HomeMy WebLinkAboutApplication APPLICANT 9/22/20209Woo+/
M
SPRINGFIELD
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
Application Type (Applicant: check one)
Partition Plat Pre -Submittal: Subdivision Plat Pre -Submittal:
Partition Plat Submittal: Subdivision Plat Submittal: ❑
A •licant Name: t✓�r1 •Ci �til�2 Phone:S�l�-63Z
Company: t; /�4!v'`43_ Dey��mp, -F L�i� Fax:
Address: '2.6vo s 5'.- 5 �'^ �'�« 97-q -T
Applicant's Rep.: 11G1_ (,✓ rr+~
Phone•SZ//-`7�Z-tel
Company: G(y"a Tnc
Fax:
Address: 806�. SSE G—rd:.e SIC-�''Z`E
pro ert Owner: /'Ni%ce
-- q
Com an
Phone:S
Fax:
Address: 6&,(03 T(N,4,, (1
ASSESSOR'S MAP NO: -03- 6 -
TAX LOT NO 5 : Z 4au
L
Property Address: 31(v- 330 9� r?n 0r-
2Size
Sizeof Propert d Z 5 Acres ❑ S uare Feet
Proposed Name of Subdivision: Cc -.° S�6diaiv o.�
Description�pf If you are filling in this form by hand, please attach your proposal description to this application.
Pro oral:`)he o os s la -I -t res eA+r c(0 a1 5'4.'uhi•.
Existing Use: v- --..-b I rQ I
I Tentative Case #:
# of Lots Parcels: o
Avg. Lot/Parcel Size: sf
Density: du/acre
Si natures: Please si nand rint our name and date in thea ro riate box on the next ace.
Associated Applications:
Pre -Sub Case No.: I �!-
te: ZZ 2-0
Reviewed by: L'
Case No.: as$-e�
Date:
Reviewed b
l A 1
A lication Fee:��{{ /-)V�V
Technical Fee:
Postage Fee: 0
TOTAL FEES: $ `6� 0(
PROJECT NUMBER:
'devised 10.14.13 kl
'L
Owner Signatures
This application form is used for both the required pre -submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
Owner:
Owner:
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Eat L ULU-4haq Date: 9-11-2020
Signature
Print
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the Information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
UaH L MCUMal Date: 9-11-2020
Signature
En:_,l A4,el �, e er• t3 I e(.P: ctik, c, c
Print i
Revised 10.14.13 kl 2 of 6
Land Division Plat Pre -Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form. �N gd �o - /a �jo s% i'ec l„ ffc 330
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. Any applicable application, technology, and postage fees, are
collected at the pre -submittal and submittal stages.
u Land Division Plat Application Form
Letter Addressing Conditions of Approval - lists and addresses each condition of
VV,approval, detailing the actions taken and current status of each item.
[�]/ive (5) Paper Copies of the Plat stamped and signed by the surveyor.
Imo'/ / FTwo (2) Copies of Closure Sheets for the boundary and each lot or parcel and all
/common areas, dedicated areas, and easement areas that are not simple parallel offsets.
� Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being
divided. The title report must be dated within 30 days of submittal at the time of the final
submittal. An older report is OK at the pre -submittal stage.
0/Two (2) Copies of Each of the Reference Documents and Plats listed on the plat.
Two (2) Copies of Each of the Supporting Documents - t vesting deed''(must vest
title to the owner listed on the plat), existing easement deedsnd documents listed as
exceptions in the title report, etc.
vIN Z' Two (2) Draft Copies of any street dedications.
.� ✓I� Two (2) Draft Copies of Any New Easements or Restrictions being created by
separate document, improvement agreements, maintenance agreements, joint use
ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by
separate document is required from all Trust Deed, mortgage, or other secured loan
interest holders against the property to be recorded simultaneously with the plat IF any
public dedications or easements are being made and/or any other interests are being
transferred to the public per ORS 92.075 (2-4).
'J ,[��✓Copies of Wetland Documents as required.
pl(p' Il4 Copies of ODOT Access Permits as required.
�Jtq Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
01 k nfication that Street Tree Agreement is in Progress as required.
Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as
required.
Revised 10.14.13 kl 5 of 6
N(N
Post Monumentation Deposit as required for subdivisions only. City Survey Section
has current fee schedule and templates.
�l�
�✓
Location of Any Floodways in accordance with SDC 3.3-400.
Existing Easements Clearly Identified with Their Recorded Reference.
—�
New Easements and Reserve Strips Referenced in Owner Certificates of
Dedication and Purposes of Easements Identified on Plat.
NOTE: When, as part of the approval process, the application has been conditioned so that the
recordation of a document is required, the applicant shall be responsible for paying the Lane
County recording fee for any such required document. Documents which may require
recordation include, but are not limited to: Development Agreements; Improvement
Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/
Maintenance Agreements; and Dedications of Right -of -Way.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The application, technology, and postage fees, where applicable, are
collected at the time of complete application submittal.
❑ Land Division Plat Application Form
❑ Two (2) Copies of the Deed
❑ Two (2) Copies of a Title Report issued within 30 days of the date Lane County will
record the plat.
❑ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp.
❑ Copy of the Mylar on Bond Paper
❑ Original and Copy of all Required Documents with signatures where appropriate.
Revised 10.14.13 kl 6 of
Conditions of Approval Narrative
Garden View Cluster Subdivision - 5052
September 9, 2020
City of Springfield (Planning)
316-388 19th Street
Eugene, OR 97477
Re: Subdivision Plat Pre -Submittal for Tax Lot 17-03-36-13:12400
Dear Planner:
The intent of this letter is to list and address the Conditions of Approval required for the Garden
View Place Cluster Subdivision as issued on October 23, 2018 by the City of Springfield
planning department in case number 811-18-000134-TYP2 for tax lot 17-03-36-13:12400.
WRITTEN STATEMENT ADDRESSING CONDITIONS OF APPROVAL
Garden View Cluster Subdivision - Case No. 811-18-000134-TYP2
(The numbering system follows the summary of conditions of approval as numbered in City of
Springfield staff report and decision issued October 23, 2018.)
(1) The Minor Variance applied for separately under application number 811-18-000135-
TYP2 must be approved as condition of this cluster subdivision approval.
The Minor Variance to the numerical provision contained in 3.2-230.A.3 which
requires a minimum development area of at least 1 gross acres for a Cluster
subdivision was approved by the City of Springfield planning department on
October 23,2018 per case number 811-18-00135-TYP2. The area of the subject
property is 0.9 acres, an adjustment of only 10% reduction of the required
minimum size requirement.
(2) Prior to approval of the Final Plat, the applicant shall upgrade the existing street fixture
head to the standard LED fixture head for a local road.
At this time there is still a need to install the new luminaire head across street.
Geomax, Inc has talked with Dave Kandle with Springfield Utility Board CSUB)
and he has stated that they can't install electric until the Final Plotgets
recorded. Geomax, Inc has tried to explain the catch 22 situation, but has been
unable to reach Mr. Kandle since September 03, 2020.
(3) Prior to Final Plat approval the applicant shall provide an operations and maintenance
plan to the City for review to ensure the long-term maintenance and operation of the
proposed Filtration Grassy Swales. The plan must designate maintenance responsibility
for operating and maintaining the system, and should be distributed to all property
Conditions of Approval Narrative
Garden View Cluster Subdivision - S052
owners and tenants of the site, and include a notice of Operations and Maintenance Plan
recorded against the property.
Ron Rice from Geomax, Inc believes he has already prepared a complete Storm
Water Maintenance plan for the project and gave it to Earl McElhaney or Mike
Blankenship for signature. If this is not the case Geomax, Inc will fill out
another Operations and Maintenance packet.
(4) To ensure a fully functioning water quality system and meet objectives of Springfield's
MS4 permit, the Springfield Development Code and the EDSPM, the proposed Filtration
Grassy Swales must be fully vegetated with all vegetation species established prior to
approval of the Final Plat. Alternatively, if this condition cannot be met, the applicant
shall provide and maintain additional interim erosion control/water quality measures
acceptable to the Public Works Department that will suffice until such time as the
Filtration Grassy Swale vegetation becomes fully established.
At this time the Filtration Grassy Swales have been vegetated, and the
contractor plans to place jute matting over the Stormwater Filtration system to
protect the system until the planted seed takes hold.
(5) Prior to approval of the Final Plat, the applicant shall revise the swale locations on sheet
5.0 to show the trees a minimum of 5 feet from the property lines, in order to locate them
outside of the PUE.
The swale locations have remained the same, however construction drawing
sheet 5.0, dated 03-01-2020, shows the trees to be 5feetfrom property line and
outside the POE.
(6) The setbacks from the carports to the property lines of the proposed lots must be shown
on the final site plan and developed to be a minimum of 18 feet in order to provide
adequate onsite parking spaces in the driveways for two vehicles.
Setbacks of 18' have been shown on the final site plan in order to provide
parking for two vehicles as required.
(7) Prior to issuance of any Building Permits for lots within the subdivision area, the
applicant must demonstrate compliance with the solar setback requirements of SDC 3.2-
225.
The single story homes that are proposed with the building site plans show a
heightof13.5'. According to table 3.2-1 ofSDC3.2-225 there is no additional
setback required.
Conditions of Approval Narrative
Garden View Cluster Subdivision - S052
(8) All building setback areas must be landscaped unless the setback is for a garage or
carport.
The setback areas have been landscaped around proposed building sites and
within the Filtration Grassy Swale areas that are between the building sites and
property lines.
(9) The construction plans for the subdivision shall include groundwater protection
construction notes as outlined in Finding 50 of the staff report and decision on the
subdivision, 811-18-000134-TYP2.
The Groundwater protection notes are shown as items 17-20 on sheet GN1 of
the construction plans provided.
(10) In accordance with SDC 4.2-120.C, driveways must be designed to allow safe and
efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5, the
City's EDSPM and the Development & Public Works Standard Construction
Specifications.
The private road that provides access to the 10 new single family residences
was designed as 20' wide, and=96'from driveway access to the North and
South.
(11) The applicant most submit restrictive covenants, dedication and homeowners' association
maintenance of the common tracts for the development prior to Final Plat approval.
HOA and GUR's are being prepared by the owner Mike Blankenship for
concurrent recordation with the plat.
Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:20:55 AM
Parcel Name: Site 1 - —G—NO DISPLAY : 1
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:4,998.14' East9,914.32'
Segment# 1: Line
Course: NO OO'17"W Length: 75.00'
North: 5,073.14' East: 9,914.31'
Segment# 2: Line
Course: N89042'20"E Length: 46.00'
North: 5,073.38' East: 9,960.31'
Segment# 3: Line
Course: SO°00'17E Length: 37.30'
North: 5,036.08' East: 9,960.31'
Segment# 4: Line
Course: SO°00'17"E Length: 37.70'
North: 4,998.38' East: 9,960.32'
Segment# 5: Line
Course: S89°42'20"W Length: 46.00'
North: 4,998.14' East: 9,914.32'
Perimeter: 242.00' Area: 3,450.04Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 242,000,000.00
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page I of 1
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Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:23:46 AM
Parcel Name: Site 1 - —G—NO DISPLAY: 2
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:4,997.97' East:9,880.32'
Segment# 1: Line
Course: NO°00'17"W Length: 75.00'
North: 5,072.97' East: 9,880.31'
Segment# 2: Line
Course: N89042'20"E Length: 34.00'
North: 5,073.14' East: 9,914.31'
Segment# 3: Line
Course: SO°00'17"E Length: 75.00'
North: 4,998.14' East: 9,914.32'
Segment# 4: Line
Course: S89042'20"W Length: 34.00'
North: 4,997.97' East: 9,880.32'
Perimeter: 218.00' Area: 2,550.03Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 218,000,000.00
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
file://N:/2018/5052%20EMMB%20Dev-Garden%20V iew%20Subdivision/Map%20Check... 9/1/2020
Parcel Map Check Report
Parcel Map Check Report
Client: Prepared by:
Lane County Survey Department M. Wyntergreen
Gcomax, Inc
806 N. 9th St.
Date: 9/1/2020 11:23:57 AM
Parcel Name: Site 1 - GNO DISPLAY: 3
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:4,997.79' East:9,846.32'
Segment# 1: Line
Course: NO°00'17"W Length: 75.00'
North: 5,072.79' East: 9,846.31'
Segment# 2: Line
Course: N89042'20"E Length: 34.00'
North: 5,072.97' East: 9,880.31'
Segment# 3: Line
Course: SO°00'17"E Length: 75.00'
North: 4,997.97' East: 9,880.32'
Segment# 4: Line
Course: S89042'20"W Length: 34.00'
North: 4,997.79' East: 9,846.32'
Perimeter: 218.00' Area: 2,550.03Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 218,000,000.00
Page 1 of 1
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Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:24:11 AM
Parcel Name: Site 1 - GNO DISPLAY: 4
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:4,997.62'
Segment# 1: Line
Course: NO"00'17"W
North: 5.072.62'
Segment# 2: Line
Course: N89042'20"E
North: 5,072.79'
Segment# 3: Line
Course: SO°00'17"E
North: 4,997.79'
Segment# 4: Line
Course: S89042'20"W
North: 4,997.62'
Perimeter: 218.00'
Error Closure: 0.00
Error North : 0.000
Precision 1: 218,000,000.00
East:9,812.32'
Length: 75.00'
East: 9,812.31'
Length: 34.00'
East: 9,846.31'
Length: 75.00'
East: 9,846.32'
Length: 34.00'
East: 9,812.32'
Area: 2,550.03Sq.Ft.
Course: NO°00'00"E
East: 0.000
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
file://N:/2018/5052%20EMMB%"20Dev-Garden%20V iew"%20Subdivision/Map%20Check... 9/1/2020
Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/l/2020 11:24:20 AM
Parcel Name: Site 1 - G NO DISPLAY: 5
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:4,997.43' East:9,776.62'
Segment# 1: Line
Course: 1,10000'17"W Length: 85.00'
North: 5,082.43' East: 9,776.61'
Segment# 2: Line
Course: N89°42'20"E Length: 35.70'
North: 5,082.62' East: 9;812.31'
Segment# 3: Line
Course: S0000'17E Length: 10.00'
North: 5,072.62' East: 9,812.31'
Segment# 4: Line
Course: S000017"E Length: 75.00'
North: 4,997.62' East: 9,812.32'
Segment# 5: Line
Course: S89042'20"W Length: 35.70'
North: 4,997.43' East: 9,776.62'
Perimeter: 241.41' Area: 3,034.58Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 241,400,000.00
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
tile://N:/2018/5052%20EMMB%20Dev-Garden%20View%20Subdivision/Map%20Check... 9/l/2020
Parcel Map Check Report
Parcel Map Check Report
Client: Prepared by:
Lane County Survey Department M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Date: 9/1/2020 11:24:32 AM
Parcel Name: Site 1 - —G—NO DISPLAY: 6
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,082.44' East:9,776.61'
Segment# 1: Line
Course: NO°00'17"W Length: 85.00'
North: 5,167.44' East: 9,776.60'
Segment# 2: Line
Course: N89042'20"E Length: 35.70'
North: 5.167.62' East: 9,812.30'
Segment# 3: Line
Course: SO°00'17"E Length: 75.00'
North: 5,092.62' East: 9,812.31'
Segment# 4: Line
Course: SO°00'17"E Length: 10.00'
North: 5,082.62' East: 9,812.31'
Segment# 5: Line
Course: S89042'20"W Length: 35.70'
North: 5,082.44' East: 9,776.61'
Perimeter: 241.40' Area: 3,034.50Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision I: 241,400,000.00
Page I of I
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Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:24:47 AM
Parcel Name: Site 1 - GNO DISPLAY : 7
Description:
Process segment order counterclockwise: False
Enable mapeheck across chord: False
North:5,092.62' Fast:9,812.31'
Segment# 1: Line
Course: NO°00'17"W Length: 75.00'
North: 5,167.62' East: 9,812.30'
Segment# 2: Line
Course: N89042'20"E Length: 34.00'
North: 5,167.79' East: 9,846.30'
Segment# 3: Line
Course: SO°00'17"E Length: 75.00'
North: 5,092.79' East: 9,846.31'
Segment# 4: Line
Course: S89°42'20"W Length: 34.00'
North: 5,092.62' East: 9,812.31'
Perimeter: 218.00' Area: 2,550.03Sq.Ft.
Error Closure: 0.00 Cause: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1:218,000,000.00
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
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Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:24:58 AM
Parcel Name: Site 1 - G NO DISPLAY : 8
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,092.79'
Segment# 1: Line
Course: NO°00'17"W
North: 5,167.79'
Segment# 2: Line
Course: N89°42'20"E
North: 5,167.97'
Segment# 3: Line
Course: SO°00'17"E
North: 5,092.97'
Segment# 4: Line
Course: S89042'20"W
North: 5,092.79'
Perimeter: 218.00'
Error Closure: 0.00
Error North : 0.000
Precision 1: 218,000,000.00
East:9,846.31'
Length: 75.00'
East: 9,846.30'
Length: 34.00'
East: 9,880.30'
Length: 75.00'
East: 9,880.31'
Length: 34.00'
East: 9,846.31'
Area: 2,550.03Sq.Ft.
