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HomeMy WebLinkAboutPear Tree Estates - CC&Rs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES THIS DECLARATION is made and executed in Jackson County, Oregon, this day of December, 2005, by JIM GOVERNOR and BECKY GOVERNOR, hereafter referred to as "DECLARANT". Declarant is the owner of the following described real property located in Jackson County, State of Oregon. The real property is described on Exhibit "A" which is attached. Declarant declares that the PEAR TREE ESTATES, shall be held and conveyed subject to the easements, conditions, covenants and restrictions hereafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property. These covenants, conditions and restrictions shall constitute covenants to run with the r..~ land and shall be binding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit of and be limitations upon all future owners of the property or any interest therein. "Declarant" shall and mean and refer to fhe undersigned and their successors, heirs and assigns. "Lot" shall mean and refer to the lots described on the subdivision plan for PEAR TREE ESTATES, Jackson County, Oregon. "Owner' shall mean and refer to the record owner, whether one or more persons or entities, of any or any part of the property or any lot in the PEAR TREE ESTATES. In the case of a sale under a contract, owner shall mean the contract purchaser. "Property" shall mean and refer to the real property described in this Declaration which is also known as the PEAR TREE ESTATES. USE RESTRICTIONS The following restrictions shall be applicable to the real property and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein. Every owner, by acceptance of a deed or contract for purchase, whether or not it shall be so expressed in the deed or other conveyance or agreement for conveyance is deemed to covenant and agree as follows: 1-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES 1. M~N~MUMAREA. All dwellings shall be not less than one thousand five hundred `r (1, 500) square feet. Variations to dwelling sizes maybe required or permitted by the Architectural Review Committee. 2. BUILDING HEIGHT. No dwelling (or improvement) shall be constructed on any lot other than one detached single family dwelling not to exceed two stories in height, or twenty- eight (28) feet in height measured from the curb at the center of each lot, whichever is less. 3. GARAGE. No dwelling shall be constructed on any lot unless it has a private garage for not less than two cars. 4. EXTERIOR WALLS AND TRIMS. Horizontal lap siding is allowed and encouraged. Brick, stone or rock accents are required on all front elevations. A minimum of forty (40) square feet of brick, stone or rock accent shall be required on all front elevations. T-111 siding or other siding is allowed on all sites with the exception of the front elevation. Exterior colors and roof colors must harmonize with the surrounding colors. All colors are subjecf to approval by the Committee. All reflective metal, such as chimney stacks, flashings, exhaust vents and pipes, must be painted to match or blend with surrounding materials. Steel window frames and door frames must be painted to match or blend with surrounding materials. All colors are subject to approval by the Committee. 5. ROOFS. Tile, 25 year composition roofs or equally heavy composition roofs are allowed. Approved colors are black, charcoal or similar dark colors. All roofs shall have heavy `,, ridge caps. Roof colors shall be approved in writing by the Committee. 6. CHIMNEYS. All exterior chimneys must be of wood, brick, stone or metal. Chimneys must be of such a color as to blend in esthetically with the residence and will be subject to approval by the Committee. 7. ACCESSORY OUTBUILDINGS. No accessory outbuildings (e. g. garages or sheds) shall be erected on any lot prior to the erection of a dwelling. In no event shall any temporary structure or trailer or tent ever be used for human occupancy or habitation. Only such guest houses or se-vant's quarters as maybe approved in writing by the committee as an accessory outbuilding maybe used for human occupancy or habitation. Unattached accessory buildings maybe constructed only as maybe approved in writing by the Committee. 8. COMPLETION OF CONSTRUCTION. Construction of any improvement, once commenced, shall be pursued diligently to completion. 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 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 within thirty (30) days from the Declarant posting a notice to commence such work upon the property and mailing a copy of such notice to the owner at the address appearing on the Jackson County, Oregon Recorder's Office. Such notice shall state the steps to be taken to eliminate the nuisance. `„ The Declarant nor any of the agents, employees or contractors shall be liable for any damage which may result from any maintenance work as performed, nor shall the Declarant, or any of their agents or employees, be liable for any failure to exercise the right to also maintain any lot. 2 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES 9. PROHIBITION AGAINST USED STRUCTURES AND PRE-MANUFACTURED