Anjni
Subdivision
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| | Section 7. | Maintenance | 9 |
| | Section 8. | Insurance | 9 |
| | Section 9. | Landscaping | 9 |
| | Section 10. | Utilities | 10 |
| ; | Section 11. | Mail Box Stands | 10 |
| | Section 12. | Fences | 10 |
| | Section 13. | Approvals | 10 |
| | Section 14. | Access | 10 |
| | ARTICLE VIII. GENERAL PROVISIONS | 11 | |
| | Section 1. Enforcement | 11 | |
| | Section 2. | Severability | 11 |
| | Section 3. | Amendment .. | 11 |
| | Section 4. | No Right of Reversion | 11 |
| | Section 5. | Benefit of Provisions: Waiver | 11 |
| | Section 6. | Assignment by Declarant | 11 |
| | Section 7. | Unilateral Amendment by Declarant | 12 |
AMENDED DECLARATION Of
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ANJNI SUBDIVISION
CORVALLIS, BENTON COUNTY, OREGON
THIS AMENDED DECLARATION, made on the date hereinafter set forth by the undersigned, hereinafter referred to as 'Declarant'.
WHEREAS, Declarant are all of the owners of certain real property described in Exhibit 'A" attached hereto (the 'Property') in the City of Corvallis, County of Benton,
State of Oregon, hereinafter referred to as 'Property', more particularly described in The plat of Anjni Subdivision filed in the Plat Records, Benton County, Oregon; and
WHEREAS, Declarant desires to subject the Property to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the Property, and its present and subsequent owners as hereinafter specified, and will annoy The Property subject thereto;
WHEREAS, Declarant has previously recorded the Declaration of Protective Covenants, Conditions and Restrictions for the Property that was recorded on December 26, 1995, in the Benton County Records, and assigned No. M-207597-95 and recorded b add an exhibit on January 12, 1996, in the Benton County Records and assigned No. M-20122$-96. This Amended Declaration of Protective Covenants, Conditions and Restrictions For Anjni Subdivision replaces and supersedes all previously recorded Declaration of Protective Covenants, Conditions and Restrictions for the Property.
NOW, THEREFORE, Declarant hereby declares that all of the Property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. These easements, covenants, restrictions, conditions, and reservations shall constitute covenants to run wilt the land and shall be binding upon all persons claiming under than and also that these conditions, covenants, restrictions, easements, and reservations shall inure to the benefit of and be limitations upon all future owners of the Property, or any interest therein.
ARTICLE I. DEFINITIONS
Whenever used in this Amended Declaration, the following terms shall have
the following meanings:
I. Association or 'H.O.A.' shall mean ANJNI SUBDIVISION HOMEOWNERS ASSOCIATION, an unincorporated association under the laws of then State of Oregon, its successor and assigns.
2. Park/Play Area' shall mean an island area is the middle of the subdivision to be used as a park and play area.
3. 'Pedestrian Walkway' shall mean a five (5) foot wide walkway on the east end of the subdivision on Lots 12 and 13 that connects Anjni Subdivision with Satinwood Village subdivision.
4. Green Belt' shall mean that six (6) foot strip of land adjoining the roadside curb and the sidewalk.
5. 'Sidewalk' shall mean a five (5) foot wide walkway adjoining the green belt area on the street side with the individual lots of Anjni Subdivision.
6. 'Entry Landscaping* shall mean the landscaping that is placed by the Developers on Lots 1 and 25 that border Highland drive and the sign that is placed on Lot 25 to identify this subdivision.
7. 'Declarant' or 'Developers' shall mean and refer to the undersigned, their successors, heirs and assigns.
8. 'Dwelling Unit' and 'Garage' shall include both the main portion of any structure intended to be occupied by one family as a dwelling and all projections therefrom but shall not include the eaves of such structures, nor uncovered front porches or steps.
9. 'Lot' shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property, with the exception of land owned by the Association.
10. 'Member' shall mean and refer to every person or entity who holds membership in the Association.
