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HomeMy WebLinkAboutAgreement APPLICANT 4/11/2008 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR RIVER GROVE (Lots 1Through 5) PRE-SUBMITTAL REC'O APR 1 1 Z008 THIS DECLARATION rnade on the date hereinafter set forth by JOHN W. NEPUTE, hereinafter referred to as "Declarant". WITNESSETH I. Declarant is the owner of the property known as RIVER GROVE SUBDIVISION in Lane County, Oregon and more particularly described as: Lots 1-5, River Grove, as platted and recorded on ,2001?, Docurnent No. , Lane County Oregon Plat Records, in, Lane County, Oregon. II. Declarant deerns it-desirable in furtherance ofthe purposes set out herein to create an organization called The Architectural Review Cornrnittee, hereinafter called "The Committee", to review plans and specifications of buildings, fences, walls, landscape and planning as to location and exterior gesigriwith the developrnent. III. Declarant deems it desirable in furtherance of the purposes set out herein to establish these covenants and restrictions which shall apply to all real property contained in the developrnent. . NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are forthe purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Definitions Section 1 - "Owner"; Shall mean and refer to the record owner, including contract purchasers, whether one or rnore pe~sons or entities, of the fee simple title to any lot which '. ~ . is part of the properties, including co~tract sellers, but excluding those having such interest 1 - Declaration of Covenants, Conditions and Restrictions rnerely as security for the perforrnance of an obligatiori. , Section 2 - "Prooertv": Shall mean and refer to that certain real property hereinbefore described. Section 3 - "Lot": Shall mean and refer to any plot or parcel of land shown on the recorded subdivision rnap of the Property. ARTICLE II Architectural Review Comrnittee , ' Section 1 - Desian Review: There is hereby created the Architectural Review Cornmittee ("the Cornrnittee") for River Grove. There shall be not less than two, nor rnore 'I than three rnernbers of the Committee. The initial members of the Comrnittee shall be John W Nepute and Brenda M. Nepute'. The decision of ,any two rnembers of the Cornmittee shall be binding, and a rnajority of the Cornrnittee rnay designate a representative rnember to act for the Cornmittee. ' A Cornrnittee mernber need not be a Lot Owner. Members of the Comrnittee shall serve until they resign 'or are replaced by vote of the Cornrnittee or the Owners. A com'rnittee rnember may be replaced by vote of the Owners representing seventy"five percent of the Lots subject to these conditions, covenants and restrictions. In any such vote each Lot shall receive one vote. Lot Owners by vote shall replace any Cornmittee:rnember so rernoved. , ' . Except where replaced by a vote of the Owners, a Committee mernber may be added or replaced by the vote of the other two members of the Comrnittee. The remaining two mernbers shall select a replacement for a rnember so rernoved. If a vacancy is created on the Cornrnittee due to. resignation or other cause, the rernaining comrnittee rnembers . shall select a replacement. ' Section 2 - Puroose and Authoritv:,The primary purpose of the Cornrnittee shall be to review all subrnissions to the Cornmittee by all owners and builders of lots in River Grove pursuant to the Cornrnittee Review Process as set forth in Article III hereinbelow. , '.' Section 3 - Cornmittee Aooroval Reauired. ' No construction, construction preparation, building, fence, wall, patio, deck, pool, spa, heat pump, antennae, awning, screen, trellis, satellite dish or other structure, including without lirnitation any irnprovernent or fixture, shall be cornmenced, installed, or erected on any Lot in River Grove; nor shall any exterior addition to, or change or alteration therein, be rnade to any existing structures, irnprovements, or fixtures; nor shall any clearing, tree, rernoval, grading, or landscaping of any Lot be commenced; until all cornplete and detailed plans therefor have been subrnitted to and approved in writing by the Comrnittee. 