| | Timberhill 1st
Addition
-
Corvallis,
Oregon
- Platted in 1969
-
25 home lots
- Includes the streets of -
Walnut
Boulevard, Arrowood Circle, Manzanita Place, 29th Street, Greenbriar
Drive
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill 1st
Addition Plat Map-Timberhill
1st Addition Home Styles-
PROTECTIVE COVENANTS,
CONDITIONS, DECLARATIONS
AND RESTRICTIONS
for TIMBERHILL FIRST
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:
TIMBERHILL
FIRST ADDITION
as
platted in Book 7 , page 8 ,
(Exhibit A).
Record
of Plats of Benton County,
Oregon.
WHEREAS,
Declarant desires to subject said property to
certain protective covenants, conditions, restrictions, reservations,
easements, lines 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, coven-ants, restrictions, easements and
reservations 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 this Declaration,
the following terms shall
have the following meanings:
1.
"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;
2.
"Association"
shall mean TIMBER HILL HOMEOWNERS ASSOCIATION, 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 property
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 all real property, and appurtenances thereto, now or
hereafter owned by the Association for the common use and enjoyment of
the
members of the Association;
5.
"Lot"
shall mean and refer to any plot of land shown-upon any recorded
subdivision
map of the properties with the exception of Common Areas, and to any
parcel of
said property under one ownership consisting of a portion of one or
more of
such lots and/or contiguous portions of two or more contiguous lots and
upon
which a dwelling has been constructed and occupied.
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 con-tract sellers),
whether
one or more persons or entities, of-all or any part of said property,
excluding
those having such interest merely as security for the
performance of an obligation.
8.
"Declarant"
shall mean and refer to the undersigned, their successors, heirs and
assigns,
if such successors, heirs or assigns should acquire more than one
undeveloped
lot or building site from the Declarant for the purpose of development.
9.
"Building
Site" shall mean and refer to a Lot, or to any parcel of said property
under one ownership which consists of a portion of one of such lots or
contiguous portions of two or more contiguous lots if a building is
constructed
thereon.
10.
"Set
back" means the minimum distance between the dwelling unit or other
structure
referred to and a given street or road or lot line.
ARTICLE II.
ANNEXATION OF ADDITIONAL PROPERTY
Real
property in addition to that described in EXHIBIT A may
be made subject to the jurisdiction of the Association, whereupon
automatically
it shall be included in any reference herein to "said property" or
"said properties".
1.
Annexation
of additional property shall require the assent of persons entitled to
cast
two-thirds (2/3) of the votes of the Class B members present in person
or by
written proxy and (except as provided in Section 2 below) the assent of
persons
entitled to cast two-thirds (2/3) of the votes of the Class A members
present
in person or by written proxy at a meeting of the Association duly
called for
such purpose, written notice of which shall be sent to all members not
less
than 30 days nor more than 60 days in advance of such meeting, setting
forth
the purpose thereof.
The
presence of members entitled to cast 60% of the votes of
each class of membership shall constitute a quorum at such meeting. In
the
event that a quorum is not forthcoming at any such meeting, another
meeting may
be called, subject to the notice requirement set forth above, and the
required
quorum at such meeting shall be one-half of the required quorum at the
preceding
meeting. If the required assent is not forthcoming, no subsequent
meeting shall
be held for the purpose of annexing such property for sixty days from
the date
of the last of such meetings.
2.
If within
ten (10) years of the date of incorporation of this Association, the
Declarant
should develop additional lands within the area described in EXHIBIT B
attached
hereto, such additional lands may be annexed to said properties without
the
assent of the Class A members; provided, however, that if any of said
property
is subjected to an FHA-insured mortgage, then the development of
additional
lands referred to in this subparagraph (2) shall be in accordance with
the
general land development plans submitted to the Federal Housing
Administration
with the processing papers for the first application for an FHA-insured
mortgage on any part of said property. Detailed plans for the
development of
additional lands must be submitted to the Federal Housing
Administration prior
to such development, if such property is to be: annexed to the
Association
without the consent of the Class A members. If the Federal Housing
Administration determines that such detailed plans are not in
accordance with
the general plan on file and so advises the Association and the
Declarant, the
development of the additional lands must have the assent of two-thirds
(2/3) of
the Class A members who are voting in person or by proxy at a meeting
duly
caller: for this purpose, written notice of which shall be sent to all
members
not less than 30 days nor more than 60 days in advance of the meeting
setting
forth the purpose of the meeting. At this meeting, the presence of
members or
of proxies entitled to cast sixty percent (60%) of all of the votes of
the
Class A membership] constitute a quorum. if the required quorum is not
forthcoming at any meeting, another meeting may be called, subject to
the
notice requirement set forth above, and the required quorum at any such
subsequent meeting shall he one-half (1/2) of the required quorum at
the
preceding meeting. No such subsequent meeting shall be held more than
60 days
following the preceding meetings. Unless otherwise specifically so
stated,
submission by the developer to FHA of a general development plan shall
not
obligate developer to make the proposed annexations.
