Timberhill Southeast 2nd Addition -
Corvallis, Oregon

- Platted in 1978
- 88 home lots
- Includes the streets of -  Walnut Boulevard, Garryanna Drive, Rolling Green Drive, Snowberry Place, Larkspur Place, Bluebell Place, Jonquil Place, Lupine Place
- CCR's (Covenants, Conditions and Restrictions) See Below

- Home Owner Association-

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

Timberhill Southeast 2nd Addition Plat Map-

Timberhill Southeast 2nd Addition Home Styles-

CCR's (Covenants, Conditions and Restrictions)-
Click here to view recorded document #1

Click here to view recorded document #2

PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS,
DECLARATIONS AND RESTRICTIONS

for

TIMBERHILL SOUTHEAST SECOND ADDITION

BENTON COUNTY, OREGON

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 SOUTHEAST SECOND ADDITION which is platted in Book            8, page 75 .

 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 property and upon any interest therein:

ARTICLE I. DEFINITIONS

Whenever used in this Declaration, the following terms shall have the following meanings:

I. "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. "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 re-corded 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 suoh lots and/or contiguous portions of two or more conti­guous lots and upon which a dwelling has been constructed and occupied. Individual lots are defined as follows:

"Regular Lots": Single family detached houses sharing nothing in common and having no dependence upon neighboring lots.

"Cluster Lots": Single family detached houses sharing a common drive.

"Zero Lot Line Lots": Single family lots that may allow a house to be constructed with one or more side yard set backs eliminated, providing potential or allowing for (2) units to be joined sharing a common wall.

"Multi-family Lots": Lots which allow rental or owner occupied units at density approved by planning commission.

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 property, 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 more than one undeveloped lot 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. COMMON AREAS

The title to all common areas has been dedicated to the City of Corvallis and the use of such common areas will be subject to the rules and regulations of the City of Corvallis. Any owner of this property, and any owner of any other property in the greater Timberhill residential area, shall have the non-exclusive right of ingress and egress over, across, and on any walkway, pathway, bikeway, or other passageway established to, from or upon the common areas. Such right of enjoyment to the common areas and facilities may be delegated by any owner to such members of his family, tenants, or contract purchasers as actually reside upon the property.

ARTICLE III.
DRIVEWAY EASEMENTS

1. Purpose. The purpose of these easements is to provide space for normal pedestrian and vehicle access to and from certain single family dwellings to be erected upon lots in a cluster as depicted on the above referenced plat. And, further, to provide an adequate method for construc­tion and maintaining these ways for all properties concerned.

2. Affected Lots. The following clusters of lots will be affected by the easements:

a. Lots (3), 4, (5) and 6, Block 3, a group of four cluster lots.

b. Lots (8-A) and (8-B), Block 3, zero lot line lots.

c. Lots 1, (2), (3) and 4, Block 5, a group of four cluster lots

d. Lots 1, (2), (3) and 4, Block 9, a group of four cluster lots

e. Lots 5, (6), (7) and 8, Block 9, a group of four cluster lots

3. Easement. Those lots numbered above which have been placed in paren­theses are "Grantor" lots, and each Grantor lot grants to all other lots within the respective cluster of lots that strip of land which extends from the street right-of-way to and into the main portion of the Grantor lot as depicted in the above referenced plat.

4. Conditions. That these easements will be permanent, non-exclusive appurtenant easements and subject to the following conditions.

a.. The owner of each lot subject to this easement as a condition of owning or accepting title to each lot agrees that he shall share in the prorated costs of construction, repair, maintenance and landscap­ing of the way and of the driveway apron, which is within the public street right-of-way.

b. Each lot in a cluster of four lots shall be responsible for one-quarter of the cost of construction, repair, maintenance and land­scaping of the way. Each of the two zero lot line lots shall be re­sponsible for one-half of the cost of construction, repair, maintenance and landscaping of the way.

c. The decision to repair or maintain or landscape the way shall be made by the owners of any two lots in any of the above-described cluster of four lots and by the owner of either lot 8-A or 8-B in the zero lot line lots as described above.

d. In the event the owner-occupant of any one lot is responsible for damage to the way by virtue of any unusual or careless use of the way, the owner of that lot shall be solely responsible for the cost of repairing the damage caused by that use.

e. Any dispute concerning responsibility for or cost of repairing, maintaining and landscaping the ways shall be arbitrated. In the event the lot owners cannot agree, each lot owner in the appropriate group of lots shall choose one arbitrator and such arbitrator shall choose an additional arbitrator and this decision shall be by a majority of all the arbitrators.

ARTICLE IV. PARTY WALLS

1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the properties and placed on or immediately adjacent to the dividing line between the lots owned by different persons shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence of willful acts or omissions shall apply thereto.

2. Sharing of Repair and Maintenance. The Cost of reasonable repair and maintenance of 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, an owner who has used the wall may re-store 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, with-out prejudice, however, 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 of 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 he binding upon the Declarant and upon all present and future owners of any part of the 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 adjacent owner or owners to the extent reasonably necessary or advisable to make repairs and replacements; and minor encroachments resulting from any such repair% 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 reserved shall run with the land.

ARTICLE V. ARCHITECTURAL CONTROL 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 Southeast Second 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, quality of workmanship and landscaping for all homes to be built in Timberhill Southeast Second 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 Southeast Second 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 as soon as reasonably possible.

c. That uniformity of construction, styles, and construction materials is desired to maintain the quality of the development.

d. That well-landscaped lots will add significantly to the value of each and every owner's interest in lots in the development.

e. That unusual fences, out buildings and other additions may tend to detract from the enjoyment and the value of each owner's interest rive to approve or disapprove any application for a period of (not ledgible)  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 Association or make any charge for his services as such.

