Loading...
2020-105279 ~ 15968 SW 76th Ave ~ 7570 SW Ting Ct ~ 7554 SW Ting Ct ~ 7520 SW Ting Ct ~ 7504 SW Ting Ct Washington County,Oregon 2020-105279 10/22/2020 02:03:33 PM D-R/B Cnt=2 Stn=8 J CHOATE $45.00$5.00$5.00$11,00$60.00-Total=$126.00 1 1111 II I ill 11 11 o 111 111 1 1 11 1.1 02665074202001052790090094 I,Margaret Oarza,Director of Assessment and RETURN RECORDED DOCUMENT TO: Taxation and Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the withinsc cyr \ CITY HALL RECORDS DEPARTMENT instrument of writing was received and recorded in the' vw ):8 ' book of records of said county. ' CITY OF TIGARD Margaret Oarza,Director of Assessment and Taxation, t Ex-Officio County Clerk 13125 SW Hall Blvd. Tigard,OR 9722 Space above reserved for Washington County Recording information CC & Rs FOR HSU SUBDIVISION Addresses included: Lot 1: 15974 SW 76th Ave, Tigard, OR 97224 Lot 2: 15968 SW 76th Ave, Tigard, OR 97224 Lot 3: 7570 SW Ting Ct, Tigard, OR 97224 Lot 4: 7554 SW Ting Ct, Tigard, OR 97224 Lot 5: 7520 SW Ting Ct, Tigard, OR 97224 Lot 6: 7504 SW Ting Ct, Tigard, OR 97224 1 Table of Contents I. DEFINITIONS 3 II. USE OF LAND 4 III. BUILDING COMPLETION 4 IV. ARCHITECTURAL REQUIREMENTS 4 V. DWELLING UNIT CONSTRUCTION 5 VI. TREES 5 VII. HEDGES,FENCES,AND WALLS 6 VIII. LANDSCAPING&WA I'ER QUALITY FACILITIES 6 IX. SIDEWALKS &CURBS 6 X. EASEMENTS 7 XI. PROPERTY USE RESTRICTIONS 7 XII. OTHER BUILDINGS 8 XIII. MAINTENANCE ASSESSMENTS 8 XIV. DURATION 9 2 THIS DECLARATION made on the date hereinafter set forth by the undersigned. WHEREAS,the undersigned is the owner of that certain real property in the County of Washington, State of Oregon,hereinafter referred to as"said property," more particularly described as follows: HSU SUBDIVISION, as platted in Book Pages Plat Records of Washington County, Oregon. NOW,THEREFORE, the undersigned hereby declare that all of said property is and shall be held, sold and conveyed upon and subject to the conditions, covenants,restrictions,reservations and assessments hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, livability and aesthetic quality of said property. These conditions, covenants to run with the land and shall be binding upon all present and future owners of the property or and interest therein. I. DEFINITIONS: The following words when used in the Declaration shall have the following meanings: A. "Said Property" shall mean and refer to the certain real property hereinbefore described. B. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of said property), 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 or occupied. C. "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. D. "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. E. "Dwelling Unit" shall mean and refer to that portion of any structure intended to be occupied by one family as a dwelling under applicable zoning and building laws and restrictions. F. "Set Back" means the minimum distance between the dwelling unit or other structure referred to and given street or road or lot line. G. "Declarant" shall mean and refer to Tenhouse Property, LLC. 3 II. USE OF LAND No building or structure shall be created, constructed,maintained or permitted upon said property except upon a building site as hereinabove defined, and no building or structure shall be erected, constructed,maintained or permitted on a building site other than a single detached dwelling unit, except that appurtenances to any dwelling unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith, a permanent construction,may be erected within the building limits hereinafter set forth. III. BUILDING COMPLETION All building shall be completed and painted within six months from the time construction thereof is commenced. IV. ARCHITECTURAL REQUIREMENTS A. No building, including incidental out buildings, structure improvement, obstruction, ornament, fence, wall, hedge, or landscaping shall be erected,placed or altered on said property, that impacts the harmony with existing structures, or that does not conform with finished grade elevation and view obstruction requirements per the approved grading and drainage plan. B. Repainting of any structure must utilize neutral or woodland tones to ensure all properties appear in harmony within the subdivision. Bright and eye-catching paint schemes are strictly forbidden. C. Declarant, or their successors, assume no responsibility for the improvement, construction or alteration of any structure once said property ownership has changed owner. D. It shall be the duty of the owner or occupant of any building site to maintain in proper condition the area between the Property line of said building site and the nearest curb or improved street, including public sidewalks within said area. 4 V. DWELLING UNIT CONSTRUCTION A. No building may be erected on any of the said building sites unless it contains a minimum of 2000 square feet of floor area, exclusive of open porches, garages, garden houses and other appurtenances. B. Exterior walls shall be of double wall construction with HardiePlank® siding. Exterior stain or paint colors must be neutral or woodland tones. Windows shall be of wood, solid vinyl or vinyl clad construction. All dwelling units shall have a double car garage or larger. Roofing shall be of Architectural 80, 30-year composition or a reasonable substitute. C. Set back distances are as follows: FRONT: 20 feet minimum to garage 15 feet minimum to house SIDE: 5 feet minimum from property line to building line REAR: 15 feet minimum from property line to building line CORNER SIDES:10 feet minimum from building line to lot line on corner lots VI. TREES Trees located in the platted easements of the subdivision are requirements pursuant to the City of Tigard Urban Forestry and canopy Land Use codes. Removal of any trees in public areas and easements(generally Water Quality facilities and within 8 feet of sidewalks)require a tree-removal permit from the City of Tigard. 