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HomeMy WebLinkAboutSan Ignacio Place - CC&Rs DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is made in Jackson County, Oregon, this ~ day of February, 2006, by the undersigned ("Declarants"), the owners of SAN IGNACIO PLACE PUD ("the PUD") in the City of Central Point, Oregon, a planned unit development. RECITALS Declarants own, as of the date of execution of this Declaration, all of the real property and improvements where the PUD is located, described in Exhibit "A" attached hereto and made a part hereof. Declarants intend to develop the PUD in two (2) phases. There will be no more than 12 lots. The first phase (Phase 1) will include seven lots. This Declaration in general, and the Covenants, Conditions, and Restrictions ("CC&R's") it contains, run with the land, and bind all persons or entities claiming ownership or other interests in the property hereafter, until at least 2016, and may thereafter continue as set forth in Section 10.4 below. The foregoing recitals are an integral part of this Declaration, and the Property is subject to these recitals as well as to the following: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 1 ARTICLE 1 DEFINITIONS 1.1 Architectural Review Committee or "ARC" is the committee constituted and acting pursuant to Article 6 of this Declaration. 1.2 Declaration means the present document, including the CC&R's, and all other provisions set forth in this Declaration, and any amendments hereto in the future. 1.3 Declarants are Myles Comstock and Jeremy Richmond. 1.4 Home means and refers to any portion of a structure that is situated on a Lot, and that is designed and intended for use and occupancy as a residence. 1.5 Improvement means any structure (including a Home, as well as other types of structures), fences, driveways, patios, irrigation systems, landscaping, and any other thing built on or made a part of a Lot, but does not include the plantings in a garden or bed, or the trees on a Lot. "Landscaping" in the sense of the location and size of gardens and lawns, and the location or design of water features, is within the definition of improvement. 1.6 Lot means and refers to each and any of Lots 1 - 12 in the PUD. 1.7 Plat means and refers to the Plat of San Ignacio Place PUD, recorded '` in the Plat Records of Jackson County, Oregon, including both phases. 1.8 City means the City of Central Point, Oregon. 1.9 Owner means the holder of legal or equitable title to a Lot, but does not include those who hold title merely for purposes of securing an obligation (e.g., mortgagees, trustees or beneficiaries of trust deeds, and holders of liens); and also does not include persons whose title is merely to an easement, or an estate or tenancy for less than life. 1.10 Occupant means one who occupies a Home or possesses a Lot. If that Occupant is not an Owner, the Occupant must also have the permission of the Owner (i. e., be a tenant or lessee), and such possession or occupation must be in accordance with Section 4.1 below. 1.11 This Declaration, to the fullest extent possible, will be construed so as to be consistent with the definitions used in the 2005 Oregon Residential Specialty Code, and in City ordinances, and the City's definitions of terms relating to construction and development will be applied to this Declaration, unless this Declaration contains a special definition of a particular term relating to construction and development, in which case the special definition will apply. In DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 2 cases that may arise in the future, when it is necessary to define terms in relation to City codes or ordinances, the City's then-current definitions will apply; in other words, when present City definitions are amended or superceded, the new definitions will be used. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Development. The development of the PUD is subject to this Declaration, as to the holding, transferring, selling, conveying, and occupying of property in the PUD. 2.2 Common Area. Declarants do not intend for there to be any common area in the PUD, in the sense of an area accessible to all residents in the PUD that would be administered by a homeowners' association or similar body. There will, however, be a common landscape area as described in Exhibit "B" attached hereto. 