| | Timberhill
Southeast
-
Corvallis,
Oregon
- Platted in 1971
-
1 lot
- Includes the streets of -
Walnut
Boulevard, Kings Boulevard, Rolling Green
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill
Southeast Plat Map-Timberhill
Southeast Home Styles-
PROTECTIVE
COVENANTS, CONDITIONS, DECLARATIONS
AND RESTRICTIONS TIMBER
HILL SOUTHEAST
TO: The Public.
Pioneer
Benton
County, Oregon
THIS DECLARATION, made on the date
hereinafter set forth by
the undersigned, hereinafter referred to as "Declarant":
WHEREAS, Declarant is the owner of
certain real property in
the County
of Benton,
State of Oregon,
hereinafter
referred to as "said property", more particularly described as
follows:
TIMBER HILL SOUTHEAST
as
platted in Book 7, page 48, (Exhibit
A).
WHEREAS, Declarant desires
to subject said property to certain
protective covenants, conditions, restrictions, reservations,
easements, lines and
charges for the benefit of said property, and its present and
subsequent owners
as hereinafter specified, and will convey said property subject thereto,
NOW, THEREFORE, Declarant hereby
declares that all of the
said property is and shall be held and conveyed upon and subject to the
easements, conditions, covenants, restrictions and reservations
hereinafter set
forth; all of which are for the purpose of enhancing and protecting the
value,
desirability and attractiveness of said property. These easements,
covenants,
restrictions, conditions and reservations shall constitute covenants to
run
with the land and shall be binding upon all persons claiming under them
and
also that these conditions, covenants, restrictions, easements and
reservations
shall inure to the benefit of and be limitations upon all future owners
of said
property, or any interest therein:
ARTICLE I.
DEFINITIONS
Whenever used in this Declaration,
the following terms shall
have the following meanings:
1. "Dwelling Unit" and "Garage" shall
include both the main portion of any structure intended to be occupied
by one
family as a dwelling and all projections there from but shall not
include the
eaves of such structures, nor uncovered front porches or steps;
2. "Association" shall mean TIMBER
HILL SOUTHEAST
FIRST ADDITION HOMEOWNERS ASSOCIATION, a non-profit corporation
organized under
the laws of the State of Oregon, its successors and and assigns;
3. "Said Property" shall mean and
refer to that
certain real property hereinbefore described, and such additions
thereto as may
hereafter be brought within the jurisdiction of the Association by
recorded
declarations in the manner hereinafter set forth;
4. "Common Area" shall mean all real
property, and
appurtenances thereto, now or hereafter owned by the Association for
the
common use and enjoyment of the members of the Association;
5. "Lot" shall mean and refer to any
plot of land
shown upon any recorded subdivision map of the properties with the
exception
of Common Areas, and to any parcel of said property under one ownership
consisting of a portion of one or more of such lots and/ or contiguous
portions
of two or more contiguous lots and upon which a dwelling has been
constructed
and occupied.
5. "Member" shall mean and refer to
every person
or entity who holds membership in the Association.
6. "Owner" shall mean and refer to
the record
owner (including con-tract sellers), whether one or more persons or
entities,
of all or any part of said property, excluding those having such
interest
merely as security for the performance of an obligation.
7. "Declarant" or "Developer" 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.
8. “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.
9."Set back" means the minimum
distance between
the dwelling unit or other structure referred to and a given street or
road or
lot line.
10."Mortgage" shall mean and refer to
any mortgage
or deed of trust, and "Mortgagee" shall refer to the mortgage or
trustee under a deed of trust.
ARTICLE II.
ANNEXATION OF ADDITIONAL PROPERTY
Real property in addition to that
described in EXHIBIT A may
be made subject to the jurisdiction of the Association, whereupon
automatically
it shall be included in any reference herein to "said property" or
"said properties".
1. Annexation of additional property
shall require the
assent of persons entitled to cast two-thirds(2/3) of the votes of the
members
present in person or by written proxy and (except as provided in
Section 2
below) the assent of persons entitled to cast two-thirds (2/3) of the
votes of
each class of members present in person or by written proxy at a
meeting of the
Association duly called for such purpose, written notice of which shall
be sent
to all members not less than 30 days nor more than 60 days in advance
of such
meeting, setting forth the purpose thereof.
