Timberhill Professional Park -
Corvallis, Oregon

- Platted in 1982
- 4 lots
- Includes the streets of -  Walnut Boulevard, Kings Boulevard, 25th Street, Roosevelt Drive, 23rd Street
- CCR's (Covenants, Conditions and Restrictions) See Below

- Home Owner Association-

Contact- Not known
Mailing Address- Not known
Phone Number- Not known

Timberhill Professional Park Plat Map-

Timberhill Professional Park Building Styles-

CCR's (Covenants, Conditions and Restrictions)-
Click here to view recorded document

DECLARATION OF COVENANTS, CONDITIONS AND ,RESTRICTIONS FOR
TIMBERHILL PROFESSIONAL PARK

THIS DECLARATION is made this 29th day of April 1982,

By TIMBERHILL ACRES DEVELOPMENT CO. (Developer) and

the undersigned owners of property within TIMBERHILL PROFESSIONAL PARK. 

ARTICLE I Definitions, 

As used in these covenants, the terms set forth below shall have the following meanings:

1.1 "Association" means an unincorporated association of owners to serve as an owners' association as provided in Article V below and its successors and assigns.

1.2 "Developer" means Timberhill Acres Development Co., an Oregon Corporation, and its successors and assigns. 

1.3 "Mortgage" and "Mortgagee" mean, respectively, a recorded mortgage, trust deed or contract of sale which creates a lien against a Parcel, and the holder, beneficiary or vendor of such a mortgage, trust deed or contract of sale. 

1.4 "Owner" shall mean the owner of record, whether one or more persons or entities, of fee simple title to any Parcel, including contract purchasers and approved lessees, but excluding those having such interest merely as security for the performance of an obligation.

1.5 "Parcel" moans any platted or unplatted lot, or any other division of land into a separate ownership or lease-hold estate.

1.6 "The Properties" means the initial development as described in Section 2.1 below.

1.7 "Sold" means that legal title has been conveyed, that a contract! sale has been executed under which the purchaser has obtained the right to possession, or that the entire remaining ground lease has been conveyed.

1.8 "These Covenants" means the protective covenants, conditions and restrictions set forth in this declaration with respect to the Properties as the same may be amended or supplemented from time to time in accordance with the provisions of this declaration.

1.9 "Ground Lessees' means a person who has a ground lease for an initial term in excess of 19 years duration shall be considered an owner for the term of the lease and absent an agreement to the contrary between the lessor and lessee the lessee shall have the voting rights of owner.

ARTICLE II

Property Subject to these Covenants 

2.1 Initial Development. Developer and the undersigned Owners hereby declare that all of the real property described in Exhibit A attached hereto is owned and shall be owned, conveyed, hypothecated, encumbered, used, occupied and improved subject to these Covenants.

ARTICLE III
Property Rights

3.1 Use and Occupancy. The Owner of a Parcel in the Properties shall be entitled to the exclusive use and benefit of such Parcel, except as otherwise expressly provided in these Covenants, but his Parcel shall be bound by and he shall comply with the restrictions contained in these Covenants.

3.2 Special Conditions and Easements Reserved. In addition to any utility and roadway easements shown on any recorded plat, Developer and the undersigned Owners hereby reserve the following special conditions and easements for the benefit of Developer, the Owners and the Association:

(a) Right of Entry. Developer and any representa­tive of the Association authorized by it may at any reasonable time and from time to time at reasonable intervals enter upon any Parcel within the Properties for the purpose of determining whether or not the use and/or improvements of such Parcel are then in compliance with these Covenants. No such entry shall be deemed to constitute a trespass or otherwise to create any right of action in the Owner of such Parcel.

(b) Utilities. All utilities and common roadways as provided for on the plat designed and constructed within Timberhill Professional Park will comply to the applicable standards of the regulatory agency having jurisdiction and may be used by the Developer and property owners.

(c) Signage. All signage shall be in accordance with applicable regulations and ordinances of the City of Corvallis. Should the Association approve a common entrance sign to the development, the Association shall be responsible for its location and maintenance.   

ARTICLE IV
Use Restrictions

4.1 Use. The Properties shall be used exclusively for business and professional offices, medical and dental clinics, or professional centers and related type uses.

4.2 Maintenance. Improvements on each Parcel shall be maintained in a clean and attractive condition, in good repair and in such a fashion as to not create a fire hazard.

