Brookside Meadow -
Corvallis, Oregon

TABLE OF CONTENTS
ARTICLE I. DEFINITIONS                                          2

    ARTICLE II. OPEN AREAS AND STREETSCAPE            3
Section 1. Tract C                                                  3
Section I. Stteetscape                                            3

    ARTICLE Ill. 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 Form                                          5
Section 9. Judicial Review                                         5

    ARTICLE IV. SPECIFIC PROPERTY USE RESTRICTIONS 5
Section 1. Residential Use                                         5
Section 2. Signs                                                      6
Section 3. Animals                                                   6
Section 4. Waste                                                    6
Section 5. Offensive Conditions                                  6
Section 6. Other Occupancies                                    6
Section 7  Parking                                                    6
Section 8. Maintenance                                            7
Section 9. Insurance                                                7
Section 10. Landscaping                                           7
Section I I. Service Facilities                                     7
Section 12. Construction                                          7
Section 13. Mail Box Stands                                      7
Section 14. Building Materials and Conditions                7
Section 15. Fences                                                 8
Section 16. Completion of Construction                       8
Section 17. Landscape Completion                             9
Section 18. Two-to-One Slopes                                9
Section 19. Driveway Turn-Mounds                            9
Section 20. Easements                                            9
Section 21. Solar Setbacks                                      9
Section 22. Fencing Requirements                             9
ARTICLE V. GENERAL PROVISIONS                              9

Section 1. Enforcement                                            9
Section 2. Severability                                             9
Section 3. Amendment                                             9
Section 4. No Right of Reversion                                9
Section 5. Benefit of Provisions: Waiver                     10

THIS DECLARATION, made on the date hereinafter set forth by the undersigned, hereinafter 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 I 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 I. DEFINITIONS
Whenever used in this Declaration, the following terms shall have the following meanings.

I. "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.    "Streetscape" shall refer to the I2-foot strip along Glenridge Drive as described.

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 indicated 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 right 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 its original condition.

7.    "Private Easements" shall mean the rear yard easement on lot 4 used for installation of house sewer and storm drain to service Lot 5. Owner(s) of lot 5 have rights of access for maintenance and repair, and must restore landscape features and fences to the original condition. Owner(s) of lot 4 are responsible to repair any damage to the sewers or drains caused by their construction, landscaping or maintenance.

8.    "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.

9.    "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 pat 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.

10.    "Property" shall mean and refer to that certain real property hereinbefore described, and 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.

11.    "Set Back" means the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line.

12.    "Brookside Meadow - Phase r 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.

13.    "ARC" shall mean the Architectural Review Committee described in Article 111.

ARTICLE II.
OPEN AREAS AND STREETSCAPE

Section I, Tract C. Tract C as designated on the final plat map has been dedicated to the City for purposes of drainageways. The use of this area is subject to the rules and regulations of the City.

Section 2. Streetscapes. A 12-foot park strip runs along the west side of N.W. Glenridge Drive for the purpose of a streetscape. This streetscape park strip applies to the 12 feet adjacent to NW Glenridge Drive on Lots 12.3.5 and 6. This streetscape park strip is to be maintained by the property owners along NW Glenridge Drive, and no fences are allowed in this park strip. Fences, if constructed, will be allowed only along the western boundary of the landscape park strip and not along the property line.

ARTICLE III.
ARCHITECTURAL. REVIEW COMMITTEE

Section I. 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 1. 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 I, 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.
(c)    That uniformity of construction, styles and construction materials is desired so 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 or her 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 as siding, shapes, size, color, design, height, solar access, impairment of the view from other 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.
(1)    It is inappropriate to place or construct on any lot a "manufactured home", "mobile home" or any home or building which is constructed "off site" 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 after 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 or moved during construction.
(f)    Color and type of exterior siding, including paint or stain colon 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 5.    Solar Access. This subdivision complies with the solar 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 shall 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 Commiittee's consent to any proposed improvement shall automatically be revoked one (1) year after issuance unless construction of the improvement has been commenced or the owner has applied for and received an extension of tine from the Committee.

Section 8.     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, certifyiing with respect to any 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 Borth 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.

ARTICLE IV.
SPECIFIC PROPERTY USE RESTRICTIONS

Section 1. Residential use. Lots shall only be used for single family residential purposes. Except with the consent of the Architectural Review Committee ("ARC"), no trade, craft. business, profession. commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stated on any lot Nothing in this paragraph shall be deemed to prohibit (a) activities relating to the rental or sale of dwellings units, (b) the right of Declarant or any contract or homebuilder to construct dwelling min on any lot, to store construction materials and equipment on such lots in the normal course of construction, and to use any dwelling unit as a sales or rental office or model home for purposes of sales or rental in the Property, and (c) the right of the Owner of a lot to maintain his or her professional personal library, keep personal business or professional records or accounts, handle personal business or professional telephone calls or confer with business or professional associates, clients or customers, in due dwelling unit. The ARC shall not approve commercial activities otherwise prohibited by this paragraph unless the ARC determines that only normal residential activities would be observable outside of the dwelling unit and that the activities would not be in violation of applicable City of Corvallis ordinances.

