Timberhill
Southeast 3rd
Addition
-
Corvallis,
Oregon
- Platted
in 1982
-
25 home lots
- Includes the streets of -
Garryanna Drive, Rolling Green Drive
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill
Southeast 3rd
Addition Plat Map-Timberhill
Southeast 3rd Addition Home Styles-
PROTECTIVE COVENANTS,
CONDITIONS, EASEMENTS, DECLARATIONS, AND RESTRICTIONS
For
TIMBERHILL SOUTHEAST
THIRD ADDITION (NORTHWOOD)
BENTON
COUNTY, OREGON
WHEREAS,
the undersigned Declarant is the manor of certain
real property in the County
of Benton,
State of Oregon,
hereinafter
referred to as "property" more particularly described as follows:
TIMBERHILL SOUTHEAST THIRD ADDITION
(NORTHWOOD) which is
platted in Book 8. page 131.
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:
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. "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 Open
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.
Individual lots are defined as follows:
'Regular Lots": Single family
detached houses sharing
nothing in common and having no dependence upon neighboring lots.
"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.
4. -Owner" shall mean and refer to
the record owner
(including contract sellers), whether one or more persons or entities,
of all
or an 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 s
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.
The title to all open areas has been
dedicated to the City
of Corvallis
and the use of such in
areas will be subject to the rules and regulations of the City of Corvallis.
An 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 open areas. Such right of enjoyment to
the
open 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. 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 hereto.
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, an 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 of omissions. The word "use" as
referred to herein means ownership of a dwelling unit or other
structure which
incorporates such wall or any pert 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 open 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 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 open
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
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 reserved shall run with the land.
ARTICLE IV.
ARCHITECTURAL REVIEW COMMITTEE
1. Purpose. It is desirable to
maintain uniform standards of
design, quality of workmanship and landscaping for the hones to be
built and
maintained in Timberhill Southeast Third 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 hones 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
hones to be
built in Timberhill Southeast Third 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
Third 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.
a. 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 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., James E.
McEldowney, 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 1301 days attar 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
131
years. New members shall be elected for a term of three 131 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 an 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 co building,
landscaping, or exterior remodeling of any hone, 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 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 tress 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 V.
SPECIFIC PROPERTY USE RESTRICTION
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 any 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 or disposal of such material shall be kept in
a clean
and sanitary condition.
4. Offensive Condition: No noxious or
offensive or unsightly
conditions shall be permitted upon any part of said property, nor shall
anything be done 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
7. 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.
8. 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.
9. 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.
10. 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.
11. Construction: Homes shall be
constructed only by
builders or persons who rave been approved by the Architectural Review
Committee.
12. 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.
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.
h. 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 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 car game except that this condition shall not apply to zero
lot line
lots.
d. Mill finish aluminum frame windows
shall not be used.
e. In the event that any construction
has made any change or
alteration any open areas, the owner will restore the open area to its
natural
state following completion of construction.
f. Only high quality wood, brick, or
stone siding will be
used. Only earth totes 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.
i. The size and height of the house
must be In proportion to
the location and size the
let, in order to
preserve the view of the other lot owners.
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:
STREET
This fence policy 1s an attempt to
encourage trees, bushes
and shrubs for privacy screening but still allow secure areas for
children and
pets, without creating an unpleasant barricaded community.
a. Single family lots: The owner
obtains prior approval in
writing from the Architectural Review Committee. The structure most 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: The owner
obtains prior approval in
writing from the Architectural Review Committee. The structure most be
built in
either or both rear quarters and may not encompass any more than the
area of
the rear quarters as above defined.
ARTICLE VI.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
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 (51 feet of th side and rear line of said building site; if
there
has been an application to use of such easement prior to developnent 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
granted and
reserved stall not be development of which requires movement of abuts
an open
area or private road or driveway only and does not directly abut a
public
street or highway.
ARTICLE VII
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 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 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
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 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 of the covenants and restrictions of this declaration,
except the
easements herein granted, may be amended by either of the following
procedures:
a, By a written instrument signed by
75 percent of the then
owners of the lots.
b. In the event any provision of
these covenants and
restrictions inflicts an unreasonable hardship upon any title holder or
the
land herein protected, such provision may be waived or modified by a
majority
of 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 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 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
the
Declarant hereunder reserved or created shall be held and exercised by
TIMBERHILL ACRES DEVELOPMENT CO. alone, 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
8th day of
January, 1983.
Corvallis,
Oregon Real Estate Home
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