HomeMy WebLinkAboutJackson Woods Addition - CC&Rs
`, Declaration of Conditions, Covenants and Restrictions
For
Jackson Woods Addition
Central Point, Jackson County, Oregon
ARTICLE I
The undersigned, being the owners and parties in interest of all the real property known
as Jackson Woods Addition, City of Central Point, Jackson County, Oregon, do hereby
make the following declaration of conditions and restrictions covering all of the said real
property within Jackson Woods Addition, as the same appears on the map and plat
thereof recorded in Volume at Page of the Records of Town Plats of
Jackson County, Oregon, specifying that this declaration shall constitute covenants to run
with the land and shall be binding upon all persons claiming under them and that these
conditions and restrictions shall be for the benefit of and the limitations upon the
undersigned, their heirs, successors, and assigns, and all future owners of said real
property or any portion thereof, and the same are hereby made a part of all conveyances
of real property within the said subdivision as follows: (Attached EXHIBIT A made a
part hereof)
'~' ARTICLE II
Residential Covenants
(1) Land Use and Building Type
No lot shall be used except for residential purposes. No building shall be erected,
altered, placed, or permitted to remain on any lot other than one (1) detached
single-family dwelling and a private garage for not less than two (2) cars. Two-
story homes may be constructed on lots upon approval of the Architectural
Control Committee. All homes are to be single family residence only.
All garages shall be constructed at the same time as the dwelling. No garage shall
be constructed on any Lot prior to the construction of a dwelling.
All lots shall be used as single family residential lots and shall not be sued for the
purpose of conducting a business, trade or professional except as provided for a
home occupation by the City of Central Point or other governmental entity having
jurisdiction over the real property.
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(2) Accessory Buildings
The foregoing provisions shall not exclude construction of a private greenhouse, a
storage unit, private swimming pool, or for the storage of a boat and/or camping
trailer kept for personal use, provided the locations of such structures are in
conformity with the applicable municipal regulations and are compatible in design
and decoration with the residence constructed on such lot and has been approved
by the Architectural Control Committee (ACC).
No accessory building shall be constructed or placed on any Lot prior to the
construction of a dwelling. In no event shall any temporary structure, trailer, or
tent ever be used for human occupancy or habitation, even temporarily.
Accessory buildings are limited to one (1) per Lot, with a maximum size of one
hundred fifty (150) square feet and a maximum roof height of seven (7) feet. All
accessory buildings shall be designed and constructed to blend in with the
dwelling on the Lot and shall be used only for purposes incidental to a single
family residence. All accessory buildings must be approved by the Architectural
Control Committee before constructions begins.
(3) Dwelling Size
The ground floor of a one-story dwelling, exclusive of open porches and garage,
shall not be less than 1600 square feet. In the event of a multiple level dwelling,
two-story dwelling, split-entry home, the principal living level shall have a
minimum space of not less that 900 square feet, exclusive of open porches and
garages. No dwelling or other improvement shall exceed two (2) stories in height.
(4) Building Setbacks
Setback requirements are specifically defined in the City of Central Point's
zoning ordinances, and are to be approved by the Architectural Control
Committee (ACC). All buildings shall be locate4d upon a Lot in conformity with
the requirements of the City of Central Point Building Code in effect as of the
date of recording this Declaration. Future amendments to the Building Code
which are less restrictive than the Code in effect as of said date, such as reduction
in setbacks, shall not take precedence over this Covenant.
(5) Tree Planting and Landscape
Each Lot shall have street trees planted at the ration of one (1) tree Lot frontage,
or as required by the City of Central Point. Corner Lots require two (2) street
trees, one per frontage, or as required by the City of Central Point. All trees shall
be of the required size, and planted in accordance with City of Central Point
specification. Within thirty (30) days after completion of the dwelling on the Lot
,,~ the owner of the Lot shall install the required street trees(s). All landscaping shall
have an in-ground irrigation system. Front yard landscaping must be completed
~„ within ninety (90) days after completion of the dwelling, and in addition to the
required city street trees, each lot shall have one (1) shade tree per front yard. All
landscaping must be reasonably compatible with other existing landscaping
within the Subdivision. Grass shall be incorporated into all front yards as a main
feature. All landscaping must be reasonable maintained at all times by the
property owner. Landscaping plans must be approved by the Architectural
Control Committee in writing before installation.