2.3 No Right to Annex Additional Property or to Withdraw Property. Declarants will not annex additional property to, or withdraw property from the PUD. ARTICLE 3 LOTS AND HOMES 3.1 Residential Use. Lots may be. used only for Homes and structures appurtenant to Homes. Owners or Occupants of a Home may engage in any activity allowed by the City of Central Point in the single-family residential zone that applies to the PUD. If, in the future, a question arises as to whether a use is "residential," the City's residential zoning ordinance then in effect for the PUD will control. 3.2 Construction and Completion. Construction of Homes and appurtenant structures must be completed within eight months after ARC approval of plans and specifications. "Completion" means obtaining final approval from the City. 3.2.1 Licensed Contractors. All construction must be performed by contractors or subcontractors with current Oregon licenses appropriate for the job. 3.2.2 Construction Standards. Architectural and other standards for construction are set forth in Section 6 below. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 3 3.3 Landscaping. This Section 3.3, regarding landscaping, applies to Lots with finished Homes being held for sale, as well as to other Lots. 3.3.1 Each Owner other than a Declarant must obtain the ARC's prior approval of all plans for landscaping improvements which would be visible from a street in the PUD, before commencing installation of any such improvements. Landscaping improvements for all portions of the Lot (not just portions visible from a street) must begin within four months after final building inspection by the City, and must be completed within six months after such inspection. 3.3.2 Irrigation. Owners must pay when due the water charges for irrigation of the Owner's Lot where landscaping is installed; an Owner, as part of a rental agreement, may delegate responsibility for paying water charges to an Occupant. 3.3.3 Common Landscape Area. Within four months from the completion of construction of a residence upon a Lot, the Owners must plant and maintain the common landscape area in accordance with the common area landscape plan described in Exhibit "B." 3.3.4 Within 12 months after the purchase of a Lot from one of the Declarants, or within 30 days after completion of the construction of a Home upon a Lot (whichever is first), the Owner, at the Owner's expense, must cause sidewalks to be built along the front lot line and, if applicable, the side lot line of a corner lot, in conformity with standards established by the City. 3.3.5 If plantings on any Lot have died or are dying because the Occupant neglected to properly care for and irrigate the plants, or because of other harm to the plants caused by such Occupant, the Owner must replace the plantings at the Owner's expense within a reasonable time (e.g., if trees die in August, they should be replaced by the end of the following March). 3.3.6 To avoid damage to underground utilities, no digging is allowed without prior written approval by the ARC (except digging associated with ordinary gardening activity with simple hand tools such as a shovel, spade, or similar implements). 3.4 Maintenance of Lots and Homes. Each Owner must maintain the Owner's Lot, and all improvements thereon, in a clean and attractive condition, in good repair, and in such fashion as not to create a fire hazard. Maintenance will include, without limitation, keeping windows, doors, garage doors, walks, patios, chimneys, and other exterior improvements and glass surfaces, and landscape areas, in good order and repair. Repainting or restaining, and exterior remodeling, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 4 ~,, will be subject to prior review and approval by the ARC. Each Owner must repair damage caused to the Owner's home or Lot by fire, flood, storm, earthquake, riot, vandalism, or other causes, within a reasonable period. Each Owner is responsible for adequate weed and pest suppression on his or her Lot. 3.5 Manufactured Homes. No so-called manufactured housing or mobile homes are allowed in the PUD. 3.6 Two-Story Home Limitation. On Lots 5 through 9, the construction of residential dwellings in excess of one story is prohibited. 