HOMES. No used, existing or previously constructed buildings or structures (manufactured homes) intended for use as a dwelling or outbuilding, shall be placed on any lot from the date of recording this Declaration. No modular, manufactured or mobile homes will be permitted on any lot. 10. MAINTENANCE OF LOTS. All lots, whether vacant or improved, occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly, unsanitary, or a hazard to health. If not so maintained, the Declarant shall have the right , after giving thirty (30) days written notice to undertake such work as maybe necessary and desirable to remedy the unsightly, unsanitary, or hazardous condition, the cost of which shall be paid by the owner of said lot. The Committee has sole discretion as to what is unsightly or unsanitary. Neither the Declarant nor any of its agents, employees or contractors shall be liable for any damage which may result from any maintenance work as performed nor shall the Declarant or any of its agents or employees be liable for any failure to exercise the right to also maintain any lot. 11. DISPOSAL OF SANITARY WASTE. All permanent plumbing fixtures, dishwashers, toilets or garbage disposal systems shall be connected to the sanitary sewer system installed in strict compliance with all state and county rules, laws and regulations. 12. FENCES. A// fences must receive prior written approval from the Architectural Review Committee. 13. NU-SANCES. No noxious or offensive activities or nuisances shall be permitted on any lot in PEAR TREE ESTATES. No refuse, unsightly or abandoned vehicles, debris, noxious material, discarded personal effects, construction materials not for immediate use, compost materials or similar matter shall be permitted on any lot or portion thereof. It is incumbent upon all property owners to maintain their lots and yards in a neat, orderly and well-groomed manner, whether said lots are vacant or improved. 14. SIGNS AND LOT NUMBERS. Other than during construction of a house, no sign, billboard or advertising structure of any kind maybe displayed on any lot or parcel except upon application to and receipt of written permission from the Committee. The Committee shall not unreasonably withhold permission with respect to signs advertising a lot for sale. One sign, identifying the contractor during construction or advertising a home for sale, is permitted. Subcontractor and material person signs are prohibited. Contractor signs must be removed upon completion of construction or when lot has sold. Signs not meeting the standards and other specifications set forth herein, or as approved by the Committee will be removed from the premises where displayed. Exceptions to the above criteria maybe granted by the Committee upon application. No other signs shall be permitted except as specified in this section. 15. ANIMALS. No animals shall be kept or maintained on any lot except the usual household pets not kept for commercial purposes, which shall be kept reasonably confined so as not to become a nuisance. Household pets shall not unreasonably interfere with the '` comfort, privacy or safety of other owners within the community. No dogs that have a known propensity, tendency or dispositions to attack without provocation or otherwise endanger the safety of persons and domestic animals (an example is a pit bull) are allowed. 3 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES 16. GARBAGE AND REFUSE DISPOSAL. There shall be no exterior burning of trash, `- garbage or other like household refuse without a permit from the Committee, nor shall any owner accumulate junked or unsightly vehicles, or litter, refuse or garbage, except in receptacles provided for such purposes. 17. CONCEALMENT OF TRASH RECEPTACLES. Every receptacle for ashes , trash, rubbish or garbage shall be installed underground or be so placed and kept as not to be visible from any street, lot or area within the PEAR TREE ESTATES except at the times when refuse collections are made. 18. ANTENNAS-SATELLITE DISHES. Television antennas, satellite dishes and antennas for shortwave or ham radio installations will not be installed on any lot without express written permission from the Committee. The sole exception are small satellite dishes which do not exceed an eighteen (18) inch diameter. An example is an RCA 18" dish. 19. AUTOMOBILES. TRAVEL TRAILERS. MOTOR HOMES AND BOAT STORAGE. NO automobile, travel trailer, motor home, recreational vehicle (RV) house trailer, boat or boat trailer or other type of trailer shall be parked within the PEAR TREE ESTATES for more than five (5) days in a thirty (30) day consecutive period, unless kept within a fully enclosed roofed garage, carport or behind side yard fence. 20. LIMITED ACCESS. There shall be no access to any lot except from designated street or roads as shown on recorded maps of PEAR TREE ESTATES. 21. RESUBDIVISION OR JOINDER OF LOTS. No lot shall be further subdivided nor shall there be any severance of the surface or subsurface rights. The owner of two (2) or more contiguous lots may apply to the Committee for permission to use such lots as the site of a single dwelling. Notwithstanding such permission, said lots shall remain as separate lots for all purposes. 