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HomeMy WebLinkAboutCentral Point East - CC&Rs "CENTRAL POINT EAST SUBDIVISION" ~ Declaration of Covenants Conditions and Restrictions for Central Point East Development Project City of Central Point, Jackson County, Oregon C~Op DeCazlow Homes, Inc, an Oregon corporation ("Declarant"), being the party in _ interest of all the real property located in the City of Central Point, County of Jackson, State of Oregon known as CENTRAL POINT EAST SUBDIVISION, PHASES 1 - 4, ("Subdivision") as the same is particularly described in the recorded Plats for this Subdivision on file with the County Clerk of Jackson County, Oregon, does hereby make the following Declaration of Covenants, Conditions and Restrictions ("CC&R's") covering the above described real property specifying that this declaration shall constitute " covenants to run with all the land and shall be binding on all persons claiming under them, and that these conditions and restrictions 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: 1. The purpose of these CC&R's is to insure the use of each lot and pazcel 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 lots in the 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 or site trailers used as temporary sales offices. All homes are to be site built and mobile homes and/or modular homes will not be allowed unless used as temporary sales offices. 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 a private __ garage for not more than three .cars. Other outbuildings incidental to residential use of the lot must be approved in advance by the Architectural Control Committee. ~~' J 5--590 S~ 4. 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. Race cars must be parked within the confines of the garage. No vehicles shall be parked on the sidewalks, or in the front yard or landscaping. 5. 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 except dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. 6. 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 temporary character be used as a residence thereon. Parking boats, trailers, motorcycles, trucks, campers, recreational vehicles, and like vehicles or 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 behind a screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. ~. 7. No dwelling shall be laid out or constructed on any lot in said subdivision where the total square footage of the main structure, exclusive of porches and garage is less than 1,500 square feet. Two story homes will be allowed only on pre-specified lots as approved by the Architectural Control Committee, and shall not be permitted unless the main floor of the home contains at least 1,400 square feet of area; and unless (in the opinion of the Architectural Control Committee) the second story windows or decks of the proposed home to be constructed do not unreasonably infringe on the backyard privacy of the neighbors. The contractors shall keep the construction sites clean of all debris and maintain said sites in a neat and orderly manner during construction. - 8. No poles shall be permitted within the subdivision and no outside radios, TV antennas, or unsightly satellite dishes will be allowed without pre-approval of the Architectural Control Committee. No front yard flag poles, and no front yard or street basketball poles and or back boards will be allowed without pre-approval of the Architectural Control Committee. 9. Unless otherwise approved by the Architectural Control Committee all roofs shall be of architectural composition material, 25 year or more, with dura ridge type application on hips and ridges. All roof colors shall be dark brown, charcoal gray, or 2 ~, -98-59U5~ black (to include "Weathered Wood", "Charcoal Blend" or "Black Oak Blend"; or their equivalent) as may be produced by the various roofing manufacturers. All roof pitch ~ angles to be approved by the Architectural Control Committee must be a minimum of 6"x 12" inch pitch. Roofs shall have fascia and boxed-in eves with an overhang of at least 12", not to exceed 24". 10. All buildings shall be finished in exterior colors 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 surrounding natural features. All exterior color and siding material and window specifications and placements must be pre-approved by the Architectural Control Committee. 11. Except as otherwise provided herein, all fences are to be built with the same exact style and color as are currently built and existing in the "Fairways Edge" Subdivision located on the Rogue Valley Country Club Golf Course in Medford, Oregon. Lot Owners should check with the Architectural Control Committee. All fences are to be well kept. The intent is to have all fences uniform in materials, and they must be sealed and painted in the same color as the fencing indicated above (or its exact equivalent) and be approved by the Architectural Control Committee. Fences shall not be allowed on the front lot line adjacent to the street . Rear lot line and side fences are required. 