SDR27-79 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
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.' ` ),, ,,,GWAVE'"i r,MEADDWS DUPZiEX1, 1 '
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CYNTHIA L. BARRETT, P.C. ''' ..,.. ..."1-4, ! ,
ATTORNEY AT LAW 7 L:
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, 4013 WOODLARK SUILDING ............
• 813 S,W,ALotri STR.ter
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• POFrrLAND, OREGON 97205 h.
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(503) 223-6121
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, June 18 , 1981
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Mr. xobert Thompson ,////'
, Public Works Inspector •
P. 0.Bo. zla*------------_____.,
T .rd, Oregon 97223 ,
• . „. Re: Waverly Meadows Subdivision
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. Dear ' ..:...,.:-. -z-- .
We talked recently about two items: $1,000 to be held in •
. escrow for use by the City for removal of the temporary
* exit onto S. W. Bonita Road from S. W. 80th Place, and -
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construction of a bikepath. my clients would bc glad to
post a cash bond in the amount of $1,000 at an escrow .
• company or bank of the City' s choice, to cover the cost
of removing the temporary exit. We ask that you set a
• reasonable time limit on completing the work, and allow
:1 for a refund of amount unexpended after the reasonable
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time has expired.
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We are more concerned about the City' s suggestion that
• a bikepath be built. When the plans were originally aPproved,
•. the City wanted a bikepath. We set up a bikepath easement
along the suggested route. As the development went on
one of the City engineers agreed with my client that building
• a bikepath on the suggested location was almost impossible.
It was our impression that the City dropped the need for a
• bikepath because the subsequent punchlist from the City
'. omitted any reference to a bikepath. Recently, the issue of
• a bikepath has been reborn and your most recent suggestion
, . on May 28, 1981, was to secure yet another easement from the
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Homeowners Association for a bikepath in another location.
• My client has resigned from the Homeowner Association, and
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we have no control over their wishes with regards to a
bikepath. You suggested during our telephone conversation
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' that my client co wider a variance removing the bikepath ,
L requirement. We will discuss this with the Homeowners
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' 1,X Association. '
My clients want to release their overall bond for thi s 1
subdivision. 7:the only remaining problem8 are posting this
\ , $1) 000 bond and the newly resurrected bikepath issue. I ,
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Mr. Robert Thompson
June 18, 1981
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would appreciate your help in resolving these problems as soon
as possible. t
Very truly yours,
Cynthia L. Barrett
CLB/j v
cc: Waverly Construction Co,
Arista Estates, c/o John Caldwell
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• Ed Sullivan, City Attorney
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Planning Commission, Tigard
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MEMORANDUM
FROM: AI,DIE HOWARD FEBRUARY 12, 1980 i,„.
TO: BUILDING DEPARTMENT
SUBJECT: WAVERLY MEADOW ND PICKS LANDING
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Pursuant to Article. Viii, ,Restrictions, of the Covenants, Conditions
and Restrictions for Pick's Landing and Waverly Meadows Sections
2, 3, 'and 4 are approved as setbacks in lieu of the Tigard Municipal
Code.
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' TII ARD CITY OF TIGARD •
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P.O. Box 2.3.397
12420 S.W. Main
Tigard,Oregon 97223
June 11, 1979
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JUN 3 1 1979 .
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Melvin G. Waymire, Jr.
I " 9725 SW Murdock CITY OF 'TIGARD
PLANNING DEPT,
Tigard, Ore. 97223
Re: SDR 27-79 - Waverly Meadows Duplex
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. Dear Mr. Waymire:
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Please be advised that the Planning Director on June 11, 1979 approved
your request for site plan and architectural review of the above referenced
project.
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, This approval im subject to the following conditions:
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1. That the duplex be shifted to the west to allow for equally sized I
-j.. yards for the units. )
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,4 2. That the entrances be visualiy separated and landsc(iping added for
: screening.
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3. That the walkway be moved out from the building , 1
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4. That a floor plan be submitted to design. review.
5. That the revised plans be approved by design review.
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..: 6. The street tree plan as approved shall be adhered to. The applicant I
/ 1. may substitute different species if approved by design review. 1
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t 7. No changes will be made to approved plans or specifications unless 'e,ormal H.
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application is made to the appropriate department and changes are approved
by that department. Application for changes will be made in writing and
-c shall include applicable drawings, engineering specifications and other ,
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. details requested by the department. No construction shall take place
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deviation from this condition will result in the immediate posting of a
stop work order on he project or any portion of the project.
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If we can be of any further assistance, please do not hesitate to contact this
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office at 639-4171.
