964734 INDEXED
FROM: TO:
FAIRWAY
THE
ESTATES SUBDIVISION,
PUBLIC
COVENANTS, CONDITIONS ) AND RESTRICTIONS FOR ) FAIRWAY ESTATES SUBDIVISION
joint venture of all the duly platted as Fairway Estates Subdivision, in the County of Jefferson, State of Oregon, and restricted in Plat Book Number at Page in the office of the County Clerk of Jefferson County, Oregon, do hereby make the following declarations as to the limitations, restrictions, and uses which said lots and/or tracts constitvting and subdivision may be put, hereby specifying that said declarations shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and the limitations upon all future owners in said subdivision, that declaration of restrictions being designed for the purpose of keeping said subdivision desirable uniform and suitable for the
Raymond Rogers and Kevin O'Meara, following described real property
a
now
_
purpose
herein
specified.
1. Each residence constructed on the above described real property shall not have brick or block foundation walls, shall not have paper, artificial brick siding or any metal siding except painted aluminum or painted steel, and must be completed within one (1) year after the date of the beginning of The exterior woopwork of all buildings and houses construction. shall be painted, stained or varnished within sixty on said tract (60) days after their completion. Any earthtone or pastel color will be acceptable. All other colors shall have prior approval.
All
2.
residence shall contain not less than 1,200 square space and shall have an attached garage.
of livable floor
feet
All buildings, including residences, and garages shall be of construction and no used structures of any kind may be moved upon said property. All buildings shall be built on the lots in accordance with City of Madras setback requirements. 3.
new
4. No manufacturing of any kind shall be maintenance upon, front of, or in connection with the herein described real property.
5. or
a
No
trailer,
mobile home, manufactured
shack, or other similar building shall residence, temporarily or permanently.
or
be
pre-fab home,
used at
any
in
tent
time
as
herein provided must contain full inside plumbing and must be connected with approved sewage disposal No outside toilets of any kind will be permitted in system. 6.
All
residences
as
system.
-1-COVENANTS, FAIRWAY
CONDITIONS AND ESTATES SUBDIVISION
RESTRICTIONS
AMMENDED DOCUMENT
FAIRWAY ESTATES SUBDIVISION,
FROM:
TO:
) COVENANTS, CONDITIONS
) AND RESTRICTIONS FOR ) FAIRWAY ESTATES SUBDIVISION
THE PUBLIC
Raymond Rogers and Kevin O'Meara, a joint venture of all the following described real property duly platted as Fairway Estates Subdivision, in the County of Jefferson, State of Oregon, and restricted in Plat Book Number at Page _ in the office of the County Clerk of Jefferson County, Oregon, do hereby make the following declarations as to the limitations, Restrictions, and uses which said lots and/or tracts constituting and subdivision may be put, hereby now
specifying that said declarations shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and
the limitations upon all future owners in said subdivision, that declaration of restrictions being designed
for the purpose of keeping said subdivision desirable uniform and suitable for the purpose herein
specified.
1. Each residence constructed on the above described real property shall not have brick or block foundation walls, shall not have paper, artificial brick siding or any metal siding except painted aluminum or painted steel, and must be completed within one (1) year after the date of the beginning of construction. The exterior woodwork of all buildings and houses on said tract shall be painted. stained, or varnished within sixty (60) days after their completion. Any earthtone or pastel color will be acceptable. All other colors shall have prior approval. 2.
All residences in phase one shall contain not less than 1,200 square feet of livable floor space and
3.
All buildings shall be in accordance with City of Madras setback requirements.
shall have an attached garage. All residences in phase two shall contain not less than 1,100 square feet of livable floor space and shall have an attached garage.
4. No manufacturing of any kind shall be maintenance upon, in front of, or in connection with the herein described real property.
5.
No trailer, mobile home, manufactured or pre - fab home, tent or shack, or other similar building shall
6.
All residences as herein provided must contain full inside plumbing and must be connected with
be used at any time as a residence, temporarily or permanently.
approved sewage disposal system. No outside toilets of any kind will be permitted in FAIRWAY
ESTATES SUBDIVISION except as provided for by law for construction workers' use while buildings are under construction.
No nuisance, offensive, noisy, or illegal trade, calling or transaction shall be done,
suffered or permitted upon the herein described real property.
No animal will be kept or maintained on said property except those expressly permitted by city ordinance. The owner or owners of said lawful animal (s) shall be required to keep said animal (s) in such manner as to not disturb other property owners.
7.
