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HomeMy WebLinkAboutKensington Court - CC&Rs Conditions, Covenants and Restrictions For KENSINGTON COURT, A PLANNED DEVELOPMENT Developer: Cochran Holding Company, LLC 1523 Satellite Dr Medford, OR 97504 '`. ~r DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS: FOR "Kensington Court" , a Planned Development in Central Point, Oregon THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS is hereby made and executed in Jackson County, Oregon, this day of 2003, by James A. Cochran and Scott J. Cochran, authorized representatives of COCHRAN HOLDING COMPANY, LLC, the developer of KENSINGTON COURT, and hereinafter referred to as "Declarant": WHEREAS, The City of Central Point, Oregon, has issued its approval for tentative plat and PD Plan fora 10-lot Planned Development project, developed in conformance with the Central Point Zoning Ordinance, and, WHEREAS, the development includes the necessity for each subsequent property owner or successor in interest to be responsible for the maintenance of the individual properties within the subdivision, such as building and lot maintenance, and, WHEREAS, Declarant intends to insure, through these Conditions, Covenants `r and Restrictions, the scope and quality of the development are consistent throughout for the purpose of enhancing and protection the value, desirability and attractiveness of said property, 2 NOW, THEREFORE, DECLARANT HEREBY DECLARES: '~.r' That the real property, lots and parcels described as Exhibit "A", is, and shall be, held and conveyed to private individuals upon the approval of Final Plat and Final PD Plan by the City of Central Point, Oregon, subject to the dedications, easements, and conditions set forth on the plat, and the following Conditions, Covenants and Restrictions, all of which aze for the purpose of enhancing and protecting the value, desirability and attractiveness of said property and providing a meaningful and reasonable provision for operations, maintenance and upkeep of the overall project, and to insure the health, safety and welfare of the owners within the project, consistent with the applicable provisions of the City of Central Point Municipal Code. 2. These Conditions, Covenants and Restrictions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them; also these conditions, covenants and restrictions shall insure to the benefit and be limitations upon all future owners of said property or of any interest therein. ARTICLE I: DEFINITIONS 1. "Lot" shall mean and refer to any separately designated plot of land shown upon the recorded Final Plat and Plan of KENSINGTON COURT, A PLANED DEVELOPMENT, as approved by the City of Central Point, Oregon. 2. "Mortgage" shall mea a Deed of Trust or Contract of Sale as well as Mortgage. 3. "Mortgagee" shall also mean a beneficiary under a Trust Deed or a vender or (seller) under a contract of sale. 4. "Owner" shall mean and refer to the record owner, weather one or more persons or entities, of all or any said part of property, but in the case of sale of contract, owner shall also mean the contract purchaser of any lot or parcel within the subdivision. ~rr 5. Declarant" shall mean and refer to the undersigned, and their successors, heirs and assigns. 6. "Plat" shall mean the Final Plat of KENSINNTON COURT, A PLANNED DEVELOPMENT, as approved by the City of Central Point, Oregon. 7. The terms "Development", "PD" and "Property" shall mean KENSINGTON COURT, A PLANNED DEVELOPMENT, which is a 10-lot residential project located off Pittview Avenue in Central Point, Oregon. 8. "tenant" shall mean any person leasing, renting opr living a lot within the subdivision, their successors, heirs and assigns. .~ 4 ARTICLE II: APPLICABILITY Every person or entity who is a record owner or tenant of land under the terms noted above of any lot or parcel within KENSINGTON COURT PLANED DEVELOPMENT shall be subject to the following Conditions, Covenants and Restrictions, which have been established for the welfare, safety and value of the properties described herein. ARTICLE III: CONDITIONS AND RESTRICTIONS: The following conditions and restrictions shall be applicable to the real property described as KENSINGTON COURT PLANNED DEVELOPMENT, as well as each lot in the project, and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein: Section 1: Land Use, Building Type and Location: The use of the lots in this Subdivision shall be restricted to one single family structure, for single family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than a delineated structure appertenant garage, and must be two stories in height, and the lower level shall not be less than 1,000 square feet in size, exclusive of garages and open porches. No asbestos or tar paper siding, shall be used in the exteriors. Architectural shingle roofing finishes of gray or black colors are to be used on all dwelling or accessory buildings; further, all accessory buildings shall conform generally ~.- to the same finish as the dwellings to which it is appurtenant. All siding proposed for any structure contained within the Development must be "Hardi Plank", or the equal thereof. All buildings shall be located upon the lots in conformity with the provisions of the City of Central Point Building and Planning regulations and codes in effect upon the date of recording these covenants. Section 2: Easements: Easements for the installation and maintenance of utilities and drainage are reserved as shown on the recorded Final Plat. At the of the initial construction and installation of public utility lines, the party installing same shall bear the entire cost of the construction and installation of the public utility lines, and thereafter any maintenance work or further installation of such lines. Section 3: Signs: Unless written approval is first obtained from Declarants and the City of Central Point, no sign of any kind shall be displayed to public view on any lot or building on said property, except one professional sign of not more than twenty-five square feet advertising the project, or standard signs used by the developer to advertise the