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 a sight obscuring fence located ~r on the remainder of the lot shall be six (6) feet in height. Except for exterior perimeter fences and fences on any Privacy-Barrier as described herein, all other fences shall be well constructed of cedar wood and painted to match existing fencing as indicated in Paragraph 12 above, 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 dwelling 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. To set the Central Point East Development apart from and above a standard subdivision, and to provide neighborhood identification, instead of the above fencing a contiguous 6' perimeter fence shall be erected along the outer edge of the Central Point East Subdivision along Biddle Road and Hamrick Road, and on any Privacy-Barriers. Said fencing shall be grey and white in color and made of the same type and style of vinyl fencing and material presently used in the "Meadowbrook Park Estates" P.U.D. located in the City of Ashland, Oregon. 12. All garbage receptacles and cans shall be kept clean and sanitary and shall be screened from ordinary view from adjoining lots and streets. Recessed or sunken garbage cans need not be fenced or screened. 3 5~ yb-59056 13. All firewood and other materials stored on any lot shall be screened from the ordinary view from adjacent lots and streets. 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 for sale, lease or rent. This is not to exclude a builder or developer from advertising during the construction and sales period. 15. No swimming pool shall be constructed in any front yard area of a lot in said subdivision. 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. 16. The construction of a home on any lot purchased must begin within six (6 ) months from the date of the closing of the lot purchase. Any lot sold by the Declarant and not built on immediately is to be maintained in such manner that it's appearance is not unsightly and grass and weeds are to be cut at regular intervals, so that any plant growth does not exceed ten (10) inches in height. Home construction shall be completed within six months from commencement. 17. Each lot shall have street trees (pre-approved by the Architectural Control Committee) planted and maintained at the rate of two shade trees per lot frontage. Corner `,, lots will require four trees, two per street frontage. Each owner of each lot will be required to meet the tree planting and front yard landscaping requirements upon the completion of building. If sidewalks are not to be provided by the Declarant, then purchasers are required within 12 months of purchase, or within 30 days after completion of the dwelling, to construct sidewalks along the front property line in conformity to standards set forth by the City of Central Point. 18. All landscaping of the front yards of dwellings being constructed on any lot in said subdivision, shall be finished within ninety (90) days after the construction of said dwelling or as soon thereafter as possible. All front yard landscaping is to be pre- - approved by the Architectural Control Committee. All landscaping is to be reasonably compatible with other existing landscaping in the development. Grass shall be incorporated into the front yard landscaping as its main feature, and there shall be no storage in the front yards; or storage in the side yards unless the side yards are properly screened or fenced as approved by the Architectural Control Committee. All landscaping shall be reasonably maintained at all times. 4 ~~ . ~b-SyUS~i 19. 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 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 elevation, and so as not to interfere with the ' reasonable enjoyment of any other lot. Upon failure of the Architectural Control Committee or its designed representative to approve or disapprove in writing any specifications for the 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 the - provisions otherwise in these declarations. 