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HomeMy WebLinkAboutMiscellaneous APPLICANT 4/26/2007 '\.: "';'1' , ~."~ . ., r "\ , . .~ . , "~'c . p.. PLAT ,DOCUMENT # .Division of Chief Depuly Clerk 2001.02~O~6 Lane Counly Deeds and Records . "~~ \\1\\\\1\1\1\\ 1\111\111111111111111111\1111\ \1:1\\ $146,00 0090293920070028086001001304/26/200701 :58:25 PM RPR-SUBD Cnt=1 Sln=6 CASHIER 07 $5,00 $120.00 $10,00 $11,00 , This document is a SUBDIVisION . J ~I .- ' . , '.' KING HENRY.COURT Owner: G&R Bui1dinQ: ConceDts. Inc. & JLA Investments. LLC . . . Dedicatee: Cinrof Sotingfield . . ~,..., . .' '.- Twn. 178 Rng. 3W, S'ec.24 . . '.' . . }" ',.'.;' LANE COUNTY DEEDS & RECORDS 10 .-Lots -L - Slickers ~ - Res, Numbers . AFTER RECORDING RETURN TO: . Lane County Surveyor's Office \{ "... DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION , FOR KING HENRY COURT' , 1888 HAYDEN BRIDGE ROAD SPRINGFIELD, OREGON,97477 I . . This declaration is made on the datehereinafier set forth by Walter A. Drews.'President. of G & R Buildin... Conceats. Inc. and ,Jack H, Louie. Member of JLA Investments. LLC. an Oregon Limited Liability company, 1135 Cal Y ounl! Road. Eueeue, . OR 97401. Hereinafter referred to as "DecIarants", Declarants are the owner of certain real property in the City of Springfield, Lane County, Oregon, which is more particularly . described as: Lotsl through 10, King Henry Court, Springfield, Oregon as platted and recorded in-tile 200;7-. ~ 2 {1'0 R 6 , Lane County Piat Records in Lane County, Oregon, . Declarants hereby declares that all the properties above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions. Which are for the pmpose of enhancing and protecting thevalue, desirability and attractiveness of the properties. These easements, covenants, conditions and nistrictions shall run with the real property and be . binding on all parties having or acquiring any right, title, or interest.in the described l',vl"'.';es or any part thereof, their heirs. Suc...",'v., and assigns and shall insure to the benefit of, be imposed uJlon and.pass,to the heirs, successors and assigns, and the owner or owners of any other such Lots, . Article 1: Definitions Section 1: "Owner" shall mean and tefer. to the record .owner, whether one or more persons or entities, of the fee siIDple title to any Lot which is a part .of the Properties, including contract buyers, bnt excluding those having such interest merely as' security for the performance of an obligation, Section 2: "Properties" shall mean and refer to that certain real property described above, Section 3: "Lot" shall mean and refer to any plot ofIand shown upon any subdivision map of.the properties. Section 4: "Improved Lot" shall mean and ~fer to a Lot with complete living,unit thereon. Section 5: " Street" shall mean and. refer to any improved public street shown upon the record subdivision plat of the Properties, Article II: Architectural Control Section I: No building,. fence, wall, Or other. structure shall be commenced, erected or maintained upon the Properties, nor shall . any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the natUre, kind, shape, height, materials, color aJ!d location of the same, shall have been submitted to and approved by the Architectural Control Committee, (hereafter "Conurtittee"). Approval shall be on by written document specifically stating that all aspects of the plans and specifications submitted are approved in their entirety or as modified. The Committee shall have sole discretion to approve or disapprove. The Initial committee shall be the Declarants and will have full legal and financial say until all lots are developed and final. The Primary pmpose of the Committee is to create a neighborhood, which is attractive, consistent and of high quality. Members of the eonultittee shall selVe until tIiey resign or are replaced.by vote of the Committee or the Lot Owners. A committee meplber may be replaced by vote of the Lot Owners representing seventy-five percent of the lots subject to these