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HomeMy WebLinkAboutBluegrass Downs Phase 1 - CC&Rs~/"~ Jackson County Official Records 2005-000945 V/r R-DR Cnt=1 stn=6 HELMANC[A110612005 01:53:46 PM ` $so.oo s5 0o s11.oo Total:$106.00 01082404200500009450180185 I. Hathleen S. Bcck ctt. County CIerF for Jackson County, Oregon, certiFj that the instrument identiried herein was recorded in the CIerM records. Kathleen S. Beckett -County Clerk DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS BLUEGRASS DOWNS, PHASE I ~~ JACKSON COUNTY, OREGON s // THIS DECLARATION made on the date hereinafter set forth by the undersigned: WHEREAS, the undersigned is the Owner of that certain real property in the County of Jackson, State of Oregon, hereinafter referred to as "Said Property", more particularly described as follows: Bluegrass Downs Phase I as platted in Book ~, Page ~ Plat Records of Jackson County, Oregon. NOW THEREFORE, the undersigned hereby declare that all of Said Property is and shall beheld, sold and conveyed upon and subject to the conditions, covenants, restrictions, reservations and easements hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, livability and aesthetic quality of Said Property. These conditions, covenants, restrictions, reservations, and easements constitute covenants to run with the land and shall be binding upon all present and future Owners of the property and interests therein: BLUEGRASS DOWNS CC&R'S -Page 1 of 16 1. DEFINITIONS ``. The following words when used in the Declaration shall have the following meanings: 1.1 "Said Property" shall mean and refer to the certain real property hereinbefore described. 1.2 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of Said Property and to any parcel of Said Property under one Ownership consisting of a portion of one or more of such Lots and/or contiguous portions of two or more contiguous Lots and upon which a dwelling has been constructed or occupied. 1.3 "Owner" shall mean and refer to the record Owner (including contract sellers), whether one or more persons or entities, of all or any part of Said Property, excluding those having such interest merely as security for the performance of an obligation. On matters relating to these Conditions, Covenants and Restrictions requiring a vote, there shall be one vote per Lot. 1.4 "Building Site" shall mean and refer to a Lot, or to any parcel of Said Property under one Ownership which consists of a portion of one of such Lots or contiguous portions of two or more contiguous Lots if a building is constructed thereon. 1.5 "Dwelling Unit" shall mean and refer to that portion of any structure intended to be occupied by one family as a dwelling under applicable zoning and building laws and restrictions. V BLUEGRASS DOWNS CC&R'S -Page 2 of 16 1.6 "Set Back" means the minimum distance between the Dwelling Unit or other `.- structure referred to and a street or road or Lot line. 1.7 "Declarant" shall mean and refer to Duncan Development, LLC, an Oregon limited liability company. 2. USE OF LAND 2.1 No building or structure shall be created, constructed, maintained or permitted upon Said Property except upon a Building Site as hereinabove defined, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than asingle-family detached Dwelling Unit, except appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, and of permanent construction, may be erected within the building limits hereinafter set forth. ~ 3. BUILDING COMPLETION 3.1 All buildings shall be completed and painted within twelve (12) months from the time construction thereof is commenced. 4. ARCHITECTURAL CONTROL 4.1 No building, including incidental out buildings, structures, improvements, obstructions, ornaments, fences, walls, hedges, or landscaping shall be erected, placed or altered on Said Property, until the construction plans, specifications and plans showing location of structure and location of any trees to be removed have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and location with respect to topography and finished grade elevation and view '~ BLUEGRASS DOWNS CC&R'S -Page 3 of 16 3~ obstruction and conformance to the approved grading and drainage plan. The `- building plans to be submitted shall consist of one complete set of plans and specifications in the usual form showing insofar as appropriate, (1) the size and dimensions of the improvements, (2) the exterior