Course: N0000'00"E
East: 0.000
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
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Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:25:10 AM
Parcel Name: Site 1 - —G—NO DISPLAY: 9
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,092.97' East:9,880.31'
Segment# 1: Line
Course: NO°00'l7"W Length: 75.00'
North: 5,167.97' East: 9,880.30'
Segment# 2: Line
Course: N89042'20"E Length: 34.00'
North: 5,168.14' East: 9,914.30'
Segment# 3: Line
Course: SO°00'17"E Length: 75.00'
North: 5,093.14' East: 9,914.31'
Segment# 4: Line
Course: S89°42'20"W Length: 34.00'
North: 5,092.97' East: 9,880.31'
Perimeter: 218.00' Area: 2,550.03Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 218,000,000.00
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Page 1 of 1
file:///V:/2018/5052%20EMMB%20Dev-Garden%20View%20Subdivision/Map%20Check... 9/l/2020
Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9/1/2020 11:21:35 AM
Parcel Name: Site 1 - GNO DISPLAY t.10
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,093.14' East:9,914.31'
Segment# 1: Line
Course: NO°00'17"W Length: 75.00'
North: 5,168.14' East: 9,914.30'
Segment# 2: Line
Course: N89042'20"E Length: 46.00'
North: 5,168.38' East 9,960.30'
Segment# 3: Line
Course: S0000'17"E Length: 75.00'
North: 5,093.38' East: 9,960.31'
Segment# 4: Line
Course: S89042'20"W Length: 46.00'
North: 5,093.14' East: 9,914.31'
Perimeter: 242.00' Area: 3,450.04Sq.Ft.
Error Closure: 0.00 Course: NO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 242,000,000.00
Prepared by:
M. Wyntergreen
Geomax, ine
806 N. 9th St.
Page 1 of 1
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91812020' Parcel Map Check Report
Parcel Map Check Report
Client: Prepared by:
Lane County Survey Department M. Wyntergreen
Geomax, Inc
806 N. 9th St.
Date: 9/1/2020 11:28:53 AM
Parcel Name: Site 1 - —G—NO DISPLAY;-1�'T&�c-r'
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,189.06' East:9,771.56'
Segment# 1: Line
Course: N89042'20"E Length: 188.75'
North: 5,190.03' East: 9,960.30'
Segment# 2: Line
Course: SOG00'17"E Length: 21.65'
North: 5,168.38' East: 9,960.31'
Segment# 3: Line
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North: 5,168.14' East: 9,914.31'
Segment# 4: Line
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North: 5,167.97' East: 9,880.31'
Segment# 5: Line
Course: 589042'20"W Length: 34.00'
North: 5,167.79' East: 9,846.31'
Segment# 6: Line
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North: 5,167.62' East: 9,812.31'
Segment# 7: Line
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North: 5,167.44' East: 9,776.61'
Segment# 8: Line
Course: 50000'17"E Length: 85.00'
81elft/201815052 EMMB Dev-Garden View Subdivision/Map Checks/Tract A.HTML
9/8/2020'
Parcal Map Check Report
North: 5,082.44'
East: 9,776.61'
Segment# 9: Line
Course: S0000'17"E
Length: 85.00'
North: 4,997.44'
East: 9,776.62'
Segment# 10: Line
Course: N89°42'20"E
Length: 35.70'
North: 4,997.62'
East: 9,812.32'
Segment# It: Line
Course: N89042'20"E
Length: 34.00'
North: 4,997.79'
East 9,846.32'
Segment# 12: Line
Course: N89042'20"E
Length: 34.00'
North: 4,997.97'
East: 9,880.32'
Segment# 13: Line
Course: N89042'20"E
Length: 34.00'
North: 4,998.14'
East: 9,914.32'
Segment# 14: Line
Course: N89042'20"E
Length: 46.00'
North: 4,998.38'
East: 9,960.32'
Segment# 15: Line
Course: S0000'17"E
Length: 21.65'
North: 4,976.73'
East: 9,960.32'
Segment# 16: Line
Course: S89044'07"W
Length: 188.69'
North: 4,975.86'
East: 9,771.63'
Segment# 17: Line
Course: NO°01'08"W
Length: 213.20'
North: 5,189.06'
East: 9,771.56'
Perimeter: 1,171.35'
Area: 9,015.4OSq.Ft.
Error Closure: 0.01
Course: S75002'34"E
Error North: -0.002
East: 0.007
Precision 1: 117,134.00
flle:WV:/2018/S052 EMMB Dev-Garden View Subdivision/Map Checkslrract A.HTML 212
92020 Parcel Map Check Report
Parcel Map Check Report
Client:
Lane County Survey Department
Date: 9!1/2020 11:29:08 AM
Parcel Name: Site 1 - _G_NO DISPLAY :)—Y (,^ c T "e, "
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:5,093.38' East:9,960.31'
Segment# 1: Line
Course: SO°00'17"E Length: 20.00'
North: 5,073.38' East: 9,960.31'
Segment# 2: Line
Course: S89°42'20"W Length: 46.00'
North: 5,073.14' East: 9,914.31'
Segment# 3: Line
Course: S89042'20"W Length: 34.00'
North: 5,072.97' East: 9,880.31'
Segment# 4: Line
Course: S89042'20"W Length: 34.00'
North: 5,072.79' East: 9,846.31'
Segment# 5: Line
Course: S89°42'20"W Length: 34.00'
North: 5,072.62' East: 9,812.31'
Segment# 6: Line
Course: N0°00'17"W Length: 10.00'
North: 5,082.62' East: 9,812.31'
Segment# 7: Line
Course: NO°00'17"W Length: 10.00'
North: 5,092.62' East: 9,812.31'
Segment# 8: Line
Course: N89°42'20"E Length: 34.00'
file :!/N:120181SO52 EMMB Dev-Garden View Subdivision/Map ChecWTract B.HTML
Prepared by:
M. Wyntergreen
Geomax, Inc
806 N. 9th St.
112
8/8/2020 : Parcel Map Check Report
North: 5,092.79' East: 9,846.31'
Segment# 9: Line
Course: N89°42'20"E Length: 34.00'
North: 5,092.97' East: 9,880.31'
Segment# 10: Line
Course: N89°42'20"E Length: 34.00'
North: 5,093.14' East: 9,914.31'
Segment# 11: Line
Course: N89042'20"E Length: 46.00'
North: 5,093.38' East: 9,960.31'
Perimeter: 336.00' Area: 2,960.04Sq.Ft.
Error Closure: 0.00 Course: SO°00'00"E
Error North : 0.000 East: 0.000
Precision 1: 336,000,000.00
file://N:/201 BIS052 EMMB Dev Garden View Subdivision/Map Checks/rract B.HTML 2/2
1570 Mohawk Boulevard • Springfield, OR 97477 260 Country Club Rd, Ste 120 • Eugene, OR 97401
P.O. Box 931 •9elQ OR 97477 P.O. Box 10271 • Eugene. OR 9]440
54
Phone: M1 741,1981 Phone' 541.68].9]94
Fax 591.741.0619EvI
Fax 541.687.0924
W19M,
TITLE INSURANCE SERVICES • ESCROW CLOSINGS
July 20, 2018
Order No. 18-15977
2nd SUPPLEMENTAL TITLE REPORT
Geomax Inc.
806 North 9th
Cottage Grove, OR 97424
Attn: Michael P Schulze
e-mail: mschulze@geomax.us
Dear Michael P Schulze:
We are prepared to issue on request and on recording of the appropriate documents, apolicy or policies
as applied for, with coverage's as indicated, based on this preliminary report.
LEGAL DESCRIPTION:
SEE EXHIBIT"KATTACHED HERETO
Showing fee simple title as of July 17, 2018, at 8:00 a.m., vested in:
EARL MCELHANY and BLANKENSHIP CORP, as to that portion lying in LOT 15
EMMB DEVELOPMENT. U -C, as to that portion lying in LOT 10
Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the
policy form. No liability is assumed until a full premium has been paid.
Order No.: 18-15977
Page 1 of 4
SCHEDULE B
GENERAL EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records; proceedings by a
public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a
correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation
heretofore or hereafter furnished, imposed by law and not shown by the public records.
CURRENT EXCEPTIONS:
6a. 2018-2019 Taxes, a lien not yet due or payable.
6. Rights of the public in any portion of said premises lying within the limits of streets, roads and
highways.
7. Sewer Easement, granted to the City of Springfield, including the terms and provisions thereof, by
instrument Recorded March 29, 1948, Reception No. 63024, Lane County Oregon Records.
8. Right of Way Easement, granted to the City of Springfield, including the terms and provisions
thereof, by instrument Recorded August 12, 1950, Reception No. 25954, Lane County Oregon
Records.
9. Right of Way Easement, granted to the City of Springfield, including the terms and provisions
thereof, by instrument Recorded August 12, 1950, Reception No. 25955, Lane County Oregon
Records.
10. Right of Way Easement, granted to the City of Springfield, including the terns and provisions
thereof, by instrument Recorded August 12, 1950, Reception No. 25956, Lane County Oregon
Records.
NOTE: Taxes, Mao No. 17-03-36-13-12400, Code 19-00, Account No. 0322980, 2017-2018,
$0.00, paid in full.
NOTE: The address of the property to be insured herein is: NYA 19th Street, Springfield, OR
97477.
NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) EARL MCELHANY MIKE
BLANKENSHIP CORP. AND EMMB DEVELOPMENT, LLC, and as of July 17, 2018, none were
found.
Order No.: 18-15977
Page 2 of
NOTE: As of July 17, 2018, there are no liens for the City of Springfield.
NOTE: SUPPLEMENTED TO UPDATE REPORT, SHOW NEW VESTING AS TO LOT 10 AND
ADD NEW TAXES.
Very truly yours,
EVERGREEN LAND TITLE COMPANY
HOME OFFICE
Joseph M Silence
Title Officer
cc:
NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR
ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE
CHARGED.
Order No.: IB -15877
Page 3 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
The South 3/4 of Lot 10, H.L. and T B. Stewarts Plat No. 2, as platted and recorded in Volume 3, Page
36, Lane County Oregon Plat Records, in Lane County, Oregon.
Save and Except therefrom the North 2.5 feet.
ALSO: The North 59.5 feet of Lot 15, H.L. and T B. Stewarts Plat No. 2, as platted and recorded in
Volume 3, Page 36, Lane County Oregon Plat Records, in Lane County, Oregon.
EXCEPT: That portion lying South of the North line of Tax Lot No. 13900.
EXCEPT: That portion out to Parcel No. 13902 per Instrument on R846/27944 for 1977-78.
FURTHER EXCEPT: That portion out to Parcel No. 13903 per Instrument on R846/27945 for 1977-78.
Oder NO.: 18-15977
Page 4 of 4
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A_, Evergreen
V Land Title Com pant
ANDY repealingr rn W:(Name, Address, Zip)
Evergreen Lend TRY Compeny
280 Country Club Road Ste. 120, Eugene, OR 97401
Unlit I,... amasses, send all Laz alaftins. N1:
EARLMCELHANY
260031st Street, Springfield, OR B7477
GRANTOR:
PARTHAVA BEHESHT NEJAD INTERNATIONAL
FOUNDATION, INC.
OR
GRANTEE:
EARL MCELHANYand BLANKENSHIP CORP
2600 31st Street, Sphngfield, OR 9747
ORDER NO. 18-15977
TAX ACCOUNT NO. 0322980
MAP NO. 17-03-36-13 12400
Lane County Clerk ZD�B-D�4798
Lane County Deeds 8 Records
0313OJ2018 01:28:08 PM
RPR DEED 6n1=1 SN=1 CASHIER W ipKi
55.005110011000$21 W $47.00
STATUTORY WARRANTY DEED
PARTHAVA BEHESHT NEJAD INTERNATIONAL FOUNDATION, INC., Grantor, conveys and warrants to
EARL MCELHANY antl BLANKENSHIP CORP, Grantee, the folbwing described real property free of
encumbrances, except as specifically set forth herein, situated in Lane County, Stare of Oregon, to wit:
The South 3l4 of Lot 10, H.L. and T. B. Stewarts Plat No. 2, as platted and reminded in Volume 3, Page
36. Lane County Oregon Plat Records, in Lane County, Oregon.
Save and Except therefrom the Noah 2.5 feet.
Subject to and excepting: Covenants, Conditions, Restrictions and Easement of reci
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE
ABOUT ME PERSON'S MGN ar IF ANY, UNDER ORS 195.300, IM301 AND 195.305 TO 1BSbe AND SECTIONS 5 TO 11.
CHAPTER 434, OREGON LAWS 2007, SECTIONS 2 TO 0 AND 13, CHAPTER 866, OREGON "No 2009, AND SECTIONS 2
TO 3, CHAPTER 8, OREGON HAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VOLATIGN OF APPLICABLE "NO WE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT INE DNR OF LAND BEING TRANSFERRED
IS A LAWFULLY ESTABLISHED LCT OR PARCEL, AS DEFINED IN ORB 92AID OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO OETERWNEANY LIMITS ON LANSUDS AGAINST FARMING OR FOREST PR ICTICES.
AS DEFINED IN OR9 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,
UNDER ORS 195,310, 185401 AND 195,305 TO 105.338 AND SECTIONS S TO 11, CHAPTER 410. OREGON LAWS 2001,
SECTIONS 2 TO 9 AND 17, CHAPTER NY, OREGON LAWS 2009, AND SECTIONS 2 TO T, CHAPTER 9, OREGON HAWS
M10.
The true and actual Consideration for this conveyance is $110,000.00. (Here, Comply with the
requirement of ORB 93.030.) /
/r�th r 30201.1 /
I PARTHAVA BEHESHT NEJAD INTERNATIONAL
FOUNDATION, INC.
Slate of Oregon
County of Lane
The foregoing instrument was acknowledged before me this day of , by
PARTHAVA BEHESHT NEJAID INTERNATIONAL FOUNDATION, INC-
OFRCIALSTAMP
Notary Public In and for the State of Oregon
DICKIE ANN MOG8TAD
My Commission expires.
NJTPPV PUBUOOREGON
COMMII NO. 90312
' MY" MMISSIUN aPIRES JUIR 13. 2021
R41&159]7.
EVE.-nly DUO Pep 1 NIST
After Recording Return To:
Leahy, Van Vactor, Cox & Melendy, LLP
188 West B Street, Building N
Springfield, OR 97477
Until Requested Otherwise,
Send Tax Statements To:
F_rl McElhany
Milo 3i st cr 't
Springfield, OR 97477
Lane County Clerk 2018-029804
Lane County Deeds and Records
11111111 111 $87.00
01724021201800258040010015
06/06/2018 03:16:29 PM
RPR -DEED Cnt=1 Stne41 CASHIER 04
$5.00 $11.00 $61.00 $10.00
Earl McElhany and Blankenship Corp., Grantors, convey, bargain and sell tBi
Development, LLC, Grantee, the following real property situated in Lane County, Oregon, and
more particularly described as follows:
The South 3/4 of Lot 10, H.L. and T.B. Stewarts Plat No. 2, as platted and recorded in
Volume 3, Page 36, Lane County Oregon Plat Records, in Lane County, Oregon.
The true consideration of this conveyance is other than monetary.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE
ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 19S.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS TO AND 37, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS
2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY ORCOUNTY PLANNING DEPARTMENTTO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED
IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED
USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,
AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,
UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 57011, CHAPTER 424, OREGON LAWS 2007,
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS
2010.
DATED this day of , 2018.
BLANKENSHIP COR
,qk /
/1'
Earl cElhanyBy: Mike Blankenship, President
STATE OF GREGO unty of Lane ) ss.
This instrument was acknowledged before me on 2018, by Earl L.
McElhany.OFFICIAL
ERIN ANNE DETER
NOTARY PUBLWOREGON Notary Public for Oregon
COMMISSION N0.932812
MT COMMISSION EXPIRES OCTOSER02.2018
STATE OF OREGON; County of Lane ) ss.
This instrument was acknowledged before me
Blankenship, President of Blankenship Corp.
