Cascade Heights
Subdivision
-
Corvallis,
Oregon
- Platted in 1968
- 39 home lots
- Includes the streets of - Cascade Hght. Drive, Alpine
Meadow, Cascade Falls Court, Christmas Tree Lane, Quarry Road, Laurel
Way
-
CCR's (Covenants, Conditions and Restrictions)- See Below
- Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Cascade
Heights Subdivision Plat
Map-
Cascade
Heights Subdivision Home Styles-
CCR's
(Covenants, Conditions and Restrictions)-
View recorded documents-
DECLARATION OF COVENANTS
AND RESTRICTIONS AND
PROPERTY OWNERS
ASSOCIATION AGREEMENTS
CASCADE
HEIGHTS SUBDIVISION HOMEOWNERS
ASSOCIATION
This document, originally recorded March 28, 1997 as M-226743-97, is being
rerecorded to add the exhibits.
INDEX
ARTICLE 1
Definitions
2 ARTICLE 2
Membership and Voting Rights 3
ARTICLE 3
Property Rights in the Common Properties 4 ARTICLE 4
Easements
5
ARTICLE 5
Covenant for Assessments 6
ARTICLE 6
Architectural Review Committee 11 ARTICLE
7
Exterior Maintenance
12 ARTICLE 8
Common Scheme Restrictions 13 ARTICLE 9
General Provisions
15
DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration made this 28th day of March, 1997, by DUANE
A. DRUSHELLA and JOAN H. DRUSHELLA, an Oregon
corporation, hereinafter called the "Developer."
WITNESSETH
WHEREAS, Developer is the Owner of real property in Benton
County, Oregon, which property is more particularly described in Exhibit
"A" of this Declaration, (hereafter referred to as "The
Property"), and desires to create thereon a residential community with
access to and the right to use open spaces and other common facilities for the
benefit of said community, and
WHEREAS, Developer desires to provide for the preservation
and enhancement of property values, amenities and opportunities in said
community, and for the maintenance of open spaces and other common facilities,
and to this end desires to subject The Property to the covenants, restrictions,
reservations and charges hereinafter set forth, each and all of which are
declared to be for the benefit of The Property and each and every subsequent
Owner of any part thereof, and
WHEREAS, Developer has deemed it desirable to these ends to
create an agency to enforce certain of said covenants, restrictions,
reservations and charges, and,
WHEREAS, Cascade Heights SUBDIVISION Homeowners Association
("Association") is an Oregon
non-profit corporation formed for the purposes described in its Articles of
Incorporation,
NOW, THEREFORE, Developer hereby declares that The Property
is and shall be held upon, and each lot hereinafter created from The Property
shall be conveyed subject to, the covenants. restrictions and charges
hereinafter set forth.
ARTICLE 1 DEFINITIONS
Section 1.1 The following words and terms when used in this
Declaration or any supplemental amending declaration shall have the following
meanings:
a. "Association"
shall mean and refer to Cascade H. Subdivision Homeowners Association, an Oregon non-profit corporation.
b. "Properties"
or 'The Property" shall mean and refer to the property described in
Exhibit "A" hereto and other properties as are hereafter made subject
to this Declaration and brought within the jurisdiction of the Association.
c. "Common
Ares" shall , mean all real property described in Exhibit "B"
attached hereto and committed hereby to control by the Association for the
common use and enjoyment of the Owners.
d. "Lot"
shall mean and refer to any plot of land shown on any recorded map of the
Properties except that part of the property identified as the Common Area.
e. "Owner"
shall mean and refer to the Owner of record as shown on the Deed Records of
Benton County, whether one or more persons or entities, of a fee simple title
or contract vendee interest to any Lot which is part of the Properties
excluding those having such interest merely as security for the performance of
an obligation.
f. "Member"
shall mean and refer to every person or entity who is an Owner, or, in the
place of such Owner, the authorized tenant of an Owner. The Developer, or its
successor or designee, shall also be a member.
g. "Architectural
Review Committee" (hereafter "the ARC") shall mean the committee
appointed by the duly elected Board of Director: of The Association.