design, (3) approximate exterior color scheme, (4) location of improvements on the Lot, including Set Backs, driveway, and parking areas, (5) location of existing trees to be removed, (6) fencing plans and (7) professionally prepared landscaping plans. These plans and specifications shall be left with the Committee unti160 days after notice of completion has been received by the Committee ("Holding Period"). This is for the purpose of determining whether, after an inspection by the Committee, the improvement complies substantially with the plans and specifications submitted. In the event that the Committee shall determine that such improvements do not comply with such plans and specifications, it shall notify the property Owner in writing within the Holding Period, whereupon the property Owner shall, within a reasonable time, either remove such improvements or alter them so that they will comply with such plans and specifications. During the Holding Period, plans will be held in confidence by the Architectural Control Committee and will be returned to Owner at termination of Holding Period. 4.2 The initial membership of the Committee shall be: Mike Duncan, Ed Hanson, Mollie Choate and Dan Park, AIA. The initial committee shall serve for a period of one (1) year from the recording date of the final subdivision plat of Bluegrass Downs, or until house plans have been approved for each lot, whichever occurs first. Architectural Control Committee approval requires acceptance by two BLUEGRASS DOWNS CC&R'S -Page/4~of 16 or more members of the Architectural Control Committee. When the term of the '`., initial Architectural Control Committee is completed, new members of the Architectural Control Committee will be designated from "Owners" in Bluegrass Downs. 4.3 The Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining member or members shall have full authority to designate a successor. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time, two- thirds of the then record Owners of the Lots shall have the power by a duly recorded written instrument to change the membership of the Committee, dissolve the Committee or restore to it any of its powers and duties. 4.4 The Committee's approval or disapproval, as required in these covenants, shall be in writing. In the event the Committee, or its designated representatives, fail to approve or disapprove within 30 days after plans and specifications have been submitted to it or, in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, it shall be presumed that approval has been given and the related covenants shall be deemed to have been fully complied with. 4.5 Declarant, or its successors, assume no responsibility by virtue of approving any plans for the improvement, construction or alteration of any structure hereunder. BLUEGRASS DOWNS CC&R'S -Page 5 of 16 4.6 It shall be the desire and intent of Declarant to prevent adjacent houses from ~,, being constructed alike in exterior style, so as to avoid a "tract" appearance. 4.7 It shall be the duty of the Owner or occupant of any Building Site to maintain in proper condition the area between the property line of said Building Site and the nearest curb or improved street, including public or private sidewalks within said area. Lot owners are to keep weeds mowed and debris removed from vacant lots prior to and during home construction. 5. DWELLING UNIT CONSTRUCTION 5.1 No building may be erected on any of the said Building Sites unless it contains a minimum of 2,000 square feet of floor area, exclusive of open porches, garages, garden houses and other appurtenances. In the case of a two-story dwelling, the lower or ground level shall not be less than 1,200 square feet. 5.2 All exterior walls shall be of double wall construction with siding such as stucco, Hardiplank, or materials approved by the Architectural Control Committee. All chimney chases shall be made of masonry or stucco materials and shall consist of earth tones, which shall be approved by the Architectural Control Committee. Exterior stain or paint colors shall be approved by the Architectural Control Committee. Windows shall be out of wood frame construction, vinyl, or other materials approved by the Architectural Control Committee. All Dwelling Units shall have a double car garage or larger. All roofing materials are to be consistent with those specified in Exhibit "A" to this document. All flashing and roof vents must be painted. Roofing material ridge vents may be used. No roof pitch shall be less than 7/12 pitch. The Architectural Control Committee must approve roofing BLUEGRASS DOWNS CC&R'S -Page 6 of 16 (~ ~ colors. Roof soffit overhangs must be enclosed. Front elevation must include a ~ minimum of thirty-five percent (35%) masonry. 