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2002-109978 ~ 12155 SW Bull Mountain Road i Washington County,Oregon 2002_109978 ? 09/2012002 02:04:59 PM 1 ' 04VIS Cnt■2 tftea6 J GREGORY J DECLARATION OF COVENANTS ( $45.00$3.00$6.00$11.00 •T041467.00 CONDITIONS AND RE TRICTIONS uu II II II uu DATED: ,2002 gIIII�II(��II IIII�III�III Ill fIII�I IIII(ll l�111 II 00187708200201099780090084 4 Jerry ta,rtaon,Olrector ofMuasment and Taxation and Ex-Mclo County ClerkforWashNalan Courra, do hereby certlrythd the Wthln Instrument of wralna After Recording Return To: waa recelved and recorded In the bogk of raaords of r. aald county. {`p�, �t 1_..�h George Wall Jerry R Hanson,Dkreryct oCounty rbillm, r�FN^uw rncattoc, ''• 11620 SW Bull Mountain Road Tigard,OR 97224 This Declaration made on the date hereinafter set forth by GEORGE WALL, hereinafter referred to as"Declarant". RECITALS: Section 1. Declarant is the present owner of certain real property in the City of Tigard,Washington County,Oregon,more particularly described as Parcels 1,2 and 3 of Partition Plat No. 2002-068 as recorded in Book ----------,Page------- ,of Plat Records for Washington County,Oregon,hereinafter called the Properties. Section 2. Declarant plans to create lots with restrictions on use and preservation of the properties. Section 3. By adopting these Covenants,Conditions and Restrictions, Declarant is not obligated to take any action other than those expressly provided herein. Owners acquiring said lots subsequent to this Declaration will have the advantage of the provisions of these Covenants,Conditions and Restrictions. NOW,THEREFORE,Declarant subjects the Properties to the Covenants, Conditions and Restrictions set forth in this Declaration. ARTICLE I DEFINITIONS Section 1. "Owners"shall mean and refer to the record owner,whether one or more persons or entities,of a fee simple title to any Lot(see below)which is a part of the Properties,including contract sellers and contract buyers,but excluding those having such interest merely as security for the performance of an obligation. Section 2. "Properties"shall mean and refer to that certain real property described above. Page 1 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS i Section 3. "Lot"shall mean and refer to any plot of land shown upon any recorded partition map of the Properties as a lot and any lot created by further division of said lots. Section 4. "Lien"shall mean and refer to any written document evidencing the amount due and shall be recorded against real property in the County records of Washington County. Section 5. The Homeowners'Association shall consist of Declarant until all of said lots are sold by Declarant and then shall consist of all the Owners of said lots. ARTICLE II INTRODUCTION Section 1. General Declaration. The covenants,conditions and restrictions set forth in this Declaration shall run with and be binding upon the Properties and each lot and tract described above,or any division of any of the Properties and be binding upon the Owners and Occupants and all others acquiring any interest in the Properties, or any portion thereof, including the heirs, successors,and assigns of the Owners and Occupants and such other Persons. These covenants, conditions and restrictions shall inure to the benefit of the Owners and be burdens upon the land enforceable by the Declarant and by all Owners, Occupants,future Owners,and future Occupants. Section 2. Legal Descriptions of T-he-PfeperfteT1hftttre- -Alit: tiA„ ARTICLE III 2002-109978 USES OF THE PROPERTIES Section 1. Uses of Lot. All lots shall be used for single-family residential purposes only and shall be subject to the following restrictions in addition to any other governmental restrictions and requirements: A. Private driveways serving all lots shall be constructed to the weight and design specification required by the city fire marshal and city engineer. Private driveways shall be at least 18 feet wide and shall conform to the standards and conditions for approving flag lots and minor partitions. B. All lots shall have reciprocal easements for ingress, egress,and utilities over the private street, Tract A. C. No lot shall be used except for residential purposes. No building shall be erected, altered or placed on any lot other than one single-family dwelling and private garage. Construction,use and maintenance of buildings and lots shall,at all times,conform to the City of Tigard Zoning and Building Codes requirements. Page 2 -DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11111111111111111111131111111 