2 - Declaration of Covenants, Conditions and Restrictions In the event ihat any Owner or contractor fails to obtain such approval as provided herein, the Cornmittee shall have the right to require the Owner of the Lot upon which the unapproved irnprovernent is placed to rernove said improvernent, and shall have all enforcernent rights provided by law, including the right to pursue injunctive relief. . Notwithstanding this Section 3, no approvalshall be required to refinish an exterior surface in accordance with a color scherne previously approved in writing by the Cornmittee, or to rebuild an irnprovernent in accordance with plans previously approved in writing by the Cornrnittee; and nothing contained in this Section shall limit the right of an Owner to rernodel the interior of his living unit or to paint the interior of the living unit any color desired, except with regard to noise abatement and reasonable restrictions on time and method of such activities to protect the health, safety and welfare of other Owners. . Section 4 - Rules and Procedures: In addition to the authority of the Committee referenced in Section 2 hereinabove, the Cornmittee may, from tirne to tirne, adopt written rules and regulations of general application governing its procedures which shall include, arnong other things, provisions for the form and content of applications; required content and number of copies of plans and specifications; provisions for rnandatory on-site Cornmittee visit with the Owner and Owner:s architect; and provisions for notice of approval or disapproval. These rules and procedures, when adopted, shall be contained in the "Design Guidelines and Construction Regulations," which document may be relied upon by Owners and the Cornmittee in connection with the preparation, review and approval of plans. Section 5 - Additional Desian Criteria: The Committee may also, from tirne to tirne, adopt, amend, rnodify or revise additional design criteria for any irnprovernents, lot clearing , and landscaping in River Grove. These additional design criteria, when adopted, shall be contained in the "Design Guidelines and Construction Regulations." These additional design criteria shall serve to implernent and clarify the policies and principles contained herein. The "Design Guidelines and Construction Regulations" shall be enforceable as rules and regulations. No such additional design criteria or amendment, rnodification or revisions of such criteria shall. be construed to require destruction of structures, improvements, or landscaping approved prior to the adoption and publication, butthey may affect rnaintenance or improvernents to such things which do not require destruction. Section 6 - Variances and Waivers: The Cornrnittee may, in its sole discretion, grant reasonable variances orwaivers frorn the provisions set forth herein, where: (a) literal application thereofresults in unnecessary hardship; and (b) where the granting thereof will not be rnaterially detrirnental or injurious to all other Owners of other Lots. All variances or waivers shall contain findings of fact by the Cornmittee, setting forth each criterion for variance or waiver considered, shall be in vyriting,ahdshall be signed by the Comrnittee, in order to be valid. ARTICLE III Cornmittee Review Process 3 - Declaration of Covenants, Conditions and Restrictions , Section 1 - Aooroval Reouirernent: As proVided in Article .II, no site or structural improvements shall be rnade to any Lot, and no applications for perrnits for such improvernents shall be filed until such improvements have been approved by the Cornmittee. The process for obtaining the approval shall be as set forth in this Article III. Section 2 - PreliminarY Meetinq: When residential construction or remodel to an existing residence is. being planned, a prelirninary meeting with the Comrnittee is recornrnended for the purposes of discussing design considerations, materials and specifications, and the review process itself. The goal of the rneeting would be to resolve any issues prior to submission and strearnline the approval process. Section 3 - Submission of Required Plans: For construction or alteration of any irnprovernents, one (1) cornplete set of plans and specifications, drawn to scale, showing the nature, kind, shape, color, size, rnaterials and location of such irnprovernents, alterations, etc., shall be subrnitted to the Cornrnittee for review and approval. Said plans and specifications shall include the location of all improvements, if any, existing upon the Lot, the location of the irnprovement proposed to be constructed, the existing and finish grade, the color and composition of all exterior rnaterials to be used, proposed landscaping to be introduced or existing vegetation to be rernoved, and any other information which the Cornmittee rnay require, including' soil, engineering, and geologic reports and recomrnendations. For initial landscaping or major re-Iandscaping (including without limitation re- contouring of any Lot, rernoval, clearing or trirnrning existing vegetation, and placernent of large rocks, and boulders, or potential barriers to view by other Lots), one (1) cornplete set of plans and specifications showing the existing and proposed contour of the Lot, and showing the nature, kind, shape, and location of the materials proposed for rernoval or placement shall be submitted to the Cornmittee for review and approval. ' Section 4 - General Desiqn Criteria: In general, the quality