3.7 Satellite dishes and antennae may not be installed so as to be visible from a street in the PUD. 3.8 There will be no spas on swimming pools on any side of a Home facing a street. This includes inflated or stand-alone pools, and hot tubs. _ 3.9 No invasive outdoor lighting within the PUD is allowed. All outdoor lights must be shielded from point source glare, and must not be directed toward adjacent parcels. All overheard or other area lighting must be shielded to case a downward glare. ARTICLE 4 USE RESTRICTIONS 4.1 Rental of Homes. An Owner may rent or lease his or her home or a portion thereof, but only if the following conditions are met: (a) Written Rental Agreements Required. The Owner and the Occupant must have a written rental or lease agreement, which must specify that: (i) the Occupant is subject to all provisions of this Declaration; and (ii) a failure to comply with any provision of this Declaration is a default under the rental or lease agreement. (b) Minimum Rental Period. The period of the rental or lease must not be less than month-to-month. (c) Tenant Must be Given Documents. The Owner must give the Occupants a copy of this Declaration; this may be accomplished by giving the head of the oli use~ior act copy, hi~a~~ o~ r~ul~i~l~ man le-fioirre: 4.2 Animals. An Occupant may keep a reasonable number of household pets. Such animals as domestic dogs and cats, or other species that are generally understood to be domesticated, are allowed, but wolf-hybrid dogs, and dogs commonly known as "pit bulls," are not allowed. No wild mammals may be kept '+~. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 5 ~, as pets. Chickens, water fowl, animals commonly known as farm animals, and animals with hooves, are not allowed. No reptiles may be kept as pets unless they are confined inside a house at all times (e.g., pet turtles or lizards may be kept inside). Keeping, breeding, or raising pets for commercial purposes is not allowed. Pet owners must promptly remove from the PUD any pet that is not reasonably controlled or that is a nuisance, or that disturbs the peace, or injures or damages persons, or property. 4.3 Vehicles. 4.3.1 Excessively noisy vehicles are not permitted in the PUD; thus, vehicle owners must maintain adequate mufflers on all vehicles. 4.3.2 If an Occupant's vehicle drips oil, grease, or gasoline in the PUD, the vehicle must promptly be repaired. 4.3.3 Occupants may wash or wax passenger vehicles in their own driveways, but maintenance or repair work (including changing oil on vehicles) is not permitted except inside garages. 4.3.4 Occupants may not permit any vehicle that is inoperable, or is not currently licensed, to be parked on any street or driveway in the PUD at any time. A vehicle is deemed to be "inoperable" when it will not move under its own power. 4.3.5 Occupants may not permit any boats, trailers, mobile homes, campers, \•- and other recreational vehicles or equipment, regardless of weight, to be parked on any streets on or adjacent to the PUD at any time or for any reason, except for loading or unloading. Such vehicles must be kept behind asight-obstructing fence or other screen. 4.4 Temporary Structures. No structure of a temporary character; or any trailer, camper, or motor home; or tent, shack, garage; or any outbuilding may be used on any Lot as a residence, either temporarily or permanently. 4.5 Signs. No signs shall be erected or maintained on any Lot, except that one "For Sale" or "For Rent" sign, placed by the Owner or by a licensed real estate agent, maybe temporarily displayed on a Lot. Also, signs advertising a so-called "yard sale" or "garage sale" may be temporarily displayed on a lot. The restrictions contained in this Section 4.5 do not prohibit the temporary placement of political campaign signs on any Lot by the Occupant, so long as such signs are removed within three days after the election day pertaining to the subject of the sign. Likewise, real estate and yard- or garage-sale signs must be removed within three days after the sale. 4.6 Fuels for Stoves and Fireplaces. Fuels for stoves and fireplaces DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 6 must be stored or piled so as not to be visible from the street front. 4.7 Rubbish and Trash. Occupants must store all garbage, refuse, and other waste in sanitary trash receptacles with tight-fitting lids; such receptacles must be kept so as not to be visible from the street or adjacent homes, except when set out the day before they are to be picked up by a sanitation company. ARTICLE 5 SPECIAL DECLARANT RIGHTS 5.1 Easement. Declarants reserve an easement or easements across all Lots for whatever ingress and egress they need to Lots, in order to facilitate development or building in the PUD. Rights to such easements will be liberally construed in Declarants' favor in order to allow such development. 5.2 Sales Office. Declarants are entitled to maintain a sales office and model on one or more Lots. Declarants, their representatives and prospective purchasers, may park automobiles in order to use and occupy the sales office and models. 