-1-COVENANTS, CONDITIONS AND RESTRICTIONS FAIRWAY ESTATES SUBDIVISION After recording return to: Kevin O'Meara
1056 NW Eagle Court Madras, Oregon 97741
JEFFERSON COUNTY OFFICIAL RECORDS KATHLEEN B. MARSTON, COUNTY CLERK
2002-1471 $46.00
00001785200200014710030033 D-COA
Cnt=2
Stn=2
KATE
04/02/2002 04:22:31 PM
$15.00 $5.00 $11.00 $10.00 $5.00
Nothing constituting a hazardous waste as defined by the Department of Environmental Quality Agency of the State of Oregon or the Federal Government shall be kept on any premises herein. In the event there is a hazardous waste spill occuring, then the property owner shall immediately comply with all requirements for clean up and disposal. It shall be entirely forbidden for any property owner to keep on the premises anything that shall constitute a hazardous waste. 8.
or the Environmental Protection
No property owner shall use the property or any portion of the property as a dumping ground for 9. rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and on the property so that it does not present and unsightly condition to the other property owners. Said premises must be kept clean and free of waste and shall not constitute a nuisance or become obnoxious or detrimental to the use of the land in the civility of said property or allowed to become
hazardous for fire.
10.
No signs, billboards or advertising devices of any kind except those used in subsequent sale of the
above described property conveyed herein shall be placed or otherwise installed on any lot or building in the subdivision, except a sign or signs made to specify the name and address of the development. Said sign shall be made of wood, metal or brick/concrete and shall be made and erected in a good and workmanlike manner.
11. All homes must be landscaped within one (1) year of initial sale and landscaping must be watered and maintained from that point on.
12.
No building or structure shall exceed 35' in height.
13.
All lots bordering golf fairways will have a 20' golf easement along adjacent side or sides of lots.
14. The covenants, restrictions, reservations, and charges created and established herein for the benefit of said subdivision, or to any part thereof, with the consent ofthe owners of 60% or more of the lots or tracts of said subdivision; no such waiver, abandonment, termination, modification or alteration shall become effective until the proper instrument in writing shall be executed and recorded in the office of the
County Clerk of Jefferson County, State of Oregon. However, no such waiver, abandonment, termination, modification or alteration or change shall be made in the covenants, restrictions, reservations and charges created herein, that would be in direct conflict with the City of Madras and Jefferson County area zoning and planning ordinances. 15. These restrictions and reservations are made for the benefit of any and all persons who may own specifically given the right to enforce
or hereafter own property in said subdivision, and such persons are
these restrictions and reservations.
16. These restrictions shall run with the land and shall be binding on the owners or tenants of any and all
said land and all persons claiming by, through or under them perpetually from the date of signature herein unless terminated as above provided.
-2-COVENANTS, CONDITIONS AND RESTRICTIONS FAIRWAY ESTATES
SUBDIVISION
17. It is expressly understood and agreed that if any covenant, condition or restriction contained in this
instrument, or any portion of any such covenant, condition or restriction, is held by a Court of competent jurisdiction to be invalid or void, such an invalidity or voidness shall in no way effect any other covenant, condition or restriction contained in this instrument.
02
dey et
pril 202
FAIRWAY ESTATES SUBDIVISION
oypergi Siara Kevin O'Meara By
Me Raymond Rogers
STATE OF OREGON
County of Jefferson
)
day of APril 2002, personally appeared before me Kevin O'Meara and Raymond Rogers, and acknowledged the foregoing instrument to be their voluntary act and deed. On this
the above
2nd
named
Saren . Radzer Notary Public for Oregon My commission expires After
recording please
return to
Kevin O'Meara
1056 NW Eagle Ct
Madras, OR
12-11-2005
97741
-3-COVENANTS, CONDITIONS AND RESTRICTIONS FAIRWAY ESTATES SUBDIVISION
OFFICIAL SEAL SHARON A RODGERS NOTARY PUBLIC-OREGON CONISSION NO. 352667 MYCOMMISSION EXPIRES DEC. 11, 2005
Jefferson County Official Records Katherine Zemke, County Clerk
2020-3269 $116.00
After recording, return to:
00140587202000032690050056
City of Madras Attn: City of Madras Public Works Director 125 SW E Street
D-AG
Cnt=1 Stn=21 LORIY
08/17/2020 08:47:02 AM
$25.00 $11.00 $60.00 $10.00 $10.00
Madras, Oregon 97741 MEMORANDUM OF DEVELOPMENT AGREEMENT
This Memorandum of Development Agreement (this "Memorandum") is made and entered into effective
on
August12 2020 (the "Effective Date") between City of Madras ("City"),an Oregon municipal corporation,
whose address is 125 SW E Street, Madras, Oregon 97741, Urban Renewal Agency of the City of Madras, acting by and through its Madras Redevelopment Commission ("MRC"), whose address is 125 SW E Street, Madras, Oregon
97741, and SGS Development, LLC ("Company"), an Oregon limited liability company, whose address is 62765 Powell Butte Highway, Bend, Oregon 97701.