OFFIGALSTAMP
ERIN ANNE DIETER
NOTARY PUBUCOREGON
COMMISSION NO 932812
W COMMISSION EXPIRES OCTOBER 02.2018
on 6,.:101 9'�' 2018, by Mike
1 a7tL
Notary Public for Oregon
BYLAWS OF
GARDEN VIEW PLACE HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
Article 1 - PLAN OF LOT OWNERSHIP; DEFINITIONS
1.1
Bylaws Applicability
1.2
Lots; Property
1.3
Personal Application
1.4
Definitions
1.5
Oregon Planned Community Act
1.6
Declaration
Article 2 - ASSOCIATION MEMBERSHIP; VOTING; MAJORITY OF OWNERS; QUORUM;
PROXIES
2.1 Membership in the Association
2.2 Voting Rights
2.2.1 Class A
2.2.2 Class B
2.3 Majority of Owners
2.4 Quorum
2.5 Voting; Proxies
2.6 Authority to Vote
2.7 Fiduciaries and Joint Owners
Article 3 - ADMINISTRATION
3.1
Association Responsibilities
3.2
Place of Meetings
3.3
Turnover Meeting
3.3.1 Based on Lot Sales
3.3.2Earliest Date
3.5
Annual Meetings
3.6
Special Meetings
3.7
Notice of Meetings
3.8
Adjourned Meetings
3.9
Ballot Meetings
3.10
Order of Business
3.11
Procedures
Article 4 - BOARD OF DIRECTORS
4.1 Number and Qualification
4.2 Powers and Duties
4.3 Other Duties
4.3.1 Upkeep of Common Area [and Commonly Maintained Property]
Page 1- Bylaws for Garden View Place
4.3.2 Reserves
4.3.3 Assessment Collection
4.3.4 Budget; Voucher System
4.3.5 Insurance
4.3.6 Personnel
4.3.7 Financial Statements
4.3.8 Rules
4.3.9 Copies of Documents; Bank Accounts
4.3.10 Tax Returns
4.3.11 Mailing Address
4.3.12 Professional Services
4.4 Limited Authority
4.4.1 Third -Party Contracts
4.4.2 Capital Expenditures
4.4.3 Compensating Board Members
4.5 Management Agent
4.6 Interim Board and Officers
4.7 Election and Term of Office
4.8 Vacancies
4.9 Removal of Directors
4.10 Organizational Meeting
4.11 Regular Meetings
4.12 Special Meetings
4.13 Waiver of Notice to Directors
4.14 Board of Directors' Quorum
4.15 Board Meetings Open to All Association Members
4.16 Notice to Association Members of Board Meetings
4.17 Emergency Meetings
4.18 Compensation of Directors
Article 5 - OFFICERS
5.1
Designation
5.2
Election of Officers
5.3
Removal of Officers
5.4
President
5.5
Secretary
5.6
Treasurer
5.7
Directors as Officers
Article 6 - OBLIGATIONS OF THE OWNERS
6.1 Assessments
6.2 Investment of Reserve Account Funds
6.3 Initial Assessment
6.3.1 Contribution to Working Capital
Page 2 - Bylaws for Garden View Place
6.3.2 Procedures
6.3.3 Temporary Reduction of Assessment Amount
6.4 Income Tax Returns; Determination of Fiscal Year
6.4.1 Fiscal Year
6.4.2 Tax Returns
6.5 Statement of Assessments
6.6 Default
6.7 Maintenance and Repair
6.7.1 Lots
6.7.2 Common Area [and Commonly Maintained Property]
6.7.3 Reimbursement of Association
Article 7 - USE AND OCCUPANCY RESTRICTIONS; RULES OF CONDUCT
7.1 Additional Rules
7.2 Enforcement
7.3 Fines
Article 8 - INSURANCE
8.1 General
8.2 Types of Insurance Policies [Maintained by the Association]
8.2.1 Property Insurance
8.2.2 Liability
8.2.3 Workers' Compensation
8.3 Insurance Companies Authorized
8.4 Provisions in Insurance Policies
8.4.1 Waiver of Subrogation
8.4.2 Noncancellation for Owner Conduct
8.4.3 Noncancellation without Opportunity to Cure
8.4.4 "No Other Insurance" Clauses
8.5 Home and Lot Insurance Maintained by Each Owner
8.6 Review of Insurance Policies
Article 9 - AMENDMENT
Article 10 - RECORDS AND AUDITS
10.1 General Records
10.2 Assessment Roll
10.3 Payment of Vouchers
Article 11 - COMPLIANCE WITH THE PLANNED COMMUNITY ACT; CONFLICTS
Article 12 - INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
Article 13 - ASSESSMENT COLLECTION COSTS; SUITS AND ACTIONS
Page 3 - Bylaws for Garden View Place
Article 14 - MISCELLANEOUS
14.1 Notices
14.2 Waiver
14.3 Invalidity; Number; Captions
Article 15 - ADOPTION
Page 4 - Bylaws for Garden View Place
BYLAWS OF
Garden View Place Homeowners Association
Article 1
PLAN OF LOT OWNERSHIP; DEFINITIONS
1.1 Bylaws Applicability. These Bylaws apply to the Lots 1, 2, 3, 4, 5, 6, 7,
B, 9 and 10 (the "Member Lots' and the Common Area in Garden View Place, a
planned community in Lane County, Oregon, that have been subjected to the
Declaration of Conditions, Covenants, and Restrictions of Garden View Place (the
"Declaration'), as well as to the Garden View Place Homeowners' Association, an
Oregon nonprofit corporation (the "Association', and the entire management structure
thereof.
1.2 Lots; Property. The Member Lots and the Common Area may be
collectively referred to in these Bylaws as the "Property" or "Project" and the Member
Lots individually as a "Lot" or collectively as the "Lots."
1.3 Personal Application. All present or future Owners, tenants, Occupants,
and their employees, and any other person that might occupy any portion of the
Property in any manner, are subject to the provisions set forth in these Bylaws. The
acquisition, rental, or occupancy of any of the Lots constitutes acceptance and
ratification of these Bylaws and agreement to comply with all the provisions hereof.
1.4 Definitions. Capitalized terms used but not defined herein have the
meanings attributed to them in Article 1 of the Declaration.
1.5 Oregon Planned Community Act. The Property, all Lots and Owners
thereof, and the Association and all Members thereof, are subject to the Oregon
Planned Community Act, ORS 94.550-94.783 (the "PCA'.
1.6 Declaration. The Declaration of Covenants, Conditions and Restrictions
for Garden View Place.
Article 2
ASSOCIATION MEMBERSHIP; VOTING;
MAJORITY OF OWNERS; QUORUM; PROXIES
2.1 Membership in the Association. Upon recordation of a conveyance or
a land sale contract to convey a Lot, the grantee or contract purchaser named in the
conveyance or contract will automatically be and will remain a Member of the
Association until such time as the person's ownership ceases for any reason. For all
purposes of the Declaration and the administration of the Property, Lot ownership will
be determined from the records maintained by the Association. The record will be
established by the Owner filing with the Association a copy of the deed to or land sale
contract for the Owner's Lot, to which must be affixed the certificate of the recording
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officer of Lane County, Oregon, showing the date and place of recording of the deed or
contract (or Memorandum Therapy). No person will be recognized as an Owner unless a
copy of the deed or contract has been filed with the Association as provided above
showing the Owner to be the current Owner or contract purchaser of a Lot.
Notwithstanding the foregoing, Declarant is the Owner of all previously unsold Lots,
although no deed or land sale contract, with respect to such Lots, has been filed with
the Association.
2.2 Voting Rights. The Association has two classes of voting members:
2.2.1 Class A. Class A members include all Owners of Lots other than
Declarant, and each Class A member is entitled to one vote for each Lot owned with
respect to all matters on which Owners are entitled to vote.
2.2.2 Class B. The Class B member is the Declarant, its successors, and
its assigns. The Class B member has three votes for each Lot owned. The Class B
membership will cease and be converted to Class A membership upon the date on
which Declarant elects in writing to terminate Class B membership; or the date the
Declarant no longer owns any lot in Garden View Place (the "Termination Date'o.
After the Termination Date, each Owner, including Declarant, will have one vote
for each Lot owned with respect to all matters on which Owners are entitled to vote,
and the total number of votes will be equal to the total number of Lots subject to this
Declaration.
When more than one person or entity owns a Lot, the vote for the Lot
may be cast as they determine, but in no event will fractional voting be allowed.
Fractional or split votes will be disregarded, except for purposes of determining a
quorum.
2.3 Majority of Owners. As used in these Bylaws, the term majority means
those Owners holding over 50 percent of the voting rights allocated to the Owners in
accordance with the Declaration and Section 2.2 above. Majority of Owners
presentmeans Owners holding over 50 percent of the votes present at any legal
meeting.
2.4 Quorum. Except as otherwise provided in these Bylaws or ORS 94.655(3)
or (4), the presence in person or by proxy of Owners holding 35 percent or more of the
outstanding votes in the Association, as defined in Section 2.2 of this Article, will
constitute a quorum.
2.5 Voting; Proxies. Owners may cast votes in person, by written ballot, by
proxy, or if allowed by the Board of Directors, by electronic ballot in accordance with
ORS 94.661. Proxies must be filed with the Secretary of the Association ("Secretary'
before or during the appointed meeting. A proxy will expire one year after the date it
was signed unless a shorter period is specified in the proxy. The proxies may require
the holder to cast a vote for or against any special proposal set forth in the notice
calling the meeting. Unless withdrawn, a proxy given to another person to vote at a
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specific meeting will also be valid at an adjourned meeting called under the provisions
of Section 3.8. The Association must retain proxies and ballots for one year from the
date of the determination of the vote.
2.6 Authority to Vote. All Owners, including those who have leased their Lot
to a third party, will be entitled to vote. An Owner's right to vote may not be revoked. A
purchaser under a land sale contract entitled to immediate possession of the Lot will be
deemed the Owner thereof, unless otherwise provided in the contract.
2.7 Fiduciaries and Joint Owners. An executor, administrator, guardian, or
trustee may vote, in person or by proxy, at any meeting of the Association with respect
to any Lot owned or held by the person in such capacity, whether or not the Lot has
been transferred to the person's name, as long as the person has satisfied the
Secretary (in the Secretary's reasonable discretion) that the person is the executor,
administrator, guardian, or trustee holding the Lot in such capacity. Whenever any Lot
is owned by two or more persons jointly according to the records of the Association, the
vote of the Lot may be exercised by any one of the Owners then present, in the
absence of protest by a co-owner. In the event of a protest, no one co-owner will be
entitled to vote without the approval of all co-owners. In the event of disagreement
among the co-owners, the vote of the Lot will be disregarded for all purposes, except
for determining whether a quorum is present.
Article 3
ADMINISTRATION
3.1 Association Responsibilities. The Owners constitute the Members of
the Association. Except as otherwise provided in the Declaration or these Bylaws,
decisions and resolutions of the Association will require approval by a majority of the
Owners present at any legal meeting. A legal meeting is one duly called under these
Bylaws at which a quorum is present, in person or by proxy at a formal gathering or, if
a vote is taken by written ballots, when ballots are returned representing more than 50
percent of the vote, unless a larger vote is required to approve a ballot item, in which
case the quorum requirements will be the number of votes required to approve the
proposal.
3.2 Place of Meetings. Formal meetings of the Association must be held at
suitable places reasonably convenient to the Owners, as may be designated by the
Board of Directors of the Association (the "Board'. If a vote is taken by written ballot,
the Board must count the returned written ballots within 48 hours of the ballot return
deadline. Each Owner must be notified by mail or other delivery of written notice of the
results of the ballot meeting or that a quorum of ballots was not returned within 15
days after the ballot return deadline.
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3.3 Turnover Meeting. Declarant must call a meeting (which will be the
initial meeting) for the purpose of turning over administrative control of the Association
from Declarant to the Members within 90 days after of the Termination Date.
3.3.1 Based on Lot Sales. The date on which Eight of the Member Lots
in Garden View Place have been sold and conveyed to Owners other than Declarant; or
3.3.2 Earliest Date. The date on which Declarant delivers written notice
to the Association of termination of Class B membership.
Declarant must give notice of the Turnover Meeting to each Owner as
provided in these Bylaws. If Declarant does not call the meeting as required under this
Section 3.3, any Owner may do so.
At the Turnover Meeting, Declarant must relinquish control of the
administration of the Association and the Owners must assume such control and must
elect the Board in accordance with the provisions of Article 4 of these Bylaws.
Additionally, Declarant must deliver to the Association all business and financial records,
together with all Association bank accounts, funds, and other assets as required by ORS
94.616. The Turnover Meeting may not be conducted by written ballot.
3.4 Annual Meetings. The Board, by a Board action, must cause the first
annual meeting of the Association to be held during the calendar year following the
calendar year in which the Turnover Meeting is held. The Board, in its discretion, from
time to time, may change the meeting date, as long as the meeting is held annually. At
the meetings, the Owners must elect new members of the Board in accordance with the
requirements of Section 4.7 of these Bylaws to replace those Directors whose terms
have expired. The Owners also may transact such other business of the Association as
may properly come before them. Annual meetings of the Association may not be
conducted by written ballot.
3.S Special Meetings. The President must call a special meeting of the
Owners if so directed by a resolution of the Board or a petition, presented to the
Secretary and signed by 30 percent or more of the Owners. All meetings called because
of petition of Owners must be held at a formal gathering, and not by written ballot,
within 60 days after the Secretary's receipt of the petition. The notice of any special
meeting must state the time and place of the meeting and the purpose thereof. No
business other than that stated in the notice may be transacted at a special meeting
unless by consent of all the Owners of the Lots or as otherwise set forth in these
Bylaws.
3.6 Notice of Meetings. The Secretary must mail a notice of each annual
and special meeting, stating the purpose thereof and the time and place where the
meeting is to be held, to each Owner of record at least 10 but not more than 50 days
before the meeting or the date on which ballots for a ballot meeting are required to be
returned. The Board of Directors may propose that the Owners take an action by
written ballot without a meeting or by electronic ballot as provided by ORS 94.661,
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according to the provisions of the PCA and the Oregon Nonprofit Corporation Act. The
notice must be mailed to the Owner's address last given to the Secretary in writing by
the Owner or the Owner's vendee. If Lot ownership is split or the Lot has been sold on
a contract, notice will be sent to a single address, of which the Secretary has been
notified in writing by the parties. If no address has been given to the Secretary in
writing, then mailing to the Project Lot will be sufficient. The mailing of a notice in the
manner provided in this Section 3.7 will be considered notice served.
3.7 Adjourned Meetings. As permitted by ORS 65.214, if any gathering of
Owners is not a legal meeting because a quorum has not attended, the Owners who
are present, either in person or by proxy, may adjourn the meeting to a time not less
than 48 hours nor more than 10 days from the time of the original meeting. The
adjournment provisions of this Section 3.8 do not apply to actions proposed to be taken
by written ballot.
3.8 Ballot Meetings. Unless prohibited or limited by the Articles of
Incorporation of the Association or the PCA, any action that may be taken at any annual
or special meeting of the Owners may be taken without a meeting if the Association
delivers a written ballot to every Owner entitled to vote on the matter as provided in
ORS 94.647 or delivers an electronic ballot to every Owner entitled to vote on the
matter as provided in ORS 94.661. The ballot must set forth each proposed action and
provide an opportunity to vote for or against each proposed action. A proposed action
will be deemed to be approved by written or electric ballot when the number of votes
cast by ballot equals or exceeds any quorum required to be present at a meeting
authorizing the action, and the number of approvals equals or exceeds the number of
votes that would be required to approve the matter at a meeting at which the total
number of votes cast was the same as the number of votes cast by ballot. The Board
must provide Owners with at least 10 days' notice as required by ORS 94.647(2)(b)
before written ballots are mailed or otherwise delivered. If, at least three days before
ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the
Owners petition the Board requesting secrecy procedures, a written ballot must be
accompanied by a secrecy envelope, a return identification envelope to be signed by
the Owner, and instructions for making and returning the ballot. If electronic ballots are
used, the electronic ballot must be secret. Written ballots that are returned in secrecy
envelopes may not be examined or counted before the deadline for returning ballots
has passed. An electronic ballot is effective when it is electronically transmitted to the
address, location, or system designated by the Board of Directors for that purpose.
3.9 Order of Business. The order of business at all annual meetings will be
as follows:
(a)Roll call.
(b)Proof of notice of meeting or waiver of notice.
(c)Reading of minutes of the preceding meeting.
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(d)Reports of officers.
(e)Reports of committees.
(f)Election of inspectors of election.
(g)Election of Directors.
(h)Unfinished business.
(i)New business.
(j)Adjournment.
3.10 Procedure. All meetings of the Association, the Board, the ARC, and
Association committees will be conducted with such rules of order as may from time to
time be adopted by the Board. Unless other rules of order are adopted by a resolution
of the Board, Robert's Rules of Order published by the Robert's Rules Association will
apply. Notwithstanding which rules of order are adopted, the President will be entitled
to vote on all matters, not merely to break a tie vote. A tie vote does not constitute a
majority or approval of any motion or resolution.
Article 4
BOARD OF DIRECTORS
4.1 Number and Qualification. The Board will be composed of three
persons, all of whom must be an Owner or a co-owner of a Lot; however, if a Lot is
owned by more than one owner, only one owner of that Lot may serve on the Board of
Directors at any one time. An officer or employee of a corporation, the trustee of a
trust, the personal representative of an estate, or an employee of a trust or estate may
serve on the Board if the corporation, trust, or estate owns a Lot.
4.2 Powers and Duties. The Board has the powers and duties necessary for
the administration of the affairs of the Association and may do all such acts and things
that are not by law or by these Bylaws directed to be done by the Owners.
4.3 Other Duties. In addition to duties imposed by these Bylaws or by
resolutions of the Association, the Board has authority to carry out and be responsible
for the following matters:
4.3.1 Upkeep of Common Area and Commonly Maintained
Property. Care, upkeep, and supervision of the Common Area and the Commonly
Maintained Property.
4.3.2 Reserves. Establishment and maintenance of replacement
Reserve Accounts that the Board deems prudent for replacement of Common Area
improvements or facilities and the Commonly Maintained Property.
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4.3.3 Assessment Collection. Designation and collection of
assessments from the Owners, in accordance with these Bylaws and the Declaration.
4.3.4 Budget; Voucher System. Establishment of a budget, payment
of all common expenses of the Association, and institution and maintenance of a
voucher system for such payment, which must require a sufficient number of
signatories thereon as may be reasonably necessary to prevent any misuse of
Association funds, in accordance with these Bylaws and the Declaration.
4.3.5 Insurance. Procurement and maintenance of insurance policies
and payment of premiums therefor out of the common expense funds in respect to the
Common Area, as more specifically provided in Article 8 of these Bylaws.
4.3.6 Personnel. Designation and dismissal of the personnel necessary
for the maintenance and operation of the Project.
4.3.7 Financial Statements. Causing the preparation and distribution
of annual financial statements of the Association to each of the Owners, as more
specifically provided in ORS 94.670(4) to (6), as applicable. If subject to ORS
94.670(5), the Association may elect on an annual basis not to comply with ORS
94.670(5) by an affirmative vote of at least 60 percent of the Owners other than
Declarant.