22. UTILITY LINES. All utility lines and connections within PEAR TREE ESTATES shall be placed underground. 21. NO COMMERCIAL ENTERPRISE. No business or commercial enterprise shall be performed or conducted upon any lot or within any dwelling or outbuilding within PEAR TREE ESTATES, except for a home business as allowed under Jackson County and Oregon law. 22. TEMPORARY STRUCTURES. No temporary structure of any form or type shall be permitted on any lot except during construction of a specific unit on that lot or parcel and as approved by the Committee. 23. PEACEFUL ENJOYMENT. No use on any lot or structure within PEAR TREE ESTATES shall annoy or adversely affect the use, value, occupation and enjoyment of adjoining property in the general neighborhood. Final determination within these bounds shall be left to the discretion of the Committee. 24. EXCAVATION. No excavation for minerals, stone, gravel or earth shall be made upon any lot other than excavation for necessary construction purposes relating to main 4 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES ~ dwelling units, retaining walls, outbuildings and pools, and for the purpose of contouring, shaping and landscaping or in the erection of permitted fencing generally improving the lot. 25. CERTIFICATE OF OCCUPANCY. A Certificate of Occupancy or its equivalent must be issued by the appropriate governing building department prior to occupancy of any dwelling unit. 26. CLOTHESLINES. No clothesline shall be constructed or erected which would be visible from any street, common area or other lot. 27. FIREARMS. No one shall be allowed to discharge firearms on the property. 28. NO COMMERCIAL LEASING. No owner of any lot shall participate in any plan or scheme for the rental of the improvements on such lot, nor shall any such lot be operated as a commercial venture. Nothing contained in this paragraph shall prevent an owner of a lot from renting the lot and improvements thereon during periods of such owner's absence. 29. EXTER/OR LIGHTING. Outdoor lighting is restricted. All outdoor lighting shall be focused and shielded for the purpose of protecting, as far as practical, any outdoor lighting from intruding upon any neighboring property. THE ARCHITECTURAL CONTROL COMMITTEE ~"'" 1. GENERAL PowERS . All improvements constructed or placed on any lot must first have the written approval of the Committee. Such approval shall be granted only after written application has been made to the Committee in the manner and form prescribed by it. In the event a lot owner desires to redecorate the exterior of any existing structure, it shall only be necessary to submit the proposed color scheme to the Committee for its approval. Remodeling or adding to existing structures or making structural or architectural changes shall require the lot owner to submit complete plans therefore to the Committee as in the case of erecting new structures. Failure of the Committee to comment on any application, properly submitted, within forty-five (45) days of receipt by the Committee at its office shall be deemed approval of such application by the Committee. The Committee shall have the power to render decisions on such other matters as are referred to the Committee under this declaration. Application for such decisions and the renderings thereof to be in accordance with such rules and regulations as may from time to time be adopted by the Committee. Committee comments with respect to any applications must be strictly followed. if requested by the Committee, applications must be resubmitted to the Committee, in which case the Committee shall have forty-five (45) days after the resubmission to comment thereon. 2. COMMITTEE MEMBERSHIP. The Committee will consist of Jim Governor, Becky Governor and Stan Harris, their, his successors or assigns. ;~ 3. GROUNDS FOR DISAPPROVAL. The Committee may disapprove any application: a. if such application does not comply with this Declaration; 5 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES b. Because of the reasonable dissatisfaction of the Committee with grading, location of the proposed improvement on the lot, finished ground elevation, color scheme, exterior finish, design, proportions, architecture, shape, height or style of the proposed improvement, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon, or for purely aesthetical reasons. 4. RULES AND REGULATIONS. The Committee may from time to time adopt written rules and regulations of general application governing its procedures and approval criteria, which may include, among other things, provisions for the form and content of application; required number of copies of plans and specifications; provisions for notice of approval or disapproval, and various approval criteria. Copies of such rules sha/1, if adopted, be available to each buyer of a lot or parcel within PEAR TREE ESTATES at the time of close of escrow and shall be maintained at the office of the Committee. 