79-031314 79031314
DECLARATION OF PROTECTIVE COVENANTS
COLONY CREEK ESTATES
Der-Hart Associates, Inc_ an Oregon corporation, and Lutz Development Company, an
Oregon corporation, hereinafter referred to as "Declarant," is the owner of certain
real property in the City of Tigard, Washington County, Oregon, as described herein.
Declarant desires to declare of public record its intention to. create certain
conditions, covenants and restrictions to the ownership of the property.
Declarant hereby declares that all of said property, and all property which shall
become subject hereto, shall be held, sold and conveyed subject to the restrictions,
P� covenants and conditions set forth in this instrument, and that the same shall run
with the real property and be binding on all parties having any right, title or
rn interest in said property or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner as hereinafter defined. Said provisions
N shall be a part of any and all conveyances of property, whether or not set forth or
referred to in such conveyances.
ARTICLE I
Definitions
As used herein, the terms set forth below shall have the following meanings:
1.1 Association means the nonprofit corporation to be formed to serve as an owners'
association as provided in Article VII hereof and its successors and assigns.
1.2 Colony Creek Estates means the land described in Article II hereof, including
the initial development and any property annexed thereto as provided in Section 2.3.
1.3 Declarant means Der-Hart Associates, Inc., an Oregon corporation, and Lutz
Development Company, an Oregon corporation, and their successors and assigns_
1.4 Improvement means a building or structure of any kind, fence, wall, driveway,
swimming pool, storage shelter or other product of construction efforts on or in
respect to land.
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K3l,,', 1.5 Lot means any separately numbered or designated parcel of land shown upon any
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4«m recorded subdivision plat or partition map of Colony Creek Estates, except those
c>,,,= areas on such plats or maps which are common areas, public streets, open space,
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pedestrian or 'bicycle paths, parks, or landscaping areas within cul-de--sacs or other
,,anco streets.
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3 1.6 Owner means the person (including Declarant except where -otherwise expressly
° provided) holding fee title to a lot or holding the vendee's interest under a duly
recorded contract of sale. she rights, obligations and other status of being an
owner commence upon acquisition of such title or interest in a lot and terminate upon
disposition thereof, but termination of cwnership shall not discharge an owner from
obligations incurred prior to termination.
Restrictions indicating a preference,
limitation or disq-1mination based on
race, calor, religion, sex, handicap,
familial status, or national origin are
hereby deleted to the extent such
restrictions violate 42 USG 3604(c),
1.7 Person means one or morenatural persons, and as the context requires includes
corporations, partnerships, trusts and other legal entities.
1.8 These Covenants means all of the limitations, restrictions, covenants and
conditions set forth in this Declaration with respect to Colony Creek Estates, as the
same may be amended and supplemented from time to time in accordance with the pro-
visions of this Declaration.
ARTICLE 11
Property Subject to these Covenants
2.1 Initial Development. The real property described below shall constitute the
initial development:
The property shown as Colony Creek Estates on that certain plat entitled
Colony Creek Estates filed in the Plat Records of Washington County,
Oregon, on the �_ day of uq _ 1979, in Book 617 of Plats
at page . Q
The above-described real property, together with other real property from time to
time annexed thereto and made subject to these Covenants pursuant to Section 2.3,
shall constitute Colony Creek Estates.
2.2 Su_bseauent phases of DeveloM nt. The initial development is part of a total
development planned by the Declarant and approved by the City of Tigard in ordinance
No. 78-83, adopted January 8, 1979. Reference is made to said ordinance and to the
plans thereby approved for a more complete description of the total development..
Insofar as other owners (either in the initial development or in subsequent phases)
are concerned, the Declarant shall have the right, but not the duty, to proceed with
all subsequent phases of development as approved by the said ordinance.
2.3 Annexation of Subsequent Developments. Declarant may from time to time and in
its sole discretion annex to Colony Creek Estates any or all land within the subse
quent phases of development. The annexation of such property shall be accomplished
as follows:
2.3.1 The owner of such property shall record a declaration which shall be
.; executed by or bear the approval of Declarant and shall describe the property to
be annexed, establish any additional or different limitations, restrictions,
Kms.+ covenants and conditions which are intended to be applicable to such property, W
o,wo and declare that such property is held and shall be held, conveyed, hypothe-
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t= cated, encumbered, used, occupied and improved subject to these Covenants.
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2.3.2 The property included by any such annexation shall thereby become a part
zc of these Covenants, and Declarant and the Association shall have and shall
m; accept and exercise administration of these Covenants with respect to such
o property.
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J 2.3.3 A declaration with respect to any annexed area may;
a. Establish such new land classifications and such limitations, restrictions,
covenants and conditions with respect thereto as Declarant may deem to be
appropriate for the development of the annexed property.
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b. With respect to existing land classifications, establish such additional
or different limitations, ,restrictions, covenants and conditions with
respect thereto as declarant may deem to be appropriate for the development
of such annexed property.
ARTICLE III
LAND CLASSIFICATIONS
3.1 Initial DevElopm_ent. All land within the initial development of Colony Creek
Estates consists of private lots and public streets. In accordance With the Develop-
ment Plan as approved by the City of Tigard (Ordinance No. 78-83) , the eeclarant may
construct landscaped areas within the public streets. Such landscaped areas, both in
the initial development and in subsequent phases of the development, shall be
maintained by the Declarant, and after delegation shall be maintained by the Association.
3.2 Subsequent Phases of Develoyment. In subsequent phases of development which may
be annexed to Colony Creek Estates, there may be additional land classifications
including (a) common areas - parks and open space, and (b) pedestrian and bicycle
pathways.
3.3 No Vested Rights in Future Common Areas or Pathwa s. No owner, in either the
initial phase of development or in subsequent phases of development, shall have any
right to require that common areas or pedestrian and bicycle pathways be provided in
phases of development.to be annexed to Colony Creek Estates after acquisition of
ownership of a lot. No person or party purporting to act in behalf of the Declarant
is authorized to represent to prospective purchasers or owners of lots that common
areas or pedestrian and bicycle pathways will be provided in subsequent phases of
development. The provision for common areas and pedestrian and bicycle pathways in
subsequent phases of development shall be a matter strictly between the Declarant and
the City of Tigard (or such other governmental agencies as may have jurisdiction) ,
and other owners shall have no vested right or enforceable expectancy therein.
ARTICLE IV
Private Areas
n 4.1 Use-and occupancy. The owner of a lot within a private area in Colony Creek
n Estates shall be entitled to the exclusive use and benefit of such lot, except as
0 otherwise expressly provided herein, but his lot shall be bound by and he shall -
x,°n comply with the following and all other provisions of these covenants for the mutual
o,wO benefit of all owners of property within Colony Creek Estates.
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W,i^ 4:1.1 Maintenance. Each owner shall maintain the grounds and improvements of
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o'e his lot in a clean and attractive condition and in good repair.
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mg 4.1.2 �acent Common Area. The owner of a lot which blends together visually
o" with any common area shall, if Declarant or the Association elects from time to
the Association to enter upon the lot to
time so to require, permit Declarant or
J perform mowing and other maintenance in connection with the maintenance of such
common area.