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cc: Ar Estates,states, Inc. .- '' / , 1
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am/pjr Itilary Mackenzie, Assistant Planner
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Page 2 SDR 27-79 June 11, 1979
Melvin Waymire, Jr.
Note: The following acknowledgment must be received by the, City of Tigard
within fourteen (14) days of your receipt of this letter. Failure
to return this acknowledgment may result in action by the City of
Tigard.
I hereby acknowledge this letter documenting the action of the Tigard Planning
Department. I have received and read this letter, and I agree to the decision
here documented and to abide by any terms and/or conditions attached.
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ignature late .,
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JUN : 1979 w �I!
CITY OF TIGARDJ
PLANNING DEPT,
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CITY OF TIGARD
P.O.Box 23397
12420 S.W.Main 1
Tigard,Oregon 97223
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t May 24, 1979
,A
Mr. Melvin G. Waymire
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14495 S.W. SOth, glace
• Tigard, Oregon 97223 '•
Re: Request for setback of Lots 1 and 45 of the Waverly Meadows Project
(ZC, 30-77 and S 20-77) to twenty feet side 'yard
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Dear Mr. Waymire:
Please be advised that you are hereby authorized to place lots l 'und
45 of the above referenced project twenty feet from the ert y line
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adjacent to the northern boundary line of S.W., Bonita. c
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This action is authorized under Section 18.56,160 of the Tigard
Municipal Code and it modifies condition number 6 of the zone change
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approval dated January 18, 1978 and condition number 9 of the Subdi.visiori
approved of June 7, 19780 i
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If you have an further questions please contact me. G'
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,Aldie Howard {„
Planning Director,
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cc: Ed Walden 1,
Cen Selby QI
file 8-2077
ZC I30,,.,77
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STAFF REPORT
v City of Tigard
' 12420 SW Main Stn
Tigard, Oregon
June 11, 1979
Docket: SDR 27.79 • Waverly Meadows Duple,
Applicant: Melvin Go Waymire, Jr.
2 yak,'. Request: For Design Review of a duple
Previous Actp.ons
On January 9, 1978. City Council approver"t the zone change for the subject
parcel to R-7 Planned Development. On June 7, 1978 the City Planning Y'
Director approved a subdivision plat for the same parcel with the following
applicable requirements:
Conditions 1-12: See attached letter to Mr. Kenneth I„ Waymire June
7, 1978 and letter from. the Planning Director revising condition number 6.
Site Design Review:
The applicant is proposing to construct a duplex on Lot 1 of Waverly
Meadows Subdivision. The proposed front, rear and sideyard setbacks are
adequateb
However, staff feels that in the interests of better housin g, some minor
modifications would be valuable. Presently there exists a yard 45' in width I .
between the west property line and the duplex and another, yard of 10° in
'width between the garage and the east end of the duplex. If the duplex were
shifted to the west 17° there would be two equally sized yards available to each
unit:
The site plan shows no screening or privacy for the front patio areas or
for the entrances to the units. A fence between the patio areas with some
planting would provide the necessary screening. The entrance walkway abut
the strUcture on the north side with the main entrances to the units being on
the same building face. There should be a separation between the two entrances
entrances of he
f t' ai'�d�ope�ty, t w
and some screening between the sixty property o the north. The � ,
walkway should be moved away from the building .- additional planting should,
be placed near the building.
Staff Recommendations
Staff recommends approval with the following conditions:
1. That the duplex be shifted to the, west to allow for equally
si zed ed
yards for the units.
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Page 2
STAFF REPORT
SDR 27-79, .. _ u
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2. That the entrances be visually separated and landscaping added for
screening.
3. That the walkway be moved out from the building.
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4. That a floor plan be submitted to deign review.
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5. That the
revised plans be
approved by c es is�
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6. The street tree plan as approved shall be adhered to. The applicant may
substitute different species if approved by design 'review.
7. No changes will be made to approved plans or specifications unless formal %
. application is made' to the appropriate department and changes are app
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rved
by that department. Application for changes will be made in writing and
shall include applicable drawings;; engineering specifications and other
details requested by the department. No construction shall take place -
in these instances until after the changes have been approved. Any
r deviation from this condition will result in the immediate posti
ng of a
stop work order on the project or any portion of the 'project.
