HomeMy WebLinkAboutTwin Creeks Crossing - CC&Rs
Twin Creeks Crossi
Neighborhood
Declaration of Covenants, Conditions and Restrictions for the Twin Creeks
~ossing Neighborhood of Twin Creeks, Transit-Oriented Development Project
City of Central Point, Jackson County, Oregon
Twin Creeks Development LLC, an Oregon limited liability company ("Declarant"), being a
party in interest of all the real property located in the City of Central Point, County of Jackson, State of
Oregon, being a Subdivision known as TWIN CREEKS CROSSING PHASE 1 ("Subdivision") as the
same is particularly described in the recorded Plats for this subdivision on file with the County Clerk of
Jackson County, Oregon, does hereby make the following Declaration of Covenants, Conditions and
Restrictions ("CC&R's") covering the above described real property specifying that this declaration shall
constitute covenants to run with all the land and shall be binding on all persons claiming under them, and
that these Covenants Conditions and Restrictions shall be for the benefit of and shall be limitations upon
all future owners of said real property within Twin Creeks Crossing, Phase 1.
All lots and parcels of real property in the Subdivision, hereafter conveyed, leased, rented, or
occupied shall be subject to the following CC&R's:
I. Twin Creeks Crossing is a "Traditional Neighborhood"
1.1 Traditional_Neishborhoods Have a Variety of Housing_Types. Unlike some typical subdivisions,
Twin Creeks Crossing anticipates a variety of different housing types within the neighborhood,
;~ including large lot homes, standard lot homes, small lot `Charleston' homes and accessory units.
1.2 Traditional Neiehborhoods Don't Wall Peo le Out. Unlike gated subdivisions, Twin Creeks
Crossing is public and a component of the greater community. Its streets, parks, open spaces and
common areas are meant to interconnect with the adjacent neighborhoods.
1.3 Twin Creeks Crossing has an Architectural Vision. Unlike homes in some typical subdivisions,
the homes in Twin Creeks Crossing are required to meet the City of Central Point TOD Design
Development Standards. These standards provide protection for the other homeowners within the
neighborhood; yet allow enough design flexibility to assure variety, interest and personal
expression in the design of homes. The Site and Building Design Development Standards for
single-family dwellings are summarized below.
1.4 Ci of Central Point TOD Site and Buildin Design Development Standards Summary
17.67.070 Building Design Standards
1. All buildings are encouraged to adopt `sustainable design' practices to conserve energy and
resources, with strategies such as natural ventilation, passive heating and cooling, day
lighting, sun-shading devices for solar control, water conservation, appropriate use of
building mass and materials and careful integration of landscape and buildings. (Refer to A.
General Design Requirements I, 4)
2. Attention shall be paid to architectural elements such as building forms and massing, building
height, rooflines and parapet features, window size, orientation and detailing, materials and
color. (Refer to B. Architectural Character l .c)
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3. The primary building entry should orient to the street, or if on a corner lot, orient to either
street or the corner. The main entrance should be prominent, interesting and pedestrian
'`' accessible. A porch, at least 8' wide by 5' deep, covered by a roof supported by columns or
brackets, should be provided. Building elevation changes are encouraged to make a more
prominent entry, with a maximum elevation of not more than half-a-story in height or 6' from
grade whichever is lesser. (Refer to C. Building Entries 3.a -f)
4. The dominant feature of any building frontage visible from a pedestrian street or public open
space shall be the habitable area with its accompanying windows or doors. (Refer D.
Building Facades l.e)
5. All buildings shall be constructed with exterior building materials and finishes that are of
high quality, with all facades along a pedestrian route of suitable durable materials, which are
low maintenance, weather resistant, abrasion resistant and easy to clean. (Refer to D.
Building Facades l .g, h)
6. All visible building facades along or off a pedestrian route, including side or return facades
are to be treated as part of the main building elevation and articulated in the same manner,
with continuity of use of the selected approved materials. (Refer to D. Building Facades l .i)
7. The City will regulate garage setbacks as per D. Building Facades 3.a.1-2
8. All building elevations facing a pedestrian route shall not consist of undifferentiated blank
walls, but shall be articulated with architectural detailing such as windows, dormers, porch
details, balconies or bays. (refer to D. Buildings Facades 3.a.3)
9. Flat roofs in LMR are not permitted. The minimum for sloped roofs is 5:12, and no more than
12:12. All eaves shall overhang building walls at a minimum 12" deep on all sides. (Refer to
E. Roofs 2.a - d)
10. Lighting shall not draw inordinate attention to the building facade. Porch and entry lights are
encouraged, with no exterior lighting exceeding 100 watts per fixture. (Refer to F. Exterior
Building Lighting 2.a - c)
1.5 All home designs must undergo the design review process and are subject to the enforcement
provisions, as described below in Section II.
