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HomeMy WebLinkAboutBrookdale Gardens No. 2 - CC&Rs~r BROOKDALE GARDENS No. 2 A Planned Community Subdivision Declaration of Covenants, Conditions and Restrictions City of Central Point, Jackson County, Oregon Ralph Van Der Star and Barbara Van Der Star, as husband and wife ("Declarants"), 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 know as Brookdale Gardens No. 2 (A Planned Community Subdivision), as the same is particularly described in the recorded Plat 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 of the land and shall be binding on all persons claiming under them, and that these CC&R's shall be for the benefit of and shall be limitations upon all future owners of said real property described in Exhibit "A" which is attached hereto and made a part hereof. 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: DEFINITIONS: Declarant: Ralph Van Der Star and Barbara Van Der Star Homeowner: Any fee simple owner who owns in whole or in part any portion of any home or lot within the Subdivision. Lessee: Any Lessee, Renter or any other person occupying a home with the Subdivision, other than Homeowner. Voting Rights: Each Homeowner shall have one vote per lot/home owned in the Subdivision. If more than 1 person owns interest in a single lot/home those Homeowners must pool their votes for a total of 1 vote per lot/home. In no instance shall the owner or owners of a single lot/home within the Subdivision have more than one vote per lot/home. Committee: The Architectural Control Committee Member: Member of the Architectural Control Committee The purpose of these CC&R's is to insure the use of each lot and parcel of real property located in the Subdivision for attractive residential purposes, to prevent nuisances, and to prevent the impairment of the attractiveness and the value of the real property in the Subdivision. 2. All the lots in the Subdivision shall be know as residential lots and shall not be used for the purpose of conducting a business, trade, or profession except as may be permitted by the City of Central Point as a home occupation business, with the exception of a model home or site trailers used as temporary sales offices, with exception to Lot 26, which may be rezoned to a commercial zoning designation in the future. All homes are to be site built. Mobile homes or modular homes will not be allowed except as use for a temporary sales office by the Declarant or its representatives. ~, 3. The Architectural Control Committee: A. Establishment of the Architectural Control Committee: The Architectural Control Committee ("Committee"), during the development and home construction period of the Subdivision, shall consist of Declarants. Thereafter the Committee shall be transfer to the control of the Homeowners as provided below. The Committee shall have the exclusive control and final approval over architectural design of all homes, garages, ancillary units or any other structure to be constructed on the lots contained within the Subdivision. The exception to this is the existing home on Lot 26 of the Subdivision, which is to be maintained in its current or better condition as long as the existing structure remains. At any time that the existing structure is removed, the construction of any building(s) shall be consistent with the zoning designation of said lot at the time of removal. All approvals must be in writing unless otherwise permitted herein. The Committee may be contacted in writing at PO Box 5023, Central Point, Oregon 97502. B. Liabili :Neither the Architectural Control Committee or any Member thereof shall be liable to any Homeowner, Lessee, builder, or Declarant for any damage, loss or prejudice suffered or claimed on account of the action or failure to act of the Committee or a Member thereof, provided only that the Member has, in accordance with the actual lmowledge possessed by him or her, acted in good faith. Upon transfer of control of the Committee to the Homeowners as set forth herein, the Declarant shall have no further liability hereto. C. Transfer of Control: Member(s) of the Architectural Control Committee shall be the Declarants until 100% of the lots and homes in the Subdivision are sold, or until the Declarants voluntarily transfers control and appoints such right and control to three (3) Homeowners. Within sixty (60) days after the last lot/home has been sold the Declarant will appoint three (3) Members to the Committee. The Member will be selected from current Homeowners and will be appointed at the discretion of the Declarant. The Members appointed to the Committee shall serve cone-year tens to begin from the date of appointment. Homeowners within the Subdivision, within 20 days of a current Member's term expiration, may submit their name for appointment to the Committee. An outgoing Member shall appoint a new Member when his or her one-year term expires. If there are no applicants for the appointment to the Committee, then the Member's term shall continue beyond the one-year term and continue until a Homeowner submits his or her name for appointment. Contact with the Committee after the control has been transferred by the Declarant, shall be at an address and telephone number designated by the Committee. Decisions by the Committee will be decided by majority vote. D. Additional Responsibilities of the Committee: 1) The Committee shall be in charge of enforcement of theses CC&R's. In the event that a Homeowner is found to be in violation of these CC&R's the Committee shall use the following procedure to remedy the violation: A) The Committee shall notify the Unit Owner in writing of the violation. The Notification of Violation shall contain a description of the violation, remedies for connecting the violation and a deadline for correcting the violation. The Committee shall have the responsibility and authority to determine a