(6) Easements
Easements for installation and maintenance of utilities and drainage facilities, as
well as driveways from private access roads are reserved, as shown on the
recorded plat.
(7) Prohibition Against Used or Pre-Manufactured Dwellings
No used or previously manufactured or constructed buildings or structures
intended for use as a dwelling or garage shall be placed or allowed to remain on
any Lot. No modular, manufactured, or mobile homes or garages shall be
permitted at any time on any Lot.
(8) Quality of Construction
All roofs shall be 5/12 pitch or greater and of composition material with an
architectural design, 30 year or more warranty and color shall be a dark charcoal
grey (Sablewood) unless otherwise approved in writing by the Architectural
Control Committee.
All buildings including accessory buildings, shall be finished in exterior colors in
basic harmony with the surrounding natural environment. Exterior color or colors
shall blend with the naturally subdued tones and hues of surrounding natural
features. All exterior siding materials on all buildings including window frames
and exterior window coverings must be pre-approved in writing by the
Architectural Control Committee.
The front elevations of all houses including garage fronts shall be either lap or
cottage siding. Vertical siding, T-11, board and batten siding and other similar
types of siding shall not be allowed on the fronts of any structure, including
accessory buildings visible from the street.
(9) Masonry /Stucco Panels
The exterior of each home shall have Stucco, Brick, Stone, or Cultured Stone
elements covering, as a minimum, the two frame walls on either side of the garage
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door measuring up at least 34 inches from the garage slab. The selected product
`, shall be submitted to the Architectural Committee for approval along with the
exterior paint colors.
(10) Occupancy and Completion of Construction.
No dwelling or other building shall be occupied permanently or temporarily prior
to one hundred percent (100%) completion and issuance of a Certificate of
Occupancy if applicable. Construction of any improvement once commenced,
shall be pursued diligently to completion and all improvements shall be
completed no later than one (1) year from the start of construction. Improvements
not so completed or upon which construction has ceased for ninety (90)
consecutive days, or which have been partially or totally destroyed and not rebuilt
within a reasonable period of time, shall be deemed nuisances.
Declarant may remove any such nuisance or repair or complete the same at the
cost of the owner provided the owner has not commenced required work with
thirty (3) days from the date Declarant posts a notice to commence such work
upon the property and mails a copy of such notice to the owner at the address
appearing on the Jackson County Assessor's Office records. Such notice shall
state the steps to be taken to eliminate the nuisance. Neither the Declarant, nor
any Declarant's agents, employees nor contractors shall be liable for any damage
,` which may result from any maintenance or repair work performed nor shall the
Declarant or any of Declarant's agents or employees be liable for any failure to
exercise the right to repair any nuisance on any Lot.
(11) Architectural Control Committee /Architectural Review.
The Site Plan and Building Plans and Specification (including exterior colors and
siding) for the first dwelling and garage to be constructed on each Lot shall be
approved in writing by the Architectural Control Committee before construction
may commence. The Architectural Control Committee shall consist of Sal C
Esquivel and Jan D Esquivel, or their assigns.
Approval shall be obtained by application of the owner to the Architectural
Control Committee, 28 Quince, Medford, OR 97501. Within fifteen (15) days of
receipt of the application, the Architectural Control Committee will either
approve or disapprove the application. Failure of the Architectural Control
Committee's to act within said 15 days shall be deemed approval. The
Architectural Control Committee's authority is limited to insuring that the exterior
design and color of structures and the landscaping plan for the Lot are in harmony
with other development in the Subdivision and surrounding natural features. The
Architectural Control Committee shall automatically dissolve upon construction
~ of the last dwelling in the Subdivision.
