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HomeMy WebLinkAboutBrookfield Estates CC&Rs BROOKFIELD ESTATES, UNIT NO. 1 Declaration of Covenants Conditions and Restrictions City Of Central Point, Jackson County, Oregon PacTrend Inc. ("Declarant"), being the owner in interest of all of the real property located in the City of Central Point, County of Jackson, State of Oregon known as BROOKFIELD ESTATES, UNIT NO. 1, as the same is particularly described in the recorded Plats for this Subdivision on file with the County Clerk of Jackson County, Oregon, does hereby make the following Declaration of Covenants, Conditions and Restrictions ("CC&R's") covering the above described real property specifying that this declaration shall constitute covenants to run with all the land and shall be binding on all persons claiming under them, and that these conditions and restrictions shall be for the benefit of and the limitations upon all future owners of said real property and shall benefit the owners of the real property. All lots and parcels of real property in the Subdivision, hereafter conveyed, leased, rented, or occupied shall be subject to the following CC&R's: 1. The purpose of these CC&R's is to insure the use of each lot and parcel of real property located in the Subdivision, for attractive residential purposes, to prevent nuisances, and to prevent the impairment of the attractiveness and the value of the real property in the Subdivision. 2. All lots in the Subdivision shall be known and described as residential lots and shall not be used for the purpose of conducting a business, trade, or profession except as permitted for a home occupation by the City of Central Point, with the exception of model homes used as temporary sales offices. All homes are to be site built and mobile homes and/or modular homes will not be allowed. 3. No structures shall be erected,placed, altered or permitted to remain on any of the said residential lots other than one detached single-family dwelling and private garage for not more than three cars. Other outbuildings may be allowed with Architectural Control Committee approval. 4. a. The plans, specifications, including but not limited to the roof, siding, windows, exterior colors of each structure and roof, and plot plan for the residential dwelling, garage and any outbuilding to be constructed upon each lot in said Subdivision shall be approved before construction may commence. Approval thereof shall be obtained by application of the owner to the Architectural Control Committee primarily as to conformity and harmony of external design and location with existing structures. Page 1 —Brookfield Estates, Unit No. 1 b. The initial Architectural Control Committee shall consist of Louis F. Mahar and Daniel R. Mahar, or their assigns. Upon the sale of the last lot in the Subdivision by the Declarant, Declarant shall have no responsibility for the enforcement of these CC&R's. Members of the Architectural Control Committee shall be approved by and serve at the pleasure of the owners of the majority of the lots in the Subdivision. Notice of such appointment shall be recorded in the Official Records of Jackson County, Oregon. The Architectural Control Committee shall review plans to ensure that overall planning and design of the Subdivision are not impaired. c. Except as otherwise provided herein, any two members of the Architectural Control Committee shall have power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. d. The Architectural Control Committee shall, within 30 days after receiving a complete set of plans and specifications for approval, either approve or disapprove such plans and specifications. Failure of the Architectural Control Committee to act within said period of 30 days shall be deemed approval thereof. If plans are disapproved, the Architectural Control Committee shall set forth in writing the reasons for disapproval. e. Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. f. Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant or builder for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Architectural Control Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him/her, acted in good faith. 5. No noxious or offensive trade or activity shall be conducted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No commercial trucks, (larger than 1 1/2 ton GVW),junked or wrecked cars or racing cars will be permitted to be parked or stored within the Subdivision; provided, however, that the restoration of antique and classic automobiles may be conducted within an enclosed garage. 6. No barns, chicken coops, rabbit hutches, kennels, aviaries or pig sties shall be erected or maintained on any lot in said Subdivision. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot in said Subdivision, except that dogs, cats, or other household pets may be kept,provided that they are not kept, bred or maintained for any commercial purpose. The owner of any pet shall not allow such pet to trespass upon any other lot in the Subdivision and shall clean up after such pet any droppings deposited by such pet in the Subdivision. Page 2—Brookfield Estates, Unit No. 1 7. No trailer, tent or shack may be placed or erected on any lot. No trailer, basement, tent, shack or garage may at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence thereon. Parking of boats, trailers, motorcycles, trucks, campers, recreational vehicles, and like equipment shall not be allowed on any part of any lot nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a six foot screening fence or screening shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 8. No dwelling shall be laid out or constructed-on any lot in said Subdivision where total square footage of the main structure, exclusive of porches and garages is less than 1200 square feet. The Architectural Review Committee may make an exception to the minimum square footage on certain lots if in their opinion overall planning is not impaired. Contractors are responsible to keep lots on construction sites clean of all debris during construction. 9. No poles shall be permitted within the Subdivision and no outside radio, TV antennas, or satellite dishes (other than dishes less than 3' in diameter that are properly screened) shall be allowed without the approval of the Architectural Control Committee. No flagpoles or front yard basketball poles and or backboards will be allowed without the approval of the Architectural Control Committee. 10. All roofs shall be of 25 year or more architectural design comp material, of which will be uniform in color approved by the Architectural Control Committee for the entire Subdivision. All roofs shall have dura ridge caps. The Architectural Control Committee must approve all roof pitch angles. Allowable roof pitches for single story homes are a minimum of 5" X 12" pitch. For two story homes the roof pitch is to be determined by the Architectural Control Committee on an individual basis. 11. All buildings shall be finished in exterior colors in basic harmony with the surrounding natural environment and approved by the Architectural Control Committee. It is intended that structures and roofs be finished in such a color as to blend with the generally subdued tones and hues of surrounding natural features. The Architectural Control Committee must approve all window specifications and placements. 12. Unless otherwise approved by the Architectural Control Committee, all fences are to be constructed of the same materials, style, design and color, as approved by the Architectural Committee. All fences are to be well kept. The intent is to have all fences be uniform in materials and must be sealed with a stain of uniform color. The maximum height of a fence forward of the front building line shall not exceed three (3) feet in height. The maximum height of a sight-obscuring fence located on the remainder of the lot shall not exceed six (6) feet in height. Fences shall be well constructed of cedar wood to match existing fencing as closely as possible, and shall not detract from the appearance of the dwelling located upon the lot or be offensive to owners or detract from the appearance of the dwellings located on the adjacent lots. Page 3 —Brookfield Estates, Unit No. 1 Tops of all fences must be constructed relatively level and lateral fence elevation changes must occur at the fence post or in a manner approved by the Control Committee. The owner of each lot shall maintain all fences in good condition and repair. 13. All garbage receptacles and cans shall be kept clean and sanitary and shall be screened from ordinary view from the adjoining lots and streets. Recessed or sunken garbage cans need not be fenced or screened. 14. All firewood and other materials stored on any lot shall be screened from the ordinary view from adjacent lots and streets. 15. No sign of any kind shall be displayed to the public view on any lot except one sign advertising sale, lease or rent. This is not to exclude a builder or developer from advertising during the construction and sales period. 16. No swimming pool shall be constructed in any front yard area of a lot in said Subdivision unless it is screened from ordinary view of the adjoining lots and the street. No inflated plastic enclosures or permanent pool enclosures of any kind may be constructed or installed without first having obtained the written approval of the Architectural Control Committee. 