| | Ashbrook
Village Condominiums
-
Philomath,
Oregon
-
Platted in 1980
- 46 Condominium Units
- Includes the streets of - Newton Street, Highway
20
-
CCR's (Covenants, Conditions and Restrictions)- See Below
- Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Ashbrook
Village
Condominiums Plat
Map- Ashbrook
Village
Condominiums Home Styles-
CCR's
(Covenants, Conditions and Restrictions)-
View recorded documents -
DECLARATION OF UNIT
OWNERSHIP
FOR
ASHBROOK VILLAGE CONDOMINIUM
an Oregon condominium
This Declaration submits to the provisions, restrictions and
limitations of Oregon Unit Ownership Law, land herein-after described
and all improvements now existing or to be constructed on such
property, to be known as ASHBROOK VILLAGE CONDOMINIUM.
Recitals, Intent and Purpose
DOUBLE D CONTRACTORS, INC. ("Declarant"), is owner-in fee simple of the
property described hereinbelow, and desires to submit said property to
the condominium form of ownership, to be converted, handled and used in
the manner .
provided by the Oregon Unit Ownership Law.
NOW, THEREFORE,
Declaration -
Declarant hereby declares on behalf of itself, its successors, grantees
and assigns, as well as to any and all persons having, acquiring or
seeking to have or acquire any interest of any nature whatsoever in and
to any part of the property as follows:
1. DEFINITIONS.
Except as otherwise provided or modified by this Section, the terms
herein shall have the meaning set forth in Oregon Unit Ownership Law,
ORS 91.500 et seq., and said statute and definitions are incorporated
herein. As used in this Declara tion and in the Bylaws, the following
terms shall have the following meanings:
Condominium' means the land, all buildings, improvements and structures
thereon, and all easements, rights and appurtenances belonging thereto,
which are here-with submitted to the provisions of the Oregon Unit
Ownership Law.
Mortgage' and 'Mortgagee' include a deed of trust and the beneficiary
thereunder respectively.
Institutional Holder' for purposes of this Declaration and the Bylaws
and for any other purposes in connection with the mortgages or trust
deeds of a unit in the condominium, means a .mortgagee which is a bank
or savings and loan association or established mortgage company, or
other entity chartered under federal or state laws, any corporation or
insurance company, or any federal or state agency.
"Unit' means the airspace encompassed by the undecorated interior
surface of the perimeter floors, ceilings and walls which is owned in
fee simple by each unit owner and which is more specifically described
in Section 3.2 of this Declaration.
2. LAND DESCRIPTION.
The land is located in the County of Benton, State of. Oregon and is
more particularly described as set forth on Exhibit "A' attached hereto.
3. NAME AND UNIT DESCRIPTION.
3.1 Name. The name by which the property submitted hereunder shall be
known is ASHBROOK VILLAGE CONDOMINIUM.
3.2 Unit Description. Other than in common, the owners of the
respective units shall not be deemed to own the undecorated and/or
unfinished surfaces of the perimeter walls, floors, and ceilings
surrounding their respective units, nor shall said owners be deemed to
own pipes, wires, conduits or other public utility lines running
through said respective units which are utilized for, or serve more
than one unit except as tenants in common with other unit owners.
Said owners, however, shall be deemed to own the interior walls and
partitions which are contained within said owner's respective unit, and
also shall be deemed to own the inner decorated and/or finished
surfaces of the perimeter walls, floors and ceilings, including paint,
wallpaper, and/or other type decorations.
In interpreting deeds, mortgages, deeds of trust and other instruments,
for any purpose whatsoever or in connection with any matter, the
existing physical boundaries of the unit or of a unit reconstructed in
substantial accordance with the original plans hereof shall be
conclusively presumed to be the boundaries regardless of settling,
rising or lateral movement of the building and regardless of variances
between boundaries as shown on the plat and those of the actual
building or buildings.
