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Butterfield
Station -
Corvallis,
Oregon
-
Platted in 1978
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63 home lots
- Includes the streets of - Butterfield Drive, Butterfield Place
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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
Butterfield
Station Plat
Map-
Butterfield
Station Home Styles-
CCR's
(Covenants, Conditions and Restrictions)-
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
For
BUTTERFIELD STATION
This declaration made this 31st day of May, 1978, by the undersigned,
FLOYD CALLIS, JR. and ARDEN CALLIS, husband and wife, hereinafter
called "Declarants:
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain real property situate in
Benton County, Oregon, more particularly described in the duly recorded
plat of BUTTERFIELD STATION, and,
WHEREAS, Declarant desires to subject such property to the conditions,
restrictions and charges for the benefit of such prop erty and its
present and subsequent owners as hereinafter specified and,
WHEREAS, the power to enforce certain such conditions, re strictions,
reservations and charges is to reside in BUTTERFIELD STATION Home
Owners Association, a non-profit organization, organ ized under the
laws of the State of Oregon,
NOW, THEREFORE, Declarant hereby declares that all of the property as
shown on the duly recorded plat of BUTTERFIELD STATION shall be held,
sold and conveyed, upon and subject to the easements, covenants,
restrictions and charges contained herein. Such ease ments, covenants,
restrictions and charges (herein referred to as covenants and
restrictions) shall run with such property and shall be binding on all
parties having or acquiring any right, title or interest in such
property or in any part thereof, and 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 the Declaration, the following terms shall have the following meanings:
1. 'Mobile Home" shall mean the structure commonly known as a mobile
home provided by the owner and occupied by one family as a dwelling,
but shall not include the eaves of the mobile home, carport, garage,
porches or steps:
2. "Association" shall mean BUTTERFIELD STATION HOMEOWNERS ASSOCA TION,
a non-profit 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 prop erty
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 the following real property as shown on the
plot of Butterfield Station, Tract A, Lots 8, 21, 34, 46, 47, 53, 61
and 64
5. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties, with the exception of the
Common Area.
6. "Member" shall mean and refer to every person or entity who holds membership in the Association.
7. "Owner" shall mean and refer to the record owner (including contract
purchaser), whether one or more persons or entities, of all or any part
of said property, excluding those having such in terest merely as
security for the performance of an obligation.
8. "Declarant" shall refer to the undersigned FLOYD CALLIS, JR. and ARDEN CALLIS and their heirs and assigns.
9. 'Duplex" shall mean a two family dwelling as defined in the Corvallis zoning ordinance.
10. "Duplex Lots" are Lots 1 to 5, inclusive, and 48 to 52, in clusive,
as shown on the duly recorded plot of Butterfield Station.
ARTICLE II MEMBERSHIP
Every person or entity who is a record owner (including contract
purchasers and excluding contract sellers) of a fee or undivided
interest in lots located upon any part of said property shall, by
virtue of such ownership, be a member of the Association. The foregoing
is not intended to include persons or entities who hold an interest
merely as security for the performance of an obliga tion. Membership
shall be appurtenant to and may not be separated from ownership of any
lot made subject to the jurisdiction of the Association. Such ownership
shall be the sole qualification for membership, and shall automatically
commence upon a person becom ing such owner, and shall automatically
terminate and lapse when such ownership in said property shall
terminate or be transferred.
ARTICLE III VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A members shall have all those owners as defined in
Article II with the exception of the Declarant. Class A members shall
be entitled to one vote for each lot in which they hold the interest
required for membership by ARTICLE II. When more than
one person holds such interest in any lot, all such persons shall be
members. The vote for such lot shall be exercised as they among
themselves determine, or if unable to agree, they may cast frac tional
votes proportionate to their ownership interests, but in no event shall
more than one Class A vote be cast with respect to any one lot. The
vote applicable to any of said property being sold under a contract of
purchase shall be exercised by the contract vendee. Existing Class B
votes shall be converted to Class A votes upon the happening of either
of the following events which ever occurs earlier:
a) When the total outstanding votes in the Class A membership equal
twice the total votes outstanding in the Class B membership, or
b) On a date ten (10) years from the date of the filing of the duly recorded Plat of BUTTERFIELD STATION.