17. Any lot sold by the developers and not built upon immediately is to be maintained in such a manner that its appearance is not unsightly and weeds are to be cut at regular intervals, so that any such weeds do not exceed 12 inches in height at any time. The developer reserves the right to enter on to and cut any weeds and maintain any lot, which in the developer's opinion is unmaintained by the lot owner. The developer is to be reimbursed for his reasonable costs of maintaining said lot. These costs are to be immediately paid upon submitting a bill to said lot owner. 18. Each lot shall have street trees planted and maintained at the rate of two shade trees per lot frontage. Corner lots will require four trees, two per street frontage. Each owner of each lot will be required to meet the tree planting requirements within 180 days after completion of building. Purchasers and/or lot owners are required within 12 months from purchase from the developer, to construct sidewalks along the front lot line in conformity to standards set forth by the Central Point city engineer. If purchaser or lot owner does not comply with constructing these sidewalks per the request of the city engineer, then the developer reserves the right to build and complete said sidewalks and be immediately compensated for his costs to do so by said lot owner. 19. All homes or buildings started on any lot in said Subdivision shall be finished within six (6) months. No dwelling shall be occupied for any purpose until such a time as the exterior is completed and painted. Page 4 —Brookfield Estates, Unit No. 1 20. Purchaser is required within six (6) months after the completion of dwelling to complete the landscaping of the front yard of said dwelling. Landscapes are to be well kept. Front yards are to be reasonably compatible with existing landscaping and no permanent storage is allowed in any front yard. Grass sod shall be incorporated into the design of all front yard landscapes. 21. No building, fence, wall, swimming pool or other permanent structure shall be erected, altered or placed on any lot until the building plans, specifications and plot plans showing the location of structures on the lot have been submitted to and approved in writing by the Architectural Control Committee. The Architectural Control Committee shall consider the quality of workmanship, materials, harmony of external design with existing structures, location with respect to topography at finish grade elevations. Upon failure of the Committee or its designated representatives to approve or disapprove in writing the specifications for any new structure or alteration of any existing structure within thirty (30) days after the same have been properly presented, approval thereof will be deemed to have been made, provided the proposed construction complies with all the provisions otherwise in these declarations. 22. Easements are hereby reserved to the Developers, its successors in interest and assigns, public utility companies and municipal and other authorities, as shown on the official plat of the Subdivision for the installation, maintenance and use of public utility facilities thereon and thereunder. Such person, companies and authorities shall have the right to construct, erect, install and maintain underground public utility facilities of all kinds, including communication lines, electric lines, sewer, water and gas pipes. All such utility facilities shall be installed and maintained below the surface of the ground except as to such portions of such utility facilities where it is impracticable to install below ground, including, but not limited to electric transformers. All of such persons, public utility companies and authorities in who such easements are reserved, shall have the unrestricted right to ingress and egress thereon, for the purpose of all such construction, use and maintenance. No building, structure, fence, wall, tree, hedge, bush, shrub, or other obstruction shall be placed or maintained within such easements and shall be liable to the utility company or public authority which removes it, for the cost of removal thereof. 23. Each Architectural Control Committee member may appoint an alternate acceptable to the majority of the committee to act in its absence with full voting rights of the original member. 24. These CC&R's shall run with the land and shall be binding on all parties until March 1, 2011, at which time the covenants shall automatically extend for successive periods of ten(10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change these covenants in whole or in part. 25. The foregoing CC&R's shall bind and inure to the benefit of, and be enforceable by suit in equity or an action at law for damages by the owner or owners of the above described lands, their and each of their legal representatives, heirs, successors or assigns and failure either by the Page 5 —Brookfield Estates, Unit No. 1 owners above named or their legal representatives, heirs, successors or assigns to enforce any of such conditions or restrictions shall in no event be deemed a waiver of the right to do so thereafter. 