5.3 Signage. Declarants and their agents may install and maintain a reasonable number of "For Sale" signs at reasonable locations in the PUD. ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE 6.1 Architectural Review. Purpose. This Article's purpose is to achieve an overall high level of quality and character of improvements in the PUD. The ARC, applying the standards set forth below, will review and approve or reject plans and specifications for improvements, for purposes of trying to make each Lot attractive in relation to the PUD as a whole, and trying to prevent improvements on any particular Lot that may impair the value of other Lots. To this end, the ARC may consider exterior design; building products and colors; placement of outdoor activity areas such as patios, decks, and spas; placement of outdoor HVAC units; the location of driveways and parking areas; landscaping design and the like, applying the standards stated below, and subject to the limitations on its scope of review in this Declaration. By acting or failing to act, however, the ARC and the members of the ARC do not warrant, claim, or represent in any way that by acting or failing to act, the ARC or its members will achieve its purposes, or that any DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 7 failure of the ARC to act will result in a frustration of these purposes. The ARC has substantial discretion in all it does or does not do with respect to improvements. Moreover, the following matters are not part of the ARC's authority or review process: (a) Interiors of structures are not part of the ARC's authority or review process. (b) The ARC is not responsible for determining compliance with structure and building codes, solar ordinances, zoning codes, or other governmental regulations. Compliance with these is the Owner's responsibility. (c) Notwithstanding the expansive definition of "improvement" to include landscaping in Sec. 1.5 above, the ARC will not review, and Owners are not required to submit plans and specifications for, such minor items as the types of plants that will be planted in gardens or flower beds (e.g., rose bushes versus petunias), and the ARC will likewise not review landscape plans for areas not visible from streets in the PUD. 6.2 Architectural Review Process. An Owner or Occupant (hereinafter, either of these is referred to for the sake of convenience as an "Owner"), before beginning any improvement, or beginning exterior remodeling, repainting, or redesigning, or alteration of an existing improvement, must submit plans ~' (including a site plan and building plans) and specifications therefor to the ARC. The plans and specifications should provide appropriate details as to the nature, shape, heights, materials, colors, and proposed location of the proposed improvement or change to an existing improvement. The ARC will review and, as appropriate, comment, object to, or approve the submitted plans or specifications. ARC comments may be oral or written, but any objection by the ARC to submitted plans and specifications must be in writing and delivered to the submitting Owner. 6.3 Composition of the ARC. 6.3.1 For so long as either Declarant is an Owner as to any Lot, Declarant Myles Comstock ("the Developer") will be the sole member of the ARC, and will remain as such until neither Declarant holds title to any Lot (including title as a mortgagee or trust deed beneficiary). 6.3.2 Lot Owners as ARC. When the Developer is no longer the ARC, the ARC will consist of representatives of the Owners of all the Lots ("Lot Representatives"). If a Lot has only one Owner, that person will be the Lot Representative for that Lot. If a Lot has more than one Owner (e.g., when a married couple owns a Lot), the multiple owners of the Lot in question will select DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 8 ~, from among themselves a single Lot Representative, following whatever selection process they deem appropriate. If an Owner owns more than one Lot, that Owner is entitled to as many votes as the number of Lots owned. Thus, for voting purposes, one Lot equals one vote. 6.4 ARC Procedure. The procedures and specific requirements for review and approval of construction by the ARC are as follows: 6.4.1 When the Developer is the ARC. For so long as the Developer is the sole member of the ARC, the following procedure will govern for purposes of obtaining ARC consent: (a) The Developer will review the submitted plans and specifications, and