3.3 Building Description and Unit Designation. The land submitted by
this Declaration has eleven (11) buildings thereon in which condominium
units are located and a twelfth building which contains the recreation
center. The condo minium buildings, which are one and two story, of
wood frame construction on concrete foundations with plywood siding and
composition shingle roofs contain forty-six (46) units. The vertical
and horizontal boundaries, number designation, location and dimension
of each unit is shown on the plat, Exhibit "B."
The allocation to each unit of an undivided interest in the common
elements was determined by dividing the sum of the approximate floor
space of all units into the approximate floor space of each respective
unit.
The unit designation, approximate area and per centage ownership in
common elements is as follows:
Percentage Ownership Unit No. Approximate
Area in Common Elements
1 691 sq.
ft. 1.8720
2 691 sq.
ft. 1.8720
3 618 sq.
ft. 1.6743
4 618 sq.
ft. 1.6743
5 691 sq.
ft. 1.8720*
6 691 sq.
ft. 1.8720
7 691 sq.
ft. 1.8720
8 899
sq.ft. 2.4355
9 899 sq.
ft. 2.4355
10 691 sq.
ft. 1.8720
11 691 sq.
ft. 1.8720
12 691 sq.
ft. 1.8720
13 899 sq.
ft. 2.4355
14 899 sq.
ft. 2.4355
15 691 sq.
ft. 1.8720
16 1077 sq.
ft. 2.9178
17 899 sq.
ft. 2.4355
18 899 sq.
ft. 2.4355
19 1077 sq.
ft. 2.9178
20 691 sq.
ft. 1.8720.
21 530 sq.
ft. 1.4359
22 530 sq.
ft. 1.4359
23 691 sq.
ft. 1.8720
24 965 sq.
ft. 2.6143
25 965 sq.
ft. 2.6143
26 965 sq.
ft. 2.6143
27 965 sq.
ft. 2.6143
28 691 sq.
ft. 1.8720
29 691 sq.
ft. 1.8720
30 1077 sq.
ft. 2.9178
31 1077 sq.
ft. 2.9178
32 691 sq.
ft. 1.8720
33 691
sq.ft. 1.8720
34 965 sq.
ft. 2.6144
35 965 sq.
ft. 2.6144
36 691 sq.
ft. 1.8720
37 1077 sq.
ft. 2.9178
38 1077 sq.
ft. 2.9178
39 691 sq.
ft. 1.8720
40 691 sq.
ft. 1.8720
41 691 sq.
ft. 1.8720
42 691 sq.
ft. 1.8720
43 691 sq.
ft. 1.8720
44 691 sq.
ft. 1.8720
45 691 sq.
ft. 1.8720
46 1077 sq. ft.
2.9178
100.0000
4. GENERAL COMMON ELEMENTS.
The general common elements consist of all portions of the condominium
not part of a unit or a limited common element, including, but not
limited to, recreation room, unnumbered parking spaces, stairways,
swimming pool, covered bicycle racks, maintenance garage, basketball
court, decking, roof, exterior and all supporting elements of the
building and the land and landscaping. Each unit will be liable for the
general common expense in equal proportion, excepting for fire and
casualty insurance premiums and reserve for replacement.
The general common elements shall be used in accordance with and
subject to the following provisions:
4.1 Rules and Regulations Promulgated by the Association No person
shall use the common elements or any part thereof in any manner
contrary to or not in accordance with such rules and regulations
pertaining thereto, as from time to time may be promulgated by the
Association. Without, in any manner, intending to limit the generality
of the foregoing, the Association shall have the right, but not the
obligation, to promulgate rules and regulations limiting the use of the
common elements to the members of the Association and their respective
families, guests, invitees and servants. Such use may be conditioned
upon, among other things, the payment by the unit owner of such
assessments as may be established by the Association for the purpose of
defraying the cost thereof.