4.3.8 Rules. Adoption and amendment of administrative Rules and
Regulations governing the details of operation and use of the Common Area and
administration of the Association, including a fine schedule for violations of these
Bylaws, the Declaration, or any rules or regulations promulgated thereunder. However,
any such Rules and Regulations must be subject to rescission or amendment by the
Association on a majority vote of Owners present at any properly called meeting.
4.3.9 Copies of Documents; Bank Accounts. Causing the
Association to comply with ORS 94.670 relating to maintenance within the state of
Oregon of documents delivered to the Association by Declarant, depositing all
assessments in a separate bank account in the name of the Association, payment of all
expenses of the Association from the Association's bank account, maintenance and
distribution of financial statements, and maintenance of copies suitable for duplication
of the following: the Declaration, the Articles of Incorporation, the Bylaws, the
Association Rules and Regulations and any amendments thereto, the most recent
annual financial statement, and the current operating budget of the Association.
Furthermore, the Board of Directors must cause to be maintained and kept current the
information required to enable the Association to comply with ORS 94.670.
4.3.10 Tax Returns. Causing the Association to file the necessary tax
returns of the Association.
4.3.11 Mailing Address. Establishing and maintaining a current mailing
address for the Association.
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4.3.12 Professional Services. Employment of legal, accounting, and
other personnel or consultants for reasonable compensation to perform such services as
may be required for the proper administration of the Association, and preparing and
fling the required income tax returns or forms.
4.4 Limited Authority. The Board may not take any of the following actions,
except with the vote or written assent of a majority of the voting power of the Owners
other than Declarant:
4.4.1 Third -Party Contracts. Enter into a contract with a third party
wherein the third person will furnish management or other services for the Common
Area, [the Commonly Maintained Property,] or the Association for a term longer than
three years with the following exceptions:
(a) Management contracts, service contracts, or employment contracts
made by or on behalf of the Association, the Board of Directors or the Owners;
however, if entered into before the Turnover Meeting, such contracts may not exceed
three years and may be terminated without penalty to the Declarant, the Association, or
the Board of Directors if the Board of Directors gives not less than 30 days' written
notice of termination to the other party not later than 60 days after the Turnover
Meeting.
(b) Performance-based energy or water efficiency contracts, or contracts
relating to renewable energy facilities or output serving the planned community,
including facilities leased to the association; however, such contracts may not have an
initial term of more than 20 years and must be recorded in the deed records of Lane
County. "Renewable energy facilities" has the meaning provided in ORS 94.700(2)(c).
(c) A prepaid casualty or liability insurance policy, or a casualty and
liability insurance policy, the term of which does not exceed three years, as long as the
policy permits short -rate cancellation by the insured.
4.4.2 Capital Expenditures. Incur aggregate expenditures for capital
improvements (as opposed to maintenance, repair and replacement costs) to the
Common Area [and the Commonly Maintained Property] during any fiscal year in excess
of 5 percent of the budgeted gross expenses of the Association for that fiscal year.
4.4.3 Compensating Board Members. Pay compensation to
members of the Board or officers of the Association for services performed in the
conduct of the Association's business; however, the Board may cause a member or
officer to be reimbursed for expenses incurred in carrying on the business of the
Association.
4.5 Management Agent. The Board may employ a management agent, to
be compensated in an amount established by the Board, to perform such duties and
services as the Board authorizes, including, but not limited to, the duties listed in
Section 4.3 of these Bylaws.
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4.6 Election and Term of Office. At the Turnover Meeting of the
Association, the term of office of two Directors will be fixed for two years. The term of
office of one Director will be fixed at one year. Should the number of Directors serving
on the Board be increased, the same sequential election terms will apply as nearly as is
practicable. Upon expiration of the initial term of office of each respective Director, the
Director's successor will be elected to serve a term of two years. The Directors will hold
office until their successors have been elected and hold their first meeting. At the
Turnover Meeting, upon agreement by vote of the Owners, the Owners may elect
Directors by using a ballot that permits each Owner to vote for three nominees. In that
event, the two nominees receiving the highest number of votes will be the two-year
Directors and the nominee receiving the next highest number of votes will be the one-
year Director.
4.7 Vacancies. Vacancies on the Board caused by any reason other than the
removal of a Director by a vote of the Association will be filled for the balance of the
term of each directorship by vote of a majority of the remaining Directors, even though
they may constitute less than a quorum. Each person so elected will be a Director until
a successor is elected upon expiration of the term for which the person was elected to
serve by the other Directors.
4.8 Removal of Directors. At any legal annual or special meeting (not
including actions proposed to be taken by written ballot without a meeting), any one or
more of the Directors may be removed with or without cause, by a majority vote of the
total voting power of the Owners, and a successor may be then and there elected to fill
the vacancy thus created; however, the notice of meeting must specifically indicate that
the removal of one or more named Directors is an agenda item for the meeting. Any
Director whose removal has been proposed by the Owners must be given an
opportunity to be heard at the meeting.
4.9 Organizational Meeting. The first meeting of a newly elected Board
must be held within 10 days of election at a place fixed by the Directors at the
Association meeting at which the Directors were elected, and no notice will be
necessary to the newly elected Directors in order to hold the meeting legally, as long as
a majority of the newly elected Directors are present.
4.10 Regular Meetings. Regular meetings of the Board may be held at such
time and place as determined, from time to time, by a majority of the Directors.
Regular meetings of the Board may be called by the President on at least three days'
notice to each Director, given personally or by mail, telephone, e-mail, or facsimile,
which notice must state the time, place (as hereinabove provided), and purpose of the
meeting.
4.11 Special Meetings. Special meetings of the Board may be called by the
President or Secretary or on the written request of at least two Directors. Special
meetings of the Board may be called on at least three days' notice to each Director,
Page 13 - Bylaws for Garden View Place
given personally or by mail, telephone, e-mail, or facsimile, which notice must state the
time, place (as hereinabove provided), and purpose of the meeting.
4.12 Waiver of Notice to Directors. Before, at, or after any meeting of the
Board, any Director may, in writing, waive notice of the meeting, and the waiver will be
deemed equivalent to the giving of the notice. Attendance by a Director at any meeting
of the Board will be a waiver of notice by the Director of the time and place thereof. If
all the Directors are present at any meeting of the Board, no notice to Directors will be
required, and any business may be transacted at the meeting.
4.13 Board of Directors' Quorum. At all meetings of the Board, a majority of
the existing Directors will constitute a quorum for the transaction of business, and the
acts of the majority of the Directors will be the acts of the Board. If quorum
requirements are not met at any meeting of the Board, the majority of those present
may adjourn the meeting from time to time. At any such adjourned meeting, any
business that might have been transacted at the meeting as originally called may be
transacted without further notice.
4.14 Board Meetings Open to All Association Members. Except for
executive sessions, all meetings of the Board will be open to any and all Members of
the Association; however, no Association Member will have a right to participate in the
Board's meetings unless the Member is also a member of the Board. The President will
have authority to exclude any Association Member who disrupts the proceedings at a
meeting of the Board. At the discretion of the Board, the following matters may be
considered in executive sessions: (a) consultation with legal counsel concerning rights
and duties of the Association regarding existing or potential litigation or criminal
matters; (b) personnel matters, including salary negotiations and employee discipline;
(c) negotiations of contracts with third parties; (d) collection of assessments; and (e)
any other matters permitted by the PCA.
Except in the case of an emergency, the Board must vote in an open meeting
whether to meet in executive session. If the Board votes to meet in executive session,
the presiding officer of the Board must state the general nature of the action to be
considered, as precisely as possible, and when and under what circumstances the
deliberations can be disclosed to Owners. The statement, motion, or decision to meet in
executive session must be included in the minutes of the meeting. A contract or an
action considered in executive session does not become effective unless the Board,
following the executive session, reconvenes in open meeting and votes on the contract
or action, which must be reasonably identified in the open meeting and included in the
minutes.
4.15 Notice to Association Members of Board Meetings. For other than
emergency meetings, notice of special Board meetings must be mailed to each Owner
at least seven days before the meeting by first-class mail, or at least three days before
the meeting by hand -delivery to each Lot Owner's address or by facsimile transmission.
The Board must give Owners notice of regular Board meetings at the beginning of each
Page 14- Bylaws for Garden View Place
year by first class mail or other reasonable means setting forth the time and place of
the regular meetings. For any changed time or place, the notice requirements for
special meetings will apply.
4.16 Emergency Meetings. In the event of an emergency, Board of Directors
meetings may be conducted by telephonic communication or by the use of a means of
communication that allows all Board members participating to hear each other
simultaneously or otherwise to communicate during the meeting. No notice to either
Directors or Association members will be required for such meetings of the Board of
Directors to be held for any emergency action. However, no such meeting may occur
unless at least 75 percent of the Directors participate in the meeting and after an
attempt has been made to reach each Director.
4.17 Compensation of Directors. No Director may be compensated in any
manner, except for out-of-pocket expenses.
Article 5
OFFICERS
5.1 Designation. The principal officers of the Association will be a President,
a Secretary, and a Treasurer, all of whom must be elected by the Directors. The
Directors may appoint an assistant treasurer and an assistant secretary, and any other
officers as in their judgment may be necessary.
5.2 Election of Officers. The officers of the Association may be elected by
the Board at the organizational meeting of each new Board or any Board meeting
thereafter, and will hold office at the pleasure of the Board.
5.3 Removal of Officers. Upon an affirmative vote of a majority of the
Board, any officer may be removed, either with or without cause, and the officer's
successor may be elected at any regular or special meeting of the Board.
5.4 President. The President is the chief executive officer of the Association
and will preside at all meetings of the Association and of the Board. The President has
all of the general powers and duties that are usually vested in the office of president of
an association, including, but not limited to, the power to appoint committees from
among the Owners from time to time as the President may, in the President's
discretion, decide is appropriate to assist in the conduct of the affairs of the Association.
5.5 Secretary. The Secretary must keep the minutes of all meetings of the
Board and the minutes of all meetings of the Association and will have charge of such
books and papers as the Board may direct. The Secretary will, in general, perform all
the duties incident of the office of secretary.
5.6 Treasurer. The Treasurer has responsibility for Association funds and
securities not otherwise held by the managing agent and is responsible for keeping full
Page 15 - Bylaws for Garden View Place
and accurate accounts of all receipts and disbursements in books belonging to the
Association. The Treasurer is responsible for the deposit of all monies and other
valuable effects in the name, and to the credit, of the Association in such depositories
as may from time to time be designated by the Board.
5.7 Directors as Officers. Any Director may be an officer of the Association.
Article 6
OBLIGATIONS OF THE OWNERS
6.1 Assessments. All Owners must pay assessments imposed by the
Association to meet all the Association's general common expenses, as more particularly
set forth in the Declaration. Assessments will be payable on a periodic basis, not more
frequently than monthly, as determined by the Board. Declarant (before turnover) and
the Board (after turnover) may, but will not be required to, impose interest or a service
charge for late installment payments or allow a discount for payment of the annual
assessment or any installment in advance.
6.2 Investment of Reserve Account Funds. Assessments paid into
Reserve Accounts must be kept with a safe and responsible depository and must be
accounted for separately. If invested, the obligation or security must be fully
guaranteed as to principal by the United States of America or one of its agencies.
Assessments paid into the Reserve Accounts are the property of the Association and are
not refundable to sellers of Lots. However, nothing contained herein will prevent sellers
of Lots from treating their outstanding allocable share of Reserve Accounts as a
separate or reimbursable item in a sales agreement. No Owner will have any individual
rights in any of these reserves.
6.3 Initial Assessment. The amount of the initial assessment due from Lot
owners will be determined by Declarant. The amount of the annual assessment
thereafter will be subject to review and modification by the Board of Directors.
6.3.2 Procedures. If Declarant or any other person pays all of the
operating expenses of the Association or subsidizes the expenses, the assessment will
be reduced by that amount, but will not be reduced to a sum less than the total amount
of the replacement reserve items.
Declarant must give 10 days' written notice to Owners before their
obligation to pay the full assessment begins. Thereafter, each owner, including
Declarant or the other person, must pay the assessments to the Association. In the
event that Declarant has collected initial assessments from Lot purchasers at closing
and thereafter elects to pay or subsidize the operating expenses, thereby causing the
amount of the assessment to be reduced, the one-time initial contribution collected
from Lot purchasers must be held by Declarant in a separate Association account. On
the date on which Lot owners are required to pay full assessments, the aggregate sums
Page 16 -Bylaws for Garden View Place
held in the separate account must be deposited in the Association's general account to
be used as working capital.
6.3.3 Temporary Reduction of Assessment Amount. If the
Association expenses are temporarily less than projected by Declarant because some or
most of the Lots are not yet sold or occupied, Declarant will have the authority to
reduce temporarily the amount of the assessment to reflect the lower expenses of the
project.
6.4 Income Tax Returns; Determination of Fiscal Year.
6.4.1 Fiscal Year. The fiscal year of the Association will be the
calendar year unless otherwise determined by the Board.
6.4.2 Tax Returns. The Board, in its sole discretion, will determine the
manner in which all necessary income tax returns are fled and of selecting any and all
persons to prepare the tax returns.
6.5 Statement of Assessments.
6.5.1 The Association must provide, within 10 business days of receipt
of a written request from an owner, a written statement that provides:
6.5.1.1 The amount of assessments due from the owner and
unpaid at the time the request was received,
including (a) regular and special assessments; (b)
fines and other charges; (c) accrued interest; and (d)
late payment charges.
6.5.1.2 The percentage rate at which interest accrues on
assessments that are not paid when due.
6.5.1.3 The percentage rate used to calculate the charges for
late payment or the amount of a fixed charge for late
payment.
6.5.2 The Association is not required to comply with Section 6.5.1 if the
Association has commenced litigation by filing a complaint against the owner and the
litigation is pending when the statement would otherwise be due.
6.6 Default. Failure by an Owner to pay any assessment of the Association is
a default by the Owner of the Owner's obligations under these Bylaws and the
Declaration. The Association will be entitled to the remedies set forth in the Declaration.
6.7 Maintenance and Repair.
6.7.1 Lots. Except as otherwise specifically provided in the Declaration
and these Bylaws, every Owner must promptly perform all maintenance and repair work
to the Owner's Lot and the exterior of the improvements thereon [(which do not
Page 17 - Bylaws for Garden View Place
constitute Commonly Maintained Property)] and keep the same in good repair and
sanitary and neat condition.
6.7.2 Common Area and Commonly Maintained Property. The
Association must repair and maintain the Common Area and the Commonly Maintained
Property, subject to the provisions of subsection 6.7.3.
6.7.3 Reimbursement of Association. An Owner must reimburse the
Association for any expenditures incurred in repairing or replacing any portion of the
Common Area [or of any Commonly Maintained Property] that was damaged through
the Owner's fault and that is not otherwise covered by insurance policies carried by the
Owner or the Association for the Owner's and the Association's benefit. In such
circumstances, the insurance obtained by the Owner will be deemed to be the primary
coverage. The Board of Directors will have the unfettered discretion to refuse to make a
claim on the Association's policy even though coverage may pertain. The discretion is
for the purpose of maintaining the Association's insurability and controlling the amount
of the premiums for the Association's insurance. The charge will be collectible as a
Reimbursement Assessment as provided in the Declaration.
Article 7
USE AND OCCUPANCY RESTRICTIONS; RULES OF CONDUCT
7.1 Additional Rules. In addition to the rules set forth in the Declaration,
the Board may promulgate and amend, from time to time, Rules and Regulations
concerning other use of the Property and must furnish copies of the Rules and
Regulations to any Owner or Occupant requesting such copies.
7.2 Enforcement. The Association, through its Board of Directors, has the
power to enforce the covenants and restrictions in these Bylaws and in the Declaration.
Owners have the right to bring actions or suits regarding covenants and restrictions, but
Owners have no right or power to require the Association or Board of Directors to take
any enforcement action.
7.3 Fines. The Board of Directors may, after giving written notice and an
opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws,
and Rules and Regulations of the Association, as long as fines levied are based on a
schedule previously adopted by Board resolution that is mailed to the mailing address of
each Lot or mailed to the mailing address designated in writing by the Owner(s).
Article 8
INSURANCE
8.1 General. The Board must obtain and maintain at all times insurance of
the type and kind and in the amounts hereinafter provided and additional insurance for
Page 18 - Bylaws for Garden View Place
such other risks of a similar or dissimilar nature as are now or as will be hereafter
customarily covered by insurance obtained by other planned communities similar in
construction and design. The additional insurance is governed by this Article 8.
8.2 Types of Insurance Policies [Maintained by the Association].For
the benefit of the Association and the Owners, the Board must obtain and maintain at
all times, and pay for out of the common expense funds, the following insurance to the
extent that it is available at reasonable cost:
8.2.1 Property Insurance. A policy or policies of property insurance,
including, but not limited to, fire, extended coverage, vandalism, and malicious
mischief, for the full insurable replacement value of all substantial improvements on the
Common Area to the extent such insurance is available and, if available at a reasonable
cost, building -code and actual -replacement -cost endorsements and earthquake
insurance.
