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HomeMy WebLinkAboutMcArthur Court CC&Rs AFTER RECORDING RE'I'[JRN TO: Archie McArthur 2817 Juanipero Avenue Medford, OR 97504 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MCARTHUR COURT - A SUBDIVISION McArthur Home's Construction, An Oregon General Partnership, is the owner in fee simple of real property (hereinafter referred to as the "Subdivision") located in Central Point, Jackson County, Oregon, described on Exhibit A attached hereto and incorporated herein by this reference. RECITALS, INTENT, AND PURPOSE It is the desire and intention of Declarant initially to subdivide the Real Property in Exhibit A subject to the covenants, conditions, and restrictions set forth in this Declaration into six (6) Lots. DECLARATION Now, therefore, Declarant hereby declares that the Subdivision shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and approved subject to the following Declaration of Covenants, Conditions, and Restrictions for McArthw Court - A Subdivision Page 1 of 12 H:\Usei1Fiks~2'7283~CC~ts. doc covenants, conditions, and restrictions all of which are in furtherance of a plan for the ~, subdivision, improvement, and sale of the Subdivision, and of enhancing and perfecting the value, desirability, and attractiveness of the Subdivision. All the covenants, conditions, and restrictions herein set forth shall run with the Subdivision and shall be binding on all parties having or acquiring any right, title, or interest in the Subdivision or any part thereof and shall be for the benefit of each owner of any portion of the Subdivision or any interest therein and shall inure to the benefit of and be binding upon each successor in interest of such owners. The Subdivision is not a Planned Community under ORS 94.550(18)(a). Therefore, no Homeowners Association is contemplated. Declarant shall develop the Subdivision in one phase. NAME 'li~- The name by which the subdivision shall be known is McArthur Court. McArthur Court is a subdivision under ORS 92.010. 1. DEFINITIONS In addition to the terms defined in ORS Chapter 94 and elsewhere defined herein, the following terms shall have the following meanings whenever used in this declaration. 1.1 Code. The municipal code and any other relevant ordinances, laws, or regulations of Central Point, Oregon. 1.2 Declarant. McArthur Home's Construction, An Oregon General Partnership. 1.3 Declaration. This Declaration as from time to time amended or supplemented. 1.4 Dwelling_Unit. The residential structure, including any garage, car port, patio, lanai, or other physical or appurtenant to such structure, constructed on a Lot by the Declarant or by an owner. Declaration of Covenants, Conditions, and Restrictions for McArthw Court - A Subdivision Page 2 of 12 ~~ H:UJserlFiles~2'7283~CC_Rs.doc 1.5 Lot. That portion of the Subdivision conveyed or to be conveyed by the Declarant to an individual owner in fee simple. For the purposes of this Declaration, a Lot shall exist from and after the date of recording an instrument making such Lot subject to this Declaration. 1.6 Mort~at?e. Mortgage or a deed of trust of record encumbering a Lot. The term "mortgagee" shall include the beneficiary under a deed of trust and the vendor under a recorded ~. land-sale contract or recorded memorandum of land-sale contract. 1.7 Owner. The record owner or owners, if more than one, of a Lot, including Declarant and including a vendee under a recorded land-sale contract or recorded memorandum of land-sale contract. 1.8 Subdivision. The Subdivision defined as the Real Property subject to this Declaration. 1.9 Real Property. All the real property described on Exhibit A attached hereto. 1.10 Private Drive. The private drive accessing the Subdivision. 2. CONSTRUCTION IMPROVEMENTS 2.1 Fencin At the time of initial construction of a dwelling on a Lot, Owner shall, prior to occupancy, construct a fence, in conformance with the Code. 2.2 Landscauin~. Owners shall complete front yard landscaping on Lots within eight months of receiving a certificate of completeness of the dwelling on the respective lot. The minimum landscaping shall comply with Code requirements. 