Modernizing Covenants, Conditions, & Restrictions for 2020

On October 18, 2021, The Stonebrook HOA Board presented the Finalised Stonebrook Home Owners Association Covenants, Conditions, and Restrictions for VOTE.

Click here for the Proposed Modernized Stonebrook HOA Covenants
presented at the Special Meeting on October 18, 2021

Click here for the HOA Ballot presented at the Special Meeting on October 18, 2021

On October 13, 2020, The Stonebrook Board Representatives and Property Manager held a meeting with Peter Christofferson of Holden Kidwell Hahn & Crapo Law Offices to continue forward with modernizing the original Stonebrook Home Owners Association Covenants, Conditions, & Restrictions. Please take time to review the proposed 2020 modernized Covenants, Conditions, and Restrictions for Stonebrook Homeowners Association side by side with our original covenants created on April 28, 1986. Click on the image to see a side-by-side comparison.

Covenants, Conditions & Restrictions

The Stonebrook Community recognizes and follows the City of Idaho Falls Code as found on the Idaho Falls website: www.IdahoFallsIdaho.gov. Please review the City of Idaho Falls City Code of Ordinances as follows: Title 1 – General Administration, Title 2 – Boards and Commissions, Title 3 – Operational Departments,Title 4 – Business Regulations, Title 5 – Criminal Code, Title 6 – Health and Public Safety, Title 7 – Building Regulations, Title 8 – Public Utilities and Property, Title 9 – Motor Vehicle and Bicycle Regulations, Title 10 – Planning and Zoning. *NOTE below are a list of city violations that will not be tolerated in the Stonebrook Community. 

Stonebrook Homeowners Association

Protective Covenants

KNOW ALL MEN BY THESE PRESENTS:

Whereas the undersigned, Robert W. Utterbeck and Jacqueline Utterbeck (the grantors) are the owners of all of a certain parcel of real property situated in Bonneville County, Idaho, and described as follows, to-wit:

STONEBROOK ADDITION, [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16], TO THE CITY OF IDAHO FALLS, IDAHO, ACCORDING TO THE RECORDED PLAT THEROF.

Whereas the undersigned intend to divide said property into small building sites, hereinafter referred to and mentioned as “lots”, and desire, as a part of a general building plan for the benefit and protection of the owners of the lots within said area, to provide for certain restrictions which shall govern and control the use and enjoyment of the lots within said described property,

Whereas, the undersigned intend to dedicate Lots A and B of the described property as a common area for the use and benefit of the owners of the lots,

NOW, THEREFORE, the undersigned, do hereby certify and declare that all or any portion of the above described lots shall, upon conveyance thereof by the undersigned, be owned, held and enjoyed by the respective grantees thereof, their heirs and assigns, subject to the following restrictions:

1. LAND USE AND BUILDING TYPE [Division 1, Division 2, Division 3, Division 4, Division 5]. No lot shall be used except for residential purposes. No building shall be erected upon any of the lots other than one detached single-family dwelling, not to exceed two stories in height, and a private garage. No pre-built or log homes of any nature shall be permitted on any lot, nor shall any condominium or apartment or other multiple dwelling structure be built.
   LAND USE AND BUILDING TYPE [Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No lot shall be used except for residential purposes. No building shall be erected upon any of the lots other than one detached single-family dwelling, with at least a two car garage, not to exceed two stories in height. No pre-built or log homes of any nature shall be permitted on any lot, nor shall any condominium or apartment or other multiple dwelling structure be built.

2. ARCHITECTURAL CONTROL [Division 1, Division 2] No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship, material and color harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street (front or side) than the minimum building setback line as set forth in the zone ordinance of the City of Idaho Falls, Idaho, unless similarly approved by the Architectural Committee. When construction is started on a home, owner has one year to complete construction unless extension is approved by Architectural Control Committee.
   ARCHITECTURAL CONTROL [Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16 No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship, material and color harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street (front or side) than the minimum building 30 foot setback line as set forth in the zone ordinance of the City of Idaho Falls, Idaho, unless similarly approved by the Architectural Committee. When construction is started on a home, owner has one year to complete construction unless extension is approved by Architectural Control Committee.