The presence of members entitled to
cast 60% of the votes of
each class of membership shall constitute a quorum at such meeting. In
the
event that a quorum is not forthcoming at any such meeting, another
meeting may
be called, subject to the notice requirement ser forth above, and the
required
quorum at such meeting shall be one-half of the required quorum at the
preceding meeting. If the required assent is not forthcoming, no
subsequent
meeting shall be held for the purpose of annexing such property for
sixty days
from the date of the last of such meetings.
2. If within five (5) years of the
date of incorporation of
this Association, the Declarant should develop additional lands within
the area
described in EXHIBIT B attached hereto, such additional lands may be
annexed to
said properties without the assent of the Class A members.
ARTICLE III. MEMBERSHIP
Every person or entity who is a
record owner (including
contract sellers) of a fee or undivided fee interest in any Lot
or Building Site located upon any part of said property shall, by
virtue of
such ownership, be a member of the Association. The foregoing is not
intended
to include persons or entities who hold an interest merely as security
for the
performance of an obligation. Membership shall be appurtenant to and
may not be
separated from ownership of any such Lot
or Building
Site made subject to the jurisdiction of the Association. Such
ownership shall
be the sole qualification for membership, and shall automatically
commence upon
a person becoming such owner, and shall automatically terminate and
lapse when
such ownership in said property shall terminate or be transferred.
ARTICLE IV. VOTING RIGHTS
The Association shall-have two
classes of voting membership:
Class A. Class A members shall be all
those Owners as
defined in Article III with the-exception of the Declarant. Class A
members
shall be entitled to one vote for each Lot
and Building
Site in which they hold the interest required for membership by Article
III.
When more than one person holds such interest in any Lot
or Building Site, all such persons shall be members. The vote for such
Lot or
Building Site shall be exercised as they among themselves determine, or
if
unable to agree, they may cast fractional votes' proportionate to their
ownership interests, but in no event shall more than one Class A vote
be cast
with respect to any Lot. The vote applicable to any of said property
being sold
under a contract of purchase shall be exercised by the contract vendor
unless
the contract expressly provides otherwise.
In order to prevent duplication of
voting rights, if the
owner of a Dwelling Unit is entitled to a vote by reason of any such
ownership,
neither he nor any other person shall be entitled to a vote by virtue
of
ownership of any interest in the land upon which is located the
building in
which such Dwelling Unit is located.
'
Class B. The Class B member(s) shall
be the Declarant, its
successors .and assigns. Class B member(s) shall be entitled to five
(5) votes
for each Lot in which it holds the interest required for membership by
Article
III,. and which is subjected to the jurisdiction of the Association by
re-corded covenants; provided that existing Class B votes shall be
converted to
Class A votes upon the happening of either of the following events,
whichever
occurs earlier:
(a) When the total votes outstanding
in the Class A
membership equal the total votes outstanding in the Class B membership;
provided
that if Declarant subjects additional property to the jurisdiction of
the
Association by recorded covenants in tbe manner provided herein, it
shall be
entitled to Class B votes for such additional property as indicated
above; or
(b) On a date five (5) years from the
date of the recording
of these Covenants.
ARTICLE V.
PROPERTY RIGHTS
Section
I.
Members' Easements of Enjoyment. Every member of the Association shall
have a
right and easement of enjoyment in and to the Common Areas and such
easement
shall be appurtenant to and shall pass with the title to every assessed
Lot;
subject, however, to-the following provisions:
a) The right of the Association to
limit the number of
members permitted to use a particular part of the Common Areas at any
one time;
b) The right of the Association to
dedicate or transfer all
or any part of the Common Areas to any public agency, authority, or
utility for
such purposes and subject to such conditions as may be agreed to by the
members. No such condition or transfer shall be effective unless an
instrument
signed by members entitled to cast a two-thirds
of the votes of the membership, (and
a two-thirds majority
of the votes of all classes of membership, if there is more than one
class of
member-ship) has been recorded in the appropriate County deed records,
agreeing
to such dedication or transfer, and unless written notice of the
pro-posed
action is sent to every member not less than thirty (30) days nor more
than
ninety (90) days prior to such dedication or transfer.
c) The right of the Directors of the
Association to
promulgate reasonable rules and regulations governing such rights of
use, from
time to time, in the interest of securing maximum safe usage of such
Common
Areas by the members of the Association without unduly in-fringing upon
the
privacy or enjoyment of the owner or occupant of any part of said
property,
including, without being limited thereto, rules restricting persons
under or
over designated ages from using certain portions of said property
during
certain times, and reasonable regulations and restrictions regarding
parking.