II. Effect of Declarations; Termination; Amendment
The Properties shall be held, sold and conveyed subject to the provisions, covenants, restrictions
and easements contained in this Declaration. The provisions of this Declaration shall run with the land
and be binding upon all parties having any right, title or interest in the Properties or any part thereof and
shall benefit all persons who are or become Owners of Lots.
The provisions of this Declaration are valid and binding for a period of thirty (30) years from the
date of recording this Declaration in the office of the County Clerk of Jackson County, Oregon, at which
time said provisions shall be automatically extended for successive periods of ten (10) years each unless
seventy percent (70%) or more of the Owners, by an instrument or instruments in writing, duly signed and
acknowledged by them, terminates said provisions insofar as they pertain to residential Lots or Building
Sites, and termination shall become effective upon the filing of such instrument of record in the office of
the County Clerk of Jackson County, Oregon. This Declaration may not be amended without the approval
of the Declarant until after termination of the Development Period as defined herein, and then only by an
instrument properly executed and acknowledged by seventy percent (70%) or more of the Owners, which
amendment shall be recorded in the office of the County Clerk of Jackson County, Oregon. For purposes
of voting under this provision, Owners of Lots will be entitled to one vote for each vote they are entitled
to cast in the Association for a Lot that is subject to this Declaration.
~'~d'
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III. Definitions
The following words, when used in this Declaration or any supplemental declaration (unless the
context indicates otherwise) shall have the following meanings:
a) "DRC" shall mean the Design Review Committee as provided for and established in this
Declaration.
b) "Association" shall mean the Twin Creeks Crossing Common and Open Space Maintenance
Association, an Oregon non-profit corporation.
c) "Board" shall mean the Board of Directors of the Association.
d) "Building Site" shall mean a legal site for the construction of a single family residence and shall
consist of at least (1) one or more residential lots as legally established by the plat of the Property;
or (2) a parcel composed of only a portion of such residential Lots, the area of which parcel shall
not be less than that required for the established use in the district in which it is located.
e) "Common and Open Space Areas" shall mean:
• All the real property (including any improvements thereon) owned by the Association for the
common use and enjoyment of the public; and
~ Those landscaped areas or other community related improvements lying within the street
right of way, utility tracts, or easements over building lots granted to the Association for such
purposes; and which have been landscaped or have had improvements installed by the
Declarant or the Association for the common beautification and enjoyment of the properties.
(Entry signs, mailbox stands, and landscaped entries, detention ponds, street islands, parks
etc. are the type of areas and improvements included herewith.)
f) "Declarant" shall mean Twin Creeks Development Co. L.L.C., an Oregon Limited Liability
Company, and its successors and assigns. The term "successors and assigns" as used in this
definition does not include purchasers from the Declarant (or from its successors and assigns) of
Lots.
g) "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements
of the Twin Creeks Crossing Neighborhood.
h) "Development Period" shall mean the period of time the Declarant or Builders are engaged in the
development or sales of Lots, or activities related thereto, anywhere on the property. The
development period shall end when the Declarant and Builders convey all Approved Lots to
Owners other than the Builders.
i) "Board of Directors" shall mean the Board serving until replacement.
j) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the
Property with the exception of (1) the Common and Open Space Areas; and (2) tracts dedicated to
utility districts and government entities.
k) "Member" shall mean and refer to every person or entity that holds a membership in the
Association. There shall be one membership per Lot that shall be inseparably appurtenant to each
Lot.
1) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of
any Lot and shall include any persons or entities purchasing a Lot pursuant to the terms of a
recorded real estate contract, but said term shall exclude those having an interest in any Lot
merely as security for the performance of an obligation.
m) "Property" or "Properties" shall mean the real property described herein, which is subject to this
Declaration.
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IV. Easements; Rights in Common and Open Space Areas
4.1 Easements. Easements for the installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat, or as recorded elsewhere. Within these easements, no
structure, including such items as patios, barbecues, etc., shall be placed or permitted to remain,
nor shall any activity be permitted within said easements which may damage or interfere with the
installation and maintenance of existing and future utilities, or which may change the direction of
flow or drainage in the easement areas. A utility or drainage facility in the easement area of each
Lot or Building Site shall be maintained continuously by the property Owners who require the
utility or drainage facility except for those improvements for which a public authority or utility
company is responsible. In the case where a utility or drainage facility has to be installed on an
Owner's property in the easement areas herein defined, the cost to install the facility and to restore
the Building Site to its original state prior to installation must be borne by the property Owners
who require the utility or drainage facility. Any and all drainage collected or sufficiently
concentrated to create erosion problems in the opinion of the DRC shall be piped to the nearest
underground public storm sewer line or street gutter at the expense of the property Owner(s) who
requires the drainage facility. If such an installation is required to serve more than one Lot, then
the Owners of each of said Lots served shall pay for such installation and maintenance thereof in
proportional amounts as established by the DRC.