By majority vote of the members of the Architectural Review Committee, the numbers 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 that Committee or by a representative designated 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 most contain the following:

a. Two Copies 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 print or stain colors to be used.

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 VI below.

ARTICLE VI.
SPECIFIC PROPERTY USE RESTRICTIONS

1. 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. If a property is sold or rented, any sign re­lating thereto shall be removed immediately, except that the Declarant and only Declarant or its agent may post a "Sold" sign for a reasonable period following a sale.

2. Animals: 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 commercial purpose.

3. 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 of disposal of such material shall be kept in a clean and sanitary condition.

4. 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.

5. Other Occupancies: Nu Trailer, camper-truck, teat, garage, barn, shack, or other outbuilding shall at any time be used as a residence, tempo­rarily or permanently, on any part of the property.

6. Walnut Access: Access to Walnut from Lot 7, Block I; lot 12, Block 3; Lot 20, Block 9 and lot 2, Block 8 shall be prohibited.

7. Parking: Parking of boats, trailers, motorcycles, trucks, lurk 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 excepting 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.

8. 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.

9. 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.

10. 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.

11. Utilities: All 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.

12. Construction: Homes shall be constructed only by builders or persons who have been placed on the list of approved Timberhill builders by the Archi­tectural Review Committee. A list of approved Timberhill builders will be es­tablished and maintained by the Architectural Review Committee.

13. Mail Box Stands: Each owner shall be responsible for maintaining their mail box and mail box standard and the pro rata share of any repair or maintenance.

14. 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. Only cedar shingles or shakes may be used for roofs and roofs shall have a minimum pitch of 5/12.

f. Only high quality wood, brick, or stone siding will be (not legible) earth tones will be allowed on exterior surfaces. 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.

h. Only those mailboxes approved by the Architectural Review Com­mittee will be used.

14. Fences: No fence, screen, gate, or similar structure may be placed on any lot unless the following conditions are first satisfied. For the purpose of this condition, the term "rear quarter" will mean one of the rear quarters of the lot formed by two imaginary lines bisecting at the center of the com­pleted house with rear defined as furtherest from public street(s) as indi­cated in the following diagram:

a. Single family lots:

(1) The owner obtains prior approval in writing from the Archi­tectural Review Committee.

(2) The structure must be built in a "rear quarter" of the lot. No portion of the fence in any event shall extend any further than 15 feet beyond the house or attached deck.

b. Zero lot line lots:

(1) The owner obtains prior approval in writing from the Archi­tectural Review Committee.

(2) The structure must be built in either or both rear quarters and may notemcompass any more than the area of the rear quarters as above defined.

c. Multiple family lots:

(1) The owner obtains prior approval in writing of the Archi­tectural Review Committee.

ARTICLE VII
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 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 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 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, such easement may be relocated, but any ex­panse 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.

b. 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 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. 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 VIII.
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 are adversely affected by 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 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 way affect any other pro-visions which shall remain in full force and effect.

3. Amendment: 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 be automatically extended for successive periods of 10 years. Any majority or the Architectural Review committee, provided however,

that such action does not defeat the purpose and intent of these covenants and restrictions and provided further that such waiver or modification has the prior written approval of the then owners of all the lots directly affected thereby. Easements herein granted in reserve shall not he amended except by instrument signed and acknowledged by 100 percent of the then owners of the property affected, by the Architectural Review Committee and by Timberhill Acres Development Company, so long as that company owns any interest in the property.

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 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 reserved or created shall be held and exercised by TIMBERHILL ACRES DEVELOPMENT CO. atone, so long as it 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 10^th day of July 1978.

AMENDMENT

to the

PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS,

DECLARATIONS AND RESTRICTIONS

For

TIMBERHILL SOUTHEAST SECOND ADDITION

BENTON COUNTY, OREGON

WHEREAS, the undersigned parties are the owners of all the property within that certain real property located in the County of Benton, State of Oregon, legally described as follows:

Timberhill Southeast SECOND ADDITION which is platted in Book 8, page 75 , Benton County Records

WHEREAS, the undersigned desire to amend the Protective Covenants, Conditions, Easements, Declarations and Restrictions for that property dated July 10, 1978, and recorded in the Benton County Microfilm Records at M-96475 to provide a different condition and restriction on the use of roofing materials as in Article VI, paragraph 14, Subparagraph b.

NOW, THEREFORE, it is agreed by the undersigned parties that the following provisions shall be deleted from the Protective Covenants, Conditions, Easements, Declarations and Restrictions:

ARTICLE VI.

SPECIFIC PROPERTY USE RESTRICTIONS

14. Building Materials and Conditions:

b. Only cedar shingles or shakes may be used for roofs and roofs shall have a minimum pitch of 5/12.

And that there shall be substituted for that provision in the Protective Covenants, Conditions, Easements, Declarations and Restrictions the following provision:

ARTICLE VI.

SPECIFIC PROPERTY USE RESTRICTIONS 14.

Building Materials and Conditions:

b. Roofing materials are limited to the following:

(1) Cedar shakes or shingles.

(2) Tile or slate.

(3) Heavy-weight composition shingles (340 pounds per 100 square feet minimum). Both brand and color, which may be earth tones only, must be approved by the Architectural Control Committee.

The roof shall have a minimum pitch of 5/12.

IN WITNESS WHEREOF, we, the owners of all property within the property, have hereunto caused these presents to be executed this 13^th day of February, 1979.

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