DECLARATION
OF
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
BROOKSIDE MEADOW
PHASE II
CORVALLIS
BENTON COUNTY, OREGON
TABLE OF CONTENTS
ARTICLE L DEFINITIONS 2
ARTICLE II OPEN AREAS AND STREETSCAPE 3
Section I. Parcel 3
Section I. Streetscapee 3
ARTICLE III. ARCHITECTURAL REVIEW COMMITTEE 3
Section I. Purpose 3
Section 2. Policy Guidelines 3
Section 3. The Committee 4
Section 4. Approval 4
Section 5. Solar Access 5
Section 6. Liability 5
Section 7. Effective Period of Consent 5
Section 8. Approval Farm 5
Section 9. Judicial Review 5
ARTICLE IV. SPECIFIC PROPERTY USE RESTRICTIONS 6
Section 1. Residential Use 6
Section 2. Signs 6
Section 3. Animals 6
Section 4. Waste 6
Section S. Offensive Conditions 6
Section 6. Other Occupancies 6
Section 7. Parking 7
Section 8. Maintenance 7
Section 9. Insurance 7
Section 10. Landscaping 7
Section 11. Service Facilities 7
Section 12. Construction 7
Section 13. Mail Box Stands 7
Section 14. Building Materials and Conditions 8
Section 15. Fences 8
Section 16. Completion of Construction 9
Section 17. Landscape Completion 9
Section I S. Two-to-One Slopes 9
Section 19. Common Driveways 9
Section 20. Easements 9
Section 21. Landscaping in Public Drainageway 9
DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
BROOKSIDE MEADOW — PHASE II
CORVALLIS, BENTON COUNTY, OREGON
THIS DECLARATION, made on the date hereinafter set forth by the undersigned, hearinafter referred to as "Declarant":
WHEREAS, Declarant are all of the owners of certain real property
described in the City of Corvallis, County of Benton, State of Oregon,
hereinafter referred to as "Property", more particularly described in
the plat of BROOKSIDE MEADOW - PHASE II 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 convey
the Property subject thereto:
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 with the land and shall be binding upon all
persons claiming under them 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 V. GENERAL PROVISIONS 10
Section I. Enforcement 10
Section 2. Severability 10
Section 3. Amendment 10
Section 4. No Right of Reversion 10
Section S. Benefit of Provisions: Waiver 10
Section 6. Assignment by Declarant 10
ARTICLE I. DEFINITIONS
Whenever used in this Declaration, the following terms shall have the following meanings.
1. "Open Area" shall mean all real property, and
appurtenances thereto, now or hereinafter owned by the city for the
common use and enjoyment of all of the citizens of the City. There
shall be no common areas within the Property or adjacent thereto.
2. "Declarant" or "Developers" shall mean and refer
to the undersigned, its successors, heirs and assigns, if such
successors, heirs or assigns should acquire more than one undeveloped
lot from the Declarant for the purpose of development.
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. "Streetacape" shall refer to the 12 foot park
strip along Ponderosa Avenue between the curb and sidewalk and the 20
foot landscape easement along the southern edge of lots 21, 22, 23, 24,
25, 26, 27, 28, 29, 30 and 31.
5. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Property, including
annexed additions thereto, with the exception of public ownership.
6. "Public Easements" shall mean and refer to that
portion of property increased as easement on the final plat on which no
structure may be built and has been placed on the property at the
request of the City so they may have access to this property should the
need arise. Property owners with easements may landscape, build fences,
install driveways, and perform similar acts, subject to the tight of
the City of Corvallis to disturb such property for necessary
improvements and maintenance, and further subject to the City's
obligation to restore it to as original condition.
7. "Private Easements" shall mean the rear yard
easement on lots 32, 33, 36, 37, 38 and side yard easement on lot 11
used for installation of house sewer and storm drain service to
adjoining lots. The adjacent lot owners have rights of access for
maintenance and repair, and must restore landscape features and fences
to the original condition. Owner(s) of lots 32, 33, 36, 37, 38 and 11
are responsible to repair any damage to the sewers or drains caused by
their construction, landscaping or maintenance.