Section 2. Delegation of Use. Any
member may delegate, in
accordance with the Rules and Regulations adopted from time to time by
the
Directors, his right of enjoyment to the Common Areas and facilities to
his
tenants, customers, guests, or contract purchasers on the property,
pursuant to
reasonable rules and regulations prescribed by the Association from
time to
time.
ARTICLE VI.
COVENANT FOR MAINTENANCE ASSESSMENT
1. Creation of the Lien and Personal
Obligation of
Assessments. The Declarant hereby covenants for all of said Property,
and each
Owner of any Lot or Building Site
by acceptance of a
deed or contract of purchase therefore, whether or not it shall be so
expressed
in any such deed or other conveyance or agreement for conveyance, is
deemed to
covenant. and agree to pay to the Association: (1) regular annual or
other
regular periodic. assessments or charges, and (2) special assessments
for
capital improvements, such assessments .o be fixed, established, and
collected
from time to time as hereinafter provided. The regular and special
assessments,
together with such interest thereon and costs of collection thereof, as
hereinafter provided, shall be a charge on the land and shall be a
continuing
lien upon the property against which each such assessment is made. Each
such
assessment, together with such interest; costs and reason-able
attorney's fees,
shall also be the personal obligation of the person who was the Owner
of such
property at the time such assessment was levied. The obligation shall
remain a
lien on the property until paid or fore-closed, but shall not be a
personal
obligation of successors in title unless expressly assumed by them.
2. Purpose of Assessments. The
assessments levied by the
Association shall be used exclusively for the purpose of promoting the
said
properties and the mutual benefit of the owners thereof, and in
particular for
the improvement and maintenance of said property, any Common Areas, the
services and facilities devoted to this purpose and related to the use
and
enjoyment of the Common Areas, and of the buildings situated upon said
property.
3. Basis and Maximum Annual
Assessments. Until January 1 of
the year immediately following the conveyance of the first Lot or
Building Site
to an Owner, the maximum regular assessment shall be six ($6.00)
dollars per
month for each Lot or Dwelling Unit subject thereto, or such lesser sum
as may
be provided in the Bylaws:
a) From and after January 1 of the
year immediately
following the conveyance of the first Lot or Dwelling Unit to an Owner,
the
maximum monthly assessment may be increased by the Beard of Directors.,
effective on the first day of the month following such increase,
with-out a vote
of the membership in conformance with the rise, if any, of the Consumer
Price
Index (published by the Department of Labor, Washington, D. C., or
successor
U. S. Governmental agency, U. S. City average) from July of the year in
which
these covenants are recorded to July of the year preceding the year in
which
such increase be-comes effective.
b) From and after January 1 of the
year immediately
following the conveyance of the first Lot to an Owner, the maximum
monthly
assessment may be increased above that determined by reference to the
Consumer
Price Index, as aforesaid, by a vote of the members, provided that any
such
increase shall be approved by the affirmative vote of not less than
two-thirds
of the votes of each class of members who are voting in person or by
proxy, at
a meeting duly called for this purpose, written notice of which shall
be sent
to all members not less than 30 days nor more than 60 days in advance
of the
meeting setting forth the purpose of the meeting. The limitations
hereof shall
not, apply to any change in the maximum flat charge and basis of the
assessments undertaken as an incident to a merger or consolidation in
which the
Association is authorized to participate under its Articles of
Incorporation.
c) After consideration of current
maintenance costs and
future needs of the Association, the Board of Directors may fix a
regular flat
assessment upon a monthly, quarterly, or annual basis at an amount not
in
excess of the maximum specified above.
d) If any Owner should fail to keep
and maintain properly
the exterior of any building or lot or the exterior of any common or
other
area of said property owned or maintained by said Owner in good
condition, or
if any part of said property becomes damaged or destroyed, then the
Association, after giving said Owner reasonable written notice (by
Certified
or Registered Mail with return receipt requested, quoting a copy of
this
paragraph), may enter upon said property and perform said maintenance
and
assess the reasonable cost thereof to said Owner, such assessment shall
be
added to the regular assessment and become a lien and enforceable in
the same
manner. Disputes concerning the enforcement of this provision and the
necessity of such maintenance or replacement shall be arbitrated by an
arbitrator
to be mutually agreed upon by the parties, or if the parties are unable
to
agree, then as appointed by the Court having general jurisdiction in
the county
in which said property is located.