3. DWELLING SIZE [Division 1, Division 2]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1600 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1600 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 2500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
   DWELLING SIZE [Division 3, Division 4]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1750 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1750 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 2500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.
   DWELLING SIZE [Division 5]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1650 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1750 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1750 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.
   DWELLING SIZE [Division 6, Division 7, Division 9, Division 10]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1600 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1600 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1600 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
   DWELLING SIZE [Division 8]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1500 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1500 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
   DWELLING SIZE [Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1700 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1700 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1700 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.

4. BUILDING LOCATION [Division 1, Division 2]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or a back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
   BUILDING LOCATION [Division 3, Division 4, Division 5, Division 7]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, 30 feet, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or a back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
   BUILDING LOCATION [Division 6, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, 30 feet, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or 25 feet from back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
   BUILDING LOCATION [Division 14, Division 15, Division 16]. No building shall be located nearer than 30 feet to any street side property line (side or front). No building shall be located nearer to any other property line than the city code requires (side or back). For the purposes of the covenant, said distances are to be measured from the foundation.

5. LOT AREA AND WIDTH [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No lot may be subdivided to less than 80 feet in width nor shall any dwelling be erected or placed on a lot having a width of less than 80 feet. Said distances shall be measured 50 feet from the front of the lot. No dwelling shall be erected or placed on any lot having an area of less than 9000 square feet.

6. EASEMENTS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Easements for installation and maintenance of utilities, irrigation and drainage facilities are reserved by the grantors as shown on the recorded plat.

7. ACCESS FROM ARTERIAL STREETS [Division 1, Division 2, Division 3, Division 4, Division 5]. Ingress and egress to the lots of Stonebrook Addition, Division [#1 #2 #3 #4 #5] shall not be permitted from Sunnyside Road, except on platted streets of the Stonebrook Addition.
   ACCESS FROM ARTERIAL STREETS blank [Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16] does not apply.

8. SCREENING FENCES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 7]. In the event the grantor installs fencing along city arterial streets, such as Sunnyside Road, a purchaser of a lot on which such fencing is constructed shall have the duty and responsibility of maintaining such fence and shall not be permitted to make any substantial alterations to fence or change the fencing material.
   SCREENING FENCES blank [Division 6, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16] does not apply.

9. NUISANCES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No satellite dishes or radio towers shall be permitted.

10. TEMPORARY STRUCTURE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No outbuildings may be constructed unless first approved by the Architectural Control Committee. No house trailer, motorhome, boat or camper will be parked in front of house, on a street or driveway, including side streets of corner lots. The area next to the garage may be used for parking of such vehicles if fenced and approved by the Architectural Control Committee.

11. SIGNS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No permanent sign of any kind shall be displayed to the public view on any lot, except one sign of not more than one square foot showing the owner’s name and conventional house number sign, or for sale or builders advertising sign of not more than five square feet.

12. GARAGE AND REFUSE DISPOSAL [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No rubbish, trash, garbage or other wastes shall be dumped on any vacant. All such wastes shall be kept in clean, sanitary containers.

13. LIVESTOCK and POULTRY [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not bred or maintained for any commercial purposes.

14. KINDERGARTENS AND SCHOOLS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No lot or building thereon shall be used as a school, kindergarten or child day care center.

15. TREES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Grantors will plant one or two trees on the front of each lot depending on width of lot. The purchaser of each lot will be required to maintain such trees.

16. SIDEWALKS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The owner of each lot shall be required to construct a sidewalk that complies with all applicable ordinances at the lot owner’s expense not later than the time any residence constructed on the lot is completed and ready for occupancy.

17. ARCHITECTURAL CONTROL COMMITTEE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Architectural Control Committee is composed of Robert W. Utterbeck, [Jacqueline Utterbeck for Division #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13], [David Addiego for Division #2], and [Danny Utterbeck for Division #14 #15 #16]. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. After all the lots have been sold by the grantors the record owners of a majority of the lots shall have the power to change the membership of the committee or to withdraw from or restore to the committee any of its powers and duties.

18. PROCEDURE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or it’s designated representative, fails to approve or disapprove proposed plans within thirty (30) days after written plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.

19. VARIANCES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Architectural Committee shall have the option of permitting variances to the building restrictions where size and shape of lot or topography make strict application of the restrictions impractical or difficult. The prime concern of the Architectural Committee will be that design, exterior, finish, and location harmonize with and compliment the natural environment to the fullest extent practicable. Request for variances shall be made to the Committee in writing, within thirty (30) days of the request.