Class B. Class B Member shall be the Declarant, and their heirs and
aassigns who shall be entitled to five (5) votes for each lot, which
they hold the interest required for membership by ARTICLE II.
ARTICLE IV PROPERTY RIGHTS
1. Members' easements of enjoyment. Every member of the Associa tion
shall have a right and easement of enjoyment in and to the Common Areas
and the area designated as "Open Area' on Exhibit 'A' hereto attached,
subject, however, to the following provisions:
a) The Association shall require guests of members of the Associa tion
to be accompanied by members of the Association in the use of the
Common Areas; -
b) The right of the Association to limit the number of guests of members;
c) The right of the Association to charge reasonable admission
fees for the use of any recreational facility situated upon the Common
Areas, and the right to charge and levy a monthly assess ment against
each lot for the purpose of maintaining the Common Areas:
d) The right of the Association, in accordance with its By-Laws, to
borrow money for the purpose of improving the Common Areas and
facilities and aid thereof to mortgage said Common Area facilities for
such purposes; provided, however, that all mortgages upon any part of
the Common Areas are subject to and subordinate to the #SYMBOL 252 \f
"Wingdings" \s 10 prior right of the members in and to said Common
Areas and to-the use of the facilities thereon as provided herein:
e) The right of the Association to suspend any member's voting rights
and/or right to use of any of the recreational facilities. owned by the
Association, for any period during which any assess ment 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:
f) 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 dedication or transfer shall be effective unless an
instrument signed by members entitled to cast two-thirds of the votes
of the Class A membership and two-thirds of the votes of the Class a
membership, if any, has been recorded in the appro priate records of
Benton County. Oregon, agreeing to such dedica tion or transfer, and
unless written notice of the proposed action is sent to every member
rot less than thirty (30) days nor more than ninety (90) days prior to
such dedication or transfer:.
q) The right of the Directors of the Association, from time to time, to
promulgate reasonable rules and regulations governing such right of use
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, without being limited thereto, rules restricting
persons under or over designated ages from using certain portions of
said property.
2. 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 of the Common Areas and facilities to the members of
his family or his tenants, provided they reside on the property.
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3. Title to the Common Area. The Declarant hereby covenants for
themselves, heirs and assigns, that they will construct a recrea tional
vehicle storage area on Lot 34 of the plot of BUTTERFIELD STATION. That
they will landscape the area and they will dedicate and convey all of
said facilities and Area to the use of the member and the supervision
and control of the Association.
ARTICLE V
MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant hereby covenants for all of said property, and each owner
of any lot therein, that by acceptance of deed or contract of pur chase
therefor, whether or not it shall be so expressed in any such deed or
other conveyance or agreement for conveyance, that such owner is deemed
to covenant and agree to pay to the Association:
(1) Regular monthly assessments or charges are to be in connection with
the use and maintenance of the Common Areas, 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 interest, costs and reasonable
attorney's fee shall 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 suc cessors in
title unless expressly assumed-by them.
2. Purpose of Assessments. The assessments levied by the Associa tion
shall be used exclusively for the purpose of promoting the re-creation,
health, safety and welfare of the residents in said property and in
particular for the improvement and maintenance of said property,
services and facilities devoted to this purpose and related to the use
and enjoyment of the Common Areas and the irrigation of the Common
Areas.
3. Special Maintenance and Assessments. If any owner or contract
purchaser of any lot shall fail to keep and maintain properly the
exterior of his mobile home, duplex or the exterior of his carport and
the grounds in connection with the same, then the Association, after
giving said owner reasonable written notice, may enter upon said
property and perform said maintenance and assess a reasonable cost
therefor to said owner or contract purchaser; such assessment shall be
added to the regular assessment and become a lien and enforcible in the
same manner. Disputes concerning the enforcement of this pro-vision and
the necessity of such maintenance 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 appropri ate jurisdiction.
4. Rate and Collection. Both regular and special assessments must be
fixed at a uniform rate for all lots, and may be collected on an
annual, quarterly or monthly basis, in the descretion of the Directors.
The provisions of this paragraph do not apply to paragraph 3 above.
