| | Canberra
Addition -
Philomath,
Oregon
-
Platted in 1979
- 37 home lots
- Includes the streets of - Canberra Drive, Adelaide Drive,
Tasman Drive, Pioneer Street, Dampier Drive, College Street
-
CCR's (Covenants, Conditions and Restrictions)- See Below
- Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Canberra
Addition Plat
Map- Canberra
Addition Home Styles- 
CCR's
(Covenants, Conditions and Restrictions)-
PROTECTIVE COVENANTS,
CONDITIONS, DECLARATIONS
AND RESTRICTIONS
FOR
CANBERRA ADDITION
BENTON COUNTY, OREGON
TO: The Public
THIS DECLARATION, made on the date hereinafter set forth by the
undersigned, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain real property in the County
of Benton, State of Oregon, hereinafter referred to as "said property",
more particularly described as follows:
CANBERRA ADDITION, Benton County, Oregon, as platted in Book 8,
Page 103
WHEREAS, Declarant desires to subject said property to certain
protective covenants, conditions, restrictions, reservations,
easements, liens and charges for the benefit of said property, and its
present and subsequent owners as hereinafter specified and will convey
said property subject thereto.
NOW, THEREFORE, Declarant hereby declares that all of the said property
is and shall be held and conveyed upon and subject to. the 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 said 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 said property,
or any interest therein:
1. No building shall be used except for residential
purposes.
2. No dwelling or building from another site in or outside is
subdivision may-be placed or erected upon any building site without
approval of the Architectural Review Committee.
3. No building shall be erected, altered, placed or permitted to remain
on any building site other than one single family dwelling, not
exceeding 30 feet in height from the highest grade elevation
immediately adjacent to the ' foundation of said structure and private
garage for not more than three cars.
4. No noisy or offensive trade or activity shall be carried on on any
building site, nor shall anything be done thereon which may be or
become a nuisance or annoyance to the neighborhood.
5. No trailer, tent, shack, garage, barn or other outbuilding shall at
any time be used for human habitation, temporarily or permanently, nor
shall any structure of a temporary character be used for human
habitation.
6. No animals or poultry of any kind other than household pets shall be
kept or maintained on any part of said property. No household cats,
dogs; or other household pets may be bred or maintained on said
premises for any commercial purpose.
7. All building in this subdivision shall be constructed in a good and
workmanlike manner. All exterior aspects of any structure provided for
in these restrictions and conditions must be completed within nine (9)
months from the beginning of construction.
8. All trees and planting existing on said lots at the time of purchase
or planted and grown subsequent thereto, shall be controlled and
maintained in a neat and aesthetically pleasing manner free from weeds
and debris, in such a way so as not to unreasonably obstruct the view
and landscaping of the owners of the lots protected hereby.
9. Detached residential units: No fence shall be installed, or hedge
maintained at a height higher than six (6) feet from the ground to top
and no fence, wall or hedge in excess of 30 inches in height shall be
permitted to extend from the minimum setback line of the front lot line.
10. Attached residential units: Fences will not be. permitted in the
rear yards but will be permitted between the garages and building. Some
privacy screens may be allowed if approved as part of the original
construction of the residence. Landscaping will be installed by the
builder of each cluster of units. Landscape plans will be submitted to
and approved by the Philomath Planning Commission prior to issuance of
any building permits in the townhouse area or apartment area.
These attached residential unit and apartment unit lots shall have no
building, fence, wall, hedge, structure, improvement, obstruction,
ornament, landscaping or planting placed or permitted to remain upon
any part of said property unless a written request for approval thereof
containing the plans and specifications therefore, including exterior
color scheme, has been tendered to and approved in writing by a
majority of the Architectural Committee or its representative
designated by a majority of the Committee.
11. All utilities such as water, sewer, gas, telephone, power and
television lines are to be underground.
12. No oil drilling, oil development operation, oil refining, quarrying
or mining operation of any kind shall be permitted upon or in any lot,
nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be
permitted upon or in any lot. No derrick or other structure designated
for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any lot.