20. Easements are hereby reserved to the Declarant, its Successors and Assignees, Corporation, 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 impractical to install below \,.. ground, including but not limited to electric transformers. All of such persons, public utility companies and authorities for whom such easements are reserved, shall have the un-restricted right to ingress and egress thereon, for the purpose of all such construction, use and maintenance, and no building, structure, fence, wall, tree, hedge, bush, shrub or other obstruction shall be placed or maintained within the area of said easements by the Owners of the lots in the Subdivision or their Heirs, Successors and Assigns. Any such obstruction placed within such easements by a Lot Owner or any other person shall be immediately removed. The Lot Owner or person placing, causing or permitting such obstructions to be placed with such easements shall be liable to the utility company or public authority, or other entity, which removes it for the cost thereof. Z1. These CC&R's shall run with the land and shall 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 by 70% of the Lot Owners has been recorded agreeing to change these CC&R's in whole or in part. '~,, 5 ~ 17 98-5905 22. The forgoing 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 Owner or Owners of r'te' the lots in the Subdivision and their Legal Representatives, Heirs, Successors or Assigns, and failure either by the Owners above named or their Legal Representative, Heirs, Successors or Assigns to enforce any such CC&R's shall in no event be deemed a waiver of the right to do so thereafter. 23. 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 and in any appeal. 24. Invalidation of any of these CC&R's shall in no way affect any of the other provisions which shall remain in full force and effect. 25. The 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, gazage and out-buildings to be constructed upon each lot in the Subdivision (including the front yard landscaping and placement of improvements upon the lot) shall be approved by the Architectural Control Committee before construction may commence. Approval thereof shall include having decorative masonry stone or brick on the front of the home, lap siding on all four sides, and said approval shall be obtained by written application of the owner to the Architectural Control Committee primarily as to conformity with the standards set forth herein, and harmony of external design with existing structures. 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 pazcel 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 other provisions in these covenants. A. Establishment of Architectural Control Committee. The Architectural Control Committee, during development of the Subdivision, shall consist of representatives from or appointed by the Declazant. Declarant shall have exclusive control and final approval over azchitectural design of all homes within the Subdivision, until 100 percent of homes within the Subdivision aze developed, or until the Declarant voluntarily transfers control of the Architectural Control Committee as defined herein. Any member of the Architectural Control Committee as defined herein. Declarant may be contacted in writing at 814 E Jackson Street, Suite A, Medford, Oregon 97504: Telephone (541) 772-3378. All approvals must be in writing unless `, 6 ~~ ~~-~'~ otherwise provided herein. '`•- B. Liabili .Neither the Architectural Control Committee or any member thereof shall liable to any owner, occupant, builder, or Declarant for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, ' acted in good faith. Upon Declarant's voluntary transfer of control of the Architectural Control Committee as set forth herein, Declarant shall have no further liability hereto. C. Transfer of Control. Declarant shall appoint the members of the Architectural Control Committee for the Subdivision until 100 percent of the lots and homes in the Subdivision are sold, or until Declarant voluntarily transfers and appoints such right and control to three (3) Home Owners. Each Home Owner Member appointed to the Architectural Control Committee by Declarant shall serve a one year term to begin from the date of appointment. Home owners within the Subdivision, within 20 days of a current Architectural Control Committee Member's term expiration, may submit their name for appointment to the Architectural Control Committee. A New Member shall be appointed by an outgoing Member when his or her one year term expires. If there are no applicants for appointment to the Architectural Control Committee, then the Architectural Control Committee 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 Architectural Control Committee after control has been turned over by Declarant, shall be at an address and telephone number designated by the Members. Decisions by the appointed Committee Members will be decided by majority vote. D. Central Point East Development -Maintenance Committee. Inc., a non- profit corporation (Corporation). This Subdivision is located in what is known as the "Central Point East Development" (neighborhood) which also contains another Subdivision known as the White Oak Estates Subdivision. Lot Owners in both Subdivisions will share costs of maintaining the below described Common Improvements, which have been constructed