4.3 Appearance. All garbage, trash, cuttings, refuse, garbage and refuse containers and other service facilities within Private Areas shall be screened from view. 

4.4 Offensive Activities. No offensive or unlawful activities shall be carried on in any Parcel or Private Area.

4.5 Association Rules and Regulations. The Association board of directors from time to time may adopt, modify or revoke rules and regulations governing the operation and use of the Parcels as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Properties. The rules and regulations may be modified by a vote of not less than 60 percent of the voting power of the Association. The members of the Association shall be notified at least 30 days prior to the vote on any such amendment. A copy of the rules and regulations, upon adoption, and a copy of each amendment, modification or revocation thereof shall be delivered by the Association board of directors promptly to each Owner and shall be binding upon all Owners and occupants of all Parcels from the date of delivery. 

4.6 Jurisdiction. The Association board of directors shall have exclusive jurisdiction over activities prohibited by these Covenants. All disputes, complaints or matters of change in existing or future use restrictions shall be submitted to the Association board of directors for arbitration.

ARTICLE V Association

Developer shall organize an association of all of the Owners. Such Association, its successors and assigns, shall be organized under the name "Timberhill Professional Park

Owners Association" or such similar name as Developer shall designate, and shall have property, powers and obligations. as are set forth in these covenants for the benefit of the property and all Owners of property located therein.

5.1 Organization. Timberhill Professional Park owners' association shall be an unincorporated association. The initial board of directors of the association shall be composed of Harry Teel, John S. Brandis, Jr. and Dennis I. Hedges. The initial board of directors shall meet and adopt the initial bylaws of the association which, among other things, shall provide for the number, new term and manner of election of the permanent board of directors. The initial board of directors shall hold office until their successors are elected and qualified.

5.2 Membership. Every Owner of a portion of the Properties shall, during the entire period of such Owner's ownership of a portion of the Property, be a member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership, shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership.

5.3 Voting Rights. The Association voting rights shall be as follows:

Ea-h member shall be entitled to one vote for each square foot of property owned within Timberhill Professional Park. Land owned as a part of an easement for road purposes shall not be counted in determining voting rights. Owners may elect to have their voting rights under these covenants exercised by the officers or directors of any association of which they are a member.

5.4 Powers and Obligations. The Association shall have, exercise and perform all of the following power, duties and obligations:

(a) The powers, duties and obligations granted to the Association by these Covenants.

(b) All statutory authority granted to owners associations.

(c) Any additional or different powers, duties and obligations necessary or desirable for the purpose of carrying out the functions of the Association pursuant to these Covenants or other-wise promoting the general benefit of the Owners within the Properties.

The powers and obligations of the Association may from time to time be amended, repealed or restricted by changes in these Covenants made in accordance with the provisions herein, accompanied by changes in the bylaws of the Association.

5.5 Liability. Neither the Association nor any officer or member of its board of directors shall be liable to any Owner for any damages, loss or prejudice suffered or claimed on account of any action or failure to act by the Association, any of its officers or any member of its board of directors, provided only that the officer or board member has acted or failed to act in good faith in accordance with the actual knowledge possessed by him.

ARTICLE VI Service and Assessments

6.1 Duties of Association. The Association, through its board of directors, shall exercise the following powers and responsibilities:

(a) Maintain or provide for the maintenance of the access roadway as established on the plat and all improvements, facilities and utilities located thereon.

(b) Enforce the provisions of these Covenants and the rules and regulations of the Association.

(c) Levy and collect all, charges and assessments levied pursuant to these Covenants.

(d) Provide such additional services to the Properties as the board of directors deems to be of general benefit to the Owners.

6.2 Method of Assessment. The board of directors of the Association shall from time to time and at least annually prepare an operating budget for the Association, taking into account the current maintenance costs and future needs of the Association. The board of directors may assess assessments upon a monthly, quarterly or annual basis to each Parcel. Assessments shall be allocated among Parcels based upon the square footage of the Parcel compared to the total square footage of all Parcels subject to assessment. If any Parcel is owned in common by the Owners of other Parcels, the square footage of such Parcel shall be allocated to each Parcel having the right to use the same in accordance with the proportion of ownership. The board of directors may establish one or more trust funds for the maintenance, repair or replacement of specific items, in which case the board may designate part of the regular assessment or establish separate assessments for such purposes. The board shall advise each Owner in writing of the amount of assessments payable by him and shall furnish copies of each budget to all Owners and, if requested, to their mortgagees. 