3 PROPERTY RIGHTS AND EASEMENTS 3.1 Access Easement. The Private Drive encumbers Lots 1, 2, 5, and 6. The owners of Lots 1, 2, 5, and 6 hereby grant a nonexclusive easement to all other owners in the Subdivision over the Private Drive for the purposes of ingress and egress. No parking shall be allowed on the Private Drive. The lots are shown on Exhibit B. 3.2 Utility Easements. Each Lot shall be conveyed to Owners, other than Declarant, subject to any and all easements of record or shown on the final plat for the use and benefit of several authorized public and/or other utilities, including but not limited to cable T.V., sanitary sewers, water, gas, electrical, and drainage easements, and no Owner shall damage or interfere with the Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision ~ Page 3 of 12 H:\Uscr\Fles\27283\CC Rs.dce installation or maintenance of such utilities or in any manner change the direction or flow of drainage channels in any such easements or in any manner construct or retard the flow of water through drainage channels in any such easement. 4. LAND USE AND BUILDING TYPE 4.1 Use. All Lots in the Subdivision shall be known and described as residential Lots and shall not be used except for residential purposes. 4.2 Lot Size and Division. Lot sizes are plainly shown on the recorded plat. 4.3 Residential DwellinQS. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one single-family dwelling and private garage for not more than three (3) cazs and other structures incidental to the residential use of the Lot. 4.4 Garage Setbacks. All gazages must comply with relevant Code setback provisions. 4.5 Minimum Square Foota,~. All dwellings shall be aminimum of/~4l> square feet, not counting gazages or covered patios. 5. DWELLING AND LOT SIZE: COLOR 5.1 Dwelling Height. The maximum height for any dwelling shall conform to the Code. 5.2 Driveway. All driveways shall comply with applicable code requirements. 5.3 Frontage. Landscaping on Lot frontage must comply with Code requirements. 5.4 Color. All Dwellings shall be painted in earth tones. 6. USE RESTRICTIONS The use of the Lots shall be restricted in accordance with the following provisions in addition to all other covenants, conditions and restrictions herein contained. 6.1 Residential Use. The Lots and Dwelling Units shall only be used for residential purposes. This Section shall not exclude the construction of a private greenhouse, storage unit, private swimming pool, or shelter for the protection of such swimming pool or storage of a boat or a personal use camping trailer. No swimming pools shall be sited in front yazds. All such Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 4 of 12 H:\User\Fiks\27283\CC~2s.dce improvements must be located in conformance with all applicable Code provisions and be compatible in design with the residential construction on the subject Lot and adjacent Lots. 6.2 Maintenance. Each Owner shall maintain and keep his Dwelling Unit and Lot in a clean, sanitary and attractive condition. Landscaping on each Lot shall be maintained in at least as good or better quality in design and nature of planting as is required by this Declazation at the time of initial construction of a dwelling on the Lot. 6.3 Commercial or Agricultural Use. No industry, business, trade, occupation or profession of any kind, shall be conducted, maintained or permitted on any part of the Subdivision, unless specifically allowed by this Declazation and permitted and approved as a home occupation by Jackson County and any other applicable governmental authority. No Agricultural barns shall be permitted. 6.4 Animals. Household pets, in a reasonable number, may be kept if they aze solely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be permitted outside of the Lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. The Owner of any pet shall be responsible for cleaning up after said pet on any Lot within the Subdivision. Any structure for the care, housing or confinement of any house or yazd pet shall comply with the Code. ~, 6.5 Utility Service. Except as set forth on the Final Plat, no lines, wires, satellite dish larger than 18", antennae, or other devices of any kind for the communication or transmission of electric current or power, including telephone, television and radio signals, shall be constructed, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or other approved structures. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements. 6.6 Temporary Occupancy. No trailer, basement of any incomplete building, tent, shack, gazage, and no temporary building or structure of any kind shall be used at any time on any Lot for a residence either temporary or permanent. 6.7 Outside Storase. All firewood and other materials or equipment stored on any Lot shall be screened from the ordinary view from adjacent Lots and streets. 6.8 Trash, Recycling, and Lawn Clipying Receptacles• Burning• Debris. All trash, recycling, and lawn clippings shall be retained in appropriate receptacles and shall be screened Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 5 of 12 H:\Us~ks\27283\CC, Rs.doc from reasonable and ordinary view from the adjoining Lots and streets. Trash, recycling, and lawn clipping receptacles shall not be placed on the Private Drive earlier than 7 p.m. on the night before pick-up and shall be removed by 7 p.m. on the day of pick-up. Burning of organic material shall comply with all applicable local, state or federal regulations. Temporary construction debris shall be contained for removal as provided in Section 6.20 herein. 