2002-109978 D. All telephone, electric power service,natural gas and television wire connections shall be placed underground. E. All mailbox design and location standards must be approved by the U.S. Postal Service. F. The improvements upon said lots shall be subject to the City of Tigard building and Planning Codes. G. Once started,construction of all buildings must be substantially complete within six(6)months. No residence may be occupied prior to issuance of any occupancy permit by the City of Tigard. Landscaping must be one hundred percent(100%) installed and completed in those areas adjacent to the access easement and front yard prior to occupancy. The remainder of the property shall be fully landscaped within twelve(12)months of occupancy. H. After the initial sale of each of said lots,no Owner or Occupant shall post any advertisements,posters, or signs of any kind on the Properties except a political sign or a"For Sale"sign placed by the Owner or by a licensed real estate broker,not exceeding eighteen(18)inches high and twenty-four(24)inches long on any lot. I. No trade,craft, business,professional,commercial or similar activity,other than allowed by the City of Tigard Zoning Ordinances,shall be conducted on any lot,or within any structure located on any lot,nor shall any goods,equipment,vehicles,materials or supplies used in connection with any trade, services,or business be kept,parked, stored, dismantled or repaired upon any lot or on any street within the Properties. J. Those Owners or Occupants keeping domestic pets will abide by the City and County sanitary regulations and leash laws and the rules and regulations of this Declaration herein as may be created by Declarant. No animal or fowl of any kind shall be raised,bred,or kept on any lot,except that cats, dogs,birds,or other household pets may be kept provided they are not bred or maintained for any commercial purposes. In any event,they shall not be kept in numbers or under conditions so as to become a nuisance to the surrounding Properties. K. None of said lots,tracts,or adjacent Properties shall be used as a dump for grass,tree leaves,clippings,trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for property disposal. Yard Takings,dirt and other materials resulting from yard maintenance or landscaping work shall not be dumped onto streets or surrounding Properties. Should any Owner or Occupant fail to remove any trash,rubbish, garbage or other such materials from Owner's or Occupant's lot or any street whether deposited by Owner or Occupant within ten(10).days following the date of notification is given to said Owner or Occupant by a neighboring homeowner or Declarant,the neighboring homeowner or Declarant shall have such materials removed and charge the expenses of such removal to the lot Owner_ This prohibition shall not include a well-maintained compost pile on a lot owned by depositor. Page 3 -DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 2002-109978 L. Inoperable cars or other unsightly vehicles shall not be stored on any of said lots,unless screened from neighbors by landscaping or structures approved by the Homeowners' Association. Recreational vehicles,motor homes,large boats likewise shall not be parked or stored in the easement area nor kept on the Properties unless properly housed in an approved structure or behind approved screening. Section Z. Use and Maintenance of Roadway. Tract A is a private street to provide lots access to Bull Mountain Road. Each of the Owners of the lots shall comply with the following conditions and restrictions designed to protect and maintain said private street and to maintain the street lights for said tract: A. Each Owner shall share.in the cost of maintenance of said private street and the maintenance and energizing of the street lights for said street., . B. The Owners of Lots 1 through 3 in the partition plat hereafter called"affected Owners"shall meet at 7:00 p.m. on the second Tuesday in January of each year to elect a Chairperson and review the condition of the private roadway;and discuss any maintenance needs and costs. Special meetings at other times may be called by the Chairperson upon not less than 14 days prior written notice to all parcel owners. C. The affected Owners shall be entitled to one vote per lot in decisions regarding the maintenance of the private roadway,the election of a Chairperson,or changes to this Agreement;except,however, in the case of a tie vote,the existing chairperson shall be entitled to two votes. D. At the meeting held each year,the affected Owners shall elect