6.3 Capital Improvement Assessments. The Association may elect to purchase, construct or otherwise acquire addi­tional equipment, facilities or other capital improvements for the general use and benefit of all the members of the Association and for that purpose may impose a special assessment to be called a "Capital Improvement Assessment." Any such assess­ment shall be levied against the Parcels on the same basis as common expenses are allocated under Section 6.2 above. Any action by the Association pursuant to this section all be effective only if approved by the Association board of directors and by the vote or written consent of not less than 75% of the voting power of membership.

6.4 Maintenance Fund. The Association shall keep all funds received by it as assessments, together with any other funds received by it pursuant to these Covenants which are by the terms of these Covenants to be deposited in the Maintenance Fund, separate and apart from its other funds, in am account to be known as the "Maintenance Fund". The Association shall use such fund exclusively for the purpose of promoting the health, safety, and welfare     the residents of the Properties and in particular for the maintenance of the properties, services and facilities devoted to this purpose and related to the use of the access roadway and of the Parcels" Including but not limited to payment of the cost of carrying out the functions listed in Section 6.1 above.

6.5 Roster. The board of directors shall cause to be prepared a roster of the Parcels showing assessments applicable to each Parcel. The roster shall be kept in the Association office and shall be subject to inspection by any owner or mortgagee during regular business hours. Upon demand the board of directors shall furnish to any Owner or mortgagee a certificate in writing setting. forth whether the assessments on such Owner's Parcel have been paid.

6.6 Annual Accounting. Within 60 days following the close of each calendar or fiscal year, the Association board of directors shall render to each Owner an accounting which shall set forth the amount and source of all income received into the Maintenance Fund and all disbursements from the fund during the previous year, together with a statement of the assets and liabilities of the Maintenance Fund at the close of the last year. The records of the fund will be maintained at the office of the Association and shall be available to inspection and review by an Owner or by an officer of the Association at any reasonable time during normal business hours.

6.7 Creation of Lien and Personal Obligation of Assessments. Developer and the undersigned Owners for each Parcel owned by them within the Properties do hereby covenant, and each Owner of any Parcel by acceptance of a conveyance thereof, whether or not so expressed in any such conveyance, shall be deemed to covenant to pay to the Association all assessments or other charges as may be fixed, established and collected from time to time in the manner provided in these Covenants. Such assessments and charges, together with any interest, expenses or attorney's fees imposed pursuant to these Covenants, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment or charge is made, all as provided in Article VII below. Such assessment, charges and other costs shall also be the personal obligation of the person who was the Owner of such Parcel at the time when the assessment or charge fell due. Such liens and personal obligations shall be enforced in any manner set forth in Article VII below. 

ARTICLE VII Enforcement

7.1 Default in Payment of Assessments; Enforcement of Lien. If an assessment or other charge levied under these Covenants is not paid within 30 days of its due date, such assessment or charge shall become delinquent and shall bear interest at the rate set forth below. The president or sec­retary of the Association shall file in the office of the county clerk or recorder in the county in which the Parcel is located a notice of lien stating the amount of the delinquent assessments, together with interest, expenses and attorney's fees as provided in Section 7.3 below, and upon payment in full thereof shall execute and file a proper release of such lien. Such sum shall constitute a lien upon such Parcel from the date of filing of notice of delinquency until the date the lien is released, and the Association may enforce such lien in the manner provided by law with respect to a lien on real property. In addition, the Association may bring an action at law to enforce payment of a delinquent assessment or charge against the Owner personally obligated to pay the same, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation until a lien is filed and shall not pass to his successors in title unless expressly assumed by them. The obligation to pay any assessments accruing after the filing of a lien shall pass with the Parcel and shall also become the personal obligation of the successors in title thereto.

7.2 Subordination of Lien to Mortgagees. The lien of the assessments or charges provided for in these Covenants shall be subordinate to the lien of any mortgage or deed of trust on such Parcel which was made in good faith and for value and which was recorded prior to the recordation. of the notice of lien. Sale or transfer of any Parcel shall not affect the assessment lien, but the sale or transfer of any Parcel which is subject to any mortgage or deed of trust pursuant to a decree of fore-closure there under or any deed or proceeding in lieu of fore-closure shall extinguish any lien of an assessment which became a lien prior to such sale or transfer. Such sale or transfer, however, shall not release the unit from liability for any assessments or charges thereafter becoming due or from the lien for such assessments or charges.