11. Mortgage shall mean and refer to any mortgage, contract of sale or deed of trust, and 'Mortgagee' shall refer to the mortgagee, contract seller or beneficiary ender a deed of trust
12. 'Owner' shall mean and refer to the record Owner (or if a lot is being aid on a land sale contract, then the contract purchaser) whether one or more persons or entities, of all or any part of said Property, excluding those having such interest merely as security
AMENDED DECLARATION Covenants, Conditions & Restrictions Page 2
for the performance of an obligation, and excluding the general public and City of Corvallis as owners of any streets, tracts right-of-way or easements.
13. 'Property' shall mean and refer to that attain teal property hereinbefore described.
14. 'Set Back' means the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line.
15. 'Assessment' shall mean the annual charges as provided in Article VI, below.
16. 'Directors' or 'Board of Directors' shall mean the directors of the H.O.A.
ARTICLE II MEMBERSHIP
Every person or entity who is a record Owner (including contract purchasers as above defined) of a fee or undivided fee interest in any Lot, by virtue of such Ownership shall be a member of the Association. The foregoing is not intended to include persons or entitles who hold an interest merely as security for the performance of an obligation or the general public or City of Corvallis as Owners of any streets, tracts, tights-of-way or easements.
Membership shall be appurtenant to and may not be separated from ownership of any Lot made subject to the jurisdiction of the Association. Such ownership shall be the sole qualifications for membership, and shall automatically commence upon a person becoming such Owner, and shall automatically terminate and lapse when such ownership in a Lot shall terminate or be transferred.
ARTICLE III. VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A members shall be all those Owners as defined in Article II with the exception of the Declarant. Class A members shall be entitled to (1) vote for each Lot is which they hold the interest required for membership by Article II and with respect to all matters upon which Owners are certified to vote. When more than one person or entity holds such interest in any Lot, all such persons or entitles shall be members. The vole for such Lot shall be exercised as they among themselves determine, or if unable to agree, they may cast fractional votes proportionate to their ownership interest, but in an event shall moss than one Class A vote be cast with respect to any one Lot. The vote applicable Is any Let being sold under a contract of purchase shall he exercised by the contract buyer mien Ike contract expressly provides otherwise.
Class B. The Class B member(s) shall be the Declarant, their successors and assigns. Class B member(s) shall be entitled to five (5) votes for each Lot in which they hold the interest required for membership by Article II. Existing Class B votes shall be conveyed to Class A votes upon the happening of either of the following events, whichever occurs earlier.
(a) The date that Lots representing ninety percent (90%) of the total number of votes have been conveyed to persons other than Declarant.
(b) December 31, next following the seventh anniversary of the mooring of these Declarations.
ARTICLE IV
PARK/PLAY AREA, PEDESTRIAN WALKWAY AND ENTRY LANDSCAPING
Section 1. Park/Play Area. The final plat map has designated a park/play mea awl the H.O.A. shall maintain this area. This area is designated for use by all members.
Section 2. Pedestrian Walkway. This five (5) foot wide walkway on Lots 12 and 13 shall be landscaped and maintained up to the walkway on each side by adjacent Property Owners, but the pedestrian walkway itself shall be maintained by the H.O.A.
Section 3. Green Belts and Sidewalks, The green belts and sidewalks are along Anjni Subdivision and adjoin the lots that make up this subdivision. The adjoining Property Owners shall be responsible for landscaping and maintaining the green belt arms sod the sidewalks adjoining their respective property.
Section 4. Entry Landscaping and Sign. The entry landscaping along Highland Drive will be located on Lots 1 and 25 and the sign will be located on Lot 25. This entry landscaping and the sign are to be maintained by the H.O.A., but the property owners of Lots 1 and 25 shall be responsible for landscaping and maintenance on their properties cap to the entry landscaping and the sign and for properly watering all of the entry landscaping.
ARTICLE V.
ARCHITECTURAL REVIEW CC%IMII EB
Section 1. Purpose. It is desirable to maintain uniform standards of design, cagey of workmanship, and landscaping for the homes to be built and maintained in Anjni Subdivision. Uniform standards of design, quality of workmanship, and enjoyment of drat Owner's Lot. It is not, however, feasible to set forth a comprehensive list of requirement n for remodeling and maintaining homes in this development. An Architectural Review Committee is, therefore, established, the purpose of which is to review and approve the design and quality of workmanship and landscaping for all changes to homes that be built is the Anjni Subdivision. The Architectural Review Committee will make the determinations based on the following policy guidelines as well as the specific restrictive covenants set fall in this declaration.