4.2 Maintenance and Repair. Maintenance and repair of the common
elements shall be the responsibility of the Association. Nothing herein
contained, however, shall be construed so as to preclude the
Association from delegating to persons, firms or corporations of its
choice, such duties as may be imposed by the Association. Common
expenses incurred for such maintenance and repair shall be borne
equally on the periodic basis determined by the Board of Directors,
excepting for fire and casualty insurance (which shall be shared in
proportion to the amount of coverage placed on each unit) and reserves
for replacement which shall be apportioned among the units based upon
the square footage of each unit. The larger units shall pay a larger
monthly amount towards the reserve. However, the allocation among the
units may be approximate and need not be based precisely upon the
amount of square footage.
4.3 Income from Common Elements. All income derived from any
coin-operated vending machines and/or any other income derived from the
common elements shall be income of the Association. The Board of
Directors may, in its dis cretion, use such income to help meet the
expense of main taining the common elements or for such other purpose
as may benefit the Association and the Unit Owners in a substantially.
equal manner.
4.4 Parking. There are fourteen (14) single car carports and thirty-two
(32) numbered parking spaces. One carport or numbered parking space
appertains to each unit as a limited common element. The unnumbered
parking spaces shall be used in accordance with rules and regulations
promulgated by the Board of Directors.
4.5 Voting. The owner of each unit shall be entitled to one vote.
'Majority" or "Majority of Unit Owners" shall mean owners of more than
fifty percent (50%) of the units. The calling and conducting of
meetings of the Association of Unit Owners and the exercise of voting
rights shall be controlled by Article II of the Bylaws.
5. LIMITED COMMON ELEMENTS.
The carports and numbered parking spaces are limited common elements,
the use of which ii limited to the unit bearing the same numeration as
the carport/parking space as shown on the plat. Each of the patios is a
limited common element appertaining to the unit which it adjoins.
Notwith standing that the carports/numbered parking spaces and patios
are limited common elements, the expense of maintenance, repair and
replacement of the carports/numbered parking spaces and patios shall be
an equal expense of all unit owners, excepting for any damages caused
by the negligence or intentional action of a specific unit owner, in
which event such owner shall be liable to repair such damage to the
limited common element.
6. USE RESTRICTIONS.
The use-of the condominium property will be in accordance with the
following provisions, as long as the condominium exists and the
condominium building in useful condition exists upon the land.
.6.1 Use as Private Dwelling Only. Each of the units' will be occupied
as a single-family private dwelling by its owner or his tenant, their
visitors and guests, and for no other purpose.'
6.2 Pets. No owner may keep a pet in his unit without the prior written
consent of the Board of Directors. Any owner given such authorization
shall further abide by the Municipal Sanitary Regulations, leash laws
and rules or regulations of the Association created by the Board of
Directors.
6.3 Assessment for Professional Management. The Declarant has not
included a cost estimate in the present monthly assessment to pay for
professional management. In the event the Board of Directors of the
Association or 50% of the first mortgagees of units in the condominium
require professional management, the monthly assessment of unit -
owners will be increased to pay for such professional manage ment. The
term of and provisions in any professional manage ment agreement shall
be consistent with Section 10.5 of this Declaration.
6.4 Appearance of Condominium Building.. The unit owners will not cause
anything to be hung, displayed, or placed on the walls, doors, windows,
walkways, ceilings of walkways or roof of the condominium building or
any other common element; and they will not otherwise change the
appearance of any portion of the common elements without the prior
written consent of the Board of Directors. Each unit owner shall
provide draperies at all windows which shall be lined with white
materials, sufficiently opaque so as to not disclose the color of the
interior portion of such draperies. No clothes lines or similar
devices, no radio or television antennas or aerials and no "For Sale"
signs, will be allowed on any part of the condominium property without
the prior written consent of the Board of Directors, except that the
Declarant may post reasonable signs in reasonable places on the
condominium property advertising any unsold unit for sale.