8. "Reciprocal Access Easements" shall mean the
access easements for lots 18, 19 and 20, 21 and 30, 31 for building and
maintaining common driveways. In the case of lots 18 and 19 the access
easement is also for installation of utilities.
9. "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 under a deed of trust.
10. "Owner" shall mean and refer to the record owner
(or if a lot is being sold 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 for the performance of an obligation, and excluding the
general public and City of Corvallis as owners of any streets, tracts,
rights-of-way or easements.
11. "Property" shall mean and refer to that certain
real property hereinbefore described, rod such additions thereto as may
hereinafter be brought within the coverage of this Declaration by
supplemental declarations and plat submitting additional property to
the terms of this Declaration
12. "Set Back" means the minimum distance between the
dwelling unit or other sow= referred to and a given street or road or
lot line.
13. "Brookside Meadow - Phase II" shall mean the
Property including all lots and Open Areas, together with any
additional property that may be annexed to the Property by means of
Supplemental Declaration of Plats.
14. "ARC" shall mean the Architectural Review Committee described in Article Ill.
ARTICLE II
OPEN AREAS AND STREETSCAPE
Section 1. Parcel B. Parcel B as designated on the final plat map has
been dedicated to the City. The use of this area is subject to the
rules and regulations of the City.
Streetscapes. A 12-foot park strip between the curb and sidewalk
and a 20 foot landscape easement runs along the southern boundary of
lots bordering Ponderosa Avenue for the purpose of a streetscape. This
streetscape easements apply to the southern 20 feet adjacent to
Ponderosa Avenue and 12 feet between the curb and sidewalk on Lots 21,
22, 23, 24, 25, 26, 27, 28, 29, 30, and 31. This streetscape easement
is to be maintained by the property owners along Ponderosa Avenue, and
no fences are allowed in this easement. Fences, if constructed, will be
allowed only along the northern boundary of the landscape easement and
not along the property line and shall have gases.
ARTICLE III.
ARCHITECTURAL REVIEW COMMITTEE
Section 1. Purpose. It is desirable to maintain uniform standards of
design, quality of workmanship and landscaping for the home to be built
and maintained in Brookside Meadow - Phase II. Uniform standards of
design, quality of workmanship and landscaping protect the interests of
each owner in maintaining and increasing the value and enjoyment of
that owner's lot. It is not, however, feasible to set forth a
comprehensive list of requirements for constructing 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 homes to
be built in Brookside Meadows - Phase II, during the period of
existence of the Architectural Review Committee. The Architectural
Review Committee will make the determinations based on the following
policy guidelines as well as the specific restrictive covenants set
forth in the declaration.
Section 2. Policy Guidelines
(a) The nature of the Property lends itself to
quality design and constructed homes, constructed by builders who have
demonstrated their ability and willingness to design and construct
quality homes.
(b) It is of benefit to each owner that each lot in
the development be developed with a home as soon as reasonably possible.
*** (Missing Data See Original)***
(c) That uniformity of construction, styles and
construction materials is desired to maintain the quality of the
development.
(d) That well-landscaped lots will add significantly
to the value of each and every owner's interest in lots in the
development.
(e) That unusual fences, outbuildings and other
additions may tend to detract from the enjoyment and the value of each
owner's interest in his other lot.
(f) That it is desirable to preserve as much of each
lot owner's view as is reasonably possible under the circumstances.
(g) It is the intent and purpose of this declaration
to ensure the harmony of external design of proposed improvements with
the existing improvements, and as to the location with respect to
topography and finished grade elevations, and to avoid plan repetitions.
(h) The Architectural Review Committee may, at its
sole discretion. withhold consent to any proposed work if the Committee
finds the proposed work would be inappropriate for the particular lot
or incompatible with the design standards that the Committee intends
for any of the Phases of Brookside Meadow. Considerations such ns
siding. shapes, sine, color, design, height, solar access, impairment
of the view from abet-lots within any of the Phases, or other effects
on the enjoyment of other lots or the common area, disturbance of
existing terrain and vegetation and any other factor which the
Committee reasonably believes to be relevant, may be taken into account
by the Committee in determining whether or not to consent to any
proposed work.