a Chairperson to represent the affected Owners in all matters regarding maintenance of the private roadway for the coming year. The private roadway shall be maintained to a standard appropriate for all-weather paved roads. Maintenance shall include the roadbed,road surface,shoulders, drainage adjacent vegetation, and the maintenance and energy costs for the street lights for said road. E. The quantity and quality of the work to be performed on the private roadway shall be determined by a majority vote of the affected Owners in accordance with Paragraph 3. above. F. The costs of road repairs shall be apportioned equally among the affected Owners on a per lot basis regardless of frontage,location,or improvements. If an individual Owner shall cause the roadway to be damaged,that Owner shall be solely responsible for the entire cost of repairing the road to the satisfaction of the other Owners within thirty calendar days of the damage. Any payment due from any Owner herein shall be promptly paid and shall bear interest at 10%per annum from the 10th day after it is billed by the committee or its designee to the member for payment. G. The committee may,upon_majority vote of all parcel Owners, adopt reasonable rules for the use of the roadway which are not inconsistent with the easement and fee ownership rights of each Owner. Page 4-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IIIIIIIINIIIIiIilllllllllll 20®2_109978 H. No vehicle or other parking shall be low to sat pnva roadway that unreasonably impedes the use and access of other Owners. No gates shall be installed across the easement unless agreed to in writing by all fee Owners of the easement area and all easement holders. All Owners shall keep all of the roadway free and clear for vehicle and emergency vehicle access. I. Enforcement of this Agreement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate this Private Roadway Agreement,either to restrain violation or to recover damages. In case suit or action or request for arbitration is instituted,the prevailing party shall be entitled to all costs and expenses, including reasonable attorney fees,at trial and upon appeal. The Chairperson,at his or her discretion,may file a statement of claim with an arbitration service. In this event, the decision of the arbitrator shall be binding upon the parties and the fee for the arbitration shall be borne equally by the parties unless the arbitrator determines that the fee should be borne unequally and allocates the fee to a particular party or parties. In the event of a violation or attempted violation of this Agreement,the Chairperson shall also be entitled to recover all costs and expenses, including reasonable attorney fees that shall arise from enforcing any provision ofthe Agreement,even though no suit or action or request for arbitration is instituted. J. All additional lots created as the result of any further partition of any of said lots 1 through 3 of Partition Plat No.2002-068 shall likewise be subject to the terms and provisions of this declaration with respect to street and street light maintenance. ARTICLE IV GENERAL PROTECTIVE COVENANTS Section 1. An Owner,or group of Owners,whose property is threatened by a diseased,rotten,damaged,or overgrown or otherwise hazardous tree or trees,may make written application to the Homeowners' Association requesting that such trees be topped,limbed,or removed. After the Homeowners' Association's review and approval in writing, Owner shall contract to have such approved work after obtaining all required governmental,agency permits or approvals have been granted. The cost for such work shall be borne by the lot Owner or Owners making the request. Section 2. Any construction,grading,and/or construction activity shall not extend past the protective silt fence,once in place,as approved by the planning director of the City of Tigard. Protective fencing must remain in place from the start of grading and/or construction activity through the period of home construction. Once home construction is complete,the silt fence is to be removed. Section 3. Properly line fences. Fences built on or near property lines by or for any Owner of a lot shall be approved by the Homeowners' Association as to materials and color. No fence shall exceed 6 feet in height. Page 5 -DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 2002-109978 Section 4. Exterior House Paint. All residences, ences,an anci ary structures shall be painted with white, gray,beige,pale blue,cream,pale yellow or other reasonably conservative colors compatible with