Conditions, Covenants and Restrictioru;, In any such vote, l:iIC~ lot shall receive one vote, .Lot owners by vote, shall replace any Committee , member so remoVed. A Committee member may be replaced by the vote of the other members of the Committee. The remaining members shall select a replacement for a member so removed. If a vacancy is created on the Committee due to resignations or other cause, the remaining committee members shall select a replace~ent. ,I Section 2: Application for approval Each owner or builder desiring to make a site or structural improvements on his or her lot shall, prior to requesting a building permit from the City of Springfield submitto the Committee for approval, the followIDg: A: One set of plans, which shall be retained by the Committee, containing: a. Plot plans showing location or proposed improventents on the lot b, All elevations c. Floor Plans of all levels . /--;;18; recording rGtum to f r""'.",\ ~nllnnl ~UN,~.V,"I'~-,::!. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR: KING HENRY COURT B: One set of specificatioDs of materials descriptions list.. All plans, specific~tions and samples will be received by the Committee, taking the Requirements and Criteria (Article III) then in effect, into consideration and shall notify the owner in writing of approval and disapproval 'within 30 days of submission. Any notice of disapproval shall state, with particularity, tIie. areas of disapproval and, ifpracticable, ",",~......",,"';'''e measures consistent with th~.Requirements and Criteria. Upon failure of the Committee to take any action on a cOmpleted application within (30) days of submission, the application with be deemed to have been approved subject to the plans otherwise being in compliance with eth express provisions of the Covenants; Conditions and Restrictions, ' Section 3: Scope Inaddition to the above authority, the Committee shall also have the authority to establi~h rules and approve or disapprove with respect to the various matters set forth in the following restrictions. Article ill: Requirements and Criteria . Upon submission of the plans to the Committee.by an owner asset forth in Article II, approval or disapproval will be based upon the following requirements and criteria:. ' Section 1: Height All buildings shali be one story, two story or split lev,eI and the maximum height shall be subject to approval by the Committee, . "_ o' ,I . . Section 2: Square Footage No dwelling shall be erected or rnaintained;on any lot unless it contains at least 1800 square foot of living space exclusive of garage, open porches, patios, or breezeways or any other building structure or floor which is other than a part of the principal residential strUcture. Notwithstanding anything to the contrarY herein, the square .foot requirements shall be subject to approval by the Committee. Section 3: Siding Exterior building materials shall be brick, lap, tongue and groove siding, stucco or other architecturally comparable material, No front or side street evaluation will have Tl-11 or equivalent. Section 4: Roof Pitch Minimum roof pitch shall be 6/12 on all.predominant rooflines, Section S: Roof All roof material shall be shake, tile, thirty- (30) years offset or dark composition ("ARC-SO Style"), The Architectural Control Committee prior to installation must approve - black design: Section 6: Exterior Colors Exterior colors shall be limited to those normiilly seen on traditional homes. No bright colors are allowed! Muted colors are required to reduce visual impact as viewed for neighboring properties. . , Section 7: Exterior Windows Painted, stained, clad wood or vinyl windows are preferred. Section 8: Fencing Fencesshal1 be built of good qUality materials, including wood' with treated posts, masonry, plastic or chain link with'slats, or as approved by the Committee, No fence shall protrude past the.front of the residence. . Section 9: Maintenance During ConstruCtion During construction, the Lot owner. shall be responsible.for keeping all streets and