and workrnanship and design of irnprovernents and landscaping should be in harrnony with the external design and location of existing structures, in compliancewith the construction and Specific Design Criteria set forth in Article IV, and in harmony with the unique character and appearance of River Grove. Section 5 - Committee Aooroval: Tirninq: The Cornrnittee shall rnake a reasonable effort to review plans and specifications and notify 'the Owner of approval or disapproval as soon as.is practicable. In the event the Comrnittee fails to approve or disapprove plans and specifications in writing within sixty (60) days after all inforrnation requested by the Cornmittee in connection with the application has been. submitted, the Cornrnittee's approval shall be deemed given. Section 6 - Grounds for DisaoDroval: The Comrnittee rnay disapprove any application: a. If such application does not cornply with the requirements of Article III, Section 3 hereinabove, or otherwise fails to provide'the Comrnittee with sufficient 4 - Declaration of Covenants, Conditions and Restrictions inforrnation to approve the application. b.. If such application does not cornply with the provisions of this Article III, including without Iirnitation, all provisions of the "Design Guidelines and Construction Regulations" as may be adopted by the Declara~t and amended by the Cornmittee. c. Because of the reasonable dissatisfaction of the Cornmittee with grading plans, location of the proposed irnprovernent on a Lot, finish ground elevation, color scheme" finish, design, proportions, architecture, shape, height or style of the proposed irnprovernent, the rnaterials used therein, the kind, pitch, or type of roof proposed to be placed thereon; or ' d. If, in the judgment of the Comrnittee, subjectively rneasured but reasonably exercised, the proposed improvernent will not be harrnonious with River Grove or with the improvernents erected on other Lots inRiver Grove. Section 7 - Certificate of CornDliance: All construction shall be cornpleted within twelve (12),rnonths of the starting date of construction. At any tirne prior fo cornpletion of construction of anyimprovernent, the Committee may require the Owner to deliver certification from a licensed surveyor that such improvernent does not violate any building coverage or set-back rule, ordinance or statute, nor encroach upon any public or private easernent or right-of-way of record. . Section 8 - Lirnitation of Liabilitv: Notwithstanding the approval by the Cornrnittee of any construction plans and specifications hereunder, or its inspection of the work in progress, or failure to do so, neither the Comrnittee, the Declarant, nor any person acting on behalf of any of them, shall be responsible or liable to any owner or any third party in any way, for any defects in any plans, specifications or other rnaterials subrnitted to the Cornmittee: nor for any defects in any work done pursuant thereto; nor for any noncornpliance with building codes or applicable law, governmental ordinances ahd regulations. The Owner whose plans and specifications were approved shall defend, indernnify, and hold the Comrnittee, the members thereof, and Declarant harrnless from any and all liability arising out of, regarding or pertaining to such construction, regardless of description; including without lirnitation the duty to so indernnify for all reasonable attorneys' fees and costs incurred in defense, and regardless of whether Court proceedings occur. . ARTICLE IV Construction and SDecific Desian Criteria Section 1 - Commencernent of Construction of Livina Unit: Each Owner, other than Declarant, shall cornrnence construction of a living unit on the Lot within eighteen (18) rnonths of the date on which the Declarant first conveyed the Lot to any Owner. If an Owner fails to cornply with this Section, the Cornrnittee rnay, after giving the Owner at least thirty (30) days written notice, cause the Lot to be landscaped in such a rnanner as the Cornmittee and the Architectural Review Cornrnittee deem appropriate, including (without Iirnitation) the removal or trirnrning of existing vegetation and the planting of new 5 - Declaratio'n of Covenants, Conditions and Restrictions vegetation. The Comrnittee shall assess the Owner with the actual cost of the landscaping, which assessment shall be due and payable on dernand; wovided, that the foregoing assessrnent shall not exceed the sum of $5,000.00. Section 2 - Cori1Dletion of Construction: Construction of any improvernent, once cornmenced, shall be pursued diligently to cornpletion. Improvements not cornpleted within, twelve (12) months after cornmencement, or upon which significant and rnaterial construction has ceased for thirty (30) consecutive days; or which have been partially or totally destroyed and not rebuilt within six (6) rnonths of such destruction; shall be deemed nuisances or abandoned, as dictated by the facts presented. The Committee may then require an Owner to rernove any such nuisance or abandoned improvement; or rnay repair or cornplete the improvement and assess the Owner for the actual costs thereof; any such assessrnent shall be due and payable on demand. Section 3 - Cornoletion of Landscaoino: Each Owner shall cornplete the landscaping of his Lot within 60 days of substantial completion of the living unit on the Lot, provided that, if substantial completion occurs between October 1 and May 1 of the next year, landscaping shall be completed within 60 days of May 1 imrnediately succeeding the date of substantial cornpletion. .' , Section 4 - Architectural Review Cornmittee Aooroval: No living unit shall be occupied until the exterior (other than landscaping) has been completed in cornpliance with the Comrnittee's approval of the plans and specifications for such exterior, pursuant to Articles III; and until a certificate of occupancy has been issued by any governmental agency with authority over rights of occupancy. ' Section 5 - Sinole Farnilv LivinoUnits: Attached Garaoes: Only single-farnily residential units shall be permitted on any Lot. No rnultiple residential buildings or zero lot line development shall be perrnitted on any Lot. Each living unit shall have a full car garage, accomrnodating a rninirnurn of two, and a maximurn of four vehicles. No detached structures of any kind, other than a garage, pool house, gazebo,. spa, or sirnilar structures, shall be permitted. No mobile hornes, manufactured hornes, trailers, or other living units manufactured off-site shall be perrnitted to be used as living units on any Lot. Section 6 - Heioht: The residential units on Lots 1 and 2 shall be lirnited to one story in height. The residential units on Lots 3, 4 and 5 shall be lirnited to two stories in height. Section 7 - Sidewalks: All sidewalks shown on the recorded plat, other than those constructed by Declarant, or his predecessors, shall be the responsibility of the Owner. All sidewalks shall be constructed in compliance with applicable codes then in effect. Section 8 - Area: The floor area (exclusive of garages, patios, decks, and porches) of each Residential Unit shall not be less than 1,450 square ,feet. Each Residential Unit and appurtenant structures shall be constructed within an area on each Lot specified in conjunction with architectural review and the City of 6 - Declaration of Covenants, Conditions and Restrictions ? Springfield approval. In addition, the design of each structure shall strive to preserve solar access for all adjacent Lots to the extent possible. No carports will be allowed Section 9 - Hedoes: No hedges or other planting along the boundaries of any Lot shall be permitted without the prior approval of the Architectural Review Committee. Section 10- Fencino: Fence height shall not exceed six (6) feet, provided however, that any fencing located within the 10 foot front yard setback, shall not exceed forty-two (42) inches in height. Fencing must consist of materials and be of a design approved by the Architectural Review Cornrnittee. Fences on Lot 5 (corner Lot) shall extend no further toward the street frontage side than the front corner ofthe house/garage, as measured perpendicular to the houselgarage, extending from said rear corner to the rear property line. Section 11 - Sidino: Approved siding and exterior wall rnaterial shall include natural wood, stucco or synthetic equivaleht engineered wood ernbossed to resemble natural wood siding, brick or cultured stone. T1-1',1 siding shall not be allowed. Section 12 - Roofino Material: Approved roofing materials shall consistonly of composition roofing with a life of 25 years or rnore.' Colors shall be subject to approval of the Architectural Review Cornmittee. Section 13 - Fencino Material: Approved fence material shall be lirnited to wood or brick and the design shall be subject to approval of the Architectural Review Cornrnittee. Section 14 - Roof Shape: Every roof shall have a minirnurn pitch of 4 in 12, except for a maximum flat roof area of 10% of interior square footage area (including garage). No roof overhang shall extend closer than three (3) feet from cornrnon property lines. Section 15 - Exterior Wall Colors: All exterior wall colors shall be subdued. Bright or garish colors are prohibited except for small accent or trim items. All exterior wall colors shall, in any event, be subject to approval of the Architectural Review Cornmittee. Section 16 - Exterior Liohtino: No bright or harsh lighting located above the top of roof lines, or directed above parallel with the ground at other residences or at public areas will be allowed. ' Section 17 - HVAC: No heating, ventilating or air conditioning