ARTICLE 2
MEMBERSHIP AND VOTING RIGHTS.
Section 2.1 Membership. The Developer, its successor or
designee, and every other person or entity who is an Owner, or, in place of an
Owner the authorized tenant of a Lot owned by the Owner, shall be a Member of
the Association. Membership shall be appurtenant to and, except for a temporary
assignment of membership to an authorized tenant, may not be separated from
ownership of any Lot which is subject to assessment by the Association or
ownership of the Common Area. An Owner may, by written notice delivered to the
Association, authorize a tenant of a Lot owned by an Owner to serve as a Member
in the place of such Owner for a period not to exceed the term of such tenancy.
Ownership or leasehold tenancy of such Lot, or of the Common Area, shall be the
sole qualification for membership.
Section 2.2 Voting Rights. The Association shall have two
classes of voting membership.
Class A. Class
A Members shall be all Owners of any part of the Property with the exception of
the Developer and shall be entitled to one vote for each Lot owned. When more
than one person holds an interest in any Lot, all such persons shall be
Members, but the single vote allocated for such Lot shall be exercised as the
Owners of that Lot determine. In no event shall more than one vote be cast
representing any one Lot.
Class B. The
Class B Member shall be the Developer and shall be entitled to three votes for
each Lot owned. Class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier.
a. When the
total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, or
b. On December 31, 2005.
ARTICLE 3
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 3.1 Members' Easements of Enjoyment. Subject to the
provisions of Subsection 3.2 of this Article 3, every Member, the immediate
members of their families who reside with such Member on the Properties, and
the guests of such Members, shall have a right and easement of enjoyment in and
to the Common Area and such right and easement shall be appurtenant to and
shall pass with the tide to the member's Lot.
Section 3.2 Extent of Members' Easements. The rights and
easements of enjoyment created hereby shall be subject to the following:
The right of the Association, as provided in its Articles of
Incorporation or Bylaws, to suspend the voting rights and the right of use of
the Common Area by a Member, or any person whose right to such use is derived
from such Member, for any period during which any assessment imposed by the
Association remains unpaid, and for any period (not to exceed thirty (30)
days), determined by the Association, for any infraction of its published rules
and regulations, and Section 3.3 Any Member may delegate in writing, in
accordance with the Bylaws, his right of enjoyment to the Common Area to his
tenants or contract purchasers who reside on a Lot.
ARTICLE 4
EASEMENTS
There is hereby created, for the benefit of the Association
and its Members, and to facilitate enforcement of all rights established
herein, a blanket easement upon, across, over and under each Lot and the Common
Area for the following purposes:
a. Ingress,
egress, installation, repair and maintenance of all utilities, including but
not limited to water, sewer, gas, telephones, electricity and a master or cable
television system;
b. Maintenance,
including but not limited to, fertilizing and spraying of all trees, grass and
other vegetation on the Properties; and
c. Sidewalk
easements to allow meandering as put of the overall street design.
d. The
easements created by this Article 4 may not be exercised in a manner that
substantially impacts any residence or other permanent building located on any
Lot.
e. All expenses
or costs incurred in connection with the use of any right or rights created by
the easements described above, including all costs or expenses of restoring to
its former condition any of The Property disturbed by reason of the exercise of
such easement right, shall be deemed to be costs incurred by the Association
and shall be fully paid by the Association.
ARTICLE 5 COVENANT FOR ASSESSMENTS
Section 5.1 Creation of Lien and Persona Obligation
The Developer, for each Lot within The Property, covenants
and agrees, and each Owner of any Lot, by acceptance of a deed therefor,
whether or not it shall be expressed in such deed, is also deemed to covenant
and agree, to pay the Association a monthly assessment or charge (or, at the
discretion of the Board of Directors for the Association, an annual assessment)
and special assessments. The annual/monthly and specie assessments, together
with interest, costs and reasonable attorneys fees related to or arising out of
the collection of such assessments, or the enforcement of any of the provisions
of the Declaration of Covenants and Restrictions, shall be a charge on the Lot
or Lots to which the assessment applies and shall be a continuing lien upon the
Lot against which each such assessment or special assessment is made. Each such
assessment and special assessment, together with interest, costs and reasonable
attorneys fees for the collection thereof or the enforcement of any of these
Covenants and Restrictions shall also be the joint and several personal
obligation of the person or persons who was/were the Owner(s) of such Lot at
the time the assessment or special assessment fell due, or violation of the
Covenant or Restriction occurred. The personal obligation described herein for
delinquent assessments or violation of Covenants or Restrictions shall not pass
to successors in tide unless expressly assumed by them, but shall continue as a
lien upon the subject Lot and as a personal obligation of said Owner until paid
in full. It shall be the obligation of any owner desiring to sell any interest
in any Lot to first secure a written statement of release from the Association
confirming all such assessments applicable to such Lot are paid in full.