City, MRC, and Company are parties to a certain Development Agreement dated August12 2020 (the "Agreement") concerning Company's construction of 75 single-family homes (the "Development") on certain real
property located within the Willowbrook subdivision (Phases 1-6) (the "Subdivision"), which real property consists
of approximately 18.55 acres and is more particularly described and depicted on the attached Exhibit A. The
Development will be constructed as part of Phase 1, Phase 2, Phase 3, and dedication of the public park in Phase 6, Tract B (consisting of approximately 2.72 acres) of the Subdivision. Subject to the terms and conditions contained in the Agreement, City and MRC intend to provide Company certain incentives concerning the Development. This Memorandum is for notice purposes only and will not, under any circumstances, be deemed to
modify or change any provisions of the Agreement, the provisions of which will in all instances prevail. This Memorandum may be signed in one or more counterparts with the same effect as if the signature to each counterpart were on a single instrument. Each counterpart will be deemed an original as to any party whose signature it bears and all such counterparts will constitute one document. IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed and made effective for
all purposes as of the Effective Date. COMPANY:
CITY:
SGS Development, LLC, Oregon limited liability company
City of Madras, an Oregon municipal corporation
an
d
hidwal Ladely
By: Chet Antonsen
By: Richard Ladeby
Its: Manager and Member
Its: Mayor MRC:
Urban Renewal Agency of the City of Madras, acting by and through its Madras Redevelopment Commission
BasrtBrick
By: Bartt Its:
Brick
Chair
[notaries on immediately following page]
1-MEMORANDUM OF DEVELOPMENT AGREEMENT
{10340769-01209058;1}
State of Oregon
) Ss.
Deschutes
County of Jefferson(
This instrument was acknowledged before meonJuly 28,2020 stated that he/she is the Managing Memalberfor SGS Development, LLC.
OFFICIAL STAMP TONJA SUSAN BAROVELLI NOTARY PUBLIC-OREGON COMMISSION NO. 958300 MY COMMISSION EXPIRES JANUARY 19, 2021
State of Oregon
bChatAntonsenmno
Soyir Bareell Notary Public for Commission No.:
OREGON
958300
MyCommission Expires: Janan 19,2021
)ss.
County of Jefferson
This instrument was acknowledged before me on August 32178y Richard Ladeby who
Mayor
stated that he/she isthe
OFFICIAL STAMP
LYSA VATTIMO
NOTARY PUBLIC-OREGON
COMMISSION NO. 975263 MY COMMISSION EXPIRES JUNE 07, 2022
for City of Madras.
Lu Na
imo Notan Public for City of Madras 9/75243 Commission No.: My Commission Expires: June 7, 2022
State of Oregon
) ss. )
County of Jefferson
This instrument was acknowledged before me on August 32020 by
stated that he/she is the
Chair
OFFICIAL STAMP
LYSA VATTIMO
NOTARY PUBLIC-OREGON
COMMISSION NO. 975263 MY COMMISSION EXPIRES JUNE 07, 2022
2-MEMORANDUM OF DEVELOPMENT AGREEMENT
{10340769-01209058;1}
Bartt Brick
for the Madras Redevelopment Commission.
who
saNobtino
Notary Public for City of Madras
Commission No.:
975263
My Commission Expires: June 7,2022
Exhibit A
Legal Description and Depiction
(attached)
EXHIBIT A
-
LEGAL DESCRIPTION AND DEPICTION
{10340769-01209058;1}
Jefferson County Official Records Katherine Zemke, County Clerk
2021-2218 $156.00
00145857202100022180130139 AFTER RECORDING RETURN TO: D-CCR
SGS Development, LLC
Cnt=1 Stn=20 KATES
$65.00 $11.00 $60.00 $10.00 $10.00
62765 Powell Butte Hwy
Bend, OR 97701
DECLARATION OF
COVENANTS, CONDITIONS and RESTRICTIONS for
WILLOWBROOK SUBDIVISION
CITY OF MADRAS, JEFFERSON COUNTY STATE OF OREGON DECLARANT: WILLOWBROOK, LLC
04/29/2021 03:45:14 PM