HomeMy WebLinkAboutApplication APPLICANT 12/18/2009
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:City of Springfield'
Development' Services Department
225 Fifth Str~et
Springfield, QR 97477
Land Division Plat
Partition, S~bdivision
SPRINGFIELD II I
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[Subdivision Plat Pre-Submittal: n
.ISubdivision Plat Submittal: k8J
Partition Plat Pre-Submittal:
IPartition Pial: Submittal:
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Applicant Naine:
Icompany:
Address:
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",.,~, ,.,l\,t"."r.
CHAD J, BETTESWORTH
Phone: 541-923-6607
Fax: '503-296-2809
HA YDEN HOMES
2464 sw. GLACIER PLACE, STE,]]O REDMOND OR 97756
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IASSESSOR'S:MAP NO: ]70232 ITAX LOT NOeS): ]04
IProperty Address: NA Vflt'II.&ii1-S ~~ St l-1UJf> "Rd
Size of prop~irty: 28.49 Acres [Xl Square Feet D
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Na1ne of Subdivision: WESTWIND ESTATES
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Applicant's Rep.:
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Company:
IAddress:
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1 Property owher:
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Company: :i
IAddress: 'I
MATT KEENAN
KPFF CONSULTING ENGINEERS
Phone: '15416844902
Fax: 5416844909
1201 OAK STREET, EUGENE OR 97401
...~ kOeM'"Oi BhOJ'-
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Phone: '5416814816
LIBERTY BANK INo.
Fax:
355
Island Rd, Suite 200. Eugene
I Description ~f If you are filling. in this form by hand, please attach your proposal description to this application,
ProDosal: . ,I 103 Lot subdIvIsIOn
1:1 I'
Existing Use:" VACANT Tentative Case #.:
1# of Lots/pa~cels: 101 ]AV9. Lot/Parcel Size: Sill sf IDensity: du/acre
Signatures: P.lease siC)n and rint your name and date in the a ropriate box on the next paC)e.
Associated Applications: S U I020VS - DOO+-~
Pre-Sub Case No.: P~~'2.00q-00011f:. Date: Reviewed by:
Icase No.: S(t&2-ODC] -oro;4 Date: 1'.l/1'S/o"1 Reviewed by: ~
IAPPlication F~e: $ 4C1/IQ 0, D'D ITechnical Fee:' $ d, Lj-qq, C; 0 Ipost"age Fee: $0
TOTAL FEES: '$SQ..J d,1&], 5"'0 Date ~~fi8~W:NUMBER: Pr2-:J2...Ccb-ecol!-7 I
~'W"i"'F""'''~4ii''0W'fJ4'''Vi.,ji""";0",,,w'',,~.('-'0i,(P''_''WM'''kbi<il,yy,,,m"d",,,,,v;arM-"'''''i<,ii>P'!0diY\fiW''''wHdWUUiiWW.1l1RITm1=t;.;f;VW+'ji;ql%i;;,;;"'4i,",;;.D;i;;Ui""'!_~=T14'lli!H\Nqcl==a"w;;.m."'<<mTJi.W;S";;4Inl".""'..,;;1
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Revised 1/1/08 M~IIYMarkarian DEe 1 8 2009
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10f6
Original Submittal_
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Owner Signatures
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This application form is used for both the required pre-submittal meeting and subseque nt
complete application submittal. Owner signatures are required at both stages in the application
process. An1!application without the Owner's original signature will not be accepted.
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Pre~Submittal
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The ~ndersigned acknowledges that the information in this application is correct and accurate for scheduling of the
Owner: pre-;SUbmittal Meeting, I /7 I}. If .,
-4'~"r'J,gAHIt- ~f'5.-J..{ Date: / Z;II,/D"I
Sigrature / VP /Pfll.: ("_,.r,?/teJli.
t..:l3(~f?_/(_ ...J,/".. W. ~"c.1.L..
Print
Submittal ,[ ,
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I rep,resentthis application to be complete.for submittal to the City. Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I aFFjrm 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
appt(cation.
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Owner:
L.,~I3JWtk- ~/Z...d
Sig'natdre I 1/P /YIt". C'_,r-. .:>'(",.6
bu ,J;~ J?crlc...U--
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Date:
/2,//7/0'1
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_Llq~".rt~/L '
Print '
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Date Received:
, DEe 1 8 2009
Original Submittal
Revised 1/1/0S ~ollY Markarian
2 of 6
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
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~~RINQ..~I.EU>. '~".,'. I,' ~".....