8.2.2 Liability. A policy or policies insuring the Association, its Board,
the Owners individually, and the manager against any liability to the public or the
Owners and their invitees or tenants, incident to the ownership, supervision, control, or
use of the Property. Limits of liability under such insurance must be not less than
$500,000 per occurrence for bodily injuries and property damage liability. The limit and
coverage must be reviewed at least annually by the Board, which may increase the
liability limits, coverage, or both, in its discretion. The policy or policies must be issued
on a Commercial General Liability form and must provide cross -liability endorsements
wherein the rights of the named insured under the policy or policies will not be
prejudiced in his, her, or their action against another named insured.
8.2.3 Workers' Compensation. Workers' compensation insurance to
the extent that it is necessary to comply with any applicable laws.
8.3 Insurance Companies Authorized. All policies obtained under this
Article 8 must be written by a company licensed to do business in Oregon and holding a
"Commissioner's Rating" of "A+" and a size rating of "AAA" or better, by Best's
Insurance Reports, or as may be otherwise acceptable to all mortgagees and Directors.
8.4 Provisions in Insurance Policies. The Board must make every
reasonable effort to secure insurance policies that will provide for the following:
8.4.1 Waiver of subrogation. A waiver of subrogation by the insurer
on any claims against the Board, the officers, the manager, the Owners, and their
respective servants, agents, guests, and tenants.
8.4.2 Noncancellation for Owner Conduct. A provision that the
master policy on the Property cannot be canceled, invalidated, or suspended on account
of the conduct of any one or more individual Owners.
8.4.3 Noncancellation without Opportunity to Cure. A provision
that the master policy on the Property cannot be canceled, invalidated, or suspended
Page 19 - Bylaws for Garden View Place
on account of the conduct of any officer or employee of the Board or the manager
without prior demand in writing that the Board or manager cure the defect.
8.4.4 "No Other Insurance" Clauses. A provision that any "no other
insurance" clause in the master policy exclude individual Owners' policies and not
otherwise prevent such individual policies from providing coverage for damage to
Homes, Lots, or Common Area.
8.5 Home and Lot Insurance Maintained by Each Owner. The
Association will have no responsibility to procure or to assist Owners or Occupants in
procuring property loss insurance or liability insurance other than as expressly stated in
this Article 8. Owners and Occupants must procure all other insurance coverage that
they deem necessary or prudent for their protection, and are obligated to carry property
insurance with extended coverage endorsements in the amount of the replacement
value of the Owners' Homes and with minimum combined limits of $100,000 per
occurrence. Insurance coverage obtained and maintained by the Board of Directors may
be brought into contribution with that obtained and maintained by Owners or
mortgagees only in the Board of Directors'sole and unfettered discretion.
8.6 Review of Insurance Policies. At least annually, the Board must review
all insurance carried by the Association, which review must include a consultation with a
representative of the insurance carrier writing the master policy.
Article 9
AMENDMENT
Except as otherwise provided in this Article 9 and the restrictions set forth
elsewhere herein, these Bylaws may be amended at any time by an instrument
approved by at least a majority of the total votes of the Lots. Any amendment must be
executed, recorded, and certified as provided by law. However, no amendment of these
Bylaws may effect an amendment of the Declaration or the Articles without compliance
with the provisions of those documents and the Oregon Nonprofit Corporation Act, and
no amendment deleting or affecting any right of Declarant or its successor or assignee,
including, without limitation, an amendment to this Article 9, may be adopted without
the prior written consent of Declarant or its successor or assignee.
Article 10
RECORDS AND AUDITS
10.1 General Records. The Board and the managing agent or manager, if
any, must preserve and maintain minutes of the meetings of the Association, the Board,
and any Board committees as required by ORS 94.670. The Board must maintain a list
of Owners entitled to vote at meetings of the Association. The minutes of the
Association, the Board, and Board committees, and the Association's financial records
must be reasonably available for review and copying by the Owners. A reasonable
Page 20 - Bylaws for Garden View Place
charge may be imposed by the Association for providing copies. Proxies and ballots
must be retained by the Association for one year from the date of determination of the
vote.
10.2 Assessment Roll. The Board and the managing agent or manager, if
any, must maintain the assessment roll in a set of accounting books in which there
must be an account for each Lot. Each account must designate the name and address
of the Owner or Owners, the amount of each assessment against the Owner, the dates
on which and the amounts in which the assessment comes due, the amounts paid on
the account, and the balance due on the assessments.
10.3 Payment of Vouchers. The Treasurer or management agent must pay
all expenses authorized by the Board. The Treasurer or management agent must
maintain and follow reasonable procedures to ensure that the accounts and records are
proper, and to ensure that all expenditures are proper. Except in cases when an
emergency exists (e.g., a repair must be made immediately to prevent further
damage), any voucher for nonbudgeted items must require the signature of the
President; however, any withdrawal from Reserve Accounts must require the signature
of two Board members or one Board member and an officer of the Association who is
not a Board member.
Article 11
COMPLIANCE WITH THE PLANNED COMMUNITY ACT; CONFLICTS
These Bylaws are intended to comply with the provisions of the PCA, the
provisions of which apply to Lake View Estates. In case of any conflict among the
provisions of the PCA, the Articles, the Declaration, or these Bylaws, the provisions of
the PCA will control over those of the Articles and Declaration, and the provisions of the
Declaration will control over those of the Articles and these Bylaws.
Article 12
INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
The Association must indemnify any Director, officer, employee, or agent who
was or is a party or is threatened to be made a party to any threatened, pending, or
completed action, suit, or proceeding. Indemnification will be made regardless of
whether the action is civil, criminal, administrative, or investigative (other than an
action by the Association) by reason of the fact that such person is or was a Director,
officer, employee, or agent of the Association or is or was serving at the request of the
Association as a Director, officer, employee, or agent of another corporation,
partnership, joint venture, trust, or other enterprise, against expenses (including
attorneys' fees), judgments, fines, and amounts paid in settlement actually and
reasonably incurred by the person in connection with the suit, action, or proceeding.
This indemnification applies if the person acted in good faith and in a manner that the
person reasonably believed to be in, or not opposed to, the best interest of the
Association, and, with respect to any criminal action or proceedings, had no reasonable
Page 21- Bylaws for Garden View Place
cause to believe that the person's conduct was unlawful. The termination of any action,
suit, or proceeding by judgment, order, settlement, conviction, or with a plea of nolo
contendere or its equivalent, will not of itself create a presumption that a person did not
act in good faith and in a manner that the person reasonably believed to be in, or not
opposed to, the best interest of the Association, and, with respect to any criminal action
or proceedings, had reasonable cause to believe that the person's conduct was
unlawful. Payment under this Article 12 may be made during the pendency of the claim,
action, suit, or proceeding as and when incurred, subject only to the right of the
Association to reimbursement of the payment from the person, should it be proven at a
later time that the person had no right to the payment. All persons who are ultimately
held liable for their actions on behalf of the Association as a Director, officer, employee,
or agent will have a right of contribution over and against all other Directors, officers,
employees, or agents and Members of the Association who participated with or
benefited from the acts that created the liability.
Article 13
ASSESSMENT COLLECTION COSTS; SUITS AND ACTIONS
An Owner must pay reasonable fees and costs (including, but not limited to,
attorneys' fees) and actual administrative costs incurred in connection with efforts to
collect any delinquent unpaid assessments from the Owner, whether or not suit or
action is filed. Assessments against Owners may include fees, late charges, fines, and
interest imposed by the Board, in addition to amounts owed toward operating expenses
and the funding of reserves. If the Association brings against any Owner or Owners a
suit or action for the collection of any amounts due under or for the enforcement of any
provisions of the Declaration, the Articles, or these Bylaws, the Owner or Owners,
jointly and severally, must pay, in addition to all other obligations, the costs of the suit
or action, including actual administrative expenses incurred by the Association because
of the matter or act that is the subject of the suit, reasonable attorneys' fees to be fixed
by the trial court, and, in the event of an appeal, the cost of the appeal, together with
reasonable attorneys' fees in the appellate court to be fixed by the appellate court.
Article 14
MISCELLANEOUS
14.1 Notices. All notices to the Association or to the Board must be sent in
care of the managing agent or, if there is no managing agent, to the principal office of
the Association or to such other address as the Board hereafter may designate from
time to time. All notices to any Owner must be sent to such address as may have been
designated by the Owner from time to time, in writing, to the Board, or if no address
has been designated, then to the Owner's Lot. In the discretion of the Board of
Directors, any notice, information, or other written material required to be given to an
Owner or Director may be given by electronic mail, facsimile, or other form of electronic
Page 22 - Bylaws for Garden View Place
communication ("Electronic Communication's acceptable to the Board of Directors.
Notwithstanding the foregoing sentence, Electronic Communication may not be used to
give notice of (a) failure to pay an assessment; (b) foreclosure of an association lien;
(c) an action the Association may take against an Owner; or (d) an offer to use the
dispute resolution program under ORS 100.405(11). An Owner or Director may decline
to receive notice by Electronic Communication and may direct the Board of Directors to
provide notice as required elsewhere in these Bylaws, the Declaration, or the PCA.
14.2 Waiver. No restriction, condition, obligation, or provision contained in
these Bylaws will be deemed to have been abrogated or waived by reason of any failure
to enforce it, irrespective of the number of violations or breaches thereof that may have
occurred and the number of times that the pertinent restriction, condition, obligation, or
provision was not enforced.
14.3 Invalidity; Number; Captions. The invalidity of any part of these
Bylaws will not impair or affect in any manner the validity, enforceability, or effect of
the balance of these Bylaws; however, if any of the provisions of these Bylaws would
violate the rule against perpetuities or any other limitation on the duration of the
provisions herein contained imposed by law, then the provision will be deemed to
remain in effect only for the maximum period permitted by law, or if the rule against
perpetuities applies, until 21 years after the death of the last survivor of the now living
descendants of Earl McElhany. As used herein, the singular includes the plural, and the
plural the singular. The masculine and neuter each include the masculine, feminine, and
neuter, as the context requires. All captions used herein are intended solely for
convenience of reference and in no way limit any of the provisions of these Bylaws.
Article 15
ADOPTION
It is hereby certified that these Bylaws have been adopted by Garden View Place
Homeowners Association, an Oregon nonprofit corporation, Declarant of EMMB
Development LLC, and will be recorded in the Deed Records of Lane County, together
with the Declaration for said planned community.
Page 23 - Bylaws for Garden View Place
Articles of Incorporation -Nonprofit
.as (G` Secretary M$lab-Cwporefion Uvlelen-2fi5 Gepibl St NE, SURe f51-Balem.OR 89310.f3P-soe.oregan gowbusilcesa-Phone:(ac.)9W020
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REGISTRY NUMBER:
In ecwM wIM Chargi Rev. Sbtute 1929thi 490, lne Inram , on MIB Bppllcation a public newly,
we must rebase This infomition to all cattier upon requestind it will be posted an no, voltage, For ff me. only
Please Type or Print Legibly In Black Ink. Attach Additional Sheat if Naceasery.
1. NAME OF CORPORATION: Garden View Place Hcam eo W nets Association
2. REGISTERED AGENT: (individual or entirythat will accept legal 8. OPTIONAL PROVISIONS: (Attach a separate sheet ifrtecessary.)
service Far M is business) G:INDEMNIFICATION: The Corporation elects to indemnify Its
Earl McElhany directors, officers, employees, agents for liability and related
expenses under ORS 58.185 or 60.387 - 60.414.
3. REGISTERED AGENT'S PUBLICLY AVAILABLE ADDRESS:
(Must be an Oregon Street Address, which is Identical to registered
agent's office.)
2600 31st Street
(', SEE ATTACHED
9. WHO IS FORMING THIS BUSINESS? (INCORPORATORS)
Ust names and addresses of each inrorporator.
Attach a separate sheet if necessary.
Springfield, Oregon, 97477 EMMB Development LLC
4. ADDRESS WHERE THE DIVISION MAY MAIL NOTICES:
2600 31st Street
Springfield, Oregon, 97477
5. TYPE OF CORPORATION:
(_ PUBLIC BENEFIT MUTUAL BENEFIT rRELIGIOUS
6. WILL THE CORPORATION HAVE MEMBERS? CMs (—NO
ORS 65.001(281
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ASSETS TIn nay 65.166 m ASSE.
IBUTION OF TS UPON DISSOLUTION:
2600 31st Street
Springfield, Oregon, 97477
LIST INITIAL PRESIDENT AND SECRETARY NAMES AND
ADDRESSES (MAY BE Px Mua"M BY YOUR BM4Q
10. INITIAL PRESIDENT(Name antl Address)
Earl McElhany
2600 31st Street
Springfield, Oregon 97477
11. INITIAL SECRETARY (Name ane Address)
Mike Blankenship
8063 Thurston Road
To homeowners of record at time of dissolution Springfield, Oregon, 97478
12. EXECUTION/SIGNATURE OF EACH PERSON WHO IS FORMING THIS BUSINESS: (Incorporator)
I declare as an euthodzs l signer, under penalty of MITI that this document does not fraudulently conceal, obscure, alter, or otherwise misrepresent Me
identity of any person including officers, directors, employees, members, managers or agents. This Poing has been Examined by me and Is, to the best of
my knowledge and belief, true, correct antl complete. Making false statements in this document is against Me law and may be penalized by fines,
imprsmmenp or bath.
Signature: Printed Name: THE:
Eaid L Mcaltiany
CONTACT NAME: Jr. resolve questions with thls Poing)
Matthew Dahlstrom
PHONE NUMBER: looms, area rode)
360-798-2816
Artidespflmrorporitlon-Nonprofit V119)
Earl McElhany
Member of
EMMB Development, LLC
FEES
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
GARDEN VIEW PLACE HOMEOWNERS ASSOCIATION
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
GARDEN VIEW PLACE ("Declaration's is made by EMMB Development LLC ("Declarant').
RECITALS
Declarant is the owner of all the real property and improvements thereon located in
Lane County, Oregon, described as follows (the"Property'�:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Tract A and Tract B as shown on the Plat Map filed
for record on . book , pages . in the plat records of Lane County,
Oregon.
Declarant intends to develop Garden View Place Subdivision as a Class II planned
community. To establish Garden View Place Subdivision as a planned community, Declarant
desires to impose these mutually beneficial covenants, conditions, restrictions, easements,
assessments, and liens on the Property, under a comprehensive general plan of
improvement and development for the benefit of all Lots and the Common Area known as
Tract A and Tract B.
Declarant desires to provide for the preservation of the values and amenities in the
community, for the management of the common facilities within the community and to
accomplish this result, desire to subject the Property to these Covenants, Conditions and
Restrictions, charges and liens hereinafter set forth, all of which are for the benefit of the
Property and each Owner thereof.
Declarant has deemed it desirable for the efficient preservation of the values and
amenities in Garden View Place Subdivision to create a nonprofit corporation, to which will
be delegated and assigned the powers and authority to own, maintain, and administer the
Common Area which includes the Existing Private Drive; and open area described on the
above referenced Plat as Tract A and Tract B to the Garden View Place Subdivision HOA.
Upon conveyance of Tract A and Tract B to the Association, the Association will assume the
maintenance of said Common Area and assess the owners of Lots 1 through 10 equally for
the expenses.
NOW THEREFORE, Declarant declares that the Property will be held, transferred,
sold, conveyed, and occupied subject to the Oregon Planned Community Act as may be
amended from time to time (ORS 94.550-94.783, except ORS 94.595 and ORS 94.604)
Page 1- Declaration of Covenants, Conditions and Restrictions for Garden View Place
and subject to the following covenants, conditions, restrictions, easements, charges, and
liens, which will run with the land, which will be binding on all parties having or acquiring
any right, title, or interest in the Property or any part thereof, and which will inure to the
beneft of the Association and of each Owner.
Article 1
DEFINITIONS
1.1 Architectural Review Committee or ARCrefers to the committee constituted
and acting under Article 6 of this Declaration.
1.2 Articles means the Articles of Incorporation for the nonprofit corporation,
Garden View Place Homeowners' Association, as filed with the Oregon Secretary of State.
1.3 Association means and refers to Garden View Place Homeowners' Association,
an Oregon nonprofit corporation, and its successors and assigns.
1.4 Garden View Place means Lots 1 through 10 of the Property, the Private Road
depicted as Tract B; the Green Space depicted as Tract A on the Plat of Garden View Place
Subdivision filed for record on Book , Pages in the Plat Records of Lane
County, Oregon.
1.5 Boardmeans the Board of Directors of the Association.
1.6 Bylaws means and refers to the Bylaws of the Association, which will be
recorded in Lane County, Oregon, deed records.
1.7 Common Area means and refers to the Private Road and Green Space shown
on the recorded Plat of the Property, including any improvements located thereon, which
areas and improvements are intended to be devoted to the common use and enjoyment of
the members and which land has been conveyed to the Association. The Private Road
(Tract B) and the Green Space (Tract A) are to be owned by the Association and
maintained by the Association, with the cost of such maintenance assessed equally to the
owners of Lots 1 through 10.
1.8 Declaration means the covenants, conditions, restrictions, and all other
provisions set forth in this Declaration.
1.9 Declarantmeans and refers to EMMB Development LLC, an Oregon Limited
Liability Corporation, and its successors or assigns, or any successor or assign to all or the
remainder of its interest in the Property.
1.10 General Plan of Development means Declarant's general plan of development
of the Property, as approved by appropriate governmental agencies, as may be amended
from time to time.
Page 2 - Declaration of Covenants, Conditions and Restrictions for Garden View Place
1.11 Home means and refers to any portion of a structure situated on a Lot and
designed and intended for use and occupancy as a residence by a single family or
household.