6.5 Nuisances. No nuisances will be allowed upon the condominium
property, nor any use or practice that is the source of annoyance to
residents or which interferes with the peaceful possession and proper
use of the property by its residents. All parts of the condominium will
be kept in a clean and sanitary condition, and no rubbish, refuse or
garbage allowed to accumulate, nor any fire hazard allowed to exist. No
unit owner will permit any use of his unit or make any use of the
common elements that will increase the cost of insurance upon the
condominium property.
6.6 Improper, Offensive or Unlawful Use. No improper, offensive or
unlawful use will be made of the condominium property nor any part of
it; and all valid laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction will be observed. The
responsibility of meeting the requirements of governmental bodies for
maintenance, modification or repair of the condominium property will be
carried out and paid for in the same manner as the respon sibility for
the maintenance and repair of the property concerned.
6.7 Additional Rules. Rules and regulations con cerning other use of
the condominium property may be made and amended from time to time by
the Association or the Board of Directors. Copies of such rules and
regulations will be furnished to all unit owners and residents of
thecondominium, upon request. Additional rules, regulations and
restrictions are contained in the Bylaws.
7. MANAGEMENT OF AFFAIRS OF THE ASSOCIATION OF UNIT OWNERS.
The affairs of the Association of Unit Owners shall be managed by a
Board of Directors and by officers consisting of a Chairman of the
Board of Directors, a Secretary and a Treasurer. The Board of Directors
shall adopt administrative rules and regulations governing details of
the operation, maintenance and use of the property, and to prevent
unreasonable interference with the use of the respective units and of
the common elements by the several unit owners. The Board of Directors
may retain an individual (one of the unit owners), a firm or
corporation to act as manager of the property.
8. SERVICE OF PROCESS.
The name of the person to receive service of process in cases provided
in Subsection 1 of ORS 91.578, is W. Dale Dyer, whose address in Benton
County is 999 N. W. Circle, Corvallis, Oregon 97330.
9. ADOPTION OF BYLAWS.
The undersigned Declarant, subject to this Declaration, has adopted,
pursuant to the regulations of the Oregon Unit Ownership Law, the
Bylaws attached hereto and by reference made a part hereof, marked
Exhibit "C," to govern the adminis tration of the property.
9.1 Amendment. The Bylaws may be amended from time to time as provide
therein. Any amendment thereto shall be recorded in the official
records of Benton County, Oregon.
9.2 Compliance with Bylaws and Other Restrictions. Each unit owner
shall comply with the Bylaws and with the administrative rules and
regulations adopted pursuant thereto and with the covenants, conditions
and restrictions in this Declaration or in the deed to his unit.
Failure to comply therewith shall be grounds for suit or action,
maintainable by the Association of Unit Owners or by any unit owner, in
addition to other sanctions which may be provided by the Bylaws or by
any existing administrative rules and regula tions. Should any conflict
exist in the interpretation or application of the Declaration and
Bylaws, the Declaration shall control.
9.3 Legal Proceedings. Failure to comply with any of the terms of the
condominium documents and regulations adopted pursuant thereto, shall
be grounds for relief which may include, without intending to limit the
same, an action to recover sums due, damages or a suit for injunctive
relief, to foreclose a lien or any combination thereof. Relief may - be
sought by the Association or by the manager of the Asso ciation, or if
appropriate, by an aggrieved unit owner.
9.4 Costs and Attorneys' Fees. In any proceeding arising because of
alleged default by a unit owner, the pre vailing party shall be
entitled to recover the cost of the proceedings and such reasonable
attorneys' fees as may be determined by the trial court in any trial or
by the Appellate Court in any appeal thereof.
9.5 Waiver of Rights. The failure of the Association or a unit owner
to' enforce any right, provision, covenant or condition which may be
granted by a condominium document, shall not constitute a waiver of the
right of the Associa tion or unit owner to enforce such right,
provision, covenant or condition in the future.
10. MORTGAGEES.
In the event of a conflict between this Section 10 and other provisions
of this Declaration, the provisions of this Section 10 will prevail.