for the respective homeowner's privacy, and mutual benefit. Declarant has established an Oregon non-profit corporation known as Central Point East Development -Maintenance Committee, Inc., which Corporation will hold title to Common Improvements as set forth below or hold the beneficial interest of easements affecting the Common Improvements as set forth ~ ~~ 98-59056 below and also will be the entity charged with the duty to collect the maintenance assessments as set forth below. The Architectural Control Committees from Central Point East Subdivision and from White Oak Estates Subdivision shall each appoint one of its members to be a member of the Common Improvements Maintenance Committee ("Committee"). The members of the Committee shall constitute the members of the Corporation. The Committee, through the Corporation, shall be responsible for inspecting, maintaining and insuring the below described Common Improvements, and their duties shall be as follows: The Committee shall bill and collect funds from Lot Owners as may be needed for inspection, maintenance, insurance and other out-of-pocket expense, and - ~ the funds shall be placed in a bank account to pay for said costs. The Committee shall contract with an efficient landscape and maintenance company entity to maintain the Common Improvements (as are herein defined), which maintenance is the joint responsibility of the Lot Owners of the Central Point East Subdivision and of the White Oak Estates Subdivision. E. The Common Improvements. The Common Improvements located within the Central Point East Subdivision include: (1) The perimeter fencing along Hamrick Road and Biddle Road, (2) Fencing associated with ~' any Privacy-Barrier as shown on the Official Recorded Plat of the Subdivision, (3) The landscaped easement area located behind any Privacy- Barrier fencing, (4) The landscaped planters located at the entries to Central Point East Subdivision at Biddle Road and Hamrick Road, and the signs, lighting, sprinkler systems and landscaping associated with the Common Improve-ments located within the Central Point East Subdivision as shown on the Official Plats recorded in the Jackson County Records. The Common Improvements located within the White Oak Estates Subdivision include: (1) Fencing associated with any Privacy-Barrier constructed as shown on the Official Recorded Plats of the Subdivision, (2) The landscaped easement area located behind any Privacy-Barrier fencing, (3) The White Oak Estates Subdivision sign located at the entry thereto, and (4) The lighting, sprinkler systems and landscaping associated with the Common Improvements shown on the White Oak Estates Subdivision as shown on the Official Plats recorded in the Jackson County Records. F. Costs of Common ImQrovements Maintenance and Insurance. The Committee, acting through the Corporation, shall share the duties described herein, and shall collect the above described funds, which are presently `. s 5~ 98-59U5ti estimated to be a total amount of $25.00 per lot, per year. Said costs will be apportioned to each lot developed in the Central Point East Subdivision ~'" and in the White Oak Estates Subdivision; and each Lot Owner shall make payment to the Corporation at its designated address shown on the billing invoice within 30 days of when billed. G. Enforcement. Each amount levied shall be a separate, distinct and personal debt and obligation of the homeowner at the time such assessment became due and payable. The Corporation shall have the right to record the lien and assessment against any Lot Owner who fails to pay the required assessment within 90 days of its due date, and the costs incurred by the Committee and the Corporation to enforce, record, or satisfy the lien shall ' ~ also be owed by the Lot Owner and shall constitute a lien on the delinquent homeowner's property. If the total amount owed by the Lot Owner (as herein defined), is not paid by the Lot Owner within 30 days after a lien is recorded, the Corporation shall also have the right, if necessary, to foreclose on the outstanding liens. This right of the Committee and Corporation does not replace or prohibit the Committee or Corporation from exercising any other right either by law or pursuant to these declarations of conditions and restrictive covenants. In the event the Corporation brings an action to enforce each such lien and assessment obligation, any judgment rendered in any action shall include a sum for reasonable attorney's fees in such amount `' as the court may adjudge against the defaulting homeowner, including reasonable attorney's fees on appeal. H. Insurance Provisions. The Committee shall obtain and maintain at all times insurance as set forth herein, including insurance against fire, vandal- ism and malicious mischief, where applicable and appropriate, with endorse-ment for extended coverage or other perils for the full insurable replacement value of the Common Improvements located in the Central Point East Subdivision and the White Oak Estates Subdivision as defined _ herein. All improvements which the Committee decides should be insured in the Common Improvement areas shall be insured in an amount to be determined annually by the Committee and such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard, extended coverage endorsement; (2) Such other risks as from time to time shall customarily be covered with respect to similar construction as found in the Common ti... 9 5? 