6.9 Basketball Standards. No basketball standards or fixed sports appazatus of any nature shall be attached to any Dwelling Unit or garage or be erected on any Lot, except in the rear yazd of such Lot. No portable basketball hoops shall be stored in the Private Drive. 6.10 Garages and Parkine. Garages shall be used only for the parking of motor vehicles, recreational vehicles, storage and permitted workshop purposes. All garages shall be equipped with automatic gazage door operators and all residents are encouraged to keep garage doors, which aze visible to the street, closed whenever practical. Residents are encouraged to park their vehicles on their Lot behind the front yazd setback line and preferably in enclosed garages. Residents shall not park their vehicles on the street. Recreational vehicles, motor homes, and boats shall not be parked on the Private Drive. Recreational vehicles, motor homes, and boats shall not be parked on any Lot unless they are within an enclosed gazage or a screened side yazd. All automotive repair work shall be performed inside an enclosed garage. Disabled vehicles shall be parked inside an enclosed garage. 6.11 Clothes Drying Facilities. No outside clotheslines or other outside clothes drying or airing facilities shall be maintained on any Lot, unless such facilities are concealed so as not to be seen from any other lot or the Private Drive. 6.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may have been initially installed by or pursuant to plans previously approved by Declarant. 6.13 Nuisances. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment, such as private workshop equipment, as is usual and customary in connection with the use or maintenance of a Dwelling Unit. No noxious or offensive condition, including activity causing excessive smoke, dust, noise or debris, shall be permitted upon any part of the Lot. Motorized bikes andall- terrain vehicles may not be operated on any Lot. Motorized transportation may be operated on a Lot solely for the purpose of transporting it from a residence to a public roadway for off-site use but are not allowed recreational use of such machinery within the Subdivision. Declazation of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision ~ Page 6 of 12 H:\UserlFiks\27283\CC Rs.dce 6.14 Diseases and Insects. No Owner shall permit any thing or condition to exist upon ~r- his Lot, which shall induce, breed, or harbor infectious plant diseases or noxious insects. 6.15 Mineral Exploration. No Lot within the Subdivision shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any other such substance or other mineral of any kind except for any excavation that may be done in connection with the construction of a dwelling in the Subdivision. 6.16 Restrictions on Easements. No Owner, except Declarant, may grant an easement or other interest in a Lot. 6.17 Signs. No signs (including, without limitation, commercial, family "crest" or name signs, and all such similar signs) which are visible from neighboring Lots shall be erected or maintained on any Lot except: (a) Such signs as may be required by legal proceedings. (b) Such residential identification signs as are installed in the initial construction of the Dwelling Units. (c) During the time of construction of any residence or other improvement by Declarant, job and sales identification signs. '~.- (d) Subdivision identification monument sign(s) located at the entry to the Subdivision. In addition to and in conjunction with the signage, one or more monument walls at the Subdivision entrance may be constructed. (e) Not more than one "for sale" sign having dimensions not to exceed eighteen (18) by seventy-two (72) inches, so long as the posts or standards for said signs do not damage or destroy lawns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the construction of improvements on any Lot or within the Subdivision or during the period of time any Lot is owned by Declarant. (f) A reasonable number of election campaign signs until the respective election. is completed. Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 7 of 12 H:\User\Fiks\27283\CC ~t s. doc 6.18 Tenant Leases. No Dwelling Unit shall be rented or leased for a period of less than thirty (30) continuous days at one time. All rental and lease agreements shall be in writing. 