Section 2. Signs. Unless written approval if first obtained from the Architectural Review Committee, no sign of any kind shall be displayed to public view on any building or building site on the property except one professional sign of not more than five square feet of surface advertising the property for sale or, rent. or signs used by the developer to advertise the property during the construction and sales period including an entry sign(s) permanently placed at the entrance by the Declarant. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the owners or their agent may post a "Sold" sign for a reasonable period following a sale.

Section 3. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept co 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 purposes. Any inconvenience, damage or unpleasantness caused by such pet shall be the responsibility of the respective owners thereof. No dog shall be permitted to roam the Property unattended and all dogs shall be kept on a leash while outside a lot. An Owner or resident may be required to remove a pet upon receipt of the third notice in writing from the ARC of violations of any rules, regulation or restriction governing pets within the Property.

Section 4. Waste. No lot or part of the Common Area shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. Yard rakings, dirt and other material resulting from landscaping work shall not be dumped on streets, Common Areas, Common Maintenance Areas or on any lots. Should any Owner fail to remove any trash, rubbish, garbage, yard takings or any such materials from any lot, any street, Common Maintenance Area or Common Area where deposited by Owner within ten (10) day following the date on which notice is mailed to Owner by the ARC, the ARC may have such materials removed and charge the expense of such removal to the Owner.

Section 5. Offensive Conditions. No noxious or offensive or unsightly conditions shall be pemtitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

Section 6. Other Occupancies. No trailer, camper-truck, tent, recreational vehicle (R. V.). garage, barn, shack, or other outbuilding shall at any time be used as a residence, temporarily or permanently, on any pan of the Property.
Section 7 Parking.

(a)    Parking of commercial vehicles, boats, trailers, motorcycles, trucks, or other equipment of a type not normally used for family transportation shall not be allowed on any part 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 parted 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 presence offends the occupants of the neighborhood. Should any Owner fail to remove such vehicle with five (5) 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 >!. 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 here 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.

section 11 Service Factilities.

(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. Construction. 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 post 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 built or within three years of purchase, whichever occurs first.
(b)    Roofing materials are limited 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 a 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 products 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.

(i)    No "manufactured home", "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, screen gate or similar structure may be 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 III, 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 I'm* 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, such 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, including 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 due 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:

Aretostaphylos uva-ursi (Kinnickinick)
Hypericum Calycinum (St. Johns Wort) Cotoneaster Dammeri (Bearberry Cotoaeaster) Juniperus Conferta (Shore Juniper)
Hedera Helix (English Ivy)
Rubes Calycinoides (Formosan Brambleberry)*

'Especially good for dry slopes, poor soil.

Section 19. Driveway Turn-Arounds. Lots I, 2 and 3 are required to be developed with driveway turn-arounds. Owners of adjacent lots may agree to share driveway turn-arounds.

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. Solar Setbacts. A solar setback of 50 feet for lot 6 and 40 feet for lot 7 is required from the north property boundary.

Section 22. Fencing Requirements. At the time of construction, lots 6 and 7 will require a 6 foot fence to be constructed and maintained along the northern property boundary.

ARTICLE V_
GENERAL. PROVISIONS

Section I. Enforcement. The ARC, or any Owner, or the owner of any recorded mortgage on any pan 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 patty 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 of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force 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 1/3% 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 any portion of said 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, to enforce any such conditions. restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so.

Section f. 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. All 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.

IN WITNESS WHEREOF, we the owners of the property have executed this Declaration on the 23rd day of    April, 1996.


RESTRICTIVE COVENANTS
BROOKSIDE MEADOW - PHASE I
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 sweet frontages.

The covenants herein 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 of sae.

AGREEMENT TO PROVIDE DRIVEWAY TURN-AROUNDS

Lots 1, 2 and 3 shall be developed to include driveway turn-arounds. Owners of adjacent Lots may agree to share driveway turn-arounds.

BUILDING SETBACK REQUIREMENTS

All lots shall follow the standards set forth for RS - 3.5 district with the exception of Lot #I, which shall have a minimum rear yard setback of 15 feet, Lot #6, which shall have a minimum rear yard solar setback of 50 feet, and Lot #7 which shall have a minimum rear yard solar setback of 40 feet.

The property subject to these covenants is described as follows: Brookside Meadow Subdivision - Lots #I to #7

These covenants shall be binding upon the undersigned and upon all subsequent owners of the said property as covenants running with the land, to be released only by said City.

dated    March 29 1996