5.3 Setbacks: No dwelling shall be nearer than 22 feet from the front Lot line; five (5) feet from the side Lot line; nor 15 feet from the rear Lot line. Notwithstanding the previous restrictions, no garage entry shall be nearer than 22 feet from any Lot line, nor shall any dwelling be nearer than 10 feet from any street. The Architectural Control Committee may grant variances to the Setbacks when the requested variance conforms to municipal standards, and, in the judgment of the Architectural Control Committee, meets the intent of the Declaration of Conditions, Covenants and Restrictions for Bluegrass Downs. Setbacks must be in accordance with City of Central Point Ordinance 17.20 "R-1 Residential Single- Family District". 6. EXISTING TREES/STREET TREES 6.1 Every attempt shall be made to preserve existing trees. No trees of diameter greater than asix-inch base may be removed without approval of the Architectural Control Committee. 6.2 Street trees shall be continually maintained by Owners, including necessary watering, weeding, pruning and replacement, for a full growing season following planting, or as may be required by the City of Central Point. Street trees are to be installed per City of Central Point Tree "Ordinance 1821",which amends Central Point Municipal Code Title 12 relating to trees and was adopted by City Council on Apri130, 2001. Ordinance 1821 took effect on May 31, 2001. BLUEGRASS DOWNS CC&R'S -Page 7 of 16 ~~ 7. HEDGES, FENCES AND WALLS '`,, 7.1 No shrubs, trees or bushes shall be allowed to grow to a height which unduly restricts the view from adjoining property. The Architectural Control Committee, at its discretion, after an investigation, may require any offending shrub, tree or bush to be pruned, trimmed or removed. 7.2 Fences shall be consistent with the Fence Design Plan attached hereto, marked Exhibit "B", and incorporated in the Declaration of Conditions, Covenants and Restrictions for Bluegrass Downs. All wooden fencing shall be stained by owners with clear cedar transparent stain. Each building site owner to pay one half of the material and labor cost for the installation of fencing per Exhibit "B", along common lot lines with adjoining owners. 7.3 No hedge, fence hedge wall, boundary wall, retaining wall or similar structure shall be erected or maintained between any front Setback line of any Building Site and any street line serving as a boundary line for such Building Site, unless approval of the Committee as to material, form, size and color is first obtained. 7.4 The brick wall located on the westerly portion of lot 15 and lots 38 through 45 is a decorative wall only and not structural. There is to be no backfilling or weight bearing application against this wall. Property owners in violation of these restrictions will be financially responsible for damage to the wall due to said violation. BLUEGRASS DOWNS CC&R'S -Page 8 of 16 S- 8. LANDSCAPING ~,, 8.1 All landscape plans are to be professionally prepared and submitted to the Architectural Control Committee for approval prior to installation. All front yard landscaping must be completed within ninety days from the date of completion notice for the residence constructed thereon. All front yard landscaping must include two deciduous trees one and one-half inches in diameter at the base. All landscaping must comply with the Standards and Specifications set forth by the City of Central Point. 9. SIDEWALKS 9.1 Purchaser of Building Sites shall install, at purchaser's cost, concrete sidewalks to city standards along either the front property line, the rear property line and/or the side property line, whichever is appropriate. 9.2 Purchaser of any and all Building Sites shall install, at purchaser's cost, concrete driveways from the edge of the finished surface of the public street to the property line and a concrete driveway from the property line to connect with the concrete surface of the floor of the garage. 