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City of Springfield Official Receipt
., Development Services Department
Public Works Department
RECEIPT #:
2200900000000001402
Date: 12/18/2009
10:35:09AM
.Job/Journal Number
SU132009-00024
SUB2009-00024
Description
CTY Subd >LDR Base +476 Lot
+ 5% Technology Fee
Payments:
Type of Pllyment
Check
Paid By
HA YDEN HOMES LLC
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
Amount Due
49,790,00
2,489,50
$52,279,50
Amount Paid
ddk
20411
In Person
Payment Total:
$52,279,50
$52,279,50
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Date Received:
DEe 1 8 2009
Original Submittal
cRcceinll
Page I of I
1211 8/2009
City of Springfield, Oregon
Public Improvement Project
Performance Bond
7892345
KNOWN AGL MEN BY THESE PRESENTS:
That we, Havden Homes, LLC , as Principal(s), and
Developers Surety and Indemnitv Company , a Corporation organized and doing business under and by virtue
of the laws of tbe State of Iowa and duly licensed to conduct a general surety business in
the State of Oregon, as Surety, are held and finnly bound unto City of Springfield, Oregon as Obligee in the sum
of Five-Hundred-Fiftv- Thousand ($ 550,000,00 I
dollars for wbich payment, well and truly to be made, we bind ourselves, our beirs, executors and successors,
jointly and severally finnly by these presents,
THE CONDITlONS OF THE OBLIGA nON IS SUCH THAT:
WHEREAS, the above named Principal(s), as a condition of the Public Improvement Project Pennit for
development of Westwind Estates Subdivision , City
of Springfield Project Number P30485 , entered into an agreement with said Obligee to
complete the improvements specified in said Permit within a time frame stipulated in the Permit.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall,well and truly
pelform said agreement during the original tenn thereof or of any extension of said term that may be granted by
the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full
force and effect.
,TN WITNESS WHEREOF, the seal and signature of said Principal(s) is hereto affixed and the corporate seal and
the name of the said Surety js hereto affixed and attested by its duly authorized Attorney-in-fact at
Bend. Oreaon ,this 17th day of December , 20 ~ .
PRINCIPALfSJ
Hayden Homes, LLC
Principal Business Name - if applicable (pleaseprilH)
S'l-I"'......'" 0, \4"I~
Name (please print).
VP-F;,",~~"
Title (please print)
o
stgl~re of Principal
2464 SW Glacier Place, Suite 110
Address (please prillt)
Redmond
City,
SURETY
Developers Surety and Indemnity Company
Surety Business Name (please prillt)
Heather Chesbro
Name of Surety Representative (please prillt)
. i
AttorneY.ln-fact
" ~i:1J;;rl1~J}j-fA/
Signature of Surety Representative
Five Centerpointe Dr Suite #530
Address (principal place of business, please prillt)
OR
State,
97756
Zip
Lake Oswe~a.
City,
OR
State,
97035
Zip
Telephone Number: (541 ) 923-6607
.,
Fax Number: ( 503) 296'2809
Telephone Number:
( 8nO 223-2451
Fax Number:
(503 684-4065
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Date Received: ' ..,
Public Improvement PrnjecI I'cl!nrnralH:r: Brmd- C4!O~ "". Page'l of2
" "Revised05!l9IOfi
DEe 1 8 2009
".":, .