equiprnentshall be permitted on any roof. Section 18 - Radio and Television Antennae: No external antennas or related equiprnent, towers, poles or any structure to be used for the purpose of transrnitting or receiving radio, television or related signals shall be installed, affixed, mountedbr constructed on a Lot, unless approved by the Cornrnittee. In considering whether to 7 - Declaration,of Covenants, Conditions and Restrictions approve applications, the Comrnittee shall consider and give,greatwe,ight to protection of views of other Owners and considerations of aesthetics and uniformity of appearance in the Lot Cornmunity. Section 19 - Satellite Dishes: All satellite dishes shall be one rneter or less in diarneterand shall be screened from view of neighboring properties to the maxirnum extent perrnitted by law, The location of satellite dishes shall be subject to the prior approval of the Architectural Review Cornrnittee. Section 20 - Storaoe Tanks: No tank for the storage offuel shall be installed outside any structure on the Lot nor shall such a tank be buried below the surface of the ground. , ARTICLE V Use Restrictions and Oblioations Section 1 - Government Restrictions: All uses, occupancy, construction and other activities conducted on any Lot shall be in conforrnance with and be subject to applicable zoning, use restriction, construction and building codes of the City of Springfield and Lane County, Oregon, and any either governmental authority, and further to the restrictions of all other applicable public authorities, including but not limited to the State of Oregon and United States of Arnerica, and to the extent the following restrictions rnay be in conflict. therewith, the same shall be deemed modified thereby. All uses rnust cornply with any agreements entered into with the City of Springfield regarding the Property. Section 2 -lrnDrovements Perrnitted: No irnprovernents shall be erected or permitted to rernain on any Lot except irnprovernents consisting of or containing a residential unit and improvernents norrnally accessory thereto, including any accessory unit, which may be allowed pursuant to Springfield Code. The provisiori of this section shall not be construed to prohibit construction of a private greenhouse, storage unit, private swimrning pool or structure for the storage ofa boat, carnping trailer; andlor recreational vehicle, so long as such improvernent is otherwise in compliance with this declaration and applicable governrnental requirements. However, no, carports,are allowed. Section 3 - Residential Use: Except as provided in this section, lots shall be used solely for residential purposes. Without limiting the generality of the foregoing no trade, craft, business, professional, cornrnercial or sirnilar activity of any kind shall be conducted on any Lot nor shall any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business be kept or stored on any such Lot. Nothing in this section shall be deemed to prohibit or lirnit (i) activity relating to the sale of Lots or the rental of residential units as allowed by these Covenants, Conditions, and Restrictions; (ii) the right of Declarant to construct Residential Units on any Lot or to store construction rnaterials and equiprnent on any such Lot in the norrnal cours'e of construction; or (iii) the right of any owner to rnaintain a personal professional library, handle business or professional telephone calls or confer with business or professi9nal associates, clients, or custorners frorn his or her residential unit. 8 - Declaration of Covenants, Conditions' and Restrictions Section 4 ~ Leasina and Rental of Lots: Should an owner lease his lot, any lease agreernent shall be required to provide that the terrns of the lease shall be subject in all respects to the provision of these declarations and all applicable Oregon Landlord Tenant Laws, that any failure by the lessee to comply with the terrns of such documents shall be a default under the lease and that the Architectural Review Comrnittee, at its sole discretion, shall have the right to require terrnination of the tenancy in the event of any such breach by the tenant Section 5 - LandscaDina and Maintenance: Each owner and/or occupant shall rnaintain his or her Lot and the irnprovements thereon, at his or her expense. Required rnaintenance and repair shall include without lirnitations (i) maintenance of all parking areas, private drives, curbs, and walkways' in accordance with this Declaration and in a clean and safe condition, including cleaning and repairing as often as necessary; (ii) rnaintenance of landscaping, specifically including all landscaping along the panhandle portion of Lot 2, in an attractive, neat, orderly, trirnmed, and cut condition at all tirnes, free of brush, weeds, and debris; (iii) cleaning, maintenance, and