`, (12) Maintenance of Lots
All Lots, whether vacant or improved, occupied or unoccupied, and all
improvements placed thereon, shall at all times be maintained in such manner as
to prevent them from becoming unsightly, unsanitary, or a hazard to human health
or the environment. If not so maintained, the Declarant shall have the right, after
giving (3) days written notice to undertake such work as may be reasonably
necessary and desirable in order to remedy the unsightly, unsanitary or hazardous
condition. The reasonable cost of all such work shall be paid by the owner(s) of
the Lot.
Neither Declarant nor any of its agents, employees or contractors shall be liable
for any damage which may result from any work performed under this Section,
nor shall the Declarant or any of its agents or employees be liable for any failure
to exercise the right to maintain a Lot under this Section.
(13) Private Access Road Maintenance
On Lots 3, 4, 5, and 6, all maintenance for the private access road leading to said
lots shall be the responsibility of said lot owners. If two or more owners formally
request repair for said road all owners shall equally participate in repair or
maintenance for said road and shall be fiscally responsible for same.
On Lots 1, 2, 7 and 8, all maintenance for the private access road leading to said
lots shall be the responsibility of said lot owners. If two or more owners formally
request repair for said road all owners shall equally participate in repair or
maintenance for said road and shall be fiscally responsible for same..
On Lot 9, all maintenance for the private access road leading to said lot shall be
the responsibility of said lot owner. In this instance the lot owner is fully
responsible for maintenance and repair of the private access road and shall be
fiscally responsible for same.
(14) Fences and Hedges
Except as required in Section 10, no sight obscuring plantains or fencings shall
exceed three (3) feet in height along the front property line of any Lot, or on the
side Lot lines forward from the front building line to the street. There shall be no
fence or wall over six (6) feet in height anywhere within the Subdivision. Height
of the fence shall be measured from the natural grade of the Lot to the top edge of
the fence. All fencing shall be Vinyl fencing matching the fencing along the
Hanley Road side of the property. Each Lot owner shall be responsible for the
care and maintenance of fencing on his/her Lot including the fencing on Hanley
~„ Road on Lots 5,6,7,8 and 9.
The easement along the bank of Jackson Creek shall not be permanently blocked
from use by the City of Central Point. City of Central Point may need access to
the creek area to clear brush or clean the creek bed. If Lot lines are fenced, they
are to be fenced with 8' removable panels for ease of access to easement.
Removable panels would be removed and replaced by City of Central Pointj if
access is required.
(15) Signs and Lot Numbers
Other than during construction of a dwelling, no sign, billboard, or advertising
structure of any kind may be displayed on and Lot or structures, at any time,
except for signs advertising that a dwelling or Lot is for sale. During
construction one sign identifying the contractor and advertising that the dwelling
being constructed for sale, shall be permitted. Signs advertising a subcontractor
for landscaping and/or available financing -one per lot -will also be permitted.
Contractor signs must be removed upon completion of construction and all signs
advertising a dwelling or Lot for sale must be removed upon the closing of the
sale.
~' (16) Animals
No animals shall be kept or maintained on any Lot except household pets that are
not otherwise prohibited by law and that are not kept for commercial purposes. In
no event shall any owner keep or allow to remain on any Lot livestock, poultry,
ferrets, skunks, or pit bulls and other large breeds of dogs commonly deemed to
be dangerous. All permitted pets shall be reasonable confined so as not to
become a nuisance and shall be kept in the manner and in such numbers so they
do not unreasonable interfere with the comfort, privacy, or safety of other owners
within the development.
(17) Garbage and Refuse Disposal
Every receptacle for trash, ashes, or yard debris shall be screened so as not to be
visible from any street or from any other Lot within the Subdivision except for
times when refuse collections are made. No litter, refuse, or other form of trash or
garbage shall be kept on any Lot except in receptacles provided for such purposes
and in accordance with this Section.
