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HomeMy WebLinkAboutCascade Meadows Village - CC&Rsti.. 03 41544 ~~a3 CASCADE MEADOWS VILLAGE Planned Unit Development Declaration of Covenants Conditions and Restrictions ~~ ~~ // City of Central Point, Jackson County, Oregon Capital Development 2002 LLC ("Declarants"), being the owner in interest of all of the real property located in the City of Central Point, County of Jacksoq State of Oregon known as CASCADE MEADOWS VILLAGE, as the same is particularly described in the recorded Plats for this Subdivision on file with the County Clerk of Jackson County, Oregoq 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 conditions and restrictions shall be for the benefit of and the limitations upon all future owners of said real property and shall benefit the owners of the real property. All lots and parcels of real property in the Subdivisioq hereafter conveyed, leased, rented, or occupied shall be subject to the following CC&R's: 1. 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 purposes, to prevent nuisances, and to prevent the impairment of the attractiveness and the value of the real property in the Subdivision. 2. All lots in the Subdivision shall be known and described pursuant to the Cascade Meadows Village Special Use Transmittal for Cascade Meadows Village, A Proposed Planned Unit Transit Oriented Development dated 01/03/2002 and any amendment thereto as a result of the adjustments to the foregoing reflected on the Final Plat as approved by the City of Central Point, Oregon and shall not be used for any purpose other that that as specified in the aforementioned document, with the exception of model homes used as temporary sales offices. All single family residences and or Accessory Dwelling Units (ADU) are to be site built and mobile homes and/or modular homes are not allowed. 3. No structures shall be erected, placed, altered or permitted to remain on any of the said residential lots other than one detached single-family dwelling and private garage for not more than two cars. Accessory dwelling units (ADUs) shall be permitted contingent to approval of the Architectural Control Committee. Lots so designated as townhomes shall be bound by all applicable sections of these CC&Rs. 4. a. The plans, specifications, including but not limited to, the roof, siding, windows, exterior colors of each structure (other than the self storage facilities) constructed upon each lot in said Subdivision shall be approved before construction may commence. Approval thereof shall be obtained by application of the owner to the Architectural Control Committee primarily as to conformity and harmony of external design and location with existing structures. Approval shall not be unreasonably withheld. b. The initial Architectural Control Committee shall consist of Louis F. Mahar, Daniel R. Mahar, Steven DeCarlow, Michael A. Montero, Craig A. Stone, or their assigns. Upon the sale of the last lot in the Subdivision by the Declarant, Declarant shall have no responsibility for the enforcement of these CC&R's. Members of the Architectural Control Committee shall be approved by and serve at the pleasure of the owners of the majority of the lots in the Subdivision. Notice of such appointment shall be recorded in the Official Records of Jackson County, Oregon. The Architectural Control Committee shall review plans to ensure that overall planning and design of the Subdivision are not impaired. c. Except as otherwise provided herein, any three members of the Architectural Control Committee shall have power to act on behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. d. The Architectural Control Committee shall, within 30 days after receiving a complete set of plans and specifications for approval, either approve or disapprove such plans and specifications. Failure of the Architectural Control f-; to ~n : CC ~ ~ 8oa~.. 03 41.544 \r Covenants, Conditions and Restrictions Cascade Meadows Village Subdivision Page 2 Committee to act within said period of 30 days shall be deemed approval thereof. If plans are disapproved, the Architechu~al Control Committee shall set forth in writing the reasons for disapproval. e. Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. f. Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant or builder for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Architectural Control Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him/her, acted in good faith. 5. No noxious or offensive trade or activity shall be conducted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No commercial trucks, (larger than 1 1/2 ton GVV~, junked or wrecked cars or racing cars will be permitted to be parked or stored within the Subdivision; provided, however, that the restoration of antique and classic automobiles may be conducted within an enclosed garage. However, nothing in these CCR's shall limit or prohibit commercial uses on the property or any portion thereof for the said commercial uses approved by the City of Central Point in its approval of this subdivision and Planned Unit Development. 