4.2 Cluster Lots. Lots 98 through 102 are considered "Cluster Lots". These cluster Lots will share a
common access to individual driveways. The Lots sharing a common access will share equally in
all maintenance and/or repairs of said access. Such repairs shall be at the mutual consent of a
majority of said Owners. Any Owner who shall have paid his share of the access may bring
action against anon-paying Owner or the Owner's property.
4.3 Lot Owner's Riehts in Common and O en Space Areas. Every Owner shall have a nonexclusive
right to an easement of enjoyment in and to the Common and Open Space Areas owned by the
Association and such easement shall be appurtenant to and shall be conveyed with the title to, or
contract purchaser's interest in, every Lot, even though such easement is not expressly mentioned
or described in the conveyance or other instrument, subject to the following restrictions:
a) The rights of the Association to adopt rules and regulations;
b) The right of the Association to exclusive use and management of said Common and Open Space
Areas for utilities, such as pumps, pipes, wire, conduits, and other utility equipment, supplies and
materials;
c) The rights reserved to the Declarant in the Declaration;
d) The right of the Association to suspend the voting rights and right to use of the Common and
Open Space Areas by any Owner for any period during which any assessment against the Owner's
Lot remains unpaid; and for a period not to exceed one hundred eighty (180) days for any
infraction of the published rules and regulations;
e) The Declarant bears the right to dedicate or transfer all or any part of the Common and Open
Space Areas to any public agency, authority or utility for such purposes.
4.4 Declarant's Rights in Common and Open Space Areas.
a) Reservation of Control. The Declarant shall have and hereby reserves for itself, its successors and
assigns, the right, during the Development Period, to utilize the Common and Open Space Areas
~ for its business use and purposes, including but not limited to uses and purposes related to the
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construction, promotion and development of the Property. Such right shall include the right to
dedicate, transfer or grant easements to any part of the Common and Open Space Areas to any
public agency, authority or utility for purposes not inconsistent with the intended purposes of
such Common and Open Space Areas. The Declarant's rights to dedicate, transfer or grant
easements as referred to above shall be exercised through the Declarant's reserved rights, powers,
and functions as described in Section 9.18 below. The Declarant shall convey and quit claim the
Common and Open Space Areas to the Association, free and clear of encumbrances, and the
control or the management and administration of the Common and Open Space Areas shall then
vest in the Association, subject to the Declarant's aforementioned rights of use.
b) Costs. Until such time as the Common and Open Space Areas shall be conveyed to the
Association, the Declarant shall pay all costs of maintaining and operating the Common and
Open Space Areas. Upon conveyance of the Common and Open Space Areas to the Association,
the Association shall thereafter pay all costs of maintaining and operating the Common and Open
Space Areas.
c) Additional Common and Open Space Areas. If additional adjacent properties shall be subjected to
this Declaration, Common and Open Space Areas located therein shall, in like manner be
conveyed and quit claimed to the Association. If additional adjacent lot owners shall become
members of the Association and additional Common and Open Space Areas are dedicated to the
Association in connection therewith, then all rights and obligations with respect to said additional
Common and Open Space Areas shall inure to the Owners of Properties herein as members of the
Association. The Association shall be responsible for the management, maintenance and
administration of all Common and Open Space Areas conveyed to the Association. Costs of
maintaining and operating Common and Open Space Areas located in additional adjacent
properties shall be covered as provided in paragraph 4.4.b above.
~ V. Design Review Committee
5.1 Desien Review Committee (DRC). There shall be a Design Review Committee (DRC), with the
responsibility and authority to approve or disapprove modifications to the Property, to approve
the construction of improvements on the Property, and to enforce the terms and conditions of this
Declaration as they relate to architectural and use control. The DRC shall consist of three (3)
members. The members of the DRC during the Development Period shall be appointed by the
Declarant and shall serve until the Declarant appoints new members. In the case of the death,
disability or resignation of any member or members of the DRC, the surviving or remaining
member or members shall have full authority to designate a successor or successors. DRC
meetings will be held as needed and minutes of all meetings will be kept and made available to
Association members on request.