ARTICLE
III. MEMBERSHIP
Every
person or entity who is a record owner (including
contract sellers) of a fee or undivided fee interest in any Dwelling
Unit or
any Lot, or Building Site 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 obligation.
Membership
shall be appurtenant to and may not be separated from ownership of any
such
Dwelling Unit, Lot er Building Site
made subject to the
jurisdiction of the Association. Such ownership shall be the sole
qualification
for membership, and shall automatically commence upon a person becoming
such
owner, and shall automatically terminate and lapse when such ownership
in said
property shall terminate or be transferred.
ARTICLE
IV. VOTING
RIGHTS,
The
Association shall have two classes of voting membership:
Class
A. Class A members shall be all those Owners as
defined in Article III with the exception of the Declarant. Class A
members
shall be entitled to one vote for each Dwelling Unit, Lot
and Building Site in which they hold the interest required for
membership by
Article III. When more than one person holds such interest in any
Dwelling Unit
or Lot or Building Site, all such
persons shall be
members. The vote for such Dwelling Unit, Lot
or
Building Site shall be exercised as they among themselves determine, or
if
unable to agree, they may cast fractional votes proportionate to their
ownership interests, but in no event shall more than one Class A vote
be cast
with respect to any one Dwelling Unit or Lot.
The vote
applicable to any of said property being sold under a contract of
purchase
shall be exercised by the contract vendor unless the contract expressly
provides otherwise.
In
order to prevent duplication of voting rights, if the
owner of a Dwelling Unit is entitled to a vote by reason of any such
ownership,
neither he nor any other person shall be entitled to a vote by virtue
of
ownership of any interest in the land upon which is located the
building in
which. such Dwelling Unit is located.
Class
B. The Class B member(s) shall be the Declarant, its
successors and assigns. Class B members) shall be entitled to five (5)
votes
for each Lot in which it holds the interest required for membership by
Article
III, and which is subjected to the jurisdiction of the Association by
re-corded
covenants; provided that existing Class B votes shall be converted to
Class A
votes upon the happening of either of the following events, whichever
occurs
earlier:
a)
On
a date ten (10) years from the date of filing of the Articles of
Incorporation
of Timber Hill Homeowners Association; or
b)
When
the total votes outstanding in the Class A membership equal the total
votes
outstanding in the Class B membership; provided that if Decalrant
subjects
additional property to the jurisdiction of the Association by recorded
covenants in the manner provided herein, it shall be entitled to Class
B votes
for such additional property as indicated above.
Article
V. Property Rights
Section I. Members Easements of
enjoyment. Every member of
the Association shall have a right and casement of enjoyment in and to
the
Common Areas and such casement shall be appurtenant to and shall pass
with the
title to every assessed Lot;
subject, however, to the
following provisions:
a)
The right of
the Association to. limit the number of members permitted to use the
Common
_Areas;
b)
The right of
the Association to charge reasonable admission fees for the use of any
recreational facility situated upon the Common Areas or otherwise
controlled by
the Association, including, particularly, the right to charge an annual
or
other periodic fee for members who desire exclusive use of such
facility, and
who are willing to pay a special fee or assessment for such use;
c)
The right of
the Association, in accordance with its Articles and Bylaws, to borrow
money
for the purpose of improving the Common Areas and facilities and in aid
thereof
to mortgage said Common Areas facilities for such purposes, and the
rights of
any mortgages in said properties shall be subordinate to the rights of
the
home-owners hereunder;
d)
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 assessments 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;
e)
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 condition or
transfer
shall be effective unless an instrument signed by members entitled to
cast a
two-thirds of the votes of the Class A membership and a two-thirds of
the votes
of the Class B membership, if any,' has been recorded in the
appropriate
records of Benton County, Oregon, agreeing to such dedication or
transfer, and
unless written notice of the proposed action is sent to every member
not less
than thirty (30). days nor more than ninety (90) days prior to such
dedication
or transfers
f)
The right
of the Directors of the Association to promulgate reasonable rules and
regulations governing such rights of use, from time to time, in the
interest of
securing maximum safe usage of such Common Areas by the members of the
Association without unduly in-fringing 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 during certain times, and
reasonable
regulations and restrictions regarding parking.