10.1 Notice of Change in Documents or Manager. The Association of Unit
Owners shall give each mortgagee written notice thirty (30) days prior
to the effective date of (i) any change in the condominium documents
and (ii) any change of manager (not including change in employees of
corporate manager) of the condominium.
10.2 Notice of Default by Mortgagor. The Association of Unit Owners
shall give each mortgagee written notifica tion of any default by the
mortgagor of such unit in the performance of such mortgagor's
obligations under the condo minium documents or the Oregon Unit
Ownership Law, which is not cured within thirty (30) days.
10.3 Mortgagee Exempt from Certain Restrictions. Any holder of a
mortgage which comes into possession of the unit pursuant to the
remedies provided in the mortgage, or fore-closure of the mortgage, or
deed (or assignment) in lieu of foreclosure, shall be exempt from any
"right of first refusal" or other restriction on the sale or rental of
the mortgaged unit, including but not limited to, restrictions on the
ageof unit occupants and restrictions on the posting of signs
pertaining to the sale or rental of the unit.
10.4 Subordination of Association Lien to Mortgage/ Discharge of Lien
Upon Foreclosure. Subject to ORS 91.546, the lien of the Association
shall be subordinate to a first mortgage or trust deed of record. Any
holder of a mortgage which comes into possession of the unit pursuant
to the remedies provided in the mortgage, by foreclosure of the
mortgage, or by deed (or assignment) in lieu of foreclosure, shall take
the property free of any claims for unpaid assessments or charges
against the mortgaged unit which accrue prior to the time such holder
comes into possession of the unit (except for claims for a pro rata
share of such assessments or charges resulting from a pro rata
reallocation of such assessments or charges to all units including the
mortgaged unit).
10.5 Professional Management. Upon written request of the holders of at
least fifty percent (50%) of the first mortgages of units in the
condominium, the Board of Directors shall employ a professional manager
to manage the affairs of the Association. Any agreement for
professional management shall provide that the management contract may
be terminated for cause on thirty (30) days' written notice and the
term , of any such contract shall not
exceed one (1)
year. Without the prior written approval of the holders of seventy-five
percent (75%) of the first mortgages on units in the condo-
condominium, the Association of Unit Owners may not effect
any .
decision to terminate professional management and assume self
management of the condominium.
10.6 Written Consent of Mortgagee Required in Certain Cases. Unless all
holders of first mortgage liens on indi dividual units have given their
prior written approval, the Association of Unit Owners of the
condominium shall not:
(a) change the pro rata interest or obliga tions of any condominium
unit for (i) purposes of levying assessments or charges or allocating
distributions of hazard insurance proceeds or con demnation awards and
for (ii) determining the pro rata share of ownership of each unit in
appurtenant real estate and any improvements thereon which are owned by
the unit owners in the condominium in undivided pro rata interests
("common elements");
(b) partition or subdivide any unit or the common elements of the
condominium property; or (c) by act or omission seek to abandon the
condominium status of the condominium property, except as provided by
the Oregon Unit Ownership Law in the event of substantial loss to the
units and common elements of the condominium property;
(d) by act or omission, seek to abandon, partition, subdivide,
encumber, sell, or transfer, the common elements. The granting of
easements for public utilities or for other public purposes consistent
with the intended use of the common elements shall not be deemed a
transfer within the meaning of this clause;
(e) use hazard insurance proceeds for losses to any condominium
property (whether to units or to common elements) for other than the
repair, replacement or reconstruction of such improvements, except as
provided by the Oregon Unit Ownership Law in case of substantial loss
to the units and/or common elements of the condominium project.
10.7 Proxy Held by Mortgagee in Certain Cases. The first mortgagee (or
beneficiary under a trust deed) may attend a meeting of the Association
of Unit Owners with the proxy of the mortgagor of said unit for the
purpose of voting to paint or otherwise maintain the common elements.