10. EASEMENTS 10.1 Said Property shall be subject to mutual and reciprocal easements as shown on recorded plat. 11. PROPERTY USE RESTRICTIONS 11.1 Unless written approval is first obtained from the Architectural Control Committee, no sign of any kind shall be displayed to public view on any building or Dwelling Unit on Said Property except one professional sign of not more than five BLUEGRASS DOWNS CC&R'S -Page 9 of 16 ~~ square feet advertising the property for sale or rent, or a sign used by the builder to advertise the property during the construction and sales period, which sign can also be no more than five square feet. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the builder or its agent may post a "sold" sign for a reasonable period following a sale. 11.2 No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of Said Property, except dogs, cats or other household pets provided that such household pets are not kept, bred or maintained for any commercial purpose or do not become a nuisance. In no event shall the number of cats, dogs or other household pets exceed the number allowed by the City of Central Point or other governing entity. 11.3 No part of Said Property shall be used or maintained as a dumping ground ~~, for rubbish, trash, garbage, or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall be screened from public view. 11.4 No noxious or offensive activity or noxious or offensive or unsightly conditions shall be permitted upon any part of Said Property, nor shall anything be done thereof which may be or become an annoyance or nuisance to the neighborhood. BLUEGRASS DOWNS CC&R'S -Page 10 of 16 /b - 11.5 No trailer, camper truck, motor home, tent, garage, barn, shack, or other ``.. outbuilding shall at any time be used as a residence temporarily or permanently on any part of Said Property. 11.6 No boats, trailers, trucks (except pickups), campers ortruck-campers and like equipment, or junk cars or other unsightly or inoperable vehicles shall be allowed on any part of Said Property nor on public ways adjacent thereto, excepting only within the confines of an enclosed garage or screen of a recreational vehicle (R~ parking area, and no portion of same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written approval by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved by the Architectural Control Committee. 11.7 No exterior antennas, or aerials, shall be permitted. A Satellite Dish may be ~ allowed, if it can be situated on the Lot so as not to be visible from any other Lot or roadway in or around the subject Lot. Approval for a Satellite Dish must be obtained from the Architectural Control Committee prior to its installation. 11.8 No outdoor overhead wire or service drop for the distribution of electric. energy or for telecommunication purposes nor any pole, tower, or other structure, supporting said outdoor overhead wires, shall be erected, placed or maintained within Said Property. All purchasers of Building Sites, their heirs, successors and assigns shall use underground service wires to connect their Dwelling Units to the underground electric or telephone utility facilities. BLUEGRASS DOWNS CC&R'S -Page 11 of 16 / J~ 11.9 No outbuildings, lean-tos, sheds, pool houses, wood storage facilities, and/or `„ equipment storage facilities shall be constructed upon the Lot without prior written approval from the Architectural Control Committee. 12. OTHER BUILDINGS 12.1 A designated real estate company may be granted the right to construct and maintain a sales office upon suitable site on Said Property during the period of construction and sale of all of the Dwelling Units to be built in the subdivision. 12.2 Builders are permitted to erect temporary or portable sheds as tool houses and for other uses common to residential construction and to maintain them until each structure is finished. Such temporary sheds shall be free at all times from debris and unsightly trash or equipment. 