The DRC shall have the authority in any individual case to make such exceptions to the building
restrictions and requirements set forth herein as said committee shall, in its uncontrolled
discretion deem necessary or advisable.
If additional Properties are made subject to this Declaration, pursuant to the terms hereof, a
separate DRC may be appointed for each annexed phase of the overall development.
If additional properties, subject to their own declaration of covenants, conditions and restrictions
~ should become members of the Association, the Association may, where practical, combine the
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Design Review Committees created by said separate declarations. The Board of Directors of the
~ Association shall make the decision whether the DRC should be combined with respect to any or
all of the additional properties having become subject to the Association. In the event any two or
more such DRCs are combined, each property shall continue to be governed with respect to its
own declaration of covenants, conditions and restrictions. If additional properties, subject to their
own declaration of covenants, conditions and restrictions, become members of the Association,
then the interpretation and policies adopted with respect to those identical conditions and
restrictions contained in the separate declarations of covenants, conditions and restrictions shall
be the same: and where any dispute may occur, the Board of Directors of the Association shall
decide on the common interpretation or policy to be applied. In the event of either combined
and/or individual DRCs, the vote for each DRC shall be restricted to the properties for which said
DRC is responsible.
5.2 Approval of Plans. All buildings and structures, including concrete or masonry walls, rockeries,
fences, swimming pools, shops, sheds, play structures, gazebos or other structures to be
constructed or modified within the Property shall be approved by the DRC. Complete plans and
specifications of all proposed buildings, structures and exterior alterations, together with detailed
plans showing the proposed location and elevation of the same on the particular Building Site,
shall be submitted to the DRC before construction or alteration is started, and such construction
and alteration shall not be started until written approval thereof is given by the DRC.
The DRC will review submittals as to the quality of workmanship and materials planned and for
conformity and harmony of the external design with existing structures on the said Building Sites,
and as to location of the building with respect to topography, finished grade elevation and
building set back restrictions.
In the event the DRC fails to approve or disapprove such plans and specifications within thirty
(30) days after said plans and specifications have been delivered to it, such approval will not be
required. All plans and specifications for approval by the DRC must be submitted at least ten
(10) days prior to the proposed construction starting date. Two complete sets of said plans and
specifications shall, in each case, be delivered to the DRC. Said plans and specifications shall be
prepared by an architect or a competent house-designer approved by the DRC. All buildings or
structures shall be erected or constructed by a contractor or house builder approved in writing by
the DRC. The maximum height of any residence may be established by the DRC as part of the
plan approval and given in writing together with the approval. One set of approved plans shall be
retained by the DRC and the other returned to the party submitting them.
As to all improvements, constructions and alterations within the Property, the DRC shall have the
right to refuse to approve any design, plan or color for such improvement, construction or
alteration which is not suitable or desirable, in the DRC's opinion, for any reason, aesthetic or
otherwise, and in so passing upon such design the DRC shall have the right to take into
consideration the suitability of the proposed building or other structure, and the material of which
it is to be built, and the exterior color scheme, the site upon which it is proposed to erect the
same, the harmony thereof with the surroundings and the effect or impairment that said structures
will have on the view or outlook of surrounding building sites, and any and all factors, which in
the DRC's opinion shall effect the desirability or suitability of such proposed structure,
improvements or alterations.
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The DRC shall have the right to disapprove the design or installation of a swimming pool or any
other recreational structure or equipment which is not suitable or desirable, in the DRC's opinion,
`' for any reason, aesthetic or otherwise, and in so assin u on such desi n or
P g P g proposed
installation, the DRC shall have the right to take into consideration the visual impact of the
structure and the noise impact of the related activities upon all of the properties located in the
close proximity. Any enclosure or cover used in connection with such a recreational structure or
equipment, whether temporary, collapsible, and/or seasonal shall be treated as a permanent
structure for the purposes of these covenants and shall be subject to all the conditions, restrictions
and requirements as set forth herein for all buildings and structures.
5.3 Building and Landscaping Requirements and Restrictions. The following building and
landscaping restrictions govern the properly and must be adhered to:
a) Any dwelling or structure erected or placed on any Lot or Building Site shall be completed as to
external appearance, including finished painting, within eight (8) months after date of
commencement of construction and shall be connected to an acceptable sewage disposal facility.
All yard landscaping must be completed within six (6) months from the date of completion of the
Building or Structure constructed thereon or within fourteen (14) months from the
commencement of construction, whichever shall occur first. In the event of undue hardship due to
weather conditions an extension of time may be granted upon prior written approval of the DRC.