Original Submittal
PRJNCJPAL(S)
Name (please print)
Title
Signature
Address
City,
State,
Telephone Number:
(
(
)
)
Fax Number:
/
Zip
For illformation Duly: Na~ne, Address, Telephone fwd Fax Numbers of:
I Af!cllt or Broker
I Owner's Represelltative (Architect, EIlg;llcel" or other partP)
Matt Keenan
Name
1201 Oak Street. Suite 100
Address
Euqene OR
City, Slate,
Telephone Number: (541) 684,4902
Fax Number: ( 541) 684-4909,
~
97401
Zip
Century Insurance Group, LLC
Name
695 SW Mill View Way Ste 100
Address
Bend, OR 97702
City,
Zip
Slale,
Telephone Number:
Fax Number:
( 541 ) 382-4211
(541 ) 382-7468
Date Received:
DEe 1 8 2009
Original Submittal
Puhlir: Improvemellt f'rojecI PCljnrmalrce Bnnd - 04/06 Page 2 or 2
Revised05/19mG
POWER Of ATTORNEY fOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY Of CALIfORNIA
PO BOK 19725, IRVINE, CA 92623 (9491 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except 85 expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constit~teand appoint
***Eric Leagjeld, Stacy Gulnac, Heather Chesbro, Jeff Weichman, Chris Intlekofer, jointly or severally***
as their true and lawful Atlomey(s)-in-Fact, to make, execute, deliver and acknowledge, for imd on behalf of said corporations, as sureUes, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority 10 do and to perfonn every act necessary, requisite or proper 10 be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of subsUbJlion and revocation, and all of the acts of said Attomey(sfin-Facl, pursuanllo these presents,
are hereby ratified and canfmned.
ThiS Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INOEMNITY COMPANY and INOEMNITY COMPANY Of CALIfORNIA, ,ffee." as 01 JanuaJ'f t~, 2008,
. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the a.ttomey(s) named in the Powers 01 Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures.of such officers may be affixed to any such Power ot Attorney or to any certificate relating Ihereto by facsimile, and any sucl1
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affIXed and in the future with respect to any bond, undertaking
or contract of suretyship to wI1ich It is attached.
IN WITNESS Vv'HEREOF, REVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
::lrr;:C:iden~ ~eirrespeetiveAssisffintSecreta~ ~iSJan:,:,~~~:~:;.:...,...
~""9:-<<'~'.''''''''''''.~()~'''rr
/~","'o~POR",.......,..~\
{~( <. OPal ~ ')~\
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Stephen T. Pate, Senior Vice President
By~.4>q ~~
Charles L. Day, As~ls~nt Secretary /
,
State of California
County 01 Orange
On
January'1sl2008
Date
before me,
Christooher J. Roach. Notarv Public
Here Insert Name and TiUe of the Officer
, persona!lyappeared
Stephen T. Pate and Charles L Dav
Name(s)ofSigner(s)
f ~ '.,. HRJSTOPHER J, ~o~ i
1:l ' - , COMM, # 1745939 ::;
::;' NOTARY PUBUC CAUFORNIA (l
;:: , " ORANGE COUNri '"
3t My comm. expims Mav 19, 2011 ~
,..,., , L' I ... ~ .. .... .. ..
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to
the within instrument' and acknowledged to ~e that ~efshelthey executed the same in hislherftheir authorized
capacity(jes),and that by hisfherllheirsignature(s) on theinstrumentlhe person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cartfornia that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my hand and official seal.
S' tu ~/__/.-4 ~,-
Igna re r._ J-:!"'J _..... ~~.-:7;...'-
Ch~J.Roach
CERTifiCATE
The undersigned, as Assistant Secretary. of DEVELOPERS SURm AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in fuD rorce and has not been revoked, and furthermore, that the provisions of the resolu~ons of the respective Boards of Directors of said
corpora~ons set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 11"n1 day of bs:.ama:..,7tt.9 .
,By~4-#~- _~
,...... Albert Hi-Ilebrand, Assistant secretary
Date Received:
1D-13BO(W't){Rev,07l07)
DEe 1 8 2009
Original Submittal
, ,
City of Springfield, Ore'j:~<in
Public Improvement Project
Performance Bond
7892355
KNOWN ALL MEN BY THESE PRESENTS:
J
That we, Hayden Homes, LLC , as Principal(s), and
Developers Surety arid Indemnity Company , a Corporation organized and doing business under and by virtue
of the laws of tbe State of Iowa and duly licensed to conduct a general surety business in
the State of Oregon, as Surety, are held and firmly bound unto City of Springfield, Oregon as Obligee in the sum
of One'Hundred-Eiqhty-One- Thousand-Forty-Six ' ($ 181,046,00)
dollars for which payment, well an'd truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally finnly by these presents,
THE CONDITIONS OF THE OBLlGA nON IS SUCH THAT:
WHEREAS: the above named Principal(s), as a condition ofthe Public Improvement Project Pennitfor
developrnen,t of Sidewalk and Street Trees " ' , City
of Springfield Project Number P30485 , entered into an agreement with said Obligee to
complete the improvements specified in said Permit within a time frame stipulated in the Permit.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly
pelfonTI said agreement during the original term thereof or of any extension of said tenn that may be granted by
the Obligee,with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full
force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal(s) is hereto affixed and the corporate seal and
the name Of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at
Bend. Oregon ,this 17th _ day of December. {20~ '
PRINCIPAUSJ
Hayden Homes, LLC
Principal B~siness Name - if applicOIble (pleqse prim)
<;h...,^,,,," o,~l",,-
Name (plea,se print)
VP cP;,.,.....ce.
