Timberhill 5th
Addition -
Corvallis,
Oregon
- Platted in 1990
-
42 home lots
- Includes the streets of - Sitka
Place, Honeysuckle Drive, Boxwood Drive
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill 5th
Addition Plat Map-Timberhill
5th Addition Home Styles-
PROTECTIVE
COVENANTS,
CONDITIONS, EASEMENTS, DECLARATIONS AND RESTRICTIONS
for
TIMBERHILL 5TH ADDITION
WHEREAS,
the undersigned Declarant is the owner of certain
real property in the County of Benton, State of Oregon, hereinafter
referred to
as "property" more particularly described as follows:
TIMBERHILL FIFTH ADDITION which is
platted in Book , page ,
official plats of Benton County, Oregon.
WHEREAS, Declarant desires to subject
said property to
certain protective covenants, conditions, restrictions, reservations
and
easements, for the benefit of the 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 which are for the purpose of enhancing and protecting the value,
desirability and attractiveness of the property. These easements,
covenants,
restrictions, conditions and reservations shall constitute covenants to
run
with the land and shall be binding upon all persons claiming under
them. These
conditions, covenants, restrictions, easements and reservations shall
inure to
the benefit of and be limitations upon all future owners of the
properly and
upon 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
there
from but shall not include the eaves of such structures, nor uncovered
front
porches or steps;
2.
"Property" shall mean
and refer to that certain real property herein before described and
such
additions thereto as may hereafter be added;
3.
"Lot" shall mean and
refer to any plot of land shown upon any recorded subdivision map of
the
properties with the exception of public access or drainage ways, 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.
4.
"Owner" shall mean and
refer to the record owner (including contract sellers), whether one or
more
persons or entities, of all or any part of said properly, excluding
those
having such interest merely as security for the performance of an
obligation;
5.
"Declarant" shall mean
and refer to the undersigned, their successors, heirs and assigns, if
such
successors, heirs or assigns should acquire all remaining unsold and
undeveloped lots or building site from the Declarant for the purpose of
development;
6.
"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;
7.
"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
DRAINAGE WAY. OPEN SPACE & PUBLIC WALKWAY
The title to the Drainage Way Open
Space Tract
"A", “B”, "C" and "D" has been dedicated to the
City of Corvallis and the use of such areas will be subject to the
rules and
regulations of the City of Corvallis. The City of Corvallis will not
landscape
or maintain in a groomed condition either Parcel "A", "B",
"C' or "D". Owners of Block 1, Lots 6 & 7 and Block 2 Lots 7,
8, 9 & 10 will be responsible for landscaping and maintaining
as a part of
their yard the area adjacent their property up to the permanent public
walkway
in Tract "A".
Owners of Block 4, Lots 1,2, 3,4,5,
& 6 and Block 5, Lot
5 may maintain the vegetation adjacent their property up to the
drainage
channel in tract "B" & "D" respectively. Owners of the
above mentioned lots shall not prohibit In any way the public's access
to any
portion of Tracts "A",”B”, "C" or "D". Fences or
shrubbery or any other means of restricting access in any way is
prohibited.
ARTICLE III
ARCHITECTURAL REVIEW COMMITTEE
1. Purpose: It
is
desirable to maintain uniform standards of design, quality of
workmanship and
landscaping for the homes to be built and maintained in Timberhill
Fifth
Addition. Uniform standards of design, quality of workmanship and
landscaping
protect the interests of each owner in maintaining and increasing the
value and
enjoyment of that owner's lot. It is not, however, feasible to set
forth a
comprehensive list of requirements for constructing and maintaining
homes in
this development. An Architectural Review Committee is, therefore,
established,
the purpose of which is to review and approve the design and quality of
workmanship and landscaping for all homes to be built in Timberhill
Fifth
Addition. The Architectural Review Committee will make the
determinations based
on the following policy guidelines as well as the specific restrictive
covenants set forth in this declaration.