Should more than six (6) months elapse (not including aduly-granted extension) since the date of
completion or fourteen (14) months elapse (not including aduly-granted extension) since the
beginning of construction of the Building or Structure on any Lot or Building Site, and front yard
landscaping has not been completed, Declarant, at 15-day written notice to the Owner of the Lot
or Site may, at the Owner's expense for cost plus 15%, complete or cause to be completed said
landscaping. Failure by Owner to complete landscaping in a timely manner as described above
'`„ shall also constitute permission by the Owner for Declarant or its agents to enter and remain upon
Owner's property for completion of landscaping.
b) All buildings shall be designed and constructed as per the City of Central Point TOD Zoning
Code and TOD Design Development Standards.
c) All landscaping for any Lot requires written approval from the DRC prior to installation. Areas
along alleys shall be appropriately landscaped in conjunction with the other yard landscaping to
the alley curb.
d) No building or structure shall be erected, constructed or maintained or permitted upon such
residential Lots, except upon a Building Site as herein defined.
e) No building or structure shall be erected, constructed, maintained or permitted upon a Building
Site other than one single family dwelling, for single family occupancy only, not to exceed
building heights as specified in the City of Central Point TOD District Zoning Standards, and a
private garage for not more than three (3) standard sized automobiles or carport for not more than
one (1) standard sized automobile and one accessory dwelling unit. Additional Buildings or
Structures may be permitted on a Lot or Building Site only upon written approval of the DRC
(see 5.2 above).
f) All fences, or boundary walls situated anywhere upon any residential Lot or Building Site must
be approved in writing by the DRC as to its height and design prior to construction. Fences shall
be well constructed of suitable fencing materials and shall not detract from the appearance of the
dwelling house located upon the Lot or Building Site or be offensive to the Owners or occupants
thereof, or detract from the appearance of the dwelling houses located on the adjacent Lots or
Building Sites. Owners hereby agree and shall be obligated to pay one-half the ordinary and
reasonable cost of common fences between abutting properties. Any dispute of this provision
~,, shall be submitted in writing to the DRC for resolution, whose decision shall be made within ten
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(]0) days of submittal, and be final and binding. The finished side of any fence (as approved by
the DRC) that is visible from pedestrian routes or streets shall face the pedestrian routes or street.
The finished side of any such fence shall be a side wherein its best decorative components,
finishes and textures are displayed, and wherein any supporting rails are either not exposed or are
evenly divided as to exposure between the two fence sides. Fences constructed of wire, including
woven cyclone wire types, are strictly prohibited unless individually approved by the DRC for
specific purposes. Per City of Central Point zoning code, no fence shall be more than four (4)
feet in height without a variance being granted by the City of Central Point and written approval
from the DRC. Fences shall not be permitted in any front or side yard between the front or side
facade and the abutting street. Hedges in a front or side yard between the building facade and
abutting street shall not exceed three (3) feet in height. Fences or hedges along an alley must be
set back a minimum often (10) feet from the rear and/or side property line. Hedges or vegetative
screens shall not exceed six (6) feet in height. Landscaping or vegetation shall not violate City of
Central Point sight distance standards.
1. Black vinyl coated chain link fence may be used in rear yards only.
2. All residents of the City of Central Point who desire fencing on their property must obtain
fencing permit from the City of Central Point.
3. All fencing shall be constructed inside the property line. No fencing shall be constructed on
any property line.
g) No trees or shrubs of any type, other than those existing at the time these restrictive covenants are
filed, shall be allowed to grow in height to a point where they shall noticeably and unreasonably
interfere with a view of some significance from another residence. The DRC shall be the sole
judge in deciding whether the view is of some significance and whether there has been such
unreasonable interference. Should the DRC determine that there is an unreasonable interference,
they shall notify the Owner in writing, specifying the nature of the interference, what should be
~' done to eliminate it, and the time by which said interference must be eliminated by the Owner.
h) No lines or wires for the transmission of current, cable television signals, or for telephone use
shall be constructed, placed or permitted thereon unless the same shall be underground or in
conduit attached to a building. Television or satellite dish (39" diameter or less) antenna may be
installed with prior written approval from the DRC as to the location of such facilities. No
housetop radio or other type of antenna shall be erected or placed on any residential site without
the written approval of the DRC. Nor shall any rotary antenna, tower, beam or other similar
device be constructed on any residential site or building without the written approval of the DRC.
i) No poles shall be permitted. Decorative flags that attach to the house or porch, with a pole length
of no more than four (4) feet, are permitted. No front yard flag poles, and no front yard or street
basketball poles and/or backboards will be allowed without written approval of the DRC.