4. Special Assessments for Capital
Improvements. In addition
to the assessments authorized above, the Association may. levy in any
assessment
year, a special assessment applicable to that year only, for the
purpose of
defraying, in whole or in part, the cost of any construction or
reconstruction,
unexpected repair or replacement of a described capital improvement
upon the
Common Areas, including the necessary fixtures and personal property
related
thereto, provided that, except for repairs or replacements, any such
assessment
for structural alterations, capital additions or capital improvements
reflecting an expenditure of in excess of $500.00 shall require the
assent of a
two-thirds (2/3) majority of the votes of each class of members who are
voting
in person or by proxy at a meeting duly called for this purpose,
written notice
of which shall be sent to all members not less than thirty (30) days
nor more
than sixty {60) days in advance of the meeting setting forth the
purpose of the
meeting.
5. Uniform Rate of Assessment. Both
regular periodic flat
charges and any special assessments must be fixed at a uniform rate for
all
Lots and Building Sites, and may be collected on an annual, quarterly,
or
monthly basis in the discretion of the Directors; except that
assessments may
be levied applicable to some Lots only with prior consent by the Owners
of such
lots if such procedure is considered equitable in the discretion of the
Board
in order to construct facilities or to perform services to be available
only to
the members desiring to pay for the cost thereof.
6. Quorum For Any Action Authorized
Under Sections 3 and 4.
At the first meeting called, as provided in Sections 3 and 4 hereof ,
the
presence at the meeting of members or of proxies entitled to cast sixty
percent
(60%) of all the votes of each class of membership shall constitute a
quorum.
If the required quorum is not forthcoming at any meeting, another
meeting may
be called, subject to the notice requirement set forth in Section 3 and
4, and
the required quorum at such subsequent meeting shall be one-half of the
required
quorum at the preceding meeting. No such subsequent meeting shall be
held more
than sixty (60) days following the date of the meeting at which no
quorum was
forthcoming.
7. Date of Commencement of Annual
Assessments: Due Dates.
The Board of Directors shall fix the amount of the regular assessment
at least
thirty (30) days in advance of each assessment period. Written notice
of the
assessment shall be sent to every owner subject thereto. The due dates
shall be
established by the Board of Directors. The Association shall upon
demand at any
reasonable time furnish a certificate in writing signed by an officer
of the
Association setting forth whether the assessments on a special Lot
have been paid. A reasonable charge may be made by the Board for the
issuance
of these certificates. Such certificate shall be conclusive evidence of
payment
of any assessment therein stated to have been paid.
8. Effect of Nonpayment of
Assessments: Remedies of the
Association. Any assessments which are not paid when due shall be
delinquent.
If the assessment is not paid within thirty (30) days after the due
date, the
assessment shall bear interest from the date of delinquency at the rate
of six
per cent (6%) per annum. The Secretary of the said Association shall
file in the
office of the Director of Records, County Clerk or appropriate recorder
of
conveyances of the County in which said property is located, a
statement of the
amount of any such charges or assessments, together with interest as
aforesaid,
which have become delinquent with respect to any Lot or Building Site
on said
property, and-upon payment in full thereof, shall execute and file a
proper
release of the lien securing the same. The aggregate amount of such
assessments, together with interest, costs and expenses and a
reasonable
attorney's fee for the filing and. enforcement thereof, shall
constitute a lien
on the whole Lot or Building Site, with respect to which it is fixed
from the
date the note of delinquency thereof is filed in the office of said
Director of
Records or County Clerk, or other appropriate recording office, until
the same
has been paid or released as herein provided. Such lien may be enforced
by said
Association in the manner provided by law with respect to liens upon
real
property'. The owner of said property at the time said assessment is
levied
shall be personally liable for the expenses, costs and disbursements,
including
reasonable attorney's fees of the Declarant or of the Association, as
the case
may be, of processing and if necessary, enforcing such liens, all of
which
expense, costs and disbursements and attorney's fees shall be secured
by said
lien, including fees on appeal, and such owner at the time such
assessment is
levied, shall also be liable for any deficiency remaining unpaid after
any
foreclosure sale. No owner may waive or other-wise escape liability for
the
assessments provided for herein by non-use of the Common Areas or
abandonment
of his Dwelling Unit, Lot or
Building Site.