5 VII. HEDGES, FENCE AND WALLS A. No shrub, trees or bushes shall be allowed to grow to a height which unduly restricts the view from adjoining property. B. Fences are included for each lot upon construction. Future repairs and reconstruction must use the same nominal fence design to preserve appearance harmony with neighboring properties. Fences may be stained to extend durability but must use a stain that is nominally consistent with other neighboring fences. C. No hedge, fence hedge wall,boundary wall,retaining wall or similar structure shall be erected or maintained between any front set back line of any building site and any street line serving as a boundary line for each building site. VIII. LANDSCAPING & WATER QUALITY FACILITIES A. All front yard landscaping will be maintained by the owner to conform to the norms of a well-kept neighborhood. B. Water Quality facilities in the subdivision will be managed by the Declarant for 2 years from the date of subdivision plat recording. After 2 years, the City of Tigard will assume maintenance responsibilities. Section XIII Maintenance Assessments. IX. SIDEWALKS & CURBS & PRIVATE ROAD A. Declarant will maintain and repair any damage or flaw in the sidewalk, curb, or private road(Ting Ct) until Sep 8,2022 that is due to defective original installation or force majeure. Damage due to vehicular impact or other traffic reason is the responsibility of the owner whose property abuts/faces the sidewalk or curb. B. After Sep 8,2022,repairs to curb, sidewalk, or private road is the responsibility of the Homeowner's Association(HOA)—see Section XIII. 6 X. EASEMENTS Said property shall be subject to easements as shown on recorded plat. XI. PROPERTY USE RESTRICTIONS A. No sign of any kind shall, be displayed to public view on any building or dwelling unit on said property except one professional sign of not more than five square feet advertising the property for sale or rent, or a sign used by the owner 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 owner or its agent may post a sold" sign for a reasonable period following a sale. B. 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 or do not become a nuisance. C. 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 materials shall be kept in a clean and sanitary condition and shall be screened from public view. D. No noxious or offensive activity or noxious or offensive or unsightly conditions shall be permitted upon any part of said property,nor shall anything be done thereof which may be or become an annoyance or nuisance to the neighborhood. E. No trailer, camper-truck, tent, garage,barn, shack, or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said property. F. No boats,trailers,trucks(except pickups), campers/truck-campers and like equipment, or junk cars or other unsightly vehicles shall be allowed on any part of said property nor on public ways adjacent thereto, excepting only within the confines of an enclosed garage or other screened enclosure, and no portion of same may project beyond the enclosed area. G. No exterior antennas or aerials shall be permitted. Satellite dish receivers must be placed with consideration to location, color, and site screening. 7 H. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes nor any pole,tower or other structure, supporting said outdoor overhead wires, shall be erected, placed or maintained within said property. All purchasers of property,their heirs, successors and assigns shall use underground service wires to connect their dwelling units to underground electric or telephone utility facilities. I. No outbuildings,lean-tos, sheds,pool houses, wood storage facilities, and/or equipment storage facilities shall be constructed upon the lot. XII. OTHER BUILDINGS Builders are permitted to erect temporary or portable sheds as tool houses and for other uses common to residential construction and to maintain them until each structure is finished. XIII. MAINTENANCE ASSESSMENTS A. Declarant will own subdivision public area maintenance up to 2 years from the date of plat recording. A nominal monthly fee is assessed on each property owner to bear the cost of said maintenance. B. After Sep 8,2022,the individual property owners assume public area maintenance obligations. The method where the maintenance is executed is at the discretion of the property owners/HOA at that time. Examples include establishing a formal HOA(administered by a 3rd party HOA company)or electing a representative from among property owners to manage said maintenance activities. The specific maintenance obligations are: a. Collect monthly HOA assessment from each homeowner. b. Monthly private road(Ting Ct) streetlight utility payments. c. Monthly front yard landscape maintenance payments(if owners elect to continue this service). d. Organize repairs to private road(Ting Ct)if/when they arise. e. Organize repairs to sidewalk&curb. f Organize repairs and upkeep of community fence adjacent to Ting Ct. g. Organize removal/replanting of any dead or damaged community trees. C. The monthly assessment will be stated at the time of sale for each built lot, but not to exceed$150 monthly per lot. The assessment is collected by the Declarant for the first 2 years, and by the owners' assignee/agent thereafter. This assessment is used to fund obligations noted in Section XIII-B. 8 XIV. DURATION These conditions, covenants,restrictions,reservations and easements shall be binding upon all parties hereto and all persons claiming under them for a period of five years from the date-they are recorded. After five years, homeowners on record may elect to revise/continue the CC&R's stated herein. Invalidation of any one of these covenants by judgment of court order shall in no way effect any of the other covenants, which shall remain in full force and effect. IN WITNESS WHEREOF, THE UNDERSIGNED HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED THIS /,c-1 DAY OF 0C-4-c4L, 747 TENHOUSE PROPERTY,LLC Chingtai Hsu—Managing Member ACKNOWLEDGMENT STATE OF OREGON COUNTY OF WASHINGTON /r /414 I certify that I have satisfactory evidence that C"Ii vi q iA. is the person who appeared before me, and said person acknowledged that s/he pied this instrunlent, on oath that s/he was authorized to execute this instrument as j44 V1 A ;V1 Wle f Tenhouse Property,LLC and acknowledged it to be his/her free and voluntary act. LI J SEAL DAT D: f )-0