may offer comments, or written objections, as to particular matters of concern in such plans and specifications; (b) The Developer shall have 30 days after submission of plans and specifications, within which to deliver any objections to the Owner; (c) In case of objection by the Developer: (i) The Owner will have 20 days following the Developer's delivery of the objection to re-submit to the Developer altered plans and specifications that fairly meet the objection; (ii) The Developer will have ten days thereafter to review the altered plans ~, and specifications, and to deliver any further written objection, if necessary; and (iii) The Developer and the Owner will then have an additional ten days within which to finally resolve their differences. If the Developer once again delivers written objection to the Owner, within this time, the Developer's decision will be final and binding as the decision of the ARC, denying the proposed improvement. (d) If the Developer does not object within the 30-day period described in Sec. 6.4.1(b) above, or within the second 30-day period in Sec. 6.4.1(c) above, as the case may be, the proposed improvement is deemed to have ARC approval, without any further requirement of action by the Developer. 6.4.2 ARC after Developer. When the ARC consists of Lot Representatives, as set forth above, the following procedures apply: (a) An Owner proposing an improvement on the Owner's Lot (hereinafter such an Owner is referred to as the "Applicant Owner") will, before beginning any improvement, deliver written plans and specifications therefor to the Lot Representatives for the other Lots not owned by the Owner (it is these Lot Representatives who are hereinafter referred to as "Lot Representatives," because DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 9 ~,, an Owner of more than one Lot is not entitled to act as an ARC member with regard to his or her own plans). (b) Each Lot Representative will have 25 days from receipt of the plans and specifications, within which to determine whether or not to object to the plans. Within such 25-day period, a Lot Representative with an objection to the plans and specifications must deliver a written statement of such objection to the Applicant Owner. The objection need not be specific, so long as it makes clear that the Lot Representative does not approve of the plans and specifications. (c) Iftwo-thirds (2/3) of the Lot Representatives deliver written objections to the Applicant Owner, then the Applicant Owner, within five days thereafter, must deliver written notification to all of the Lot Representatives, to the effect that two-thirds (2/3) of the Lot Representatives have objections. (d) The Lot Representatives have no later than 20 days after delivery of notice of such objections from the Applicant Owner within which to meet to discuss and consider the objections. At this meeting: (i) All Lot Representatives are entitled to attend (other Owners may also attend, but only Lot Representatives may vote); and (ii) A majority of a quorum present (see 6.5.1 below) is sufficient to decide whether or not the ARC as a body disapproves of the proposed improvement, or ~ approves the plans and specifications in question. (e) In case of disapproval following a meeting, the ARC must deliver its decision in writing to the Applicant Owner, within five days following the meeting. The decision must specify the basis for the disapproval. (f) Iftwo-thirds (2/3) of Lot Representatives do not object to the plans and specifications in question, within the 25-day period set forth above, or if the Lot Representatives fail to act within the 20-day period for the ARC to meet and vote as set forth above, then the proposed improvement is deemed to have ARC approval without any further notice or action, either on the part of the ARC or the Applicant Owner. This includes failure of the ARC to act due to failure to have a quorum or failure to vote. (g) Nothing herein will preclude the ARC from modifying the deadlines for action, as long as the Applicant Owner consents to such modification in writing, and delivers such consent to a person duly designated by the ARC as its agent for dealing with the Applicant Owner. (h) The Applicant Owner is deemed to have delivered plans and specifications under Sec. 6.4.2(a), or any notice or other communication to Lot DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 10 '~., Representatives, if the Applicant Owner deposits in the mail, by certified mail, with postage prepaid, and with return receipt requested, the papers