9s-59o~~ Improve-ment areas, including but not limited to, vandalism and ~ malicious mischief; and (3) In addition, public liability insurance in such amounts and with coverage as determined by the Committee shall be obtained for bodily injury and property damage and in no event shall the insurance be less than $1,000,000 for bodily injury with respect to any one accident or occurrence, and $1,000,000 with respect to any claim for property damage. The Committee shall have the right to buy other types of insurance that it reasonably believes prudent to purchase for the protection of the Common Improvements. The liability insurance shall include the Architectural Control Committee, the Common Improvement Maintenance Committee and Corporation as named insureds. 26. Special Provisions: That attached hereto marked Exhibit "B" and by this reference incorporated herein are the Restrictive Covenants pertaining to the PRESERVATION AND MAINTENANCE OF TREES within the Subdivision. That attached hereto marked Exhibit "C" and by this reference incorporated herein are the Restrictive Covenants pertaining to the PRESERVATION AND MAINTENANCE OF PRIVACY-BARRIER that may be located between the Subdivision property and any adjacent commerciaUindustrial land. That attached hereto marked Exhibit "D" and by this reference incorporated herein is the DEED DECLARATION for any lots located in the Subdivision specifying that the Owners of such lots shall accept as normal and necessary all existing commercial or industrial uses on the adjacent properties that may border such lots. The Deed Declaration shall be executed by any purchaser of and shall attach to all the lots referred to above. IN WITNESS WHEREOF, the authorized signor for Declarant herein, has hereunto set his hand and seal this I ~- day of j~~ ;.; ~, ~ ~ rr,1~-~ ~ " 191`! . DECLARANT: DeCARLOW HOMES, INC., an Oregon corporation. _ `,,, 10 98"J9UJF STATE OF OREGON ) )ss. ~'` COUNTY OF JACKSON ) The foregoing instrument was acknowledged before me this~~day of ~~ f'f1~. ~" , 19~i~, by ~ ~~.> ~.~~ 1 as authorized signor for DeCarlow Homes, Inc. NOTARY PUB C FOR OREGON My Commission Expires :^ yi , C~^ OFFICIAL SEAL JUDY MARE NOTARY PUBLIC-OREGON COMMISSION NO. 313540 MY COMMISSION EXPIRES JUNE 14, 2002 it EXAIBIT "A" se-ssoss i.EGAL. DESCRiPTiON Commencing at the Southeast corner of Donation Land Claim No. 55 in Section 1, Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence North 00° 10' 20" West (Record NORTH), along the Easterly boundary of said Donation Land Claim, a distance of 1413.72 feet; thence leaving said Easterly boundary, North 89° 37' 14" East (Record EAST) a distance of 28.51 feet to a point on the Easterly right-of--way line of Hamrick Road, said point being the most Westerly Southwest corner of Tract A, described in Instrument No. 95-21212, of the Official Records of said Jackson County for the POINT OF BEGiNNiNG; thence North 00° 13' 57" West, along said right-of--way, and the boundary of said Tract A, a distance of 1056.62 feet; thence North 89° 44' 10" East, leaving said right-of--way, a distance of 238.76 feet; thence South 00° 15' S0" East, leaving the boundary of said Tract A, a distance of 56.93 feet; thence South 48 ° 06' S8" East 102.95 feet; thence South 40° 46' 44" East 73.57 feet; thence South 35 ° 27' 41 "East 52.05 feet; thence South 38° 00' 16" East 803.94 feet; thence South 38° 29' 48" East 52.00 feet; thence South 38° 00' 16" East 122.68 feet; thence South 19° 16' 32" East 44.28 feet; thence South 14° 10' 28" East 97.86 feet to a point on the Easterly boundary of the aforementioned Tract A, said point being monumented with an iron bolt; thence South 21 ° 57' S2" East, leaving said Easterly boundary, a distance of 61.00 feet; thence South 14° 53' 37" East 428.96 feet; thence South 28° 24' 00" East • 87.30 feet; thence South 50° 00' 43" East 350.96 feet; thence SOUTH 49.11 feet; thence South 89° 59' S0" East 69.00 feet; thence South 75° 11' 14" East 53.79 feet; thence North 89° 35' 19" East 85.77 feet to a point on the aforementioned Easterly boundary of Tract A; thence South 56° 18' 07" East (Record South 56° 19' 46" East) along said Easterly boundary, a