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Written by: Iila "; (ckeniaie Approved b : 1...'= Howard
Assn;:I t. tr Planner PA P1.,: f •ing O 'ectox
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MEMORANDUM •
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May 18,18 1979
10: BUILDING DEPARTMENT
FROM: PLANING DEPART'ME'NT
t „ SUBJECT: Waverly Construction Co, , Waverly Meadow, Bonita Road
Pursuant to our heated conversation regarding covenants,, conditions and re-
strictions � c ondi,bxo
strictions outlined for this project and the more restrictive language also
contained in the same document
Mr. Barker and I have conferred and l we have decided that at this time we
will ask you to issue the two building permits in Waverly Meadows PD under
reduced setback requirements,
In the future this department will require that all "declarations" be sub=
mitted with the preliminary plot to be reviewed by both Building and Engineers
prior to recording, We hope to avoid further difficulties in this regard.
Al die Howard
Planning Director
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D C L A T I O N
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OF cn D COVENANT , ND t] NN N .1. ° i. 1 ,
T'I L3 DECLARATION, Made on, the date herei..nafter set f�7rth, uy '^'eve Y-� v ;,, t , .
;,�.. r i� ;�,a ��� �.i., tl�
Co.. , inc. , an Oregon Corpor .uion, h...r.e barter rr;forried to 3,..3 rk .. 1 r^-tr �
,
W TT NE " SFTH
JttElii.:A,';, I.)c,4;1.atra.rt 1. is the c rrlor ra 1' c, r tatn pro ra(..rty 1Fn 0..l 'c,Ltnt 4 �: .'.:i.tw,i.o, ,
rtd.to c..V Oregon, t,rh Loh is more particu J. ry descr ibed as
'' WAVERL�'' MEADOWS, a duly recorded subdivision lo::,i,Ueu
within Washington County, state cr Oregon
AND WHEREAS , Declarant will convey said property, subject to cert,;;r. pro tec.r.i v,
c ore,nants, conditions , restrictions, reservatiCtrs , lien' and ^Ildr' .1:=J . �;, h ,:.eintft, V
set forth
`‘ NOW II1I,iii:J'01Zl.:, ac c:l�rratlt Jar,rcay ca c1arT(?„:; that rl.l I of i`.114. ( � � 1° 'rt°, J ;
°:'lt 1 ,)t.,,vq,
� ;,ha.L.L bra held, r.,old and conveyed nubject to the l'c�LiowIri.r ,,.u.,,,n),,,,1.:: . r�. rI 1'. ".i •,'IL
I. c..cavensnts and condit ions , all nf' which are for the purpo..w, of v:aniy,r).. 1..1 ,1 i 0.4,t,.',.I
:Lea the value , dosirabili.ty and attractLveneis,s of said rr a1 prop�art . '.:f.,, , 0wr,.-
s ., .•, ' (- o r{ , „It
4/ meat.,, covenants , r ,t�rirl . nd condi.tirans �,ht .11. )�,.t- •.ri.+-.i. t,, - E~t� '�r
shall, lie k)a..n t l i on a.Ll. pK wit- 1tav`th,�;,or� acquini mr any r.i.k;tit., ,r1.�1,, �; !r,h f r,
• In the described property or any part thereof, and sha.L.I 1111„1/" U, ) hi.' . r,, tr'l i I of 0 i it
owner thereof, and his heirs and assigns, if an individual , or its F -z'.,..--.a (t'; an I •
assigns, if a partnership or corporation.
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ARTICLE I
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tEFINITIONS
Section 1: "Association" shall mean and refer to Waverly Meadows Homeowners Assoc-
• iatfor T-zc. , its 4uccessors and assigns, or, in the event Waverly Meadows Hone-
owners Association, Inc. , or its successors and assigns, are not in existence, then
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the owners of Lots comprising the properties.
Section 2" "Properties" shall mean and refer to that certain real property here-
inbefore 'described,' and such additions thereto as may hereafter be brought within
the ju isdiction of the association.
Section 3: "Common Area" shall mean all real property owned by the Association for
the common use and enjoyment of the members of the Association. The common area to
be owned by the Association at the time of the conveyance of the first lot is des-
cribed as follows: •
Tracts A, B, C, D and E, as shown on the plat of Waverly
• Meadows in the County of Washington and State of Oregon, i
said Plat having been recorded on the day of ,
1978, on Page , of Book ► of Plat •
Records for Washington County.
Section 4: "Lot" shall mean and refer to any plot of land shown upon the recorded
subdivision Plat of the property with the exception of the Common Area.
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Section 5: "Member" shall mean and refer to every person or entity who holds mem-
' bership in the Association.
Section G: "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any lot which is a part of the prop-
erties, including contract sellers, but excluding those having such intere. t merely
as securitiy for the performance of an obligation.