9. Subordination of the Lien to
Mortgages. The lien of the
assessments provided for herein shall be inferior, junior and
subordinate to
the lien of all mortgages and trust deeds now or hereafter placed upon
said
property or any part thereof. Sale
or transfer of any Building, Lot or
Building Site, or
any other part of said property shall not affect the assessment lien.
However,
the sale or transfer of any Dwelling Unit or Lot or Building Site which
is
subject to any mortgage, pursuant
to a
decree of fore-closure under such mortgage or any proceeding in lieu of
foreclosure thereof, shall extinguish the lien of such assessments as
to
amounts thereof which became due prior to such sale or transfer; and
such lien
shall attach to the net proceeds of sale, if any, remaining after such
mortgages and other prior liens and charges have been satisfied. No
sale or
transfer shall relieve such Lot or
Building Site from
liability for any assessments thereafter becoming due or from the lien
thereof.
10. Exempt Property. The following
property subject to this
Declaration shall be exempt from the assessments created herein; (a)
all
properties expressly dedicated to and accepted by a local public
authority;
(b) any Common Areas; (c) all other properties owned by the
Association; and
(d) property owned by the Declarant prior to the time a building is
constructed
thereon and occupied.
ARTICLE VII. 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
in-consistent with the provisions of this Article, the general rules of
law
regarding party walls and liability for property damage due to
negligence .or
willful acts or omissions shall apply thereto.
2. Sharing of Repair and Maintenance.
,The cost of
reasonable repair and maintenance of a party wall shall be shared
equally by
the Owners whose Lots abut such wall.
3. Destruction by Fire or other
Casualty. If a party wall is
destroyed or damaged by fire or other casualty, any Owner who has used
the wall
may restore it, and if the other owners thereafter make use of the
wall, they
shall contribute to the cost of restoration thereof in proportion to
such use,
without prejudice, however, to the right of any such owners to call for
a
larger contribution from the others under any rule of law regarding
liability
for negligent or willful acts or omissions. The word "use" as referred
to herein means ownership of a dwelling unit or other structure which
incorporates such wall or any part thereof.
4. Weatherproofing. Notwithstanding
any other provision of
this Article, an owner who by his negligent or willful act causes the
party
wall to be exposed to the elements shall bear the whole cost of
furnishing the
necessary protection against such elements.
5. Right to Contribution Runs with
Land. The right of any
owner to contribution from any other owner under this Article shall be
appurtenant to the land and shall pass to such owner's successors in
title.
6. Arbitration. Any dispute
concerning a party wall or any
provisions of this Article shall be arbitrated. Each party shall choose
one
arbitrator, and such arbitrators shall choose an additional arbitrator,
and the
decision shall be by a majority of all the arbitrators.
7. Encroachments. If any portion of a
party wall or other
part of a building or structure now or hereafter constructed upon said
property
encroaches upon any part of the Common Areas or upon the Lot or Lots
used or
designated for use by another lot owner, an easement for the
encroachment and
for the maintenance of same is granted and reserved and shall exist,
and be
binding upon the Declarant and upon all present and future owners of
any part
of said property for the benefit of the present and future owners of
any 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 such Dwelling Unit and Lot for the benefit of the
Association
and the adjacent owner or owners to the extent reasonably necessary or
advisable to make repairs and replacements; and minor encroachments
resulting
from any such repairs and/or replacements and the maintenance thereof
are
hereby granted and reserved for the benefit of the present and future
owners
thereof. The easements for encroachment herein granted and reserved
shall run
with the land.
ARTICLE VIII.
ARCHITECTURAL CONTROL
1. No building, fence, wall, hedge,
structure, improvement,
obstruction, ornament, landscaping or planting shall be placed or
permitted to
remain upon any part of said property unless a written request for
approval
thereof containing the plans and specifications therefore, including
exterior
color scheme, has been approved. in writing by a majority of the
Architectural
Committee or by its representative designated by a majority of the
Committee.
2. The Architectural Committee
referred to herein shall be
the Architectural Control Committee for Timberhill Southeast First
Addition
composed of John S. Brandis Jr., Robert Trost, and Marc A: Brinkmeyer.
Its
decision shall be final and binding; however, applications may be
resubmitted.
Upon failure of the committee or its designated representative to
approve or
disapprove any application for a period of thirty (30) days after it
has been
submitted in writing, in duplicate, to the Chairman of the committee
or his
designated representative, said application will be deemed to have been
disapproved. The original members of the Committee shall serve for
three years.