5. Date of Commencement of Assessments; Due Dates. All lots shall be
subject to the monthly assessments provided for herein on the first day
of the month following the date on which the designated recreation
facilities are available for use by the members. The Board of Directors
shall fix the amount of the regular or periodic assessment at least
thirty (30) days in advance of each assessment period. Written notice
of the annual or periodic 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 assessment on a lot has 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 assess ment therein to have been paid.
6. Effect of Nonpayment of Assessments; Remedies of 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 (10%) percent per annum. The Secretary of the said Association
shall file in the office of the Director of Records. County Clerk, or
appropriate record of conveyances of Benton County, State of Oregon,
within one hundred twenty (120) days after delin quency, a statement of
the amount of any such charges or assessments, together with interest,
as aforesaid, which have become delinquent with respect to any lot on
said property, and upon payment in full thereof, shall execute and file
a proper release of the lien secur ing the same. The aggregate amount
of such-assessments, together, with interest, costs and expenses and
reasonable attorney's fee for the filing and enforcement thereof, shall
constitute a lien on the whole lot with respect to which it is fixed,
from the date the notice of delinquency thereof is filed in the office
of said Director of Records or County Clerk or other appropriate
recording officer, until the same has been paid or released, as herein
provided. Such lien may be enforced by said Association in a manner
provided by law with respect to liens upon real property. The owner of
a lot at the time said assessment is levied shall be personally liable
for the expenses, costs and disbursements, including reasonable
attorney's fees of the Association for processing and enforcing such
liens, all of which ex pense, costs and disbursements and attorney's
fee shall be secured by said lien, including fees on appeal, and such
owner at the time such assessment is incurred, shall also be liable for
any deficiency re maining unpaid after any foreclosure sale. No owner
may waive or otherwise avoid liability for the assessments provided for
herein by non-use of the Common Areas or abandonment of his lot.
7. Subordination of the Lien to Mortgages. The lien of the assess ments
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 lot shall not
affect the assessment lien. However, the sale or transfer of any lot
which is subject to any mortgage, pursuant to a decree of foreclosure
under such mortgage or any proceeding in lieu of fore-closure 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 sat isfied. A
foreclosure sale or transfer in lieu thereof shall not re lieve such
lot from liability for or lien of any assessments becoming due after
such sale or transfer.
8. Exempt Property. The following property subject to this Declara tion
shall be exempt from the assessments created herein: (a) all properties
expressly dedicated to and accepted by a local public authority; (b)
the Common Areas; (c) all other properties owned by the Association,
and (d) property owned by the Declarant prior to the
time a mobile home or other building is constructed thereon and occupied.
ARTICLE VI
USE RESTRICTIONS
The following restrictions shall be applicable to the real property
first hereinabove described and more particularly described on the duly
recorded plat of BUTTERFIELD STATION, and every lot and parcel thereof,
and shall be used for the benefit of and limitations upon all present
and future owners of said property or of any interest therein:
1. No sign of any kind shall be displayed to public view on any lot on
said property, except one sign no larger than six inches by twenty-four
inches indicating the name and address of the occupant, or signs used
by the developer to advertise the property during the construc tion and
sales period.
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. Also, no owner shall keep more
than a total of two permitted pets, and no pet shall be allowed to run
free on public throughfares or Common Areas.
3. No part of said property shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or any other waste. No garbage,
trash or other waste shall be kept or maintained on any part of said
property except in a sanitary container concealed from public view, and
no garbage, trash or other waste shall be burned or incinerated on said
property.
4. No noxious or offensive 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. No vacation trailer, camper-truck, tent, carport or other out-
building shall at any time be used as a residence, temporarily or
permanently, on any part of said property.
6. Parking of boats, vacation trailers, trucks, motor homes,
truck-campers and like equipment shall not be allowed on any part of
said property, nor on public ways adjacent thereto, except in such area
as may be designated for such purpose.
7. It shall be the obligation of each owner and contract purchaser of
any lot to keep and maintain the same, and the mobile home, car-port,
garage or other home or structure now or hereafter located thereon, in
proper condition, including the area between his prop erty line and the
improved portion of any abutting public curb or street.
8. No owner shall remove or otherwise alter any plant or tree or any
landscaping or improvement in any Common Area or in any recre ational
area.
9. No fence in excess of two feet in height shall be constructed within twenty (20) feet from the front line of the lot.
10. No equipment, tools or other personal property shall be stored in
any carport so as to be seen from the adjacent public street or
sidewalk.