in question, addressed to the Owner of each Lot, at the Owner's address as shown in the records of the Jackson County Assessor for purposes of delivering tax statements. In cases when a Lot has multiple Owners, the Owner to whom such mailing is addressed need not be the Lot Representative for these Owners; they are responsible for communicating among themselves and with their own Lot Representative, if such Representative is not the person listed at the Assessor's office. The Applicant Owner must, in any such communication, designate an address to which notices and communications may be delivered to the Applicant Owner. Delivery is deemed complete when the paper in question is so deposited in the mail. (i) When the ARC consists of Lot Representatives, its decisions with regard to an Applicant Owner's proposed improvements are final, unless based on fraud, bad faith, or a failure to exercise honest judgment. 6.4.3 No construction or installation of improvements may begin until the Owner proposing such improvements obtains ARC approval. 6.5 Quorum. 6.5.1 For ARC meetings, when the ARC consists of Lot Representatives, a ~ quorum will be a majority of the Lot Representatives (not the two-thirds super majority required to trigger the meeting under Sec. 6.4.2(c) - (d) above). 6.5.2 Robert's Rules. The Lot Representatives shall use meeting procedures set forth in Roberts Rules of Order, including procedures to appoint the person who will conduct any meeting. Voting will be by secret ballot, in writing. 6.6 Nonwaiver. Consent by the ARC to any matter proposed to it or within its jurisdiction shall not be deemed to constitute precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 6.7 Architectural Standards. In addition to complying with City requirements for the zone within which the PUD lies, as set forth above, Owners must meet standards as set forth below: 6.7.1 Roofs of Homes must: (a) Be constructed with at least twenty-five (25) year architectural composition materials; (b) Have no less than six (6) and twelve (12) pitches; and (c) Not be made of wooden materials such as shakes or shingles. "`.. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 11 ~.- 6.7.2 Lap siding is encouraged on all faces of buildings, and is required on sides of buildings facing streets. 6.7.3 Window sizes, configuration, and placement will be with consideration for a pleasing appearance from the exterior. Vinyl frames are allowed. Frame colors and grid designs require ARC approval. 6.7.4 Masonry veneers, including materials and placement, require ARC approval. 6.7.5 Driveways must be paved. Exposed aggregate is encouraged for driveways. 6.7.6 All permanent and temporary fences require ARC approval. Fences must be well constructed and maintained, not detract from the appearance of other improvements located upon a Lot, and not detract from the appearance of improvements located on adjacent Lots. 6.7.7 With regard to paint, stain, and colors in general, all buildings, fences, and railings must be finished, refinished, and well maintained in exterior colors approved by the ARC, so as to achieve basic harmony with the rest of the PUD. Thus, Owners will submit all proposed exterior colors to the ARC for approval. The Developer may develop a palette of approved colors for use in the PUD. ~ 6.7.9 For landscaping: (a) Each Owner, to enhance the beauty of the PUD, will plant and maintain at least half the unimproved area of each Lot (including all of the front yard facing the street) as lawn; the other half of the unimproved area of the space will be planted with shrubs, trees, or other plant materials, and covered with good quality bark mulch. Yards visible from streets in the PUD must be landscaped to be reasonably compatible with existing landscaping in the PUD. Rock accents will be allowed, but may not exceed ten percent (10%) of the total landscape area. (b) Lawns and any other landscaping within 35 feet of the outside edge of street curbs will have underground sprinkler and watering systems. 