2. Policy Guidelines:
a. Nature of Timberhill Fifth
Addition lends itself to
quality designed and constructed homes, constructed by builders who
have
demonstrated their ability and willingness to design and construct
quality homes.
b. It is of benefit to each owner
that each lot in the
development be developed with a home
e. That unusual fences, outbuilding
and other additions may
tend to detract from the enjoyment and the value of each owners
interest in his
lot.
f. That it is desirable to preserve
as much of each lot
owner's view as is reasonably possible under the circumstances
3.
The Committee: The Architectural
Review Committee referred to herein shall be composed of John S.
Brandis, Jr.,
Mary Morris, and Dennis I. Hedges. Its decision shall be final and
binding;
however, applications may be resubmitted. Upon failure of the Committee
or its
designated representative to approve or disapprove any application for
a period
of thirty (30) days after it has been submitted in writing, in
duplicate, to
the Chairman of the Committee or his designated representatives, 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 three
(3) years
by majority vote of the members of the Architectural Review Committee-
If any
member of the Committee is unable or unwilling to act, the remaining
members
shall elect a successor to serve out the unexpired term.
No member of the Architectural Review
Committee, however
created, or constituted, shall receive any compensation from the
Committee or
make any charge for his services as such.
By majority vote of the members of
the Architectural Review
Committee, the number of members on the Committee may be increased.
4.
Approval: Construction may not
begin on building, landscaping, or exterior remodeling of any home,
outbuilding, or fence unless a request for approval has been submitted
to the
Architectural Review Committee in duplicate and has been approved in
writing by
a majority of the Committee Requests for approval of exterior
remodeling shall
contain a copy of the plans and specifications. A request for approval
of any
landscaping plans shall contain a sketch of the proposed landscaping. A
request
for approval of construction of any fence, screen, or gate shall
contain a
sketch. Requests for approval prior to construction of any home or
outbuilding
must contain the following:
a.
Copy
of blueprints.
b. Indication of
roof pitch (minimum of 5/12).
c.
House-to-lot orientation plan.
d.
Elevations: (1) curb to garage
floor and distance
(2) curb to
first
floor
(3) highest
point
of natural ground at building line to highest ridge point
e.
An indication of what trees or
shrubs will be removed or moved during construction.
f.
Color and type of exterior
siding. Includes paint or stain colors to be used.
g.
Color and type of roofing
material.
Upon receipt of the request in
writing accompanied by the
required information, the Architectural Review Committee shall have 30
days to
review the materials and to advise the applicant of its decision in
this
regard. All construction, landscaping and exterior remodeling will
comply with
the specific property use restrictions set further in paragraph V below.
ARTICLE IV
SPECIFIC PROPERTY USE RESTRICTIONS
- Signs: Unless written
approval is first obtained from the Architectural Review Committee, no
sign of any kind shall be displayed to public view on any building or
building site on the property except one professional sign of not more
than five square feet of surface advertising the property for sale or
rent, or signs used by the developer to advertise the property during
the construction and sales period including an entry sign (s)
permanently placed at the entrance by the Declarant. If a property is
sold or rented, any sign relating thereto shall be removed immediately,
except that owners or their agent may post a "Sold" sign for a
reasonable period following a sale.
- Animals: No animals,
livestock or poultry of any kind shall be raised, bred, or kept on any
pan 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.
- Waste: 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
or disposal of such material shall be kept ;in a clean and sanitary
condition.
- Offensive Conditions: 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.
- Other Occupancies: No
trailer, camper-truck, tent, RV., garage, barn shack, or other
outbuilding shall at any time be used as a residence, temporarily or
permanently, on any part of the property.
- Parking:
Parking of boats, trailers, motorcycles, trucks, junk cars or other
equipment of a type not normally used for family transportation shall
not be allowed on any part of the said property nor on public ways
adjacent thereto except only within the confines of an enclosed garage
and no portion of the same may project beyond the enclosed area. The
term "of a type not normally used for family transportation" includes
campers, other vehicles and other equipment primarily used for camping
recreation, or overnight accommodations.