11. All appendages to a mobile home shall be of a type generally
associated with the construction of mobile homes, and all mobile homes
shall have skirts of a type generally used with mobile homes.
12. Lawns and shrubbery shall be maintained in good condition at all times by owner or contract purchaser.
13. No commercial trade or activity of whatsoever name or nature shall be carried out upon any of the property.
14. No mobile home or other residential structure of a square footage
less than 740 square feet shall be built or placed upon a lot.
15. The minimum landscaping required is "finish grading" and at least two (2) trees or suitable alternate plant material.
16. Each lot owner shall provide off street parking for two (2) cars on
his lot, either in tandum or side by side. Each lot owner shall provide
a concrete patio, porch or cabana and carport, all to be subject to the
approval of the architectual review committee.
17. All construction, trailer placement and set-back requirements shall
be in accordance with the zoning and building codes of City of
Cor vallis, State of Oregon, and with the BUTTERFIELD STATION Mobile
Home Planned Development Subdivision narrative. The minimum set-backs
can be varied if unique circumstances justify such and if all members
of the architectual review committee approve.
18. A mobile home shall be situated upon a foundation meeting the
standards of City of Corvallis Building Code, with tie-down
facili ties, and the tongue shall be removed. Any exposed utility
facili ties shall be enclosed or completely screened from view. The
indi vidual siting of the mobile home on the lot must be approved by
the architectual review committee.
19. Fences shall not be constructed of or contain any material capable
of doing bodily harm, such as barbed wire, electric wires, broken
glass, spikes, and any other hazardous or dangerous material. The
design of all fences must be approved by the architectual review
committee.
20. Carports and storage sheds shall be of uniform quality and must be
approved by the architectual review committee as to location and design.
21. Only one mobile home or other residential structure may be located
on any lot within the planned development and there shall be no mixing
of housing types. All mobile homes must be double-wide or single-wide,
but not narrower than fourteen (14) feet. All mobile homes must be in
good condition and must be a 1972 model or later. All mobile homes on
perimeter lots must have a pitched roof.
22. All mobile homes shall be full service units, including laundry
facilities.
23. No TV or radio antennas are allowed on any mobile home, duplex or other structure.
24. All auxiliary structures, including carports, and storage sheds
shall be of uniform quality and must be approved by the architectural
review committee.
25. All pedestrian ways and architectural screen fences shall be owned and maintained by the Home Owners Association
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26. The recreational vehicle parking area is for the exclusive use of
the residents of the subdivision and to be maintained by the Home
Owners Association under the rules and directives adopted by the Home
Owners Association.
27. Recreation facilities, picnic areas and other Common Areas are to be owned and maintained by the Home Owners Association.
28. All paving within the Common Areas is to be maintained by the Home Owners Association.
ARTICLE VII
ARCHITECTURAL CONTROL
The Architectural Control. Committee shall consist of three (3)
mem bers: One Member of the Planning Staff of the City of Corvallis,
one lot purchaser, and one developer.
No building, fence, wall or other structure shall be commenced, erected
or maintained upon the Properties, nor shall any exterior addition to
or change or alteration therein be made until the plans and
specifications showing the nature, kind shape, height, materials and
location of the same shall have been submitted to and approved in
writing as to harmony of external design and location in rela tion to
surrounding structures and topography by the Architectural Control
Committee of the Association. In the event said committee fails to
approve or disapprove such design and location within thirty (30) days
after said plans and specifications have been sub mitted to it,
approval will not be required and this Article will be deemed to have
been fully complied with. The provisions of this Article shall not
apply to initial new construction by the Declarant or those acting for
it.
ARTICLE VIII . MOBILE HOMES DEEMED REAL PROPERTY
Every mobile home now located or hereafter placed upon any lot or parcel of the property shall be deemed real property.
1. Every owner and any other person having an interest in a mobile home
shall do whatever shall be necessary under the laws of the State of
Oregon, now or hereafter in effect, to subject such mobile home to
assessment and taxation under the advalorem laws of the State of Oregon.
2. Every mobile home situated upon any lot or parcel of the property
shall be held, transferred, devised and encumbered as a real property
improvement upon the lot or parcel on which it is situate.
