HomeMy WebLinkAboutCedar Park CC&RsJackson County Official Records 2004-00695
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01007536200400069540060069
I, Kathleen S. Beckett, County Clerk for Jackson County, Oregon,
certlry that the Instrument Idsntlfled hsroln was recorded In the Clerk
roeorda. Kathleen S. Beckett -County Clerk
CEDAR PARK CCt&Rs
DECLARATION OF CONDITIONS AND RESTRICTIVE COVENANTS
CEDAR PARK SUBDIVISION, PHASE I & II
CITY OF CENTRAL POMT, JACKSON COUNTY, OREGON
Cedar Park Group, LLC being the owner and party in interest of all of the real property located
in the City of Central Point, County of Jackson, State of Oregon known as CEDAR PARK
SUBDIVISION, PHASE I, as the same is particularly described in that certain plat on file with
the County Clerk of Jackson County, Oregon, under the date of Oo2 ~ / /- O'r ,
and recorded in Volume ~of the Plat Record of Jackson County, Oregon at Page -t/a
thereof, do hereby make the following declaration of conditions and restrictions covering the
above described real property specifying that this declaration shall constitute covenants to fun
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 described in Exhibit "A" attached hereto
and made a part hereof.
All ]ots and parcels of real property in Cedar Park Subdivision, Phase I, hereafter conveyed, leased, rented,
or occupied shall be subject to the following reservations, conditions, covenants, restrictions, and agreements:
1. The sole purpose of these reservations, conditions, covenants, restrictions, and agreements is to
insure the use of each lot and parcel of real property located in Cedar Park Subdivision, City of
Central Point, Oregon, for amactive residential purposes only, to prevent nuisances, to prevent the
impairment of the attractiveness and the
' value of the real parcel of real property in Cedar Park Subdivision.
2. All lots in Cedar Park Subdivision shall be known and described as residential lots and shall not be
used for the purpose of conducting a business, trade, or profession except as provided for a home
occupation by the City of Central Point, with the exception of model homes used as temporary sales
offices. All homes are to be site built; mobile homes and/or modular homes will not be allowed.
3. No structures shall be constructed, erected, places 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 that
1`, three cars, other outbuildings incidental to residential use of the lot, and detached garages of not
more than two cars.
Any covenant condition or restriction in this document indicating a preference limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin is omitted as provided in 42 U S C § 3604 unless and only to the extent that the restriction (A) is not in violation of state or federal law (B)
is exempt undo 42 Lt S C § 3607 or (C) relates to a handicap but does not discriminate against handicapped people.
4. The building plans, specifications, including but not limited to the roof, siding, windows, exterior colors of the
structure and roof, and plot plan for the residential dwelling and garage to be 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 with existing structures. The Architectural Control Committee will consist of Daniel Davis and
Steve St Martin. The Architectural Control Committee is to see that overall planning is not impaired with no
greater restriction upon the free and undisturbed use of such lot or parcel than is reasonably necessary. Said
Architectural Control Committee shall, within 30 days from the application for approval, either approve or
disapprove such plans or specifications. If all committee members do not concurrently approve or disapprove said
plans or specifications within said period of 30 days they shall be deemed approved; provided that they comply
with all the provisions otherwise in these declarations.
S.No noxious or offensive trade or activity shall be carried on or upon any lot, nor shall anything be done thereon
which may be or become an annoyance or nuisance to the neighborhood. No commercial trucks, junked or
wrecked cars or racing cars will be permitted to be parked or garaged or stored within the subdivision.
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 pouhry of any kind shall be raised, bred or kept on any lot except that
dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any
commercial purpose.
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 or storage port, and behind a door or screening fence which shall in no event
project beyond the front walls of any dwelling or garage.
8. No dwelling 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 1,400 squaze feet. Two story homes will be allowed.
Contractors are responsible to keep lots on construction sights clean of all debris and roadway clear of mud and
dirt during construction.
Page 2 -Cedar Park Subdivision, Phase I
9. No poles shall be permitted within the subdivision and no outside radios, TV antennas, or
satellite dishes will be allowed without the approval of the Architectural Control Committee.
No flag poles or front yard basketball poles and/or back boards will be allowed without the
approval of the Architectural Control Committee.
10. All roofs shall be of comp material, 25 year or more with a 3-dimension architectural design;
color shall be earthtone with dura ridge caps,and approved by Architectural Control
Committee. All roof pitch angles must be approved by the Architectural Control Committee,
a minimum of 6" x 12" pitch.
11. All buildings shall be finished in exterior colors in basic harmony with the surrounding
natural environment. It is herein 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. No
T1-11 vertical siding or resemblance thereof will be allowed. All window specifications and
placements must be approved by the Architectural Control Committee.