(I) his inappropriate to place or construct on any
lot a `' manufactured borne, "mobile home" or any home or building
which is constructed "offal e'' on the lot upon which it is to be
placed.
Section 3. The Committee. The Architectural Review Committee referred
to herein shall be composed of John G. Wydronek ("Chairman"), and Julie
A. Ricks. 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 nfter it has been submitted in writing, in
duplicate, to the Chairman of the Committee or his designated
representatives, the application . will be deemed to have been approved
if the 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 or the Architectural Review
Committee ceases to exist. 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
number of members on the Committee may be increased.
Section 4. Approval. Construction may not begin on building,
landscaping. or 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 any landscaping plans shall contain a sketch of the
proposed landscaping. A request for approval of construction of any
fence. screen, or gate shall contain a sketch. Requests for approval
prior to construction of any home or outbuilding must contain the
following.
(a) Copy of Blueprints.
(b) Indication of roof pitch, roof material, and color.
(c) House-to-lot orientation plan.
(d) Height As measured from the highest point of
ground five feet (5') out from 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 to moved during construction.
(f) Color and type of exterior siding, including paint or stain colors to be used.
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.
Section S. Solar Access. This subdivision complies with the Elite access regulations of the City
of Corvallis and solar protection permits can be requested from the City of Corvallis.
Section 6. Liability. Neither the Architectural Review Committee nor any member thereof than
be liable to any owner, occupant, builder or developer for any damage,
loss or prejudice suffered or claimed on account of any action or
failure to act of the Committee or a member thereof provided only that
the member has, in accordance with actual knowledge possessed by the
member, acted in good faith.
Section 7. Effective Period of Consent The Architectural Review Committee's consent to any
proposed improvement shall automatically be revoked one (I) year after
issuance unless construction of the improvement has been commenced or
the owner has applied for and received an extension of time bun the
Committee.
Section B. Approval Form. Within thirty (30) working days after written
request is delivered to the Architectural Review Committee by any
owner, the Committee shall provide such owner with an approval form
executed by a member of the Committee and acknowledged, certifying with
respect to say lot owned by the owner, that as of the date thereof,
either. (a) all improvements made or done upon or within such lots by
the owner comply with this declaration, or (b) such improvements do not
so comply, in which event the form shall also identify the noncomplying
improvements and set forth with particularity the nature of such
noncompliance.
Section 9. Judicial Review. All decisions of the Architectural Review
Committee shall be final and conclusive, and shall not be subject to
appeal and judicial review except in cases of fraud, bad faith, or
failure to follow the procedures set forth herein.
Section 7. Parking
-
(a) Parking of commercial vehicles. boats, trailers,
motorcycles, mocks, or other equipment of a type not normally used for
family transportation shall not be allowed an any port of the 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 campers, other vehicles and other equipment
primarily used for camping, recreation, or overnight accommodations.
(b) No Owner shall permit any vehicle which is in an
extreme state of disrepair or which is not highway operable and
currently licensed to be abandoned or to remain parked upon any lot or
on the Common Area or on any street for a period in excess of
forty-eight (48) hours A vehicle shall be deemed in an "extreme state
of disrepair" when the ARC reasonably determines that its press offends
the occupants of the neighborhood. Should any Owner fail to remove such
vehicle with five (S) days following the date on which notice is mailed
to him by the ARC, the ARC may have the vehicle removed from the
Property and charge the expense of such removal to the Owner.
Section O. 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 of the landscaping on the
lot. No owner shall remove or otherwise materially alter any shrub or
tree or make any material changes in landscaping without first
obtaining written consent of the ARC. Each owner shall insure that no
tree, shrub, or landscaping unreasonably interferes with the view of
other lot owners. In the event that any owner fails to comply with the
condition of the paragraph, in addition to any other remedies, the ARC
may perform the required maintenance and bring legal action against the
owner of the lot to recover the cost of the maintenance performed.
Section 9. 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 house, 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 event to exceed one (1) year from the date of loss.