6. No barns, chicken coops, rabbit hutches, kennels, aviaries or pig sties shall be erected or maintained on any lot in said Subdivision. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot in said Subdivision, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The owner of any pet shall not allow such pet to trespass upon any other lot in the Subdivision and shall clean up after such pet any droppings deposited by such pet in the Subdivision. 7. No trailer, tent or shack may be placed or erected on any lot. No trailer, basement, tent, shack or garage may at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence thereon. Parking of boats, trailers, motorcycles, trucks, campers, recreational vehicles, and like equipment shall not be allowed on any part of any lot nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a six foot screening fence or screening shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 8. No single family residential dwelling (other than Accessory Dwelling Units as provided by the Cascade Meadows Village PUD) shall be laid out or constructed on any lot in said Subdivision where total square footage of the main structure, exclusive of porches and garages is less than 1100 square feet. The Architectural Review Committee may make an exception to the minimum square footage on certain lots if in their opinion overall planning is not impaired. Contractors are responsible to keep lots on construction sites clean of all debris during construction. Contractors shall be responsible to remove any track out developed from their construction activities associated with any project in Cascade Meadows Village. 9. No poles shall be permitted within the Subdivision other than those (cellular telephone) specified in the Cascade Meadows Village, A Proposed Planned Unit Transit Oriented Development dated 01/03/2002 and no outside radio, TV antennas, or satellite dishes (other than dishes less than 3' in diameter that are properly screened) shall be allowed without the approval of the Architectural Control Committee. No flagpoles or front yard basketball poles and or backboards will be allowed without the approval of the Architectural Control Committee. 10. All roofs, other than those pertaining to the self storage units, shall be of 25 year or more architectural design material, of which will be uniform in color and approved by the Architectural Control Committee. All roofs shall have dura ridge caps. 11. The Architectural Control Committee must approve all roof pitch angles. Allowable roof pitches for single story homes are a minimum of 5" X 12" pitch. For two story homes the roof pitch is to be determined by the Architectural Control Committee on an individual basis. ~ ~~ 03 41544 Covenants, Conditions and Restrictions Cascade Meadows Village Subdivision Page 3 12. All buildings shall be finished in exterior colors in basic harmony with the surrounding natural environment and approved by the Architectural Control Committee. It is intended that structures and roofs be finished in such a color as to blend with the generally subdued tones and hues of surrounding natural features. The Architectural Control Committee must approve all window specifications and placements. 13. Unless otherwise approved by the Architectural Control Committee, all fences are to be constructed of the same materials, style, design and color, as approved by the Architectural Committee. All fences are to be well kept. The intent is to have all fences be uniform in materials and must be of uniform color. The maximum height of a fence forward of the front building line shall not exceed three (3) feet in height. The maximum height of asight-obscuring fence located on the remainder of the lot shall not exceed six (6) feet in height. Fences shall be well constructed of cedar wood to match existing fencing as closely as possible, and shall not detract from the appearance of the dwelling located upon the lot or be offensive to owners or detract from the appearance of the dwellings located on the adjacent lots. In the case of existing fences erected by adjoining property owners, said "existing" cyclone fencing may remain provided that site limiting slates or vegetation are installed and maintained. The self storage facility may employ cyclone fencing with site limiting vegetation planted and maintained by the City of Central Point per Cascade Meadows Village PUD as approved. 14. Tops of all fences must be constructed relatively level and lateral fence elevation changes must occur at the fence post or in a manner approved by the Control Committee. The owner of each lot shall maintain all fences in good condition and repair. 