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Avery
Crossing
Subdivision
-
Corvallis,
Oregon
-
Platted in 1979
- 9 home lots
- Includes the streets of - Highway 20-Highway 34 (Corvallis-Newport Highway), 15th Street
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CCR's (Covenants, Conditions and Restrictions)- See Below
- Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known
Avery Crossing
Subdivision Plat
Map-
Avery Crossing
Subdivision Home Styles-
CCR's
(Covenants, Conditions and Restrictions)-
View recorded documents-
PROTECTIVE COVENANTS, CONDITIONS, DECLARATIONS
AND RESTRICTIONS
for
AVERY CROSSING BENTON COUNTY, OREGON
THIS DECLARATION, made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant":
WHEREAS, Declarant is the Owner of certain real property in the County
Of Benton, State of Oregon, hereinafter referred to as "said property"
were particularly described as follows:
AVERY CROSSING as platted in Book 8, pane 96, Benton County Records (Exhibit A).
WHEREAS, Declarant desires to subject said property to certain
Protective Covenants, Conditions, Restrictions, reservations,
easements, liens and charges for the benefit of said property, and its
present and subsequent Owners as hereinafter specified, and will convey
said property subject thereto.
***(Missing Data See Original)***
ARTICLE I DEFINITIONS
Whomever used in this Declaration, the. following terms shall here the following meanings:
1. "Dwelling Unit" and "Carport" shall include both the main portion of
any structure intended to be occupied by one family as a dwelling and
all projections there from, bat shall Oat include the eaves of such
structures, nor uncovered frost porches or steps;
2. "Association" shall mean AVERY CROSSING HOMEOWNERS ASSOCIATION, a
nonprofit corporation organized under the laws of the State of Oregon,
its successors and assigns;
3. "Said Property" shall mean and refer to that certain real property
hereinbefore described, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association by recorded
Declarations in the manner hereinafter set forth;
4. "Common Area" shall mean all real property, and appurtenances
thereto, now or hereafter owned by the Association for the common use
and enjoyment of the members of the Association;
5. "Lot" shall mean and refer to any plot of land shown upon the
recorded subdivision map of the Properties with the exception of Common Areas.
6. "Member" shall mean and refer to every person or entity who holds membership in the Association;
***(Missing Data See Original)***
ARTICLE IV PROPERTY RIGHTS
Section 1: Members' Easements of Enjoyment - Every member of the
Association shall have a right and easement of enjoyment is and to the
Common Areas and such easement shall be appurtenant to and shall pass
with the title to every assessed Lot; subject, however, to the
following provisions:
(a) The right of the Association to limit the number of member's permitted to use the Common Areas;
(b) The right of the Association, in accordance with its Articles and
Bylaws, to borrow money for the purpose of improving the Common Areas
and facilities, and in aid thereof to mortgage said Common Areas
facilities for such purposes, sad the rights of any mortgages in said
Properties shall be subordinate to the rights of the Homeowners
hereunder;
(c) The right of the Association to suspend any member's voting rights
and/or right to use any of the facilities owned by the Association, for
any period during which any assessments against said member's property
remains unpaid; and for a period not to exceed thirty (30) days for
each infraction of its published Rules and Regulations;
(d) The right of the Association to dedicate or transfer all or any
part of the Common Areas to any public agency, authority, or utility
for such purposes and subject to such Conditions as may be agreed to by
the members. No such condition or transfer shall be effective unless an
instrument sided by members entitled to cast two-thirds (2/3) of the
votes of the Class A membership, and two-thirds (2/3) of the votes
•f the Class B membership, if any, has been recorded in the
appropriate records of Benton County, Oregon, agreeing to
such-dedication or transfer, and unless written notice of the proposed
action is sent to every member not less than thirty (30) days, nor more
than ninety (90) days prior to such dedication or transfer;
(e) The right of the Directors of the Association to promulgate
reasonable Rules and Regulations .governing such rights of use, from
time to time, in the interest of securing maximum safe usage of such
Common Areas by the members of the Association without unduly
infringing upon the privacy or enjoyment of the Owner or occupant of
any part of said property, including, reasonable Regulations and
Restrictions regarding parking.