New members shall be elected for a term of one year by majority vote of
the
members of the Architectural Committee. If any member of the Committee
is
unable or unwilling to act, the remaining members shall elect a
successor to
serve out the unexpired term.
3. No member of the Architectural
Committee, however
created, or. Constituted, shall receive any compensation from the
Association
or make any charge for his services as such.
ARTICLE IX.
EXTERIOR MAINTENANCE
1. Maintenance of Common Areas and
Exterior Maintenance. The
Association shall maintain or provide for the maintenance of the
Common Areas,
and in addition, the Association may, if it so desires, provide
exterior
maintenance upon and for each Lot subject to assessment hereunder,
including
without being limited to, the following: paint, repair, replace and
care for
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass,
landscaped areas, walks and other exterior improvements. Such exterior
maintenance
shall not include glass surfaces. In the event that the need for such
maintenance or repair is caused through the willful or negligent act
or
omission of the owner, his family, tenants, guests or invitees, the
cost. of
such maintenance or repairs may, in the discretion of the Directors,
be added
to and become a part of the assessment to which such lot is subject,
and a lien
and enforceable in the same manner. Damage caused by fire, flood,
storm,
earthquake, riot, vandalism or other causes other than normal wear from
use and
the elements shall be the responsibility of each owner and not included
in any
maintenance provided by the Association, except to the extent of any
insurance
proceeds payable to the Association therefore. The Association shall
have the
right, after notice to the Owner to enter upon any lot for the purpose
of
performing such exterior maintenance at reasonable hours on any day
except
Sunday. Each owner shall be responsible for maintaining and keeping in
good
order and repair the interior of any building located upon said
property owned
by him.
ARTICLE X. PROPERTY USE RESTRICTIONS
The following restrictions shall be
applicable to the real
property described in EXHIBIT A, and shall be for the benefit of and
limitations upon all present and future owners of said property, or of
any
interest therein:
1. Unless written approval is first
obtained from the
Architectural Committee, no sign of any kind shall be displayed to
public view
on any building or building site on said property except one
professional sign
of not more than five square feet in a form approved by the Committee
advertising
the business conducted therein, or 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. No animals, livestock or poultry
of any kind shall be
raised, bred or kept on any part of said property.
3. No part of said property shall be
used or maintained as a
dumping ground for rubbish, trash, garbage, or any other waste. No
garbage,
trash or other waste shall be kept or maintained on any part of said
property
except in a sanitary container. All incinerators or other equipment for
the
storage of disposal of such material shall be kept in a clean and
sanitary
condition.
4. No noxious or offensive or
unsightly conditions shall be
permitted upon any part of said property, nor shall anything be done
thereon
which may be or become an annoyance or nuisance to the neighborhood.
5. No trailer, camper-truck, tent,
garage, barn, shack, or
'other out-building shall at any time be used as a residence
temporarily or
permanently on any part of said property.
6. Parking of boats, trailers,
motorcycles, trucks,
truck-campers and like equipment, or junk cars or other
unsightly-vehicles
vehicles, shall not be allowed on any part of said property nor on
public ways
adjacent thereto excepting only within the confines of an enclosed
garage, and
no portion of same may project beyond the enclosed area except under
such
circumstances, if any, as may be prescribed by written permit approved
by the
Architectural Committee. All other parking of equipment shall be
prohibited
except as approved in writing by the Architectural Committee.
7. No Owner shall remove or otherwise
alter any plant or
tree or any landscaping or improvement in any Common Area without the
written
consent of the Architectural Committee.
8. The records of the Secretary of
the Association shall be
conclusive evidence as to all matters shown by such records and the
issuance of
a certificate of completion and compliance by the Secretary or
Assistant
Secretary of the Association showing that the plans and specifications
for the
improvement or other matters herein provided for have been approved,
and that
said improvements have been made in accordance therewith, or a
certificate as
to any matters relating to and within the jurisdiction of the
Association by
the Secretary thereof, shall be conclusive evidence that shall fully
justify
and protect any title company certifying, guaranteeing , or insuring
title to
said property, or any portion thereof, or any lien thereon and/or any
interest
therein as to any matters referred to in said certificate, and shall
fully
protect any purchaser or encumbrancer from any action or suit under
this
Declaration. After the expiration of one year following the issuance of
a
building permit therefore by municipal or other governmental authority,
any
structure, work, improvement or alteration shall, as to any purchaser
or
encumbrancer in good faith and for value and as to any title company
which
shall have insured the title thereof, be deemed to be in compliance
with all
provisions hereof, unless a notice of non-compliance executed by the
Association shall have appeared of record in the office of the County
Clerk of
the County in which said property is situated, or unless legal
proceedings
shall have been instituted to enforce completion or compliance.
