Dry
Creek Airpark
Restated Covenants and Restrictions
Originally
recorded on August 3, 1999, Microfilm # 150268 at Crook County Deed Records
Amended
March 3, 2000 at Microfilm # 154171 Crook County Deed Records
Know all men by these presents, that Dry Creek Airpark, LLC,
hereinafter referred to as "Declarant" is the sole owner of Dry
Creek Airpark, a subdivision in the County of Crook, State of Oregon,
according to the office of the County Clerk for Crook County, Oregon, and more
particularly described on Exhibit A attached hereto, hereinafter referred to
as "the Property", and does hereby make the following declaration of
covenants, conditions, and restrictions, covering the Property, specifying
that this declaration shall constitute covenants to run with all of the
Property and shall be binding upon all persons claiming under them and all
covenants and restrictions shall be for the benefit of and limitations upon
all future owners of the Property.
Association
Membership and Voting Rights:
The owner of each lot of the Property shall be a mandatory member of Dry
Creek Airpark Homeowners Association, Inc. Membership in the Association
shall be appurtenant to, and may not be separated from, ownership of any lot
in Dry Creek Airpark. Transfer of ownership of a lot in said
subdivision automatically transfers membership in the Association. Occupants
and owners of lots in the subdivision shall be governed and controlled by
these covenants and restrictions, Articles of Incorporations, Bylaws, and
rules and regulations of the Association and any amendments thereof.
Except for lots owned by Declarant, the owner of each lot shall be
entitled to one vote for each lot owned with respect to all matters upon which
lot owners are entitled to vote. Declarant shall have no right to vote. When
more than one person or entity owns a lot, the vote for such lot may be cast
as they shall determine, but in no event will fractional voting be allowed.
I.
Definitions: The
following definitions shall apply to these Covenants and Restrictions:
"Association"
shall mean and refer to Dry Creek Airpark Homeowners Association, Inc.,
its successors and assigns.
“Common
Property” shall mean and
refer to that area of land shown on the recorded plat of the Property,
including any improvements thereon, which are intended to be devoted to the
common use and enjoyment of the members and which land has been conveyed to
the Association.
"
Declarant" shall mean
and refer to Dry Creek Airpark, LLC, its successors or assigns, or any
successor or assignee to all remainder of Dry Creek Airpark, LLC's interest
in the development of the Property.
“Lot”
shall mean and refer to each and any of lots 1 through 42 of Dry Creek
Airpark.
“Occupant”
shall mean and refer to the occupant of a lot who shall be either the owner,
lessee, or any other person authorized by the owner to occupy the lot.
"Owner"
shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any lot or a purchaser in possession
under a land sale contract. The foregoing does not include persons or entities
who hold an interest in any lot merely as security for the performance of an
obligation.
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-Amended Covenants and Restrictions (Dry Creek Airpark)
"Property"
shall mean and refer to all real property, including lots 1 through 42, the
common property, and all improvements located on the real property subject to
this Declaration, as more particularly set forth on Exhibit A hereto attached.
All lots are restricted to residential use. No commercial activity
shall take place on the
Property
other than home business where no external business activity is visible to the
Property.
All
dwellings and other buildings shall be constructed in accordance with the
Building
Requirements
of the State of Oregon and County of Crook. The floor area of each dwelling,
exclusive open porches, patios, breezeways, garages (which shall be a minimum
of two cars), shall not be less than l700 square feet in size. A 10% credit in
size will be allowed for homes with extraordinary architectural features.
Garages and/or hangers may be detached and must match the architectural style
of the residence on the Property. Exterior treatments may include lap siding,
rock, brick, stucco, timber, however no T -1-11 type siding will be allowed.
Roofs shall be tile, architect 80 comp or equivalent, shake, slate, or other
as approved by the architectural review committee. Paint colors shall be of
earth tones or pastels and shall also meet with architectural review committee
approval. Any exterior fuel tanks, such as propane tanks, shall be fenced with
an abscising type fencing material. All building plans and specifications
shall be submitted to the architectural review committee prior to building
permit application. The architectural review committee shall return these
drawings within one week of submittal with the appropriate corrections,
recommendations, or approval notice.