6.8 Determination of Compliance. The ARC (i. e., the Developer or, as the case may be, the Lot Representatives after a meeting with a majority vote of a quorum of Lot Representatives present), may appoint an agent to inspect, from time to time, all improvements over which the ARC has authority, and determine whether the improvement is in substantial compliance with the approval granted. If, upon such inspection, the agent finds that the work was not performed in substantial conformance with the approval granted, or if the agent finds that the approval required was not obtained, the ARC may ratify or reject the finding. If DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 12 ~ the ARC consists of Lot Representatives, the decision of this question will be by majority vote of a quorum present, ratify the finding in question. In case of such a ratification, the ARC shall notify the Owner in writing of the noncompliance, specifying the particulars of noncompliance and requiring the Owner to remedy the noncompliance within such time as the ARC may determine to be reasonable. 6.9 Declarants and Successor Exempt from ARC. The Declarants are exempt from the requirement to submit and have their own plans and specifications approved by the ARC, and they may convey this exemption to any of their successors in interest. 6.10 Liability. Neither the ARC nor any member thereof may be liable to any Owner, Occupant, Contractor or Agent of an Owner or Occupant for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act of the ARC or a member thereof, provided only that the ARC, when consisting of Lot Representatives, has acted in good faith, without fraud, and in the exercise of honest judgment. 6.11 Estoppel Certificate. Any Owner may record a certificate in the Official Records of Jackson County, to the effect that as of the date of such certificate: (a) all improvements made or done upon the Owner's Lot comply with ~ all standards and approvals required in this Declaration, or (b) If any improvement does not so comply, the certificate will identify the noncomplying improvement and set forth in particular the nature of such noncompliance. The Owner's successor in interest, heirs, devisees, and assigns are entitled to rely on this certificate with respect to the matters set forth therein. Absent fraud, the certificate will be conclusive as among the Declarants, the ARC, Owners of Lots, and all other persons with any interest in the PUD. ARTICLE 7 ENFORCEMENT 7.1 Generally. Any Owner, a mortgagee or beneficiary of any trust deed for a Lot, the ARC, or either Declarant, may enforce this Declaration and the CC & R's by civil action, for any appropriate legal or equitable relief, but such relief with respect to the ARC and its members, for actions or failures to act in their capacity as ARC members, is limited as set forth in 7.2 below. In particular, and without limiting the availability of other relief, such relief may include an injunction to compel compliance with Article 6 above. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 13 ~r 7.2 Nonliability of ARC. In the case of an improvement approved by the ARC, the review of whether that improvement complies with the architectural and other standards set forth in 6.7 above, is limited to the scope of review of ARC decisionmaking in Article 6; that is, Lot Representatives' decisions are reviewable or subject to challenge only in case of fraud, bad faith, or failure to exercise honest judgment, and the Developer's decisions with regard to compliance with such standards are not reviewable or subject to challenge at all. The scope of relief available to any person bringing such a challenge is limited to injunctive relief, requiring an Owner to correct the problem, if any, and requiring whatever ARC action may be necessary in connection with such correction. In no event will any person be entitled to recover money damages from the ARC or any of its members in connection with any claim that the ARC failed to act when it should have acted, or that it failed to property apply the standards in Article 6, or that it followed improper procedures. 7.2 Attorney Fees. In any civil action, the prevailing party is entitled to recover, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal, and in any alternative dispute resolution such as arbitration. ARTICLE 8 CONFLICTS/CITY NOT RESPONSIBLE FOR ENFORCEMENT OF CC&R'S If any of the provisions of this Declaration conflict with applicable statutes, ordinances, rules, or regulations of any governmental agency or political subdivision with jurisdiction over the PUD, and the restrictions in this Declaration are more strict, these restrictions control. If the restrictions in this Declaration are less strict, then the applicable statutes, ordinances, rules, and regulations control. In the absence of a specific City ordinance or policy to the contrary, Owners and Occupants should not expect the City to be responsible for enforcement of the standards in Article 6 of the CC&R's in particular, or this Declaration in general. They should, however, expect the City to enforce its own ordinances, codes, rules, and regulations. /// DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 14 ARTICLE 9 MISCELLANEOUS In addition to the foregoing: 9.1 Binding Effect. As stated in the Recitals above, the CC & R's contained herein, and this Declaration in general, binds and inures to the benefit of all Owners of all Lots within the PUD. 9.2 Nonwaiver. Failure by any person or entity with rights under this Declaration to enforce any such rights, or any CC & R provision, shall in no event be deemed a waiver of entitlement to such enforcement thereafter. 