4.1.3 Residential_Use. No lot shall be used except for residential purposes,
except that nothing in these Covenants shall be construed so as to prevent a
builder from usinq his lot as a temporary sales model.
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4.1.4 Business and Commercial Uses. No trade, craft, business, profession,
commercial or similar activity of any kind shall be conducted, on any lot, nor
shall any goods, equipment, vehicles, materials or supplies used in connection
with any trade, service or business be kept or stored on any lot, excepting the
right of any homebuilder and the Declarant to construct residences on any lot,
to store construction materials and equipment on said lots in the normal course
of said construction and to use any single family residence as a sales office or
model home for purposes of sales in Colony Creek Estates.
4.1.5 Offensive Activities. No noxious or offensive activ?ty shall be carried
on in a private area, nor shall anything be done or placed upon aay lot wrich
interferes with or jeopardizes enjoyment of other lots or common areas within
Colony Creek Estates.
4.1.6 Animals. No domestic animals of any kind shall be raised. kept or
permitted within private areas other than a reasonable number of household pets
which are not kept, bred; or raised for commercial purposes and which are reason-
ably controlled so as not to be a nuisance.
4.1.7 Signs. No signs shall be erected or maintained on any lot, except that
one "for sale" or "for rent" sign not exceeding 18 inches high and 24 inches
wide, may be temporarily displayed on a lot. This restriction shall not prohibit:
a. One sign indicating the name of the occupants of a residence, not
exceeding one and one-half square feet in size, or
b. 'Temporary placement of "political" signs on a lot by the owner, or
C. The placement of signs identifying "Colony Creek Estates" at or near
the primary entrances to the development, or
d. The temporary placement for not more than 72 hours of "garage sale" or
a similar sign on the lot on which such sale is being conducted.
If the provisions of any applicable law or ordinance governing signs are more
restrictive than these provisions, the requirements of such law or ordinance
4 shall take precedence.
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4.1.8 Parking. Parking or storage of boats, trailers, motorcycles, trucks,
campers, recreational vehicl9s and like equipment for more than 24 hours shall
not be allowed on any part of tate property, except entirely within a garage or
$ carport, and shall not be permitted even within a garage or carport if doing so
-C, will cause the owner's automobile to be parked outside of a garage or covered
W;jjOo carport.
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z; 4.1.9 Vehicles in Disrepair. No owner shall permit any vehicle which is
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inoperable or in an extreme state of disrepair to be abandoned or to remain
° parked upon any lot or on the common area or on any street for a period in
` excess of 48 hours. Should any owner fail to remove such vehicle within five
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days following the date on which notice is mailed to him by the Declarant or the
Architectural Control Committee, they may have the vehicle removed from Colony
Creek Estates and charge the expense of such removal to the owner.
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4.1.10 Rubbish and Trash. No lot or part of the common area shall be used as a
dump for trash or _rubbish of any kind_ All garbage and other waste shall be
Rept in appropriate sanitary containers for proper disposal and out of -public
view. Yard rakings and dirt and other material resulting from ?andscaj.irg W, rk
shall not he dumped onto streets or common areas or any lots. Should any ox5;er
,fail to remove any trash, rubbish, garbage, yard rakings or any such materials
from any lot or any street or common area where deposited by hin within 10 days
following the date on which notice is mailed to him by the Declarant or the
Architectural Control Committee, they may have such materials re:-.owed and charge
the expense of such removal to the owner.
4.1.11 Tc=orary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any
lot at any time as a residence either temporarily or permanently_
4.1.12 Dwelling Size. This paragraph shall apply to detached single-family
dwellings. Later phases of the overall development of Colony Creek Estates may
include lots upon which attached dwellings (duplexes and town houses) will be
permitted. Covenants and restrictions may be adopted for such subsequently
annexed phases permitting -smaller sizes for attached dwelling units. The ground
floor area of a one-story dwelling, exclusive of open porches and garage, shall
be not less than 1000 square feet.. In the case of a two-story dwelling, the
lower or ground floor living level shall be not less than 750_ square feet.
In the event of a multi-level dwelling, the area of the one-story portion and
the area of the upper level of the two-story portion shall constitute a minimum
of _12QO square feet. A split entry or split foyer type home and a daylight
basement home shall have a main floor area of not less than 125()_ square feet-
No building shall be erected, altered, placed or.permitted to remain on any lot
other than one detached single-family dwelling not to exceed two and one-half
stories in height and a private garage for not less than two standard size
automobiles.
4.1.13 Exterior Finish. Theexterior of all.construction on any lot shall be
designed, built and maintained in such a manner as to blend in with the natural
surroundings, existing structures and landscaping within Colony Creek Estates_
Exterior colors must be approved by the Architectural Control Cormittee in
accordance with the provisions of Article V. Exterior trim, fences, doors,
Yrailings, decks, eaves, gutters and the exterior finish of garages and other
accessory buildings shall be designed, built and maintained to be compatible
with the exterior of the structure they adjoin.
o`mo -4.1.14 Exterior Lightinci. 'Any exterior lighting which is visible from any
qt;z street, any part of the conunon area or any other lot in Colony Creek Estates
must be approved prior to installation by the Architectural Control Comarittee in
<Tzo accordance with the provisions of Article V_
r; 4.1.15 Structures in the Common Area. No building, wall, fence, paving, land-
scaping or construction of any type shall be erected or maintained by any owner
so as to trespass or encroach upon the common area, The Architectural Control-
Committee
ontrolCommittee shall have-authority to abate any such trespass or encroachment upon
the common area at any time, by any reasonable means and with or without having
to bring legal proceedings.
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4.1.16 Completion of Construction. The construction of any building on any
lot, including painting and all exterior finish, shall be completed within eight
months of .the beginning of construction so as to present a finished appearance
when viewed from any angle. In the event of undue hardship due to weather
conditions, this provision may be extended for a reasonable length of time upon
written approval from the Architectural Control Committee. The building area
shall be kept reasonably clean and in workmanlike order during the construction
period. All lots shall• be kept in a neat and orderly condition, free of brush,
vines, weeds and debris, and the grass thereon shall be cut or mowed at sufficient
intervals to prevent creation of a nuisance or fire hazard.
4.1.17 Landscape Completion. All front yard landscaping must be completed
within six months from the date of occupancy of the residence constructed
thereon. In the event of undue hardship due to weather conditions, this pro-
vision may be extended for a reasonable length of time upon written approval by
the Architectural Control Committee.
4.1.18, Easements. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure, planting or other material shall be placed or permitted
to remain which may damage or interfere with the installation or maintenance of
utilities, or which maf change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each ,lot and all improvements
in it shall be maintained continuously by the owner of the lot, except for those .
improvements for which a public authority or utility company is responsible.