IV.
Architectural
Review Committee: The
Declarant shall appoint an architectural review committee. When the common
area is deeded to the Association, the Board of Directors of the Association
shall appoint the architectural review committee. The decision of the
architectural review committee (including any failure to approve or disapprove
within the time allowed) shall be subject to appeal by any lot owner to the
Board of Directors.
No mobile home, modular home, manufactured home, trailer, basement,
tent, shack, garage or other outbuilding or any other structure of a temporary
nature, shall be used as a residence. A job trailer may be used during course
of construction for a period of no more than 18 months from with the date of
first excavation. This trailer will not be allowed to hook up to the septic
system and shall be of good quality construction as to not deter from with the
aesthetics of the development. No temporary structures as mentioned above
shall be allowed after completion of a residence, except for travel trailers
by visiting friends or family members.
VI.
Nuisances
No obnoxious, noxious, or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may reasonably become an
annoyance or nuisance, to other persons in the subdivision. All equipment
including motor homes, boats, trailers, recreational vehicles, or other
heavy-duty vehicles shall not be permitted to be parked outside for longer
than a week, they must be garaged. No tarps may be used to cover up the
aforementioned items or any items at any time. Work on vehicles such as
automobiles may be conducted as long as the vehicle is not left derelict and
visible from the street or other properties. Outside parking of not more than
two cars as long as they are in operable condition and parked on pavement or
concrete is permitted. The object is to avoid the used car parking lot effect.
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-Amended Covenants and Restrictions (Dry Creek Airpark)
No lot shall
be used for or maintained as a dumping ground for rubbish. Trash, garbage, or
waste shall not be kept except in sanitary containers. All other equipment for
the storage or disposal of such materials shall be kept in a clean and
sanitary condition in accordance with Crook County ordinances. If the
association finds that a lot is in violation of this rule, the association may
elect to clean up the problem and bill the lot owner for the time and dump
fees to get rid of such a nuisance. If the lot owner does not pay said bill
with 30 days of receipt, the association shall file a lien against such
property until such time the lien is satisfied. A lawsuit by the association
may be brought to foreclose such a lien in a timely fashion. Let's keep it
clean for everyone's sake.
A time limit is hereby imposed on the length of time allowed for the
construction of the residence structure, a period of time not to exceed
eighteen months from the day of first excavation to final inspection. Any
exceptions to this time frame will have to be approved by the architectural
review committee prior to an extension being needed.
All buildings will comply with the setbacks established by Crook County
and easements as set forth in the approved engineering plan for Dry Creek
Airpark.
X.
Livestock
Absolutely no farm animals such as horses, cows, pigs, llamas, EMUs,
etc., will be allowed. No breeding of domestic pets, rabbits, dogs, or cats
will be allowed. A maximum of 3 household pets will be allowed, such as dogs
and cats. No pets are allowed to roam to adjacent lots or become a nuisance.
Any fenced areas for pets will have to comply with architectural controls,
with no unsightly fencing visible from any other lots. Chain link fencing is
not an approved fencing material unless dressed up to be less obtrusive.
Approval will be needed from the architectural review committee for such a
fence. Barking dogs will be considered a nuisance and will have to be
controlled by removal or other means. Normal barking at arriving guests is not
considered to be a problem. The idea here is not to have a dog howling at the
moon all night or, for that matter, all day and disturbing other residents.
Sewage disposal shall be effected by means of owner installed septic
tanks and drain fields. Said drain fields are shown on the recorded plat
except those for the lots where the drain field is located on the lot itself.
The developer has established perk approvals for all lots in Dry Creek
Airpark with said approvals being available through the county or the
developer. No cesspools or outside toilets shall be permitted, except for
portable chemical toilets during course of construction. A portable toilet
will be required to be onsite during the entire course of construction and
shall be at owner's expense.
XII.