Section 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 to the Common Areas and facilities to
the
members of his family, his tenants, or contract purchasers, providing
they
reside on the property.
Section 3. Title to the Common Areas.
The Declarant hereby
covenants /" for itself, its heirs and assigns, that it will convey to
the Association fee simple title to the Common Areas designated as such
on
EXHIBIT A, prior to the conveyance of the first Lot which is subjected
to an
FHA insured mortgage. Declarant further covenants and agrees that its
conveyance to the Association of Lot 2, Block 1 as a common area and
shall
provide that said lot may not con- any public improvements without the
express
consent of the owners of Lot 15, Block and Lot 3, Block 1.
ARTICLE
VI. COVENANT FOR
MAINTENANCE ASSESMENT
1.
Creation of
the lien and Personal Obligation of Assessments.
The Declarant hereby covenants for
all of said Property, and
each Owner of any Dwelling Unit, Lot or Building Site by acceptance of
a deed
or contract of purchase therefor, whether or not it shall be so
expressed in
any such deed or other conveyance or agreement for conveyance, is
deemed to
covenant and agree to pay to the Association: (1) Regular annual or
other
regular periodic assessments or charges, 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 assessment is made. Each
such
assessment, together with such interest, costs and reason-able
attorney's fees,
shall also 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 fore-closed, but shall not be a
personal
obligation of successors in title unless expressly assumed by them.
2.
Purpose of
Assessments. The assessments levied by the Association shall be used
exclusively for the purpose of promoting the recreation, health,
safety, and
welfare of the residents in said property and in particular for the
improvement
and maintenance of said property, any Common Areas, the services and
facilities
devoted to this purpose and related to the use and enjoyment of the
Common
Areas, and of the Dwelling Units situated upon said property and
including,
without being limited thereto, the payment of taxes and insurance on
all or any
part of said property. 3.
Basis and
Maximum Annual Assessments. Until January 1 of the year immediately
following
the conveyance of the first Dwelling Unit or Lot
or
Building Site to an Owner, the maximum regular assessment shall be FIVE
($5.30)
Dollars per month for each Lot or
Dwelling Unit subject
thereto.
a)
From and
after January 1 of the year immediately following the conveyance of the
first
Lot or Dwelling Unit to an Owner, the maximum monthly assessment may be
increased effective January 1 of each year, beginning January 1, 1975,
without
a vote of the member-ship in conformance with the rise, if any, of the
Consumer
Price Index (published by the Department of Labor, Washington, D. C.,
or
successor U. S. Governmental agency, U. S. city average) from July of
the year
in which these covenants are recorded to July of the year preceding the
year in
which such increase becomes effective.
b)
From and
after January 1 of the year immediately following the conveyance of the
first
Lot to an Owner, the maximum monthly assessment may be increased above
that
determined by reference to the Consumer Price Index, as aforesaid, by a
vote of
the members, provided that any such increase shall be approved by the
affirmative vote of not less than two-thirds of the votes of each class
of
members who are voting in person or by proxy, at a meeting duly called
for this
purpose, written notice of which shall be sent to all members not less
than 30
days nor more than GO days in advance of the meeting setting forth the
purpose
of the meeting. The limitations hereof shall not apply to any change in
the
maximum flat charge and basis of the assessments undertaken as an
incident to a
merger or consolidation in which the Association is authorized to
participate
under its Articles of Incorporation.