12. Unless approved otherwise by the Architectural Control Committee, all fences are to be built
with the same exact style and design checked by the Architectural Control Committee. All
fences are to be kept in good condition.. The intent is to have all fences be uniform in
materials and must be sealed with stain. Fences shall not be allowed on the front lot line
adjacent to the street. Rear lot line fences adjacent to side streets are permitted. The maximum
height of a sight obscuring fence or hedge forward of the building line shall not exceed three
(3) feet in height. The maximum height of sight obscuring fence or hedge located on the
remainder of the lot shall not exceed six (6) feet in height. Fences shall be well constructed of
cedar wood, 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. 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 Architectural Control
Committee.
13. All garbage receptacles and cans shall be kept clean and sanitary and shall be screened from
ordinary view from the adjoining lots. Recessed or sunken garbage cans need not be fenced or
screened.
14. All firewood and other materials stored on any lot shall be screened from the ordinary view
from adjacent lots.
I5. No sign of any kind shall be displayed to the public view on any lot except one
professional sign advertising sale, lease or rent. This is not to exclude a builder or
developer from advertising during the construction and sales period.
Page 3 -Cedar Park Subdivision, Phase 1
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16. 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 subdivider or his
appointee(s).
17. 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.
18. Each lot shall have street trees, native or planted, and maintained at the rate of two shade trees
per lot frontage. Comer lots will require four trees, two per street frontage. Each owner of
each lot will be required to meet the tree planting requirements within 180 days after
completion of building. Purchasers are required within 12 months from purchase from the
developer or within 30 days after completion of dwelling, to construct sidewalks along the
front lot line in conformity to standards set forth by the Central Point city engineer.
19. All homes or buildings started on any lot in said subdivision shall be fuushed within six (6)
months. No dwelling shall be occupied for any purpose until such a time as the exterior is
completed and painted.
20. Purchaser is required within six (6) months after completion of dwelling to complete the
landscaping of the front yard of said dwelling. Landscapes are to be well kept. Front yards
are to be reasonably compatible with other existing landscaping in the development. Grass
shall be incorporated into the design of all front yard landscapes and no storage in front yard.
A front yard landscape design plan shall be a previously approved plan or submitted for
review and approval by the Architectural Control Committee prior to landscape work.
21. 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 Committee shall consider the quality of workmanship, materials,
harmony of external design with existing structures, location with respect to topography at
finish grade elevation and so as not to interfere with reasonable enjoyment of any other lot.
Upon failure of the Committee or its designed representative to approve or disapprove in
writing and specifications for 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.
Page 4 - .Cedar Park Subdivision, Phase I
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22. 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 Cedar
Park Subdivision Phase I, 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 impractical to install below ground, including but not limited to
electric transformers. All such persons, public utility companies and authorities in whom such
easements are reserved, shall have the unrestricted right to ingress and egress thereon, for the
purpose of all such construction, use and maintenance, and no building, structure, fence, wall,
or other obstruction shall be placed or maintained within the area of said easements by the
owners of said subdivision, their heirs or assigns. Any such obstruction placed within such
easements by the owners or by any other person may be summarily removed by any public
utility company or authority whose ingress or egress is impeded by such obstruction, and there
shall be no liability to the owner or any other person for such removal. The owner or other
person placing, causing, or permitting such obstruction to be placed within such easements
shall be liable to the utility company or public authority which removes it, for the cost of
removal thereof.
23. Architectural Control Committee members may appoint an alternate to act in its absence
with full voting rights of the member.
24. These covenants and restrictions shall run with the land and shall be binding on all parties
until December 31, 2005, at which time the covenants shall automatically extend for
successive periods often (] 0) 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.
25. The foregoing restrictions shall bind and insure 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. '
~6. In case suit or action is instituted to enforce any of the foregoing restrictions or covenants,
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 suitor action or in any appeal therefrom.
Page 5 -Cedar Park Subdivision, Phase I
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27. Invalidation of any of these covenants shall in nowise affect any of the other provisions which shall remain in full
force and effect.
2004
OFFICIAL SEAL
STATE OF OREGON) OFFICIAL SEAL NOTARYE UBL CAFOREGON
COMMISSION NO. 354244
MY COMMISSION EXPIRES MARCH 20, 2006
~SS._
COUNTY OF JACKSON) G ~.p
1`,, Personally appeared on ~~'~`2~'~h`'~ -I , 2004, the above named ~~-cLn.c~~- d~ - ''~~'
acknowledged the foregoing instrument to be voluntary act.
Notary Public for Oregon
My commission expires ~'rl~^-~~- ~~ ~~ ~'
Page 6 -Cedar Park Subdivision, Phase 1
Dated this__,~% Day of ~ ~