distance of 57.98 feet; thence SOUTH 260.04 feet; thence North 89° 59' 20"West 333.48 feet; thence South 00° Ol' 14" West a distance of 203.085 feet to a point for the Northeast corner of Tract B, as described in the aforementioned Instrument No. 95-21212; thence continue South 00° Ol' 14" West along the boundary of said Tract B, a distance of 50.43 feet to a point on the Northerly right-of--way line of Biddle Road; thence North 85° 47' 08" West along said right-of--way, a distance of 40933 feet; thence along the arc of a 11509.156 foot radius curve to the left (the long chord to which bears North 86° 06' 08" West 126.21 feet) an arc distance of 126.21 feet; thence North 03° 35' O1" West 8.21 feet to a point on the boundary of the aforementioned Tract A; thence South 89° 37' 14" West along said boundary a distance of 153.38 feet; thence leaving said right-of--way North 00° 10' 20" West 247.95 feet; thence leaving said boundary South 89° 59' S0" East 120.00 feet; thence North 00° 10' 20" West 235.33 feet; thence South 89° 37' 14" West 120.00 feet to a point on the aforementioned boundary of Tract A; thence North 00° ] 0' 20" West along said boundary 571.52 feet; thence leaving said boundary North 89° 49' 40" East 117.51 feet; thence North 75° 06' 23" East 96.55 feet; thence North 14° 53' 37" West 262.25 feet; thence South 51 ° 59' 44" West 101.00 feet; thence South 89° 3T 14" West 64.48 feet to a point on the aforementioned boundary ofTract A; thence continue South 89° 37' l4" West, leaving said boundary, a distance of 438.94 feet; thence North 00° 13' S7" West 143.72 feet to a point on the aforementioned boundary of Tract A; thence South 89° 37' 14" West, along said boundary, a distance of 265.00 feet to the Point of Beginning. REGISTERED PROFESSIONAL IAND SURVEYOR i~ OREGON JULY 14, 1998 -.--- __ - RANDY L. FITCH EXPIRES' ! 2 - 3 / - 99 C.P. East, Phases 1, 2, 3 & 4 (97-140, 97-141, 97-142, 97-143) November 6, 1998 (cpe 1234.r1E) Randy L. Fitch L.S. 2867 -Oregon Expires 12/31/99 Hot~buhr & Associates, Inc. ~~ 1 ~' / _. _ _ 9£3-59056 EXffiBTT "B" (Restrictive Covenant) _ The Declarant, does hereby make the following Restrictive Covenants for the above ~escribed~ real property specifying that these Covenants shall rim with all of the land and shall be binding on all persons claiming under such land and that these covenants shall be for the benefit of, and a lirnitation upon, all future owners of said real property. The purpose of these Covenants is to ensure that the use of the subject property by the residents _of the Subdivision, will be in accordance with the Covenants set forth herein, specifically relating to the preservation and maintenance of trees located within the Subdivision. The following Restrictive Covenars apply to the property described in Exhibit "A": 1. After the development of applicable phases of the Subdivision, Declarant, and its Legal Represenatives, Successors, Assigns and Lessees~are restricted from removing any trees from the property, unless it is determined by a licensed arborist that a tree is dead, diseased or causing safety or growth problems on the Subdivision property. In the case of authorized removal a comparable tree shall be planted and maintained by the Lot Owner upon whose property the original tree was located. `r 3. The foregoing Covenants shall bind and enure to the beneft of, and be enforceable by a Suit in Equity or an Action at Law for damages by the Owner (s) of the above described property, and their Legal Representatives, Heirs, Successors or Assigns. Failure to enforce any of such Covenants shall in no event be deemed a waiver of the right to do so thereafter. 4. The City of Central Poirrt, Oregon, a political subdivision of the State of Oregon, shall be considered a party to these Covenants and shall have the right, if it so desires, to enforce the same by Judicial or Administrative Proceeding. The Restrictive Covenants corrtained herein cannot be removed or modified without the written consent of said City. ~. to case a suit or action is instituted to enforce arty of the foregoing restrictions or covenants, the prevailing party in such suit or action shall be entitled to recover from the losing _ _ _ _ party such sum as the court or courts may adjudge reasonable as attorney's fees in such suit or action or in any appeal thereof hrvalidation of arty of these Covenanrts shall not affect any of the other Covenants which shall remain in full force and effect. ~~ ~~ 98-5905Ei EXHIBIT "C" ~ PRESERVATION & MAINTENANCE OF PRIVACY BARRIER (Restrictive Covenant) _ The Declarant does hereby make the following Restrictive Covenants for the described real property, specifying that these Covenants shall run with all of the land and shall be binding on all persons claiming under such land and that these Covenants