sidewalks in a neat and clean condition and shall not be allow any dangerous conditions left unattended inhislber property. AIl materials, equipment, trailers and constniction facilities shall be kept off all streetgduring construction to allow cleaning and maintenance of streets. . , Section 10: Waiver The Committee shall /un'e the sole and exclusive rights in its ~scretion to wave, in whole or in part, any provision, covenant, condition, restriction or reservation herein, if in its discretion, it is detennined that such action is necessary to avoid hardship to any property owner, including the undersigned and it will not materially detract from the value of the adjoining properties. Any instrument duly'acknowledged by the undersigned and recorded in the Public Records of Lane County, Oregon, shall be conclusive eyidence of such detenninatioil arid action. ~TICLE IV: USE ANn MAINTAINENCE RESTRICTIONS Section 1: Residential Use All lots are shown on the Plat of King Henry Court sh1il1 be use only for private residential purposes. No trade, business or professional business shall be conducted or practiced thereon,:except as allowed by the City Zoning Code ' governing said Property. . . Page 2 of2 DECLARATION. OF COVENANTS, .CONDITIONS, AND RESTRICTION FOR: KING HENRY COURT Only one private, single family dwelling, not exceeding two stories in height, together with the.customary ontbnildings, including a private garage for not less than two (2) cars (which may be incorporated into main residence), shall be erected or maintained on any lot. No carpOrts shall be allowed. . , All structures in said subdivision shall be constructed from entirely new materials and shall be constructed entirely on site. Exterior walls may be framed and sided off site, Sidewalks for each lot, as required by the City Springfield, shall be the respOnsibility of the builder or owner, Section 2: Animals No kennel, aviary containing more. than five birds, dairy, Stable, barn, butch or warren shall be erected or maintained on any residence lot, nor shall dogs, cats, birds, horses, cows, poultry, rabbits.or other animals or fowl, be kept hereon, except this restriction shall not be construed to prohibit ordinary household pets which do not constitute any annoyance or nuisance to the neighborhood, . Section 3: Nuisance No nocuous or effective trade or activity shall be carried on upon any]ot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Section 4: Signs No signs of any kind shall be displayed to public view on any Lot except one (I) of not more than two (2) sqill!fe feet located not less than 15 feetfrom the front lot line. Said sign may be used to advertise not more than one (I) home occupation. . In addition, a sign not larger than' 3D" by 48" may be temporarily erected, adv~rtisingthe property for sale or rent Section 5: Temporary Buildings No trailer,' basement, shack, tent, garage, barn or other outbuilding erected in the subdivision, shall at any timebe used as a residence, temporarily or pennanently, nor.shaII any strucrure of a temporaI)' character be used as a residence. Section 6: Drainage Each owner, their heirs, successors and assigns of a lot in said subdivision agree that they will not in any. way; interfere with the established drainage over their lot and that they will make adequate provisions for property drainage for the benefit of all affected lots, For the purpose hereof, "established drainage is defined as the drainage which occurred at the time the overall grading of said. subdivision was completed by the undersigned DecIarants". Section 7: Refuse No lots shall be used or maintained as a dumping ground for refuse. Trash, garbage and other waste shall not be kept, except in sanitary containers, which shall be emptied weekly. All incinerators or other equipment for the storage or deposal of such material as prescribed by ordinance shall be kept in a clean and sanitary conditione During the period of construction and development of the Plat; this provision. will not apply to the Declarants, Storage