c)
After
consideration of current maintenance costs and future needs of the
Association,
the Board of Directors may fix a regular flat assessment upon a
monthly,
quarterly, or annual basis at an amount not in excess of the maximum
specified
above.
d) If any Owners should fail to keep
.and maintain properly
the ex- exterior of any building or lot or the exterior of any common
or other
area of said property owned or maintained by said Owner in good
condition, or
if any part of said property becomes damaged or destroyed, then the
Association, after giving said Owner reasonable written notice (by
Certified or
Registered Mail with return receipt requested, quoting a copy of this
paragraph),
may enter upon said property and perform said maintenance and assess
the
reasonable cost thereof to said Owner, such assessment shall be added
to the
regular assessment and become a lien and enforceable in the same
manner.
Disputes concerning the enforcement of this provision and the necessity
of such
maintenance or replacement 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 appropriate jurisdiction.
4.
Special
Assessments for Capital Improvements. In addition to the annual
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 cost of any construction or reconstruction, unexpected
repair
or replacement of a described capital improvement upon the Common
Areas,
including the necessary fixtures and personal property related thereto,
provided that, except for repairs or replacements, any such assessment
for
structural alterations, capital additions or capital improvements
reflecting an
expenditure of in excess of $500.00 shall require the assent of a
two-thirds
(2/3) majority of the votes of each class of members who are voting in
person
or by proxy at a meeting duly called for this purpose, written notice
of which
shall be sent to all members not less than thirty (30) days nor more
than sixty
(60)_days in advance of the meeting setting forth the purpose of the
meeting.
5.
Uniform Rate of Assessment. Both
regular periodic flat charges and any special assessments (except those
levied
pursuant to Paragraph 3(d) above) must be fixed at a uniform rate for
all Dwelling
Units, Lots and Building Sites, and may be collected on an annual,
quarterly,
or monthly basis in the discretion of the Directors; except that
assessments
may be levied applicable to some Lots only with prior consent by the
Owners of
such lots if such procedure is considered equitable in the discretion
of the
Board in order to construct facilities to be available only to the
members
desiring to pay for the cost thereof.
6.
'Quorum For Any Action
Authorized Under Sections 3 and 4. At the
********(Missing
Data see original
above)*********
2. Sharing of Repair and Maintenance. The
cost of reasonable
repair and maintenance of a party wall shall be shared equally by the
Owners
whose Lots abut such wall.
3.
Destruction
by Fire or other Casualty. If a party wall is destroyed or damaged by
fire or
other casualty, any Owner who has used the wall may restore it, and if
the
other owners thereafter make use of the wall, they shall contribute to
the cost
of restoration thereof in proportion to such use, without prejudice,
however,
to the right of any such owners to call for a larger contribution from
the
others under any rule of law regarding liability for negligent or
willful acts
or omissions. The word "use" as referred to herein means ownership of
a dwelling unit or other structure which incorporates such wall or any
part
thereof.
4.
Weatherproofing.
Notwithstanding any other provision of this Article, an owner who by
his
negligent or willful act causes the party wall to be exposed to the
elements
shall bear the whole cost of furnishing the necessary protection
against such
elements.
5.
Right to
Contribution Runs with Land. The right of any owner to contribution
from any
other owner under this Article shall be appurtenant to the land and
shall pass
to such owner's successors in title.
6.
Arbitration.
Any dispute concerning a party wall or any provisions of this Article
shall be
arbitrated. Each party shall choose one arbitrator, and such
arbitrators shall
choose an additional arbitrator, and the decision shall be by a
majority of all
the arbitrators.
7.
Encroachments.
If any portion of a party wall or other part of a building or structure
now or
hereafter constructed upon said property encroaches upon any part of
the Common
Areas or upon the Lot or Lots used or designated for use by another lot
owner,
an easement for the encroachment and for the maintenance of same is
granted and
reserved and shall exist, and be binding upon the Declarant and upon
all
present and future owners of any part of said property for the benefit
of the
present and future owners of such encroaching building or structure for
the
purpose of occupying and maintaining the same; in the event a structure
consisting of more than one dwelling unit becomes partially or totally
destroyed or in need of repair or replacement, mutual and reciprocal
easements
are granted and reserved upon the Common Areas and in and upon each
Dwelling
Unit and Lot for the benefit of the Association-and the adjacent owner
or
owners to the extent reasonably necessary or advisable to make repairs
and
replacements; and minor encroachments resulting from any such repairs
and/or
replacements and the maintenance thereof are hereby granted and
reserved for
the benefit of the present and future owners thereof. The easements for
encroachment
herein granted and
ARTICLE VIII ARCHITECTURAL CONTROL
1.