Title (please print)
---:::>
Si~ of Principal
2464 SW Glacier Place, Suite 110
Address (please print)-
Redmond
City,
~URETY
Developers Surety and Indemnity Company
Surety Business Name (please prillt)
Heather Chesbro
Name of Sur~ty Representative (please'print)
Attorney-in-fact
,
,
~TitfJ!leas'}l(inl) 17 / j
, " jJoW'--. (,,/ ftM
Slghature of SureijcRepresentative
State,
, 97756
Zip
Five Centerpointe Dr Suite 530
Address (principal place of business, please prilll)
Lake Oswego, OR 97035
OR,
City,
State,
Zip
Telephone Number: (541 ) 923-6607
Fax Number: ( 503) 296-2809
Telephone Number:,
( 800
(503
223-2451
Date ~e~e'i~~d:
684-4065
DEe 1 8 2009
Puhlic Improvement P/"Qfecl Performance Bnnd;...-O~106 Pag~.l of2
. - . .n.eVlsed-OSlI9/06
Original Submittal
PRJNCJPAL(S)
Name (please print)
Title
Signature
Address
City,
State,
Telephone Number: ,)
Fax Number: )
. ,
Zip
For illformation ollly: Name, Address, Telephone and Fa~ Numbers of:
"
I Af!C/lt or Broker
I Owner's Representative (Architect, EIlJIilleer or othe,. fJortv)
Matt Keenan
Name
1201 Oak Street. Suite 100
Address
Euqene OR
City, Stale,
Telephone Number: (541) 684-4902
Fax Number: ( 541) 684-4909
97401
Zip
Century Insurance Group. LLC
Name
695 SW Mill View Way;Ste 100
Address
Bend. OR 97702
City, State,
Zip
Telephone Number:
Fax Number:
(541 ) 382-4211
( 541,) 382.7468
Date Received:'
DEe 1 II 2009
Original Submittal
Prlhlic Improvement Projl!cIPr!lfnrnIl1/1rl! Fln/uJ- 04/06 Pag~ 2 of2
Revi~ed 05/19/06
POWER OF ATTORNEY FOR
OEVELOPERS SURETY AND INOEMNITY COMPANY
. INDEMNITY COMPANY OF CALIFORNIA
PO Box 1972S,IRVINE, CA 52623 (9491263,3300'
. KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND lNDEMNITf COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make,constitule and appoint
***Eric Leagjeld, Stacy Gulnac, Heather Chesbro, Jeff Weichman, Chris Intlekofer, jointly or severally***
as their true and lawful Attomey(s).in-Fact, to make, exewte, deliver and acknO'....ledge, for and on behalf of said corporations, as S1.Jreties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-jn-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do,; but reserving to each of said corporations full power of substitution and revocation, and aU of the acts of said AUorney(s).in-Fact, pursuant to these presents,
are hereby ratified and confirmed. '
This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
ANO INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of JanuaJy 1st, 2008,
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporatlotl be, and that each of them hereby Is,. authorized to execute Powers of
Attorney, qualifying the atlomey(s) named in the Powers 01 Attorney to execute, on behalf of the corporations, bonds, undertakings and contracls of suretyship; and that the Secretary or
any Assistant Secretary 01 the corporations be, and each of Ulem hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, Ulatthe signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertakJng
or contract of suretyship to which it is attached. ..
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNm' COMPANY OF CALlFORNIAhave severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008.
Bv~'VG
.........",,,,
......i AND /"""
.....~'e."\...........,...l\fb~",_
/~.....~~POR-4;..,..,~\
{~(V O~T. ~ )~,
%0:" 1936 log
\~\. .....:l
-.7"-y:", loWl'- ,.'.~-4.':
...,.0 '............' \- .....
. ,.,.........!""""",...