Section 2. Policy Guidelines
(a) That uniformity of construction, styles, and construction materials is desired to maintain the quality of the development.
(b) That well-landscaped Lots will add significantly to the value of each and every Owner's interest in Lots in the development.
(c) That unusual fences, outbuildings, and other additions may tend to detract from the enjoyment and the value of each Owner's interest in his or her Lot
Section 3. The Committee. The Architectural Review Committee referred to herein shall be composed of Tom Joy, Molly Joy, and Roxana Rao. Its decision shall be final and binding; however, applications may be resubmitted. Upon failure of the Committee or its designated representative to approve or disapprove any application for a period of thirty (30) days after it has been submitted in writing, in duplicate, to the Chairman of the Committee or his designated representatives, said application will be deemed to have been approved if the said Chairman has signed and dates said application, acknowledging receipt thereof on a copy submitted with the original. The original members of the committee shall serve for three (3) years and thereafter until their successors are elected. New members shall be elected for a term of three (3) years by majority vote of the members of the Architectural Review Committee. If any member of the committee is unable or unwilling to act, the remaining members shall elect a successor to serve out the unexpired term. No member of the Architectural Review Committee, however created or constituted, shall receive any compensation from the Committee or make any charge for his or her services as such. By majority vote of the members of the Architectural Review Committee, the member of members on the Committee may be increased.
Section 4. Approval. Construction may not begin on the exterior remodeling of any home, outbuilding or fence unless a request for approval has been submitted to the Architectural Review Committee in duplicate and has been approved in writing by a majority of the Committee. Requests for approval of exterior remodeling shall contain a copy of the plans and specifications. A request for approval of construction of any fence, screen or pie shall contain a sketch. Requests for approval prior to construction of any exterior remodeling of any home or construction or remodeling of any outbuilding must contain the following.
(a) Copy of Blueprints.
(b) Indication of roof pitch.
(c) House-to-Lot orientation plan.
(d) Height: As measured from the highest point of ground five feet (5') Out fro, foundation (highest side) up to midpoint of roof (halfway between the peak and the gutter).
(e) An indication of what trees or shrubs will be removed or moved during construction.
(t) Color and type of exterior siding. Includes paint or stain colon to be used. (g) Color and type of roofing material.
Upon receipt of the request in writing accompanied by the required information, the Architectural Review Committee shall have 30 days to review the materials and to advise the applicant of its decision in this regard. All construction, landscaping, and exterior remodeling must also comply with the specific property use restrictions set forth below.
ARTICLE VI.
COVENANT FOR MAINTENANCE ASSESSMENT
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant hereby covenants for all of the Property, and each Owner of any Lot by acceptance of deed or contract of purchase therefore, whether or not it shall be no expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: (1) Regular annual or other regular periodic assessments or charges, and (2) Special assessment for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be charged on each Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees to collect or foreclose same, shall also be the personal obligation of the person who was the Owner of the Lot at the time such assessment was levied. The obligation shall remain a lien on the Lots until paid or foreclosed, but shall not be a personal obligation of successors in tide unless expressly assumed by them.
The assessments levied by the Association shall be used for the obligations of the H.O.A. stated in Article IV, above.
Section 3. Basis and Maximum Annual Assessments Starting in 1996, the regular assessment shall be a sum of up to One Hundred Fifty Dollars ($150.00) per year for cock Lot owned by Class A person(s). The assessment will be levied on all Lots owned by Class A member(s) on June 1 of each year.
(a) From and after June 1, 1996, the maximum annual assessment may be increased by the Association's Board of Directors, effective on the first day of March following such decision without a vote of the members. The increase shall reflect the cumulative change, if any, of the Consumer Price Index (published by the US Department of Labor), US West, All Consumers, All Items from January 1, 1997, to a date fixed by the Bard, or to a lesser amount as determined by the Board. Increases shall be rounded to the nearest Five Dollar ($5) increment.