5. VARIANCES. The Committee may grant reasonable variances or adjustments from the provisions of this Declaration where literal application thereof result in unnecessary hardship and if the granting hereof in the opinion of the Committee will not be materially detrimental or injurious to owners of other lots. 6. CERTIFICATION OF COMPLIANCE. At any time prior to completion of construction of an improvement, the Committee may require a certification upon such form as it shall furnish from the contractor, owner or a licensed surveyor that such improvement does not violate any ~- setback rule, ordinance or statute, nor encroach upon any easement or right-of--way of record and/or that all construction is in strict compliance with plans approved by the Committee. 7. LIABILITY. Notwithstanding the approval by the Committee of plans and specifications, neither it, the Declarant nor any person acting in behalf of any of them shall be responsible in any way for any defects in any plans or specifications or other material submitted to the Committee, nor for any defects in any work done pursuant (hereto. Each person submitting such plans or specifications shall be solely responsible for the sufficiency thereof, and the adequacy of improvements constructed pursuant thereto. No member of the Committee shall be held liable to any person, whether an owner of a lot within PEAR TREE ESTATES or not, on account of any action or decision of the Committee or failure of the Committee to take any action or make any decision. 8. PRINCIPAL oFF~cE. The principal office of the Committee shall be at 463 Robert Trent Jones Blvd, Eagle Point, Oregon 97524, or at such other address as the Committee shall notify the public of in writing from time to time. 9. ENFORCEMENT. In the event any improvement shall be commenced without Committee approval as herein required, or in the event any improvement is constructed not in conformance with plans therefore approved by the Committee, the same shall constitute a violation of this Declaration. In addition to the remedies for violation of any portions of this Declaration, the Committee shall also have the power and authority to institute legal or other ~ appropriate provisions of this section, provided, however, that no suit or other proceeding shall be commenced by the Committee after the expiration of sixty (60) days from such violation coming to the attention of the Committee in writing. All costs of litigation, including attorney 6 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES fees, shall be charged to and paid by the defendant if the Committee prevails. Such charges shall constitute a lien on such property owner's lot from the date of entry of the judgment there in the judgment docket, and shall be enforceable as any judgment. In the event the Committee is not successful, each party shall pay its own costs and attorney fees. 10. SOLE JUDGE -INTERPRETATION. The Architectural Control Committee's decision on any matter within its jurisdiction shall be final and binding on the parties in the absence of fraud, bad faith or the Committee's failure to exercise honest judgment. The Declarant's or committee's interpretation of any te-m, covenant, condition or restriction shall be final and conclusive in the absence of fraud, bad faith or failure to exercise honest judgment. GENERAL PROVISIONS 1. Any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on any part of said property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. ~'' 3. The covenants, conditions and restrictions shall run with and bind the land, and shall inure to the beneht of and be enforceable by the owner of any lot or inferest in the property subject to these covenants, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each. Any of the covenants and restrictions of this Declaration maybe amended by an instrument signed by a majority (more than fifty percent) of the owners. All such amendments shall be recorded in the appropriate Deed Records of Jackson County, Oregon to be effective. 4. Nothing contained in this Declaration, or in any form of deed which maybe used by Declarant, or its successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 5. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, and the owner or owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions and charges herein contained shall in no event be deemed a waiver of the right to do so. 6. Any or all rights, powers and reservations or Declarant herein contained may be assigned, and upon such, the assignee shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. 7 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES 7. The invalidation of any 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. IN WITNESS WHEREOF, the undersigned has executed this Declaration this day of December, 2005. JIM GOVERNOR, DECLARANT BECKY GOVERNOR, DECLARANT STATE OF OREGON ) )ss. County of Jackson ) On this day of December, 2005, before me personally appeared J1M GOVERNOR, DECLARANT and acknowledged the foregoing instrument to be his voluntary act and deed. STATE OF OREGON ) )ss. County of Jackson ) Notary Public for Oregon My Commission Expires: On this day of December, 2005, before me personally appeared BECKY GOVERNOR, DECLARANT and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Commission Expires: 8 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PEAR TREE ESTATES