The following protective covenants,
conditions,
declarations, and restrictions to apply to Lot
91 only.
1. Said property shall be used
exclusively for commercial
business and professional uses. .
2. All buildings shall be set back at
least, 15 foot setback
from any public right-of-way..
3. Subject lot shall be developed
with provisions of parking
in accordance with the existing Article 18 of the present Corvallis
zoning laws. Sidewalks for pedestrian walkways shall be required to
service
each building from the parking areas.
4. Trees shall be planted and
maintained along all public
streets. All sites shall be developed pursuant to a landscape plan
prepared by
a landscape architect. Sprinkling systems shill be maintained in
connection
with all planted areas. There shall be a landscaped area maintained in
the off
street parking area with a minimum of 10 square feet of landscaped area
for
each eight parking spaces. The total landscaped parking area shall be
separated
into sections so as to avoid excessive expanses of pavement. Each
separate landscaped
area shall be a minimum of 50 square feet and not less than one tree
shall be
planted and maintained in each landscaped area within the off street
parking
area. Any off-street parking or maneuvering spaces located in any yard
abutting
on a public right-of-way shall be no closer than 10 feet from the
right-of-way.
16. All development within said
property shall be pursuant
to the requirements of Article VIII, relating to Architectural Control.
Preliminary plans for all buildings shall be submitted to the
Architectural
Committee prior to proceeding with final plans. All plans shall be
approved by
the City of Corvallis Planning
Commission
or similar public authority prior to commencement of construction.
ARTICLE XI. EASEMENTS
All conveyances of land situate in
the said Property, made
by the Declarant, and by all persons claiming by, through, or under the
Declarant, shall be subject to the. foregoing restrictions, conditions
and
covenants, whether or not the same be expressed in the instruments of
conveyance, and each and every such instrument of conveyance shall
likewise be
deemed to grant and reserve, whether or not the same be declared
therein,
mutual and reciprocal easements over and across and under all Common
Areas and
over, across and under all land situate within 5 feet of the side and
rear
lines of each Lot or Building Site now or hereafter recorded or platted
or conveyed
by recorded instrument in said Property and excepting any portion of
said 'property
which may now or hereafter be occupied by an office or similar building
shall
not thereafter be subject to any easement not theretofore applied to
use, for
the purpose of building, constructing and maintaining thereon
underground or
concealed electric and telephone lines, gas, water, sewer, storm
drainage
lines, radio or television cables and. other services now or hereafter
commonly
supplied by public utilities or municipal corporations, all-of said
easements
shall be for the benefit of all present and future owners of property
subjected
to the jurisdiction of the Association by covenants and restrictions
recorded
and approved as hereinabove provided; said easements however shall not
be
unrestricted, but shall be subject to reasonable rules and regulations
governing rights of use as adopted from time to time by the Directors
of the
Association in the interests of securing maximum safe usage of said
property
without unduly infringing upon the rights or privacy of the owner or
occupant
of any part of said property. (See also easement for encroachments
specified in
Article VII). 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, subject to
the
approval of the Association, such easement may be relocated, but any
expense
involved in moving any sewer or storm lines or other utility lines
shall be
borne by the Owner of the lot or building site, the development of
which
requires movement of such lines; and a further mutual and reciprocal
easement
for sidewalk purposes is granted and reserved over and across the front
ten
(10) feet of each Lot in said property, and over all Common Areas in
said
property, for the purpose of constructing and maintaining and repairing
sidewalks for the benefit of the owners of said property, their tenants
and
guests, subject however, to rules and regulations reasonably
restricting the
right of use thereof for the safety and welfare of the public as may be
promulgated
from time to time by the Association and/or public authority. A corner
lot
shall be considered to have two front sides for purposes of this
sidewalk
easement. The "front" of a lot shall be deemed to be only that
portion of a lot abutting a public street or highway, and the sidewalk
easement
herein granted and reserved shall not be deemed to include a town house
lot
which abuts a common area or private road or driveway only and does not
directly abut a public street or highway.
ARTICLE XII.