Section 5.2 Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the health, safety,
convenience and welfare of the residents of the Properties and for the
preservation, improvement and maintenance of The Property and the Common Area.
The Association shall be responsible for and shall pay promptly when due the
following:
1. One-half (1/2) the expenses of maintaining and preserving:
(a) The Detention Pond;
(b) The front Entrance near Quarry Road;
(c) The strip of landscaping adjacent to public sidewalks in
the Cascade Heights Subdivision.
2. In addition, the owners of Lots' 5, 6, 7, 8, and 9 shall
each pay 1/40 of the costs and expense of maintenance, replacement, operation and retirement of any City financed bond or
similar security deposit for the private sewer system belonging to the Homeowners
Association for The Ridge at Cascade Heights.
3. All street light expenses not paid by, the City of
Albany;
Section 5.3 Basis of Assess.
Each Lot shall be subject to an animal assessment. The Board of Directors shall
fix the monthly/annual assessment amount and may raise or lower said assessment
amounts as they deem necessary in their discretion. Notwithstanding the above,
the Association may change the assessment, provided that such change shall have
the assent of two-thirds (2/3) of the votes of Members who are voting in person
or by proxy, at a meeting duly called for that purpose, written notice of which
shall have been sent to all Members at least thirty (30) days in advance of the
meeting, and further provided there shall be no reduction in the obligation to
pay assessments described in subsections 1 through 3 of Section 5.2 above.
Section 5.4 special Assessments for Capital improvement. In
addition to the annual/monthly assessments authorized above, the Association
may levy, in any assessment year, a special assessment applicable to that year
only, for the purpose of defraying, in whole or in part, the costs of any
construction, reconstruction, repair or replacement of a capital improvement
upon the Common Area, including fixtures and personal property related thereto,
provided that any such assessment (except an assessment required to meet
obligations set out under subsections 1 though 3 of Section 5.2 above) may be
rescinded by a vole representing two-thirds (2/3) of the Members who are voting
in person or by proxy at a meeting called for this purpose, written notice of
which shall have been sent to all Members at least thirty (30) days in advance
of the meeting and further provided such notice shall set forth the. purpose of
the meeting.
Section 5.5 Rate of Assessment. Both annual/monthly and any
special assessments must be fixed it a uniform rate for all applicable Lots.
Section 5.6 Quorum. The quorum required for any action
authorized by Sections 5.3 and 5.4 above shall be as follows:
At any meeting of the Association, which may be called by
any officer of the Association, or by any ten (10) authorized voting Members of
the Association, upon not less than ten (10) nor more than thirty (30) days
written notice given to all Members of the Association, the presence at the
meeting of Members, or of proxies, entitled to cast 60% of the votes of all the
membership shall constitute a quorum. If the required quorum is not present, or
if the purpose for which the meeting was called is not resolved at said
meeting, a continued meeting may be called, subject to the same notice
requirements, and the required quorum at such continued meeting shall be
one-half (1/2) of the required quorum of the preceding meeting. No such
subsequent or continued meeting shall be held more than thirty (30) days
following the time given in the notice for the preceding meeting unless a new
notice is given pursuant to the provisions of this Section 5.6.
Section 5.7 Pate of Commencement of Annual/Monthly
Assessments;
dates.