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Section 7: "Declarant" shall mean and refer to Waverly Co,istruction Co. , Inc. , its
sucessors and assigns, if such'. successors or assigns should acquire more than one
undeveloped 101: from the Declarant for the purpose of development.
Section 8: "Residence" shall mean that portion or part of any structure intended
' Q to be occupied by one or two families as a dwelling, together with attached or •
detached garage, as the case may be, and the patios, porches, or steps annexed there- ! •
to,
Section 9: "Declaration" shall mean and refer to the "Declaration of Covenants,
Co,aditions and 1 estictions" appljecabl eto the properties as executed by the
Declarant on thy+
day of , .��.., 1978. !�
ARTICLE II
ANNEXATION OF ADDITIONAL PAOPERTy
Real property in addition to that described above may be made subject to the 1'
► jurisdiction of the Association, whereupon automatically it shall be included in any I „ '°
reference herein to said 'properties”.
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• Section 1: Within twelve (12) years of the date of this instrument, additional
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lands may be anrt,exed by Declarant without consent of members.
0614 Section 2: After the twelfth anniversary of this instrument, anne',xation of actdtion�a1. -'
property shall require the assent of persons entitled to cast two-thirds (73) of the
„, 7, votes of the Class A members present in person or by written proxy (except as prov-
y
ided in ,.•ection 3 below) at a meeting of the Association duly called for such purpose,
• written notice of which shall, be sent to all members not less than fifteen (15) days
nor more than forty-five, (45) days in advance of such meeting, setting forth the
purpose thereof.
Section 3, The presence of members or of proxies entitled to cast sixty per cent
(60%) of the votes of each class of membership shall constitute a quorum at such meet-
,
• _ ing. In the event, that a quorum is not forthcoming at any such meeting, another
meeting may be called, subject, to the notice requirement set forth above, and the
" .. . required quorum at such meeting shall be one-half of the required quorum at the pre-
•
. , . ceding meeting. If the required assent is not forthcoming, no subsequent meeting
shall be held for the purpose of annexing such property for sixty (60) days from
w . the date of the last of such meetings.
ARTICLE III
NATURE OF ASSOCIATION - DUTIES _AND POWERS
i .
Section 1. The Association is a corporation organized and existing udner, the prow-
:-- ision of the Oregon Nonprofit Corporation Law and its duration is, perpetual.
Section 2: The dnties and powers of the Association and its directors and officers
y Articles of Incorporation and its By-Laws.
s�,alr.��e as dciined and limited by its Ar. �. les
":. However, in addition to the corporate powers enumerated in the Oregon Nonprofit
Corporation Law, the Association shall maintain, preserve and operate the Common
Areas, including the recreational or other facilities and the plantings, trees,
and landscaping located thereon; shall maintain all plantings, trees and landscaping ,
/ within the street cul-de-sac island on S. W. 80th Ct. , excluding, however, plantings, . A
tLees, or landscaping completed, planted or installed by' its individual members on
their lots and the portion of their lots in the street Light of way, up to the
street curbing; and, in general, serve as a perpetual and continuing corporate
entity to administer and maintain common areas, any recreational facilities, •
• landscaping, and related improvements for the benefit of its members.
ARTICLE IV
,+' MEMBERSHIP
' Every person or entity wno is a record owner of a fee or undivided fee interest in
,, ' any lotAwhich is subject to assessment by the Association, including contract pur- .
.4 chasers shall be members of the association. The foregoing is not intended to in-
i• elude persons or entities who hold an interest merely, as security for the performance
p of an obligation. No owner shall have more than ore membership. Membership, shall
, be appurtenant to any may not be separated from ownership' of any lot which is sub--
ject to assessment by the Association. Ownership of such lot shall be the sole�. qualification for membership. ���
ARTICLE I
► The Assovia 1oz shall have
two classes of voting 1 l
berSh1P
.
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, Class A: Class A members shall be all those owners as defined in Article IV
with the exception of the Declarant. Class A members shall be entitled to one
, vote for each lot ilwhich they hold the interest required for memberehip by Article
IV. When more than one person holds such interest in any lot, all such persons shall
be members. The vote for such lot shall be exercised as they among themselves
deterire:.r.., but in no event shall more than one vote be cast with respect to
any lot.
•
Class B: The Class B member shall be the Declarant. The Class B member shall be
entitled to three (3) votes for each lot in which it holds the interest required
for membership by Article IV, provided that the Class B membership shall cease and
be converted to Class A membership on the happening of either of the following events,
whichever occurs earlier:
• :;
(a) When the total votes outstanding in the Class A membership
( ' equal the total votes outstanding in the Class 13 membership,
or,
(b) On a date twelve (12) years from the date of recording of
these covenants in the county deed records.