property during the construction, sales and rental period. Section 4: Sanitation: No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be maintained or kept on any part of said property except in a sanitary container, which shall be kept in a clean and sanitary condition, and shall be stored so as not to be visible from the street or common areas except for garbage pick-up day. Sanitation service is provided by Rogue Disposal Service. Section 5: Nuisance: No noxious or offensive conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats and other pets provided that they are not kept ,bred or maintained for an commercial purpose or in unreasonable numbers. All dogs shall be kept in an enclosed area or on a leash. The term "Nuisance" as used in this section, includes (a) loud and offensive noise such as excessive stereo or automobile exhaust noise, (2) barking dogs (3) Storage of junked, wrecked or inoperative vehicles, and (4) littering, waste materials, offensive odors or other conditions deemed a nuisance by state law. Nuisance enforcement will be via complaint and citation through the City of Central Point. 1 ``r Section 6: Vehicle Storage: Long-term parking of boats, trailers, motorcycles, truck/campers, recreational vehicles, vehicles under repair, and like equipment shall not be allowed on any part of any lot, nor on any public ways adjacent thereto excepting only: (a) parking on existing driveways or (b) within the confines of an enclosed garage, or behind screening fences or shrubbery which shall, in no event, project beyond the front walls of any dwelling or garage. Automobile washing, waxing, etc. is exempt from this requirement. 7 Section 7: Poles, Antennas and Overhead Wires: No poles shall be permitted within the subdivision except for poles that are installed by the City of Central Point to street light standards. No overhead wires or antennas shall be erected or used for any purpose. (This provision is not to apply to power poles or lines already existing at the time of this declaration, or the rights of the power utility to maintain or reconstruct same, nor shall this provision prohibit the exercise of rights under pre-existing easements or agreements. Twenty-four (24") inch or smaller satellite dishes are permissible; easements have been granted for the provision of cable TV and have been noted on the plat of the subdivision as Public Utility Easements (PUE). Section 8: Exterior Maintenance: Each home owner having control of a building within the development is required to maintain the exterior of the building in a clean, attractive and neat manner. Exterior maintenance shall include, but is not limited to: sweeping, window cleaning, cobweb removal, maintenance of exterior lighting, maintenance of screens and screen doors, painting and landscape maintenance. Section 9: Landscaping and Lots: KENSINGTON COURT PLANNED DEVELOPMENT is developed as a single family residential complex utilizing private landscape features. Landscaping includes lawn, and at least two trees per lot. All landscaping shall be maintained on a regular basis, and noxious weeds, grass and overgrown properties will be cut and maintained consistent with Central Point Ordinance requirements. Section 10: Temporary Residence: No camper, Recreational Vehicle, tent, trailer or other vehicle or structure shall be used at any time for a temporary residence on this property without the express approval of the Declarants. Section 11: Day Care Centers: Under no circumstances shall any residence within this subdivision be utilized as a day care facility without approval of the Declarants. Section 12: Architectural Review: The Plans, specifications and plot plan for the dwelling and garage to be constructed on each lot in the subdivision shall be approved by the Declarants before construction may commence. Approval shall be obtained by application to the Declarants . Said Declarants shall either approve or disapprove such plans or specifications within five days; and failure of the Declarants to act within a period often days shall be deemed approval thereof. Section 13: Fences and Hedges: Plantings or fences shall be established by the landscape plan approved by the City of Central Point. Maximum height of any sight- obscuring fence shall be six feet. Fences shall be constructed of suitable and shall not detract from the appearance of the dwelling, or detract from the appearance of the dwelling on adjacent lots. Section 14: Right of Enjoyment and Enforcement: All owners of lots or parcels within the Development are entitled to share in the rights, privileges and obligations of 9 ~r the private properties within the development, subject to the CC&R's. Declarant has the right to enforce, by any proceeding at law or in equity, all restrictions, covenants and conditions, pursuant to the Bylaws and the Declaration. Failure by the Declarants to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so. Section 15: Severability: Invalidation of anyone of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 16: Amendment: The conditions, covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarants, or the owner of any lot subject to this declaration, their respective legal representatives, heirs, successors and assigns, for a term of Twenty-five (25) years from the date this declaration is recorded, after time said covenants shall be automatically extended for successive periods often (10) years each. Any of the conditions ,covenants or restrictions of this KENSINGTON COURT PD. Such amendments shall be recorded to the appropriate Deed Records of Jackson County, Oregon, to be effective. 1(1 `r' THE UNDERSIGNED, AS DECLARANTS, SUBSCRIBE TO AND DATED THESE CONDITIONS, COVENANTS AND RESTRICTIONS in Medford, Jackson County, Oregon, this day of , 2003: James A. Cochran, Cochran Holding Company, LLC Scott J. Cochran, Cochran Holding Company, LLC STATE OF OREGON ) ss. County of Jackson Personally appeared James A. Cochran and Scott J. Cochran, and acknowledges these Conditions, Covenants, and Restrictions to be their voluntary act and deed: BEFORE ME: Notary Public For Oregon My Commission Expires