The annual/Monthly assessments provided for herein shall
commence as to all Lots on the first day of the month following the adoption of
this Declaration. The Board of Directors shall fix the original amount of the
annual /monthly assessment at least thirty (30) days in advance of said
commencement date and any change in the annual/monthly assessment levy must be
fixed by the Board of Directors at least thirty (30) days in advance of the
commencement of the changed assessment amount, and any such assessment shall be
subject to the limitations set forth in Section 5.3 above. Written notice of
the 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, and for reasonable charge, furnish a certificate signed by an officer
of the Association setting forth whether the assessments on the specified Lot
have been paid. A properly executed certificate of the Association as to the
status of assessments on a Lot is binding upon the Association as of the date
of its issuance.
Section 5.8 Effect of Nonpayment of Assessment: Remedies of
the Association.
If any assessment is not paid when due, then such assessment
shall become delinquent and shall, together with such interest thereon and
costs of collection thereof as hereinafter provided, become a continuing lien
on the Lot which shall bind such Lot in the hands of the then Owner, his heirs,
devisees, personal representatives and assigns. The personal obligation of the
then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not
pass as personal obligations to his successors in tide unless expressly assumed
by them.
If the assessment is not paid within thirty (30) days after
the delinquent date, the assessment shall bear interest from the date of
delinquency at the rate of 15% per annum. The Association may bring an action
at law against the Owner personally obligated to pay the same, or foreclose the
lien against the Lot, and there shall be added to the amount of such assessment
the costs of preparing and filing the complaint in such action, and interest on
the assessment as provided above and reasonable attorney fees to be fixed by
the court, together with the costs of the action. No Owner may waive or
otherwise escape the liability for the assessments provided for herein by
non-use of the Common Area or abandonment of his Lot.
Section 5.9 Subordination of the Lien to mortgages. The lien
of the assessments provided for herein shall be subordinate to the lien of any
first mortgage. A sale or transfer of any Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure
shall extinguish the lien of such assessments as to payments which became due
prior to such sale or transfer. No such sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due or from the lien
thereof, and no such sale or transfer shall extinguish the Owner's personal liability
for any prior assessments.
Section 5.10 Exempt Propel. The following Property subject
to the Declaration shall be exempt from the assessment charges and liens
created herein.
a. All Common
Area as defined in Article I, Section 1.1 c;
b. All Properties
to the extent of any easement or other interest therein is dedicated to and
accepted by any public authority and devoted to public use.
ARTICLE 6
ARCHITECTURAL REVIEW COMMITTEE ('ARC')
No structure, whether residence, accessory building, tennis
court, swimming pool, antenna, flagpoles, fences, walls, exterior lighting or
other improvements, shall be constructed or maintained upon any Lot and no
alteration or painting to the exterior of a structure shall be made and no
landscaping performed unless complete plans, specifications and lot plans
therefor, showing the location, exterior design, height, building material and
color scheme thereof, shall have been submitted to and approved in writing by
the ARC. The ARC shall be composed of three or more representatives appointed
by the Board of Directors of the Association. In the event the ARC fails to
approve or disapprove such design and location within thirty (30) days after
said plans and specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully complied with.
All dwellings, garages and storage buildings permitted by
this declaration shall be constructed with exteriors of cedar siding, brick
and/or stone, or other siding approved in writing by the ARC. No such structure
shall be permitted to have a stucco exterior finish. However, DRI-VIT or
equivalent exteriors shall be permitted. All garages and storage buildings
permitted by this declaration shall be constructed with the same exteriors,
siding, colors and roofing materials as the residential dwelling. Roofs must be
cedar shingles or shakes, or tiles, or architectural shingles, or equivalent.
Exterior colon of all buildings on any lot must be compatible with each other
and compatible with buildings located on other lots within the subdivision and
must be pre-approved by the Architectural Committee.