Section 2: Access through Common Areas - Every member of the
Association herein named, shall have the nonexclusive right of ingress
and egress over, across, and on any walkway, driveway, parking area or
other passageway upon the Common Areas.
Section 3: Delegation of Use - Any member may delegate, in accordance
with the Rules and Regulations adopted from time to time by the
Directors, his right of enjoyment to the Common Areas and facilities to
the members of his family, his tenants, or contract purchasers,
providing they reside on the property.
Section 4: Title to the Common Areas - The Declarant hereby Covenants
for itself, its heirs and assigns, that it will convey to the
Association fee simple title to the Common Areas designated as such on
Exhibit "A" prior to the conveyance of the first Lot which is subjected
to an FHA insured mortgage.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENT
1. Creation of the Lien and Personal Obligation of Assessments - The
Declarant hereby Covenants for all of said property, and each Owner of
any Dwelling Unit or Lot by acceptance of a deed or other conveyance or
agreement for conveyance, is deemed to covenant and agree to pay the
Association; 1) Regular annual or other regular periodic assessments or
charges, and 2) Special assessments 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 a charge on the land and shall be a
continuing lien upon the property against which each such assessment is
made. Each such assessment, together with such interest, costs and
reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time such
assessment was levied. The obligation shall remain a lien on the
property until paid or foreclosed, but shall not be a personal
obligation of successors in title unless expressly assumed by them.
2. Purpose of Assessments - The assessments levied by the Association
shall be used exclusively for the purpose of promoting the enjoyment
and safety of the residents is said property, and in particular for the
improvement and maintenance of said property, any Common Areas, the
services and facilities devoted to this purpose and related to the use
and enjoyment of the Common Area and of the Dwelling Units situated
upon said property and including, without being limited thereto, the
payment of taxes and insurance on all or any part of said property.
3. Basis and maximum Annual Assessments - Until January 1 of the' year
immediately following the conveyance of the first Dwelling Unit or Lot
or Building Site to an Owner, the maximum regular assessment shall be
TIN DOLLARS ($10.00) per month for each Lot or Dwelling Unit subject
thereto.
(a) From and after January .1 of the year immediately following the
conveyance of the, first Lot or Dwelling Unit to an Owner, the maximum
monthly assessment soy be increased effective January 1 of each year,
beginning January 1, without a vote of the membership in conformance
with the rise, if any, of the Consumer Price Index for Portland,
Oregon, (Published by the Department of Labor, Washington, D.C., or
successor, U.S. Governmental agency) from July of the year in which
these Covenants are recorded, to July of the year preceding the year in
which such increase becomes effective.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum monthly 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 (2/3) 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. The limitations
hereof shall not apply to any change in the maximum flat charge and
basis of the assessments undertaken as an incident to a merger or
consolidation in which the Association is authorized to participate
under its Articles of Incorporation.
(c) After consideration of current maintenance costs and future needs
of the Association, 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.
(d) If any Owner should fail to keep and maintain properly the exterior
of any building or Lot, or the exterior of any common or other area of
said property owned or maintained by said Owner in good condition, or
if any part of said property becomes damaged or destroyed, then the
Association, after giving said Owner reasonable written notice (by
Certified or Registered Mail with Return Receipt Requested, quoting a
copy of this paragraph), may eater upon said property and perform said
maintenance and assess the reasonable cost thereof to said Owner, such
assessment shall be added to the regular assessment and become a lien
and enforceable in the same manner. Disputes concerning the enforcement
of this provision and the necessity of such maintenance or replacement
shall be arbitrated by an arbitrator to be mutually agreed upon by the
parties, or if the parties are unable to agree, then as appointed by
the Circuit Court of the State of Oregon for Benton County or other
court of appropriate jurisdiction.