reasonable period of time to allow the Homeowner to correct the violation. In addition, the notification must include an address that the Homeowner may contact the Committee in the event the Homeowner disagrees with the Committee's decision concerning the violation. The Notification of Violation shall be deemed delivered when placed in regular mail for delivery by the US Postal Service. If the Homeowner wishes to appeal the decision of the Committee, it shall be the Homeowners sole responsibility to inform the Committee in writing prior to the ~. deadline set by the Committee for correcting the violation. Failure of the Homeowner to appeal the decision in writing to the Committee prior to the ~,, deadline set by the Committee shall indicate the Homeowners acknowledgement of the violation and his or her agreement with the Committee's decision concerning violation and his or her agreement to remedy the violation to the satisfaction of the Committee. B) If the deadline the Committee has set to correct the violation passes and the Homeowner has not appealed the decision, or corrected the violation, the Committee shall send the Homeowner a Second Notification of Violation. The Second Notification of Violation shall be sent via regular mail and Certified Mail, Return Receipt Requested and shall contain a copy of the original Notification of Violation together with a new deadline for correcting the violation and a notification that further refusals to correct the violation will result in legal action being taken against the Homeowner as in indicated in 21 below, including but not limited to court injunctions, liens and any other actions that may be deemed appropriate by an attorney to ensure the violation is corrected. The Second Notification of Violation shall be deemed delivered when placed in the Regular Mail for delivery by the US Postal Service. C) If the second deadline set by the Committee passes and the violation has not been corrected the Committee shall immediately consult with an attorney and begin any and all appropriate legal proceedings that may be judged necessary and appropriate by the attorney. This action will be taken regardless of whether delivery of the Second Notification of Violation was confirmed by return receipt or not. The Homeowner shall be held responsible for all cost incurred in correcting the violation including but not limited to attorney's fees, court cost, out of pocket expenses incurred by the Committee, any and all other cost set by a Judge in a court of law. ~ 4. No structures shall be erected, placed, altered or penmitted to remain on any of the said residential lots other than one detached single family dwelling, an attached or detached private garage, and one detached ancillary unit (commonly referred to as a "Granny Flat") as may be approved by the City of Central Point and the Committee, with exception to Lot 26, which may be zoned to a commercial zoning designation in the future. At the time in the future that Lot 26 is rezoned to a commercial zoning designation, the construction of building(s) shall be consistent with the rules and restrictions of said zoning designation. 5. The plans and specification for each home constructed in the project, including but not limited to the roofing, siding, windows, exterior paint and roofing colors, and a plot plan including all proposed structures shall be submitted to the Committee before construction may commence. Approval thereof shall include having decorative masonry and lap siding on the each elevation facing a public right of way and a front porch on the front elevation. The minimum pitch of the roof shall be 6:12 and shall be constructed of 30-year architectural composition. Written approval shall be received from the Committee prior to commencing construction on any structure. If the committee should fail to either approve or deny said plans for a period of 30 days after submission to the Committee the plans shall be deemed approved. If said plans are denied by the committee for construction, plans must be revised as necessary and resubmitted to the Committee for approval before commencing construction. 6. No noxious or offensive trade or activity shall be carried on or upon any lot, nor shall anything be done thereon which may be used or become an annoyance or nuisance to the neighborhood. No commercial trucks, or junked or wrecked cars will be permitted to be parked within the Subdivision. Racecars must be parked within the confines of the garage. No vehicles shall be parked on the sidewalks or in the front yard or landscaping. Repair of any motorized vehicle on the public street or in the driveway is prohibited. ``, 7. No barns, chicken coops, rabbit hutches, kennels, aviaries or pig sties shall be erected or maintained on any lot in the Subdivision. No animals, livestock or poultry of any kind shall be raised, bred or kept, on any lot. Each Homeowner or Lessee may keep up to 2 dogs or 2 cats or 2 other common household pets at their place of residence provided that they are not kept, bred or maintained for commercial purposes. All pets will be kept on a leash when outside the confines of the fenced backyard area and will not be allowed to run loose in the Subdivision. All dogs will be kept quiet, so as not to become a nuisance. Dogs allowed to continue barking will be considered a nuisance and the owners will be held responsible. The Committee shall have the sole authority to determine if a barking dog is a nuisance. Upon finding that a barking dog is a nuisance the Committee shall inform the homeowner of the nuisance and request that the dog be kept inside the owner's home or have the dog surgically altered eliminate the nuisance. If the dog continues to be a nuisance, the Committee shall turn the matter over to the animal control authorities and have at their disposal any lawful remedies. 