20. COMPLIANCE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Any question or dispute as to whether a particular lot is being used within these restrictions shall be submitted to the Architectural Committee. The committee shall make this determination within thirty (30) days. Its determination shall be final and binding upon the owners of said lots. The committee’s approval or disapproval required in this Declaration shall be in writing.

21. FINALITY [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Architectural Committee’s decision shall be final and binding upon all parties concerned.

22. NON-LIABILITY OF COMMITTEE MEMBERS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Neither the Committee nor any member thereof shall be liable to the Association, or to any owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee’s duties hereunder, unless due to the willful misconduct or bad faith of the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and Stonebrook Addition Division [#1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color scheme, exterior finishes, materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.

23. THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 1, Division 2]. The Stonebrook Addition, Division [#1 #2] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division [#1 #2] for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its percentage of each assessment determined by dividing one by the total number of lots eligible for membership in the Homeowners Association. The organization and authority of the Stonebrook Addition, Division [#1 #2] Homeowners Association are set forth in the Articles of Incorporation and the By-Laws of such Association.
    THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 3, Division 4]. The Stonebrook Addition, Division [#3 #4] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division 3 for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its percentage of each assessment determined by dividing one by the total number of lots eligible for membership in the Homeowners Association. The organization and authority of the Stonebrook Addition, Division 1 Homeowners 3 Association are set forth in the Articles of Incorporation and the By-Laws of such Association, and shall be made a part of the associations of Division 1 and 2.
    THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Stonebrook Addition, Division [#5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division [#5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its assessment, assessed at time of lot purchase from developer. The organization and authority of the Stonebrook Homeowners Association are set forth in the Articles of Incorporation and the By-Laws of such Association, and shall be made a part of the association.

24. GENERAL PROVISIONS DIVISION [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.

25. ENFORCEMENT DIVISION [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants, by such person or persons claiming such violation, wither to restrain violation or to recover damages; and the Architectural Control Committee has no responsibility for such enforcement as such covenants are running with the land and shall be enforced as set out herein.

26. SEVERABILITY DIVISION [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Invalidation of any one of these covenants by judgment or court order shall be in no wise effective on any of the other provisions which shall remain in full force and effect.

27. AMENDMENT DIVISION [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. These Protective Covenants may be amended only as provided in this paragraph. So long as the grantors own any of the lots these Protective Covenants may be amended by the grantors if Seventy-Five Percent (75%) of the other lot owners concur. At such time as the grantors own no lots in Stonebrook Addition, Division [#1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] these Protective Covenants may be amended by the vote of Seventy-Five Percent (75%) of the owners of the lots.

Signatures

DIVISION 1: Signatures. Robert W. Utterbeck [April 28, 1986] Jacqueline Utterbeck [April 28, 1986] DIVISION 2: Signatures. Robert W. Utterbeck [May 9, 1989] Jacqueline Utterbeck [May 9, 1989] DIVISION 3: Signatures. Robert W. Utterbeck [August 11, 1989] Jacqueline Utterbeck [August 11, 1989] DIVISION 4: Signatures. Robert W. Utterbeck [July 3, 1990] Jacqueline Utterbeck [July 3, 1990] DIVISION 5: Signatures. Robert W. Utterbeck [April 5, 1991] Jacqueline Utterbeck [April 5, 1991] DIVISION 6: Signatures. Robert W. Utterbeck [November 16, 1994] Jacqueline Utterbeck [November 16, 1994] Neal E. & Claudia L. Russell [November 16, 1994] Greg Armstrong Construction [November 16, 1994] Blake Jones Constrcution [November 16, 1994] DIVISION 7: Signatures Robert W. Utterbeck [August 9, 1991] Jacqueline Utterbeck [August 9, 1991] DIVISION 8: Signatures Robert W. Utterbeck [September 26, 1991] Jacqueline Utterbeck [September 26, 1991] DIVISION 9: Signatures Robert W. Utterbeck [November 16, 1994] Jacqueline Utterbeck [November 16, 1994] DIVISION 10: Signatures Robert W. Utterbeck [November 22, 1994] Jacqueline Utterbeck [November 22, 1994] Sheldon & Patrica Dance [November 22, 1994] Robert Johannsen dba: Frame Construction [November 22, 1994] Matt Morgan dba: Morgan Construction [November 22, 1994] Dellin & Jean Erickson Family Trust [November 22, 1994] Dwayne & Connie Bryngelson [November 22, 1994]
DIVISION 11: Signatures. Robert W. Utterbeck [March 6, 1996] Jacqueline Utterbeck [March 6, 1996] DIVISION 12: Signatures. Robert W. Utterbeck [September 4, 1997] Jacqueline Utterbeck [September 4, 1997] DIVISION 13: Signatures. Robert W. Utterbeck [September 14, 1999] Jacqueline Utterbeck [September 14, 1999] DIVISION 14: Signatures. Robert W. Utterbeck [October 27, 1999] Jacqueline Utterbeck [October 27, 1999] DIVISION 15: Signatures. Robert W. Utterbeck [February 22, 2000] Jacqueline Utterbeck [February 22, 2000] DIVISION 16: Signatures. Robert W. Utterbeck [June 29, 2000] Jacqueline Utterbeck [June 29, 2000]