Provided, however, such right shall arise only in the event the
mortgagee reasonably believes that the Association of Unit Owners has
failed to maintain the common elements in sufficient manner to prevent
excessive wear and tear.
10.8 Right to Examine Books and Records. All first mortgagees shall
have the right to examine the books and records of the Association of
Unit Owners or the condominium property upon reasonable notice and at
reasonable times.
10.9 Right to Annual Reports. All first mortgagees shall, upon request,
be entitled to receive an annual audited financial statement of the
Association within ninety (90) ' days following the end of any fiscal
year of the Association of Unit Owners.
10.10 Right to Receive Written Notice of Meetings. The Association of
Unit Owners shall give all first mortgagees, upon request, written
notice of all meetings of the Asso ciation, and such first mortgagees
shall be permitted to designate a representative to attend all such
meetings.
10.11 Notice in Event of Loss or a Taking.. The Condo minium Owners
Association shall give all first mortgagees written notice of any loss
to, or taking of, the common elements of the condominium project or a
unit in the condo minium project if such loss or taking exceeds $10,000
with respect to the common elements or $1,000 with respect to any unit.
11. AMENDMENTS TO DECLARATION.
Except where a larger vote is required by law, this Declaration may be
amended from time to time by consent or approval of the unit owners
holding 75t or more of the voting rights as otherwise set forth in this
Declaration. Provided, however, no amendment of this Declaration
reducing or eliminating the right of any first mortgagee shall be made
without the prior written consent of all such first mortgagees.
11.1 Declarant's Approval Required. Declarant's prior written consent
shall also be required so long as Declarant owns any unit in the
condominium, but no such consent shall be required after three years
after this Declaration is recorded.
11.2 Specific Unit Owner's Approval Required. No amendment may change
the size, location, percentage interest in the general common elements,
share of common profits or expenses, or voting power of any unit unless
such amendment has been approved by the owners of the affected unit and
the holders of any mortgage or trust deed on such unit.
11.3 Approval of City of Philomath. No amendment of this Declaration
affecting any rights or covenants to the City of Philomath may be made
without approval of the City as set forth in Section 14 of this
Declaration.
11.4 Recordation. The amendment shall be effective upon recordation in
the Deed Records of Benton County, certified to by the chairman and
secretary of the Association and approved by the County Assessor and
the Real Estate Commissioner.
12. SUBDIVISION. No unit may be subdivided into divisions of any nature.
13. AUTHORITY TO GRANT EASEMENTS, RIGHTS-OP-WAX. LICENSES AND OTHER
SIMILAR INTERESTS.
Pursuant to ORS 91.527(5), the Association shall have the authority to
execute, acknowledge, deliver and record on behalf of the unit owners,
easements, rights-of-way, licenses and other similar interests
affecting the general common elements. The granting of any such
interest shall first be approved by at least seventy-five percent (75%)
of the unit owners as required by ORS 91.527(6). The instrument
granting any such interest shall be executed by the chairman and
secretary of the Association and acknowledged in the manner provided
for acknowledgment of such instruments by such officers and shall state
that such grant was approved by at least seventy-five percent (75%) of
the unit owners.
14. COVENANTS WITH THE CITY OF PHILOMATH.
14.1 The Association shall maintain the common areas and elements of
the Condominium (including open spaces, recreational facilities and
accessways) in the manner necessary to meet standards lawfully required
by the City of Philomath under the authority of its ordinances,
including but not limited to, ordinances relating specifically to the
condominium property. Unit owners shall be assessed sufficient amounts
to assure that the maintenance of common areas and elements conforms to
such standards. The foregoing maintenance requirements shall continue
as an obligation upon the property and the owners thereof,
notwithstanding dissolution of the Association or withdrawing of the
property from unit ownership)
14.2 In the event the Association is dissolved or for any other reason
ceases to maintain the common areas and elements (including open
spaces, recreational facilities and accessways), the City of Philomath
may perform any maintenance work it reasonably deems necessary and may
impose a lien . upon the units, and common elements appertaining
thereto, for the reasonable value of said work. Any such lien may be
enforced and foreclosed in the manner provided, in ORS 223.505 to
223.650.