No building,
fence, wall, hedge, structure, improvement, obstruction, ornament,
landscaping
or planting shall be placed or permitted to remain upon any part of
said
property unless a written. request for approval thereof containing the
plans
and specifications therefor, including exterior color scheme, has been
approved
in writing by a majority of the Architectural Committee or by its
representative designated by a majority of the Committee.
2.
The
Architectural Committee referred to herein shall be composed of John S.
Brandis, Jr., Glenn Ling, J. E. McEldowney and Marc A. Brinkmeyer. 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 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 years. New
members
shall be elected for a term of three years by 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 unexpired term.
3.
No member of the Architectural Committee, however
created, or constituted, shall receive any compensation from the
Association or
make any charge for his services as such.
ARTICLE
IX. EXTERIOR MAINTENANCE
1.
Maintenance of Common Areas and Exterior Maintenance. The
Association shall maintain or provide for the maintenance of the Common
Areas,
and in addition, the Association may, if it so desires, provide
exterior
maintenance upon and for each Lot subject to assessment hereunder,
including,
without being limited to, the following: paint, repair, replace and
care for
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass,
landscaped areas, walks and other exterior improvements. Such exterior
maintenance shall not include glass surfaces. In the event that the
need for
such maintenance or repair is caused through the willful or negligent
act or
omission of the Owner, his family, tenants, guests or invitees, the
cost of
such maintenance or repairs may, in the discretion of the Directors, be
added
to and become a part of the assessment to which such lot is subject,
and a lien
and enforceable in the same manner. Damage caused by fire, flood,
storm,
earthquake, riot, vandalism or other causes other than normal wear from
use and
the elements shall be the responsibility of each owners and not
included in any
maintenance provided by the Association.
Each
owner shall be responsible for maintaining and keeping
in good order and repair the interior of his own dwelling unit.
ARTICLE
X. ' PROPERTY USE RESTRICTIONS
The
following restrictions shall be applicable to the real
property described in EXHIBIT A and shall be for the benefit of and
limitations
upon all present and future owners of said property, or of any interest
therein:
1.
Unless
written approval is first obtained from the Architectural Committee, no
sign of
any kind shall be displayed to public view on any building or building
site on
said property except one professional sign of not more than five square
feet
advertising the property for sale or rent, or signs used by the
developer to
advertise the property during the construction and sales period. If a
property
is sold or rented, any sign rela- ting thereto shall be removed
immediately,
except that the Declarant and only Declarant or its agent may post a
"Sold"
sign for a reasonable period follow ing a sale.
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..
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.
All incinerators or other equipment for the storage of disposal of such
material shall be kept in a clean and sanitary condition. 4.
No noxious
or offensive or unsightly 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 trailer,
camper-truck, tent, garage, barn, shack, or other out-building shall at
any
time be used as a residence temporarily or permanently-e7 on any part
of said
property.
6.
Parking of
boats, trailers, motorcycles, trucks, truck-campers and like equipment,
or.
junk cars or other unsightly vehicles, shall not be allowed on any part
of said
property nor on public ways adjacent thereto excepting only within the
confines
of an enclosed garage, and no portion of same may protect beyond the
enclosed
area except under such circumstances, if any, as
be prescribed by written permit approved by the
Architectural Committee. All other parking of equipment shall be
prohibited
except as approved in writing by the Architectural Committee.
7.
It shall be
the obligation of each Owner of any Lot or Building Site to keep and
maintain
the same, and any building now or hereafter located thereon, in proper
condition,
including the area between his property line and the improved portion
of any
abutting public curb or street, including sidewalks, if any, through an
association of homeowners or otherwise, and to keep and maintain in
good
condition any common areas owned by any such. service association or
other
association..
8.