8. No tent, trailer or shack may be placed or erected on any lot without the written consent of the Committee. Storage Buildings may be constructed, once the Committee has granted approval, provided that the Storage Buildings are constructed of the same type of materials used in the construction of the home and shall be painted the same color as the exterior of the home. After approval the Storage Building must be completed with 30 days of commencement of construction. No trailer, basement, tent, shack, garage or Storage Building may be used at any time for a residence either temporarily or permanently. Parking of boats, trailers, motorcycles, trucks, campers recreational vehicles, and like vehicles or equipment shall not be allowed on any part of the lot nor on the public right of ways adjacent thereto excepting only within the confines of an enclosed garage or behind a fence. Recreational Vehicles with a height of greater than 7' shall be allowed to park on the lot only if the driveway and home can be constructed in such a manner as to allow the Recreational Vehicle to be parked at the rear property line of the lot. Recreational Vehicles are allowed to be parked on the street adjacent to the lot or in the driveway for the purpose of loading and unloading; however, no Recreational Vehicle is allowed to remain on the public street or parked in the driveway for more than 72 hours at one time. 9. No dwelling shall be laid out or constructed on any lot in the Subdivision where the total square footage of the main structure, exclusive of porches and garage, is less than 1,200 square feet. Two story homes shall be allowed on all lots, however the Committee has the right, but not the duty, to require that the second story be oriented or designed in such a manner as to minimize the impact of the home on the adjacent lots within the Subdivision. 10. No poles shall be permitted within the Subdivision and no outside radio or television antennas, or unsightly satellite dishes will be allowed without the written consent of the Committee. No front yard flag poles (except for up to 1 decorative flag on a pole that is not to exceed 5 feet in length which is attached to the home), and no front yard or street basketball poles will be allowed without the written approval of the Committee. Portable Basketball Poles are allowed to be on the driveway area while in use; however, no portable basketball poles are to remain on the street, in the driveway or in the front yard areas overnight or while not in use and must be stored in the garage area or behind an appropriate fence or screen as may be approved and deemed appropriate by the Committee. 11. All buildings shall be finished in exterior colors that are in basic harmony with the surrounding natural environment. It is herein intended that structures be finished in such a color as to blend with the generally subdued tones and hues of the surrounding natural features. All exterior colors and siding material and window specifications and placements must bepre-approved by the Committee. 12. All fences are to be "Shadowbox Style", Cedar, and Stained with "Central Point East" fence stain. Fences shall not be allowed along the front lot line. Rear lot and side fences are required. Unless the area is to be used for storage, fences are not required between the structure and the side yard fences. No fencing shall be allowed in the area between the front building line of the home and the public Right of Way. The top of all fences must be constructed relatively level and fence elevation changes ~ must occur at the fence posts. All fencing must be pre-approved by the Committee. All fencing must also comply with the City of Central Point Standards; however the Committee shall have the final decision on all matter concerning fence placement and height, so long as the decision is not less '~ restrictive that that which is allowed by the City of Central Point Building Codes. 13. All garbage receptacles, cans, recycling boxes and any other material stored out side of the garage shall be kept clean and sanitary and shall be screened from ordinary view from adjoining lots and streets. All screening must bepre-approved by the Committee in writing. 14. Except for political election signs, that shall be removed the day after the election, no other sign of any kind shall be displayed to the public view on any lot except one professional sign advertising the home For Sale, Lease or Rent. This is not to exclude the developer or builder from advertising during the construction and sales period. 15. No swimming pool shall be constructed in any front yard area of a lot in the Subdivision. No inflated plastic enclosures or permanent pool enclosures of any kind may be constructed or installed without first having the written approval of the Committee. 16. Each lot shall have street trees (pre-approved by the Committee) selected from the City of Central Point Approved Street Tree List planted and maintained at a rate of two shade trees per street frontage (4 trees on comer lots). Street frontage sidewalks will be installed along with the construction of the home. 17. All landscaping is to bepre-approved by the Committee and to be installed by the builder within 30 days after the home construction. Thereafter, each homeowner is responsible to maintain all landscaping in like manner as when it was installed. Any changes to the landscaping made after initially installed must be approved by the Committee prior to changes being made. All landscaping is to be reasonably compatible with other landscapes within the development. Grass shall be incorporated as a main feature of the front yard landscape. There shall be no storage in the front yards; or storage in the side yards unless screened from ordinary view by an approved fence or screen. All landscaping is ~r to be reasonably maintained at all times. 