(b) From and after June 1, 1996, the maximum annual assessment may be increased above that determined by reference to the Consumer Price Index, as aforesaid, by a vote of the members, provided that any such increase shall be approved by the affirmative vote of not less than two-thirds of the voles of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.
(c) The Board of Directors may fix a regular flat assessment upon a monthly, quarterly or annual basis at an amount not in excess of the maximum specified above.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a descried capital improvement or obligation in Section 2, above, provided that any such assessment reflecting an expenditure of in excess of Five Hundred Dollars ($500.00) shall requite the consent of a two-thirds majority of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment Regular periodic flat charges and any special assessments must be fixed at a uniform rate for all Lots and nay be collected tom m annual, quarterly, or monthly basis at the discretion of the Directors.
Section 6. Quorum For Any Action Authorized Under Sections 4 and 5. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast sixty percent (60%) of all the votes of cads dam of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 3 and 4, and the required quorum at such subsequent meeting shall be ono-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no mama was forthcoming.
Section 7. Date of Commencement of Annual Assessments: Due Dates. All Lots (and therefore the Owners thereof excluding Declarant as above specified) shall be subject to the annual or monthly assessments provided for herein on the rust day of March each year. The Board of Directors shall fix the amount of regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors.
Section S. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum. The Secretary-Treasurer of the said Association shall file in the office of the County Clerk of the county in which said Property is located, a statement of the amount of any such charges or assessment, together with interest as aforesaid, which have become delinquent with respect to any Lot, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment, together with interest, costs, and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the Lot with respect to which it is fixed from the date the notice of delinquency thereof is filed in the office of the County Clerk, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The Owner of a Lot at the time said assessment is levied shall be personally liable for the expenses, costs, and disbursements, including reasonable attorney's fees of the Declarant or the Association, as the cue may be, of processing and, if necessary, enforcing such liens, all of which expense, costs and disbursements, and attorney's fees shall be secured by said lien, including fees on appeal, and such Owner, at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Park/Play Area or abandonment of his or her Lot.
Section 9. Exempt Property. The following Property subject to this Amended Declaration shall be exempt from the assessments created herein: Property owned by the Declarant prior to the time a dwelling unit or other building is constructed thereon and occupied.
ARTICLE VII.
SPECIFIC PROPERTY USE RESTRICTIONS
Section 1. Signs. Unless written approval is first obtained from the Architectural Review Committee, no sign of any kind shall be displayed to public view on any bending on the Property, except one professional sign of not more than five square feet of steam advertising the Property for sale or rent, or signs used by the developer to advertise the Property during the construction and sales period, including an entry signs(s) permanently placed at the entrance by the Declarant. If a Property is sold or tented, any sign relating thereto shall be removed immediately, except that the Owners or their agent may place a 'Sold' sign for a reasonable period following a sale.
Section 2. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Property except dogs, cats or other household pets provided that such household pets are not kept, bred or maintained for any commercial purposes.
Section 3. Waste. No part of said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash cc other waste shall be kept or maintained on any part of said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Section 4. Offensive Conditions. No noxious or offensive or unsightly condition shall be permitted upon any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
Section S. Other Occupancies. No trailer, camper-truck, tent, RV., garage, ism, shack or other outbuilding shall at any time be used as a residence, temporarily or permanently, on any part of the Property.
Section 6. Parking. Parking of boats, trailers, motorcycles, trucks, junk cars or other equipment of a type not normally used for family transportation shall not be allowed at any part of the said Property nor on public ways adjacent thereto except only within the confines of an enclosed garage and no portion of the same may project beyond the enclosed area. The term "of a type not normally used for family transportation" includes campus, other vehicles, and other equipment primarily used for camping, recreation, or overnight accommodations.
Section 7. Maintenance. Each Owner shall be responsible for maintaining and keeping in good order the condition and repair of the exterior of that Owner's dwelling unit, of the Lot and adjoining green belt and sidewalk, and of the landscaping on the Lot and adjoining green belt. In the event that any Owner fails to comply with the condition of this paragraph, in addition to any other remedies, the Architectural Review Committee may hers the required maintenance done and bring legal action against the Owner of the Lot to recover the cost of the maintenance performed.