of any kind of goods, chattels, merchandise, material, fuel, supplies or machinery shall be within walls ofbnilding or enclosed by tight fences that completely screen it from. sight. . . : Section 8: Vehicles These covenants hereby include a restriction on overnight parking on the dedicated streets within the subdivision. All unsightly or inoperable vehicles shall be removed from the streets and parked in appropriate areas so as to not hinder the overall beauty of the area, All boats, trailers and recreational vehicles shall be stored in an appropriate area behind a screen or fence no closer to the street than the front of the garage, .. Section 9:, Landscaping Yards shall be landscaped not more than 45 days after final inspection except when occupancy occurs. after October first and before May. first Yards delivered to occupancy 'during inclement weather shall be landscaped not more than 45 days after May firsi, Yards shall be maintained in a near and clean condition and grass shall be watered and cut regularly. . Section 10: Heating and Air ConditioningExterior air conditioning or heatillg units of heat pump design, shall be approved by the Architectural Control Committee, subject to location on the lot. Wiridow mounted air conditioners shall not be allowed, Section 11: Antennas No Antenna or Satellite dish erected on any lotshall extend more than three feet above the portion of the roof of tile dwelling on which it is mounted, Any Satellite dish shall be installed in such a way as to be out of view from the front porch and side yards of neighbors, , Section 12: Time of Completion All dwellings, structures and additions shall be completed within ten (10) months after construction has commenced, except in cases where completion is impossible or will result in a great hardship to the owner or the builder due to strikes, fires, national emergencies or other like events. ". Page 3 of3 DECLARATION OF COVENANTS, .cONDITIONS, AND RESTRICTION . FOR: KlNG HENRY COURT ] ARTICLE V: GENERAL PROVISION Section 1: Enforcement In addition to the right of any effected Owner to enforce the covenants and restriction contained herein, if any of the Covenants, Conditions or restrictions are violated, or it appears thllt an attempt to violate will be made, the Conunittee, as a Conunittee, also shall have the authority to institute and prosecute such proceedings on behalf of any owner or owners of the lots in the subdivision. No failure to prosecute any person for any violation or attempted violation shall be deemed a waiver of a right to enforce and such violations by the same person or other persons. The prevailing party shall be entitled to recover costs and reasonable attorney fees, both trail and appellant, in any such proceeding, Section 2: Conflict In the case of conflict between these. restrictions and any zoning ordinance of any governmental body, the more resirictive shall prevail. ' . Section 3: SeverAbility Invalidation of any party of the restrictions shall. in no way effect the remaining restrictions. Section 4: .Binding Effect The provisions herein shall be binding.upon and inUre to the benefit of the successors, heirs and assigns of the owners and all lot purchasers, uses and owners. . Section 5: Time The Declaration shall rim for the benefit of each of the lots affected and shall control the use of the lots for a period of twenty (20) years from the date the Declaration is recorded, after which time, they shall automatically be extended for successive periods often (10) years. This Declaration may be amended by an iristnunent signed by 75% of the owners and.must be recorded. , In Witness thereofthis Declaration was executed on this Z@ day of ,lfFP R ( L" . 2007. I.A/ 41:/ E r2. J4 . Df2GWS ::r1fJ cl~ .;)- 1..0 U IE I!. STATE OF OREGON SS COUNTY OF LANE The above named Walter A. Drews, Pre;ident, of G & R Bnilding Concepts, Inc.,and Oregon Corporation, and Jack H. LOni~ ~mber of JLA ~yestments, LLC, an Oregon Limited Liahility Company acknowledged the foregoing before me this, ~- day of f\-r/'I I . 