13. ASSESSMENTS ~ 13.1 The Architectural Control Committee shall maintain or provide for the maintenance of common landscaping areas, i.e., entry monuments and entry landscaping at Gebhard Road and Bluegrass Drive and Rabun Way, within or contiguous to Bluegrass Downs. In this connection, the Architectural Control Committee shall have the authority to do all things reasonably necessary to these objects, including but not limited to right of access along easements provided. The City of Central Point has accepted all responsibility for compliance with Wetland Mitigation Permit Number FP-31045 to include maintenance of subject Wetland area adjacent to the City park. BLUEGRASS DOWNS CC&R'S -Page 12 of 16 ~2 13.2 Each Owner and each vendee of any Lot, whether or not it shall be so `+ expressed in any deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Architectural Control Committee, annual or other regular periodic assessments or charges as established by the Architectural Control Committee. The assessments, together with interest thereon and costs of collection thereof, as herein provided, shall be a charge on the Lot and shall be a continuing lien upon the property against which each such assessment is made. In addition to running with the land, and not in lieu of it, each such assessment, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the person or entity that was the Owner of such property at the time such assessment became due. The obligation shall remain a lien upon the Lot until paid or foreclosed, and runs with the land. 13.3 The initial regular annual assessment shall be $150.00 for each lot. The maximum regular annual assessment shall be $400.00 for each Lot subject thereto, unless a higher assessment is approved by a majority of the record Owners of Lots who return ballots to the Architectural Control Committee under rules established by the Architectural Control Committee. 13.4 Annual assessments must be fixed at a uniform rate for all Lots and may be collected on an appropriate basis at the discretion of the Architectural Control Committee. If the Architectural Control Committee has any unused assessments at the end of any fiscal year, it may, in its sole discretion, elect to distribute such funds to Lot Owners in proportion to the assessments made to the Lots during the same fiscal year. `„ r' BLUEGRASS DOWNS CC&R'S -Page 13 of 16 13- 13.5 The annual assessments provided for herein shall commence as to all Lots on January 1, 2005. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Architectural Control Committee. The Architectural Control Committee shall, upon demand at any reasonable time, furnish a certificate in writing signed by a member of the Architectural Control Committee setting forth whether the assessments on a specific Lot have been paid. A reasonable charge may be made by the Architectural Control Committee for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment herein stated to have been paid. 13.6 Any assessments that are not paid when due shall be delinquent. If the assessment is not paid within 30 days after the due date, the assessment shall become delinquent and bear interest from the date of delinquency at the rate of 12% per interest per annum. Upon delinquency, and at any time thereafter, the Architectural Control Committee may file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson County, Oregon, a statement of the amount of any such charges or assessments, together with interest, which have become delinquent with respect to any Lot. Upon payment in full, the Architectural Control Committee shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessments, together with interest, costs, expenses and reasonable attorney fees for the filing and enforcement thereof, including at trial and appeal, shall constitute a lien on the Lot with respect to which it is fixed, including any improvement thereon, from the date the notice of delinquency thereof is filed in the office of said Director of Records or BLUEGRASS DOWNS CC&R'S -Page 14 of 16 fy, County Clerk or other appropriate recording office, until the same has been paid or released as herein provided. Such lien may be enforced by any two members of the Architectural Control Committee in the manner provided by law with respect to such obligations and liens upon real property. In addition to and not in lieu of the lien against the real property to which any unpaid assessment relates, the Owner of said Lot at the time said assessment becomes due shall be personally liable for the expenses, costs, disbursements and attorney fees which shall also be secured by said lien. The Owner at the time such assessment is incurred shall also be personally liable for any deficiency remaining unpaid after any foreclosure on the lien. 14. DURATION 14.1 These conditions, covenants, restrictions and reservations shall remain in effect for a period of 10 years from the date they are recorded, after which time they f`, shall be automatically extended for subsequent period of 10 years, unless the Owners of said Lots, by