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 is part, the cost of any
construction or reconstruction, unexpected repair or replacement of a
described capital improvement upon the Common Areas, including the
Necessary fixtures and personal property related thereto, provided that
t, except for repairs or replacements, any such agreement for
structural alterations, capital additions or capital improvements
reflecting an expenditure of in excess of FIVE HUNDRED DOLLARS
($500.00). shall require the assent of a two-thirds (2/3) 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 seat 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.
5. Uniform Rate of Assessment - Both regular periodic flat charges and
any special assessments (except those levied pursuant to Paragraph 3
(d) above) must be fixed at a uniform rate for all Dwelling Units or
Lots, and may be collected on an annual, quarterly, or monthly basis in
the discretion of the Directors.
6. Quorum for Any Action Authorized Under Sections 3 and 4 - 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
two-thirds (2/3) of all the votes of each class 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
requirement set forth in Section 3 and 4, and the required quorum at
such subsequent meeting shall be one-half (1/2) 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
quorum was forthcoming.
Date of Commencement of Annual Assessments: Due Dates - All Dwelling
Units and all Lots upon which buildings have been constructed shall be
subject em the annual or monthly assessments provided for herein on the
first day of the month following the date the common area facilities
are available for use by the members. The first regular assessment
shall be adjusted according to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of the
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. The Association shall, upon demand at any
reasonable time furnish a certificate in writing, signed by an officer
of the Association setting forth whether the assessments on a special
Lot have been paid. A reasonable charge may be made by the Board for
the issuance of
these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
8. 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 of the said Association
shall file in the office of the Director of Records, County Clerk of
appropriate recorder of conveyances of Benton County, State of Oregon,
within ten (10) days after delinquency, a statement of the amount of
any such charges or assessments, together with interest as aforesaid,
which have become delinquent with respect to any Dwelling Unit or Lot
on said property, and upon payment in full thereof, shall execute and
file a proper release of the lien securing the same. The aggregate
amount of such assessments, together with interest, costs and expenses,
end a reasonable attorney's fee for the filing and enforcement thereof,
shall constitute a lien on the whole Dwelling Unit or Lot (including
any undivided interest in common elements of any Dwelling Unit or Lot
in any condominium), with respect to which it is fixed from the date
the note of delinquency thereof is filed in the office of said Director
of Records or County Clerk or other appropriate recording office 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 said property 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 of the Association, as the case 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 assessments provided for herein by nonuse of the Common Areas
or abandonment of his Dwelling Unit or Lot.
9. Subordination of the Lien to Mortgages - The lien of the assessments
provided for herein shall be inferior, junior and subordinate to the
lien of all mortgages and trust deeds now or hereafter placed upon said
property or any part thereof. Sale or transfer of any Dwelling Unit or
Lot, or any other part of said property shall not affect the assessment
lien. However, the sale or transfer of any Dwelling Unit or Lot which
is subject to any mortgage, pursuant to a decree of foreclosure under
such mortgage or any proceeding in lieu of foreclosure thereof, shall
extinguish the lien of such assessments as to amounts thereof which
became due prior to such sale or transfer; and such lien shall attach
to the net proceeds of sale, if any, remaining after such mortgages and
other prior liens and charges have been satisfied. No sale or transfer
shill relieve such Dwelling Unit or Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
1;. Exempt Property - The following property subject to this
Declaration shall be exempt from the assessments created herein; (a)
all Properties expressly dedicated to and accepted by a local public
authority; (b) any Common Areas; (c) all other Properties owned by the
Association; and (d) property owned by the Declarant prior to the time
a Dwelling Unit or other building is constructed thereon and occupied.
However, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
ARTICLE VI PARTY WALLS
1. General Rules of Law to Apply -
***(Missing Data See Original)***
7. Encroachments - If any portion of a party wall or other pert of a
building or structure now or hereafter constructed upon said property
encroaches upon any part of the Common Areas or ups, the Lot or Lots
used or designated for use by another Let Owner, an easement for the
encroachment and for the maintenance of same is granted and reserved
and shall exist, and be binding upon the Declarant and upon all present
and future Owners of any part of said property for the benefit of the
present all future Owners of such encroaching building or structure for
the purpose of occupying and maintaining the same; is the event a
structure consisting of sore than one Dwelling Unit becomes partially
or totally destroyed or in need of repair or replacement, mutual and
reciprocal easements are granted and reserved upon the Coon Areas and
in and upon each Dwelling Unit and Lot for the benefit of the
Association and the adjacent Owner or Owners to the extent reasonably
necessary or advisable to make repairs and replacements; and minor
encroachments resulting from any such repairs and/or replacements and
the maintenance thereof are hereby granted and reserved for the benefit
of the present and future Owners thereto. The easements for
encroachment herein granted and reserved shall run with the land.
ARTICLE VII
ARCHITECTURAL CONTROL,
1. No building, fence, wall, hedge, structure, improvement,
obstruction, ornament, landscaping or pleating shall be placed or
permitted to remain upon any part of said property unless a written
request for approval thereof containing the plats and specifications
therefore, including exterior color echoes, has been approved is
writing by the Architectural Committee or by its representative
designated by a majority of the Committee.
2. The Architectural Committee referred to berets shall be composed of
Russel S. Peterson and Fred L. Wright. 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 bees
submitted in writing, in duplicate, to the Committee or its designated
representative, said application wilt be deemed to have been approved
if the said Committee has signed and dated said application,
acknowledging receipt thereof on a copy submitted with the original.
The original members of the Committee shall serve for one (1) year. New
members shall be elected for after of one (1) year by majority vote of
the members of the Architectural Committee. If any member of the
Committee is usable or unwilling to set, the remaining members shall
elect a successor to serve out the unexpired term.
3. Ho member of the Architectural Committee, however crested or
constituted, shall receive any compensation from the Association or
make any charge for his services as such.
ARTICLE, VIII
EXTERIOR MAINTENANCE
1. Maintenance of Commons Areas and saucier Maintenance - The
Association shall maintain or provide for the maintenance of the
Commons Areas, and in addition, the Association may, if it so desires,
provide exterior .maintenance upon and for each Let subject to
assessment hereunder, including, without being limited to, the
following: paint, repair, replace and care for roofs, gutters,
downspouts, exterior building surfaces, trees, shrubs, grass,
landscaped areas, walks and other exterior
improvements. Such exterior maintenance shall sot include
glass surfaces. In the event that the seed for such maintenance or
repair is caused through the willful or negligent act or omission of
the Owner, his family, tenants. guests or invitees, the cost of such
maintenance or repairs may, in the descretion of the Directors, be
added to and become a part of the assessment to which such Lot is
subject, and a lien and enforceable in the same manses. Damage caused
by fire, flood, storm, earthquake, riot, vandalism or other causes
other than normal wear from use and the elements shall be the
responsibility of each Owner and not included in any maintenance
provided by the Association.
Each Owner shall be responsible for maintaining and keeping is good order and repair the interior of his own Dwelling Unit.
ARTICLE IX PROPERTY USE RESTRICTIONS
The following Restrictions shall be applicable to the real property
described in EXHIBIT A and shall be for the benefit of and limitations
upon all present and future Owners of said property, or of any interest
therein:
1. Unless written approval is first obtained from the Architectural
Committee, no sign of any kind shall be displayed to public view on any
Dwelling Unit or Lot on said property except one professional sign of
not more than five square foot advertising the property for sale or
rent, or sips used by the Declarant to advertise the property during
the construction sold sales period. If a property is sold or rented,
any sip relating thereto shall be removed immediately, except that the
Declarant and only Declarant or its agent may post a "Sold" sign for a
reasonable period following a sale.