No owner
shall remove or otherwise alter any plant or tree or any landscaping or
improvement in any Common Area or in any recreational area without the
written
consent of the Architectural Committee.
9.
The records
of the Secretary of the Association, shall be conclusive evidence as to
all
matters shown by such records and the issuance of a certificate of
completion
and compliance by the Secretary or Assistant Secretary of the
Association
showing that the plans and specifications for the improvement or other
matters
herein provided for have been approved, and that said improvements have
been
made in accordance therewith, or a certificate as to any matters
relating to
and within the jurisdiction of the Association by the Secretary
thereof, shall
be conclusive evidence that shall fully justify and protect any title
company
certifying, guaranteeing, or insuring title to said property, or any
portion
thereof, or any lien thereon and/or any interest therein as to any
matters
referred to in said certificate, and shall fully protect any purchaser
or
encumbrancer from any action or suit under this Declaration. After the
expiration of one year following the issuance of a building permit
therefor by municipal
or other governmental authority, any structure, work, improvement or
alteration
shall, as to any purchaser or encumbrancer in good faith and for value
and as
to any title company which shall have insured the title thereof, be
deemed to
be in compliance with all the provisions hereof, unless a notice of
non-compliance executed by the Association shall have appeared of
record in the
office of the County Clerk of Benton County, State of Oregon, or unless
legal
proceedings shall have been instituted to enforce completion or
compliance.
ARTICLE
XI. EASEMENTS
All
conveyances of land situate in the said Property, made
by the Declarant, and by all persons claiming by, through, or under the
Declarant, shall be subject to the foregoing restrictions, conditions
and
covenants, whether or not the same be expressed in the instruments of
conveyance, and each and every such instrument of conveyance shall
likewise be
deemed to grant and reserve, whether or not the same be declared
therein,
mutual and reciprocal easements over and across and under all Common
Areas and
over, across and under all land situate within 5 feet of the side and
rear
lines of each Lot or Building Site now or hereafter recorded or platted
or
conveyed by recorded instrument in said Property (except that the side
and rear
line easement shall be 10 feet along the perimeter of this
subdivision), and excepting
any portion of said property. which may now or hereafter be occupied by
a
residence shall not thereafter be subject to any easement not
theretofore
applied to use, for the purpose of building, constructing and
maintaining
thereon underground or concealed electric and telephone lines, gas,
water,
sewer, storm drainage lines, radio or television cables and other
services now
or hereafter commonly supplied by public utilities or be subject to
reasonable
rules and regulations governing rights of use as adopted from time to
time by
the Directors of the Association in the interests of securing maximum
safe
usage of said property without unduly in-fringing upon the rights or
privacy of
the owner or occupant of any part of said property. (See also casement
for
encroachments specified in Article VII). Provided further !hat if any
two or
more lots or fraction of one or more lots, shall be developed for one
building
as a single tract or building site, then said easements shall
thereafter be
located on the area within five (5) feet of the side and rear lines of
said
building site; if there has been an application. to use of such
easement prior
to development of such lots or fraction of one or more lots to such a
building
site, then, subject to the approval of the Association, such easement
may be
relocated, but any expense involved in moving any sewer or storm lines
or other
utility lines shall be borne by the Owner of the lot or building site,
the
development of which requires movement of such lines; and a further
mutual and
reciprocal easement for sidewalk purposes is granted and reserved over
and
across the front ten (10) feet of each Lot in said property, and over
all
Common Areas in said property, for the purpose of constructing and
maintaining
and repairing sidewalks for the benefit of the residents of said
property,
their tenants and guests, subject however, to rules and regulations
reasonably
restricting the right of use thereof for the safety and welfare of the
public
as may be promulgated from time to time by the Association and/or
public
authority. A corner lot shall be considered to have two front sides for
purposes of this sidewalk easement. The "front" of a Lot shall be
deemed to be only that portion of a lot abutting a public street or
highway,
and the sidewalk easement herein granted and reserved shall not be
deemed to
include a town house lot which abuts a-common area or private road or
driveway only
and does not directly abut a public street or highway.
ARTICLE
XII. GENERAL PROVISIONS'
1.
Enforcement.
The Association, or any Owner, or the owner of any recorded mortgage
upon any
part of said Property, shall have the right to enforce, by any
proceeding at
law or in equity, all restrictions, conditions, covenants,
reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration.