Notary Public for Idaho

DIVISION 1: State of Idaho. County of Bonneville. On the 28th Day of April, in the year of 1986, before me, the undersigned, a Notary Public, in and for the Sate of Idaho, personally appeared ROBERT W. UTTERBECK, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he 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. Signature. Notary Public for Idaho. DIVISION 2: On the 12th Day of August, in the year of 1987, before me, the undersigned, a Notary Public, in and for the Sate of Idaho…DIVISION 3: On the 10th Day of August, in the year of 1989, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 4: On the 3rd Day of July, in the year of 1990, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 5: On the 5th Day of April, in the year of 1991, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 6: On the 16thDay of November, in the year of 1994, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 7: On the 9th Day of August, in the year of 1991, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 8: On the 26th Day of September, in the year of 1991, before me, the undersigned, a Notary Public, in and for the Sate of Idaho…DIVISION 9: On the 16th Day of November, in the year of 1994, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 10: On the 22nd Day of November, in the year of 1994, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… On the 17th Day of November, in the year of 1994, before me, the undersigned, a Notary Public, in and for the Sate of Oregon… DIVISION 11: On the 6th Day of March, in the year of 1996, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 12: On the 4th Day of September, in the year of 1997, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 13: On the 14th Day of September, in the year of 1999, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 14: On the 27th Day of October, in the year of 1999, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 15: On the 22nd Day of February, in the year of 2000, before me, the undersigned, a Notary Public, in and for the Sate of Idaho… DIVISION 16: On the 29th Day of June, in the year of 2000, before me, the undersigned, a Notary Public, in and for the Sate of Idaho…

*NOTE City of Idaho Falls Code:

City of Idaho Falls STORAGE OF VEHICLES, MOTORHOMES AND TRAILERS ON PUBLIC STREETS: TITLE 9, CHAPTER 4 (A) It shall be unlawful for anyone to use City streets or alleys for storage of motorhomes or trailers. Trailers and motorhomes can only be parked upon a street or alley within the City for the purposes of loading and unloading for a period not to exceed two 24-hour periods in a 7-day time period. Any person who parks or allows a trailer or motorhome to be parked upon any street or alley within the City for a period in excess of this time in the same location shall be guilty of an infraction. (B) Any person who parks or allows a vehicle to be parked upon any street or alley within the City for a period of 48 or more consecutive hours in the same location shall be guilty of an infraction. (C) Any vehicle, motorhome or trailer unlawfully parked or stored may be removed by or under the direction of any peace officer and may be impounded in accordance with the provisions of this Chapter. (D) For the purposes of this section, a vehicle shall be considered to be parked “in the same location” notwithstanding movement of the vehicle to another location on a public street or alley within 500 feet in any direction of the original location of the vehicle. “Motorhome” is hereby defined as set forth in Idaho Code § 49-114(12). “Trailer” is hereby defined as set forth in Idaho Code § 49-121(6). (Ord. 2890, 01-22-12)

City of Idaho Falls SANITATION SERVICE ORDINANCE REQUIREMENTS: TITLE 8 CHAPTER 6. All waste must be placed in approved containers. However, grass, leaves, weeds etc. may be placed in strong plastic bags that are tied provided they do not exceed 50 pounds in weight and 10 cubic feet in volume. Brush may be tied in bundles not to exceed four feet in length and 50 pounds in weight. DO NOT PUT BRUSH IN GARBAGE CONTAINERS. Call the Sanitation Division at 612-8491 to schedule a pickup.