2. 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 purpose.
3. No part of said property shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or any other assts. No garbage,
trash or other waste shall be kept or maintained an 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 is
a clean an sanitary conditions.
4. No noxious or offensive or unsightly conditions shall be permitted
upon any part of said property, nor shall anything be done thereon
which may be or become an annoyance or esteems. to the neighborhood.
5. No trailer, camper-truck, test, carport, or other outbuilding shall
at any ties be used as a residence temporarily or permanently on any
port of said property.
6. Parking of boats, trailers, motorcycles. trucks. truck--campers and
like equipment, or junk cars or other unsightly vehicles, shall not be
allowed on any part of said property nor on public ways adjacent
thereto except under such circumstances, if may, as may be prescribed
by written permit approved by the Architectural Committee. All other
parking of equipment shall be prohibited except as approved is writing
by the Architectural Committee.
7. It shall be the obligation of each Owner of any Lot to keep and
maintain the same, and any building now or hereafter located thereon,
is proper condition including the area between his property line and
the improved portion of any abutting Common Area including sidewalks,
if any, through am Association of Homeowners or otherwise, and to keep
and maintain in good condition any Common Areas owned by any such
service Association or other Association.
8. No Owner shall remove or otherwise alter any plant or tree or any
landscaping or improvement in any Commas Areas without the written
consent of the Architectural Committee.
9. The records of the Secretary of the Association shall be conclusive
evidence as to all natters shown by such records and the issuance of a
certificate of completion and emptiest. by the Secretary or Assistant
Secretary of the Association showing that the plans and specifications
for the improvement or other matters herein provided for have been
approved, and that said improvements have been made in accordance
therewith, or a certificate as to any matters relating to and within
the jurisdiction of the Association by the Secretary thereof, shall be
conclusive evidence that shall fully justify and protect any
said property, or any portion thereof, or any it.. thereon and/or any
interest therein as to any matters referred to in said certificate, and
shall fully protect any patchiest or ***(Missing Data See Original)***
ARTICLE XI
GENERAL PROVISIONS
1. Enforcement -.The Association, or the Owner of any recorded mortgage
upon any part of said property, shall have the right to enforce, by any
proceeding at law or is
***(Missing Data See Original)***
3. No Right of Reversion - Nothing herein contained is this
Declaration, or in any fors of deed which say be used by Declarant, or
its successors and assigns, is sallies said property, or any part
thereof, shall be deemed to vest or reserve in Declarant or the
Association may right of remotes or reentry for breach or violation of
any one or sore. of the provisions hereof.
4. Insurance - The Owner of every building or Dwelling Unit located
upon any part of said property shall at all tines cause the same to be
insured with broad form fire and extended coverage insurance for the
full replacement value thereof, and. shall upon request, cause the
insurance company to furnish the Association with a certificate showing
said insurance to be is effect. If any Owner fails to furnish the
Association with said certificate, the Association may obtain (but it
shall not be obligated to do so) such insurance with the proceeds
payable to the Owner, any mortgagees, and to the Association as their
respective interests say appear. The Association shall assess the cost
of such insurance against the Owner, and such assessment shall become a
lien and collectable and enforceable in the same manner as all
assessments provided for herein.
h. Benefit of Provisions: Waiver - The provisions
contained in this Declaration shall bind and inure to the benefit of
and be enforceable by Declarant, the Association, and the Owner or
Owners of any portion of said property, sad their heirs, and assigns,
and each of their legal representatives, and failure by Declarant or by
the Association, or by any of the property
***(Missing Data See Original)***
IN WITNESS WHEREOF, we, the Owners of all property within said
property, have hereunto caused these presents to be executed this 30th
day of April, 1979
Corvallis,
Oregon Real Estate Home
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