a majority vote, agree to change said covenants in whole or part. 14.2 Invalidation of any one of these covenants by judgment of court order shall not affect any of the other covenants, which shall remain in full force and effect. IN WITNESS WHEREOF, THE UNDERSIGNED HAS CAUSED THIS INSTRUMENT TO BE EXECUTED THIS _s~~DAY OF ~L~'N~~ 2004. (Signatures appear on next page) BLUEGRASS DOWNS CC&R'S -Page 15 of 16 /5 - `~ DECLARANT: Duncan Devel went, LLC, an Oregon limited liab' ty co 'pany ~,,~ By: ._. Mike ncan, Managing Member STATE OF OREGON ) ss. County of Jackson ) This instrument was acknowledged before me on this ~ ~ 5r day of ~ «.T,,,~~-,~ , 2004, by MICHAEL K. DUNCAN, who acknowledged that he is a member of DUNCAN DEVELOPMENT LLC, an Oregon Limited Liability Company; that he was duly authorized to execute the within instrument on behalf of DUNCAN DEVELOPMENT LLC; that he signed this agreement freely and voluntarily, and that the same is the free and voluntary act of DUNCAN DEVELOPMENT LLC. NOTARY PUBLIC FOR OREGON My Commission expires June 24, 2007 ~• s=ICIALSEAL M~~'...I-+~'. E CHOATE NOTAR ; F.IBLIC-0REGON MY COMMI S~ON~EY,PIRES ~ NE 2492007 BLUEGRASS DOWNS CC&R'S -Page 16 of 16 /~ - ,~ EXHIBIT "A" ROOFING MATERIALS The following is the list of approved roofing materials for Bluegrass Downs: 1 PRESIDENTIAL SHAKE BY CERTAINTEED Autumn Blend Charcoal Black Shadow Gray Weathered Wood 2 PRESIDENTIAL SHAKE TL Autumn Blend Charcoal Black Shadow Gray Weathered Wood 3 GAF GRAND SEQUOIA Charcoal Blend Sage Green Blend Slate Blend Weathered Wood Blend ~ 4 GAF GRAND CANYON Black Oak Mission Brown Stone Wood 5 ELK DOMAIN WINSLOW Shadow Gray Stonehenge Ravenswood Browncastle 6 SHINGLE STYLE TILE (No hacienda/adobe style) Black Charcoal Gray ``r ~~, EXHIBIT "B" ~ubz =o A"'mo N '~ bDrnz ~bn ODU-rn A~Drn ~~~~ ~Nrn~ ~ v,o2 ~a ko a$ ~~ 2b` ~N ~~ O D '~ o~ bNm ~ A O N Z r C m a N N 0 0 z N /S D Jackson County Official Records 2005-029112 R-AMD 511712005 02:30:00 PM Cnt=1 Stn=3 MORGANSg S5 0o ss oo x11 0o Total:$21.00 (IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~, 01112561200500291120010018 i. h.rm..~ s. seowen, co~r,~. a..~ ror ~,: ~:o~ co~ocy, or.por,. csrtify Ina[rht instrument iC ontilied here ~r. was recorded In tn. CierM ~~~~~~ Kathleen S Becket[ - Counly Clerk FIRST AMENDMENT TO DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS BLUEGRASS DOWNS, PHASE I JACKSON COUNTY, OREGON Whereas, Duncan Development, LLC is the Declarant of the Declaration of Conditions, Covenants and Restrictions for Bluegrass Downs, Phase I, of Jackson County, Oregon dated December 21, 2004 and; Whereas, said Declaration of Conditions, Covenants and Restrictions provides for Architectural Control Committee approval of the exterior design of all structures; Declarant hereby adds the following: Amendment to Exhibit "A" -Rooting Materials Elk Domain Ashford ~,, Shadow Gray Stonehenge Ravenswood Browncastle IN WITNESS WHEREOF, THE UNDERSIGNED HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED THIS TWELVETH DAY OF MAY, 2005. LLC By:~ Mike cknowle an pproved by the ArchitectC~ol C mitt e: ~--.--- By: ~ By: STATE OF OREGON, }~ ,, l On ___~_=15~' __~ ________ ________ ___ before me personally appeared~~t~4'~t__~_~2~~~'?:__ _________ ~__Y~~~~ _ Es_~ __,~ _ whose identity was established to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was executed ireeh and voluntarily. ~~ IN 'CESTlA10Nl' ~1'HGREOF, 1 have hereunto set my hand and af[ix my offic' se the c first wrinen above. -r.r-,. ~ -- .. - -_- - '/, ~~. `~ .!l €d E- CLOSE - --- -- ------ -- ---- -------_ ~-Gf .__ 1 _';?.~~ n:~'r>.r t^-0,.EGON Notar}' Public for Oregon ~` .,, ., \.i~1.! - %.+;., ~ ~~5j1B 1.1y commtsston expires ---------------------------- C~'~.~c~ ZS ~1 ~ETURN T0: Duncan Dev. LLC P.O. Box 5656 Central Point, ia.:n,vr: ~.con_~ l~mu~i Kerora> lU(l ~_U4U202 k-AMD Cr,t=, Stn=! avGEKICrt07/06!2005 02:30:00 PM ss oo ss co s, I co Total:$21.00 (III~IIIiI) IIIIIIII IIIIIII I VIIIIilllllll III I I oirzas,azoosooaozozoorooia r.amie.n S O.a ert. County a~rw ro. ~acw ~o~ [ounty. o,e~yor, i~n~y may me inzrmmmt.a:nnnednarem was ~~coraee in me a.rw rrcora: Kathleen S 6ecketl -County Clerk Or. 9750?