Use of Improvements
During Course of Construction
Except as allowed in the second paragraph of this Section XII, no
improvement on any lot shall be occupied until the same is completed and made
in compliance with the restrictions, covenants, and conditions contained in
this declaration, and final inspection has been performed by the Crook County
Building Dept. Any improvement which is partially or totally destroyed or
damaged by fire, earthquake, or otherwise, shall be removed, repaired, or
replaced within a reasonable time after such destruction or damage occurs.
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-Amended Covenants and Restrictions (Dry Creek Airpark)
If Owner has begun construction on his residence, Owner shall be
allowed to occupy a hangar located on Owner's lot that is substantially
complete with a permanent door upon making a refundable deposit of $5,000.00
to the Association. The deposit shall be forfeited if the residence is not
substantially completed within 18 months from the date construction begins on
the residence. There shall be no indication as viewed from the street that the
hangar is occupied as a residence.
Each owner shall be responsible to maintain their lot in a clean,
sanitary, and attractive condition, and keep the same free from rubbish and
litter, to maintain said lot in good condition so as not to create a fire
hazard. Each owner shall also be responsible for the reasonable upkeep of any
and all improvements made to their respective lots.
No part of the property shall be used for the purpose of exploring for,
taking therefrom, or producing therefrom gas, oil, or other hydrocarbon
substances, sand, gravel or minerals.
XV.
Signage
Except as set forth herein, no sign of any size shall be displayed, to
the public view on any lot, except one professional sign of not more than five
square feet advertising the property for sale or rent, or signs used by a
builder to advertise the property during the course of construction and sales
period. One permanent sign to be erected at the main entrance to Dry Creek
Airpark shall be allowed. Standard road signs, house numbers, and warning
signs shall be allowed and will be there to benefit all.
Declarants hereby expressly reserve an easement over and upon a strip
of land 20 feet in width along the front of each lot, for the purpose of
installation, construction, and maintenance of underground utilities such as
water, power, or telephone and for any lawful purpose whatsoever, no structure
or improvement or any sort except fencing shall be built upon the property
affected by said easement strip. Said property shall at all times be open to
Declarants, their heirs, successors, and assigns and any public service
corporation which may require the use of said easement strip.
As water is being supplied by the Dry Creek Airpark community
well, a conservative approach to water usage is encouraged. Owners are
encouraged to utilize natural vegetation as much as possible. Because of
county limitations on water usage, the area of lawn planted by an individual
owner will be limited to an area of 5000 sq. ft. This is exclusive of flower
gardens or other wise. All fencing shall be approved by the "Dry Creek
Airpark" architectural review committee.
Wire fencing is discouraged unless first approved through the
committee. Wood and rock fencing will be encouraged and gates are allowed to
individual driveways.
The Board of Directors of the Association may require water meters to
be installed on each lot. If installed, water usage shall be billed according
to the water usage shown on the meters.
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-Amended Covenants and Restrictions (Dry Creek Airpark)
All uses, occupancy, construction, and other activities conducted on
any lot shall conform with and be subject to applicable zoning, use
restrictions, set back requirements, construction, and building codes of all
local, state, and federal public authorities.
XIX.
Adjoining Property Owners
No part of the property shall be used or occupied injuriously as to
affect the use, occupation, or value of the adjoining or adjacent properties
for residential purposes.
No junked motor vehicle or sizable part thereof shall be permitted to
remain visible from the street. No junked airplane or sizable: part thereof
shall be permitted to remain visible from the street. There will be absolutely
no parking on the streets whatsoever either temporarily or otherwise. This
goes for cars, airplanes, motorcycles, and bicycles. The streets must at all
times remain clear for taxiing aircraft. A guest parking area for aircraft
shall be set up by the association. However, guests should be encouraged to
park at their respective host residence if adequate parking is available at
said residence.
Neither the Declarants, nor the duly appointed architectural review
committee nor any member thereof shall be liable to any lot owner or the
Declarants, or their successors in interest, for any damages, loss, or
prejudice suffered or claimed on account of any action or failure to act of
the committee or member thereof, provided only that the member, in accordance
with actual knowledge possessed by said member, has acted in good faith.