It is the intent of these declarations to assure that all
dwellings, garages, and storage buildings shall be of a quality of workmanship
and materials substantially the same or better than that which would result from full compliance
with the Uniform Building Code, latest edition, published and copyrighted by
the International Conference of Building Officials, Pacific Coast Building
Officials Conference Subsidiary and the State of Oregon One and Two Family
Dwelling Special Code administered by the City of Albany Building Code Division
(Provided however, these declarations do not permit two family dwellings and
are limited to single family dwellings). The floor area of the residential
dwelling structure, exclusive of open porches, decks and garage, shall be not
less than 1,800 square feet. Building setbacks shall comply with the City of
Albany Development Code Requirements.
All decisions by the ARC shall be made in compliance with
the Findings, Conclusions and Order governing development of the Property made
by the City Council of the City of Albany on November 29, 1995.
ARTICLE 7
EXTERIOR MAINTENANCE
Section 7.1 The structures and grounds of each Lot shall be
maintained in a neat and attractive manner. Upon the Owner's failure to do so,
the Association may, at its option, after giving the Owner ten (10) days
written notice sent to his last known address, have the grass, weeds, and
vegetation cut when and as often as is necessary in its judgment, and may have
dead trees, shrubs and plants pruned, repaired or removed from any Lot.
Section 7.2 Upon the Owner's failure to maintain the
exterior of any structure in good repair and appearance, the Board of Directors
may, at its option, after giving the Owner one (1) month written notice, make
repairs and improve the appearance in a reasonable and workmanlike manner.
Section 7.3 Assessment of Costa. The costs of all such
maintenance referred to in Sections 7.1 and 7.2 of this Article shall be
assessed against the Lot upon which such maintenance is done and shall be added to and become part of
the annual/monthly maintenance or charge to which such Lot is subject under
Article 5 hereof, except that payment for any work performed pursuant to this
Article shall be due on presentation to the Owner, either in person or by regular
mail, of the Association's invoice therefor.
Section 7.4 Access at Reasonable Hours. For the purpose
solely of performing the maintenance referred to in Sections 7.1 and 7.2 of
this Article, die Association, through its duly authorized agents or employees,
shall have the right, after reasonable notice to the Owner, and after giving
the notice described in Section 7.1 or 7.2 above, to enter upon any Lot at
reasonable hours on any business day.
ARTICLE 8
COMMON SCHEME RESTRICTIONS
The restrictions described in the attached ARC Plan Review
Procedures are hereby imposed as a common scheme upon each Lot and upon the
Common Area for the benefit of each other Lot and Common Area and may be
enforced by any Owner:
Improvements constructed or maintained on the Lots shall
utilize high quality exterior materials and be of such character and design as
to be in harmony with surrounding structures and the Common Area. In addition
to the requirements set forth in the ARC Plan Review Procedures, the following
requirements apply to all Lots:
8.1 No garbage, refuse or cuttings shall be deposited on any
street, road or Common Area, and not on any Lot (unless placed in a suitable
container suitably located).
8.2 Boats, trailers, trucks, campers or commercial vehicles
shall not be parked or maintained in the Properties unless they are inside a
garage; however, this restriction does not restrict trucks or commercial
vehicles from making pick-ups or deliveries to or in the Properties, nor shall
this restriction restrict trucks or conmmercial vehicles within the Properties which are necessary for the construction of
residential dwellings or maintenance of the Common Area. An RV vehicle may be
parked for not more than 48 hours during any calendar week.
8.3 No noxious or offensive activities shall be carried out
on the Properties. 8.4 No Owner shall remove trees upon his Lot, except those
which are a
. hazard, diseased, or where approval to remove the trees
has been granted by the City of
Albany.
8.5 Foundation subdrains shall be required behind all
basement retaining walls.
8.6 Roof and foundation drains shall be connected to the
public storm system.
8.7 All denuded areas disturbed during grading and
residential development shall be protected during construction by appropriate
erosion control measures.
8.8 Lots 5, 6, and 7 may have a detached 2-car garage or
shop. No other lot shall have a detached garage or shop.
8.9 There shall only be one residential dwelling unit on a
lot.
8.10 Each lot may have a maximum of one (1) accessory
building not larger than 150 square feet in size.
8.11 Front yard fencing, if any, shall be either powder
coated wrought iron or wrought iron frame with cedar boards.
8.12 All side and back yard fencing shall be either the same
as the front yard fencing or shall be masonry (brick, stone, etc.).
