| | Booneville
Acres -
Corvallis,
Oregon
-
Platted in 1978
- 8 home lots
- Includes the streets of - Corliss Avenue,
Booneville Drive, Three Mile Avenue, U.S. Highway 99W
-
CCR's (Covenants, Conditions and Restrictions)- See Below
- Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Booneville
Acres Plat
Map- Booneville
Acres Home
Styles- 
CCR's
(Covenants, Conditions and Restrictions)-
FINAL
PROTECTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR BOONEVILLE ACRES
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",
more particularly described as follows:
Beginning at the INITIAL POINT, a 2" x 36" galvanized iron pipe set 6"
below the surface of the ground on the easterly right-of-way line of
U.S. Highway 99 West that is N 89°36'58" W 1852.72 feet and N
4°29'30"E
30.08 feet from an angle point in the north lime of the Samuel Gage
Donation Land Claim No. 57 in Section 23, Township 12 South, Range 5
West, Willamette Meridian, Benton County, Oregon; thence N
4°24'30" E, along said easterly right-of-way line, 763.44 feet
to a 5/8 inch rod on the southerly right-of way line of Corliss Avenue;
thence S 88036'09"E, along the southerly right-of-way line of said
Corliss Avenue, a distance of 434.83 feet; thence S 4°29'30"W,
parallel with easterly right-of-way line of said highway, a distance of
189.06 feet to a 5/8 inch iron rod; thence S 88°50'27"E 680.96
feet to a 5/8 inch iron rod; thence S 4°29'30"W, parallel with
easterly tight-of-way line of said highway, distance of 557.44 feet to
a 5/8 inch iron rod on the northerly. right-of-way line of 3 Mile
Avenue; thence N 89°36'58"W, along said northerly right-of-way
line; 1116.87 feet to the point of beginning. Containing 16.2432 acres
of land, more or less.
WHEREAS, Declarant desires to subject said property to certain
protective covenants, conditions, restrictions, reservations and
easements for the benefit of eaid property, and its present and
subsequent owners as hereinafter specified, and will convey said
property subject thereto.
NOW, THERETO, Declarant hereby declares that all of the said 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 of said property; to run with the land and shall be binding upon
all persons claiming under them; reservations shall inure to the
benefit of and be limitations upon all future owners of sail property,
or any interest therein;
ARTICLE I DEFINITIONS
Whenever used in this Declaration, the following terms shall have the
following meanings:
1. "Said Property" shall mean and refer to that certain real property
hereinafter described, and such additions thereto as may hereafter be
brought within the jurisdiction of the approved plot as in the manner
hereinafter set forth;
2. "Lot" shall mean and refer to any plot of land shown upon the
recorded subdivision map.
3. "Owner" shall mean and refer to the record owner (including contract
sellers), whether one or more persons or entities, of all or any part
of eaid property, excluding those having such interest merely am
security for the performance of an obligation.
4. "Declarant" or "Developer" shall mean and refer to the undersigned,
their successors, heirs and assigns.
5. "Building Site" shall mean and refer to a lot, or to any parcel or
said property under one ownership which consiets of a portion of one or
such lots or contiguous portions of two or more contiguous lots if a
building is constructed thereon-
6. "Set back" means the minimum distance between the dwelling unit or
other structure referred to and a given street or road or lot line-
7. "Mortgage" shall mean and refer to any mortgage or deed of trust,
and "Mortgagee" shall refer to the mortgagee or trustee under a deed of
trust.
8. "Builder" shall mean and refer to a person or entity who or which
takes title to any lot or said property for the purpose of building
thereon for resale.
ARTICLE II
ARCHITECTURAL CONTROL
1. No building, fencing, exterior. structures, major landscaping or
planting shall be placed upon any part of said property unless a
written request for approval thereof containing the plans and
specifications therefor, including exterior color Scheme, has been
approved in writing by a majority of the Architectural Committee or by
its representative designated by a majority of the Committee or
applicable jurisdiction at the time of applying for a building permit.
2. The Architectural Committee referred to herein shall be composed of
two persons initially designated by Declarant. 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 committee, said
application will be deemed to have been approved. New members shall be
selected for a term of one year by a majority vote of the members of
the Architectural 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.
3. No member of the Architectural Committee shall receive any
compensation or make any charge for services as such.