- Maintenance: Each owner
shall be responsible for maintaining and keeping in good order the
condition and repair of the exterior of that owner's dwelling unit, of
the lot, and of the landscaping on the lot. No owner shall remove or
otherwise materially alter any shrub or tree or make any material
changes in landscaping without first obtaining written consent of the
Architectural Review Committee. Each owner shall insure that no tree,
shrub, or landscaping unreasonably interferes with the view of other
lot owners. In the event that any owner fails to comply with the
condition of this paragraph, in addition to any other remedies, the
Architectural Review Committee may perform the required maintenance and
bring legal action against the owner of the lot to recover the cost of
the maintenance performed.
- Insurance: Each owner
shall maintain a suitable policy of casualty and liability insurance
upon his dwelling and lot. In the event that any house, outbuilding, or
fence is damaged through casualty loss, each owner shall repair and
restore such property as soon as is reasonably practical under the
circumstances but not in any event to exceed one (1) year from the date
of loss.
- Landscaping: Each owner
shall maintain the grass, shrubs, trees, and other landscaping on the
lot in good condition. No owner shall remove or otherwise materially
alter any shrub or tree or make any material changes in landscaping
without first obtaining written consent of the Architectural Review
Committee. Each owner shall insure that no tree, shrub, or other
landscaping unreasonably interferes with the view of other lot owners.
Owners will have (1) year from dare occupancy permit is issued to
complete landscaping of yard.
- Utilities: AU utilities
such as water, sewer, gas, telephone, power, and television lines are
to be under ground. Visible antennas of any kind shall not be permitted.
- Construction: Homes shall
be constructed only by builders or persons who have been approved by
the Architectural Review Committee.
12.
Mail Box Stands:
To be furnished and maintained by post
office. Location is determined by local U.S Post Office officials
13.
Building Materials and
Conditions All building materials must be approved by the Architectural
Review
Committee before being used either in new construction or exterior
remodeling.
The following specific restrictions on building materials and
conditions shall
likewise apply:
a. Each owner
must Install sidewalks according to the Timberhill Master Sidewalk Plan.
b. Roofing
materials are limited to the following:
(1)Cedar
shakes or shingles
(2)Tile or
state or comparable material
(3)Heavy
weight
composition shingles (340 pounds per 100 square feet minimum). Both
brand and
color must be approved by the Architectural Review Committee. The roof
shall
have a minimum pitch of 5/12.
c. Each owner
of a single family dwelling shall build as a minimum, a double car
garage.
d. Mill finish
aluminum frame windows shall not be used.
e. In the
event that any construction activity has made any change or alteration
in any
open areas, the owner will restore the open area to its natural state
following
completion of construction. All lots adjacent to open space drainage
ways,
Tracts "A'', '13", or "C" must limit the height of their
fences to 3' if erected within 20 feet of the property line bordering
the
drainage.
f. Only high
quality wood, brick, stone, or approved architectural exterior finish
products
and colors may be used and must be approved by the architectural
control
committee. This includes paints and stains.
g. Each lot
shall be graded to allow for natural drainage runoff and each owner
will
provide drainage systems as necessary to properly drain surface water.
14.
Fences: To insure an
attractive community, no fences, screen, gate or similar structure may
be
placed on any lot unless the following requirements are satisfied:
1. Any fence,
screen gate or similar structure must have in advance of construction
approval
in writing of the Architectural Control Committee (as required by
Article III,
paragraph 4).
Items to be
submitted for approval Include:
-Type of
construction (design sketch)
-Plot, plan of
area (layout)
-Height,
materials and color
2
Fencing&
screens and gates are limited to the rear half of the property with
height
limit of 6 feet.
3. All fences
(built) within 20 feet of any property line which borders open space
drainage
ways tracts .4, B, or C are limited to 3' in height.