relarnping of any exterior lighting fixtures; and (iv) rnaintenance of exteriors of buildings in an attractive and neat condition at all times. ' . Section 6 - Offensive Activities: No noxious, offensive or illegal activity shall be carried on in the Developrnent, nor shall anything be done or placed upon any Lot, which interferes with or jeopardizes enjoyrnent of other owners or occupants. Section 7 - Dornestic Anirnals: No animals, livestock, or poultry of any kind rnay be grazed, bred or kept on the Property. Dogs, cats, or other tame, dornestic household pets rnay be kept ,on the property provided such household pets are not kept, bred or rnaintained for any cornmercial purpose. Each owner shall be responsible for cleaning up any excrernent or other unclean or unsanitary conditions caused by said anirnal. Every person bringing an animal upon or keeping an anirnal in his or her Lot shall be liable pursuant to the laws of the State of Oregon to each and all persons for any injury or darnage to persons or property caused by suchanirnal. All animals rnaintainedin a Lot rnust be kept either within an enclosure, yard or patio, oron a leash being held by a person capable of'controlling the animal. Section 8 - Parkina: Parking of boats, trailers, recreational vehicles, trucks, carnpers, rnotorcycles, and/or other equipment in excess of one-half of a ton in weight shall not be allowed in any Lot, or any street adjacent thereto, except within a fenced area as approved by the Architectural Review Cornmittee. Section 9 - Utilitv Lines: All utilities serving each Lot shall be maintained underground. Section 10 -Vehicles in DisreDaic: No owner shall perrnit any vehicle which is in an extrerne state of disrepair or which is under repair or abandoned, to remain parked on any Lot or any street adjacent thereto for a period in excess of 48 hours. Section 11 - Rubbish and Trash: No Lot shall be used as a dump fortrash or rubbish 9 - Declaration of Covenants, Conditions and Restrictions of any kind. All garbage and other waste shall be kept in appropriate sanitary containers, for proper disposal and out of public view. Yard rakings, dirt and other rnaterial resulting from landscaping work shall not be durnped onto streets or any Lot Section 12 - TernDorarv Structures: No structures of a ternporary character, trailer, tent, shack, garage, barn or other outbuilding shall be perrnitted or used in any Lot at any time as, a residence either ternporarily or perrnanently. Section 13 - Sians: No signs shall be erected or rnaintained on any Lol.except (i) , inforrnational or prornotional signs of the Declarant; (ii) political signs during election' carnpaigns (which shall be rernoved promptly upon completion of the carnpaign in question); (iii) perrnanent monurnent entry signs erected by the Declarant;,(ivj a discrete security sign or notification regarding home or building security systems; and (v) "for sale" signs advertising an Owner's Lot. ' Section 14 - Private Storm PiDes. Ditches. and Sewers: Each Lot Owner shall be responsible forthe upkeep, maintenance and repair of the private storm pipes, ditches, and sewer construction on the Owner's Lot, provided that,the Lot Owner is sole beneficiary of the storm pipe, ditch, or sewer constructed on that Lot. Section 15 - Drainaae: Each Owner, their heirs, successors and assigns of a Lotin said subdivision agree that they will not in any way interfere with the established drainage over their Lot and that they will make adequate provisions .for property drainage for the benefit of all affected lots. For the purpose hereof, "established drainage is defined as the drainage which occurred at the tirne the overall grading of said subdivision was completed by the undersigned Declarant." Section 16 - Utilities and Utllitv Easernents: Easements and right-of-ways for installation and rnaintenance of utilities, facilities, and signage, are shown on the recorded plat, or otherwise recorded in the Official Records of Lane County, Oregon, including the following: a. A five foot utility easement running within the driveway located on Lot 2; b. ' A seven foot public utility easernent along all street frontage; and c. Other utility lines and ~asements as shown on the recorded plat. Section 17 - Placernent of Utilities: Declarant discloses to all Lot owners that the placement of all utility lines and equipment, including meters, hydrants, conduit and piping, is up to the sole discretion of the utility installing such equipment, and that placernent rnay not be centered within easernents, or on Lot corners or boundaries. Lot owners are . advised that they cannot rely on placernent of such equiprnent to delineate boundaries of lots or easements. 