1.12 Lotmeans and refers to each and any of Lots 1 through 10; provided,
however, that Lotdoes not include the Private Road or Green Space.
1.13 Members means and refers to the Owners of Lots 1 through 10.
1.14 Occupant means and refers to the occupant of a Home, whether such person
is an Owner, a lessee, or any other person authorized by the Owner to occupy the Home.
1.15 Owner means and refers to the record owner, whether one or more persons
or entities, of the fee -simple title to any Lot, or a purchaser in possession of a Lot under a
land sale contract. The foregoing does not include persons or entities who hold an interest
in any Lot merely as security for the performance of an obligation.
1.16 Plat means and refers to the Plat of Garden View Place, recorded in the plat
records of Lane County, Oregon, at book . pages . on
1.17 Piivate Road means the road within the Plat of Garden View Place Subdivision
shown as Tract B.
1.18 Property has the meaning attributed to the term in the recitals of this
Declaration.
1.19 Reserve Account(s) means and refers to an account set up by the Board to
hold funds for construction, improvements, or maintenance of the Common Area and the
Commonly Maintained Property.
1.20 Rules and Regulations means and refers to the documents containing rules,
regulations, and policies adopted by the Board or the Architectural Review Committee, as
may be amended from time to time.
Article 2
PROPERTY SUBJECT TO THIS DECLARATION
2.1 Development. The development of Garden View Place consists of the
Property, which will be held, transferred, sold, conveyed, and occupied subject to this
Declaration. Declarant does not intend to build any Common Area Improvements other
than the Private Road as delineated on the Plat.
2.2 No Right to Annex Additional Property or to Withdraw Property.
Declarant reserves no right to annex additional property to or to withdraw property from
Garden View Place.
Page 3 - Declaration of Covenants, Conditions and Restrictions for Garden View Place
Article 3
OWNERSHIP AND EASEMENTS
3.1 Nonseverability. The interest of each Owner in the use and benefit of the
Common Area is appurtenant to the Lot owned by the Owner. No Lot may be conveyed by
the Owner separately from the interest in the Common Area. Any conveyance of any Lot
automatically transfers the right to use the Common Area without the necessity of express
reference in the instrument of conveyance. There may be no judicial partition of the
Common Area. Each Owner, whether by deed, gift, devise, or operation of law, for the
Owner's benefit and for the benefit of all other Owners, specifically waives and abandons
all rights, interests, and causes of action for judicial partition of any interest in the Common
Area and agrees that no action for judicial partition may be instituted, prosecuted, or
reduced to judgment. Ownership interests in the Common Area and Lots are subject to the
easements granted and reserved in this Declaration. Each of the easements granted or
reserved herein will be deemed to be established upon the recordation of this Declaration,
will thenceforth be deemed to be covenants running with the land for the use and benefit
of the Owners and their Lots, and will be superior to all other encumbrances applied
against or in favor of any portion of Garden View Place.
3.2 Ownership of Lots. Title to each Lot in Garden View Place will be conveyed
in fee to an Owner. If more than one person or entity owns an undivided interest in the
same Lot, such cumulative persons or entities will constitute only one Owner. See Section
1.15.
3.3 Ownership of Common Area. Title to any Common Area will be conveyed
to the Association not later than the date of the Turnover Meeting (defined in Article 8).
3.4 Easements. Individual deeds to Lots may, but are not required to, set forth
the easements specified in this Article.
3.4.1 Easements on Plat. The Common Area and Lots are subject to the
easements and rights-of-way shown on the Plat.
3.4.2 Easements for Common Area. Every Owner has a nonexclusive right and
easement of use and enjoyment in and to the Common Area, which is appurtenant to and
passes with the title to every Lot. The easement is subject to ORS 94.665, as may be
amended from time to time. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 are subject to pedestrian
and vehicular access and public utility easements, as shown on the Garden View Place Plat.
3.4.3 Easements Reserved by Declarant. As long as Declarant owns any Lot,
Declarant reserves an easement over, under, and across the Common Area in order to
Page 4- Declaration of Covenants, Conditions and Restrictions for Garden View Place
carry out sales activities necessary or convenient for the sale of Lots. Declarant, for itself
and its successors and assigns, hereby retains a right and easement of ingress and egress
to, from, over, in, upon, under, and across the Common Area, and the right to store
materials thereon and to make such other use thereof as may be reasonably necessary or
incident to the construction of the improvements on the Property in such a way as not to
interfere unreasonably with the occupancy, use, enjoyment, or access to an Owner's Lot by
the Owner or the Owner's family, tenants, employees, guests, or invitees.
3.4.4 Additional [Utility and Drainage] Easements; Public Walkway
Easements. Notwithstanding anything expressed or implied to the contrary, this
Declaration is subject to all easements granted by Declarant for the installation and
maintenance of utilities and drainage facilities necessary for the development of Garden
View Place. No structure, planting, or other material that may damage or interfere with the
installation or maintenance of utilities, that may change the direction of flow of drainage
channels in the easements, or that may obstruct or retard the flow of water through
drainage channels in the easement areas may be placed or permitted to remain within any
easement area.
3.4.5 Association's Easements. Declarant grants to the Association and its duly
authorized agents and representatives such easements over the Lots and Common Area as
are necessary to perform the duties and obligations of the Association, as set forth in this
Declaration, the Bylaws, and the Articles, as the same may be amended.
3.4.6 Easement to Governmental Entities. Declarant grants a nonexclusive
easement over the Common Area to all governmental and quasigovernmental entities,
agencies, utilities, and their agents for the purposes of performing their duties as utility
providers.
3.4.7 Perimeter Easement Benefitting Association. Declarant grants to the
Association and its duly authorized agents and representatives an easement over that
perimeter portion of each Lot that is included within the building setbacks set by applicable
ordinances for the purposes of installation, maintenance, repair, and replacement of
utilities, communication lines, and drainage. The Board may grant or convey the easements
reserved herein to any governmental body or agency, any public or private utility company
or provider, or any combination of the foregoing, on a two-thirds vote of the Board
members at a duly called and held Board meeting.
3.4.8 Perimeter Easements Benefitting Owners. Every Owner has an
easement over that perimeter portion of other Lots that is included within the building
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setbacks set by applicable ordinances as may be reasonably necessary to reach the
Owner's Lot for purposes of exterior maintenance and repair of the Owner's Home and for
maintaining the landscaping on the Owner's Lot.
Article 4
LOTS AND HOMES
4.1 Residential Use. Lots may be used only for residential purposes. No trade,
craft, business, profession, commercial activity, or similar activity of any kind may be
conducted on any Lot, and no goods, equipment, vehicles, materials, or supplies used in
connection with any trade, service, or business may be kept or stored on any Lot. Nothing
in this section 4.1 will be deemed to prohibit (a) activities relating to the sale of residences,
(b) the right of Declarant or any contractor or homebuilder to construct residences on any
Lot, to store construction materials and equipment on such Lots in the normal course of
construction, and to use any residence as a sales office or model home for purposes of
sales in Garden View Place, or (c) the right of the Owner of a Lot to maintain the Owner's
personal business or professional library, keep the Owner's personal business or
professional records or accounts, handle the Owner's personal business or professional
telephone calls, or confer with business or professional associates, clients, or customers in
the Owner's residence. The Board will not approve commercial activities otherwise
prohibited by this section 4.1 unless the Board determines that only normal residential
activities would be observable outside of the residence and that the activities would not be
in violation of applicable local government ordinances.
4.2 Landscaping. Each Owner other than Declarant must obtain the ARC's prior
approval of all landscaping plans before commencing installation of any landscaping.
Landscaping for all portions of the Lot must commence within 60 days after final building
inspection by the local government jurisdiction and must be completed within six months
after the inspection. This section 4.2 applies to Lots with finished Homes being held for
sale as well as to other Lots.
4.3 Maintenance of Lots and Homes. Each Owner must maintain the Owner's
Lot and all improvements thereon in a clean and attractive condition, in good repair, and in
such fashion as not to create a fire hazard. Such maintenance includes, without limitation,
maintenance of windows, doors, garage doors, walks, patios, chimneys, and other exterior
improvements and glass surfaces. All repainting or restaining and exterior remodeling will
be subject to prior review and approval by the ARC. Each Owner must repair damage
caused to the Owner's Lot or improvements located thereon by fire, flood, storm,
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earthquake, riot, vandalism, or other causes within a reasonable period. Insurance
purchased by the Association may be used to effect such repairs, subject to the
Association's Board of Directors' right to adjust the losses with the Association's insurance
carrier.
4.4 Rental of Homes. An Owner may rent or lease the Owner's Home or a
portion thereof, provided that the following conditions are met:
4.4.1 Written Rental Agreements Required. The Owner and the tenant enter
into a written rental or lease agreement specifying that (a) the tenant is subject to all
provisions of the Declaration, Bylaws, and Rules and Regulations, and (b) a failure to
comply with any provision of the Declaration, Bylaws, and Rules and Regulations
constitutes a default under the rental or lease agreement;
4.4.2 Minimum Rental Period. The period of the rental or lease is not less than
30 days;
4.4.3 Tenant Must Be Given Documents. The Owner gives each tenant a copy
of the Declaration, Bylaws, and Rules and Regulations.
4.5 Animals. No animals, livestock, or poultry of any kind, other than a
reasonable number of household pets that are not kept, bred, or raised for commercial
purposes and that are reasonably controlled so as not to be a nuisance, may be raised,
bred, kept, or permitted within any Lot. Owners whose pets cause any inconvenience or
unpleasantness to other Owners must take all steps reasonably necessary to prevent
recurrence thereof, and Owners whose pets damage other Owners' Lots or personal
property must reimburse the other Owners for reasonable costs actually incurred by the
other Owners in repairing the damage. An Owner must ensure that the Owner's dog is
leashed when on the Property and outside of the Owner's Lot. An Owner may be required
to remove a pet upon the receipt of the third notice in writing from the Board of a violation
of any rule, regulation, or restriction governing pets within the Property.
4.6 Nuisance. No noxious, harmful, or offensive activities may be carried out on
any Lot or Common Area. Nor may anything be done or placed on any Lot or Common
Area that interferes with or jeopardizes the enjoyment of, or that is a source of annoyance
to, the Owner or other Occupants.
4.7 Parking. The Private Road may be used only for temporary parking, loading
and unloading and for vehicles providing maintenance for the Association. Vehicles parked
on the Private Road for loading and unloading may not be parked for more than two hours.
Boats, trailers, commercial vehicles, mobile homes, campers, and other recreational
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vehicles or equipment, regardless of weight, may not be parked on any part of the
Common Area, at any time or for any reason, including loading or unloading, and may not
be parked on any Lot for more than six hours or such other period as may be permitted by
the Association Rules and Regulations.
4.8 Vehicles in Disrepair. No Owner may permit any vehicle that is in a state of
disrepair or that is not currently licensed to be abandoned or to remain parked on the
Common Area at any time and may not permit them on a Lot for a period in excess of 48
hours. A vehicle will be deemed in a "state of disrepair" when the Board reasonably
determines that its presence offends the occupants of the neighborhood. If an Owner fails
to remove such a vehicle within five days following the date on which the Association mails
or delivers to the Owner a notice directing the removal, the Association may have the
vehicle removed from the Property and charge the expense of the removal to the Owner as
a Reimbursement Assessment, which may be collected and enforced as any other
assessments imposed under the Declaration and Bylaws.
4.9 Signs. No signs may be erected or maintained on any Lot, except that not
more than one "For Sale" or "For Rent' sign placed by the Owner or by a licensed real
estate agent, not exceeding 24 inches high and 36 inches long, may be temporarily
displayed on any Lot. The restrictions contained in this section 4.9 do not prohibit the
temporary placement of "political" signs on any Lot by the Owner or Occupant. However,
political signs must be removed within three days after the election day pertaining to the
subject of the sign. Real estate signs must be removed within three days after the sale
closing date.
4.10 Rubbish and Trash. No Lot or part of the Common Area may be used as a
dumping ground for trash or rubbish of any kind. All garbage and other waste must be
kept in appropriate containers for proper disposal and must be kept out of public view.
Yard rakings, dirt, and other material resulting from landscaping work may not be dumped
onto streets, the Common Area, or any other Lots. If an Owner fails to remove any trash,
rubbish, garbage, yard rakings, or any similar materials from any Lot, or the Common Area
where deposited by the Owner or the Occupants of the Owner's Lot after notice has been
given by the Board to the Owner, the Association may have the materials removed and
charge the expense of the removal to the Owner. Such a charge will constitute a
Reimbursement Assessment, which may be collected and enforced as any other
assessments imposed under the Declaration and Bylaws.
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4.11 Service Facilities. Service facilities (garbage containers, fuel tanks,
clotheslines, etc.) must be screened so that the facilities are not visible at any time from
the street or a neighboring property. All telephone, electrical, cable television, and other
utility installations must be placed underground in conformance with applicable law and
subject to approval by the ARC.
4.12 Antennas and Satellite Dishes. Except as otherwise provided by law or
this section, no exterior antennas, satellite dishes, microwave, aerial, tower, or other
devices for the transmission or reception of television, radia, or other forms of sound or
electromagnetic radiation may be erected, constructed, or placed on any Lot. With prior
written consent from the ARC, exterior satellite dishes or antennas with a surface diameter
of one meter or less and antennas designed to receive television broadcast signals only
may be placed on any Lot if they are not visible from the Private Road and are screened
from neighboring Lots. The Board or ARC may adopt reasonable rules and regulations
governing the installation, safety, placement, and screening of such antennas, satellite
dishes, and other transmission devices. Such rules may not unreasonably delay or increase
the cost of installation, maintenance, or use or preclude reception of a signal of acceptable
quality. (The ARC, in its sole discretion, may determine what constitutes a signal of
acceptable quality.) Such rules may prohibit installation of exterior satellite dishes or
antennas if signals of acceptable quality can be received by placing antennas inside a
Home without causing an unreasonable delay or cost increase. The foregoing restriction
and the authority of the ARC in this matter are subject to any regulations issued by the
Federal Communications Commission or any other applicable governmental authority.
4.13 Exterior Lighting or Noise-Making Devices. Except with the consent of
the ARC, no exterior lighting or noise-making devices, other than security and fire alarms,
may be installed or maintained on any Lot.
4.14 Basketball Hoops. No Owner may install a permanent basketball hoop on
any Lot without the ARC's prior approval. The ARC may, in its discretion, prohibit such
basketball hoops or impose permitted hours of use for such basketball hoops. Basketball
hoops are prohibited in the Common Area and on any Lot if the area of play is intended to
be the street or any Common Area.
4.15 Grades, Slopes, and Drainage. There may be no interference with the
established drainage patterns or systems over or through any Lot that affects any other Lot
or Common Area or any real property outside the Property unless adequate alternative
provision is made for proper drainage and is approved by the ARC before any such work.
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The term established drainage means the drainage swales, conduits, inlets, and outlets
designed and constructed for Declarant.
4.16 Tree -Cutting Restrictions. No tree the diameter of which is six inches or
more may be removed from any Lot without the prior approval of the ARC unless it is
diseased, poses an immediate danger to persons or property, or is within 10 feet of an
existing or proposed building or five feet of a paved surface. However, the ARC has
unfettered authority, but not the obligation, to cause the Association to trim or top trees,
shrubs, or hedges located on any Lot that is creating a nuisance, is damaging, or is a
threat to Commonly Maintained Property or that increases the cost of insurance for the
Association.
4.17 Damage or Destruction to Home or Lot. If all or any portion of a Lot or
Home is damaged by fire or other casualty, the Owner must either (a) restore the
damaged improvements or (b) remove all damaged improvements, including foundations,
and leave the Lot in a clean and safe condition. Any restoration proceeding under (a) in
this section 4.18 must be performed so that the improvements are in substantially the
same condition that they were in before the damage, unless the Owner complies with the
provisions of Article 6. The Owner must commence such work within 60 days after the
damage occurs and must complete the work within six months thereafter.
4.18 Right of Maintenance and Entry by Association. If an Owner fails to
perform maintenance, repair, or both that the Owner is obligated to perform under this
Declaration, and if the Board determines, after notice, that the maintenance, repair, or
both is necessary to preserve the attractiveness, quality, nature, value, or any combination
thereof of the Property, the Board may cause the maintenance, repair, or both to be
performed and may enter any Lot whenever entry is necessary in connection with the
performance thereof. An Owner may request, and the Board will conduct, a hearing on the
matter. The Owner's request must be in writing delivered within five days after receipt of
the notice, and the hearing must be conducted within not less than five days nor more
than 20 days after the request for a hearing is received. Entry must be made with as little
inconvenience to an Owner as practicable and only after advance written notice of not less
than 48 hours, except in emergency situations. The costs of such maintenance, repair, or
both are chargeable to the Owner of the Lot as a Reimbursement Assessment, which may
be collected and enforced as any other assessments authorized hereunder.
4.19 Association Rules and Regulations. The Board from time to time may
adopt, modify, or revoke the Rules and Regulations governing the conduct of persons and
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the operation and use of Lots and the Common Area as it may deem necessary or
appropriate to ensure the peaceful and orderly use and enjoyment of the Property and the
administration and operation of the Association. A copy of the Rules and Regulations, upon
adoption, and a copy of each amendment, modification, or revocation thereof, will be
delivered promptly by the Board to each Owner and will be binding on all Owners and
occupants of all Lots on the date of delivery or actual notice thereof. The method of
adoption of the Rules and Regulations will be provided in the Bylaws of the Association.
