Bramblewood -
Corvallis, Oregon

Benton County, Oregon
TO: The Public.

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 a point being 633.60 feet S.89°49'W. along the claim line from the Northeast corner of the J.J. Haskins D.L.C. No. 71 in T.10S., R.4W., of the Will Mer., Benton County, Oregon; thence South 1874.02 feet to the center of the County Road No. 04406; thence S.89°52'30"W. along the center of said road 1232.93 feet to a harrow tooth; thence N.0°07'E. 1756.72 feet to a harrow tooth on the north line of said D.L.C.; thence along the north line of said D.L.C. N.65°11'49"E. 278.58 feet and N.89°49'E. 976.47 feet to the point of beginning.

WHEREAS, Declarant desires to subject said property to certain protective covenants, conditions and restrictions for the benefit of said property, and its present and subsequent owners as hereinafter specified, and will convey said property subject thereto,

NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the conditions, covenants and restrictions hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. These covenants, restrictions and conditions shall constitute covenants to run with the land and shall be binding upon all persons claiming under them and also that these conditions, covenants and restrictions shall inure to the benefit of and be limitations upon all future owners of said property, or any interest therein:

ARTICLE I Definitions

Whenever used in this Declaration, the following terms shall have the following meanings:

1. "Access Easement" shall mean and refer to the south 30 feet of Lot 2 whereby said access easement shall be granted to Lots 1 and 3 for the construction of a driveway.

2. The "Architectural Review Committee" shall initially consist of two positions which will be held by Charles M. Alexander and A. Lawrence Bauer. Upon occupancy of 25 percent of the lots comprised on said property, the initial members of the Architectural Review Committee shall select, by mutual agreement, a third member to said committee, which member shall be selected from the residents of said property. The Architectural Review Committee shall thereafter consist of three members. Upon occupancy of 50 percent of the lots comprised upon said property, the Architectural Review Committee shall remove either Charles M. Alexander or A. Lawrence Bauer as a member of said committee and shall select from the residents of said property a successor member. Future successor members shall be selected from the residents of said property by majority vote of the members of the Architectural Review Committee and members shall serve until they retire.

3. "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.

4. "Lot" shall mean and refer to any one of the 29 lots identified on the final plat of the Bramblewood Subdivision.

5. "Future Lot" shall mean and refer to potential redivision of Lots 2, 3, 4, 5, 6, 7, 21, 26, 27, 28, and 29. No structure shall be built upon or across a future lot line as identified by dash lines on the final plat of Bramblewood Subdivision. No future lot development shall be allowed without approval of any governmental entity required to consider and approve said development, and no future lot development shall be allowed which is inconsistent with the original conditions of approval herein.

6. "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 subject property, excluding those having such interest merely as security for the performance of an obligation.

7. "Scenic and Utility Easement" shall mean and refer to those areas so identified on the final plat. The Architectural Review Committee shall approve all plans for utility construction within said easements and the removal of any tree exceeding 12 inches in diameter at the base.

8. "Set back" shall mean and refer to the distances between any structure and a lot line.

9. "Subject Property" shall mean and refer to that certain real property herein described.


ARTICLE II
Architectural Control and Site Plan Review

The Architectural Review Committee shall have the authority to review, approve or deny the construction of any building on the subject property and no building shall be constructed without prior site plan and structure plan approval by said committee. Criteria for plan review shall include, but not be limited to, the following:

1. Location of any structure with regard to set back from a lot line shall be a minimum of 30 feet. Set back requirements with respect to possible future lot lines shall be consistent with the applicable then existing zoning ordinances for said property.

2. All off-street parking areas and driveways shall be surfaced with concrete or asphalt. Off-street parking for four vehicles with a minimum allocation of 19 feet by 9 feet per vehicle shall be required on each lot. Two of said allocated 19 feet by 9 feet spaces may be within the front yard set back and the remainder must be outside said set back area. Those spaces outside the front yard set back may be enclosed.

3. All motor homes, boats, campers or recreation vehicles must be parked off-street within the side or rear yard areas of the lot. Said motor homes, boats, campers or recreation vehicle parking areas shall be screened by fence, shrubbery or trees.

4. Each outbuilding and garage erected and maintained on any building site shall conform generally in architectural design and exterior material to the finish of the dwelling house to which it is appurtenant, and may be, but need not be, attached to said dwelling.

5. No outbuilding of any kind, or garage, shed, tent. trailer, or mobile home shall be erected, maintained or used for living purposes on any building site.
shall be earth-toned. The Architectural Review Committee shall have discretion during site plan review to define earth tone.