15. All garbage receptacles and cans shall be kept clean and sanitary and shall be screened from ordinary view from the adjoining lots and streets. Recessed or sunken garbage cans need not be fenced or screened. 16. All firewood and other materials stored on any lot shall be screened from the ordinary view from adjacent lots and streets. 1~, 17. No sign of any kind shall be displayed to the public view on any residential lot except one sign advertising sale, lease or rent. This is not to exclude a builder or developer from advertising during the construction and sales period. 18. No swimming pool shall be constructed in any front yard area of a lot in said Subdivision unless it is screened from ordinary view of the adjoining lots and the street. No inflated plastic enclosures or permanent pool enclosures of any kind may be constructed or installed without first having obtained the written approval of the Architectural Control Committee. 19. Any lot sold by the developers and not built upon immediately is to be maintained in such a manner that its appearance is not unsightly and weeds are to be cut at regular intervals, so that any such weeds do not exceed 12 inches in height at any time. The developer reserves the right to enter on to and cut any weeds and maintain any lot, which in the developer's opinion is nnmaintained by the lot owner. The developer is to be reimbursed for his reasonable costs of maintaining said lot. These costs are to be immediately paid upon submitting a bill to said lot owner. 20. Each lot shall have street trees planted and perpetually maintained and other improvements pursuant to the Cascade Meadows Village, A Proposed Planned Unit Transit Oriented Development dated 01/03/2002 document. If purchaser or lot owner does not comply with construction requirements the developer reserves the right to build and complete said improvements and be immediately compensated for his costs to do so by said lot owner. 21. All homes or buildings started on any lot in said Subdivision shall be finished within six (6) months. No dwelling shall be occupied for any purpose until such a time as the exterior is completed and painted. 22. Purchaser is required within six (6) months after the completion of dwelling to complete the landscaping of the front yard of said dwelling. Landscapes, including but not limited to landscaped portion of the City of Central Point right of way including street trees, sod and irrigation system are to be maintained as needed and well kept. Front yards are to be reasonably compatible with existing landscaping and no permanent storage is allowed in any front yard. Grass sod shall be incorporated into the design of all front yard landscapes. ~' 03 41544 Covenants, Conditions and Restrictions Cascade Meadows Village Subdivision Page 4 23. No building, fence, wall, swimming pool or other permanent structure shall be erected, altered or placed on any lot until the building plans, specifications and plot plans showing the location of structures on the lot have been submitted to and approved in writing by the Architectural Control Committee. The Architectural Control Committee shall consider the quality of workmanship, materials, harmony of external design with existing structures, location with respect to topography at finish grade elevations. Upon failure of the Committee or its designated representatives to approve or disapprove in writing the specifications for any 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 the provisions otherwise in these declarations. 24. Easements are hereby reserved to the Developers, its successors in interest and assigns, public utility companies and municipal and other authorities, as shown on the official plat of the Subdivision for the installation, maintenance and use of public utility facilities thereon and thereunder. Such person, companies and authorities shall have the right to construct, erect, install and maintain underground public utility facilities of all kinds, including communication lines, electric lines, sewer, water and gas pipes. All such utility facilities shall be installed and maintained below the surface of the ground except as to such portions of such utility facilities where it is impracticable to install below ground, including, but not limited to electric transformers. All of such persons, public utility companies and authorities in who such easements are reserved, shall have the unrestricted right to ingress and egress thereon, for the purpose of all such construction, use and maintenance. No building, structure, fence, wall, tree, hedge, bush, shrub, or other obstruction shall be placed or maintained within such easements and shall be liable to the utility company or public authority which removes it, for the cost of removal thereof. 25. Each Architectural Control Committee member may appoint an alternate acceptable to the majority of the committee to act in its absence with full voting rights of the original member. 