2017-585-Order No. 2017-033 Recorded 9/18/2017 Recorded in Deschutes County CJ2017-585
Nancy Blankenship, County Clerk
Commissioners'Journal 09/18/2017 3:14:53 PM
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arm/' V Nancy Blankenship, County Clerk
LEGAL COUNSEL IIIIIUhI IIIIIIIIIIIII II I II III
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of Repealing and Amending
Covenants, Conditions and Restrictions for * ORDER NO. 2017-033
Industrial Land in La Pine, OR *
WHEREAS, Deschutes County owned (owns), developed and sold industrially zoned land in
La Pine, Oregon; and
WHEREAS, Deschutes County, as the owner and developer of the industrially zoned land in
La Pine had the authority to create and apply Covenants, Conditions and Restrictions (CCR"S) to
such lands to guide development prior to the incorporation of the City of La Pine; and,
WHEREAS, the current applicable land use regulations adopted and administered by the City
of La Pine are duplicative of the CCR's and are appropriate to now govern land development; and,
WHEREAS, the CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) and the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) were subject to a vote of the owners as specified therein for repeal and
amendment respectively, saving the architectural requirements for the Newberry Business Park; and,
WHEREAS, the result of the vote was in favor of the proposed repeal and amendments; and,
WHEREAS, the architectural review standards for the Newberry Business Park shall continue
to apply as amended; and,
WHEREAS, a subcommittee of the Sunriver La Pine Economic Development board will act as
the architectural review committee (ARC) for the Newberry Business Park; and,
WHEREAS, upon adoption of architectural review regulations by the City of La Pine for the
industrially zoned lands within the Newberry Business Park the architectural standards applicable
through the CCR's shall automatically expire; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) are repealed in entirety.
Section 2. The CCR's for the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) are amended to include only those architectural review, enforcement and
administrative requirements as included in Exhibit A, attached hereto.
PAGE 1 OF 2 ORDER NO 2017-033
Section 3. A 3-member subcommittee of the Sunriver La Pine Economic Development Board,
as appointed from within, will serve as the Architectural Review Committee for the architectural
standards applicable to the Newberry Business Park.
Section 4. The CCR's applicable to the Newberry Business Park as contained in Exhibit A
attached hereto shall automatically expire upon adoption of architectural regulations for industrially
zoned lands by the City' of La Pine.
DATED this 13 day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
OF D CH TES COUNTY, OREGON
f
TAMMY AN Y, Ch
at"
ATTEST: ANTH• Y DEBONE, Vice it
1
G--- - r,
—Recording SecretaryPHILIP G. HE it ERS , Commissioner
PAGE 2 OF 2 ORDER NO 2017-033
Exhibit A to Order#2017-033
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
NEWBERRY BUSINESS PARK
PURPOSE AND INTENT
The purpose and intent of these Restrictive Covenants as adopted and imposed by the
Declarant (Deschutes County) is to provide guidance for the architectural design of new
construction in the Newberry Business Park, also known as the La Pine Industrial Site Phase III,
which is depicted and described in Exhibit A. Except where this Declaration conflicts with any
applicable government regulations, this Declaration shall be binding upon all owners, lessees,
licensees, occupants and users of the property subject to this Declaration and their successors
in interest as set forth herein.
DESIGN PHILOSOPHY
Newberry Business Park is being developed to foster the creation of family wage jobs in the La
Pine Area by providing improved sites for smaller users within the overall La Pine Industrial
Park. However, it is also the purpose of the Declarant to provide a business environment that
will enhance La Pine's image as a business location in Deschutes County. The Architectural
Controls included herein are intended to establish, preserve and protect a quality environment
for its tenants and the La Pine community. It is the intent of the Declarant to ensure strict
conformance with these Restrictive Covenants in order to adhere to this design philosophy.
SECTION 1. DEFINITIONS
1.1 Block: The term Block shall mean those areas designated as Blocks on subdivision or
partition maps according to the records of Deschutes County.
1.2 Declarant: The term Declarant shall mean Deschutes County.
1.3 Declaration: The Declaration shall mean this Amended Declaration of Covenants,
Conditions and Restrictions for Newberry Business Park.
1.4 Design Review Committee: The Design Review Committee is that committee
established at the sole discretion of and by Order of the Deschutes County Board of
Commissioners.
1.5 Earth Tones: Subdued colors which are generally found in the surrounding landscape.
1.6 Improvements: The term improvements shall include but is not limited to, any buildings,
outbuildings, fences and barriers, retaining walls, stairs, decks and all other structures
above the land surface.
1.7 Lot: The term Lot shall mean the fractional part of the Blocks as divided and subdivided
on subdivision or partition maps according to the records of Deschutes County.