Temporary or portable basketball poles shall be lowered and placed behind a fence when not in
use.
j) Outdoor flood lighting, spot lighting are prohibited without the written consent of the DRC.
Property owner-installed and maintained dusk-to-dawn lighting (lights with photovoltaic sensors
that turn on at dusk and remain lighted until sunrise when they automatically shut off) is
prohibited on residential Lots.
k) Owners may not remove any trees measuring six inches or more at a point measured two feet
above ground level from any portion of the property/lot without the prior approval the DRC.
1) Owners shall not prune or maintain street trees. Maintenance of the street trees is the
responsibility of the Common and Open Space Maintenance Association.
5.4 Use Restrictions. The following use restrictions govern the property and must be adhered to:
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a) No trade, craft, business, profession, commercial or manufacturing enterprise or business or
~ commercial activity of any kind, including day schools, nurseries, or church schools shall be
conducted or carried on upon any residential Lot or Building Site or within any building located
on a residential Lot or Building Site without prior written approval of the DRC and the City of
Central Point according to the TOD District and Corridors Zoning Code, Chapter 17.65. No
goods, equipment, vehicles (including buses, trucks and trailers of any description) or materials or
supplies used in connection with any trade, service, business or personal endeavor, wherever the
same may be conducted, are to be kept, parked, stored, dismantled, or repaired outside on any
residential Lot or Building Site or on any street within the existing property except that the DRC
may, in specific cases, make exceptions to the storage of such items if screened and/or covered in
a manner acceptable to the DRC, nor shall anything be done on any residential Lot or Building
Site which may be or may become an annoyance or nuisance to the Neighborhood.
b) The above restrictions shall not restrict the following:
1. The use of a private office so long as related activities do not create an annoyance or nuisance
to the Neighborhood or the adjoining Owners. The DRC shall be the sole judge as to whether
the activity creates an annoyance or nuisance.
2. The right of any builder of new homes in the area to use any of such homes built as a sales
center for the promotion and marketing of said new homes during the Development Period.
Any such sales center may be used for the Development Period of successive phases of
development of neighboring property subject to the approval of the DRC.
c) No trash, garbage, ashes, or other refuse, junk vehicles, underbrush, or other unsightly growths or
objects, shall be thrown, dumped or allowed to accumulate on any Lot or Building Site or public
street. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment
shall be kept in a clean and sanitary condition. All containers must be screened so as not to be
visible from any street or adjacent properties or residences.
d) No trailer, camper, basement, tent, shack, garage, barn, or other outbuilding or temporary
structure erected or situated within the property shall at any time, be used as a residence,
temporarily or permanently, nor shall any permanent building or structure be used as a residence
until it is completed as to external appearance including finished painting. The permission hereby
granted to erect a permanent garage or other building prior to construction of the main dwelling
house shall not be construed to permit the construction, erection, or maintenance of any building
of any nature whatsoever any time, without the approval required by the DRC.
e) The streets in front of the Lots shall not be used for the overnight parking of any vehicles other
than private family automobiles and shall not be used for the storing of any boats, trailers, camper
vehicles, trucks or other vehicles of any nature. Property owners preparing a recreational vehicle
for departure may park the vehicle not more than 24 hours prior to departing and no more than 24
hours upon returning, directly on the street adjacent their residence. Only one overnight stay is
allowed per departure (24 hour) or arrival (24 hour) period. No recreation vehicle parked in
accordance to this declaration may exceed the designated hours during a consecutive seven-day
period. Construction vehicles owned by the builders and/or their subcontractors shall be exempt
from this section during the construction/development period. Per City of Central Point code, and
as part of these covenants, no parking is allowed along any alley, except on private driveways as
approved by the DRC.
f) Boats, trailers, camper vehicles, trucks, or other vehicles over 6 feet in height (measured from the
bottom of the tire of the trailer) of any nature shall not be stored on any residential Lot or
Building Site. The DRC shall have the right to establish policy, in its sole discretion, with respect
to the temporary storing of any boat, trailer, camper vehicles, trucks, or other vehicles of any
nature on any residential Lot or Building Site. The DRC may change said policy from time to
Twin Creeks Crossing Neighborhood CC&R's 12-15-06
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. ,
time as the conditions warrant and may prohibit such storage unless the same is stored or placed
in a garage or other screened area as approved by the DRC.
g) No live poultry or animals shall be permitted on said property other than songbirds, and not more
than two (2) dogs and two (2) cats as household pets.