4.1.19 Fences and Hedges. Site obscuring fences or hedges shall not exceed
four feet in height in the front yard Ior on side lot lines forward of the
building line on the lot. The maximum height of a site-obscuring fence located
on the remainder of the lot shall not exceed eight feet in height. Fences shall
be well constructed of suitable fencing materials and shall not detract from the
appearance of the dwelling house located upon the lot or building site, or be
offensive to the owners or occupants thereof, or detract from the appearance of
the dwelling houses located on the adjacent lots or building sites. All fence
plans must be submitted prior to construction to the Architectural Control
Committee as set forth in Article V.
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n 4.1.20 Tree Removal. No trees with a diameter of. six inches or more, measured
at a height of five feet above ground level, may be removed from those portions
of any lot which lie outside of the building site (including driveway) without
ujWpsprior written approval of the Architectural Control Committee.
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�p*no 4.1.21 Service Facilities. Clothes lines and other service facilities- shall be
fO�¢ screened so as not to be viewed from the street or common area.
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m# 4.1.22 _Antennas, Wires and Utility Services. No outdoor, overheat' wires or
o" service drops for the distribution of electric energy.or for telecommunication
purposes, nor any-pole, tower or other structure supporting such overhead wires
shall be erected or maintained within Colony Creek Estates. All owners of lots
within the subdivision shall use underground service wires to connect their
premises to the electric and telephone utility facilities. No exterior tele-
vision or radio tower or antenna shall be placed or maintained on any building
or lot.
4.1.23 Put to Maintain Certain Adjacent Public or Common Property, The
property between a private lot and the improved portion of the public street
abutting such lot shall be maintained by the owner of the lot in a clean and
sightly condition, free from weeds, brush, debris and obstructions, and in a
manner which continues or harmoniously blends with the landscaping on the lot,
provided that no fences or other structures shall be erected or maintained
outside the boundaries of the owner's lot. Unless the Declarant or the Associ-
ation elects to assume, and thereafter continues to assume, the right to do so,
the owner of a lot shall in like manner maintain the Property between his lot
and the surfaced or improved portion of any common walkways or pat_iways abutting
his lot.
ARTICLE V
Architectural Control Committee
5.1 Architectural Review. No structure, including storage shelters, shall be
commenced, erected, placed or altered on any lot until the construction plans and
specifications and a plat showing the nature, shape, heights, materials, colors and
Proposed location of the structure have been submitted to and approved in writing by
the Architectural Control Committee. It is the intention and purpose of this covenant _
to assure quality of workmanship and materials, harmony of external design with the
existing structures as to location with respect to topography, finish grade elevations
and to avoid plan repetition. The requirements of this section shall not apply to
any structure erected prior to the date upon which this instrument is recorded, but
Shall apply to any alterations of such a structure. In all cases in which
Architectural Control Committee consent is required by these Covenants, the following
provisions shall apply.
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5.1.1 Membership, Ap intment and Removal. The Architectural Control Committee,
hereafter referred to as Committee, shall consist of as many persons, but not
less than three, as the Declarant may from time to time appoint. The Declarant
may remove any member of the Committee from office at any time and may appoint
new or additional members at any time. The Declarant shall keep on file at its
principal office a list of names and addresses of the members of the Committee.
A member of the Committee shall not be entitled to any compensation for services
performed pursuant to these Covenants.
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5.1.2. Ma"or Construction. In the case of initial construction of a dwelling, w
-, the owner shall prepare and submit to the Committee such plans and specifi-
0" cations for the proposed work as the Committee may require. Material required
���� by the Committee may include, but not necessarily be limited to, the following.
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�Z800.. a. A plot plan indicating location of all improvements,
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b. Drawings showing elevations, exterior materials and exterior color I
scheme of all improvements.
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The Committee shall render its decision with respect to the proposal J p p posal within 15
days after it has received all material required by it with respect thereto.
5.1.3 Minor Work. In the case of minor additions or remodeling, change of
existing exterior color scheme or exterior material, fence, greenhouse or
swimming pool construction, or any other work or proposed action which is
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subject to apprcval by the Committee, the owner shall submit to the Committee
such plans and specifications for the proposed work as the Committee determines
to be necessary to enable it to evaluate the proposal. The Committee -shall
render its decision with respect to the proposal within 15 days after it has
received all material required by it with respect thereto.
5.1. 1 Architectural Control Committee Discretion. The Committee may in its
sole discretion withhold consent to any proposed work if the Committee finds
that the proposed•work would be inappropriate for the particular lot or
incompatible with the design standards that Declarant intends for Colony Creek
Estates. Considerations such as siting, shape, size, color, design, height,
impairment of the view from other lots within Colony Creek Estates or other
effect on the enjoyment of other lots or common areas, disturbance of existing
terrain and vegetation, and any other factors which the Committee reasonably
believes to be relevant, may be taken into account by the Committee in determining
whether or not to consent to any proposed work.
5.1.5 Procedure. In the event the Committee fails to render its approval or
disapproval within 30 working days after the requested plans and specifications
have been submitted to it, approval will not be required and the related Covenants
shall be deemed to have been fully complied with.
5.1.6 Transfer of Powers to Association. The Declarant may at any time after
the Home Owners Association is formed transfer to the Association the power to.
appoint and remove the Architectural Control Committee members; or the Declarant
may transfer such right to the Association as to "minor work" as described
above, and retain the right as to "major work" as described above, in which
event there would be two Architectural Control Committees (one committee appointed
by the Declarant for "major work," and a second committee appointed by the
Association for "minor work"). In any event, the Declarant will transfer to the
Association and the Association will accept all rights to appoint and remove the
Architectural Control Committee within 90 days after completion of the initial
construction of dwellings on all private lots, including the lots in subsequently
annexed phases of the overall development.
5.1.7 Liability_. Neither the Committee nor any Imember thereof shall be liable
to any owner, occupant, builder or developer for any damage, loss or prejudice
n suffered or claimed on account of any action or failure to act of the committee
n or a member thereof, provided only that the member has, in accordance with the
m actual knowledge possessed by him, acted in good faith.
0 o 5.1.6 Action. A majority of the members of the Committee Shall have power to
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c,:: act on behalf of the Commi*.tee, without the necessity of a meeting and without
Mx the necessity of consulting the remaining members of the Committee. The Committee
To,. may render its dPcisiors only by written instrument setting forth the action
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io taken by the members consenting thereto.
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0 5.1.9 Nonwaiver. Consent by the Committee to any matter proposed to it and
x within its jurisdiction under these Convenants $hall not be deemed to constitute
j a precedent or waiver impairing its rights to withhold approval as to any
similar matter thereafter proposed or submitted to it for consent.
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5.1.10 Effective Period of Consent. The Committee's consent to any proposed '
work shall automatically be revoked-one year after issuance unless construction
of the work has been commenced or the owner has applied for and received an
extension of time from the Committee.
ARTICLE VI
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Common Areas and Pathways
6.1 Common Areas. The owners of lots within Colony Creek Estates and their
respective invitees shall be entitled to the exclusive use of common areas within the
project, subject, however, to the restriction that the common areas shall be dedicated
for open space and/or recreational uses. The common areas shall not be platted or
otherwise divided into lots for residential use.. Declarant (or, after delegation,
the Association) may establish reasonable rules regulating the use and maintenance of
common areas. Declarant (or, after delegation, the Association), upon approval in
writing of the owners of a majority of the lots and approved by order or resolution
of the City of Tigard, may dedicate or convey any portion of the common areas to a
park district or other public body for open space or recreational use.