' ARTICLE VI
PROPERTY RIGHTS
Section 1: Subject to the rights, easements and privileges of its members, the
Association shall hold title to all common areas, as well as to all recreational
and other facilities located therein or thereon, whether consisting of real or
.
personal property. The Association shall also, as set forth in and limited by its
Articles of Incorporation and its By-Laws, have power to acquire by gift, purchase, 1:
or otherwiee, and to own, hold improve, landscape, plant trees, build upon. operate,
maintain, sell, convey, dedicate for public use or otherwise dispose of real or per- 1
sonal property, as required by the conduct of the affairs of the Corporation.
PROVIDED, HOWEVER, that the Declarant may retain legal title to the Common Areas
located in the subdivision until such time as the Associatioh is able to maintain
the same, in the opinion of Declarant.
Section 2: The Common Areas above designa.k'ed are hereby dedicated in perpetuity
for open space purposes as authorized and defined under Chapter 493, Oregon Laws
of 1971.
Section 3: Member's Easements of Enjoyment. Every member shall have, in common
with all other owners, a non-exclusive right and easement of enjoyment to and in
any Common Area and such easement shall be appurtenant to and shall pass with the , °
title to every assessed lot, subject to the following provisions:
(a), The right of the Association to limit the number of guests of members.
(b) The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area and for parking
, privileges.
(c, The right of the Association to maintain swales or pipelines for storm sewer
drAinage, and to clear debris from same,, if required, and to render specific charges , e
or fees for such work against individual uweers rAlo fail to keep such storm drainage
ways open.
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..., 2 . (d) The right of the Association, in accordance with its Articles and By-Laws; to
borrow money for the purpose of improving the Common Area and its facilities, and
• . mortgage to ' said property, and the rig hts of such mort a e in said properties shall
he subordinate to the rights of the homeowners hereunder.
(e) The right of the Association to suspend the voting rights and right to use .
of the Common Area and any facilities by a member for any period during which any
assessment against :pis lot remains unpaid; and for a period not to exceed 90 days � ,
.\ . for any infraction of its published rules and regulations.
(f) The righ.'c of the Association to dedicate or transfer, all or any part of the
. \ .. Common Area, or to grant easements over, under, or accross the same, to any public
agency, authority or utility for such purposes and subject to such eondi.tions as may
' <:,. be agreed to by the members. No such dedication or transfer shall be effective u.nlesS d,,
.� an instrument signed by members entitled to cast two-thirds (2/3) of the votes of o
')� , the Class A membership and two-thirds of the votes of the Class B membership, if any, .
)`l11"}
, has been recorded, agreeing to such dedication, transfer, or grant, and unless written
I
notice of the proposed action is sent to every member not less than 30 days nor more
than 60 days in advance.. R,'
\�A 1;,,. (g) The right of the Association to enter into written agreements with the City of
Tigard, or with other public entitie,' or agencies, respecting access to and main-
'' tenance of Common Areas, including al agreement to the right on the part of the City
of Tigard to assert and impose, by entry on City Lien Records and notice to the
ii affected owners, with enforcement as authorized by Chapter 223, 0. R. S, , a uni-
1 form lien against each lot in the Plat to reimburse said City for any expense incurred
{ by it in maintaining said Common Areas in the condition required by its ordinances
and regulations, in the event the Association fails to do so. Any such agreement shall
be effective only when ratified by two-thirds (2/3) of the votes of the Class A
membership, and of the Class B :membership, if any
ti
Section 4: Delegation of Use. Any member may delegate, in accordance with the By-
Laws, his right of enjoyment to the Common Area to the members of his Lamily, his
tenants, or contract purchasers who reside on the property, i'
•
ARTICLE VII j
1
COVENANT FOR MAINTENANCE ASSESSMENTS ,.1
. Section :L: Creation of the Lien and Person Obligation of Assessments. The Declarant, j
for each lot owner within the properties, hereby covenants, and each owner of any lot f
• by acceptance of a deed or contract of sale therefor, whether or not its shall be so
expressed in any such deed or contract of sale, is deemed to covenant and agree to p
pay to the Association: (1) Annual assessment or charges, and (2) "special asruss- L
• merrtr; for capitol improvements, such assessments to be Fixed, est ohlfthed and c,ol i ecied 1 ,
from time to time as hereinafter provided. The annual and special assessment Lo-
gether with interest thereon and costs of collection thereof, as hereinafter provided,'
shall be a charge on the land and shall be a continuing li'!.n upon the property
against which each such assessment is grade. Each such', asses: vent, together with
such interest, costs and reasonable attorney's" fees shall be the personal obligation
of the person who was the owner of such proerty at the time when the assessment fey l
due. The personal obligation shall not pass to his successors in title unless ex-
,assrumed by them. If a lot is being ;gold on contract, the personal obligation
1�' y y .
for an assessment shall be '-hat of the contract purchaser.
