HomeMy WebLinkAboutNew Haven Estates - CC&Rs'~.-~
98 51303
DECLARATION OF CONDITIONS AND RESTRICTIVE
COVENANTS
NEWHAVENESTATES, PHASE 1
CITY OF CENTRAL POINT, JACKSON COUNTY, OREGON
The undersigned, being the owners and parties in interest of all the real property
known as NEW HAVEN ESTATES, PHASE 1 in the 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 NEW HAVEN ESTATES,
PHASE 1 as the same appears on the map and plat thereof recorded in
Volume Z'r , at Page 3q , 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:
Note: This subdivision is located within two hundred (200') feet of an
operating orchard. Nearby residences may be subjected to noise, dust, odor,
spray residue and other types of substances, products, and effects incidental to
common, customary and accepted farm practices.
Note: The property south and west of New Haven Subdivision is being
developed as a manufactured home park.
1. LAND USE AND BUILDING TYPES: The use of these lots shall
be restricted to one (1) dwelling for a single family for residential purposes, except
as hereinafter set out. No building shall be erected, altered, placed, or permitted to
remain on any ether lot other than one detached single family dwelling and
accessory buildings consisting of the private garage and such other outbuildings as
are incidental to the residential use of the lot.
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98 51303
2• DWELLING QUALITY AND SIZE: The floor area of the dwelling
`,. house, exclusive of garages and open porches shall not be less than ONE
THOUSAND THREE HUNDRED (1,300) SQUARE FEET. No asbestos or
tarpaper siding or asbestos shakes or shingles shall be used on the exterior. All
roofs shall be of composition material, twenty-five (25) years or more with an
,~ architectural design and Dura Ridge caps. Ap roof colors shall be Brownwood or
Weathered Wood Blend. All roofs shall be built with a minimum 5/12 pitch.
Horizontal siding in front of building. Alt accessory buildings shall conform
generally in architectural design, be constructed of the same exterior materials, and
have the same finish as the dwelling house to which it is appurtenant.
3• DWELLING LOCATION: All buildings shall be located upon such
lots inconformity with the requirements of the city codes of Central Point and
ordinances of the City of Central Point, Jackson County, Oregon, in effect upon the
date of recording of these covenants.
4. EASEMENTS: Easements for the installation and maintenance of
utilities and drainage are reserved as shown on the recorded plat. At the time of the
initial construction and installation of all public utility lines, the party installing the
same shall bear the entire cost of constructing and installing such public utility lines
and thereafter any maintenance work or further installation of such lines.
5. NUISANCES: No noxious or offensive activity shall be carried out
upon any lot nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. Trash, garbage, or other waste
materials shall not be kept except in sanitary containers pending collection and
removal. All incinerators or other equipment for the temporary storage or disposal
~- of such material shall be kept in a clean and sanitary condition. No animals,
livestock, or poultry of any kind shall be raised, bred, or kept on any lot except that
dogs, cats, and other pets may be kept provided that they are not kept, bred, or
maintained for any commercial purposes or in unreasonable numbers.
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6• TEMPORARY STRUCTURES: No structure of a temporary
character, trailer, basement, shack, garage, barn, or other outbuilding shall be used
on any lot at any time as a residence, either temporarily or permanently.
7• DAY CARE CENTERS; Under no circumstances shall any
residence on any lot in this subdivision be utilized as a day care.
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98 51303
8. OCCUPANCY AND COMPLETION TIME: No dwelling shall be
~ occupied permanently or temporarily prior to 100% completion. All buildings shall
be completed within one (I) year from the start of constriction. Each lot shall have
street trees planted at the rate of one (1) tree per lot frontage. Corner lots will
require two (2) street trees, one per frontage. All trees shall be required Size and
planted in accordance with the City of Central Point Parks Department
specifications. Each owner of each lot will be required to meet City of Central
Point tree planting requirements within thirty (30) days after occupancy.
9. SIDEWALKS: After the lots are sold by the Declarant, purchasers
are required within thirty (30) days after completion of dwelling to construct
sidewalks along the front lot line in conformity with standards set forth by the
Central Point City Engineer. All sidewalks to be completed by within one (1) year
of purchase or within thirty (30) days after completion of the dwelling whichever
occurs first.
10. VEHICLE STORAGE: 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 except within the confines of
an enclosed garage, storage port, or behind a screening fence or shrubbery which
shall in no event project beyond the front walls of any dwelling or garage.