6.2. Pedestrian and Bicycle Pathways-. The owners of lots within Colony Creek Estates
and their respective invitees shall be entitled to the exclusive use of areas designated
as pedestrian and bicycle pathways (herein "pathways") for purposes of ingress,
egress and travel on foot or by non-motorized vehicles.' The pathways shall not be
platted or otherwise divided into lots for residential use. Declarant (or, after
delegation, the Association) may establish reasonable rules regulating the use and
maintenance of pathways. Declarant (or, after delegation, the Association.), upon
approval in writing of the owners of a majority of the lots and approval by order or
resolution of the City of Tigard, may dedicate or convey any portion of the pathways
to a park district or other public body which is willing to assume the future mainte-
nance thereof.
ARTICLE VII
Colony Creek Estates Home Owners Association
4 7.1 Organization. Declarant shall within seven years after recording of this
Declaration organize the Association as a nonprofit corporation under the general
nonprofit corporation laws of the State of Oregon. The Articles of Incorporation of
�i the Association shall provide for it; perpetual existence, but in the event the
%s:n Association is at any time dissolved, whether inadvertently or deliberately, it shall
40,�° automatically be succeeded by an unincorporated association of the same name. In
that event all of the property, powers and obligations of the corporation existing
WzfO immediately prior to its dissolution shall thereupon automatically vest in the
, o° successor unincorporated association, and such vesting shall thereafter be confirmed
m6 and evidenced by appropriate conveyances and assignments. To the greatest extent
possible, any successor unincorporated association shall be governed by the Articles
of Incorporation and Bylaws of the Association as the governing 'documents of the
unincorporated association.
7.2 Membership; Votinq. Every owner of one or more lots within Colony Creek Estates
shall, immediately upon creation of the Association and thereafter during the entire
period of such owner's ownership of one or more lots within Colony Creek Estates, be
a member of the Association. Such rr:embership shall commence, exist and continue i
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simply by virtue of such ownership, shall expire automatically upon termination of
such ownership, and need not be confirmed or evidenced by any certificate or accept-
ance or membership. Each owner shall have one vote on all. matters submitted to the
membership of the Association for each lot owned by him. if the ownership of a lot
is held by more than one person, each shall be deemed a fractional owner in proportion
to his interest in the whole lot; provided, however, that if a lot with a dwelling
constructed on it is divided into separate parcels in separate ownerships, the owner
of the dwelling shall be deemed the owner within the meaning of this section.
7.3 Delegation by Declarant. Declarant may at any time and from time to time
delegate, convey or otherwise assign to the Association Declarant's rights, powers
and obligations under these covenants, including but not limited to Declarant's
interest in the common areas and pathways. Such powers and obligations shall there-
upon vest in the Association without the necessity of any acceptance thereof by the
Association. Such delegations, conveyances or other assignments may grant to the
Association authority which is exclusive or which is concurrent with Declarant, and
may be made in general terms or with reference to specific items. Correlative powers
and obligations shall be treated together. The timing and manner of such delegations,
conveyances or other assignments shall be solely within the discretion of the Declarant;
provided, however, that Declarant shall complete the delegation, conveyance or other
assignment not more than to years after the date this Declaration is .recorded. The
responsibility of Declarant under these Covenants•with respect to any property,
powers or obligation shall cease upon the conveyance, delegation or other assignment
thereof to the Association. Any delegation pursuant to this section shall be in
writing executed by Declarant, and may be recorded in the records of Washington
County, Oregon.
7.4 Powers and Obligations. The Association shall have, exercise and perform all of
the following powers and obligations:
7.4.1 The powers and obligations granted directly to the Association by these
Covenants, or granted by such Covenants to Declarant and in turn delegated,
conveyed or otherwise assigned by Declarant to the Association.
7.4.2 The powers and obligations of a nonprofit corporation pursuant to the
general nonprofit corporation laws of the State of Oregon.
n 7.4.3 Any additional or different powers and obligations necessary or desirable
n for the purposes of carrying out the functions of the Association pursuant to
n these Covenants or otherwise promoting the general benefit of owners of property
within Colony Creek Estates.
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The powers and obligations of the Association may from time to time be amended,
' '0s repealed, enlarged or restricted by changes in these covenants made in accordance
o�w with Section 10.1 hereof, accompanied by changes in the Articles of Incorporation or
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�`zo Bylaws of the Association.
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o" 7.5 Liability. Neither the Association nor any officer or member of its board of
= directors shall be liable to any owner or to Declarant for any damage, loss or
prejudice suffered or claimed on account of any action or failure to act of the
Association, its board of directors or any member of its board of directors, provided
only that the board member has, in accordance with the actual knowledge possessed by
him, acted in good faith.
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ARTICLE VIII
Maintenance and Assessments
8.1 Maintenance. Declarant shall install or construct such improvements in the
common areas, pathways and street landscaping as may be required under the aforesaid
ordinance No. 78-83 of the City of Tigard. Thereafter Declarant shall maintain or
provide for the maintenance of said common areas, pathways and landscaped areas
within streets (unless the maintenance thereof is assumed by a public body), until
such time as the Declarant delegates or otherwise assigns its obligatiors of mainte-
nance to the Association as set forth in Section.7.3_
8.2 Maintenance_Assessments. The Association shall assess and collect from every
owner, and every owner shall pay, maintenance assessments sufficient to pay the
Association's expenses, including reasonable reserves, to parform the Association's
obligations and to exercise its powers. No assessment may be levied by the Declarant;
only the Association shall have the power to levy assessments. The annual maintenance
assessment shall riot exceed $40.00 per lot unless increased as provided in Section
8.4. The time of levying an assessment (either a maintenance assessment or a capital
improvement assessment), the notice to be given and the time of payment shall all be
determined by the Association pursuant to its Articles of Incorporation and Bylaws.
No maintenance assessment shall be made with respect to any lot which, as of the date
of assessment, does not have a completed dwelling constructed on it.
8.3 Capital_Improv_ement Assessments. The Association may elect to purchase, construct
or otherwise acquire additional equipment, facilities or other capital improvements
for the general use and benefit of all members of the Association, or for the spCcial
use and benefit of the owners of specified lots.. For that purpose the Association
may impose a special assessment to be called a "capital improvement assessment." A
capital improvement assessment may be levied uniformly against all of the lots within
Colony Creek Estates or uniformly against specified lots which will have the special
use and benefit of the improvement. No capital improvement assessment shall be made
without the written consent of the owners of 80% of the lots to be assessed. No
capital improvement assessments shall be levied against lots owned by the Declarant
without the Declarant's written consent. Expenditures for a particular improvement
of less than $1,000.00 in any given year may be made under the general provisions for
maintenance assessments as set forth in Section 8.2, and are not subject to the
A requirements of this section.