In
an attempt to encourage trees,
bushes and shrubs for privacy screening and still provide secure area
for
children and pets, without creating an unpleasant looking barricaded
community,
the following guidelines have been established:
1. Quality
woods with natural earth tones are recommended.
2. Fences
located off the property line used for screening will be encouraged,
such as
area around patio.
3. Fences
broken with vegetation screen will be encouraged.
15. Existing Oak Tree: The owner of
Block 4, Lot 6 should be
aware that trenching for sprinklers or drainage, excessive watering or
excessive use of herbicides in the root area of the large existing Oak
Tree
could cause serious harm to the tree.
16. Solar Access: Property owners
should be aware that solar
access to their property is not assured without obtaining a Solar
Access permit
from the City of Corvallis. Property owners are encouraged to select
solar
friendly trees for landscaping.
ARTICLE V
ADDITIONAL EASEMENTS
Each and every lot in the property
shall be subject to the
following restrictions, conditions, easements 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
these
matters:
a.
Utility Easements: A mutual and
reciprocal easement over and across and under all open areas and over,
across
and under all land situated 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 the property (except that the side and rear line
easement shall be 10 feet along the perimeter of this subdivision) 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 municipal corporations, all of said
easements
shall be for the benefit of all present and future owners of the
property.
Provided
further that 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 line 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 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.
- Sidewalk Easements: A
further mutual and reciprocal easement for sidewalk purposes is granted
and reserved over and across the front ten (10) feet of each and every
lot in the property, for the purpose of constructing and maintaining
and repairing public sidewalks. A comer 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.
ARTICLE VI.
GENERAL PROVISIONS
1. Enforcement: Enforcement of any
violation of these covenants,
conditions, easements, declarations and restrictions shall be by
proceedings at
law or in equity against any person or persons violating or attempting
to
violate any covenant, condition, easement, declaration or restriction
hereof
and shall include, but not be limited to, injunctive relief, damage, or
both.
Enforcement proceedings against any violation or breach of these
covenants and
restrictions may be initiated by any owner, any owner of any recorded
mortgage
upon any part of the property, by the Architectural Review Committee,
provided
that person or agency can show that their interests arc adversely
affected to
some material degree by such breach or violation. The failure by such
person or
agency to enforce any covenant or restriction herein contained shall in
no
event be deemed a waiver of .he 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 provisions
which shall
remain in full force and effect.
3.
Amendments: The covenants and restrictions of this declaration shall
run with
and bind the land for a term of 25 years from the date this declaration
is
recorded, after which time, said covenants and restrictions shall by
automatically extended for successive periods of 10 years. Any of the
covenants
and restrictions of the declaration, except the easements herein
granted, may
be amended by either of the following procedures:
a. By
written instrument signed by 75% of the then owner of the lots.
b. in the
event any provision of there covenants and restrictions inflicts an
unreasonable hardship upon any title holder or the land herein
protected, such
provision may by waived or modified by a majority of the Architectural
Review
Committee, provided, however, that such action does no defeat the
purpose and
intent of these covenants and restrictions and provided further that
such
waiver of modification has the prior written approval of the then
owners of all
the lots directly affected thereby. Easements herein granted in reserve
shall
not be amended except by instrument signed and acknowledged by 100 of
the then
owners of the property affected, and by the Architectural Review
Committee.
4.
Assignment by Declarant: Any or all rights, powers, and reservations of
Declarant herein contained may be assigned to any other corporation or
association which is now organized or which may hereafter by 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 as are given to and assumed by Declarant herein. All
right
of Declarant hereunder reserved or created shall be held and exercised
by
Evelyn F. Brandis, John S. Brandis, Jr., Trinity O. Lind, and Susan B.
Decker,
so long as he/they owns any interest in any portion of the property.
In Witness Whereof, we, the owners of
all property within
the property, have hereunto caused these presents to be executed this 13th
day of September, 1990
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