Subject to the Board's approval or consent, the ARC may adopt rules and regulations
pertinent to its functions.
4.20 Ordinances and Regulations. The standards and restrictions set forth in
this Article 4 are the minimum required. To the extent that Lane County ordinances and
regulations are more restrictive or provide for a higher or different standard, the local
governmental ordinances and regulations will prevail.
4.21 Temporary Structures. No structure of a temporary character or any
trailer, basement, tent, shack, garage, barn, or other outbuilding may be used on any Lot
as a residence, either temporarily or permanently.
4.22 Declarant Exemptions. Declarant is exempt from the application of section
4.9.
Article 5
COMMON AREA
5.1 Use of Common Area. Use of the Common Area is subject to the provisions
of the Declaration, Bylaws, Articles, and the Rules and Regulations adopted by the Board.
There must be no obstruction of any part of the Common Area. Nothing may be stored or
kept in the Common Area without the prior written consent of the Board. No alterations or
additions to the Common Area will be permitted without the prior written consent of the
Board.
5.2 Maintenance of Common Area. The Association will be responsible for
maintenance, repair, replacement, and upkeep of the Common Area at the equal expense
of the Owners of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. The Association must keep the
Common Area in good condition and repair, provide for all necessary services, and cause
all acts to be done that may be necessary or proper to ensure the maintenance of the
Common Area.
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5.3 Alterations to Common Area. Only the Association may construct,
reconstruct, or alter any improvement located on the Common Area. A proposal for any
construction, alteration, maintenance, or repair of any such improvement may be made at
any Board meeting. The Board may adopt a proposal, subject to the limitations contained
in the Bylaws, and this Declaration; however, no improvements may be made to the
Common Area except the construction, repair, and reconstruction of the private road, utility
installations, landscaping, curbs, and sidewalks.
5.4 Funding. Expenditures for replacement or major repairs to an existing
improvement for which a reserve has been collected will be made from the Reserve
Account. Regular maintenance, repair, and operating expenses will be funded by annual
assessments as provided in section 10.4. As provided in section 10.5, the Board may levy a
special assessment to fund any construction, alteration, repair, or maintenance of an
improvement (or any other portions of the Common Area) for which no reserve has been
collected or for which the Reserve Account is insufficient to cover the cost of the proposed
construction, alteration, repair, or maintenance.
5.5 Landscaping. All landscaping on any Lot or on the Common Area must be
maintained and cared for in a manner that is consistent with Declarant's or the ARC's
original approval of the landscaping. Weeds and diseased or dead lawn, trees,
groundcover, or shrubs must be removed and replaced. Lawns must be neatly mowed, and
trees and shrubs must be neatly trimmed. All landscaping must be irrigated in a
horticulturally proper manner, subject to water use restrictions or moratoria by government
bodies or agencies.
5.6 Condemnation of Common Area. If all or any portion of the Common
Area is taken for any public or quasi -public use under any statute, by right of eminent
domain, or by purchase in lieu of eminent domain, the Board will receive and expend the
entire award in a manner that, in the Board's discretion, is in the best interest of the
Association and the Owners. The Association must represent the interest of all Owners in
any negotiations, suit, action, or settlement in connection with such matters.
5.7 Damage or Destruction of Common Area. If all or any portion of the
Common Area is damaged or destroyed by an Owner or any of the Owner's guests,
Occupants, tenants, licensees, agents, or members of the Owner's family in a manner that
would subject the Owner to liability for the damage under Oregon law, the Owner hereby
authorizes the Association to repair the damage. The Association must repair the damage
and restore the area in workmanlike manner as originally constituted or as may be
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modified or altered subsequently by the Association in the discretion of the Board.
Reasonable costs incurred in connection with effecting the repairs will become a special
assessment on the Lot and against the Owner who caused or is responsible for the
damage.
5.8 Power of Association to Sell, Dedicate, or Transfer Common Area. As
provided in ORS 94.665, the Association may sell, dedicate, transfer, grant a security
interest in, or grant an easement for installation and maintenance of utilities or for similar
purposes with respect to, any portion of the Common Area. Except for grants of easements
for utility -related purposes, no such sale, dedication, transfer, or grant of a security interest
will be effective unless approved by all lot owners.
Article 6
ARCHITECTURAL REVIEW COMMITTEE
6.1 Architectural Review. No improvement may be commenced, erected,
placed, or altered on any Lot until the construction plans and specifications showing the
nature, shape, heights, materials, colors, and proposed location of the improvement have
been submitted to and approved in writing by the ARC. This Article's purpose is to ensure
quality of workmanship and materials and harmony between exterior design and the
existing improvements and landscaping and between location and topography and finished -
grade elevations. The ARC is not responsible for determining compliance with structural
and building codes, solar ordinances, zoning codes, or other governmental regulations, all
of which are the applicant's responsibility. The procedure and specific requirements for
review and approval of construction must be set forth in design guidelines and standards
adopted from time to time by the ARC. The provisions of this Article 6 apply in all instances
in which this Declaration requires the ARC's consent.
6.2 Appointment and Removal. Declarant reserves the right to appoint all
members of the ARC and all replacements thereto until Declarant no longer owns any lot of
the Garden View Place Subdivision. The ARC will consist of no fewer than three members
and no more than five members. Each ARC member will serve for one year. After Declarant
sells all lots of Garden View Place Subdivision, Declarant will assign to the Board the right
to appoint and remove members of the ARC. Board members and persons who are not
Owners but who have special expertise regarding the matters that come before the ARC
may serve as all or some of the ARC's members. In the Board's sole discretion, non -Owner
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members of the ARC may be paid. The Board may appoint itself as the ARC or any of its
members to the ARC. If an ARC has not been appointed, the Board will serve as the ARC.
6.3 Majority Action. Except as otherwise provided in this Declaration, a
majority of the members of the ARC have the power to act on behalf of the ARC, without
the necessity of a meeting and without the necessity of consulting the remaining member
or members of the ARC. The ARC may render its decision only by written instrument
setting forth the action taken by the members consenting thereto.
6.4 Duties. The ARC must consider and act on the proposals, plans, or proposals
and plans submitted under this Article 6. The ARC, from time to time and in its sole
discretion, may adopt architectural rules, regulations, and guidelines ("Architectural
Standards'O. The Architectural Standards will interpret and implement the provisions of this
Declaration for architectural review and guidelines for architectural design, placement of
buildings, color schemes, exterior finishes and materials, and similar features that may be
used in Garden View Place; however, the Architectural Standards will not be in derogation
of the minimum standards established by this Declaration.
6.5 Decision. The ARC must render its written decision approving or denying
each application submitted to it within 15 business days (not including Saturdays, Sundays,
and legal holidays) after its receipt of all materials required with respect to the application.
If the ARC fails to render its written decision within 30 days of its receipt of all required
materials or request an extension, the application will be deemed approved. The ARC is
entitled to request one or more extensions of time, not to exceed 45 days. In the event of
any extension requests, if the ARC does not render a written decision within 15 days after
the expiration of the extension(s), the application will be deemed approved. However, the
applicant may agree to further extensions to allow the applicant to complete or supplement
the application.
6.6 Discretion. The ARC, in its sole discretion, may withhold consent to any
proposed work if the ARC finds that the proposed work would be inappropriate for the
particular Lot or incompatible with the design standards that the ARC intends for the
Property, as long as the ARC complies with ORS 94.762 regarding electric vehicle charging
stations. The ARC may consider siting, shape, size, color, design, height, solar access, or
other effects on the enjoyment of other Lots or the Common Area, and any other factors
that it reasonably believes to be relevant in determining whether to consent to any
proposed work.
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6.7 Nonwaiver. Consent by the ARC to any matter proposed to it or within its
jurisdiction will not constitute precedent or waiver impairing its right to withhold approval
of any similar matter thereafter proposed or submitted to it for consent.
6.8 Appeal. After Declarant has assigned the right to appoint ARC members to
the Board under section 6.2, any Owner adversely impacted by ARC action may appeal the
action to the Board. The appealing Owner must submit to the Board a written notice of
appeal, setting forth specific objections or mitigating circumstances justifying the appeal,
within 10 days after the ARC's action. The Board must issue a final, conclusive decision
within 45 days after receipt of the notice, and the decision will be final and binding on the
appealing Owner and the ARC. However, the Board must make reasonable efforts to reach
a decision within 20 days. If the Board is serving as the ARC, then the appeal will be
deemed a request for reconsideration.
6.9 Effective Period of Consent. The ARC's consent to any proposed work will
automatically expire three months after issuance unless construction of the project has
been commenced or the Owner has applied for and received an extension of time from the
ARC.
6.10 Determination of Compliance. The ARC may inspect, from time to time,
all work performed and determine whether it is in substantial compliance with the approval
granted. If the ARC finds that the work was not performed in substantial compliance with
the approval granted, or if the ARC finds that the approval required was not obtained, the
ARC must notify the Owner in writing of the noncompliance. The notice must specify the
particulars of noncompliance and must require the Owner to remedy the noncompliance.
6.11 Noncompliance. If the ARC determines that an Owner has not constructed
an improvement consistent with the specifications of an ARC approval or has constructed
an improvement without obtaining ARC approval, sends a notice of noncompliance to the
Owner, and the Owner fails to commence diligently remedying the noncompliance in
accordance with the notice, then, effective at 5:00 p.m. on the third day after issuance of
the notice, the ARC must provide notice of a hearing to consider the Owner's continuing
noncompliance. The hearing must be set not more than 30 days from the date on which
the notice of noncompliance was issued. At the hearing, if the ARC finds that there is no
valid reason for the continuing noncompliance, the ARC must determine the estimated
costs of achieving compliance and may issue a fine against the noncomplying Owner for
that amount. The ARC also must require the Owner to remedy the noncompliance within
10 days after the date of the ARC's determination. If the Owner does not comply with the
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ARC's ruling within the 10 -day period or any extension thereof granted by the ARC, at its
sole discretion, the ARC may remove the noncomplying improvement, remedy the
noncompliance, record a notice of noncompliance in the county deed records, or take any
combination of those actions. The costs of any such action will be assessed against the
Owner as a Reimbursement Assessment either before or after any remedial action is taken.
6.12 Liability. Neither the ARC nor any member thereof will be liable to any
Owner, Occupant, or builder for any damage, loss, or prejudice suffered or claimed on
account of any action or failure to act of the ARC or a member thereof, as long as the ARC
or the member has, in accordance with its or his or her actual knowledge, acted in good
faith.
6.13 Estoppel Certificate. Within 15 working days after the ARC's receipt of a
written request from an Owner and the ARC's receipt of payment of a reasonable fee fixed
by the ARC to cover costs, the ARC must provide the Owner with a certificate executed by
the chairperson or other authorized member of the ARC certifying with respect to any Lot
owned by the Owner that, as of the date thereof either (a) all improvements made or done
on the Lot comply with this Declaration, or (b) the improvements do not so comply, in
which event, the certificate must also identify the noncomplying improvements and set
forth with particularity the nature of the noncompliance. The Owner and the Owner's heirs,
devisees, successors, and assigns will be entitled to rely on the certificate with respect to
the matters set forth therein. The certificate will be conclusive as among Declarant, the
ARC, the Association, all Owners, and all persons deriving any interest through any of
them.
6.14 Fees. The ARC may charge applicants a reasonable application fee and
additional costs incurred or expected to be incurred by the ARC to retain architects,
attorneys, engineers, and other consultants to advise the ARC concerning any aspect of the
applications or compliance with any appropriate architectural criteria or standards,
including, without limitation, those pertinent to house siting and height. The fees will be
collectible as assessments under Article 10.
6.15 Declarant and Successor Exempt from ARC. The Declarant and its successor
to all of the unsold Lots are exempt from the requirement to submit to and have plans
approved by the ARC. However, the Declarant and its successor are not exempt from the
provisions of Article 4 of this Declaration, except as set forth in section 4.23.
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Article 7
MEMBERSHIP IN THE ASSOCIATION
7.1 Members. Each Owner is a member of the Association. See Section 1.15.
Membership in the Association is appurtenant to, and may not be separated from,
ownership of any Lot. Transfer of ownership of a Lot automatically transfers membership in
the Association. Without any other act or acknowledgment, Occupants and Owners will be
governed and controlled by this Declaration, the Articles, Bylaws, and the Rules and
Regulations of the Association and any amendments thereof.
7.2 Proxy. Each Owner may cast the Owner's vote in person, by written ballot,
by electronic ballot if the Board of Directors so elects, or by a proxy executed by the
Owner. An Owner may not revoke a proxy given under this section 7.2 except by actual
notice of revocation to the person presiding over a meeting of the Association. A proxy will
not be valid if it is undated or purports to be revocable without notice. A proxy will
terminate one year after its date, unless the proxy specifies a shorter term.
7.3 Voting Rights. The Association has two classes of voting members:
7.3.1 Class A. Class A members include all Owners of Lots other than
Declarant, and each Class A member is entitled to one vote for each Lot owned with
respect to all matters on which Owners are entitled to vote.
7.3.2 Class B. The Class B member is the Declarant, its successors, and its
assigns. The Class B member has three votes for each Lot owned. The Class B
membership will cease and be converted to Class A membership upon the earlier of
the following dates (the "Termination Date'):
(a) The date on which Eight of the total 10 lots in Garden View Place have
been sold and conveyed to Owners other than Declarant; or
(b) The date on which Declarant elects in writing to terminate Class B
membership.
After the Termination Date, each Owner, will have one vote for each Lot owned with
respect to all matters on which Owners are entitled to vote, and the total number of votes
will be equal to the total number of Lots subject to this Declaration.
When more than one person or entity owns a Lot, the vote for the Lot may be cast
as they determine, but in no event will fractional voting be allowed. Fractional or split votes
will be disregarded, except for purposes of determining a quorum.
7.4 Procedure. All meetings of the Association, the Board, the ARC, and
Association committees will be conducted with such rules of order as may from time to
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time be adopted by the Board. Unless other rules of order are adopted by a resolution of
the Board, Robert's Rules of Order published by the Robert's Rules Association will apply.
Notwithstanding which rules of order are adopted, the President will be entitled to vote on
all matters, not merely to break a tie vote. A tie vote does not constitute a majority or
approval of any motion or resolution
Article 8
DECLARANT CONTROL
8.1 Interim Board and Officers. Declarant hereby reserves administrative
control of the Association. Declarant, in its sole discretion, has the right to appoint and
remove members of an interim board (the "Interim Board"), which will manage the affairs
of the Association and be invested with all powers and rights of the Board until the
Turnover Meeting (as hereinafter defined). The Interim Board will consist of one to three
members. Notwithstanding the provision of this section 8.1, at the Turnover Meeting, at
least one Director will be elected by Owners other than Declarant, even if Declarant
otherwise has voting power to elect all three Directors.
8.2 Turnover Meeting. Declarant must call a meeting for the purposes of
turning over administrative control of the Association from Declarant to the Class A
members within 90 days of the earlier of the following dates:
8.2.1 Earliest Date. The date on which Eight Lots in Garden View Place have been
sold and conveyed to persons other than Declarant; or
8.3.2 Optional Turnover. The date on which Declarant has elected in writing to
terminate Class B membership.
Declarant must give notice of the Turnover Meeting to each Owner as provided in
the Bylaws. If Declarant does not call the Turnover Meeting required under this section 8.3,
any Owner may do so.
Article 9
DECLARANT'S SPECIAL RIGHTS
9.1 General. Declarant is undertaking the work of developing Lots and other
improvements within Garden View Place. The completion of the development work and the
marketing and sale of the Lots is essential to the establishment and welfare of the Property
as a residential community. Until the Homes on all Lots on the Property have been
constructed, fully completed, and sold, with respect to the Common Area and each Lot on
the Property, Declarant has the special rights set forth in this Article 9.
Page 18 - Declaration of Covenants, Conditions and Restrictions Garden View Place
9.2 Marketing Rights. Declarant has the right to maintain a sales office and
model on one or more of the Lots that Declarant owns. Declarant and prospective
purchasers and their agents have the right to use and occupy the sales office and models
during reasonable hours any day of the week. Declarant may maintain a reasonable
number of "For Sale" signs at reasonable locations on the Property, including, without
limitation, on the Common Area.
9.3 Declarant Easements. Declarant reserves easements over the Property as
more fully described in sections 3.4 and 3.5 hereof.
9.4 Additional Improvements. Declarant does not agree to build any
improvements not described in this Declaration.
Article 10
FUNDS AND ASSESSMENTS
10.1 Purpose of Assessments; Expenses. The assessments levied by the
Association will be used exclusively to promote the recreation, health, safety, aesthetics,
and welfare of the Owners and Occupants of Garden View Place, for the improvement,
operation, and maintenance of the Common Area and the Commonly Maintained Property,
for the administration and operation of the Association, for the payment of the pro rata
share of the "Common Area Maintenance and Operating Expenses" and for any property
and liability insurance.
10.2 Covenants to Pay. Declarant and each Owner covenant and agree to pay
the Association the assessments and any additional charges levied under this Declaration
or the Bylaws. All assessments for operating expenses, repairs and replacement, and
reserves will be allocated among the Lots and their Owners as set forth in section 10.4.2.
10.2.1 Funds Held in Trust. The assessments collected by the
Association will be held by the Association for and on behalf of each Owner and may be
used solely as set forth in section 10.1. Upon the sale or transfer of any Lot, the Owner's
interest in such funds will be deemed automatically transferred to the successor in interest
to the Owner.