8.4 Maintenance Fund. The Association shall keep all funds received from maintenance
x;'- assessments (together with ani, proceeds from condemnation of any part of the common
00W�° areas and any other funds received by it which are not designated for some other
i>== purpose) in an account or fund to be known as the "maintenance fund" and shall use
3`r"o such fund only for the following purposes:
o:`z
�.Zo�g 8.4.1 Payment of the cost of maintaining lighting, entrance and other signs,
t common areas, pathways, landscaped areas within streeets, and other facilities
° designed to serve the general benefit of the owners.
Y
K
J
8.4.2 Payment of taxes assessed against common areas within Colony Creek
Estates and any improvements thereon.
8.4.3 Payment of the cost of insurance, including insurance protecting the
Committee, Declarant and the Association against liability arising out of their
functions and activities in the administration of these Covenants.
8.4.4 Payment of the cost of enforcing these Covenants.
8.4.5 Payment of the cast of other services which the Association deems to be
of general benefit to owners of property within Colony Creek Estates including
but not limited to legal, secretarial and accounting services.
8.4.6 Payment of the cost of giving notices and informational materials,
corporate fees, meeting costs and similar expenses.
8.4.7 The establishment of reasonable reserves and contingency funds.
8.4.8 In the event any condemnation of a portion of the common areas or the
receipt of other monies should result in a surplus in the maintenance fund not
needed for other items described herein, such surplus shall be divided by the
nirnber of lots in Colony Creek Estates and such amounts shall be paid equally to
the holder of any first mortgage or deed of trust on each lot, or if .none, to
the owner of the lot.
8.5 1djustments. The Association may adjust the amount of the maximum annual,
maintenance assessment in accordance with increases in cost of living, as set forth
in Section 10.3. In addition, in the event the Association deems Che maintenance
fund to be inadequate for the.purposes set forth above, taking into account the need
for reasonable reserves for such purposes, the maximum annual maintenance assessment
provided for by Section 8.2 may be increased on a uniform basis in such amount as is
approved in writing by two-thirds of the owners or approved at a meeting of the .
owners by two-thirds of the owners who are present, in person or by proxy, at the
meeting.
ARTICLE IX
Enforcement
9.1 Violations. If an owner violates any provision of these Covenants or violates
any duly adopted rule regulating the use and enjoyment of common areas and pathways,
the Declarant (or, after delegation, the Association):
4 9.1.1 After giving the owner notice of the violation and a reasonable opportunity
to be heard, may impose a fine not to exceed $40.00 foi each such violation.
M
n
;n 9.1.2 For violation of obligations relating to common areas and pathways, may
suspend or restrict the owner's right to the use and henefit of such common
areas or pathways for a period not to exceed eight months for each such violation.
f=U 7
4_- 9.1.3 If the owner fails or refuses to remedy a violation within sixty days
after delivery of written notice and demand, may cure the violation by removing,
�9° altering, repairing or changing the offending condition, and in connection
therewith may enter upon. the owner's lot in a peaceable manner without being
° guilty of trespass. The entire cost of such work shall be paid by the owner
upon demand, and if not so paid may be :imposed and enforced as a lien on the
owner's lot in the manner set forth in Section 9.2.
-12-
9.2 Default in Payment. Each charge levied pursuant to these Covenants (including
maintenance assessments, capital improvement assessments, fines, and charges imposed
for remedying violations pursuant to Section 9.'.1.3) shall be a personal debt and
obligation of the owner against whom the charge is made. Sale or transfer of the lot
by the owner shall not release him from personal liability. If the owner fails to
pay such charge or any installment thereof when due, the owner shall be in default,
and the charge may be imposed as a lien upon the lot or lots of the owner upon
recordation by the Declarant or the Association of a Notice of Lien. Such liens
shall be subordinate to the lien of any mortgage or trust deed upon such lot or lots
which was made in good faith and for value and which was duly recorded Irior to the.
recordation of the Notice of Lien. The Association (or, prior to delegation, the
Declarant) may commence proceedings to foreclose any such lien at any time within one
year after recordation of the Notice of Lien.
9.3 Enforcement by City of Tigard. The provisons of these Covenants relating to the
preservation and maintenance of common areas and pathways shall be deemed to be for
the benefit of the City of Tigard as well as the Declarant and the owners of lots
within Colony Creek Estates. The City of Tigard may enforce such provisions by
appropriate proceedings at law or in equity.
9.4 Expenses and Attorney's Fees. In the event of any suit or action to enforce
these Covenants or by reason of the breach hereof, brought by an owner, by the
Association or by the Declarant, the prevailing party shall be entitled to recover
all costs and expenses incurred in connection with such proceedings, including
reasonable attorney's fees at trial and upon any appeal; and, in the event of proceed-
ings to foreclose a lien for unpaid charges imposed hereunder, the costs, expenses
and attorney's fees, including the cost of a foreclosure title report,`shall be
recoverable as a part of the obligation secured by the lien.
9.5 Election of Remedies. The remedies provided for in these Covenants are not
intended to be mutually exclusive. All remedies may be exercised concurrently or
successively. The remedies provided for herein are not exclusive but shall be in
addition to all other remedies available at law or in equity, including but not
limited to the right of a individual owner to bring proceedings in his own name and
behalf.
a ARTICLE X
n
n
Miscellaneous Provisions
n
xx�g 10.1 Amendment and Repeal. These covenants may be amended or repealed at any time,
o``o subject to the following conditions:
YI YID
c.z 10.1.1 Such amendment or repeal shall become effective only upon the recordation
i`zo of a duly acknowledged document or documents setting forth the action taken,
l~-0executed by the required parties.
a
° 10.1.2 No amendment or repeal which would result in a violation of the pro-
visions of the City of Tigard Ordinance No. 78-83 relating to the use and
J
maintenance of common areas and pathways or the duty to pay for maintenance
therr_of shall he effective without the written consent of the City of Tigard (or
the governmental agency which then has jurisdiction over land use matters within
Colony Creek :states).
-13-
1-3
10.1.3 Within the first ten years after the recordation of these covenants
while the Declarant still owns lots within Colony Creek. Estates, no such amend-
ment or repeal shall be effective unless approved in writing by the Declarant.
10.1.4 No such amendment or repeal shall be effective unless approved by the
owpers of not less than 75% of the lots within Colony Creek Estates.
10.2 Duration. These Covenants shall be effective and shall run with the land for
an initial period of 20 years after the date on which these Covenants are first
recorded. Thereafter these Covenants shall continue to be in full force and effect ,
for successive additional periods of 10 years each.. The continuation from the
initial or any additional period into the next successive period shall be automatic,
and without the necessity of any notice, consent or other action whatsoever; provided,
however, that these Covenants may be terminated at the end of the initial or any
successive period by written action taken prior to the intended termination date in
the same manner as provided for in Section 10.1 for the amendment or repeal of-these
Covenants,
10.3 Cost of Living Adjustments. The dollar amounts set forth in Sections 8.2. 8.3
and 9.1.1 may in the discretion of the Association be increased proportionally to the
increase occurring annually after January 1, 1979, in the Consumer Price Index of the
United States Department,of Labor, Bureau of Labor Statistics for the Portland,
. Oregon, metropolitan area (or the successor of. such index).