11. ARCHITECTURAL REVIEW: The plans, specifications, and plot
p or the first residential dwelling and garage 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 original subdivider,
declarant, or the Architectural Control Committee primarily with respect to
conformity and harmony of the external design with existing structures. Said
subdivider or Architectural Control Committee shall, within ten (10) days from the
application for approval, either approve or disapprove such plans or specifications,
and failure on the part of the subdivider or Committee to act within said period of
ten (10) days shall be deemed an approval thereof. Architectural Control
Committee shall consist of Wayne Van Wey, Clayton Johnson, and John Schleining
whose offices are located at 1762 East McAndrews Road, Suite "J," Medford,
Oregon, 97504.
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98 51303
12. POLES AND OVERHEAD WIRES: No poles shall be permitted
within the subdivision except for those which are installed by the City of Central
Point or PP&L as street light standards. No overhead wires shall be erected or used
for any purpose. No outside radio or television antennae will be allowed. (This
paragraph shall not 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.) The United States flag may be flown from a pole not to exceed
sixteen (16') feet in height.
13. FENCES AND HEDGES: Planting or site obscuring fences shall not
exceed three (3') feet in height in the front yard or on the side lot lines forward of
the front building line with the greatest setback on a lot or the adjoining residential
lot. The maximum height of asite-obscuring fence located on the remainder of the
lot shall not exceed six (6') feet in height. Fences shall be well constructed of
suitable fencing materials and shall not detract from the appearance of the dwelling
located upon the lot or building site or be offensive to the owners or occupants
thereof or detract from the appearance of the dwelling located on the adjacent lots.
(In the event of chain link fencing, the owner of said fence shall install the
recommended manufactured vertical slats). All fences must comply with all code
requirements, specifically relating to fencing, of the City of Central Point.
14. SWIMMING POOLS: No swimming pool shall be constructed in any
front yard area of a lot in said subdivision unless it is screened from ordinary views
of the adjoining lots and the street. No inflated plastic enclosure or permanent pool
enclosures of any kind may be constructed or installed without first having obtained
~r the written approval of the subdivider or his appointee(s).
15. MANUFACTURED HOUSING: Manufactured housing or factory
built homes shall not be allowed within the subdivision.
16. TERMS: These covenants, restrictions, conditions, exceptions, and
reservations shall run with the land henceforth and shall be binding upon the
grantees, their heirs, successors, and assigns, and all persons claiming under any of
them, except these covenants may be changed, in whole or in part, at any time,
provided an instrument signed by seventy-five percent (75%} of the owners of the
lots has been recorded, agreeing to change said covenants in whole or in part.
98 51303
~~ 17. ENFORCEMENT: These covenants, conditions, restrictions,
exceptions, and reservations shall operate for the benefit of and may be enforced by
the grantor, his successors and assigns, and also the owner or owners of any portion
of said subdivision. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any of these
~, covenants, restrictions, conditions, exceptions and reservation either to restrain
violation or to recover damages for their violation or both.
18. SEVERABILITY: The invalidation of any of the said covenants,
restrictions, conditions, exceptions and reservations shall in no way affect any of the
other provisions, all of which shall remain in full force and effect.
The above covenants are not intended to unduly restrict anyone. They are,
however, expected to be followed so that the beauty of the subdivision and
enjoyment of all those who live within New Haven Estates may be maintained.
IN WITNESS WHEREOF, the parties hereto set their.hand and seal this o?~ ~-{~
day of ~('.}E~,~ , 19~_.
KEY W ROPERTIES VAN WEY HOMES, IN
By: By,
.A. Galpin Cla n R. Joh s n
State of Oregon }
} ss.
,,` County of Jackson }
BE IT REMEMBERED that on this ~q {~-~ day of October, 1998, before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared the within named C.A. Galpin and Clayton R. Johnson known to me to
be the identical individuals who executed the within instrument and acknowledged
to me that they executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
afftxed by official seal the day and year last above written.
~~ ~ ~~~~ ~~~t/h~
Notary Public for Oregon.