Section 8. Insurance. Each Owner shall maintain a suitable policy of casualty and liability insurance upon his or her dwelling and Lot. In the event that any home, outbuilding or fence is damaged through casualty loss, each Owner shall repair and restore such Property as soon as it is reasonably practical under the circumstances but not in any meet to exceed one (1) year from the date of loss.
Section 9. Landscaping. Each Owner shall maintain the grass, shrubs, trees, and other landscaping on the Lot and adjacent green belt in good condition. Owners will have
one (1) year from date occupancy permit is issued to complete landscaping of their yard sea adjacent green belt.
Section 10. Utilities. All utilities such as water, sewer, gas, telephone, power, and television lines are to be under ground. Visible antennas of any kind shall not be permitted.
Section 11. Mail Box Stands. Mail Box Stands shall be furnished and maintained by the post office. The location shall be determined by local U.S. Post Office and City officials. Maintenance of sidewalk areas around mailboxes is the responsibility of adjacent Property Owners.
Section 12. Fences. To insure an attractive community, no fences, gate, screen gate or similar structure may be placed on any Lot unless the following requirements ate satisfied:
(a) Any fence, screen gate or similar structure must be approved in advance of construction in writing by the Architectural Review Committee (as required by ARTICLE V, Section 4.)
Items to be submitted for approval include:
-Type of construction (design sketch)
-Plot, plan of area (layout)
-Height, materials, and color
(c) In an attempt to encourage trees, bushes, and shrubs for privacy screening and still provide secure area for children and pets, without creating an unpleasant looking barricaded community, the following guidelines have been established:
Quality woods with natural earth tones are recommended.
Fences located off the Property line used for screening will be encouraged, such as around patio.
(iii) Fences broken with vegetation screen will be encouraged.
Section 13. Approvals. Approvals required from the Architectural Review Committee under any Article contained in this Amended Declaration must be obtained from the Association's Board of Directors if the Architectural Review Committee messes to exist for any reason.
Section 14. Access. Members of the Association along with any employees or contractors hired by the Association may enter upon any parts of the property to do any necessary construction, repairs or maintenance provided for herein.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner or the Owner of say recorded mortgage on any part of said Property shall have the right to enforce, by nay proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or thereafter imposed by the provisions of this Amended Declaration, provided that the party seeking to enforce can show that its interests are adversely affected to some material degree by the failure to enforce. Failure by the Association or by any Owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3. Amendment. Any of the covenants and restrictions of this Amended Declaration may be amended by a vote of seventy-five percent (75%) of Class A members and seventy-five percent (75%) of Class B members of the Association called at a meeting for that purpose. All amendments shall become effective when reduced to writing, executed by the appropriate Association officers and recorded in the Benton County Deed Records.
Section 4. No Right of Reversion. Nothing herein contained in this Amended Declaration or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said Property, or any part thereof, shall be deemed to vest or reams in Declarant or the Association any right of reversion.
Section 5. Benefit of Provisions: Waiver. The provisions contained in this Amended Declaration shall bind and inure to the benefit of the Declarant, the Association, and the Owner or Owners of any portion of said Property and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the Property Owners or their legal representatives, heirs, and successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so.
Section 6. Assignment by Declarant. Any or all rights, powers, and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers, and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to die same obligations and duties as are given and assumed by Declarant herein. All rights of Declarant herein reserved or created shall be held and exercised by the undersigned alone, so long as they own any interest in any portion of the Property.
Section 7. Unilateral Amendment by Declarant. Notwithstanding by anything to the contrary otherwise stated herein, Declarant, in their sole discretion and based on good hick interpretation, reserve the right to unilaterally amend the Amended Declaration if necessary to comply with the requirements of the Oregon Planned Community Act, u in effect on the date of recording of this Amended Declaration, because the de minimus planned community status as described in that Act will be lost, and no other exemption from such Act is available. The right of unilateral amendment shall accrue to the Board once Declarant Lawn no further Lots in the Property.
IN WITNESS WHEREOF, we the Owners of the Property have executed this Amended Declaration on the 1st day of April, 1996.
ANJNI DEVELOPMENT, L.L.C.
Corvallis, Oregon Real Estate Home