Section 10. landscaping. Each owner shall maintain the grass, shrubs,
trees, and other landscaping on the lot in good condition. No owner
shall remove or otherwise materially alter any shrub or tree or make
any material changes in landscaping without first obtaining written
consent of the ARC.
action 11. Service Facilities.
(a) Service facilities (garbage, fuel tanks,
clotheslines, etc.) shall be screened such that the elements screened
are not visible at any time from the street or a neighboring property.
All telephone, power, natural gas. cable television and other
communication lines shall be placed underground.
(b) Exterior antennas shall not be permitted to be placed upon any Lot except as approved by the ARC.
Section 12. Constriction. The ARC reserves the right to approve the builders selected by Owners.
Section 13. Mail Box Stands. Mail Box Stands shall be furnished and
maintained by the pot office. The location shall be determined by local
U.S. Post Office and City officials. Maintenance of sidewalk areas
around mail boxes is the responsibility of adjacent property owners.
Section 14. Building Materials and Conditions. All building materials
must be approved by the ARC before being used either in new
construction or exterior remodeling. The -following specific
restrictions on building materials and conditions shall likewise apply.
(a) Each owner must install sidewalks consistent with
planned development approval Installation must occur when home is bulk
or within three years of the date the plat is recorded, whichever
occurs first.
(b) Roofing materials are linked to the following
(i) Cedar shakes or shingles
(ii) Tile or slate or metal or comparable material
(iii) Heavy weight composition shingles (25-year
warranty minimum). Both brand and color must be approved by the
Architectural Review Committee.
(c) Roof ridges on certain homes may be limited to
hip roofs by the ARC to minimize the blockage of view of those nearby.
-
(d) Each owner of a single family dwelling shall build, as n minimum, a double car garage.
(e) In the event that any construction activity has
made any change or alteration in any open areas, the owner will restore
the open area to its natural state following completion of construction.
(f) Only high quality wood, brick, stone or approved
architectural exterior finish product' and colors may be used and must
be approved by the ARC. This includes paints and stains. The structure
shall have siding materials on all sides.
(g) Each lot shall be graded to allow for natural
drainage runoff and each owner will provide drainage systems as
necessary to properly drain surface water.
(h) The area under roof of the single family dwelling
excluding porches and connecting garages shall be not less than 1600
square feet; provided, however, that should the dwelling be of more
than one story in height, such area shall not be less than 1800 square
feet. The ARC may permit a variance from the minimum square footage
requirement.
(t) No `manufactured homes", "mobile home", or any
home or building which is constructed off site of the Lot shall be
permitted.
Section 15. Fences. To insure an attractive community, no fences, gate,
semen gate or similar structure maybe placed on any lot unless the
following requirements are 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 Ill, Section 4).
Items to be submitted for approval include:
Type of construction (design sketch) Plot, plan of area (layout)
• Height, materials and color
(b) Fencing, screens and gates are limited to the rear half of the property with height limit of 6 feet.
(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:
(i) Quality woods with natural earth tones are recommended. .
(ii) Fences located off the property line used for screening will be encouraged, each as around patio.
(iii) Fences broken with vegetation screen will be encouraged.
Section 16. Completion of Construction. The construction of any
building on any Lot, animals painting. and all exterior finish, shall
be completed within six (6) months from the beginning of construction
so as to present a finished appearance when viewed from any angle. In
the event of undue hardship due to weather conditions, this provision
may be extended for a reasonable length of time upon written approval
from the ARC. The building area shall be kept reasonably clean and in
workmanlike order during the construction period.
Section 17. Landscape Completion. All landscaping must be completed
within six (6) months from the date of occupancy of the dwelling unit
constructed thereon. In the event of undue hardship doe to weather
conditions, this provision may be extended for a reasonable length of
time upon written approval of the Architectural Review Committee.
Section 18. Two-to-One Slopes. Any portion of the Property with steep
two-to-one slopes must be planted with erosion-resistant vegetation.
The following plants are suggested:
Arctostaphylos uva-ursi (Kionickmick) Hypericum Calycimmm (St. Johns
Wort) Cotoneaster Dammeri (Bearberry Cotooearter) Juniperus Conferta
(Shore Juniper)
Hedera Helix (English Ivy)
Rebus Calycinoides (Formosan Brambleberry)
*Especially good for dry slopes, poor soil.