13. No lot shall be used or maintained as a dumping ground for rubbish
or trash. Rubbish, trash, garbage, or animal waste shall be kept only
in sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and
sanitary condition.
14. The Architectural Committee referred to herein shall be composed of
Leon Stratton, Glenn Ling, Paul Green and W.O. Christensen. Its
decisions 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 representative said
application will be deemed to have been approved if the said Chairman
has signed and dated said application, acknowledging receipt thereof on
a copy submitted with the original.
The original members of the Committee shall serve for three (3) years.
New members shall be elected for a term of 3 years by a majority vote
of the members of the Architectural Committee. If any member of the
Committee is unable or unwilling to act, the remaining members shall
elect a successor to serve out the expired term. Upon completion and
occupancy of at least 50% of the platted lots in the Canberra Addition,
the Architectural Committee shall be expanded from 4 members to 5
members, and the fifth member shall be a resident of the Canberra
Addition Subdivision.
15. A "building site" as used herein shall mean any lot, portion of lot
or any two Or more contiguous lots in a single ownership, upon which a
dwelling may be erected in compliance with these restrictions.
16. Each and all of the conditions and restrictions herein' contained
shall be deemed and considered to be covenants running with the land,
and if the declarant or any of the property owners in Canberra Addition
violate or attempt to violate any of the conditions or restrictions
contained herein it shall be lawful for any injured person in this
subdivision to prosecute any proceedings at either law or equity
against the person or persons violating, or attempting to violate such
conditions and restrictions, and in the event of such suit or
proceedings the plaintiff therein shall be entitled to judgment for
such damage as plaintiff may have sustained by reason of. a breach of
said conditions and restrictions, and beside rendering judgment for
damages, costs and attorney's fees, the Court may order the
discontinuance of said violation. However, the lien of any mortgage
shall not be impaired by reason of such violation.
17. In case of a conflict between these restrictions and the City of
Philomath Zoning Ordinance, the more restrictive shall prevail.
18. All roofing coverings shall be wood shakes, wood shingles, tile, or
an architectural grade composition material approved by the
Architectural Committee or any roof covering approved in writing by the
Architectural Committee.
19. Parking of recreational equipment shall be allowed only in side and
rear yards with approved screening devices. No portion of same may
project beyond. the enclosed or shielded area except under such
circumstances, if any, as may be prescribed by written permit approved
by the Architectural Committee.
Junk cars and/or other unsightly vehicles shall not be allowed on any
part of said property or on public ways adjacent to.
All parking of equipment over 3/4 ton rating shall
be prohibited except as approved in writing by the Architectural
Committee.
20. There will be no driveways onto Pioneer Street with the exception
of Lot 9, Block 5.
21. Lot 8, Block 3; Lot 9, Block 3; Lot 4, Block 5; Lot 5, block 5; Lot
12, Block 5; and Lot 13, Block 5 all of Canberra Addition are subject
to a 20' wide City of Corvallis. waterline easement, more specifically
described for each of those lots in the attached Exhibits "A", "B",
"C", "D", "E", and "F", which are incorporated into these covenants by
this reference.
22. The property subject to these covenants is subject to an
irrevocable consent to annexation with the City of Philomath and is
subject to a contract for services between the City of Philomath and
Benton County.
RESTRICTIVE COVENANT AGREEING TO
PARTICIPATE IN FUTURE ROAD AND STREET IMPROVEMENTS
The undersigned, being the legal owners of the real property. described
below, do hereby agree to participate in future road improvements of
the public streets border said property. In consideration of not being
required to improve the said streets at this time, we agree to
participate in the formation of a local improvement district, road
district, or road assessment district by the County of Benton for the
purpose of assessing the cost of such improvement to the said property
and to any other property benefited by the improvement, such assessment
to be made in accordance with applicable laws and ordinances as the
same may exist at the time of the improvement. It is under-stood that
"improvement-of roads and streets," as the term is used herein,
includes construction of curbs and gutters, sidewalks, storm drains,
and all other work and improvements deemed necessary by Benton County
to bring all roads and streets into conformance with applicable. road
standards. The undersigned further agrees to sign, or join in the
signing of, such further petitions or consents as may be requested by
Benton County to aid in the initiation of a district for the aforesaid
purposes.
