and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,or both, must be properly
authorized,executed,delivered,and recorded in the Public Records.
5.The Company will require delivery of and approval by the Company of an Indemnity and Affidavit as to Debts, Liens and
Possession,prior to the issuance of the policy.
6. Necessary conveyance to the proposed insured.
7. Deed of Trust or Mortgage securing the loan.
NOTE: If a Deed of Trust is contemplated as a part of this transaction,the correct name to be entered as the Trustee is
"TITLEONE CORPORATION"
8. NOTE:The Company has conducted a judgment and lien search of the public records,as of the effective date shown on
Schedule A,against the vested owner and/or the proposed insured owner/borrower.The Company has found no such items
other than those shown on Schedule B, if any.
9. Because of the provision of the Idaho Homestead law(Chapter 10,Title 55, I.C.),the Company will require:(a) the personal
execution and acknowledgement of any deed,deed of trust,mortgage or special power of attorney to convey or encumber the
homestead by the vested owner and spouse,if any;or(b)an affidavit,signed by the vested owner and spouse,if applicable,
which states(i)that the land described herein is not their principal residence; (ii)the land is not claimed as homestead property;
and(iii)their principal residence is located elsewhere,and, if applicable,the vested owner is not married.
10. Disclosure of the spouse of Cristina Domi,if any.The Company herein reserves the right to make additional requirements
and/or exceptions upon disclosure of same.
11.The Company requires any improvements and/or repairs or alterations thereto completed within the last 90 days by a
contractor,sub-contractors, labor and materialmen are all paid, if any.
If work has commenced,we will require satisfactory evidence of payment.
12.Completion of the Homeowner's Policy of Title Insurance Affidavit,and the return of said affidavit to the Company.
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
85 .,,

File Number: 17297093
-""' Fidelity National Title Insurance Company
13. Note: In the event this transaction fails to close,or this commitment is cancelled,a cancellation fee will be charged to comply
with the State of Idaho Department of Insurance regulations.
14. NOTE:According to the available records,the purported address of said land is:
13450 Southshore Ln, Nampa, ID 83686
15. NOTE:The only deed(s)affecting said land,which recorded within 24 months of the date of this report,or the last recorded
vesting deed,is(are)as follows:
Document:Warranty Deed
Grantor: Hubble Homes, LLC
Grantee:Marvin L.Buffi,a married man as his separate estate
Recorded: December 5,2013
Instrument No.:2013-054847
Document:Quitclaim Deed
Grantor:Susan L. Buffi,spouse of grantee
Grantee:Marvin L.Buffi,a married man as his separate estate
Recorded: December 5,2013
Instrument No.:2013-054848
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
86 .,,

File Number: 17297093
""' Fidelity National Title Insurance Company
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED
IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT,
CONDITION, RESTRICTION,OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,COLOR, RELIGION,
SEX, SEXUAL ORIENTATION,GENDER IDENTITY, HANDICAP, FAMILIAL STATUS,OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in
Schedule A,and will include the following Exceptions unless cleared to the satisfaction of the Company:
1.Any defect,lien,encumbrance,adverse claim,or other matter that appears for the first time in the Public Records or is
created,attaches,or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part(—
Requirements are met.
2. Rights or claims of parties in possession not shown by the public records.
3.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land,and that is not shown by the Public Records.
4. Easements,or claims of easements, not shown by the public records.
5.Any lien,or right to a lien,for services,labor,or materials heretofore or hereafter furnished,imposed by law and not shown by
the public records.
6. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water
rights,claims to title to water,whether or not the matters excepted under(a), (b),or(c)are shown by the public records.
7.Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments,or notices to such proceedings whether or not shown by the records of such agency,or by the public records.
8.Taxes, including any assessments collected therewith,for the year 2017 which are a lien not yet due and payable.
Taxes for the year 2016 are paid in full.
Parcel Number: R26799512 0
Original Amount:$1,299.42
9. Liens,levies and assessment of any and all irrigation districts, including but not limited to the Wilder Irrigation District and the
rights,powers,and easements of said district as provided by law.
10. Liens,levies,and assessments of the Southshore Subdivision No.2 Homeowners Association,a non-profit corporation.
11. Right-of-way for Deer Flat Highline Canal and the rights of access thereto for maintenance of said canal.
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
87 .,,