GENERAL PROVISIONS
1. Enforcement. The Association, or
any Owner, or the owner
of any recorded mortgage upon any part of said Property shall have the
right to
enforce, by any proceeding at law or in equity, all restrictions,
conditions,
covenants, reservations, liens and charges now or hereafter imposed by
the
provisions of this Declaration. Failure by the Association or by any
Owner to
enforce any covenant or restriction herein contained shall in no event
be
deemed a waiver of the right to do so thereafter.
2. Severability Invalidation of any
one of these covenants
or restrictions by judgment or court order shall in no wise affect any
other
provisions which shall remain in. full force and effect.
3. Amendment. The Covenants and
restrictions of this
Declaration shall run with and bind the land, and shall inure to the
benefit of
and be enforceable by the Association, or the Owner of any Lot subject
to this
Declaration, their respective legal representatives, heirs, successors
and
assigns, for a term of twenty-five (25) years from the date this
Declaration is
recorded, after which time said covenants shall be automatically
extended for
successive periods of ten (10) years. Any of the covenants and
restrictions of
this Declaration except the easements herein granted may be amended
during the
first twenty-five (25) year period by an instrument signed by members
entitled
to cast not less than seventy-five per cent (75%) of the votes of each
class of
membership. Easements herein granted and reserved shall not he amended
except
by instrument signed and acknowledged by one-hundred per cent (100%) of
the
Owners of the property affected, the Architectural Committee, by" the
Planning Commission or by the governing body of the County or other
public
authority having jurisdiction over the granting of building permits in
said
property, and by the Declarant, so long as it owns any interest in the
real
property referred to in EXHIBIT B. All such amendments must be recorded
in the
appropriate Deed Records of the County in which said property is
situate to be
effective. [See also easements for encroachments specified in Article
VII.].
4. No Right of Reversion. Nothing
herein contained in this
Declaration, or in any form of deed which may be used by Declarant, or
its
successors and assigns, in selling said property, or any part thereof,
shall
be deemed to vest or reserve in Declarant or the Association any right
of
re-version or re-entry for breach or violation of any one or more of
the
pro-visions hereof.
5. Insurance. The owner of every
building or dwelling unit
located upon any part of said property shall at all times cause the
same to be
insured with broad form fire and extended coverage insurance for the
full
replacement value thereof, purchased through a company selected by the
Association, naming the Association as an insured, and shall upon
request,
cause the insurance company to furnish the Association with a
certificate
showing said insurance to be in effect. If any owner fails to furnish
the
Association with said certificate, the Association may obtain (but it
shall not
be obligated to do so) such insurance with the proceeds payable to the
owner,
any mortgagees, and to the Association as their respective interests
may
appear. The Association shall assess the cost of such insurance against
the
owner, and such assessment all become a lien and collectable and
enforceable in
the same manner as all assessments provided for herein.
6. Benefit of Provisions; Waiver. The
provisions contained
in this Declaration shall bind and inure to the benefit of and be
enforceable
by Declarant, the Association, and the owner or owners of any portion
of said
property, and their heirs and assigns, and each of their legal
representatives,
and failure by Declarant or by the Association or by any of the
property owners
or their legal representatives, heirs, successors or assigns, to
enforce any of
such conditions, restrictions or charges herein contained shall in no
event be
deemed a waiver of the right to do so.
7. Assignment by Declarant. Any or
all rights, powers, and
reservations of Declarant herein contained may be assigned to the
Association
Or to any other corporation or association which is now organized or
which may
hereafter be organized and which will assume the duties of Declarant
Hereunder
pertaining to the particular rights, powers and reservations assigned;
and upon
any such corporation or association evidencing its intent in writing to
accept
such assignment and assume such duties, it shall, to the extent of such
assignment have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by Declarant herein.
All
rights of Declarant hereunder re-served or created shall be held and
exercised
by TIMBER HILL ACRES DEVELOPMENT CO. alone, so long as it owns any
interest in
any portion of said property.
B. FHA-Approval. As long as there is
a Class B membership,
the following actions will require the prior approval of the Federal
Lousing
Administration if there is an FHA-insured mortgage on any Lot
in said properties: Annexation of additional properties, dedication of
Common
Areas, and amendment of this Declaration of Covenants, Conditions and
Restrictions.
IN WITNESS WHEREOF, we, the owners of
all property within
said Property, have hereunto caused these presents to be executed this
30th day
.of July, 1975.
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