_ SECOND AMENDMENT TO DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS BLUEGRASS DOWNS, PHASE I JACKSON COUNTY, OREGON Whereas, Duncan Development, LLC is the Declarant of the Declaration of Conditions, Covenants and Restrictions for Bluegrass Downs, Phase I, of Jackson County, Oregon dated December 21, 2004 and; Whereas, said Declaration of Conditions, Covenants and Restrictions provides for Architectural Control Committee approval of the exterior design of all structures; Declarant hereby adds the following to and which becomes a part of Exhibit "A" - Roofing Materials: ,` OWENS CORNING - "WOODCREST" - 50 YEAR ROOF Chestnut Granite Sycamore Carbon Mesquite Timber IN WITNESS WHEREOF, THE UNDERSIGNED HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED THIS FIFTH DAY OF JULY, 2005. Duncan ev opme t, LLC B , ~ . 1 Mike n ,Manager Acknowledged and Approved by the Architectu ont ommittee: By: By: (' ~QOUW wW~ztz~ W W = LL W ~ ~ a~~~ ¢vjz¢O Q?°°~ 3~oWt- '"~~~t~i i-oo~W ~~VWCn c`~= z ~ a¢Qmo STAlE OF OREGON, l "~ JJJ Count' of ---r -- -------- ------------------------ } ss. On _-_-~ -~_ ____5__ before me personalh• appeared f_1t r~,~~1.__1~.~fr,~cn,~ ----- GATE - • identitc was established to m}• satisfaction, and u•ho executed the (ongoing instrument, acknowledging to me that the same was ~ted frcelc and ~•oluntarily. I ~'E.$T.Il;LON~ VV1~Rlyl~-„Lh7~1}tfC to set m}' hand and affix m}~ affici tb e first written above. .~ _ .. C,i L CE. w,., ~N":f?'tPl E. CLOSE l-- - ;A/ ~ ~ ,_.; ,.....rt J°Sti,fi Notary Pub is fot Oregon ~ -l ({~ rdY ur_'1:+!• '- • T: ~ ;. ?~)Oi , My commission expires --.~---~---~__/ --------------- .~ EXHIBIT "A"AMENDED ROOFING MATERIALS The following is the list of approved roofing materials for Bluegrass Downs: 1 PRESIDENTIAL SHAKE BY CERTAINTEED Autumn Blend Charcoal Black Shadow Gray Weathered Wood 2 PRESIDENTIAL SHAKE TL Autumn Blend Charcoal Black Shadow Gray Weathered Wood 3 GAF GRAND SEQUOIA Charcoal Blend Sage Green Blend Slate Blend Weathered Wood Blend '`- 4 GAF GRAND CANYON Black Oak Mission Brown Stone Wood 5 ELK DOMAIN WINSLOW Shadow Gray Stonehenge Ravenswood Browncastle 6 ELK DOMAIN ASHFORD Shadow Gray Stonehenge Ravenswood Browncastle 7 OWENS CORNING WOODCREST Chestnut Granite Sycamore Carbon Mesquite Timber 8 SHINGLE STYLE TILE (No hacienda/adobe style) Black Charcoal Gray Jackson County Official Records 2006-038621 R-AMD 07/31/2006 08:03:00 AM Cnt=1 Stn=4 SHAWBJ $10.00 $5.00 $11.00 TOtal:$26.00 12088712008003882100200 I. H~thlHn $. e~rih,tt, County CbrM for JKk~On County, Or,pon, clrtlry tMl ih, In~trum~nt Id~ntlMd h,nln wu r,cord~d In the G~rk r,cord,, Kathleen S. Beckett -County Clerk PABCO - "PARAMOUNT" - 50 YEAR ROOF ``r Antique Black LLC sy THIRD AMENDMENT TO DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS BLUEGRASS DOWNS, PHASE I JACKSON COUNTY, OREGON Whereas, Duncan Development, LLC is the Declarant of the Declaration of Conditions, Covenants and Restrictions for Bluegrass Downs, Phase I, of Jackson County, Oregon dated December 21, 2004 and; Whereas, said Declaration of Conditions, Covenants and Restrictions provides for Architectural Control Committee approval of the exterior design of all structures; Declarant hereby adds the following to and which becomes a part of Exhibit "A" - Roofing Materials: IN WITNESS WHE ,THE UNDERSIGNED HAVE CAUSED THIS INSTRUMENT T XECUTED THIS ~- 4s ~'' DAY OF JULY 2006. Mike by the Architectural Control Committee: By: Mollie Choate State of Oregon: County of Jackson} ss. On ~ before me personally appeared Mike Duncan and Mollie Choate whos identity was established to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was executed freely and voluntarily. In TESTIMONY WHEREOF, I have b unto set my and and affixed my official seal on the date first written above. I ~~ Public for r on ~<-:~,-~~,- My commission expires G~1~ OFFICIAL SEAL GARRIE ANDRIE8 VOTARY PUBLIC•OREGON MV OMMISSION X~PIREB MAp, 90, 9010 EXHIBIT "A" AMENDED ROOFING MATERIALS The following is the list of approved roofing materials for Bluegrass Downs: 1 PRESIDENTIAL SHAKE BY CERTAINTEED Autumn Blend Charcoal Black Shadow Gray Weathered Wood 2 PRESIDENTIAL SHAKE TL Autumn Blend Charcoal Black Shadow Gray Weathered Wood 3 GAF GRAND SEQUOIA Charcoal Blend Sage Green Blend Slate Blend Weathered Wood Blend 4 GAF GRAND CANYON Black Oak Mission Brown Stone Wood 5 ELK DOMAIN WINSL Shadow Gray Stonehenge Ravenswood Browncastle 6 Shadow Gray Stonehenge Ravenswood Browncastle 7 OWENS CORNING WOODCREST Chestnut Granite Sycamore Carbon Mesquite Timber 8 SHINGLE STYLE TILE (No hacienda/adobe style) Black Charcoal Gray 9 PARAMOUNT BY PABCO Antique Black n-.