1.8 Owner: Owner shall mean and refer to all holders of fee title to any Lot.
1
SECTION 2. PROPERTY SUBJECT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR NEWBERRY BUSINESS PARK
2.1 General Declaration Creating Newberry Business Park: Declarant hereby declares that
all of the real property located in Deschutes County, Oregon, described in Exhibit A is
and shall be hypothecated, encumbered, leased, occupied, built upon, or otherwise
used, improved or transferred in whole or part subject to this Declaration. All of said
Restrictions are declared and agreed to be in furtherance of the general plans of the
subdivision and are established with the purpose of protecting the desirability and
attractiveness of said real property and every part thereof. All of the Covenants,
Conditions and Restrictions of Newberry Business Park run with all of said property for
all purposes and shall be binding upon and inure to the benefit of Declarant and all
Owners and their successors in interest as set forth in this Declaration.
SECTION 3. ARCHITECTURAL CONTROLS
3.1 Design Review Committee: Declarant directs the creation of a Design Review
Committee for the purpose of applying architectural controls within the Newberry
Business Park. Such Design Review Committee shall be comprised of three members of
which all three members shall be members of the city or any contracted agency's
economic development advisory board. Upon the adoption of an architectural or design
review committee by the City of La Pine, the Design Review Committee shall disband
and transfer all responsibilities to the City of La Pine's Architectural or Design Review
Committee.
3.2 Approval Required: No improvements shall be erected on any land subject to
this Declaration until plans or specifications have been submitted to and approved in
writing by the Design Review Committee.
3.3 Procedure: Prior to erecting or expanding any permanent structure on any land subject
to this Declaration, any entity proposing to construct any improvements within Newberry
Business Park shall follow the procedures and be subject to the approvals required by
Paragraphs 3.4 through 3.8. Failure to follow such procedures or obtain such approvals
as required by Paragraphs 3.4 through 3.8 below shall be deemed a breach of this
Declaration.
3.4 Required Documents: Any owner proposing to utilize, improve, or develop real property
within the Newberry Business Park shall submit to the Design Review Committee the
following items for review:
(A) A full set of stamped architectural plans including building elevation drawing
3.5 Review: All plans and drawings identified in Paragraph 3.4 above shall be submitted to
the Design Review Committee for review prior to construction of any permanent
structure. The Design Review Committee shall review the plans and shall inform the
owner of the proposed facility in writing whether the plans conform to Design Review
Committee standards. Those plans that are professionally executed better aid the
Design Review Committee in determining the conformity of the plans. In the event owner
is not notified as to the conformity of the plans within the 30-day review period, the plans
are conclusively presumed to be approved as submitted. In the event any aspect of any
2
of the development plans does not conform to the Design Review Committee standards,
the owner shall resubmit those non-conforming portions of the plans for review in
accordance with the procedures outlined in Paragraph 3.4 above, and this Paragraph.
No permanent structures may be constructed unless and until all aspects of all plans
required under Paragraph 3.4 above have been approved by the Design Review
Committee.
3.6 Architectural Guidelines: The development concept for the Newberry Business Park
shall be determined by the Design Review Committee in accordance with applicable
statutes, ordinances, regulations, zoning and other governmental land use controls. In
an effort to maintain architectural integrity of the Newberry Business Park, the Design
Review committee shall require any new construction in the Newberry Business Park to
comply with the following six architectural guidelines:
1. All building exteriors shall be in an earth tone color scheme.
2. Raw materials shall not be visibly stored between the road and new building.
3. If process design allows, Public Entrance to new facilities may not be on North side of
the building for winter safety.
4. All buildings shall have covered public entryways.
5. All buildings shall 2 foot eaves visible from the road.
Special consideration will be given to any building pursuing LEED certification.
Architectural guidelines setting forth various aspects of the development concept, in
addition to this Declaration, may be published from time to time by the Design Review
Committee, but the Design Review Committee shall not be required to do so. The
Design Review Committee shall have the right to alter, rescind, or amend any published
guidelines without prior notice to any party; provided however, that once approval has
been given pursuant to Paragraph 3.5 above, work may proceed in accordance with the
approved plans and drawings, notwithstanding any changes in the development
concept. All such guidelines shall be in general conformity with this Declaration.
3.7 Inspection: All work related to any building, structure, or facility within the Newberry
Business Park shall be performed in conformity with the plans and drawings approved
under Paragraph 3.5 above. The Design Review Committee shall have the right to
inspect any such work to determine its conformity with the approved plans and drawings.
In the event that it is determined in good faith by the Design Review Committee that
certain work is non-conforming, the Design Review Committee may require the Owner to
correct all non-conforming work specified in the notice before full operations commence
at the facility. Commencement of full operations without correction of any such non-
conforming items shall be deemed a breach of this Declaration. The Design Review
Committee or officer, director, employee, agent, or servant of Declarant shall not be
responsible for damages, loss, delay, cost or legal expense occasioned through an order
given in good faith if it is ultimately determined that such work was in conformity with the
approved plans and drawings.