h) All mailboxes must be located in those areas so designated by the DRC. Structures containing
such mailboxes must be approved by the DRC.
i) No sign of any kind shall be displayed unless written approval is received from the DRC and
meets the requirements of the City of Central Point TOD Design Development Standards, with
the exception of one (1) temporary real estate "for sale" or one (1) "for rent" sign. One (I) "Open
House" sign per lot may be placed temporarily. The Declarant may install larger signs during the
Development Period for the promotion and marketing of said new homes. The Declarant and/or
Builders of new homes may install one (1) temporary sign until such time as the property is
conveyed to the retail owner. Said signs shall be in good taste and shall be subject to the approval
of the DRC with respect to design, location, and term of installation. All signs to be placed on the
lot they pertain to.
j) No exterior clotheslines are allowed in the front yard.
k) No building or construction materials to be used for future improvements may be stored out of
doors where they may be visible from any street or adjacent properties or residences. The builders
of new homes may store materials in connection with the construction of new homes at locations
approved by the DRC and subject to any reasonable conditions the DRC may establish for the
protection, enjoyment, and general welfare of the community.
I) No woodpiles, for fireplace or other use, may be stored out of doors where they create, in the
opinion of the DRC, an objectionable view from any street or for adjacent property Owners.
m) No children's play areas, including but not limited to sandboxes, swing sets, jungle gym sets, etc.,
~,, may be installed or maintained in a manner such that they are an objectionable feature in the
neighborhood or to adjoining Owners. The DRC will determine whether or not the facility is
objectionable. Approval must be requested prior to installation.
n) No Owner may engage in any obnoxious or offensive activity anywhere upon the Property that
violates the right of any other Owner or resident to his or her right of quiet enjoyment of
Property.
o) All Owners are required to maintain their Lot and any improvements thereon in a good, clean,
attractive condition, order and repair consistent with a high quality development. The DRC may
establish written standards for maintenance that must be followed by all Owners.
p) Owners must keep all trash cans and other trash receptacles out of public view, within an
enclosed or screened area so as not to be visible from any street or Single Family Lot or Cluster
Housing Lot and, otherwise, in location(s) from time to time specified or approved by the DRC.
Owners are responsible to take all appropriate measures to ensure that their trash does not become
litter anywhere in the Property, and the Association hereby is granted the authority, exercisable at
the option of the DRC, to contract with one or more trash collection companies exclusively to
serve some or all of the portions of the property, and the costs thereof may be assessed equitably
among Owners.
VI. Fees
6.1 Attorney Fees and Costs. In the event of any suit, action, or arbitration arising out of this
Declaration, or in the further event suit or action is instituted to enforce any of the covenants,
conditions, or restrictions contained herein, the prevailing party shall be entitled to its reasonable
Twin Creeks Crossing Neighborhood CC&R's 12-15-06
Page ] 0 of 11
attorney fees and costs in such suit, action, or arbitration and shall be entitled to recover from the
losing party such sums as the court may adjudge reasonable as attorney fees in such case, suit or
action in any appeal there from.
6.2 Collection of Fees and Costs. Any fees and/or costs incurred by Declarant under any provision
herein shall be collectible by and through any means authorized by law including, but not limited
to, the placement of a lien upon owner's property in accordance with applicable Oregon Revised
Statutes. This section shall in no way limit the enforcement powers of the Board under Section
9.23, supra.
1N WITNESS WHEREOF, the authorized signor for Declarant herein, has
hereunto set his hand and seal this day of 20
DECLARANT:
TWIN CREEKS DEVELOPMENT CO., LLC
An Oregon Limited Liability Company.
By:
Bret A. Moore, Manager
STATE OF OREGON )
~ )SS.
COUNTY OF JACKSON )
The foregoing instrument was acknowledged before me this day of
20_, by as authorized signor for Twin Creeks Development
Co., LLC
An Oregon Limited Liability Company.
NOTARY PUBLIC FOR OREGON
My Commission Expires
Twin Creeks Crossing Neighborhood CC&R's 12-15-06
Page 11 of 11
OCT-05-2008 22 50 AMERITITLE MEDFDRD P.10
'ti
,,.
