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HomeMy WebLinkAboutFederal Way Business Park - CC&Rs10/1412008 10:13 5416086169 GALPIN LLC PAGE- 02/07 Jackson County Official Records 2008.037983 R-pR Cr-t=1 Stn=6 HELMANC~1141Z008 08:58:67 AN X30.04 $5.00 $B,OO $11.OD Total;$51.00 073 753200800378830060087 4 ChMathw Walker, County CNrk forJackaon Caynry, Ortpo„r certiry that the InettvmantldentMod hereto was reCOrtl~tl to the cNrk no0rtla. Christine Walker- County Clerk Declaration of Coveaaant, Conditions, and Resttr~ctions Fedex~ Way Business Park In Central Point, Jackson Couuuty, Oregon `fir ~H.E UNDE~,tSYGNED, being the ownezs and parties inn interest of all of the real PxoPeriY known as "FEDI?R.AI, WAY BiTISNESS PARK" in the City of Central Point, Jackson Cov~aty, Oregon, do hereby make the fo)rlowing declaration of conditions sad reatrIctians covering $ll of the said real property within Federal Way Business Park 88 the same appears ou the map and plat thereof zeeorded is Volutae ~^, at page 53 ~ , on Oct- t O , 2008 of the Recorcl9 of the town plats of Jackson County, Oregon specifying that this declaration shall constitute covenants to run with all of the land and shall be binding upon all persons clainung under them and that these conditions and restrictions shall. be for the benefit of and the limitations upom the undersigned, their heirs, or any Portion thereof, and the same are hereby made a part of all comveyaaces of real property within the said subdivision as follows: ARTICLE I DEVELOPMENT COVENANTS (1) LAND USE and BUII.DING TYPE Lots and buildings shall be used for industrial and co,0uonercial purposes only, and as approved by a conditional use permit except as specifically provided for im this Declaration. No building shall be erected, altes'ed, placed, or pemuttefl to remain orl any lot without the approval of tbo Architectural Co~octrol Com~ittae ("ACC"). No building shal(be oeeupiecl until the buildng is 100% complete. A,coetxts, such as masonry, will be a regturenn,~ent on the front elevation of the maim; staucture. (2) BUaLD~IG SETBACKS Setback regwirements are speciifically defined inn the City of Central Poiirt's zoning ordina~aces. (3) LANDSCAPING (a) Landscape P an. The iuoaprovement of all Lota shall incorporate a landscape plan, 1-DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS 10/14/2008 10:13 5416086169 GALPIN LLC. PAGE 03/07 ~ Landscaping shall be designed, installed, attd completed pursuant to standards adopted by the ACC and the City of Central. Point industrial zoning ozdinauce, The plan, including soil removal or addibious and contour grading, shall be approved in writing by the ACC prlor bo eobamcncement of any landscape work being dooae. The owner shall iaatall, aU landscaping v-ithia six (~ months from the date of completion of the atxactures ualcss a a-ritten variance is gra~utcd by the ACC. Landscape plans small include a drainage plan. All drainage p~ must be designed to eliminate e,~cess water pooling or excess drainage to adjacent lots, All proposed retaining and feature walls must be shown. on the site plans and landscape plans. (b) Street Trees. Within thirty (30) days aRer completion of the stzncb~u'es, or within eight (8) - ntonths after the purchase of the Lot, whxcbever occurs first, Owners are required to plant one (1) street trees per seventy-$ve (75) foot stn~et frontage in the street parlcWay oz as located by ACC together with irrigation for said trees. free planti~ags shall have at lease a 1 1/2"'trunk diameter at the time of installation. Street trees shall be izzigated with an sutonaatice underground irrigation system.. A variance may be obtained from the ACC for completion of these conditions if the stractux+es on said lots are under eonstniction. (c) Landscave Maintenance. Landscaping is to be well maintained and shall zmnain in couform~anee with the a~guual approved plan unless changes are app~coved by the ACC. (4} EASEMF.I~TTS Each Lot shall be conveyed to Owners, other than Developer, and thereafter held by such Owners, ~ their successors and assi~,gns subject to say and all easements of record at the time of the initial conveyance of the particular Lot involved to an Owner other than Developer for the use and benefit of the several authorized public and/or ether utilities, including but not liauited to, cable television, sanitary sewers, water, gee, and eiecbrical and drainage easements, and no Owner shall daxgagc or interfere with the installation