9.3 Severability. Invalidation of any part of this Declaration does not affect any of the other provisions, which remain in full force and effect. 9.4 Duration. This Declaration runs with the land, and binds all parties until December 31, 2016, at which time said Declaration is automatically extended for successive periods of ten years, unless an instrument changing this declaration and signed by all of the Owners of at least nine of the Lots in the PUD has been recorded prior to the applicable expiration date. 9.5 Nonliability for Certain Conditions. Declarants may not be held liable under any claims for damages of whatsoever nature, resulting from the condition of soils, soil compaction or drainage, or any other matter, fact, or thing related to this Declaration in general, or the CC & R's in particular. Owners, and any agent, contractor, engineer, or employee on behalf of an Owner, acknowledge and agree that they, and not Declarants, are responsible to determine that construction of any structure on a Lot is compatible with the soils on such Lot, that all foundations are appropriate for the nature of such soils, and that soil, soil compaction, and drainage are suitable for the construction of any structure, including a Home. 9.6 General Disclaimer of Warranties. San Ignacio Place PUD, Myles Comstock, Jeremy Richmond, and their agents, representatives, assigns, and attorneys, disclaim all liability, including but not limited to warranty, contract, strict liability, negligence, or otherwise from any and all claims, known or not known, arising out of or connected with the sale of any Lot. This disclaimer includes, but is not limited to, claims arising out of soil compaction, or drainage, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 15 for any Lot in the PUD. The Owner of a Lot ASSUMES ALL RISKS regarding the suitability of a Lot for residential purposes. ~`~.- Dated this ~ day of February, 2006 DECLARANTS y es omstoc STATE OF OREGON ) ss County of Jackson ) re ichmond The foregoing instrument was acknowledged before me this Cs day of February, 2006, by Myles Comstock, Owner of San Ignacio Place PUD. '~`~~~ OFFICIAL SEAL J ANNALEE LOVE ,' NOTARY PUBLIC -OREGON COPAPAISSION NO. 376553 MY COMMISSION EXPIRES JAN. 26,20Q8 STATE OF OREGON ) ss County of Jackson ) Notary Public for Oregon My Commission Expires: ~ ^ a~-~~ The foregoing instrument was acknowledged before me this ~ day of February, 2006, by Jeremy Richmond, Owner of San Ignacio Place PUD. OFFICIAL SEAL ' Ai~IPlALEE LOVE ~~ f C Ma >SSIONI N0~376~53 6AY COMMISSION EXPIRES JAN.28,20iX3 Notary Public for Oregon My Commission Expires: I ~ ~ b ' 0 ~ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SAN IGNACIO PLACE PUD -PAGE 16 Dick Thierolf - 04221 ext 1-2 legal.pdf TELEPHONE 541.772-2782 JAMES E HIBSS, PLS L. J. FRIAR AND ASSOCIATE: CONSULTING LAND SURVEYORS 816 WEST 8TH STREET MEDFORD, OREGON 97501 LEGAL DESCRIPTION FAX 541-nz-846s Ijtriar~chartar.net Commencing at the Northeast corner of Donation Land Claim No. 66, Township 37 South, ounty, Ranqe along the West, center center line 00°01'90" East, point Document Official Records of Jackson County, Oregon and the t Cue ooi nt of begl nni nq ; thence 313 a3'bng Northeast st, Southeast st, Southeast t No. Official Records; thence along the South line there of, North 89°58'03" West, 320.50 hence feet line, h North line described in Document No. 02-25711, said Official R ecords; thence along said North line to beginning. EXTERIOR OF SAN IGNACIO PLACE, PHASES 1 & 2 372W10DA TL'S 6500 & 6600 Miles Comstock 04-221 February 6, 2006 PA~E~ Page 1 I~ . e -- ~e: ~ ~~~~ s ~~ ~ ~ : ~~~ ~ 1 ~~ .~ ~~ ~ ~ "'." ~ ~. i '_ ~ a ~~ x ~~ ~ ~~<~ ~" = A a a a aR~ Q ~F~~ ~~ SNOWY BUTTE ~~ a xp~ L i~ ~~~ 1 ___l ~E~: O2 SAN IGNACIO. PLACE Harley Engineering & Associates, Inc. o,,;~„; ~ a~~ PLANNED UNIT DEVELOPMENT CHiC1~D: ~1'T 9V: ~_ ~ P.O. BO% ; E35 FX I--1 I R I T R _ I A A 11"1 C~ A R C D I A f~ 1 NmF01i0~ piECON 97501-OOEJ li R