18. No front yard landscaping, building, fence, wall, swimming pool or other permanent structure shall be erected, altered or placed on any lot until the building plan, specifications and plot plans showing the location of said improvements and structures on the lot have been submitted and approved in writing by the Committee. The Committee shall consider the quality of worlm-anship, materials, harmony of external design with the existing structures, location with respect to topography at finish grade elevation, and so as not to interfere with the reasonable enjoyment of any other lot. Upon failure of the Committee to approve or disapprove, in writing, any specifications for landscaping, new structure, or alteration of any existing structure within thirty (30) days after the same have been properly presented, approval thereof will be deemed to have been made, provided the proposed construction complies with all provisions otherwise contained in these CC&R's and City of Central Point Building Codes. 19. Any Member of the Committee may appoint an alternate to act in his or her absence with full voting rights of the Member. 20. These CC&R's shall run with the land and be binding on all parties until 100% of the lots in the subdivision have been sold, at which time these CC&R's shall automatically extend for successive periods often (10) years unless an Instrument signed and approved by 70% of the Homeowners has been recorded agreeing to change these CC&,R's in whole or in part. 21. The foregoing CC&R's shall bind and inure to the benefit of, and be enforceable by Suit in Equity or Action at Law, for damages by the Homeowner(s) in the Subdivision and their Legal Representative, Hens, Successors or Assigns. Failure to enforce any such CCBcR's shall in no event be deemed a waiver of the right to do so thereafter. 22. In case of Suit or Action is instituted to enforce any of the foregoing CC&R's, the prevailing party in such suit or action shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in suit or action and in any appeal. 23. Invalidation of any portion of these CCBcR's shall in no way affect the other provisions, which shall remain in full force and effect. IN WITNESS HEREOF, the Declarant herein, has hereunto set his/her hand and seal this day of , 2003. Declarants: Ralph Van Der Star and Barbara Van Der Star By: Ralph Van Der Star By: Barbara Van Der Star STATE OF OREGON ) )ss. COUNTY OF JACKSON ) The foregoing instrument was acknowledged before me this day of , 2004 by Ralph and Bazbara Van Der Staz, as husband and wife, to be their voluntazy act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires ~/ Exhibit A-1 All that real property located in the Southwest One-Gluarter of Section 1, Township 37 South, Range 2 West of the Willamette Meridian, City of Central Point, Jackson County, Oregon, more particularly described as follows: Beginning at the intersection of the easterly right-of--way of Hamrick Road, a public road, and the south line of that certain tract of land described in Document Number 89-27993 of the Official Records of Jackson County, Oregon, said point being the Initial Point, from which the southeast comer of Donation Land Claim Number 55 bears South 89°46'05" West, a distance of 30.00 feet and South 00°13'55" East, a distance of 241.14 feet; thence North 00°13'55" West, along said right-of-way, a distance of 88.40 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545" and the beginning of a 20.00 foot radius curve to the right having a central angle of 89°51'09"; thence along the arc of said curve and the southerly right-of--way of Brookdale Drive, a public road, a distance of 31.36 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545", the long chord of said curve bears North 44°41'39" East, a distance of 28.25; thence continuing along last said right-of-way the following courses and distances; North 89°37'14" East, a distance of 206.24 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545" and the beginning of a 474.00 foot radius curve to the right having a central angle of 09°43'00"; thence along the arc of said curve, a distance of 80.39 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545", the long chord of said curve bears South 85°31'16" East, a distance of 80.29 feet to the beginning of a 526.00 foot radius reverse curve to the left having a central angle of 09°43'00"; thence along the arc of said curve, a distance of 89.20 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545", the long chord of said curve bears South 85°31'16" East, a distance of 89.10 feet; North 89°37'14" East, a distance of 151.09 feet to the beginning of a 526.00 foot radius curve to the left having a central angle of 08°50'29"; thence along the arc of said curve, a distance of 81.17 feet to a rebar and orange plastic cap marked "C. ~• NEATHAMER LS 56545", the long chord of said curve bears North 85°12'00" East, a distance of 81.09 feet to the beginning of a 474.00 foot radius reverse curve to the right having a central angle of 9°13'43"; thence along the arc of said curve, a distance of 76.35 feet to a rebar and orange plastic cap marked "C. NEATHAMER LS 56545", the long chord of said curve bears North 85°23'37" East, a distance of 76.27 feet; thence leaving last said right-of-way, South 00°10'18" East, a distance of 105.87 feet to the southeast comer of first said tract; thence South 89°37'14" West, along the south line of first said tract, a distance of 702.86 feet to the Point of Beginning. Containing 1.64 acres, more or less. Basis of Bearings is the centerline of Hamrick Road as depicted on Surveys Numbered 15762 and 18268, as filed in the office the Jackson County Surveyor. Prepared By: Neathamer Surveying, Inc. 100 East Main Street, Suite N P.O. Box 1584 Medford, Oregon 97501-0120 Phone: (541) 732-2869 FAX: (541) 732-1382 Date: September 2, 2004 REGISTERED PROFESSIONAL LAND SURVEYOR (,cu.~ ~ . rlta:hcuµun OREGON JULY 09, 2001 CAEL E. 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