(18) Automobiles and Motorcycles
Automobiles and motorcycles shall be parked on the paved drive area of the Lot
or stored in the garage. No junked or inoperable vehicles shall be stored on any
Lot except in the confines of the garage. For purposes of this Section automobile
includes without limitation pickup trucks, sport utility vehicles (SUV's) and
similar types of personal transportation vehicles. No abandoned vehicles shall be
allowed to remain on a Lot or on the street in from of a Lot for longer than forty-
eight (48) hours.
(19) Storage of Boats, Trailers, RV's, Etc.
All boats and boat trailers, RV' [s or any type including without limitation,
campers, trailers fifth wheels all other types of trailers and any other similar type
of equipment, shall be stored only within a garage or behind a screening fence
erected in conformity with this Declaration. No screening fence shall project
beyond the front wall of any dwelling or garage. No such piece of equipment
shall be stored or parked on any street fronting any Lot in the Subdivision.
(20) Driveways
Driveway cuts shall be limited to one (1) per Lot with a maximum entrance of
twenty-four (24) feet.
(21) Poles and Overhead Wires
No poles shall be permitted within the Subdivision except for poles that are
installed by the City of Central Point as street light standards. No overhead wires
shall be erected or used for any purpose. No outside radio or television antennas
shall be erected or maintained on any Lot or improvement in the Subdivision
except for satellite dishes 14" or less in diameter, provided that any permitted
satellite dish shall be attached to the back side of the residence in such a manner
that it is not visible from the street. This Section shall not apply to power poles or
lines already existing at the time of this Declaration or the right of a utility
company to maintain or reconstruct the same or to install new lines in
conformance with pre-existing easements or agreements.
(22) Clotheslines
No clothesline shall be constructed, used or maintained which would be visible
from any street or other Lot.
`. (23) Exterior Lighting
All exterior lighting must shine on its Lot and must be indirect with respect to
neighboring Lots and the street. The intent is to keep all exterior lighting low in
order not to infringe on neighboring properties.
(24) Nuisances
No noxious or offensive activities or nuisances shall be permitted on any Lot
within the Subdivision. No refuse, unsightly or abandoned vehicles, debris,
noxious material, discarded personal effects, construction materials not for
immediate use or similar matters shall be permitted or maintained on any Lot or
portion thereof. It is incumbent upon all property owners with the Subdivision to
maintain their Lots and yards in a safe, orderly and well-groomed manner whether
said Lots are vacant or improved, in order to maintain the value of all Lots in the
Subdivision and so as not to become a nuisance.
(25) Limited Access
There shall be no access to any Lot on the perimeter of the Subdivision except
r`r from the designated street as shown on the recorded plat for the Subdivision.
(26) Re-Subdivision or Joinder of Lots
No Lot shall be further subdivided or partitioned nor shall there be any severance
of the surface or subsurface rights of any Lot. All Lots within the Subdivision
shall remain as separate Lots for all purposes. No dwelling or other structure may
be constructed across a Lot line. Nothing in this Section shall prevent one or
more owners from owning more than one Lot in the Subdivision.
(27) Excavation
No excavation shall be made upon any Lot for any purpose other than excavation
as .may be reasonably necessary for construction purposed relating to dwelling
units, retaining walls, accessory buildings and pools and for the purpose of
contouring, shaping, and landscaping a Lot or in the erection of Permitted
fencing.
(28) Swimming Pools
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No swimming pool shall be constructed in any front yard of a Lot in the Subdivision.
In-ground or above-ground swimming pools must be located in back yards which are
fully enclosed with permitted six (6) foot fencing.
(29) Disposal of Sanitary Waste
All permanent plumbing fixtures, dishwashers, toilets and garbage disposal systems
shall be connected to the sanitary sewer system in the Subdivision, and no sanitary
waste shall be discharged from any such systems or appliances or by any other means
on to any Lot or street in the Subdivision.
(30) Playground Equipment
Trampolines, swing sets and similar types of playground equipment shall not be used
in the front yard of any Lot. A basketball backboard maybe attached to the front of a
garage and a portable basketball backboard may be kept in the driveway but, at no
time shall they be placed in the street.