the colors on other lots subject to these restrictions. No loud,garish,or unusual color combinations shall be used. Questions about the appropriateness of exterior paint colors to be used shall be submitted to the other association Owners for approval. ARTICLE V MEMBERSHIP AND VOTING RIGHT Each Owner shall be a member of this Association,and shall remain a member until ownership ceases for any reason. Ownership shall be appurtenant to and may not be separated from ownership of the lot. Each lot shall be entitled to one vote"regardless of the number of Owners of such lot. ARTICLE VI ENFORCEMENT Section 1. Each Owner shall comply with this Declaration. Section 2. The Association shall take prompt action against any violator to enforce provision of this Declaration. In doing so,the Association may exercise one or more of the remedies that are currently specified in this Declaration as well as any other remedies that may be available at law and equity. The majority vote of the Owners is sufficient for any such action. Section 3. In the event that an Owner violates any provisions of this Declaration,the Association shall have the right: A. To enter the lot or tract as to which this violation exists and summarily abate and remove at the expense of the defaulting Owner anything or condition that violates these Declarations. Each Owner hereby waives any claim of trespass against the Association or any Owner acting pursuant to the majority vote of the homeowners. B. To enjoin,abate,or remedy any such thing or condition, including removal or alteration of construction by appropriate legal proceedings. Section 4. An individual lot Owner may bring suit or action to enforce these restrictions. Page 6-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE VII 2002-109978 TAXES AND ASSESSMENTS Section 1. The Owner of each lot within the parcel " shall pay the taxes on all property within that lot. Declarant for each lot Owner hereby covenants that each Owner,other than the Declarant,shall be deemed to covenant and agree to pay to the Homeowners' Association annual and special assessments to be established and collected as hereinafter provided,together with special assessments,late costs, and reasonable attorney fees,shall be a charge on the land and shall be a continuing lien upon each lot against which such assessment is made. Each such assessment,together with interest, ' late charges,costs and reasonable attorney fees,shall also be the personal obligation of the Owner of such lot at the time of the assessment. Section 2. The Purpose of the Assessment. The assessments levied by the Association shall be used by the Association to perform maintenance and"repair provided for herein,and to pay the expenses of the Association,including the following- A. Expenses of maintaining the easement area and common driveway. Costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disaster or other events for which all holders of any interest in the easement are blameless shall be shared equally. Those holders of any interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. Section 3. In the event that an Owner fails to pay an assessment when due,the Association may,after 10 days' written notice declare the defaulting Owner's entire assessment immediately due and payable,and interest shall thereafter accrue at the rate of 12%per annum until paid. Section 4. The Association may bring suit to foreclose the lien against a residential lot,which foreclosure shall include the lot,the graded buffer tract,and the ownership in Tract A of said Owner which shall include all ownership interest of the defaulting Owner in any property subject to these Declarations. The proceedings to foreclose the lien shall conform as nearly as possible to the proceedings to foreclose liens crated by ORS 87.010,except that a lien for unpaid assessments may be continued in force fora period of time not to exceed six years from the date the assessment became due. Section 5. Action to Obtain Money Judgment. The Association may bring an action to obtain a money judgment against an Owner for damages or expenses for the Owner's breach or noncompliance with the provisions of this Declaration. The Association may bring an action to obtain a money judgment for unpaid assessments against the Owner personally obligated to pay the same. An action to recover a money judgment for unpaid assessments may be maintained with or without foreclosing or waiving the lien securing the same. Page 7-DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS - - � IIIIIIIIIIIIIIIiNllillll111 2002-109978 Section 6. Collection Costs and Fees. Owners wboTatTto pay assessments when due shall be obligated to pay reasonable fees and costs including,but not limited to, attorney fees in connection with the Association's efforts to collect the delinquent or unpaid fees, or to enforce any provision of this Declaration,including those incurred at trial or on appeal. ARTICLE VIII GENERAL PROVISIONS Section 1. Waiver. 