City of Idaho Falls AUTOMATED GARBAGE DISPOSAL SYSTEM (update October 2016) The city of Idaho Falls has selected Stonebrook for automated garbage collection system.  Every lot has been provided a 95 gallon waste container. City Requirements are as follows: (a) Only place household trash and yard waste in the container. (b) Place waste container out by 7 a.m. on your service day. (c) Have 3 feet of clearance on both sides of the container when placed curb side. (d) No waste outside of the container will be collected. (e) Have the lid facing the street and wheels facing the residence when placing curbside. (f) Clean maintenance of the container is the residence’s responsibly. If you need large item/brush pick up, or have additional questions, please call City of Idaho Falls Sanitation Division (208) 612-8491. Residential garbage will not be collected on New Years Day (January 1), Memorial Day (Last Monday in May), Independence Day (July 4), Thanksgiving (4th Thursday in November), and Christmas Day (December 25).  Collection will be one day late from the rest of the week. http://www.idahofallsidaho.gov/city/city-departments/public-works/sanitation.html

City of Idaho Falls WESTERN RECYCLING: CURBSIDE RECYCLING PROGRAM. Program Details: (a) On your service day, container must be out by 7:30am (b) The cart is to be placed so the front faces the street (c) Service is every 2 weeks (d) If your service day is on or after a holiday during your service week, your pickup will be one day later (Monday will be collected Tuesday) (e) Holidays that will affect service (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas) (f) See container lid or website for accepted recycle items (g) Cost per month is $6.00 Residential (billed quarterly). Email: curbside@westernrecycling.net Visit for more details: www.Westernrecycling.net

City of Idaho Falls LITTER AND WEED CONTROL ORDINANCE REQUIREMENTS: TITLE 5 CHAPTER 26. No person shall deposit litter in or upon any private property, canal right-of-way, public street, alley, sidewalk or other public place within the City. It shall be the responsibility of the property owner to keep their property clear of litter.

City of Idaho Falls MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS (TITLE 8 CHAPTER 10) It shall be the responsibility of the property owner to keep the sidewalk and the alley adjacent to their property clear of litter. Visit for more details:

City of Idaho Falls COMMUNITY FORESTRY (TITLE 8, CHAPTER 9) PURPOSE: The purpose of this Chapter is to promote and protect the public health, safety and general welfare by providing for the regulation of the planting and maintenance, and removal of trees, shrubs and other plants within the City of Idaho Falls. 

UTILITIES: (A) It shall be unlawful for any person to plant any public or private tree under or within twenty (20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, electric transmission or distribution line except those species approved or other species may be planted only with written permission from the Parks and Recreation Department.

RESPONSIBILITIES FOR PRIVATE TREES (TITLE 8, CHAPTER 9, SECTION 11): (A) It shall be unlawful for any person owning a private tree or in control of a private tree to refuse or fail to take the following actions within a reasonable time after being directed to do so by the City Forester: (1) Remove, prune, or reprune any tree located on such person's private property in a manner that removes, abates or otherwise lessens the likelihood of or resolves any pest infestation, dangerous condition or circumstance located within such tree, the existence of which constitutes a public nuisance, as defined in Section 8-9-18 of this Code. (2) Remove, prune, or reprune any private tree located on such person's real property in a manner that provides for vertical clearance of the branches of such tree to a height of not less than: a. Eight feet (8’) above any public sidewalk; and b. Thirteen feet (13’) from the back of the curb to Thirteen feet (13’) toward the center line above any public street, alley, or right-ofway and thereafter angled up toward the center line to a height of not less than fifteen (15’) feet at the center of the public street, alley, or right-of-way. (3) Remove, control or abate any pest investing or otherwise located in or upon any private tree located upon the owner's private real property. (4) Remove and properly dispose of all branches, twigs, leaves or other debris deposited upon public property by or at the direction of any person pruning, trimming or removing such private tree. (Ord. 2738, 2-14-08; Ord. 2877, 8-11-11; Ord. 2968, 9-10-14; Ord. 3194, 6-28-18) Visit for more details: http://www.idahofallsidaho.gov/city/city-departments/city-attorney/city-code.html

STONEBROOK HOA SIDEWALK EASEMENT PERMITTED TREES:

• Patmore Ash

• Autumn Blaze Maple

As a reminder Homeowners can plant any other tree in their front yard, but for the Stonebrook HOA Sidewalk easement park strips you must use the permitted trees only for HOA uniformity.