Declarant's Special Rights
Until all Lots in the Subdivision have been fully constructed and sold, Declarant shall
have the special right to maintain a sales office and model home on one or more of
the Lots. Declarant and prospective purchasers and their agents shall have the right to
use and occupy the sales office and model homes during all reasonable hours any day
of the week. Declarant or its sales agents may maintain a reasonable number of "For
Sale" signs at reasonable locations throughout the Subdivision. In addition, Declarant
reserves for itself and its assigns a blanket easement over, upon, through, and under
all of the Lots in the Subdivision for all purposes reasonably required in order to carry
out the general plan of development for the Subdivision, including without limitation
ingress and egress, the installation, maintenance, repair and replacement of all utility
and service lines and systems serving the Lots and dwellings and other improvements
developed with the Subdivision and the development and sale of addition property,
regardless of whether such additional property is subject to this Declaration. The
easement set forth in this Declaration shall be perpetual and shall run with the land
and shall be freely assignable by Declarant.
Enforcement
The Covenants, Conditions and Restrictions set forth above shall operate for the
benefit of and maybe enforced by the Declarant, his successors and assigns and also
the owner or owners of interest of each Subdivision Lot including without limitation
~,, the holder of any recorded mortgage, trust deed, contract or sale or like instrument.
Enforcement shall be by any proceeding at law or in equity. Failure by the Declarant
or any owner to enforce any Covenant, Condition or Restriction in one instance shall
in no event be deemed a waiver of the right of enforcement thereafter, whether there
is a change in ownership or not.
Interpretation
The Declarant's interpretation of any term, Covenant, Condition or Restriction
contained herein shall be final and conclusive in the absence of fraud, bad faith or
failure to exercise honest judgment, until such time as the Declarant no longer has an
interest in any Lot in the Subdivision. Thereafter interpretation shall follow the
general rules of contract construction as established by the statutory or case law of the
State of Oregon.
Severability
The invalidation of any one of the Covenants, Conditions or Restrictions set forth in
this Declaration shall not affect or invalidate any other provision herein, and the
remainder of the Covenants, Conditions and Restrictions shall remain in full force
`' and effect.
Amendment
All of the Covenants, Conditions and Restrictions of this Declaration shall run with
and bind all of the Lots in this Subdivision, and the owner of any interest in any Lot,
their respective legal representatives, heirs, successors and assigns for a term of
twenty-five (25) years from the date that this Declaration is recorded. After which
time said Covenants, Conditions and Restrictions shall be automatically extended for
successive periods of ten (10) years each unless this Declaration is amended in
accordance with this Section. Any Covenant, Condition or Restriction contained in
this Declaration may be amended by an instrument signed in writing by all of the
owners of nine (9) Lots. All such amendments shall be notarized and recorded in the
appropriate Deed Records of Jackson County, Oregon and shall not become effective
until recording.
Attorney Fees
In the event any legal action is instituted to enforce or interpret any provision of this
,` Declaration, the prevailing party in such legal action as shall be determined by the
trial court or by any appellate court upon an appeal or petition for review there from,
~, shall be entitled to such sum as the appropriate court may adjudge reasonable for the
party's attorneys fees and cost incurred in the legal action, including any appeal or
petition for review there from
Declarant
Sally J L~C~and Oregon Limited Liability Company
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By: Sal Esquivel
)ss
County of Jackson )
On this ~ day of YG(Gl.~ , 2004, personally appeared the above named
Sal Esquivel who being duly swo stated that his is the Member of Sally J LLC,
an Oregon Limited Liability Company and the foregoing instrument was
voluntarily signed on behalf of said Limited Liability Company in accordance
with its Operating Agreement.
Before me:
OFFICIAL SEAL
N. SADDER
NOTARY PUBLIC-0REGON
COMMI3310N NO. 358181
MY COMMI9[II~SN lCXPI~i>_~ M~3:. ~', 2:~'
Notary Public for Oregon