10.4 Construction, Severability, Captions. These Covenants shall be liberally
construed as an entire document to accomplish the purposes hereof. Nevertheless,
,each provision shall be deemed independent and severable, and the invalidity or
partial invalidity of any provision shall not affect the validity or enforceability
of the remainder. .Failure to enforce any covenant or restriction herein contained
shall not be deemed a waiver of the right to do so thereafter. Unless the context
requires otherwise, all necessary grammatical changes shall be implied in these
Covenants so that the masculine, feminine and neuter genders are interchangeable, as
are the singular and plural numbers. The captions and section titles used in these
Covenants are intended only as a reference guide, and shall not control or limit the
meaning of the text.
m 10.5 Notices. Any notice permitted or required by these Covenants shall be in
writing, and may be given by personal delivery or by mail. Mailed notice shall be
n
deemed given two days after it is deposited in the Post Office by first.class,
W certified mail, return receipt requested. An owner shall have the ongoing duty to
;iv keep the Declarant and the Association advised of his address for receiving of
p;no notices. Therefore, the name and address of an owner as shown on the current records
W` f
>�Z of the Washington County Assessor's office shall be deemed adequate for the mailing
'_'"o' of notice unless an owner has notified the Declarant (or, after the Association has
°oo been organized, the Association) in writing of a different name or address for the
`AW purpose of giving notices.
a _
0
J
-14-
i
Ila :+WITNESS VMEREOr, Declarant has executed this declaration this day of
.lr: .. 1979.
DER-11ART ASSOCIATES, ,INC., LUTZ DEVELOPMENT COMPANY,
an Oregon corporation an Oregon/C/orporat�ibn /
13 By
Its_ \v �/ ;� %lair', _ Its—
STATE OF OREGON )
ss.
•)unty of
On the J�k day of _ � 1979, personally appeared before me
who, being duly sworn, did say that he is the
SLS
c-•.• `tom of DER-HART ASSOCIATES, INC., a corporation, and that said instrument
was si;nM in t)ehalf of said corporation by authority of its board of directors; and
he acknowledged said instrument to be its voluntary act and deed..
Notary Public for Oregon
Aly commission
STATE OF OREGON )
ss.
County of
On the 1�_ day of _ 1979, personally appeared before me
�,�• 1 f-�':r,�•�k who, being duly sworn, did say that he is the .
of L1iTZ DEVELOPMENIT COMPANY, a corporation, and that said
instrument was signed in behalf of said corporation by authority of its board of
directors, and he acknowledged said instrument to he its voluntary act and.deed.
Notary Public for Oregon
Aly commission expires: /,!I
C JJ
l
-,!A
STATE OF OREGON
u-4 , County of Washington
a.,x
n i m v 1, Roger Thomssen, Director of Records
c a _ and Elections and Ex-Officio Recorder of Con-
0: veyances for said county,do hereby certify that
the within instrument of writing was received
r and recorded in book of records of said county
3
C ROGER THOMSSEN.Director of
Records& Elect ons
J
-15-
8101501
FIRST SUPPLEMENTAL AMENDKENT
DECLARATION OF PROTECTIVE COVENANTS
FOR
COLONY CREEK ESTATES .
Der-Hart Associates and Lutz Development Co. , owners and
declarants of a certain tract of land known as Colony Creek
Estates, having been recorded in Book 47, Page 19;
And for which said tract of land has been placed of record
a Declaration of Protective Covenants in Document No. 79-
031314 of records for Washington County on August 6, 1979.
Document No. 79-031314 is supplemented as follows:
ARTICLE XI
PARTY WALLS
Section 1. General Rules of Law to Amy. Each wall
which is built as a part of the original construction of multi-
family homes upon the Properties andplaced on the dividing
line between the Lots shall constitute a party wall, and, to
the extent not inconsistent with the provisions of the 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.
Section 2. Sharing of Repair and Maintenance. The cost
or reasonable repair and maintenance of a party wall shall be
shared by the Dwners who make use of the wall in proportion to
such use. The word "use" as referred to in this Article leans
ownership of a dwelling unit or other structure which incorporates
any part of such wall.
Restrictions indicating a 'preference,
limitation or discrimination based on
race, calor, religion, sex, handicap,
familial Status, c:.)r national origin are
hereby deleted to the extent suCh
restrictions violate 42 USC 3604(c).
Section 3. Destruction by fire. or Other CasV!1! ►.
If a party wall is destroyed or damaged by fire or other casu-
alty, any owners who have 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 owner repairing or reconstructing a
party gall shall have the right of access over the adjacent
Owner's lot to the extent reasonably necessary to effect the
repair or reconstruction.
Section 4. weathejEroofinL. 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 costs of furnishing the necessary protection
against the elements.
Section S. 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.
Section b. Uniformity of Color and Decor. Any paint or
stain applied by an Owner to the exterior walls of any improvement
sharinIg a party wall as defined in this article shall be of the.".`
same color and decor as the color and decor applied to such
improvement when it was originally constructed in order to
maintain uniformity of color and decor among all i.mprorcaents
Page 2
sharing the party wall, unless all Owners sharing the party wall
agree otherwise. Such agreement shall be suHject to Architectnrai
Control Committee approval and shall be considered "minor" work as
defined in Section 5.1.3 Article V hereof. The color, decor, and-
type of any roofing material, placed by an Owner on any improvesont
sharing a party wall as defined in the article shall be of the
same color, decor, andtype of roofing material used on such
improvement when it was originally constructed in order to maintain
uniformity of color, decor, and type of roofing material among all
improvements sharing the party gall, unless all Owners sharing the
party wall agree otherwise. Such agreement shall be subject to
Architectural Control Committee approval and shall be considered
"minor" work as defined in Section 5.1.3 Article V hereof.
Section 7. Arbitration. In the event of any dispute arising
concerning a party, wall, or under the provisions of this Article,
each party shall choose one arbitrator, and such arbitrators shall
choose one additional arbitrator, and the dispute shall be arbitrated
by the arbitrators so designated. The decision shall be by a
majority of all of the arbitrators and shall be binding on all
parties thereto, their heirs and assigns.
DER-HART ASSOCIATES, INC. LUTZ D NT CO.
it
Date Dater
Page 3
STATE OF OREGON ]
ss.
County of Washington)
On this day of , 1981, personally
appeared before me Jeffrey J. ire who, being sworn, does
say that he is the President of DER-HART ASSOCIATES, INC. ,
an Oregon Corporation, and that said instrument was signed in
behalf of said corporation; and he acknowledged said instrument
to be his voluntary act and deed.
Notary is Oregon
My Commission Expire;
",•_►� c-
STATE OF OREGON )
) ss.