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Section 2s Purpose of Ak.seasmen t s. The assessments .rev ied by the Assoc ia:zon shall
be used exclusively, for the purpose of promot: sing the recreation, health, safety and
. welfare of the residents in the properties, and for the improvement and maintenance
of the properties, services and facilities of the Common Area.
Sect iue Basis and Maximum of Annual Assessrnentss(a)The first maximum annual assess-
ment shall be Forty ,Dollars ($40.0)) per lot. The amount of such maximum annual ass-
e ssment per lot may be increased each year by the Board of Directors of the Assoc-
'. iation by no more than 6% above they nax%znum assessment for the previous year without
a vote of the membership of the Assoc iation.
(b) From and after January 1 of the year immediately following the date of comm-
encement of annual assessments, the maximum annual assess rent may be increased
above 6% by an affirmative vote of two-thirds (2/3) of each class of members who
are voting in person or by proxy, at the meeting duly called for such purpose, .'
written notice of which shall be sent to all members not less than 15 days or more
than 45 days in advance of the meeting, setting forth the purpose of the meeting.
The limitations hereof shall not apply to any change in the maximum and basis of
the assessments undertaken as an incident to a merger or consolidation in which the
b
Association is authorized to participate under its Articles of Incorporation.
(c) After cons ideLution of the current maintenance costs and future needs al the
Association, the Board of Directors tray fix the annual assessment at an amount
not in excess of the allowed maximten.
Section 4: Special Assessments for Capitol. Improvements. In addition to the annual
' assessments authorized above, the Association may levy in any assessment year a
' special assessment applicable to that year only, for the purpose or: defraying, in
•
whole or in part, the cost of any construction or reconstruction, repair or replace-
, ment of a described capitol improvement upon the Common Area, including the necessary
fixtures and personal property related thereto, PROVIDED THAT any such assessment
° shall have the assent of two-thirds (2/3) of the votes of each class of members
who are voting in person or by proxy at a meeting duly called for such purpose,
written notice of which shall be sent to all members not less than .30 days or more than
60 days in advance of the meeting setting forth the purposes of the meeting,
Section 5: Uniform Rate of Assessment. Both annual and special assessments must he
fixed at a uniform rate for all lots and may be collected on a quarterly, sena-
annual or annual basis,
Section 6: Quorum for Any Action Authorized under Sections 3 and 4, At the first
meeting called, as provided iti Sections 3 and 4 hereof, the presence at the meeting
of members or of proxies entitled to cast sixty percent (60%) of all the votes of
each class of membership shall constitute a quorum. If the required quorum is not
present at any meeting, another meeting may be called, subject to the notice require-
ment set forth in Sections 3 and 4, and the required quorum at such subsequent meet m y
shall be one-half (1/2) of the required quorum at the preceding meeting, No such !
s tbsequent meeting shall be held more that, sixty (60) days following the preceding
•
meeting.
Section 7: Date of Commencement of Annual Assessments: Due Dates, Prorates. The
ini±ial annual assessment shall commence on the first day Of such month as shall be
determined by the Board, of Directors of the Association, and shall be made and ad=d
3 usted accord ing 'to the number inieg in year which r of months r'ema ; "n the calendar ear' �.n , ; ',
the initial assessment is made. Al]. Assessments for any year after the first year
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' „' ' ' Written notice of the annual assessment shall be sent to every owner subject thereto.
e • ,
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The annual assessment for any lot which becomes subject to assessment for the first
time, shall be prorated according to the number of months remaining in the calendar
d I year for which assessed.
\
' The Association shall upon demand at any time furnish a certificate in writing .. .
signed by an officer of the Association setting forth whether the assessments on
. a specificed lot have been paid. A reasonable charge may be made by the Board for
' . the issuance of these certificates. Such certificate shall be conclusive evidence
, .. of payment of any assessment ' therein stated to have been made.
. .
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Section 8: Effect oE Nonpayment of Assessments. Remedies of the Association.