. Stephen T. Pate, Senior Vice President
By0?-J7.4>a ~_
Charles l. Day, Assistant Secretary ./ .
State of Calif ami a
County 01 Orange
On
Januaf'i 1sl2008
Date
before me,
Christooher J, Roach. NolaN Public
Here Insert Name and nUe 01 the Officer
p~onalJy appeared
Stephen T. Pate and Chartes L Dav
Name(s) of Signer(s)
(a ;,,,,,,,,",,,",,,,,,
1:: " COMM,#174S939:;:
::; "", NCiiARY PUBUC CAUFORNIA ~
~, ORANGE COUNTY '"
11. My OOmm, expires May 19, 2011 l
r""".......__.............."
who proved to me on the basis of satisfactory evidence to be the person(s)' whose name(s) is/are subscribed to-
the within instrumenfand aclcnowledged to me that heJsheJthey executed the same in hislherttheir authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the pernon(s) acted, eltecuted the Instrument.
I certify under PENALTY OF PERJURY under the I~ws of the State of California that (he foregoing paragraph is
true and correct
Place Notary Seal Above
WITNESS my hand and official seal.
~"./ .;
, ./':, - /?"
Signature _____.~... _ ~
Ch~ J, Roach
~
.. -----
CERTIFiCATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney remains in fuD force and has nol been revoked, and furthennore, that the provisions of the resolutions of the respective Boards of Directors of said
corporatio/l!i set forth in the Power of Attorney, are in force as of the date of lhis Certificate.
This Certificate is executed in the City of Irvine, California, the 11-1""1-1 day of l::x:c:a;v.~ tc6t .
, /1...4 _/1/__, p?
By:/vd7~r~- ,-\.
/' Albert Hillebrand, Assistant secretary
Date Received:
ID, t 380IWet)(Rev,07J07)
DEe 1 8 2009
Original Submittal
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PUBLIC IMPROVEMENT PROJECT PERMIT AGREEMENT
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This Permit is issued by the City-of Springfield to aJlow for the construclion of public infrastructure
that is funded and engineered by other than the City of Springfield, within public rights-of-way and
easements within thejurisdiction of the City of Springfield, The permit is an agreement between.
the City of Springfield, a'municipal corporation of ,the State of Oregon, hereinafter referred to as
"CITY", an agency, c()rporation, individual or other legal entity which is proposing to construct the
public infrastructure, hereinafter referred to as "DEVELOPER", and a professional engineering
firm, retained by the DEVELOPER to supply the professional engineering services and project
oversight called for.in the Permit, hereinafter referred to as ,~'ENGINEER," '
For and in consideration of the CITY, in approving and allowing the construclion of the proposed,
public improvement project, entitled Westwind Subdivision, City Project Number P30485 . related
to Land l!se Application _ DRC2005-00065 _proposed for Assessor's MaD No, 17-02-32-00
Tax Lot 00104 hereinafter referred to as "PROJECT", and issuing this Public Improvement
Project Permit, hereinafter referred to as "PERMIT", initiated by DEVELOPER and engineered
and certified by ENGINEER, the CITY, DEVELOPER, and ENGINEER do hereby promise and
agree as f611ows: '
DEVELOPER AGREES TO:
Ii
1. Engage or employ, and provide full compensation to the ENGINEER for this PROJECT, who
will ertter into this agreement for this PERMIT, and who will perform,all duties ofthe
ENGINEER for this PROJECT, including, bui not limited to, the planning, analysis, design,
coustrhction management, inspection, and survey work of the PROJECT, production and.
attestirg to (stamping) of as-built drawings, and attesting to all surveys, analysis, and design
incidental to and necessary for the proper performance of the PROJECT, In the event that the
desigI1ated ENGINEER fails to provide the required services in a satisfactory or timely manner,
the DEVELOpER may select and engage an alternate ENGINEER to enter into this
agreement and complete the services required in a timely manner.