shall be for the benefit of, and a limitation upon, all future owners of said real property. The purpose of these Covenants is to ensure that the use of the above described real _property by future residents of the Subdivision, will be in accordance with the Covenants set forth herein, specifically relating to any Privacy-Barrier constructed and located as shown on the Official Subdivision Plat, which consists of a landscaped berm, fencing, vegetation and an irrigation system. The following Restrictive Covenants apply to the property described in Exhibit "A" 1. Declarant, and its Legal Representatives, Successors, Assigns, and Lessees hereby acknowledges and agrees to accept by the placement of this Covenant or the acceptance and recording of this Instrument, that the area between any Privacy-Barrier fence and the outside boundary of the Subdivision, the landscaped berm, the vegetation, and the irrigation system ~ located thereon, shall be maintained by the Common Improvement Maintenance Committee as described in the Subdivision, Declaration of Covenants, Conditions and Restrictions, ("CC&R's") to which this Exhibit "C" is attached and that said Common Improvements Maintenance Committee hereby is granted an easement to enter upon the area between the Privacy-Barrier fence and the Subdivision boundary for said purposes; and also has the benefit of an Easement as shown on the Official Subdivision Plat for an irrigation water meter, control valves and pipe which supplies the water to the irrigation system and to the Common Improvements lighting systems, referred to therein. 2. Declarant, and its Legal Representatives, Successors, Assigns and Lessees shall at all times maintain the above referred to Privacy-Barrier, landscaped berm, fence and vegetation located within the property owners' back-yards between the Privacy-Barrier fence and the Lot Owners' home, in the same or similar manner as originally constructed. 3. Declarant, and its Legal Representatives, Successors, Assigns and Lessees are restricted from removing any trees from any Privacy-Barrier, landscaped berm and vegetation remaining after the Subdivision is completed, unless it is determined by a licensed arborist that a tree is dead, diseased or causing safety or growth problems in the Privacy-Barrier, landscaped berm, fence and vegetation. In the case of authorized removal a comparable tree shall be planted and maintained by the Lot Owner. ~ ~ ~~ • 9~-S9U5b 4. These Covenants shall run with all of the land that is located adjacent to any Privacy- , Barrier areas referred to in Paragraph 1 above and shall be binding on all persons claiming under them and these Covenants shall be for the benefit of and limitations upon all future owners of said real property. 5. The foregoing Covenants shall bind and enure to the benefit of, and be enforceable by a Suit in Equity or an Action at Law for damages by the Owner or Owners of the above described real property and their Legal Representatives, Heirs, Successors or Assigns. The failure to enforce any of such conditions or restrictions shall in no event be deemed a waiver of the right to do so thereafter. 6. The City of Central Point, Oregon, a political subdivision of the State of Oregon, shall .be considered a party to these Covenants and shall have the right, if it so desires, to enforce the same by Judicial or Administrative Proceeding. The Restrictive Covenants contained herein cannot be removed or modified without the written consent of the City. 7. In case a suit or action is instituted to enforce any of the foregoing Covenants, the prevailing party in any such a suit or action shall be entitled to recover from the losing party such sum as the court or courts may adjudge reasonable~as attorney's fees in such suit or action or in any appeal thereof. Invalidation of any of these Covenants shall not ai~ect any of the other Covenants which shall remain in full force and effect. ~ 2 15' ~fi- EXHIBIT "D" ~.r LOT NUMBER (S) ',..~ The above described residential lot (s), which is a part of the Real Property described in Exhibit "A" of the Covenants, Conditions and Restrictions ("CC&R's") to which this Exhibit "D" is attached, is located adjacent to designated commercial or industrial land, and it is understood that owners and occupants of a residential dwelling located on this lot may be Subject to the various types of odor or noise brought about by the customary and accepted operation of the businesses located thereon during their normal course of business. The purchaser or purchasers of the above described lot, by signing below, accept as normal and necessary, said approved uses on the adjacent commercial and/or industrial parcels. SIGNED THIS DAY OF , PURCHASER (S) Jackson County, Oregon Recorded OFFICIAL RECORDS DEC 1 8 1998 ~=/2 ~ ~~~ COUNTY CLERK V