Any assessments which are not paid when due shall be delinquent. If the assessment
1 1,,
is not paid within thirty (30) days after the due date, the assessment shall bear
•, interest from the date of delinquency at the rate'of 8% per annum, and the Association
' 0 may bring an action at law against the owner personally obligated to pay the same,
.'
, ••• or foreclose the lien against the lot on account of which it is assessed, and int- •
.
erest, costs and reasonable attorney's fees of any such action shall be added to
. • , the amount of such assessment. No owner may waive or otherwise escape liability .--•
,i for the assessments provided for herein by nonuse of the Common Area or abandonment •
e
of his lot.
i
, ■ '
\ ' Section 9: Subordination of the Lien to Mortgages. The lien of the assessments pro-
'
, vided for herein shall be subordinate to the lien of any first mortgage or iced or
• ,
trust. Sale or transfer of any lot shall not affect the assessment lien. However , .
I)
the sale or transfer of any lot to Declarant, or its assigns, which is subject to any
proceeding itSieu of forciosure thereof, shall extinguish the lien of such assessments
as to payments thereof which became due prior to such sale Or transfer. No sale or
• \ transfer shall relieve such lot from liability for any assessment thereafter becoming
, ■
due or from the lien thereof.
, .
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Section 10: Exempt Property. The following property subject to this Declaration shall
. c. . be exempt from the assessments created therein; (a) all properties dedicated to and
accepted by a local public authority; (b) any common area; and (c) all properties
owned by a charitable or nonprofit organization exempt from taxation by the laws
of the State of Oregon. However, no land or improvements devOted to dwelling use
, • ,
. , shall be exempt from said assessments, notwithstanding that the same may be owned
by a charitable or non-profit organization.
ARTICLE Viii .
R1. 1.RICTIONS "
The following restrictions shall apply to the occupancy and use of said real mop-
,
erty:
(1) No lot shall be used except for residential purposes. The. Ae,sidence ,hat meet
, ,
4 the Aottowing Ilkitekia: Ate murt have a minimum (4 800 .squaAe Plet (4 “niished toitno
&tea. The. Ae4idence,s 4hatt not exceed two and one-ha akie,6 in heicht. No zhop .
!
cm. OA istafte ,60A bu4ineu puApoze witt be attond on the Mope.kty
, .
(2) Each tot hatt, at att tima, be pkovided with a paved o.64-4tAeet pakking •6pace .
not
£e. than 18 P,et in. tength OA two motoA veh,:cte,s. A. pkivate akiveways zhaZe
be. con,stAucted o conotete, ox ws phatto
II
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(3) No &uitd:ing skat be. .eocated upon. any .tot n.eco elt than. 15 beet to the 6xont tot :
•
• r tine. On aft coxn:ex tots, the bu . ding.o „shaft be .sews back a min mum distance o{y
10 .6 eet 'jr cm the zide !ot tine adjoining n.i ng a . .t't et, with the exception 06 Lots 12
and 31, where the minimum d L tance of setback o,6 side .fat tine acijo.irig a .stAeet
,6hatt be 5 feet.
•
(9) he minimum baclz cold use tback SI�
�' T cJ �' � nuet be 10 -6eet. The. minimum .•S.tide y atct setback
sha e be a i eet, except on the townshou,Se tots Lot nLCmbehs''12 t.h&ough 34, which
may have . zero .dot tine sideyavtd zetbac k on one side. The xema.c:n•ing ,s.ideyuxd, set
back shae.e be 5 i ee.t.
(5) Att tua.hs, istteetz,, bike paths and pc✓tl2 .ng bays and .its fo.vtds aiLe. ,{pox the wse 06
Assoc AUti on membe:x.s on an e.qua t subject to xeafso nab&e xutes and xequtatiion s
oomutga:ted 6xom time to time in m,i.t.i►rig by the D ectoxs it ,shate be the xespo►vs.t b-
it i. .y o6 each membeh to 'a tow maximum ease o6 pedeztt ian bike and 'veh.icutax Ln.gxes s •
and esgxess o6 watkz, s'tree'ts and dii.iveways by ptohibit.Lng automcbite pc (z ng in 6Aon
o6 gahage.4s ox d4 .vewayss path4 ox aeteyways and a..Ptow.cng no obs JLuctLon O)t baJtAigA
on, acct c+ . Z 06 adjacent to sidewct :.6 on path's which w cu d .rote .6e. e' with any 'ot'het
rnembefc'6 ILuse o6 the Common AJtea.3 O,' accesis to h,i4 'hes.i.den:ce tocc on.