2, Furnish all financing, personnel, equipment and materials to fulfill the requirements of this
PERMIT agreement, including 10 fully construct and pay all costs of the PROJECT and to
complete the PROJECT in accordance with ,the requirements of State and Federal law, City of
Springfield Municipal Code, the Springfield Development Code, the plans and profiles as
provided and certified by the ENGINEER and approved by the CITY, the applicable
requiremellts of the Springfield Standard Specifications, Ihe Springfield Public Works Design
Standards and Procedures Manual, and any applicable land use decisions, and in accordance
"
with any and all other applicable CITY ordinances and policies, Said PROJECT may include,
but is not limited to, storm sewers, sanitary sewers', sidewalks, driveway aprons, pedestrian
access kamps, traffic control, street lights, stre_et trees, curb and gutters and paving
~ . .~
improyements, The ~ROJECT shall be completed by December 2011.
3, To ensure quality of construction, DEVELOPER shall select a Contractor with sufficient
experi~nce, available forces and equipment to complete the job in an acceptable manner.
DEVELOPER shall submit names of proposed contractors and sub-contractors for the
PROJJ'OCT to the City Engineer for consideration and shall select Contractorswhp.,<g~ qtglified.' d'
by the City Engineer for work on the PROJECT, The City Engineer may require ~eKeCelVe .
DEe 1 8 2009,
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PUBLIC IMPROVEMENT POJECT PERMIT (KPFF revision 12/18/09) Page lof9
Original Submittal
I'
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qualification application, evidence of State pre-qualification, and/or references to be submitted
to determine qualification for the project.
,4, Require selected Contractor(s) to conform to CITY's Standard Construction Specifications,
including Section 107,06, regarding insurance requirements, and Section 107,05 regarding
indemnification of the City, The required insurance certificates and hold harmless statements
shall be delivered to the CITY and approved by CITY prior to issuance of this PERMIT or start
of any work on the PROJECT. In addition, require selected Contractor(s) to warranly the work
of the project for a minimum of one year from PROJECT acceptance by CITY, in conformance
with Section 108,14 of the Standard Construction Specifications and with plant materials "
guaranteed for a period of two years, in conformance with Section 205,3,04G of the Standard
Construction Specifications, '
5, Pay all deposits required by CITY to pay for the CITY's actual costs in reviewing designs,
paying for material testing costs and PERMIT issuance and administration, If the initial
deposits required by CITY do nol cover all actual costs of CITY, developer agrees to make
additional deposits to CITY as requested and required to pay for CITY actual costs,
6, Complete and pay for all additional items of work not shown on the construction drawings but
necessary for Ihe successful completion of the PROJECT.
7, Obtain all,required permits from other agencies and jurisdictions and provide copies of said
perrriits to the CITY prior to PERMIT issuance,
8, During the time period between when the PERMIT is issued (as identified by the date of the
CITY Engineer's signature below) and completion ana acceptance of the PROJECT, including
sidewalks, driveway aprons, and street trees, the DEVELOPER shall be responsible for:
1
A. The safety, proper traffic control and signing, cleanliness and general condition of all
affected streets, alleys, sidewalks, bike paths, or other public ways, This condition applies
to dedicated rights of way and easements as well as those rights of way and easements that
are proposed for future dedication io the CITY as a part of the PROJECT,
B, The containment of all work and materials related to tlie PROJECT within the
development area so as not to intrude on surrounding private properties unless written
approvals has been obtained from the affected property owners and copies are supplied to
the CITY beforehand,
C. Safeguarding surrounding public properties, private properties, and natural features from
damage caused d!rectly, or indirectly, by the PROJECT,
o
9, Keep safe conditions on the PROJECT and correct any unsafe conditions that are pointed out
by CITY on the PROJECT. If a deficiency in safety is directed to the DEVELOPER or
ENGINEER and the deficiency is not corrected in a timeiy manner, as determined by the
CITY, the CITY may take whatever steps necessary to safeguard the public and cor;ect,'or have
corrected, the deficiency, In extreme cases, as determined by the CITY, the CITY may take
what'ever steps necessary to correct the problem without contacting Ihe DEVELOPER or
ENGINEER beforehand, The DEVELOPER shall bear any and all costs rclated l~orrec.ting
Uate KeCelVed:
PUBLlCIMPROVEMENT POJECT PERMIT (KPFF revision 12/18/09) Page 2 of 9
DEe 1 8 2009
Original Submittal
said safety problem,
10, P.rovide financial security, in the form of a bond, cash deposit, l~tter of credit, or other approved
security satisfactory to CITY, hereinafter referred to as "BOND," as necessary to guarantee
the sU"ccessful completion of the PROJECT. The BOND shall list the CITY as the Obligee and
the DEVELOPER as the Principal. The BOND shall not expire and will not be released by the
CITY:i until the expiration of the warranty period on the PROJECT work, at least one year after
acceptance of the project. The amount of the BOND shall equal] 00% of the estimated
"
PROJECT cost, including engineering services and City fees,
:: 1 .