When 21 lots have been sold, the "Dry Creek Airpark Homeowners
Association" shall be formed and the common property shall be deeded
to the association for the purpose of voting on pertinent issues facing the
community and performing a monetary base for the regular maintenance of all
common areas throughout the development, such as the gate, airstrip, tennis
courts, etc. The monies would be used for such things as parts, labor, snow
plowing, painting supplies, and labor to reform any of the aforementioned
items. The Board of Directors of the Association shall estimate the amount of
costs necessary for each year. Each lot owned by any person or entity other
than Declarant shall pay a percentage of the assessment equal to the
percentage each lot owned by other than Declarant bears to all lots not owned
by Declarant. Such dues shall be due and payable January 1 of each year. The
dues for any lot sold during the year shall be prorated to the date of sale.
Upon the sale of all lots by Declarant, each lot is responsible for 1/42 of
all common expenses. The Association shall conduct a reserve study to identify
items for which reserves are required to be established, the estimated
remaining useful life of each item, the estimated costs of maintenance,
repair, or replacement of each item at the end of its useful life, and a
30-year plan of contributions to meet the maintenance, repair, and replacement
schedule. No dues or assessments shall be payable on any unimproved lot owned
by Declarant.
Driveways shall be used for vehicle turnouts in the event of traffic
conflicts. Aircraft have the right of way over all other vehicles (including
but not limited to bikes and motor vehicles) and pedestrians.
The Declarant hereby covenants, and each owner of any lot by acceptance
of the deed thereof, whether or not it shall be so expressed in such deed, is
deemed to covenant and agreed to
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-Amended Covenants and Restrictions (Dry Creek Airpark)
pay
the Association assessments as provided in Section XXII above. All such
assessments together with interest thereon at the rate established from time
to time by resolution of the Board of Directors of the Association and
together with all other costs, fees, charges, and fines allowed by law, shall
be a lien and charge on the land and shall be a continuing lien upon the lot
against which each such assessment is made. Such lien shall exist and be
executed, recorded, and foreclosed in the manner provided by law.
In addition to any remedies provided by law, the Association may bring
an action at law against the owner personally obligated to pay the same or
foreclose a lien upon the property. No such action or judgment entered therein
shall be a waiver of the lien of the Association. No owner may waive or
otherwise escape liability for the assessment provided for herein by non use
of the common property or abandonment of his or her lot.
Collection costs, attorney's fees at trial and appellate levels and any
court costs shall be awarded to the prevailing party in any suit or action to
foreclose a lien, to collect on any assessment owed, or to enforce any
provisions of these Covenants and Restrictions.
XXIV.
Common Property:
Neither the Declarant nor the Association may sell, convey, or subject
to a security interest any portion of the common property. Declarant has
provided all improvements to the common property for which Declarant is
responsible. Declarant is not responsible .for any further improvements to the
common property. Any future improvements on the common property must be
approved by a majority of the Association members.
XXV.
Division and Merger Of Lot:
No lots shall be partitioned or subdivided. Lots may be merged, but
such merger shall not relieve the lot owner from paying dues and assessments
on each original lot. Upon merger, the lot owner shall continue to have one
vote per original lot.
XXVI.
Amendments:
Amendments to these covenants and restrictions may be made at any time
by an instrument approved by not less than 75% of the owners of the lots: Any
amendment must be executed and recorded in the Crook County Deed Records.
The covenants shall run for a period of 20 years and will be extended
automatically for
1
O-year periods unless revised by majority vote by the association.
On
behalf of the "Dry Creek Airpark" dated this_______
day of___________________, 2001.
_________________________________
__________________________________
Brad
C. Lefler, Declarant
Floyd E. Burks, Declarant
STATE
OF OREGON, County of Crook)ss
On
this_______
day of__________________________, 2001, personally appeared the
above named Brad C. Lefler and Floyd E. Burks, Declarants, and
acknowledged the foregoing instrument to be their voluntary act and deed.
_______________________________
NOTARY PUBLIC OF OREGON
My
Commission Expires:__________
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