ARTICLE III Animals

No livestock or poultry of any kind shall be raised, bred,
or kept on any lot except that domestic dogs, cats, birds and fish and, where appropriate, other domestic pets such as horses, and such other animals as shall not be offensive to the neighborhood may be kept as household pets upon said property, provided that they are not kept, bred or raised thereon for commercial purposes or in unreasonable quantities. The final authority in any question of the suitability of any animal or the number of such animals to be kept upon said property shall be the Architectural Review Committee as herein described.


ARTICLE IV Administrative Provisions

1. The restrictions, easements, covenants, conditions and reservations herein contained shall run with the land and shall be binding and in force and effect until December 31, 1997, for the mutual benefit of all of the building sites in said property with each other, both as to servient and dominant tenements as against all other building sites in said property.

2. At any time, and from time to time, the Declarant, its successors or assigns, or the owners of record of building sites in said property then subject to this Declaration, having an aggregate area equivalent to not less than 65 percent of the total area of all of said property, and who shall include in their number the. owners of record of not less than 75 percent of the building sites in said property, may modify, amend or cancel and annul, change or waive with respect to all or any part of said property, all or any of the easements, conditions, restrictions covenants and reservations contained in this Declaration and any supplement or amendment thereto, by instrument in writing signed by the Declarant thereto, its successors or assigns, or by said owners, and acknowledged by them so as to entitle it to be recorded in the office of the Recorder of Benton County, Oregon, provided, however, that none of the provisions of Article I(1)(5)(8) and Article II(1)(2) may be modified, amended, canceled, waived or changed without the express approval of the Benton County Planning Commission or any successor authority having jurisdiction over said property at the time of said request.

ARTICLE V Enforcement

1. Violation or breach of any of the conditions, covenants, restrictions, or reservations herein contained shall give to Declarant, Architectural Review Committee, or the owner of any building site in said property, the right to enter upon said property upon or as to which such violation or breach exists, and to abate and remove at the expense of the owner thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of the covenants, conditions, restrictions or reservations, to prevent or enjoin them from so doing, to cause such violation to be remedied or to recover damages for said violation.

2. The result of every act or omission whereby any
conditions, covenants, restrictions or reservations herein contained are violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against an owner, either public or private shall be applicable against every such result and may be exercised by the Declarant, the Architectural Review Committee or the owner of any building site in said property. Arbitration of all questions in dispute under this agreement shall be at the choice of either party and such arbitration shall be in accordance with the rules of the Standard Form of Arbitration Procedure of The American Arbitration Association. The decision of the arbitrators shall be a condition precedent to the right of any legal action.

3. Failure by Declarant or by the Architectural Review Committee or by any property owner or their legal representatives, heirs, successors and assigns to enforce any such conditions, restrictions, covenants or reservations herein contained, shall in no event be deemed a waiver of their right to do so hereafter.
    
Bonnie L. Alexander    Sandra J. Bauer


The undersigned persons state that they are the principal owners of the Bramblewood Subdivision in Benton County, Oregon. These persons (hereafter referred to as the developer) agree to perform the following items:

1. To install a water system for the Bramblewood Subdivision that fully complies with all the requirements of the State of Oregon's administrative rules pertaining to water supply design and construction as enacted persuant to Chapter 448 of the Oregon revised statutes.

2. To prepare complete plans for the water system referred to above and to submit these complete plans to the Benton County Health Department for review.

3. To install no piping, storage tanks, or do any other construction until such time as the Director of the Benton County Health Department has given him written approval to the plans submitted for that water system.

4. The developer agrees to pay all actual costs billed by the reviewing engineer for any phase of the review procedure including but not limited to office plan review, field checks of the construction site, chemical analysis of the source, consultations with the developer's staff and the Health Depart­ment's staff, and field checking of the final construction

5. The developer agrees to pay an additional sum of 10% of the actual cost of the engineering review to the Benton County Health Department for the purpose of offsetting administrative expenses of that Department.

6. The developer agrees that any of the fees described above which are unpaid at the end of fiscal year 1977 - 1978 may constitute a Lien on any unsold lot and be collected by the County in the same manner as unpaid taxes.

7. In the event that the developer fails to construct the Bramblewood water system as required by the plans approved by the Benton County Health Department, the developer agrees that Benton County has the right to refuse to issue building permits in the subdivision.

AGREEMENT TO AMEND PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEAMBLEWOOD SUBDIVISION

We. the undersigned property owners of Bramblewood Subdivision, hereby agree to add Condition No. 7 to Article 2, "Architectural Control and Site Plan Review" as follows:

7. All single family dwellings within Bramblewood
Subdivision shall have a minimum area of 1800
square feet excluding garages or accessory
buildings.