(6) TePevtis`gin and, aXt other antennae cute pftohib .fed outside e any bu-i ed.ing except uf.tth
the mitten ;7P)Lmmission 06 the Toand o6 Dixectto'ts:
(7) „ No t�iaitut, basement, tent, shack, garage on other bi�i.. d.i,nq can be u..c d o.t
xes�1 dent c.at pint pokes, tempoxaxi ty ox otheAwae. •
(8) No obnoxious ox 06.6ens.cve tAade ox put. u%t skate be caxx.ced on upon any Lot there
in non hatt. anything be done thereupon which may be an annoyance ox nu.vsan.e to the
ne jhb ochood, .inc tud.ing, but not . :mited to, two ox three whee.2ed veh.icte.3 to the
Common Axeccs.
(9) No cows, horses, goats, p.ig6, xabbJs, pouttAy ox any other an. mats ea:ee.pt
hou.sehoLci pegs )Jhatt be kept on ex y .dot: The numbest o{y pew kept at each xe..sidence
may be Vimited and thc? contAo e .theneo6 zhatt be by xLL•Qe pxesex+i.be♦d by the ()L'e.ctoxs.
( 10) to ,sign o6 any kind shams be cH.spayed to the pub c. view o6` any tot except one
pAo(es.saionaf' ,sign o6 not ntoxe than one square 0ot, one sign o•S not m axe'than �i,v
.5r{t. Lac., advertising the pxopexty fox sate Aent, ax s-c.gns used by rc bcLitclek
to adve'JLLe the pxope1tty dulttng the constxucUon and sate.3 raex.iod
( 11 ) Each tat shaft be Landrscaped in a xea onatte ma:nnex withLn one yeak c tVL the dct; e
06 occupation o6 the xes .dd nce on said tot. No tot ,ohatt be used ox maintained a,s a
dumping ground {fox xubb.ish ox ,6cx storage o6 junked automobiles. Tta,sli, gaxhcige,
on of hex waste shaft not be kept except in an .tax y conta-inex4, ALL .Lnc♦ine0katox o OA o t hex
equ4ment 'o6' th.vs noble .6 oh. the :6tof.age opt di.posa. 06 ,such „.6h,a2t' be.
(zept in a clean and .san.t.taxy condLt-c.on:
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coNIF�. 'g (:),A,1'AND ABOUT TI-
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k DESIGN REVIEW APPLICATION
CITY OF TIGARD PLANNING DEPARTMENT File # '(,�' �
12420 S.W. Main Street �� '
' Tigard, Oregon 97223 Fee Rec d ----
639-4171 Receipt if ,1,g7,...:.- ;
Date R•ec'd a --' ,�
By
_ry....,
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PLEASE 'PRINT OR TYPE IN INK r
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PROJECT TITLE: GlaveJyMeadoW6 Vup!.ex
14495 S. V. 8O,tk Pace Tti i d, OR 9 722 3
PROJECT ADDRESS: ' �'!X
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TAX .MAP #: --• -' �Git• 42-- = —1 ="'111 ,— 1 d MTAX LOT(s) Lot 1, Uave C y Meadow's (1-4w 500) ,' ,
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CIRCLE AS APPLICABLE:
OWNER/DEVELOPER'S NAM Akin a E4tatez f Inc•
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•
ADDRESS:, 15359 DueFzey Lcct�e �° au ,
h ��� �R 97222
".. (STREET) (CITY) (S ATE) (ZIP)
'
PHONE (BUS.) : 655-4651 S IGNATURE: 4.r.i✓
.l!I�l�e'
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REPRESENTATIVE'SaNAME: �,, 'Meu�l G. WaymLne, J .
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ADDRESS: 7972 Mwtdac h �,ti Tiga Ad, OR 97223
(STREET) I ,,
s' (CITY) (STATE) (ZIP)
PHONE (BUS) : -6 •° ��/ ,', 1,,,,P �� �,i"`i' 1'
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PROPOSED USE Matti-t m.i,Cy DWe:P. ing j
II
DESCRIPTION OF PROPC;RTY I
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PROPOSE!) USE It - d« y #BUILDINGS 2 1 #iiNITS___ sQ4 ,BT. 1,604_
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• SITE SIZE: 10,200 TOTAL SQ,E'T. OF BUILDINGS: 2, 160 1
SQ. VT, OF PAVING: 394 _ 8Q. VT. OF LANDSCAPING: 6,646 I I
r' � ti 1 j q I' .... r f YI •
ANTICIPATED DEVELOPMENT DATE.j T ed2atay 1
ANTICXPATED DEVELOPMENT PHASES_ 1 ''
VALWA ION: .110y000o00 '}
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