10 - Declaration of Covenants, Conditions and Restrictions c, Section 18 ~ Access Easernent: There is hereby declared an easement across the panhandle portion of Lot 2 in favor of Lot 1 for vehicular and pedestrian ingress and egress purposes. To the extent that upon construction of a residence on Lot 1, the prirnary rneans of vehicular access to Lot 1 is across the easement declared hereunder, then the owners of Lots 1 and 2 shall equajly share all costs of rnaintenance and repairs to that portion of the driveway in the panhandle running frorn the public street to the point of access into Lot 1. Section 19 - Additional Rules and Reaulations: The Cornmittee from time to time may adopt, rnodify and revoke rules and regulations governing the conduct of persons, and the maintenance, irnprovernents, operation, landscaping and other use of the Lots as it may deern necessary or appropriate, in order to assure the peaceful and orderly use. and enjoyrnent ofthe Lots. A copy of all such rules and regulations, upon adoption; and a copy of each arnendrnent, rnodification or revocation thereof, when final; shall be delivered by the Cornrnittee prornptly to each Owner, a,nd shall thereafter be binding upon all Owners and Occupants of River Grove. ' Section 20 - Cornbinina and Subdividina Lots: If an Owner owns two adjacent Lots, the Owner may, at his or her option and to the extent allowed by law, combine the two Lots into one Lot; provided the Owner first obtains all necessary approvals and consents from any governrnental body having jurisdiction over the proposed cornbination, at said Owner's expense. The Cornrnittee shall provide the Owner with a building envelope for the newly created Lot. If the Owner constructs a living unit or other structures on the newly created Lot outside the setback areas and required building coverage areas of the original Lots, the newly created Lot cannot be subdivided unless and until all such structures and improvernents have been removed; and unless and until the Owner obtains the consent of any governrnental entity having jurisdiction over any aspect of the proposed division, at said owner's expense. With the exception of Lot 1, no Lot, other than a combined Lot created under this Section, shall ever be subdivided, in law or in fact. If an Owner lawfully cornbined two Lots as provided herein, the Owner shall th~reafter vote only one Lot until such tirne, ifany, as the Lot is subdivided. ARTICLE VI General Provisions Section 1 - Enforcernent: Any affected Owner of a Lot in the subdivision shall have full rights to enforce the covenants and restrictions contained herein. In addition to the rights of any affected Owner if any of the restrictions, covenants or conditions'areviolated, or if it appears that an attempUo violate will be made, the Cornrnittee, as a Cornrnittee, also shall have the authority to institute and prosecute' such proceedings on behalf of any owner or owners of lots in the subdivision, PROVIDED HOWEVER, that neither the Cornrnittee nor the Declarant shall have any obligation to. enforce any violations of said covenants, conditions and restrictions. Nofailure to prosecute any person for any violation or attempted violation shall pe deerned a waiver of a right to enforce any such violations by the same person or other persons. The prevailing party shall,be entitled to recover costs and a reasonable attorney's fees, both trial and appellate, in any such proceeding. 11 - Declaration of.Covemints, Conditions and Restrictions .' " . Section 2 - Conflict: In the case of conflict between these restrictions and any zoning ordinance of any governrnental body, the rnore restrictive shall prevail. Section 3 -' Severabilitv: Invalidation of any part of the restrictions shall in no way affect the remaining restrictions. Section 4 - BindinG Effect: The provisions herein' shall be binding upon and inure to the benefit of the successors, heirs, and assigns of the owners and all Lot purchasers, users and owners. Section 5 - Tirne: This Declaration shall run for the benefit of each of the lots affected and shall control the use of the lots for a period of twenty (20) years from the date the declaration is recorded, after which time they shall automatically be extended for successive peri()ds of ten (10) years. Section 6 - Amendrnent:, Except as specifically set forth herein, this Declaration rnay be arnended by an instrurnent signed by the owners of not less than 75% of the lots of the subdivision. Upon execution, the instrument shall be recorded in the Official Records of Lane County, Oregon, IN WITNESS WHEREOF, Declarant has executed this instrurnent on the day of , 2008. DECLARANT JOHN W. NEPUTE STATE OF OREGON ) ) ss. ) ,2008 County of Lane Personally appeared the above-named John W. Neputei who acknowledged the foregoing instrurnent to be his voluntary act and deed. Before rne. Notary Public for Oregon 12 - Declaration of Covenants, Conditions and Restrictions