The covenants herein contained shall be binding and effective for
twenty years from the date hereof; provided, however, that Benton
County shall have the right to extend the covenants for an additional
twenty years by recording a notice of such extension in the deed
records of the County prior to the expiration of the first twenty-year
period.
The property subject to these covenants is described as follows:
Beginning, at the initial point, a 2" x 36" galvanized iron pipe set 6"
below the surface of the ground that is the southerly southwest corner
of the Wayman St. Clair Donation Land Claim No. 47, Township 12 South,
Range 6 West, Willamette Meridian, Benton County, Oregon; thence South
along the East line of the William Matzgers Donation Land Claim No. 50,
a distance of 1142.81 feet; thence S80°13'56"W 84.03 feet; thence
NO°05'37"E 251.58 feet to a 1/2" pipe; thence along the arc of a
2587.50 foot radius curve to the right (long chord bears
S81°37'05"W 138.57 feet) a distance of 138.59 feet; thence
N10°33'45"W 122.83 feet; thence N39°28'05"E 78.26 feet; thence
North 116.54 feet; thence N88°42'01"W 20.00 feet; thence along the
arc of a 365.00 foot radius curve to the right (long chord bears
N67°13'32"W 267.25 feet) a distance of 273.61 feet; thence along
the arc of a12.50 foot radius curve to the left (long chord bears
N84°59'58"W 15,82 feet) a distance of 17.13 feet; thence
N42°52'12"W 50.57 feet; thence along the arc of a 12,50 foot radius
curve to the left (long chord bears N10°43'51"E 17.68 feet) a
distance of 19.64 feet; thence along the arc of a 365.00 foot radius
curve to the right (long chord bears N33°03'51"W 15.62 feet) a
distance of 15.62 feet; thence N58°09'42"E 60.00 feet; thence
N31°50'18"W 321.08 feet; thence N70°06'51"E 160.00 feet; thence
N76°32'54"E 160.00 feet; thence N11°07'49"W.100.00 feet; thence
N16°31'32"E 56.27 feet; thence N10°25'34"W 96.85 feet; thence
N78°29'44"E 83.76 feet; thence N84°48'14"E 265.00 feet to the
East claim line; thence 50°18'31"E 228.92 feet to the point of
beginning. Containing 10.7402 acres, more or less.
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 County.
OCTOBER 1, 1979
ADDENDUM TO
PROTECTIVE COVENANTS, CONDITIONS, DECLARATIONS AND RESTRICTIONS FOR
CANBERRA ADDITION
BENTON COUNTY, OREGON
THIS DECLARATION, made on the date hereinafter set forth by the
undersigned, hereinafter referred to as 'DECLARANT',
WHEREAS, Declarant is the owner of certain real property in the County
of
Benton, State of Oregon, hereinafter referred to as SAID PROPERTY',
more particularly described as follows:
Block three, Lots one through twelve, Block four, Lots one and two, and
Block five, Lots one through eighteen, CANBERRA ADDITION, Benton
County, Oregon.
WHEREAS, Declarant desires to add an addendum to PROTECTIVE COVENANTS,
CONDITIONS, DECLARATIONS AND RESTRICTIONS FOR CANBERRA ADDITION,
recorded December 26, 1979,
and assigned No. 12714 in the Microfilm records of Benton County,
Oregon.
WHEREAS, Declarant has requested minor varying sideyard setbacks for
said property and the City of Philomath has approved said sideyard
setbacks.
NOW, THEREFORE, Declarant hereby declares that the following ADDENDUM
is added to aforementioned covenants and shall be binding upon all
persons claiming under them and shall inure to the benefit of and be
limitations upon all future owners of said property, or any interest
therein:
1) A minimum of sixteen feet between residential single-family detached
structures shall be required on said property regardless of lot line
location.
Dated this 27th day, 1981.
CANBERRA DEVELEMENT CORPORATION
Corvallis,
Oregon Real Estate Home
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