26. In case suit or action is instituted to enforce any of the foregoing CC&R's, the prevailing party in such suit or action shall be entitled to such sum as the court may adjudge reasonable as attorney's fees in such suit or action or in any appeal therefrom. 27. Invalidation of any of these covenants shall in nowise affect any of the other provisions, which shall remain in full force and effect. 28. The Declarant, as developer of Brookfield Estates, Unit No. 1, shall not be liable for any claims or damages whatsoever resulting from, but not limited to, the condition of soils, soil compaction and or drainage. It shall be the responsibility of the owners, the owners' engineer, and the owners' contractor to assure that the construction of the dwelling on each lot is compatible with the soils on such lot, and that all foundations are appropriate for the nature of such soils. 29. Lots 14, 15, 16, 17, 18, 20 & 26 will be responsible for an easement and maintenance agreement for maintaining and clearing brush and debris from Jackson Creek, yearly as per exhibits "B" and"C". 30. Lots 1 — 14 have a fifteen (15) foot easement on the back lot line. These lots are to have an opening gate on the side lot lines for access to the easement. There should also be no planting of large rooted plants in this fifteen (15) foot easement. Dated this .23 day of I\Pei , 2001. trAA Ade Louis F. Mahar Daniel R.-Mahar STATE OF OREGON ) )ss. COUNTY OF JACKSON ) Louis F. Mahar and Daniel R. Mahar acknowledged the foregoing instrument before me this 03 day of APrz—J , 2001. OFFICIAL SEAL ••- LUCIA H. STRASBURG • �,¢M .�.a� NOTARY PUBLIC-OREGON „ COMMISSION NO.340507 Notary Public for Oregon (1- MY COMMISSION EXPIRES DEC.7,2004 Page 6—Brookfield Estates, Unit No. 1 r1 0 • 5 av v e �agfc 1ey� au�oNb JpH...... _ Osf' 4$ `•4_ Y EE 7 p g p _ 7 _ o ,.... oo .. 3 _ 'w Y •Al 4. 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Inc., the Owner of Lots 14— 18, 20 & 26. located in Brookfield Estates, Unit No. 1, within the City of Central Point, Jackson County, Oregon, hereinafter referred to as "City". RECITALS WHEREAS, the City has issued approval of a subdivision located within the city limits known as Brookfield Estates. The said Subdivision has in place a Declaration of Covenants, Conditions and restrictions, hereinafter"CC&Rs", and WHEREAS, in connection with said approved CC&Rs, obligations contained therein and the approval of said Subdivision, it is the desire of the parties hereto to enter into this agreement setting forth the responsibility for the maintenance of the Jackson Creek Access and Maintenance Easement as set forth on Exhibit "B" of the CC&Rs. WITNESSETH NOW THEREFORE, it is hereby agreed as follows: 1. Maintenance: The Owner shall, at their expense, fully maintain said easement, including, but not limited to, compliance with the CC&R provisions for plantings and access through any gates, which may be constructed. In the event the Owner fails to perform any necessary maintenance within 15 days of receiving written notice of the necessity for the same from the City, the City may cause such work to be completed with the cost of such work to be paid by Owner. 2. Indemnity: The City shall indemnify and hold Owner harmless from any and all claims or liabilities arising out of the usage of the easement. Page 1 3. Obligation Running with the Property: It is the intent of the parties that the obligation contained herein shall run with the land and continue to bind all subsequent transferees, heirs and assigns in perpetuity. CITY OF CENTRAL POINT, OREGON By C Arr\- It-. Cr 1 N- PacTrend, Inc. Louis F. Mahar, Owner STATE OF OREGON ) DEANNA GOFFICIAL REGSEAL ORY k ) SS. -\, NOTARY PUBLIC - OREGON COUNTY OF JACKSON ) � � COMMISSION NO. 334520 h r, • ti MY COMMISSION EXPIRES MAY 15.1004 The foregoing instrument was acknowledged befor9 me this 3 `d day of /tea j , 2001, by rule,, pr- Q,-// it]hileykas authorized signor for City of Cental Point. ZaAe-e.k—2dcrot Notary Public for Orefon STATE OF OREGON ) ) ss. COUNTY OF JACKSON ) The foregoing instrument was acknowledged before me this )5- day of J Y)o,.12c_N , 2001, by L o v m a N U,K) as Owner, PacTrend, Inc. ) i�►•. OFFICIAL SEAL ( ;`- LUCIA H. STRASBURG c ,C. J- - NOTARY PUBLIC-OREGON ( '; `+� COMMISSION NO.340507 Notary Public for Oregon 0 1 MY COMMISSION EXPIRES DEC.7,2004 Page 2—Brookfield Estates Easement and Maintenance Agreement