2007. ' ; ~/plK-..-~ and L ~ L.- preSia~~I,~ &'R Building Conc~' '--"'"' A1lfVestment, Member OFFICIAL SEAL JONElTE BUSS NOTARY PUBUC.OREGON COMMISSION NO, 407917 MY COMMISSION EXPIRES JULY 2,2010 Page 4 of4 After recording retnrn to: G & R Building Concepts, Ine, . 1135 CaI Young Road Eugene, OR 97401 Division of Chief ~uty Cle~k' Lane County Deeds and Reeords ~~OI.~~~~~~ 111111111111111111111111111111111111111111111111 . $26,00 00902955200.00280880010018 04/26/200701:58:25.PM RPR-CNST Cnt=1 Stn=6 CASHIER 07 $5,00 $10,00 $11,00 ~~--'-'----'-"--'-'----_._----_.-' AFFIDAVIT OF CONSENT BE IT KNOWN BY TH~SE PRESENT, that Jack H.Louie and mine M. L Louie, is the beneficiary of that Deed of Trust dated qctober 18, 2005, recorded October 19, 2005, D,ocument No. 2005-083231, Lane County Oregon Deed Records. BE IT FUR11/ER KNOWN that the property described, in said Deed of Trust, is being subdivided by G & R Building Concepts, Inc. and JLA Investments, LLC. ' NOWBE IT FURTHER KNOWN that Jack H. Louie and mine M. L Louie, Beneficiary, does hereby agree and consent to the platting ,of the above referenced subdivision plat. " Dated this_/)_ 0 day of .~-~~.('~... .... /..M\' ( ; ..... . - . . . .. J~ H. Lo Ii. ..:/ ;7~ "...- <.....;- . - DIine M. -L. Louie Pi -;:)a..c..\<.. \-\, L.oV\('I'1\~ 1) #..-.' , 200~. rr" . ,tJ, 2< \ J' xtr' \if! ~' "I' &if\ ~IY II' . ,r~~ Personally appeared the above named Jack H. Louie andliiline M. L. Louie, on this \ ;)..-th. day of 1::::>e..c..-l' """ b ~ .2006 and they acknowledged the foregoing instrument to be their voluntary acts and deeds. ' ,,~'-:,,~d ) )ss ) ACKNOWLEDGEMENT: State of Oregon , County of Lane .0~~ Notary Public for Oregon My CommissionExpires '-I. \t\ 0., OFFICIAL SEAL DARLEEN SHORr . NOTARY PUBLIC. OREGON m. COMMISSION NO. 365739 MY COMMISSION EXPIRES APRIL 1, 2007 Division of Cf>ief Deputy Clerk. 2M'_^20M' ,. lane County Deeds and Records VV/ V OVO/ 111111111l1li11111/11111111111111111111111111111 $46,00 . 009(')294320070,,)28087005005204/2612007 01 :58:25 PM RPR-REST Cnt=1 Stn=6 CASHIER 07 $25,00 $10,00.$11,00 :--""--.-..---- ---.-.,-'---------. . After recording return to: , G & R Building Concepts, ~nc, 1135 CaI Yoimg Road Eugene, OR 97401 " . Division of Chief Deputy Clerk 200';,O,~O~~ Lane County.Deeds and Records I \ 11111\1 1111\\ 1\ \ \ 1111\\ \ 111\\ \ 1II11l\ \ 11\1\\ $41. 00 ""90296",200700280890'30030 04/2612007 01 :58 :25 PM RPR-ESMT Cnt=2 'Sln=6 CASHIER 07 $5,00 $15,00 $10.00 $11,00 ____.___.n__ DECLARATION OF VARlABLE"WIDTH PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS, A. Declarant: This Declaration of Joint Use Access arid Utility Easement and Maintenance Agreement is made by G & R Building Concepts, Inc, ail Oregon Corporation as to an undivided 50% interesHmdiLA Investments, LLC, an Orygon Limited Liability Company as to an undivided 50% interest, the owners of the real property des.cribed as KING HENRY COURT, as platted and recOrded in Lane COll11ty Official records, and the Access and Utility I Easement as described ,in Exhibit "A". ' " . \ B, Purpose: This DeClaration of Joint Use Access and Utility Easement and Maintenance Agreerrent is made to spe~ifically provide for: (1) Access to Lots 8; 9 AND 10 of said'KING HENRY COURT, and (2) Installation and maintenance of utilities, and (3) Maintenance requirements of the Access and'Utility Easement, and (4) Responsibilities for all persol\s who are or who may become parties using said easement. WITNESSETH: Now therefore in consideration of the foregoing recitals, whic~ are expressly made a part of this Declaration of Private Joint - Use Access and Utility Easement and Maintenance Agreement, the under~igned hereby declares ~ follows: (1) Declaration of Access imd Utility Easement: There is hereby declared, granted, conveyed and created a perpetual and non-exclusive easement as a means of ingress and egress to and from Lots 8, 9 AND 10 of said KING HENRY COURT It -is further declared and provided that s\lJd easement may be utilized for the