File Number: 17297093
""' Fidelity National Title Insurance Company
12.An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded:July 15, 1942
Instrument No.:271548
13.An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: December 29, 1975
Instrument No.:764350
14. Reservations in Quitclaim Deed from the United States of America,recorded August 11, 1987,as Instrument No.8710083,of
official records,to wit:
a. Excepting and reserving to the United States a right of way thereon for ditches and canals constructed by the authority of the
United States.Act of August 30, 1890(26 Stat.391;43 U.S.C.945).
b. Excepting and reserving to the United States all mineral deposits in the lands so conveyed pursuant to the Act of October 21,
1976(90 Stat.2757;43 U.S.C. 1719),and to it,or persons authorized by it,the right to prospect, mine and remove such deposits
from the same under applicable law and such regulations as the Secretary of the Interior may prescribe.
c.The reservation of presently used rights of way for canals,ditches,flumes,pipelines,railroads, highways,roads,telephone,
telegraph,and power transmission lines,created in favor of the public or public utilities,and other valid rights of way of record.
15.An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded:June 25, 1987
Instrument No.:8713886
16.An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded:October 27, 1993
Instrument No.:9325920
17.Terms,conditions,easements and,obligations,if any,contained in Limited Liability Company Operating Agreement of
Southshore Water Co.LLC by and between Ed Hendershot and Carol Hendershot,as husband and wife and SouthShore Water
Co., LLC.
Recorded: March 6,2007
Instrument No:2007015786
18. Easements, reservations, restrictions,and dedications as shown on the official plat of said subdivision.
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
88 .,,

File Number: 17297093
""' Fidelity National Title Insurance Company
19.Covenants,Conditions,and Restrictions,and Easements but omitting any covenants or restrictions, if any,to the extent that
such covenants,conditions or restrictions violate 42 USC 3604(c)or any other ordinance,statute or regulation.
Recorded:June 13,2012
Instrument No:2012024277
Amendments,Supplements,or Modifications of said Covenants,Conditions,and Restrictions.
Recorded:June 25,2012
Instrument No:2012026445
Amendments,Supplements,or Modifications of said Covenants,Conditions,and Restrictions.
Recorded:June 25,2012
Instrument No.:2012026446
Amendments, Supplements,or Modifications of said Covenants,Conditions,and Restrictions.
Recorded:July 3,2012
Instrument No.:2012028218
Amendments, Supplements,Annexations or Modifications of said Covenants,Conditions,and Restrictions.
Recorded:April 4,2013
Instrument No.:2013-014558
20.All matters,and any rights,easements, interests or claims as disclosed by Record of Survey recorded September 25,2013
as Instrument No.2013-044548.
21.A Deed of Trust to secure an indebtedness in the amount shown below and any other obligations secured thereby:
Amount:$201,095.00
Trustor/Grantor: Marvin L. Buffi,a married man as his separate estate
Trustee: First American Title
Beneficiary: Mortgage Electronic Registration Systems, Inc.,acting solely as nominee for Homestreet Bank
Dated: December 2,2013
Recorded: December 5,2013
Instrument No.:2013-054849
22. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks
included in the policy,the Company may limit or delete insurance provided by the affected Covered Risk. In such event,a
Supplemental Report will be issued prior to closing. General exceptions 1 through 6 will not appear in the ALTA Homeowner's
Policy(CoverageOne).
(End of Exceptions)
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. """"`""N
89 .,,

File Number: 17297093
""' Fidelity National Title Insurance Company
SCHEDULE C
Legal Description:
Lot 1 in Block 1 of Southshore Subdivision No.2,according to the plat thereof,filed in Book 42 of Plats at Pages 23, records of
Canyon County, Idaho.
This page is only a part of a 2016 ALTA°Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,
Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may
be in electronic form.
27C165B
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ""OCIAII'N
90 .,,