County of Washington)
On this day of , 1981, personally
appeared before me Killip :u -ar w o, being sworn, does
say that he is the President of L TZ DEVELOPMENT CO. , an
Oregon Corporation, and that said instrument was signed in
behalf of said corporation; and he acknowledged said
instrument to be his voluntary act and deed.
h,
Notary xc or Son
r My Commission Expires
_�-3� srwn of owMtoaM
10
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of GoF
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40
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All` 'h7 TEs
MCLARATICAI Cr P11MNCIIIVE WMANTB
POR COUM C1tM ssTATES r
The original conditions and restrictions as rwcorded in Records of `
washi.ngton County Oregon, toe locket wo. 79031334, are hereby amended as
fnilaWss
with regard to section 4.1.13 these changes shall hereby be made.
Article IV, Paragraph 4.1.13, the first sentence reading "This paragraph
shall apply to detached sigma-family dwellings." is repealed and amended
to reads "This paragraph shall apply to building lots whose rise is
5,500 owsare feet or more."
• These amsmdsnts are made as per the original instructions which state that
these champs may be wade if the declarants interest exceeds 75% ownership
of Colony Creek sautes. The declarants interest combined with the interest
of tha aware as per the attached consents, marked exhibits "A" thru "T" re-
preavat an interest in excess of the required 75%.
ill WIMMS WRRRXW, declarant has executed these amendments this 17th day
of OW 1961.
TITAN Pi�ssT
mew w.
1
STATE OF OREGON,
M.
County of. ..Washington On this 17th day MAY 1982
before tns appeared STEPHEN A. B n xl
. ... both to me personally known,who te,ng
duly mwarn,did may that he,the said STEPHEN A. BLEAK
is the President,sed he, the said
is the Secretary of TITAN PROPERTIES CORPORATION
the villin nsessd Corporation,and that the see/affixed to said instrument is the corporate seal,>!saed Cortwrs
i timet,sued that the said iratrumeW was signed and seated in behalf of said Caporeti n by auttwmnt,at if.8a,ard
of Dirrttots, and. STUB= A. BLEAK and 1
arAnevied4e said inabumew to be the leer act and deed of said Corporstiun.
m TE9TlfilONy WNERSOF,l have,hereunto ser my harks and Ali,:-I
. � my ...-,..--••--
Notary Public h'v 0"*
• mfr comrniation expires 3-2'94,
► - 7
h A.
an
TDs Titan Properties Corporation
2201 NE Cornell Road
illsboro, Oregon 97123
rROM A �,�q 1
Property ner of Lot
Colony Creek Estates
i
As property owners of record of Lot - I , Colony i
Crack estates, we agree to the proposed amendment
to the Declaration of Protective covenants for
Colony Creak Estates as follows:
Article IV, Paragraph 4.1.12, the first sentence
reading "This paragraph shall apply to detached
single-family dwellings." is repealed and amended
to reads `This paragraph shall apply to building
lots whose size is 5,500 square feet or more.*
r rty signature
Restrictions indicating a preferbnce,
limitation or discrimination basod on
race, color, religion, sex, handicap,
familial status, or national origin are
hereby deleted to the extentsuch
restrictions violate 42 USC 3604(c).
ZXHIDrT *A"
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9 �
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April 12, 1982
TO* Titan Properties Corporation
2201 ME Cornell Road
Hillsboro, Oregon 97123
FROM: Der-Hart Associates, Inc
P.O. Box 1217
Lake Oswego, Oregon 97034
r
As property owners of record of Lots 2,3,9,10,21,
22, and 26 Colony Creek Estatos. we agree to the
proposed amendment to the Declaration of
Protective covenants for Colony Creek Estates as
follows:
Article IV, Paragraph 4.1.12, the first sentence
reading *This paragraph shall apply to detached
single-family dwellings.• is repealed and amended
to reads "This paragraph shall apply to building
lots whose size is 5,500 square feet or more."
Property• r ignature .
z
Date s P.
EXURIT 'A'
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XV� •.•
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April 12, 1982
r
TOS Titan Properties Corporation
2201 NE Cornell Road
8illsboro, Oregon 97123
PROMs Eric Schlann
8405 SW Colony Creek Court
Tigard, Oregon 97223
As property owner* of record of Lit 4, Colony '` "� ,;
Creek Estates, we agree to the propoeed amendment
to the Declaration of Protective covenants for
Calogy Creek Estates as follows%
Article IV, Paragraph 4.1.12, the first sentence � .
reading *This paragraph shall apply to detached 14,
single-family dwellings." is repealed and amended
to reads "This paragraph shall apply to building
lots whose size is 5,500 square feet or more.'
1 ;
r
P arty er signature
r
RUMM me,
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r
4
W'4wt
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attant i P f
r�aF4d N"' 1
r a+
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April 12, 1982
TO$ Titan Properties Corporation
2201 HE Cornell Road
gillsbora, Oregon 97123 '
PROM: Mark i Carol Jeffers
8400 Colony Creek Court + 7k
Tigard, Oregon 97223
As property owners of record of Lot 25, Colony r. .r
Creek Estates, we agree to the proposed amendment ;°, ,
to the Declaration of Protective covenants for
Colony Creek Estates as follows:
Article IV, Paragraph 4.1.12, the first sentence
reading "Tbis paragraph shall apply to detached
single-fasiily dwellings." is repealed and amended c' +
to reads *This paragraph shall apply to building a`
lots whose cis* is 5,500 square feet or more."
*v
P rtp Ow ex ignatur!
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S
April 120 1982
TOs Titan Properties Corporation
2201 NE Cornell Road ;i.
Hillsboro, Oregon 97123
PROMS Debra Mode
8285 SN Colony Creek Court t> "
Tl and Or e',..
g , Oregon 97223
As property owners of record of Lot 12, Colony t ��,,
Creek Estates, we agree to the proposed amendment
to the Declaration of Protective covenants for K ' r
Colony Creek Estates as follows: ,1 `, '
/ Article 1V, Paragraph 4.1.12, the First sentence
reading •This paragraph shall apply to detached
single-family dwellings.• is repealed and amended
to read: 'This pecagraph shall apply to building
lots whose sire is 5,500 square feet or more." »` ,"• ''n.. �
w
Pr ope r signature
t
r
Date.
9
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-
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April 12, 1982
TO: Titan Properties Corporation
2201 NE Cornell Road
Hillsboro, Oregon 97123
tRom, Paul a Erma Seward
6365 SW Colony Creek Court
Tigard, Oregon 97223
As property owners of record of Lot 7, Colony
Creek Estates, we agree to the proposed amendment +r
to the Declaration of Protective covenants for
Colony Creek Estates as followsz
Article IV, Paragraph 4.1.12, the first sentence
reading •This paragraph shall apply to detached
single-family dwellings." is repealed and amended
to read: "This paragraph shall apply to building
lots whose Bile is 5,500 square feet or more."
w`
Pro erty owner signature
ca" wrw,M.,, m,
11� QZ� {
Datt ")'/ rd
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and i111h.p.MMA�M�eny[7
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84033750
)
ANNEXATION OF PROPERTY
TO THE
DECLARATION OF PROTECTIVE COVENANTS
FOR COLONY CREEK ?STATES
Pursuant to the DECLARATION OF PROTECTIVE COVENANTS
FOR COLONY CREEK ESTATES Article It paragraoh 2.3. 1 Titan
Properties Corporation the owner of Colony Creek Estates No.
herebv annexes Coionv Crook Estates No. 2 to the
DECLARATION OF PROTECTIVE COVENANTS FOR COLONY CREEK
ESTATES. The property annexed is described as follows:
COLONY CREEK ESTATES NO, 2 reolat of a portion of lots 2 & 3
Wilson acres NE 1/4 section 11 & NW 1/4 section 12. T. 2 S.,
R. I W. , W. M. City of Tigard Washingtoin County Oregon.
The property thus annexed is held and shall be he1j,
conveyed, hypothecated, encumbered, assn acculrfed and "
improved subject to these covenants with the exception that
1 paragraph 4, 1. 12 is hereby deleted and not made a part of
the protective covenants for Colony Creak Estates No. 2 or a
M subsequent annexations of property.