3. Nothing in this Article shall be construed as relieving any owner or
other person from complying with the laws of the State of Oregon, now
or hereafter in effect which may require the registra tion of mobile
homes with the Department of Motor Vehicles, or the compliance with any
other laws of the State of Oregon or other governmental authority
pertaining to mobile homes.
ARTICLE IX
GENERAL PROVISIONS
I. Enforcement. The Association, or any owner, or the owner of any
recorded mortgage or trust deed upon any part of said property shall
have the right to enforce, by and proceeding at law or in equity, all
restrictions, conditions, covenants, reservations, liens, and charges
now or hereafter imposed by-the provisions of this De claration, and to
recover damages for violation thereof. Failure by the Association, or
any owner, to enforce any covenant or re striction 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 judgment or court order shall in no way affect any
other provision which shall remain in full force and effect.
3. Amendment. The covenants and restrictions of this Declaration shall
run with and bind the land, and shall inure to the benefit of and be
enforcible by the Association, or the owner of any lot subject to this
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 successor periods of ten (10) years. Any of
the covenants and restrictions of this De claration may be amended
during the first twenty-five (25) year period by an instrument signed
by members entitled to cast not less than ninety percent (90%) of the
votes of each class of membership, - and thereafter by an instrument
signed by members entitled to cast - not less than seventy-five percent
(75%) of the votes of each class. All such amendments must be recorded
in the appropriate Deed Records of Benton County, Oregon, to be
effective.
4. No Right of Reversion. Nothing herein contained or contained 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 Association, any right of
reversion of re-entry for breach or violation of any one or more of the
provisions hereof.
5. Maintenance and Repair. The Association shall cause all of said
property now or hereafter owned by it, together with any im provements
now or hereafter owned by it, to be kept and maintained in good order
and repair. Any of said improvements owned by the Association which are
damaged or destroyed shall be promptly re-placed unless persons
entitled to exercise ninety percent (90%) of the voting power of the
Association at a special meeting duly called for such purpose,
affirmatively vote in person or by proxy not to cause such damaged or
destroyed improvements to be replaced, in which event such property
shall, nevertheless, be restored to a reasonably neat and well-kept
appearance.
6. Assignment. Any or all rights, powers and reservations of Declarant
herein contained may be assigned to the Association 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 associa tion evidencing its
intent in writing to accept such assignment, have the same rights and
powers and be subject to the same obliga tions and duties as are given
to and assumed by Declarant herein.
ARTICLE X. DEDICATION
1. Open Areas. All Common Open Space designated on the plat of
BUTTERFIELD STATION, Benton County, Oregon, with amenities, are hereby
granted and conveyed to BUTTERFIELD STATION HOMEOWNERS ASSOCIATION, for
the benefit of its members, together with a per manent right to enter
for maintenance purposes, to be used for pedestrian traffic and
recreational purposes; however, any portion thereof is subject to
automatic termination in the event such por tion is dedicated to any
public agency, authority or utility.
WE HEREUNTO SET OUR HANDS this 31 day of May, 1978.
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
For BUTTERFIELD STATION
This amendment made this 14th day of September 1979, by the undersigned
FLOYD CALLIS JR., and ARDEN CALLIS, husband and wife, here inafter
called 'Declarants'.
W I T N E S S E T H :
WHEREAS, Declarants are all the owners of all the property described in
the duly recorded plat of BUTTERFIELD STATION, Benton County, Oregon,
and;
WHEREAS, by Daclaration of Covenants, Conditions and Restric tions
dated May 31, 1978, recorded May 31, 1978 as M-94814 Microfilm Records
of Benton County, certain covenants, conditions and restrictions were
placed on said property, and;
WHEREAS, Declarants now desire to amend said Declaration of Conditions, Covenants and Restrictions;
NOW THEREFOR, Declarants hereby amend paragraph sixteen (16) article VI of said Declaration to read as follows;
16. Each lot owner shall provide off street parking for two (2) cars on
his lot, either in tandum or side by side. Each lot owner may provide a
concrete patio, porch or cabana and carport, all to be subject to the
approval of the architecural review committee.
Floyd Callis, Jr. Arden Callis
Corvallis,
Oregon Real Estate Home
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