Failure by the Association, or by any Owner to enforce any covenant or
restriction 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 wise affect any other provisions 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 enforceable 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 successive periods of ten
(10)
years. Any of the covenants and restrict-ions of this Declaration
except the
easements herein granted may be amended during the first twenty-five
(25) year
period by an instrument signed by members entitled to cast not less
than
seventy-five percent (1St) of the votes of each class of membership.
Easements
herein granted and reserved shall not be amended except by instrument
signed
and acknowledged by one hundred percent (100%) of the Owners of the
property
affected, the Architectural Committee, by the Planning Commission or by
the
governing body of the County or other public authority having
jurisdiction over
the granting of building permits in said property, and by TIMBER HILL
ACRES
DEVELOPMENT CO., so long as it owns any interest in the real property
referred
to in EXHIBIT B. All such amendments must be recorded in the
appropriate Deed
Records of Benton-County, Oregon,
to be effective. (See also easements for encroachments specified in
Article
VII.)
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 Association any right of reversion or re-entry for breach or
violation
of any one or more of the provisions hereof.
5.
Insurance.
The owner of every building or dwelling unit located upon any part of
said
property shall at all times cause the same to be insured with broad
form fire
and extended coverage insurance for the full replacement value thereof,
and
shall upon request, cause the insurance company to. furnish the
Association
with a certificate showing said insurance to be in effect. If any owner
fails
to furnish the Association with said certificate, the Association may
obtain
(but it shall not be obligated to do so) such insurance with the
proceeds
payable to the owner, any mortgagees, and to the Association as their
respective interests may appear. The Association shall assess the cost
of such
insurance against the owner, and such assessment shall become a lien
and
collectable and enforceable in the same manner as all assessments
provided for
herein.
6.
Benefit of
Provisions; Waiver. The provisions contained in this Declaration shall
bind and
inure to the benefit of and be enforceable by Declarant, the
Association, 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 Association or by any of the property owners or their legal
representatives, heirs, successors or assigns, to enforce any of such
conditions, restrictions or charges herein contained shall in no event
be
deemed a waiver of the right to do so.
7.
Assignment
by Declarant. 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 association evidencing its intent in writing to accept
such
assignment and assume such duties, it shall, to the extent of such
assignment,
have the same rights and powers and be subject to the same obligations
and
duties as are given to and assumed by Declarant herein. All rights of
Declarant
hereunder re-served or created shall be held and exercised by TIMBER
HILL ACRES
DEVELOPMENT CO. alone, so long as it owns any interest in any portion
of said
property.
8.
FHA
Approval. As long as there is a Class B membership, the following
actions will
require the prior approval of the Federal Housing Administration if
there is an
FHA-insured mortgage on any Lot in
said properties:
Annexation of additional properties, dedication of Common Areas, and
amendment
of this Declaration of Covenants, Conditions and Restrictions.
IN
WITNESS WHEREOF, we, the owners of all. property within
said Property, have hereunto caused these presents Vibe executed this
day of
, 1975.
DECLARATION
The,
undersigned, being the mortgagee of the following lots:
PARCEL I: Lots 3 to 15 inclusive and 17 to 20 inclusive, Block 1 and Lot
1,Block 2, and Lots 1 to 5 inclusive, Block 3, TIMBER HILL FIRST
ADDITION.
TOGETHER with that portion of vacated Northwest Arrowood Circle inuring
to said
lots lying adjacent thereto by virtue of Vacation Ordinance dated
November 22,
1971, recorded as M-29164, Microfilm Records of Benton County, in
Timber Hill
First Addition, Benton County, State of Oregon, do hereby declare,
covenant and
agree that those certain protective covenants, conditions, declarations
and
restrictions for Timber Hill First Addition recorded September 8, 1975,
as
Instrument No.53919, M-59084, Microfilm Records of Benton County,
Oregon, shall
constitute the easements, covenants, restrictions and conditions for
the
preceding designated lots in Timber Hill First Addition and shall run
with the
land and shall be binding upon the undersigned and all persons claiming
under
the undersigned.
Benj.
Franklin Federal Savings & Loan Association
Corvallis,
Oregon Real Estate Home
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