and maintenance oi'such utilities, or iua any manner change the direction or flow of drainage channels in any such easements, or in any ~oonuver obstruct or retard the flow of water through drainage cb~aamels in any such easements. (~ STORM DRAINS Unless specifically provided for in the development, all lots shall meet water detention and purification standards adopted by the City of Central Point. (ti) BUSINESS or C011UVVIERCIiAL USES Federal Way Business Park is an industrial and camnaemcial subdivision, Approved uses are listed within the M1 Industrial Zone Ordinance of Cepttx~al Point. Com~aaercial usos arc allowed in the zone with a conditional use permit issued by the GSity of Central Point, if recuired, Provided that tltcy are a bemeSt to the industrial users or are approved in the zone by the utndcrci$ned. ('n PAItK,Q~iG amd STORAGE 1\1'o vehicle of any type shall be parked or left on any portion of the Property otbez' than within a Lot's boundary. This provision does not ~xelude paiidng on streets provided such paiidng loeatiou is approved by the City of Central Point. 2- DECLARATION OF CONDITIONS, COVENAANTS, AND RESTRICTIONS / i 10/14/2008 10:13 5416086169 GALPIN LLC PAGE 04/07 (8) NUISANCES No nouous or offensive activity shall occur on any lot nor shall aayt)b~ing be done thereon which maybe, ox may become, an atinogance or nuisance to the development. (9} TEMPORARY STRUC~.''ITRES No trailer, teat, shack, garage, barn, moto~C home, or other teuzporary buildixtg ox structure of any kind shall be used at say time foa~ a resilience either tc~auporaiy or perm~avent. Temporary buildings trailers or structures may be used by Developer during the sales and ooxistruction or improvement of Lots, but shall be removed witha~n a reasonable period of time after the completion of construction. (10) FENCES and HEDGES (a) The maximum height of a site obscuring fence or hedge shall not exceed six feet (B') in height unless the business foCated thereon has a need for additional security then the height of the fence may bs raised to eight (8') feet. Fences shalt be well constructed and the use of vinyl coated chain link in black is approved. Fence locations and any other fencing material wn11 require approval of the ACC. (11) SIGNS No sig~ass shalt be erected or plaoed on aqy lot eatcept one (l) "For Sale" or "For Rent" sign placed ~ by the Owner, the Developer, or by a licensed real estate agent not exceeding twenty-fom inches (24'~ in height and thirty-six ittclk~cs (36") in width with restrictions concerioing Aaounting and stands. (12) ANIlIZALS All pets must be kept on a leash whew on public ways. The owner or caretaker of such pet will be z+esponsible for the cleanup weeds caused by the pet. (13) GARBAGE and REFUSE AISPOSAL No Lot shall be used or maintained as a durupirAg ground for rubbish. Trash, garbage, ox other waste, shall be kept in sanitary, covered containers and restricted £tom view. (14) COMPLETION OF CONSTRUCTION Cor4stxuction of any structures shall be completed, iwcluding exterior decoration, within eighteen (18) months from the date of the start of construction unless a wri~ttert extension is granted by the ACC. All lots sb~a11, prior to the com~stxuction of impx+ovemarts thcrcoi; bfl kept in a neat and orderly coadztion amd free of bnish, vines, weeds, debris, and the grass thereon cut or mowed at su~cicnt iaitervals to prevent tJae creation of a nuisance ar fire hazard, and iu accordance with the City of Cemtral Poi.~at ordina~o~ces. (ls) sIDEwALKS ~,. Witb,iuot thirty (30) days after completion of the structures or with in two years of purchase of the lot, 3- DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS ~ ~ 10/14/2008 10:13 5416086169 GALPIN LLC PAGE 05107 owxters a;e requu~ed to comstruot sidewalks along the front and side (corner lot) of tb,eir lat in conformity with the standards set forth by the City of Central Point, unless an extension is granted in writing fxnm the Architechu~al Control Committee. ARTICLE li ARCHITECTURAL CONTROL COMIVIIZ°rEE (1) MEMBEItSHLP: APPO)fNTMENT smd REMOVAL The Architecuual Control Committee, hes+einafter referred to ag the Committee, shall consist of as raat~y persons, not less than two (2), as the Declarant may from, time to t~ooe appoint. Declarant may remove any member of the Committee from office at any tune, and may appoint new or additional members at any time. Declarant aliall keep om frle at its principal office, a list of names and addresses of