26. Each owner of every lot or parcel covered by these CCR's herewith acknowledges and accepts the existence of the timber mill owned and operated by the Boise Cascade Corporation which is located across Beall Lane south of the Cascade Meadows Village Subdivision. Pursuant to these CCR's each lot owner agrees to accept without ~y, remonstrance, all common and customary industrial uses that associated with the said timber mill, including without limitation, sounds, traffic, odors, dust, smoke and such other impacts as may be produced by the said timber mill. 27. These CC&R's shall run with the land and shall be binding on all parties until March 1, 2011, at which time the covenants shall automatically extend for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change these covenants in whole or in part. 28. The foregoing CC&R's shall bind and inure to the benefit of, and be enforceable by suit in equity or an action at law for damages by the owner or owners of the above described lands, their and each of their legal representatives, heirs, successors or assigns and failure either by the owners above named or their legal representatives, heirs, successors or assigns to enforce any of such conditions or restrictions shall in no event be deemed a waiver of the right to do so thereafter. 29. In case 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 sum as the court may adjudge reasonable as attorney's fees in such suit or action or in any appeal therefrom. 30. Invalidation of any of these wvenants shall in nowise affect any of the other provisions, which shall remain in full force and effect. 31. The Declarant, as developer of Cascade Meadows Village Subdivision, shall not be liable for any claims or damages whatsoever resulting from, but not limited to, the condition of soils, soil compaction and or drainage. It shall be the responsibility of the owners, the owners' engineer, and the owners' contractor to assure that the construction of the dwelling on each lot is compatible with the soils on such lot, and that all foundations are appropriate for the nature of such soils. 32. Lots labeled Tracts "A & "B" will be the sole responsibility of the City of Central Point for purposes of l construction and maintenance. ~' !~ / 03 41544 Covenants, Conditions and Restrictions Cascade Meadows Subdivision Page 5 33. All Lots shall have language that reflects any easement reservations as determined at the time of final plat approval. Dated this z3 day of ~u , 2003. Capital Development 2002, LLC PacTrend Inc by, Louis F. Mahar b , aniel R. Mah Vesta Enterprises Inc, ,D by, Steven DeCarlow STATE OF OREGON ) )ss. COUNTY OF JACKSON ) Jackson County, Oregon Recorded OFFICIAL RECORDS JUN 2 5 2003 NTY CLERK Louis F. Mahar, Daniel R. Mahar and Steven DeCarlow acknowledged the foregoing instrument before me this Z'J day of ~i_iZ , 2003. OFFICIAL SEAL U DEBBIE MEYERS (~~ 1,~1,~ NOTARY PUBLIC-OREGON ~-1,_~i ~,Il )1 Q Q ~ ,~Q Jr~Q} COMMISSION NO. 340516 Notary Public for Oregon MY COMMISSION EXPIRES NOV. 19, 2004 the ST OUP C ~--__ _ _ ~_ by jLrai A: Stone by, Michael A. Montero ,STATE OF OREGON ) )ss. COUNTY OF JACKSON ) Craig A. Stone and Michael A. Montero acknowledged the foregoing instrument before me this day of4,~t,v~-Q~ , 2003. Notary Public for Oregon OFFICIAL SEAL ~ ROBERTA L. BECKER NOTARY PUBLIC-OREGON COMMISSION NO. 360485 MY COMMISSION EXPIRES AUG. 18, 2006 DEC-15-2003 14:20 FROM:DRUIS 541-899-9656 -- `, Jackson County Official Records 2004,_00695 ~ R-AFC Cnt=1 stn=7 cREWSRA02/11/2004 01:20:04 P $s.oo $s oo $~ i oo Total:$21.0 AFFIDAVIT OF CONSENT ~. for SUBDIVISION 01007537200400069550010011 I, Kathleen S. Beckett, County Clerk lorJackaon County, Oregon, csrtlfy that the Instrument Identified haroln was recorded In the Clerk rocords. Kathleen S. Beckett -County Clerk KNOW ALL MEN BY THESE PRESENTS, that RON D. COFFMAN and ADELIA A. COFFMAN, Trustees of the Coffman Family Trust dated December 16, 1993, beneficiaries of that certain Trust Deed recorded July 23, 2003 as Document No. 03-48639, Official Records of Jackson County, Oregon, does hereby release from the lien of said Trust Deed the Streets and alleys and do hereby grant their consent to the Public and/or Private Easements dedicated or established by and as shown on the final plat of CEDAR PARK, PHASE 1, A PLANNED COMMUNITY. /(4.0 ~G /Ce J. RON D. COFFMAN, Trustee ~ STATE OF OREGON) ss) `"~ COUNTY OF JACKSON) ~ r-- /,, YCJI: ADEL A A. COFF T stee PERSONALLY appeared the above named D - -~n ~ Adelia A Coffman, and acknowledged the foregoing instrument to be their voluntary act and deed as was signed on behalf of Coffman Family Trust dated December 16, 1993. ~i Dated this_~day of ~ [YQ~Z~ , ~ 20 C 3 ~~" ~ \ / / _ Before met C~C~~C/ Notary Pub is f oaf d IoM ~~ s. ~~ ~. 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