8.13 All construction shall comply with applicable Albany
Development Code Provisions, including, but not limited to, ADC 6.200, and, if
applicable, the
recommendations for residential foundation design, site
preparation, and drainage set forth in the Geotechnical Study prepared by
Foundation Engineering, Inc. dated August 21, 1995.
8.14 Trash Receptacles (if allowed), exterior heat pumps,
and vents other than those ordinarily provided in residential construction
shall be screened from view by ARC approved plantings.
8.15 Mailboxes shall conform to the standards established by
the ARC and approved by the Post Office authority.
The Association may, from time to time, adopt additional
rules and regulations governing the use of the Properties and the conduct of
the residents and guests so as to encourage the high quality of the community.
No action shall be taken by the Board which would discriminate against any
Owner in favor of any other Owner.
ARTICLE 9
GENERAL PROVISIONS
Section 9.1 Duration. The covenants and restrictions of this
Declaration shall run with and bind the land, shall inure to the benefit of the
Association, the Developer, and the Owner of any land subject to this
Declaration, their respective legal representatives, heirs, successors and
assigns for a term of twenty (20) years from the date this Declaration is
recorded, after which time said covenant shall be automatically extended for
successive periods of ten (10) years unless an instrument terminating these
covenants and restrictions signed by the then Owners of seventy-five percent
(75%) of the Lots has been recorded prior to the commencement of any such ten
(10) year period.
Section 9.2 Amendments. These covenants and restrictions may
be amended during the first twenty (20) years from the date of this
Declaration, by an instrument signed by the Owners of not less than ninety
percent (90%) of the Lots and thereafter by an instrument signed by the Owners of not less than
seventy-five percent (75%) of the Lots; provided, however, no such amendment
may effect the title to any of the Common Area unless such amendment is first
approved in a writing signed by the Developer and the Association or its successor
in title.
Section 9.3 Notices. Any notice requited to be sent to any
Member or Owner under the provisions of this Declaration shall be deemed to
have been properly sent when mailed to the last known address of the person who
appears as Member or Owner on the records of the Association at the time of
such mailing.
Section 9.4 Enforcement of these covenants and restrictions shall be by any proceeding at
law or in equity against any person or persons violating or attempting to
violate the covenant or restriction, either to restrain violation or to recover
damages, and against the land to enforce any lien created by these covenants.
Failure by the Association or any Owner to enforce any covenant or restriction
therein contained stall in no event be deemed a waiver of the right to do so
thereunder.
Section 9.5 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.
IN WITNESS WHEREOF, the undersigned, being the Developer,
has
hereunto set its hand this a 28th day of March, 1997.
DEVELOPER:
Duane A. Drushella
Joan H. Drushella
EXHIBIT "A''
Lots 1 through 11, inclusive, and Lots 13 through 39,
inclusive, AND Tracts "B" and "C" of "CASCADE
HEIGHTS", a subdivision of
record in Benton County, Oregon.
TOGETHER WITH that 'private Access and Landscape Easement'
created by the Declaration of said "CASCADE HEIGHTS" subdivision and
located over all of Tracts "I" and "3" u shown on the
recorded plat of said subdivision.
ALSO TOGETHER WITH, that 'private Access and Landscape
Easement' created by the Declaration of said "CASCADE HEIGHTS"
subdivision and located over portions of Lots 31, 34 and 36 as shown on the
recorded plat of said subdivision.
EXHIBIT "B"
An undivided one-half (1/2) interest in Tracts "B"
and "C" of "CASCADE HEIGHTS", a subdivision of record in
Benton County, Oregon.
AND The beauty strips adjacent to public sidewalks located
within the public street right-of-way in said "CASCADE HEIGHTS"
subdivision.
AND all of the landscaping and retaining walls that are
located adjacent to and westerly of the existing common driveway located on
Lots 31, 34 and 36 in said "CASCADE HEIGHTS" subdivision and located
adjacent to and easterly of Tracts "I" and "J" of said
"CASCADE HEIGHTS" subdivision.
Corvallis,
Oregon Real Estate Home
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