After Recording, Return to:
Barber Valley Development, Inc.
c/o LeNir, Ltd.
4940 E. Mill Station Drive, Suite 101-B
Boise, Idaho 83716
TWELFTH AMENDMENT TO
SUPPLEMENT TO AMENDED AND RESTATED MASTER DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR DALLAS HARRIS ESTATES
(SUBDIVISION NO. 1)
ADDING
DALLAS HARRIS ESTATES SUBDIVISION NO. 12
THIS TWELFTH AMENDMENT TO SUPPLEMENT TO AMENDED AND
RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS FOR DALLAS HARRIS ESTATES (SUBDIVISION NO. 1) (“Twelfth
Amendment”) is made this ___ day of ___________, 2015, by Barber Valley Development, Inc.,
an Idaho corporation (“Developer”).
RECITALS:
A.
The Developer, along with the Declarants, as defined therein, executed that
Supplement to Amended and Restated Master Declaration of Covenants, Conditions, Restrictions
and Easements for Dallas Harris Estates (Subdivision No. 1) dated October 7, 2010, and
recorded October 8, 2010, as Instrument No. 110094905, records of Ada County, Idaho,
amended by that First Amendment to the Supplement to Amended and Restated Master
Declaration of Covenants, Conditions, Restrictions for Dallas Harris Estates (Subdivision No. 1)
dated October 27, 2010, and recorded November 16, 2010, as Instrument No. 110108076,
records of Ada County, allowing the Developer to execute future amendments to add additional
property as Future Phases to be benefitted and burdened thereby as subsequently amended Future
Phases (collectively the “Supplemental Declaration”).
B.
Section 12.2.1 of the Supplemental Declaration provides that it may be amended,
modified, clarified, supplemented, restated, added to or terminated by the Developer prior to the
Class B Member Termination Date, which has not occurred as of the date of this Twelfth
Amendment.
C.
The Developer now desires to amend the Supplemental Declaration to add Dallas
Harris Estates Subdivision No. 12 as property benefitted and burdened by the Supplemental
Declaration.
AGREEMENT
NOW THEREFORE, for valuable consideration, the Supplemental Declaration is hereby
amended as follows:
1.
All capitalized terms not defined herein shall have the meanings as defined in the
Supplemental Declaration.
2.
Pursuant to Section 1.2.2 of the Supplemental Declaration, that certain real
property more particularly described on Exhibit “A” attached hereto and incorporated herein
(“Additional Phase”) is hereby added to the Supplemental Declaration as a portion of the
Subject Phase and is hereby subjected to, and benefitted and burdened by, all terms, covenants,
conditions, restrictions and easements set forth in the Supplemental Declaration. The Additional
Phase is owned by Developer and is comprised of a portion (i.e., a Phase) of the Property
described in the Master Declaration (as defined in the Supplemental Declaration). The
ELEVINTH AMENDMENT TO SUPPLEMENT TO AMENDED AND RESTATED MASTER
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DALLAS HARRIS ESTATES (SUBDIVISION NO. 1) ADDING DALLAS HARRIS ESTATES
SUBDIVISION NO. 12- Page 1
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SUPPLEMENT.doc
Additional Phase shall be governed and managed by a Harris Ranch Subdivision No. 1 Owners
Association and shall be represented at all meetings of the Master Association by a Delegate to
be selected as set forth in the Supplemental Declaration.
3.
Except as amended hereby, the Supplemental Declaration shall remain unchanged
and in full force and effect.
4.
This Twelfth Amendment shall be binding upon and inure to the benefit of the
Developer, all Declarants, as defined in the Supplemental Declaration, their successors and
assigns.
5.
Maintenance of Sidewalks. The Local Association shall maintain, repair and
replace, when necessary, any and all sidewalks in the Additional Phase which are not located
within the right of way Ada County Highway District and which are subject to an easement in
favor of the City of Boise pursuant to Section 7.8 added by the Fifth Amendment to the
Supplemental Declaration.
EXECUTED this ____ day of ________________, 2014.
Developer:
Barber Valley Development, Inc.,
an Idaho corporation
By: _____________________________
Doug Fowler
Its:
President
ELEVINTH AMENDMENT TO SUPPLEMENT TO AMENDED AND RESTATED MASTER
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DALLAS HARRIS ESTATES (SUBDIVISION NO. 1) ADDING DALLAS HARRIS ESTATES
SUBDIVISION NO. 12- Page 2
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SUPPLEMENT.doc
State of Idaho
County of Ada
)
) ss.
)
On this _____ day of _________________, in the year of 2015, before me, Sarah Martz,
a Notary Public in and for said State, personally appeared Doug Fowler, known or identified to
me (or proved to me on the oath of ______________) to be the president of Barber Valley
Development, Inc., the corporation that executed the within instrument or the person who
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
S
E
A
L
___________________________________
Notary Public for Idaho
Residing at
My commission expires on
______
ELEVINTH AMENDMENT TO SUPPLEMENT TO AMENDED AND RESTATED MASTER
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
DALLAS HARRIS ESTATES (SUBDIVISION NO. 1) ADDING DALLAS HARRIS ESTATES
SUBDIVISION NO. 12- Page 3
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SUPPLEMENT.doc
EXHIBIT A
Legal Description of Subject Phase
All of Dallas Harris Estates Subdivision No. 12, according to the official plat thereof filed in
Book ___ of Plats at Pages _____ thru _____, as Instrument No. __________, official records of
Ada County, Idaho