installation and maintenance of such utilities as may be needed to serve said Parcels. It is expressly understood that no rights outside the Access and UtilitY Easement are provided, ~...: (2) Extent: The easement created by this declaration are not personal or in gross but are appurtenant to each said Lot, (3) Duration of Covenants Binding or Successors and Assigns: The easement created by this . declaration shall be pennanent and perpetual and shall constitUte covenantS running with the land and shall be binding on and inure to the benefit .of all heirs, successors and assigns of Lots 8, 9 AND 10 of said KING HENRY COURT . (4) Exclusive: .. The Private Access and Utility Easement provid~d herein shall be exclusive to owners, heirs, successors and assigns (and their guests) of Lots 8, 9 AND 10 of said KING HENRY COURT or any portion thereof and each shall be' entitled to use the Access and Utility Easement for the vehicular; pedestrian access and utility, purposes for which it is provided. (5) Maintenance: Any property owner of ~ots 8, 9 AND 1.0 of said KING HENRY COURT may cause the Access and Utility. Easement right of way or any-portion thereof to be maintained or repaired. The party causing said maintenance or repair to be done shall pay for such work, and other property owners of Lots 8, 9 AND~1O of said KING HENRY COURT using the Access Easement shall be liable for contribution based on that party's relative use proportional to the total roadway use. TIlls payni.ent shall be made in a timely manner, not to exceed'30 days, from the date of receipt of proof of expense, (6) Taxes: Real property taxes shall be paid by the owners of the property upon which the easement is.1ocated. . (7) Indemnification: Each party shall indemnify and save any other of the parties harmless from any liability, loss or expenses resulting from that parties agents and employees, any independent contractor hired by that party, and that parties pennitees, invitees; licensees and guests unless that injury is caused in part by any of the other parties' failure.' to contribute to the expenSes of maintenance of the Access alt9 Utility Easement. (8) Further Documents: In the event that any further grants or easements are required'to document and effectuate the easement created herein for Lots 8, 9 and 10 of the aforementioned KING . HENRY COURT or portion thereof, Grantors each represent that each will execute said grantS of easements , p~~ .:;>~_. 4' 4 ,\~'? ~ f-tJ I Date Walt A. Drews C1t~ J)-;. 5.Idl/L' - . W. Jilek H. Louie.. . ~~~ ~ tUtA/ktJ ~~f. (f- 9-()7 Date State of Oregon) ) SS County of Lane) The above named Walt A. Drews, President, G & R Building Concepts, Ine, an Oregon . CorporatIon, and*Jack H LOUIe, Member, JLA Investm\lllts, LLC, an Oregon Limited Liability (;A- ComQany acknowledged theforegqing byfor"e me this 11:.1<:. day of III) (': i . 2007. o */~'e 1 en?'t LOU1}?', at~rney/,' n ,fa'cjI for I '. ~AlA //1. /IMv"", 'Q;!Jili , ! . OFFICIAL SEAL Notary Public for Oregon /'.; ~' MENOIE M, MAYFIELD !' :: ~ ':-, NOTARY PUBLIC. OREGON , -) ,., . COMMISSION NO 374106 My Commission Expires' I ;-j..t ~I 'f = MY COMMISSION EXPIRES OECEMBER 6,2007 Exhibit "A" Easement Descriotion: Beginning at a point being North 1.940.78 feet and West ,243.31 feet from the Southwest corner of the Donation Land Claim No. 51, said point being on the Northerly right-of-way line of Hayden Bridge Road; thence along said NortherlY'right-of-way line, South 890 18' 12" West 20.49 feet to.a point on the East boundary line of Lot 1, Block 3, YOLANDA , PARK, as platted and recorded in Book40, Page 13; thence along said West line, North ' 00 14' 00" East 94.42 feet; thence leaving said East line,' South 890 42' 35" East 167.43. feet; thence South 00 01" 17" East 12:00 feet; thence North 890 42' 35" West 73.43 feet; thence South 00 01' 17" East 4,00 feet; thence North 890'42' 35" West 75,07 feet;.thence South 00 14' 00" West 74.15 feet; thence South 20" 32' 29" East 4,19 feet to the point of beginnin~ in Lane County" Oregon.