4. The Declarant hereby designates that the architectural committee
shall be composed of two persons, each with equal vote, and appointed
by the Declarant to the following positions
a. Architectural Committee Position #1, #2. The Declarant herein until
all lots are developed and occupied, then the owner of record of one or
more lots within said property.
2 - Booneville
5. A majority vote (two of three) by the Architectural Committee shall
be binding on all decisions made pursuant to the assigned duties
outlined herein-
ARTICLE III
PROPERTY USE RESTRICTIONS
The following restrictions shall be applicable to the said property and
shall be for the benefit of and limitations upon all present and future
owners of said property, or of any interest therein:
1. Any signing shall conform to the Benton County sign ordinance or
applicable jurisdiction of the time of applying for a sign permit.
2. Animals, livestock or poultry of any kind that shall be raised, bred
or kept on any part of said property will be in conformance with Benton
County Ordinances, and shall not be a nuisance to other property owners.
3. No part of said property shell be used or maintained as a dumping
ground for rubbish, trash, garbage, or 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. All sanitary
containers shall be stored in a manner concealed from view from all
abutting lots.
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 nuisance to the neighborhood-
5. Construction of out-buildings shall be approved by the Architectural
Committee.
6. All set-backs and side yards shall conform to the Benton County
Ordinance or as shown on approved plat. Minimum front yard set back
shall be 40 feet, minimum side yard set back shall be 10 feet minimum
separation between buildings on adjacent lots shall be 30 feet.
7. All utilities shall be underground.
8. Landscape planning shall be done in a manner such that adjoining
properties are compatible with one another and blend with the
neighborhood.
ARTICLE IV EASEMENT
There shall be a 40' set back and non access easement for any building
on. all property (Lots 1, 2, 3, and 4) along Highway 99W for buffer
purposes.
ARTICLE V
GENERAL PROVISIONS
1. Enforcement. The owner, 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 in equity, all restrictions, conditions,
covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration. Failure by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of
the right to do so thereafter.
2. Severability. Invalidation of any one of these covenants or
restrictions by judgement or court order shall in no way affect any
other pro-visions which shall remain in full force and effect.
3. Amendment. The covenants and restrictions of this Declaration shall
rum with and bind the land, and shall inure to the benefit of and be
enforceable by the owner of any lot subject to the Declaration, their
respective legal representatives, heirs, successors and assigns for a
term of twenty-five (25) years from the date this Declaration is
recorded, after which time said covenants shall be automatically
extended for successive periods of ten(10) years. Any of the covenants
and restrictions of this Declaration may be amended during the first
twenty-five (25) year period by an instrument signed by sixty
percent(60%) of the votes of the lot owners. Easements herein granted
and reserved shall not be amended except by instrument signed and
acknowledged by one hundred percent (100%) of the owners of the
property affected, the Architectural Committee, and by the Planning
Commission or by the governing body of the County of Benton, Oregon, or
other public authority having jurisdiction over the granting of
building permits in said property and by the Declarant, so long as it
owns any interest in the real property referred to herein. All such
amendments must be recorded in the appropriate Deed Records of the
County in which said property is situated, to be effective-
4. No Right of Reversion. Nothing herein contained in this 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 reserve in Declarant any right of reversion
or re-entry for breach or violation of any one or more of the
provisions hereof. -
5. Benefit of Provisions; Waiver. The provisions contained in this
Declaration shall bind and inure to the benefit of and be enforceable
by Declarant, 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 any of the property owners or their
legal representatives, heirs, 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.
6. Assignment by Declarant. Any or all rights, powers, and reservations
of Declarant herein contained may be assigned to any other corporation,
individual or association 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 and assume such duties, it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by Declarant herein.
All rights or Declarant hereunder reserved or created shall be held and
exercised by the Declarant alone, so long as it owns any interest in
any portion of said property
7. Each owner, developer or builder shall comply with all regulations
of the Benton County regarding lots under his control including the
conditions of approval of the zoning as imposed by said county and
including, but not limited to the location of utilities, easements,
access restrictions, dedications of rights or way, placement of
mailboxes, screening and buffering, location and placement of
structures and such other regulations or conditions which may be, from
time to time, imposed.
IN WITNESS WHEREOF, I, the owner of all property within said property,
have hereunto caused these present to be executed this 24th
day of July, 1978.
DYER LAND DEVELOPMENT, INC. Corvallis,
Oregon Real Estate Home
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