IN WITNESS WHEREOF, declarant and owner has executed
this annexation declaration this 24th day of August 1984,
TITAN P OPERTIE CORPORATIJN
ByAr
_
S,; hen'A.
President
STATB OF OREGON.
sa. h
county cif.......... ti.� ?R.......... On this a�y�....day of. A. �.,�j . ........,
before ow eppeared. .�r.Q.la�,n...A. l� o� k-............. ... . ... ....... .... and
......... ... .... .... .. . .... .
......be"%-to rine peraonelly known,who bran?;
duly sworn, did asy that he, the acid......... 'i's �1.br► •...� �--...-.................
is tha.s MMFO'Presidant, a++d-hr,-tM- --if
., .........
................
.. .............ot........T.!.f#++.. .apwe.+..�+ ..�.or���ai.r ...........
the within namai Corporation,and that thhe&W affixed to acid irrstru~t is the corpora$&card of said Corpora.
o,&M tWt the said;npt{u o t�.l�.sit ed k sWed in behalf of card Corpora
� 5�a tion by wthoriq+d its
end... ..
�e i etrunont to be the free act and deed of Corporal
• } '= 1N raST/llt{ONY ME);x0F,I _he t and affixed
ficial day d written.
AV. f
✓ , ;� ''_ N Pubac for Orden.
iry Cantmesion expia.. f
......
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77
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Restrictions indicating a preference,
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limitation or discrimination based on
race, color, religion, sex, handicap,
tamilial status, or national origin are
rl; hereby deleted to the extent such
restrictions violate 42 USC 3604(c).
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FIRST SUPPLEMENTAL AMENDMENT
DECLARATION OF PROTECTIVE COVENANTS
FOR
COLONY CREEK ESTATES
�K Der-Hart Associates and Lutz Development Co. , owners and
�y declarants of a certain tract of land known as Colony Creek
7 Estates, having been recorded in Book 47, Page 19;
And for which said tract of land has been placed of record
a Declaration of Protective Covenants in Document No . 79-
031314 of records for Washington County on August 6, 1979.
Document No. 79-031314 is supplemented as follows:
ARTICLE XI
PARTY WALLS
Section 1 . General Rules Law to Apply. Each wall
which is built as a part of the original construction of multi-
family homes upon the Properties andplaced on the dividing
line between the Lots shall constitute a party wall , and, to
the extent not inconsistent with the provisions of the 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.
t Section 2. Sharing of Repair and Maintenance. The cost
` + or reasonable repair and maintenance of a party wall shall be
shared by the Owners who make use of the wall in proportion to
such use. The word "use" as referred to in this Article means
ownership of a dwelling unit or other structure which incorporates
any part of such wall.
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AAI -G AN 9
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Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or other casu-
alty, any Owners who have 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
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acts or omissions. The Owner repairing or reconstructing a
party wall shall have the right of access over the adjacent
Owner's lot to the extent reasonably necessary to effect the
repair or reconstruction.
Section 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 costs of furnishing the necessary protection
against the elements.
Section 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.
Section 6. Uniformity of Color and Decor. Any paint or
stain applied by an Owner to the exterior walls of any improvement
sharing a party wall as defined in this article shall be of the
same color and decor as the color and decor applied to such
improvement when it was originally constructed in order to
maintain uniformity of color and decor among all improvements
Page 2
I
i}. ter . �� ��5�' I�, ..t �n r . . �t ' .. N AN 31
,y + 1981 MAY -4 9:
sharing the party wall, unless all Owners sharing the party wall
agree otherwise. Such agreement shall be subject to Architectural
Control Committee approval and shall be considered "minor" work as
defined in Section 5.1 .3 Article V hereof. The color, decor, and
type of any roofing material, placed by an Owner on any improvement
sharing a party wall as defined in the article shall be of the
same color, decor, andtype of roofing material used on such
improvement when it was originally constructed in order to maintain
uniformity of color, decor, and type of roofing material among all
improvements sharing the party wall, unless all Owners sharing the
party wall agree otherwise. Such agreement shall be subject to
Architectural Control Committee approval and shall be considered
"minor" work as defined in Section 5.1.3 Article V hereof.
Section 7. Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this Article,
each party shall choose one arbitrator, and such arbitrators shall
choose one additional arbitrator, and the dispute shall be arbitrated
by the arbitrators so designated. The decision shall be by a
majority of all of the arbitrators and shall be binding on all
parties thereto, their heirs and assigns.
{{ DER-HART ASSOCIATES, INC. LUTZ DEPMENT CO.
�1
BY
ie
Date s—/— Yl Date
.x
.r1
Page 3
pARI -4 AN 9' 31
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M�nna•:.an,m."
STATE OF OREGON )
ss.
County of Washington)
On this /E'`f day ofA. 4 1981, personally
r' appeared before me effrey J. H;prtiieb who, being sworn, does
say that he is the President of DER-HART ASSOCIATES, INC . ,
an Oregon Corporation, and that said instrument was signed in
behalf of said corporation; and he acknowledged said instrument
n: to be his voluntary, act and deed.
peke �'L f:Cd�Cet�
E. oA—tary—P'Tlic foT Oregon
My Commission Expires
S
i
STATE OF OREGON )
ss.
County of Washington)
On this - /=r- day of 1&,j_GAj 1981, personally
appeared before me me Phillip G. Mul*ard__wTFo_, being sworn, does
say that he is the President of L' TZ DEVELOPMENT CO. , an
Oregon Corporation, and that said instrument was signed in
behalf of said corporation; and he acknowledged said
instrument to be his voluntary act and deed.
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i � C,C�'e-CtuG pu��`C cGft
Notary ary u is tor r on
My Commission Expires'=SLS
STATE OF OREGON
CccCC�
county of wsrhington SS
I, Roger Thomason, Director of Records
and Elections and Ex-Officio Recorder of Con•
v tyancos for said county,do hereby certify that
the within instrument of writing was received
and
recorded in book of records of said county.
ROGER r Page 4 Records fk Elections
n ,Director al
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a L,; ;,; ; AN ° 37
c ;i 4.0 It �-4.1 w j 1. 1981 ►IAY -4