.. ~`.'.L SEAL My Commission expires: 7 (~ aka
MAIILA OWENi
NOTARY PUBLIC-OREOON
COMMISSION NO ~11la1~
MY C01.1MISSION EXPIRES JULY Z0, l002 5
98 51303
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Jackson County, Oregon
Recorded
OFFICIAL RKORDS
NOV 0 31~•
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COUNTY CLHRK
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02 14013
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~' DECLARATION OF CONDITIONS ~ ~
AND
RESTRICTIVE COVENANTS
~" NEW HAVEN ESTATES, PHASE VIII
CITY OF CENTRAL POINT, JACKSON COUNTY,
OREGON
The undersigned developers of NEW HAVEN ESTATES, PHASE
VIII, do hereby declare that the Declaration of Conditions and Restrictive
Covenants for NEW HAVEN ESTATES, PHASE I, recorded October 29,
1998, as Instn~ment No. 98-51303, Official Records of Jackson County,
Oregoq as amended herein, shall be extended to include real property within
the confines of that certain tract now known as NEW HAVEN ESTATES,
PHASE VIII, as the same are more particularly described in the certain plat
duly filed and recorded in the plat book in the office of the Jerk of Jackson
County, Oregoq Volume~Q, Page / 3 ,filed on ~arG~ / 3 , 2002,
which plat shall be by this reference incorporated herein and made a part
hereof.
As amended above, the undersigned hereby affirm and ratify all of the
restrictions in the Declaration of Restrictions for the NEW HAVEN
ESTATES, PHASE I.
]N WITNESS WHEREOF, the undersigned have hereunto set their
hands and seals this ~ day of 171a rch 2002.
DECLARATION -1
File ~~ C~ fK bavrL
02 14013
KEY WEST PROPERTIES/LARVAN, INC. VAN WEY HOMES, INC.
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BY'
John Schleining, President Cla R Johnso surer
POWDER RIVER, INC KEY PROP S/GALPIN LLC
BY: BY: 1
J E. Parks, President 's Gal in, ember Galpin LLC~
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Schla"rng c Sargent by John Schldning POA!
STATE OF OREGON )
OFFICIAL SEAL
) ~~ NOAARYpIUaIIC~RMEGON
Cotmty of Jackson ) coMMlssloN No. 3zllee
MY COMMISSION EXPIRES MAR. 01, 2003
Thrs uLCirumeM was acknowledged before me on this f ~~Iay of mtrr,~
2002, by John Schkining as agent of Kry West Properti s/L.arvan, Inc.
Notary Public for Oregon
STATE OF OREGON ) OFFICIAL SEAL
)ss. ~. PATRICIA!~THOMAS
NOTARYPUBLIC-OREGON
County of Jackson ) COMMISSION No. 321186
MY COMMISSIONEXPIRES MAR. 01, 2003
This instrument was acknowledged before me on this ~ day of -~ xeh
2002, by Clayton R. Johnson as agent of Van Wry H Inc.
Notary Public for Oregon
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DECLARATION - 2
02 14013
STATE OF OREGON ) OFFICIAL SEAL
ss. PATRICIA L. THOMAS
NOTARY PUBLIC-OREGON
County of Jackson ) coMMlssloN No. 32119e
MY COMMISSION EXPIRES MAR. 01, 200J
This instrument was acknowledged before me on this day of f'Y)erC~,
2002, by James E. Parks as agent for Powder River, Inc,~~
STATE GF OREGON )
~+-
County of Jackson )
No. 3211 ee
MAR. 01.2
This instrument was acknowledged before me on this ~ day of m df'e.~l
2002, by Cris Galpin as agent for Key West Properties/Gslpin LLC.
otary Public for on
STATE OF OREGON )
OFFICIAL SEAL
) ~ NOATARY PIU UC OR~EOON
County of Jackson ) .„ ; COMMISSION N0.321188
MY COMMISSION EXPIRES MAR. 01, 200J
Ibis instrument was acknowledged before me on this day of
2002, by John Schleining.
!%1fi~CiA, ~ l j?YiiLi /
otary~Plrblic for Oregon
STATE OF OREGON ) OFFICIAL SEAL ~
) as. PATRICIA L. THOMAS
NOTARY PUBLIC-OREGON
County of Jackson ) COMMISSION N0.321186
MY COMMISSION EXPIRES MAR. 01, 2001
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This instrument was aclarowledged before me oa this ~ day of ~~ rC11
2002, by John Schleining as agent of lack Sargent by power of atton~ey
Notary Pu 'c for Oregon
Jackson Ceu~h. 0n9en
DECLARATION - 3 R~cord~d
OFFIf'IAL RECORDS
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COUNTY CLERK