DECLARATION 0[- RR3fRICTIV6 CONBNANY'd
~+'7-QS087
WB9'C PLNE VLi.1.A
PART A. pRBM1BL6
Daalnxation of restrictive covenants, conditions and agreananta aE[eeting the real
property kn~am as goat pine Villa, as the aama apDeeca oa the maP and plat thereof,
raanrded in book lu, paQa 4A, o! thsn~C~~ers and owneretofosaidareal proparty~togbe/
for the express puruose of causing P the benefits of the Polloaing restrictive conditions,
aubjnci to and enabling them to enioy
covenants ctd vtehintaaid snbdivisien. era hereby made a part of ell o! the eoveyancas of
reel props Y _
l10H, •~~~BpORR, wa tho undersigned, N. A, Mead anddaclrre elha describndarealnpr.oparty
owners of the above described real psouarty, do hereby
;s bald and shall ba bald, conveyed, released and oceuptsd subiact to the Collowing
easawents, xeetxiat~iot~i~~ire,ssucc~sor~ ~ndnasaiag°rase batvesn them and the purahasere
oY said property
PART B. nit4IDBIlTi'-1' AREA ~VRNAtn3 - NO lot shall be used except Eor. residential pvrposss.
N ~ P ittad to rewain an any lot other than
No building shall be erected, altaxenot to exceed two stores in height and a private
one dataclwsd single-family dwelling
gsrnge Lor not scare than two ears.
BAY D5oi6LnLN0 aheesand gar aa~O1smhatllnoc be loaa than~I.000tsquare leatrEoriasone-
ons~atory pa P~
story dwelling, nor. lase than 1,000 sgnara Peet for a dwelling of more than one-e ory.
g-; BOILOLB(1 LOCATION In anY avant no building shall be located on any lot nearer
buildingfehall bshlocatsd naaxarnthanr9 EeatrtahanyZintsriorolotyline~ except that•no~
side yard shall bm r. squired for a garage or other permitted accessory building loaatad _
40 feet sore from the niniwum boilcling setback line. Fox the purpose of this covenant,
saves, steps, and open porahas shall not be considered as a part of a building, provided ~
havavex, that this shell not be construed to permit any portion o! a building, on a lot
to encroach upon another lot. (Iaclude any exceptions by lot nuaber and parnittsd satniaum.)
B-q LOT ~~ AND WIIrfN - Ao dialling elwll be erected or plaaad on any lot having
bawsreckad orsplaaad on an~ytlet having a~areaiofilss~tl~ank61000 squareafeet~.y duelling
p.4 6A9)pllRlfB - Easas+snts fox installation and maintenance o! utilities and drainage
facilities are nsarvrd as shorn nn the recorded plat.
A-d BUILOINOS - '•'~ building of anY type shall be noved onto any lot ox lots, without
the written nonaant of the subdivider..
p.7 Np19ANC6'4 - No obnoxious or offensive activity shall be car. ried on upon any
lot. nor shall anything be done thiraon whtrucksyand/ox traibe~~ othsrnsisiilar typo
nuisance io the neighborhood. No egging entl u any of said lots or on
vahials shall ba parked eitMx temporarily ar penman Y P~
any o[ the strtets in the auhdLvisien.
PART C. OP.t4nRAL pROViSIONS
C-1 17iRMB . •Clasee covenants era to run with the land and shall ba binding upon all
parties and all persona claiming under them Lor a period of twenty-five years from the
dots those covenants era recorded, niter. which ties said covanante shall ba automatically
thanngmsrsrof thealote ly,,m~psanfrecorded, ngraeing to char gansaid c~m-anantaminowiwleof
ox in part.
~., •..
r
`r ~ ~
OCT-05-2008 22 50
~'ti.
~•
AMERITITLE MEDFORD
67-05Q6'7
Cameral Provisions, li~eat Pins Villa Page 2
C-Y gNPORC14~1RJtf - Rnloressutnt ohsll be by nroeaedings at la,+ or in equity against
any pexaon or l+arsane violating or attesq~tin$ to violate cry covnant either to rsatrain
violation or to recover dae~sgee.
C-3 8BV6BABILIT7C .Invalidation o! any one o! thane covenants by 1udB~nt or court
order shall in no wisn a!leet any o! the other lnrovieiona which shall remain is lull
Corse and e!loct.
All o! LM provarty heralnalter. mde subject to thane eovensmta line within the
plat o! blast Pine Villa, which plat is recorded 1n book 10, Pegs Afi, o! the record o!
sown plate o! 3aekeon County. orsgon.
IN fJITNH9N 1i111ptRA@', „e have hereunto sat our heads and awls this loth day o!
Deoembar, 196b.
. •... ,
.Uil'hSQN C:i;,il i Y. UACCQt!
e~:coaota-Mete
~~~.~°~v
~~ SAY ~ b1H f 155
E. ~<:.::hAr
BY ,.~
cSIIALI
F~%%
~, ~D plc ,~ :P cssAL>
ac n ,S. a
P. 11
TOTAL P. 11