7.3 Interest; Expenses and Attorney's Fees. Any amount not paid to the Association when due in accordance with those Covenants shall bear interest from the due date until paid at a rate three percentage points per annum above the prevailing Portland, Oregon prime rate at the time, but not to exceed the lawful rate of interest under the laws of the State of Oregon. In the event the Association or any Owner shall bring any suit or action to enforce these Covenants, or to collect any money due hereunder, or to foreclose a lien, the Owner-defendant shall pay to the plaintiff all costs and expenses incurred by it in connection with such suit or action, ;including a foreclosure title report, and the prevailing party in such suit or action shall recover such amount as the court may determine to be reasonable as attorney's fees at trial and upon any appeal thereof.

7.4 Nonexclusiveness and Accumulation of Remedies. An election by the Association to pursue any remedy provided for violation of these Covenants shall not prevent concurrent or subsequent exercise of another remedy permitted hereunder. The remedies provided in these Covenants are not exclusive but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specific performance, available under applicable law to the Association or the Owners. Each Owner in his individual capacity shall have the right to enforce these Covenants.

ARTICLE VIII
Miscellaneous Provisions

8.1 Amendment and Repeal. These Covenants or any provision thereof, as from time to time in effect with respect to all or any part of the Properties, may be amended or repealed by the vote or written consent of Owners owning not less than 75t of the voting power of membership. Any such amendment or repeal shall become effective only upon recordation of a certi­ficate of the president or Secretary of the Association setting forth in full the amendment, amendments or repeal so approved, and certifying that said amendment, amendments or repeal have been approved in the manner required by these Covenants.

8.2 Duration. These Covenants shall run with the land and shall be and remain in full force and effect at all times with respect to all property included within the Properties and the Owners thereof for an initial period of 30 years commencing with the date on which this document is recorded. Thereafter, these Covenants shall continue to fun with the land and be and remain in full force and effect at all times with respect to all property within the Properties and the Owners thereof for suc­cessive additional periods of 10 years each. The continuation from the initial or, any additional period into the next subse­quent period shall be automatic and without the necessity of any notice, consent or other action whatsoever; provided, however, that these Covenants may be terminated at the end of the initial or any additional period by resolution approved not less than six months prior to the intended termination date by the vote or written consent of Owners owning not less than 75t of the voting power of the Association. Any such termination shall become effective only if a certificate of the president or secretary of the Association, certifying that termination as of a specified termination date has been approved in the manner-required herein is duly acknowledged and recorded in the Deed Records of Benton County, Oregon, not less than six months prior to the intended termination date.

8.3 Joint Owners. In any case in which two or more persons share the ownership of any Parcel, regardless of the form of ownership, the responsibility of such persons to comply with these Covenants shall be a joint and several responsibility and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest; provided, however, that in the event such persons disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to a pending matter, any such person may deliver written notice of such disagreement to the Association, and the vote or right of consent involved shall then be disregarded completely in determining the pro-portion of votes or consents given with respect to such matter.

8.4 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Properties under rights derived from an Owner shall comply with all of the provisions of these Covenants restricting or regulating the Owner's use, improvement or enjoyment of his Parcel and other areas within the Properties. The Owner-shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner himself.

8.5 Construction; Severability; Number; Caption. These Covenants shall be liberally construed as an entire document to accomplish the purposes thereof as stated in the introductory paragraphs hereof. Nevertheless, each provision of these Cove­nants shall be deemed independent and severable, and the invali­dity or partial invalidity of any provision shall not affect the validity. or enforceability of the remaining part of that or any other provision.

As used herein, the singular shall include the plural and the plural the singular, and the masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of these covenants.

8.6 Notices and Other Documents. Any notice or other document permitted or required by these Covenants may be de-livered either personally or by mail. Delivery by mail shall be deemed to be delivered when deposited in the United States mail, with postage prepaid, addressed as follows: If to Developer, to Dennis I. Hedges, P.O. Box 1056, Corvallis, Oregon 97339; if to the Association, to the principal office of the Association; if to an Owner, at the address given by him at the time of his purchase of a Parcel, or at his Parcel. The address of a party may be changed by him at any time by notice in writing delivered as provided in this section.

IN WITNESS WHEREOF, Developer and the undersigned Owners have executed these Covenants this 29 day of 1982.