Section 19. Common Driveways. Paired lots 18, 19 and 20, 21 and 30, 31
shall be accessed by means of a common driveway. The maintenance and up
keep of common driveways is the responsibility of both parties for each
paired lot.
Section 20. Easements. No building is allowed within easements on your
property. See both public and private easement definitions on page 2
for rights and responsibilities regarding easements.
Section 21. Landscaping in Public Drainageway. Owners of lots 8, 31,
32, 33, 36, 37, and 38 may request a drainageway landscape license from
the City. This license allows the property owner certain rights in
regards to landscaping of the drainageway fora specified period of
time. The use of this area is subject to the rules and regulations of
the City.
ARTICLE V.
GENERAL PROVISIONS
Section 1. Enforcement The ARC, or any Owner, or the owner of any
recorded mortgrge on any part of said property shall have the right to
enforce, by any proceeding at law or in equity, all restrictions
conditions, covenants, reservations, easements, liens and charges now
or thereafter imposed by the provisions of the 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 ARC, or by any owner to enforce any covenant or
restrictions herein contained shall in no event be deemed a waiver
(tithe right to do so thereafter.
Section 2. Severability Invalidation of any one of these covenants
restrictions by judgment or court order shall in no way affect my other
provisions which shall remain in full fix= and effect.
Section 3. Amendment Any of the covenants and restrictions of the
Declaration except for the easements herein above granted may be
amended by a vote of (a) seventy-five percent (75%) of the then- owners
of the lots; or (b) if the Declarant owns at least one lot, the
Declarant with a vote of 33% of the then-owners of the lots. All
amendments shall become effective when reduced to writing, executed by
the owners and, if applicable, the Declarant, and recorded in the
Benton County Deed Records.
Section 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 or the ARC any
right of reversion.
Section 5. Benefit of Provisions: Waiver. The provisions contained in
the Declaration shall bind and inure to the benefit of the Declarant,
the ARC, and the owner or owners of wry portion of mid Property, and
their heirs and assigns, and each of their legal representatives, and
failure by Declarant or by the ARC or by any of the property owners or
their legal representatives, heirs, and successors or assigns, in
enforce any 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 ARC
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 the same obligations and
duties as are given and assumed by Declarant herein. Al! 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.
RESTRICTIVE COVENANTS
BROOKSIDE MEADOW PHASE II
AGREEMENT TO PARTICIPATE IN FUTURE SIDEWALK IMPROVEMENTS
The undersigned, being the legal owners of the real property described
below, do hereby agree to participate in future sidewalk improvements
along internal street frontages.
The covenants berm contained shall be binding and effective for forty
years from the date hereof; provided, however, that the City of
Corvallis shall have the right to extend the covenants for an
additional forty years by recording a notice of such extension in the
deed records of the County prior to the expiration of the first forty
year period.
Sidewalks along the frontage of all streets within the property
described below shall be constructed on each lot, prior to the issuance
of a certificate of occupancy from the City of Corvallis for that lot.
In addition, if the undersigned or their successors in interest sell
any lot in the property described below, a sidewalk along the street
frontage for that lot shall be constructed within three years from the
date the plat is recorded.
SHARED DRIVEWAYS
Lots 18, 19 and 20, 21 and 30, 31 shall be accessed from common driveways. BUILDING SETBACK REQUIREMENTS
All lots shall follow the standards set forth for RS - 3.5 district.
However, reduced front and rear yard setbacks are allowed, provided
they are a result of limits imposed by geotechnical conditions on the
lot. Rear yard setbacks may be reduced to a minimum of 10-feet and
front yard setbacks may be reduced to a minimum of 15-feet, or 19-feet
when abutting a garage. However, rear yard setbacks for lots 8, 9, and
10 must be a minimum of 25 feet.
MAINTENANCE ACCESS DRIVES
The driveway for lots 30 and 31 shall maintain a paving section that
can support City maintenance vehicles in the event any repair work is
required.
The property subject to these covenants is described as follows: Brookside Meadow Phase II Subdivision - Lots #8 to #38.