6.19 Fences. All necessary municipal permits shall be obtained prior to any fence construction. All fences must be constructed so as to provide a finished appeazance. All fences and railings shall be well constructed and maintained and shall not detract from the appeazance of other improvements located upon the Lot. The maximum height and location of all fences, railings and hedges must conform to the Code, but in no event shall a fence exceed eight feet in height. Hedges and sight obscuring plants shall not exceed three feet in height in the front yard or along any side lot line for the prescribed setback length. 6.20 Construction Debris. The Owner of each Lot is responsible for the temporary containment and permanent removal of all construction debris on the Lot and any debris that is windblown or in any way displaced from the construction site to adjoining Lots. The Owner is also responsible for the cleanup of any dirt or mud tracked into the roads during the course of construction of improvements on his Lot. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. 6.21 Firearms. No firearms or archery equipment shall be used or discharged on any Lot. 6.22 Fuel Tanks. No fuel tanks shall be constructed above or below ground level except for propane gas for home use. Any such tank shall be screened from view. 6.23 Lighting_ No invasive outdoor lighting within the Subdivision shall be permitted. All outdoor lights shall be shielded from point source glaze and shall not be duected towards adjacent parcels. All overhead or other azea lighting shall be shielded to cast a downwazd glaze. There shall be no night guazd lights. 6.24 Manufactured Homes. No manufactured homes, trailers, or similazly prefabricated dwellings are permitted in the Subdivision. 7. DEVELOPMENT RIGHTS 7.1 Limitations of Restrictions. Declazant is undertaking the work of constructing improvements identified in Section 7.2. The completion of that work and the sale, rental and other disposal of Lots is essential to the establishment and welfare of said Subdivision as a residential Declazation of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 8 of 12 H:~ilser~Fiks~272831CC~ts.doc community. In order that said work may be completed and said Subdivision be established as a fully occupied residential community as rapidly as possible, nothing in these Restrictions shall be understood or construed to: (a) Prevent Declarant, its contractors, subcontractors, or permittees from doing, on any Lot or any portion of the Subdivision, whatever is reasonably necessary or advisable in connection with the completion of said work; or (b) Prevent Declarant from maintaining such signs within the Subdivision, as may be necessary for the sale or disposition of the Lots therein. 7.2 Declarant's Development Ri ts. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the Real Property described on Exhibit "A." Nothing in the Declaration shall limit the right of Declarant to commence and complete construction of improvements to the Subdivision or to alter the foregoing or to construct such additional improvements as Declarant deems appropriate prior to the sale of all of the Real Property described in Exhibit "A." 8. PRIVATE DRIVE MAINTENANCE. 8.1 Minimum Standards. All Owners in the Subdivision shall be responsible for the maintenance and repair of the Private Drive. The Private Drive shall be maintained according to the minimum standards for residential city streets in the City of Central Point. 8.2 Allocation of Maintenance Costs. The Owner(s) of each Lot shall be responsible for one-sixth (1/6) of the cost of Private Drive maintenance and repair. 8.3 Voting. ff at least four-sixths (4/6) of Owner agree in writing that maintenance or repair of the Private Drive is needed, any of the Owners may undertake the performance of the required maintenance or repairs. Each Owner shall be obligated to contribute one-sixth (1/6) to the cost of such maintenance and repairs. Once maintenance and improvements are determined to be made, the Owners of each Lot shall pay their one-sixth (1/6) share within 30 days of completion of the maintenance or repairs. If a contractor requires a deposit or payment before completion, Owners shall pay one-sixth (1/6) of the required amount within 30 days. In the event any Owner fails to pay his or her requisite share, any other Owner may pay for the non-paying Owner's share. The paying Owner shall have a lien on the non-paying Owner's property in the amount of the non-paying Owner's shortfall. The amount owed by the non-paying Owner shall accrue interest at 12% per annum from the date 30 days after the paying Owner paid for the maintenance or improvements. Declaration of Covenants, Conditions, and Restrictions for McArthw Court - A Subdivision Page 9 of 12 H:\User\Fiks\27283\CC1ts.dce Such lien shall be enforced according to the lien provisions contained in the Oregon Revised ~. Statutes. 