3.8 Waiver: Any condition or provision of Paragraphs 3.3 through 3.7 above may be waived
by the Design Review Committee in their exclusive discretion. Any waiver shall be in
general conformity with the development concept and development standards for the
Newberry Business Park. Any such waiver shall not be deemed a general waiver of any
aspect of the development concept or the required procedures and approvals specified
under Paragraphs 3.3 through 3.7. The granting of a waiver as to one Owner shall not
3
automatically entitle any other Owner to the waiver of the same or similar conditions or
provisions. No waiver shall be valid unless it is in writing signed by an authorized
representative of the Design Review Committee and delivered by certified mail to the
party claiming the benefit of such waiver.
3.9 Control by the Design Review Committee: The Design Review Committee, as
established by Order of the Deschutes County Board of Commissioners (Declarant),
shall exclusively exercise all architectural controls prescribed under this Declaration,
until such time as the Declarant terminates it's interest (by ownership or otherwise) in
any and all property in Newberry Business Park.
3.10 Duration: The Covenants, Conditions and Restrictions of Newberry Business Park shall
continue to remain in full force and effect at all times with respect to all property, and
each part thereof, now or hereafter made subject to (subject however to the right to
amend and repeal as provided herein) for a period of fifteen (15) years from the date this
Amended Declaration is recorded. However, unless within one (1) year from the date of
said termination there shall be recorded an instrument directing the termination of this
Declaration signed by the Owners of not less than two-thirds (2/3) of the property then
subject to this Declaration, based on the number of lots subject to these Restrictions
(excluding dedicated streets) this Declaration, as in effect immediately prior to the
expiration date, shall be continued automatically without further notice for an additional
period of ten (10) years and thereafter for successive periods of ten (10) years unless
within one year prior to the expiration of such period the Covenants, Conditions and
Restrictions for Newberry Business Park are terminated as set forth above in this
Section.
3.11 Amendment: This Declaration or any provision thereof, of any Covenant, Condition or
Restriction contained herein, may be terminated, extended, modified or amended, as to
the whole of said property or any part thereof with a written consent of the Owners of
two-thirds (2/3) of the property subject to these Restrictions based on the number of lots
owned as compared to0 the total number of Lots subject to these Restrictions (excluding
dedicated streets). Provided, however, that as long as Declarant owns at least twenty
five percent (25%) of the property subject to these Restrictions, no such termination,
extension, modification or amendment shall be effective without written approval of the
Declarant.
3.12 Recordation: Any amendment, deletion or repeal of this Declaration shall not become
effective until recorded in the Official Records of Deschutes County.
3.13 Enforcement: This Declaration shall be specifically enforceable by the Declarant and its
designated Design Review Committee, or by any Owner of any Lot in Newberry
Business Park. However, enforcement of the Declaration shall not be mandatory or
obligatory of the Declarant and its designated Design Review Committee, or by any
Owner of any Lot in Newberry Business Park. Any breach of this Declaration shall
subject the breaching party to any and all legal remedies, including damages. In the
event that legal suit or legal action is instituted for the enforcement of this Declaration or
for any remedy for the breach of this Declaration, the prevailing party shall recover that
party's reasonable attorney fees incurred in such suit or action (or any appeal therefrom)
as adjusted by the trial of the appellate court.
3.14 Nonqualifying Improvements and Violation of General Protective Covenants:
4
(A) Suit or Action.
(B) Attorney Fees.
SECTION 4. EFFECT OF DECLARATION
The Covenants, Conditions and Restrictions of this Declaration shall run with the land included
within the Newberry Business Park and shall bind, benefit and burden each Lot within Newberry
Business Park. The terms of this Declaration shall inure to the benefit and shall bind Declarant,
along with all their successors, assigns, heirs, administrators, executors, mortgagees, lessees,
invitees or any other party claiming or deriving any right, title or interest or use in or to any real
property in Newberry Business Park. The regulations set forth herein shall be binding upon all
Owners, lessees, licensees, occupants and users of the property known as Newberry Business
park and their successors in interest as set forth in this Declaration, including any person who
holds such interest as security for payment of an obligation including any mortgages or other
security holder in actual possession of any Lot by foreclosure or otherwise and any other person
taking title from such security holder.
DECLARANT:
DATED this day of .-ATI LY' BOARD OF COUNTY COMMISSIONERS
I OF DESCHUTES COUNTY, OREGON
7✓ti-
TAMMY BA EY, Cri
ATTEST: AN717r BONE, Vice V-ir
Recording Secretary PHILIP G. HEN ERS N, Commissioner
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and PHILIP G.
HENDERSON the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this /3 day of ---4A` LA
My Commission Expires: Jt'S'
Notary Public for Oregon
` T. OFFICIAL STAMP
�` •'$' SHARON RENEE ROSS
f NOTARY PUBLIC-OREGON
O COMMISSION NO.928178
MY COMMISSION EXPIRES MAY 04,2018
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