members of the Committee. The powers and duties of such Committee shall continue until one year after completion of construction of all structures. (2) PROCEDIIRE3 In the event the Comnnittec fails to approve or disapprove the plans within fifteen {l5) days after plans and specifications have been submitted to it, approval. will mot be z equirod and the related covenants shall be deemed to i'uUy comply. (3) ACTION Fxoeprt as otherwise provided herein, aay member of the Architectural Control Committee sbaU have power to act oa behalf of the Committee without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisirna omly by written instrurneut setting forth the action taken by the members consenting thereto. (3) APPI.tOVAL OF PLANS BX A1[t,Cl~LT1wCTURAL CONTROL COMMITT)E'E No building or structure of any kind shall bo commeoced, erected, placed or altered ozl any lot until the constructlon plains sad specifications, and a plan showing the nature, shape, height, materials, colors, togetb,er with detailed plans showing rho proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. (4) NON'WATVER Consent by the Committee to any matter proposed to it and withi:o~ its jurisdiction under those cove~asuats shall sot be deemed to coAStitutc a precedent or waiver i~oapaixiw.g its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. Neither the Committee nor any member thereof shall be liable to say owner, occupant, builder or ~- Declarant for any damage, loss or prejudice suffeczd or claimed on account of say action or failure 4~ DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS I/ _ 10/14/2008 10:13 5416086169 GALPIN LLC PAGE 06/07 to act of the Committee oz a member thereof. A1tZTIQ.E III GENE)EtA.L PItOVIlSIONS (l) TERM These covenants shall run with the land with respect to ail property within Federal Way Business Pazk and shall be binding on all parties and all pezaoms elai~aaing under them until ameAtded or ~volced in, flee baa~azucr provided herein. Tbiese declarations conditions aid cove~lts can be tezmuinated and revoked or amended only by duly recording an ine'krut~pe~t which contains an agreenteat pzovxduag for termination and zevocation or amendment, end which. is signed by the owners of a majozity of the platted lots. (2) ENFORCEMENT Should any person violate or attempt to violate any of the provisions of these covenants, the Declarant, or any other pezsom oz persons owning any zeal property em'bxacea within the plat, at its or thaix option shall hav~o full power and authozlty to prosecute any proceedings bylaw oz in equity against the person or persons violating or attempting to violate any of said covenants, either to pzevq~,t the doting of such ox to recover damages sustained by reason of such violation. Failure by owner to enforce any covenant or restriction herein contained shall in no event be deeaned a waiver of the to do so ~. Should the Dealarazxt employ counsel, to enforce any of these covenants, conditions or restrictions, by zeasoza of such violation, all costs incurred in such, enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots on which the Violation, Ines occurred and the Declarant shall beve a liem upoxx such lot or lots to secure payment of all such accounts. (3) SEVE><2ABILITX Iiavalidation of any one of these covenants by judgment or court ozdex shall in no way affect any of the other provisions which shaII remain ip, full force and effect. (~t) LIlVITT,~ITION OF LIABILITY OF DECLARANT Declarant sb~all ntot be Diable to any owner on account of any actiozr oz failure to act in performing its duties or rights hereunder. // // // // // // // // ,~ // 5-DECLARATION OF CONpTTIONS, COVENANTS, AND RESTRICTIONS ~ .~ X 10/14/2008 10:13 5416086169 GALPIN LLC PAGE 07/07 IN WZ'Z'NBSS WHEREOF, Declarant bas caused this Declaration to be executed this 72"day of Scptcmbcr 2008. FEDERAL, w.A.x P,A_RK S C. A. Galpin, "Aevelopcr" ST,A,TE OF OREGON ) STATH OF OREGON ) ) SS: County of Jackson ) 2008 Personally appeared C.A. GALPIl~T who, being duly swop, did say he is the manager of FEDERAL WAY BUS~SS PARK a limited liability eoznpany, anal that said instzuvacnt was signed in behalf of said limited °4. liability oompamy by authority of its ~artcmbers; and aclmowledged said inatruz7ae21t to be ite voluntary act and deed_ Before nue: Notary Public for Oregon My CQission lJxpires: . ~y,~~© OFFICIAL SEgL NOTARY UBLIC OREQON MY COMMISSiOHIS~REB OCr 1og720T0 6- DECLARATION OE CONDITIONS, COVENANTS, AND RESTRICTIONS