10.2.2 Offsets. No offsets against any assessment will be permitted
for any reason, including, without limitation, any claim that the Association is not properly
discharging its duties.
10.2.3 Right to Profits. Association profits, if any, will be the
property of the Association and will be contributed to the Current Operating Account.
Page 19 - Declaration of Covenants, Conditions and Restrictions Garden View Place
10.3 Basis of Assessment; Commencement of Assessments. Declarant must
pay all common expenses of the Association until the Lots are assessed for common
expenses. The amount and date of commencement of the initial annual assessment,
including the assessment of reserves, if any, to Owners other than Declarant will be
determined by Declarant. In the sole and unfettered discretion of Declarant, Declarant may
defer payment of reserves for a Lot until the Lot is conveyed to a third party. However,
Declarant may not defer payment of accrued reserves beyond the date of the Turnover
Meeting.
10.4 Annual Assessments. Annual assessments for each fiscal year will be
established when the Board approves the budget for that fiscal year. The initial annual
assessment will be determined by Declarant and will be prorated on a monthly basis at the
time of the closing of the first sale from Declarant. For proration purposes, any portion of a
month will count as a full month. Annual assessments will be payable on a periodic basis,
not more frequently than monthly, as determined by the Board. The fiscal year will be the
calendar year unless another year is adopted by vote of the Association members.
10.4.1 Budgeting. Each year the Board will prepare, approve, and
make available to each Member a pro forma operating statement (budget) containing (a)
estimated revenue and expenses on an accrual basis; (b) the amount of the total cash
reserves of the Association currently available for replacement or major repair of the
Common Area and Commonly Maintained Property and for contingencies; (c) an itemized
estimate for the remaining life of improvements, and the methods of funding to defray
repair, replacement, or additions to major components of improvements, as provided in
section 10.6.2; and (d) a general statement setting forth the procedures used by the Board
in the calculation and establishment of reserves to defray the costs of repair, replacement,
or additions to major components of the Common Area and the Commonly Maintained
Property. Notwithstanding that budgeting will be done on an accrual basis, the
Association's books will be kept on a cash basis and the Association will be a cash basis
taxpayer, unless applicable governmental regulations require otherwise. For the first fiscal
year, the budget must be approved by the Board no later than the date on which annual
assessments are scheduled to commence. Thereafter, the Board must annually prepare
and approve the budget and distribute a copy or summary thereof to each Member,
together with written notice of the amount of the annual assessments to be levied against
each Owner's Lot, within 30 days after adoption of the budget.
Page 20 - Declaration of Covenants, Conditions and Restrictions Garden View Place
10.4.2 Allocation of Assessments. Except for Reimbursement
Assessments, the total amount in the budget will be charged equally against all Lots as
annual assessments.
10.4.3 Nonwaiver of Assessments. If before the expiration of any
fiscal year the Association fails to fix annual assessments for the next fiscal year, the
annual assessments established for the preceding year will continue until a new annual
assessment is fixed.
10.5 Special Assessments. The Board or the Owners have the power to levy
special assessments against an Owner or all Owners in the following manner for the
following purposes:
10.5.1 Correct Deficit. To correct a deficit in the operating budget,
by vote of a majority of the Board;
10.5.2 Special Obligations of an Owner. To collect amounts due to
the Association from an Owner for breach of the Owner's obligations under this
Declaration, the Bylaws, or the Rules and Regulations, by vote of a majority of the Board;
10.5.3 Repairs. To collect additional amounts necessary to make
repairs or renovations to the Common Area or Commonly Maintained Property if sufficient
funds are not available from the operating budget or replacement reserve accounts, by
vote of a majority of the Board; or
10.5.4 Capital Improvements. To make capital acquisitions,
additions, or improvements, by vote of at least 80 percent of all votes allocated to the Lots.
10.5.5 Reimbursement Assessments. The Association must levy an
assessment against any Owner and the Owner's Lot if a failure to comply with this
Declaration, Bylaws, Architectural Standards, or any Rules and Regulations has (a)
necessitated an expenditure of monies by the Association to effect compliance or (b)
resulted in the imposition of a fine or penalty against the Owner or the Owner's Lot (a
"Reimbursement Assessment'l. A Reimbursement Assessment is due and payable to the
Association when levied. A Reimbursement Assessment may not be levied by the
Association except on at least 10 days' written notice to the Owner being assessed. If,
within the 10 -day period, the Owner makes a written request to the Board for a hearing, a
hearing must be held. Upon request for a hearing, the Board must conduct it not less than
10 nor more than 30 days after the request by the Owner, and must make its decision
within not more than 30 days after the hearing is held. If a notice has been previously
given, and the hearing has already been held or waived (in writing or by the Owner's
Page 21 - Declaration of Covenants, Conditions and Restrictions Garden View Place
failure to appear) for the violation resulting in the Reimbursement Assessment, no
additional notice and hearing is required before levying the Reimbursement Assessment.
10.6 Accounts.
10.6.1 Types of Accounts. Assessments collected by the Association
will be deposited into at least two separate accounts with a bank, which accounts will be
clearly designated as (a) the Current Operating Account and (b) the Reserve Account. The
Board must deposit those portions of the assessments collected for current maintenance
and operation into the Current Operating Account and must deposit those portions of the
assessments collected as reserves for replacement and deferred maintenance of capital
improvements into the Reserve Account. Withdrawal of funds from the Association's
Reserve Account requires the signatures of either two Directors or one Director and an
officer of the Association who is not a Director. In its books and records, the Association
must account separately for operating expenses relating to the Common Area and
Commonly Maintained Property and operating expenses relating to all other matters, as
well as for necessary reserves relating to the Common Area [and Commonly Maintained
Property] and necessary reserves relating to all other matters.
10.6.2 Reserve Account. Declarant must establish a Reserve
Account, in the name of the Association, which must be kept separate from all other funds
held by the Association. The Association will pay out of the Reserve Account only those
costs that are attributable to the maintenance, repair, or replacement of Common Area
property [and Commonly Maintained Property] that normally requires replacement, in
whole or in part, within one to 30 years and not for regular or periodic maintenance and
expenses. No funds collected for the Reserve Account may be used for ordinary current
maintenance and operation purposes.
10.6.2.1 Calculation of Reserve Assessment; Reserve
Study. The Board of Directors of the Association must conduct as often as necessary, but
no longer than every 5 years, a reserve study, or review and update an existing study, of
the Common Area [and Commonly Maintained Property] to determine the Reserve Account
requirements. A Reserve Account must be established for those items of the Common Area
[and Commonly Maintained Property] all or part of which will normally require replacement
in more than one and less than 30 years for maintenance, repair, or replacement of other
items as may be required under the Declaration or Bylaws or that the Board of Directors, in
its discretion, may deem appropriate. The Reserve Account need not include items that
Page 22 - Declaration of Covenants, Conditions and Restrictions Garden View Place
could reasonably be funded from operating assessments. The reserve study must include
(a) identification of all items for which reserves are required to be established; (b) the
estimated remaining useful life of each item as of the date of the reserve study; (c) the
estimated cost of maintenance, repair, or replacement of each item at the end of its useful
life; and (d) a 30 -year plan with regular and adequate contributions, adjusted by estimated
inflation and interest earned on reserves, to meet the maintenance, repair, and
replacement schedule.
The Reserve Account assessment must be allocated according to section 10.4.2.
10.6.2.2 Investment of Reserve Account. Nothing in this
section 10.6 prohibits the prudent investment of Reserve Account funds, subject to any
constraints imposed by the Oregon Planned Community Act, the Board, the Bylaws, or the
Rules and Regulations.
10.6.2.3 Refunds of Assessments. Assessments paid into the
Reserve Account are the property of the Association and are not refundable to sellers or
Owners of Lots. Sellers or Owners of Lots may treat their outstanding share of the Reserve
Account's balance as a separate item in the sales contract providing for the conveyance of
their Lot.
10.6.3 Current Operating Account. All costs other than those to be
paid from the Reserve Account under section 10.6.2 may be paid from the Current
Operating Account.
10.7 Default in Payment of Assessments; Enforcement of Liens.
10.7.1 Personal Obligation. Any assessment properly imposed under
this Declaration or the Bylaws is the joint and several personal obligation of all Owners of
the Lot to which the assessment pertains. In a voluntary conveyance (i.e., one other than
through foreclosure or a deed in lieu of foreclosure), the grantees will be jointly and
severally liable with the grantors for all Association assessments imposed through the
recording date of the instrument effecting the conveyance. A suit for a money judgment
may be initiated by the Association to recover the assessments without either waiving or
foreclosing the Association's lien.
10.7.2 Association Lien. The Association has a lien against each Lot
for any assessment of any type provided for by this Declaration or the Bylaws or
installment thereof that is delinquent. The lien will accumulate all future assessments or
installments, interest, late fees, penalties, fines, attorney fees (whether or not suit or
action is instituted), actual administrative costs, and other appropriate costs properly
Page 23 - Declaration of Covenants, Conditions and Restrictions Garden View Place
chargeable to an Owner by the Association, until such amounts are fully paid. Recording of
the Declaration constitutes record notice and perfection of the lien. The lien may be
foreclosed at any time in accordance with the Oregon Planned Community Act. The
Association must record a notice of a claim of lien for assessments and other charges in the
deed records of Lane County, Oregon, before any suit to foreclose may be filed. The lien of
the Association will be superior to all other liens and encumbrances except property taxes
and assessments; any first mortgage, deed of trust, or land sale contract recorded before
the Association's notice of lien; and any mortgage or deed of trust granted to an
institutional lender that is recorded before the Association's notice of lien.
10.7.3 Interest, Fines, Late Fees, and Penalties. The Board, in its
reasonable discretion, may from time to time adopt resolutions to set the rate of interest
and to impose late fees, fines, and penalties on delinquent assessments or for violations of
the provisions of this Declaration, the Bylaws, Architectural Standards, and the Rules and
Regulations adopted by the Board or the ARC. The adoption of such impositions must be
communicated to all Owners in writing not less than 30 days before the effective date by a
notice mailed to the assessment billing address of each Owner. The impositions will be
considered assessments that are henable and collectible in the same manner as any other
assessments; however, fines or penalties for violation of this Declaration, the Bylaws, or
the Rules and Regulations, other than late fees, fines, or interest arising from an Owner's
failure to pay regular, special, or reimbursement assessments may not be imposed against
an Owner or the Owner's Lot until the Owner is given an opportunity for a hearing as
elsewhere provided herein.
10.7.4 Acceleration of Assessments. If an Owner is delinquent in
payment of any assessment or installment on any assessment, the Association, on not less
than 10 days' written notice to the Owner, may accelerate the due date of the full annual
assessment for that fiscal year and all future installments of any special assessments.
10.7.5 Association's Right to Rents; Receiver. In any foreclosure
suit by the Association with respect to a lien described in section 10.7.2, the Association is
entitled to collect reasonable rent from the defaulting Owner for the use of the Owner's Lot
and is entitled to the appointment of a receiver.
Article 11
GENERAL PROVISIONS
11.1 Records. The Board must preserve and maintain minutes of the meetings of
the Association, the Board, and any committees. The Board must also keep detailed and
Page 24 - Declaration of Covenants, Conditions and Restrictions Garden View Place
accurate financial records, including individual assessment accounts of Owners, the balance
sheet, and income and expense statements. Individual assessment accounts must
designate the name and address of the Owner or Owners of the Lot, the amount of each
assessment as it becomes due, the amounts paid on the account, and the balance due on
the assessments. The minutes of the Association, the Board, and Board committees, and
the Association's financial records must be maintained in the State of Oregon and
reasonably available for review and copying by the Owners. A reasonable charge may be
imposed by the Association for providing copies.
11.2 Indemnification of Directors, Officers, Employees, and Agents. The
Association must indemnify any Director, officer, employee, or agent who was or is a party
or is threatened to be made a party to any threatened, pending, or completed action, suit,
or proceeding, whether civil, criminal, administrative, or investigative (other than an action
by the Association) by reason of the fact that the person is or was a Director, officer,
employee, or agent of the Association or is or was serving at the request of the Association
as a Director, officer, employee, or agent of another corporation, partnership, joint
venture, trust, or other enterprise, against expenses (including attorney fees), judgments,
fines, and amounts paid in settlement actually and reasonably incurred by the person in
connection with the suit, action, or proceeding if the person acted in good faith and in a
manner that the person reasonably believed to be in, or not opposed to, the best interest
of the Association, and, with respect to any criminal action or proceedings, had no
reasonable cause to believe that the person's conduct was unlawful. The termination of any
action, suit, or proceeding by judgment, order, settlement, conviction, or plea of nolo
contendere or its equivalent, will not of itself create a presumption that a person did not
act in good faith and in a manner that the person reasonably believed to be in, or not
opposed to, the best interest of the Association, and, with respect to any criminal action or
proceedings, had reasonable cause to believe that the person's conduct was unlawful.
Payment under this clause may be made during the pendency of the claim, action, suit, or
proceeding as and when incurred, subject only to the right of the Association to
reimbursement of the payment from the person, should it be proven at a later time that
the person had no right to the payments. All persons who are ultimately held liable for their
actions on behalf of the Association as a Director, officer, employee, or agent will have a
right of contribution over and against all other Directors, officers, employees, or agents and
members of the Association who participated with or benefited from the acts that created
the liability.
Page 25 - Declaration of Covenants, Conditions and Restrictions Garden View Place
11.3 Enforcement; Attorney Fees. The Association, the Owners, and any
mortgagee holding an interest on a Lot have the right to enforce all of the covenants,
conditions, restrictions, reservations, easements, liens, and charges now or hereinafter
imposed by any of the provisions of this Declaration as may appertain specifically to such
parties or Owners by any proceeding at law or in equity. Failure by either the Association
or by any Owner or mortgagee to enforce any covenant, condition, or restriction herein
contained will in no event be deemed a waiver of their right to do so thereafter. If suit or
action is commenced to enforce the terms and provisions of this Declaration (including
without limitations, suit or action for the collection of assessments), the prevailing party will
be entitled to its actual administrative costs incurred because of a matter or event that is
the subject of the suit or action, attorney fees and costs in the suit or action to be fixed by
the trial court, and in the event of an appeal, the cost of the appeal, together with
reasonable attorney fees, to be set by the appellate court. In addition thereto, the
Association will be entitled to its reasonable attorney fees and costs incurred in any
enforcement activity or to collect delinquent assessments, together with the Association's
actual administrative costs, whether or not suit or action is filed.
11.4 Severability. Invalidation of any one of these covenants, conditions, or
restrictions by judgment or court order will not affect the other provisions hereof and the
same will remain in full force and effect.
11.5 Duration. The covenants, conditions, and restrictions of this Declaration run
with and bind the land for a term of 35 years from the date of this Declaration being
recorded, after which time they will be automatically extended for successive periods of 10
years, unless rescinded by a vote of at least 75 percent of the Owners and 90 percent of
the first mortgagees; however, amendments that do not constitute rescission of the
planned community may be adopted as provided in section 11.6.
11.6 Amendment. Except as otherwise provided in section 11.5 or ORS 94.590,
and the restrictions set forth elsewhere herein, this Declaration may be amended at any
time by an instrument approved by not less than 75 percent of the total votes allocated to
the Lots, without regard to the enhanced voting rights of the Class B Member. Any
amendment must be executed, recorded, and certified as provided by law; however, no
amendment of this Declaration will effect an amendment of the Bylaws or Articles without
compliance with the provisions of those documents and the Oregon Nonprofit Corporation
Act, and no amendment affecting the general plan of development or any other right of
Declarant herein contained may be effected without the express written consent of
Page 26 - Declaration of Covenants, Conditions and Restrictions Garden View Place
Declarant or its successors and assigns, including, without limitation, amendment of this
section 11.6. Furthermore, as long as there is Class B membership, any amendment to
these Bylaws must be approved by the U.S. Department of Housing and Urban
Development or the U.S. Department of Veterans Affairs, whichever is applicable.
11.7 Release of Right of Control. Declarant may give up its right of control in
writing at any time by notice to the Association.
11.8 Unilateral Amendment by Declarant. In addition to all other special
rights of Declarant provided in this Declaration, Declarant may amend this Declaration in
order to comply with the requirements of the Federal Housing Administration of the United
States, the Federal National Mortgage Association, the Government National Mortgage
Association, the Federal Home Loan Mortgage Corporation, any department, bureau,
board, commission, or agency of the United States or the State of Oregon, or any other
state in which the Lots are marketed and sold, or any corporation wholly owned, directly or
indirectly, by the United States or the State of Oregon, or such other state, the approval of
which entity is required in order for it to insure, guarantee, or provide financing in
connection with development of the Property and sale of Lots. Before the Turnover
Meeting, no such amendment will require notice to or approval by any Class A member.
11.9 Resolution of Document Conflicts. In the event of a conflict among any
of the provisions in the documents governing Garden View Place, the conflict must be
resolved by looking to the following documents in the order shown below:
1. Declaration;
2. Articles;
3. Bylaws;
4. Rules and Regulations.
Page 27 - Declaration of Covenants, Conditions and Restrictions Garden View Place
Owner Signatures
This application form is used for both the required pre -submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
,Pre -Submittal
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. if the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
i/we do hereby acknowle o that i/we are iegaiiy responsible for all statutory
timelines, information, r oests and requirements conveyed to my representative.
Owner:
-.---Date:
Signature
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