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. Section 2. Severability. Invalidation of any one ofthese covenants or restrictions by judgment br court order shall in noway affect any other provisions,which shall remain in full force and effect. Section 3. Duration; Amendment. These covenants,conditions and restrictions shall run with and bind,benefit and burden in perpetuity the Property,all Owners and Occupants, and the lessees,invitees,and guests of all Owners and Occupants. Prior to the turnover date,this Declaration may be amended at any time and from time to time by Declarant, provided that Declarant has obtained the prior written approval from the United States Department of Housing and Urban Development and United States Department of Veterans Affairs. Thereafter,this Declaration may be amended only upon the affirmative vote of two- thirds or more of the Owners. In no event shall an amendment under this section change the boundaries of any lot or any uses to which any lot is restricted unless the Owners of the affect lot(s)unanimously consent to the amendment. When the Association adopts an amendment to this Declaration,the Association shall record the amendment in the real property records of Washington County. Any such amendment shall be effective only upon recordation. Section 4. Declarant Not Liable. Neither Declarant nor Declarant's successors or assigns shall be liable to any other person for its enforcement or failure to enforce any provision of the Declaration. Each Owner and Occupant,by acquiring such Owner's or such Occupant's interest in the Property,agrees not to bring any action or suit against Declarant or any successor or assign of Declarant to recover any such damages or to seek any other relief (including equitable relief)by reason of any such enforcement or failure to enforce any provision of this Declaration. DECLARANT: Page 8-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF OREGON ) 2002-109978 )ss. County of Washington ) On this-S!�day of 2002,before me,the undersigned Notary Public in and for the State,personally appeared �r�x r. t,c1 G L( , and acknowledged that the said instrument is his/her free and voluntary act and deed,for the uses and purposes therein mentioned, and on oath stated that ie she is authorized to execute the said instrument. OMCft SE& Notary Public for Oregon CATHERMOWWAIM My Commission Expires: rJ 11�, D3 NOTARY PUBLIC-01PEO N qC(M"SS10NNM3nM MY COMMISSKM EXPIRES MAY 10,2003 c u&na.¢WMWAc u.CURDed"im qOFMALSIM CATHEAINE D W EATIM NOTARY PU81.IC•OREQON COMMISSION NO 322899 MY COMMISSION EXPIRES MAY 1Q2009 Page 9-DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS After recording, return to: George Wall 11620 SW Bull Mountain Road Tigard, OR 97224 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR PARTITION PLAT NO. 2002-068, WASHINGTON COUNTY, OREGON The Declaration of Covenants Conditions, and Restrictions recorded September 20, 2002 as Document No. 2002-109978, is hereby amended as follows: Section 2, "Use and Maintenance of Roadway," is hereby amended by adding the following paragraph: All containers for sanitary disposal, recycled materials, and so forth must be placed on the west side of Tract"A"of said partition plat. Such containers shall be placed for pick up in such a way as not to impede the use and access of other owners and allows for vehicle and emergency vehicle access. DECLARANT: ""a Z-Jx� George all STATE OF OREGON, County of Washington, ss. ri l �� This instrument was acknowledged before me on A r , 2003, by George Wall. ��4 , — Q NOTARY PUBLIC GON OFFICIAL SEAL My commission expi KIMBERLY A GOULD NOTARY PUBLIC-OREGON COMMISSION NO 354063 MY COMMISSION EXPIRES FEBRUARY 28,2006 CAMy Documents\George Wall partition CCR revision.doc W"V 12=20(°"`53:03 °"D°" 2001-133734 lvslnitn w:ss:w ton ME CrOl Stole KOLAOM SUDOS0.!!$11.00-Totid.$4.00 111111111111111111111111111111111111111117340 052 4 Jerty Narcan,triedarer Aaaaomxd end Twtlon � endla-0Itlde GurMy f�edt forWWtlnlean Cawdy, 00 Mnfy eMlrythatfM wlWn klatrumenl al wdtlntl . was naNaad end eeeanted N tM OogM dr«pyeM deny It Mimon,tNnderWAto fnt and TuetNn, h-0Rlde GWIbr Clw*