14.3 No recreation vehicles, travel trailers or vehicle in disrepair
shall be kept or stored on the condominium grounds.
14.4 The City of Philomath shall be provided with a copy of the annual
financial report of the Association at the same time that it is
delivered to Association members which shall be not later than ninety
(90) days after the end of the Association's fiscal year.
14.5 The provisions of this Section may not be amended without the
prior written consent of the City of Philomath and are in addition to
the other provisions of this Declaration. Where a conflict between the
provisions of this Section and other provisions of this Declaration
exists, the provisions of this Section 14 shall control.
15. DECLARANT'S SPECIAL RIGHTS.
So long as the Declarant owns any unit in the condo minium, but not
later than three years after this Declaration is recorded, the
Declarant shall have the following special rights:
15.1 Sales Office and Model. The Declarant shall have the right to
maintain a sales office and model in one or more of the units which the
Declarant owns. The Declarant and prospective purchasers and their
agents shall have the right to park automobiles in common areas and to
use and occupy the sales office and models during reasonable hours any
day of the week.
15.2 'For Sale' Signs. The Declarant may maintain a reasonable number
of 'For Sale' signs at reasonable locations on the condominium property.
15.3 No Capital Assessments Without Consent. Neither . the Association
nor the Board of Directors shall make any assessments for new
construction, acquisition or otherwise without the prior written
consent of the Declarant. Provided, however, nothing contained in this
Section 14.3 is intended nor shall be construed as a limitation on the
Declarant's obligation to pay common monthly assessments on units owned
by the Declarant pursuant to requirements of the Oregon Unit Ownership
Law.
15.4 Common Area Maintenance By The Association. The Association shall
maintain all common areas in a clean and attractive manner. Should the
Association fail to do so, the Declarant may perform such maintenance
at the expense of the Association.
15.5 Declarant's Easements. The Declarant, its agents and employees,
shall have an easement on and over the common areas for the completion
of any portion of the condominium, including the furnishing and
decoration or any unit, sales office or model including the storage of
materials on the common area at reasonable places and for reasonable
lengths of time.
IN WITNESS WHEREOF, the undersigned fee owner of the subject property
has caused this Declaration to be executed
This 7th day of April1980
DOUBLE D CONTRACTORS, INC.
EXHIBIT 'A'
A tract of land located in Section 7 Township 12 South, Range 5 West,
Willamette Meridian, Benton County, Oregon more particularly described
as follows:
Beginning at the most southwesterly corner of Lot 10 in Block 1 of
Ash-Brook Estates, a subdivision of record in Benton County, Oregon,
located in the N. P. Newton Donation Land Claim No. 72 in the West
one-half of Section 7 in Township 12 South, Range 5 West, Willamette
Meridian; thence N. 89'54'33'E. 140.01 feet; thence N. 82'40'26' E.
61.45 feet; thence N. 61°28'12' E. 61.27 feet; thence N. 51'17'55'
E. 271.35 feet; thence N. 43.28'38' E. 55.06 feet; thence S. 57.47'18'
E. 95.23 feet to a point on the westerly right-of-way line of Newton
Street (60.00 ft. right-of-way);
thence along said right-of-way line on the arc of a 240.00 foot radius
curve to the left (long chord bears N. 07.41'21' E. 177.10 feet) a
distance of 181.38 feet; thence continuing along said right-of-way line
N. 14'02'51' W. 69.69 feet to a point on the southerly right-of-way
line of U. S. Highway 20 thence along said highway right-of-way line S.
76'01'00" W.
609.79 feet; thence leaving said right-of-way line S. 0040'51' W.
291.93 feet to the point of beginning. Containing 3.7806 acres of land,
more or less.
Corvallis,
Oregon Real Estate Home
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