8.4 D_ amaQe. If any Owner conducts, or authorizes any other persons to conduct, activities on the Private Drive, including activities related to construction, other than normal residential ingress and egress, which activities cause damage or unusual wear and teaz to the Private Drive, then that Owner shall be solely liable for restoring the Private Drive to the condition it was in prior to the damage or wear and tear. If such Owner fails to undertake this restoration within 30 days of the date it is served written notice of demand for restoration by another Owner to undertake the restoration, any other Owner may undertake to restore the Driveway. The Owner who caused the damage or authorized the damaging activity shall be liable to any other Owner who undertakes repair work. Such costs shall accrue interest as provided in Section 8.3 above. 8.5 Insurance; Indemnity. All Owners shall maintain homeowners insurance in a reasonable amount covering liability for acts and occurrences on the Private Drive. Owners shall save, protect, indemnify, and hold other Grantees harmless with regazd to any action, claim, suit, or demand arising from or attributable to each Owner's and their guests', licensees', invitees', and agents' use of the Private Drive. 9. TOD OVERLAY COMPLIANCE 9.1 Standards. The subdivision is in the Central Point TOD zoning district. All dwellings must conform to Central Point Code Section 17.67.070. 10. GENERAL PROVISIONS. 10.1 Binding Effect; Term. The covenants, conditions, and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by any Owner, his respective legal representatives, heirs, successors, and assigns. 10.2 Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declazed to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant or any Owner. 10.3 Violation of Law. Any violation of any federal, state, municipal, or local law, ordinance, or regulation pertaining to the ownership, occupation, or use of the Subdivision or any part thereof is hereby declared to be a violation of this Declazation and subject to any and all of the enforcement procedures set forth herein. 10.4 Obligations of Owner. No Owner may avoid the burdens or obligations imposed on Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 10 of 12 H:\UserlFles127283\CC1Ls.doc him by this Declazation by abandonment of his Lot. No person, after the termination of his/her status as an Owner and prior to his/her again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declazation. 10.5 Notices. Any written notice or other documents relating to or required by this Declazation maybe delivered either personally or by mail. If by mail, such notice or document shall be deemed to have been delivered and received five (5) calendar days after a copy thereof has been deposited in the United States Postal Service, postage prepaid, addressed as follows: (a) If to an Owner, to the address of any Lot owned in whole or in part by him/her. (b) If to Declazant: McArthur Home's Construction c/o Archie McArthur 2817 Juanipero Avenue Medford, OR 97504 10.6 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. 10.7 Partial Invalidity. The invalidity or partial invalidity of any provision of this Declazation shall not affect the validity of, or enforceability of, any other provision. ~'' 10.8 Number; Gender. As used herein, the singulaz shall include the plural and the plural the singulaz unless the context requires the contrary; and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter as the context requires. /// /// /// /// /// /// H:\User\Fles\27283\CC~ts.dce Declaration of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 11 of 12 11. EFFECT OF THIS DECLARATION, AMENDMENTS These covenants and restrictions shall run with the land and shall be binding on all parties in perpetuity unless an instrument changing this Declaration and signed by a majority of the owners of the Lots in said subdivision is recorded. IN WITNESS THEREOF Declarant has executed this Declaration this ~ day of ~~ ~' 200S,Q -- McArthur H me's Construction Its: `\r STATE OF OREGON ) ss. County of Jackson ) On this ~ day of , named Archie McArthur and ackno ledged the fo Restrictions to be her voluntary act and deed. My Commission Expires: r~FFI~ C~E~ CpRR1E ANDRIES NOTARY PUBLIC-pRECsON COMMISSION NO. 403223 l,~y OMMISSION EXPIRES MAR. 26, 2010 Declazation of Covenants, Conditions, and Restrictions for McArthur Court - A Subdivision Page 12 of 12 before me the above- nants,Conditions, and H:\User~Fks~27283~CC Rs.doc