The ElOND provided to the CITY by the DEVELOPER shall guarantee:
ij .
"
A. Cbmpletion of the PROJECT within the time frame allowed by this PERMIT.
B, None-year warranty after PROJECT acceptance by the CITY protecting the CITY against
fJulty workmanship and/~r materials (Two-year warranty on plant,materials),
C. Fees charged by the ENqINEER to design, inspect, and certify the PROJECT is
c6nstructed in accordance with the plans and specifications as well as all other CITY
" ,
r~,qUlrements,
D, CITY fees for plan 'examination, engineering, inspection, and materials testing incurred
during the PROJECT in excess of those deposited,
E. Cbsts incurred by the CITY to safeguard the worksite as defined in section 9 above,
F, Restoration of all existing CITY infrastructure damaged or disturbed in the course of
prosecution of the PROJECT,
,
'I
If all sidewalks, driveway aprons and street trees required for a development are not installed
with the PROJECT, the BOND shall provide that all sidewalks, driveway aprons, and street
trees which front future building lots shall be fully constructed within two years of acceptance of
PROJECT by the CITY,
II
In th~ event of failure on the part of the DEVELOPER to complete all obligations of this
agree:inent and complete the PROJECT in a timely manner, the CITY may, at its sole
discr~tion, use the BOND to either complete the PROJECf or to restore the disturbed area
and return the PROJECT site to a safe, attractive and functional condition,
ENGINEER AGREES TO:
I '. .
11. Emplpya professional 'engineer, registered in the State of Oregon, to act as a.representative of
the ENGINEER for this PROJECT, hereinafter referred to as the "ENGINEER OF
"
RECORD," who will be responsible for the oversight of all engineering duties for this
PROJECT, including those listed in the following sections, and who will sign all designs,
certifications and as-builts,
12, Perform all duties of the ENGINEER for this PROJECT, including, but not limited to, the
planning and design of PROJECT, the management and inspection of PROJECT,
arrangements for and interpretation of testing of all construction of PROJECT, the oversight of
all survey work for the PROJECT, completion and attesting to (stamping) of as-built drawings
and attesting to all surveys, analysis, and design incidental to and necessary for the proper
performance of the work, ENGINEER specifically understands and agreesDatelReceived:
,
,
PUBLIC IMPROVEMENT POJECT PERMIT (KPFF revision 12/18/09) Page 3 of,9
Original Submittal
DEe 1 8 2009
,.'
issuance of this PERMIT and approval of plans for the PROJECT is not a certification that the
design or plans for the PROJECT fully meet engineering design standards for perfomlance, but
that CITY's review noted no unacceptable conflicts with CITY design and specification
,~
standards, ENGINEER also specifically understands that any CITY oversight during
construction of PROJECT in no way relieves ENGINEER of the primary responsibility of
ENGINEER to inspect, test, provide surveys or measurements and otherwise provide
consduction administralion 'and documentation of PROJECT.
11
13, Provide a professional opinion as to whether or not the construction work is completed in
accorlIance with State laws, City code, the current edition of the City of Springfield "Standard
"
Construction Specifications," as amended, the applicable special provisions, and the contract
plansi Said opinions shall, be provided not less than weekly during the construction term of
PROJECT and shall be submitted to CITY as part of the Weekly Construction Permit Status
Rep~h prepared by ENGINEER,
"
If
"
14, Submit all surveys, analysis and designs, all contractual documents including drawings, special
provi~ions, bid proposals, contracts, estimates, and change orders to the CITY Engineer for
consiperation and approval. Obtain the written approval of the CITY Engineer prior to
exec~tion of all deviations from,alterations of, or additions to the said documenls, and all
change orders, ,
il
15, Upd~te the CITY regularly on the status of the project by completing and submitting a "Weekly
Conruction Permit Status Repo~t" to the CITY inspector.
16, Coordinate construction work with all utility companies,
,
17, Be present, or appoint and oversee a qualified person who shall be present on the job site at all
criti4l times needed to provide a professional opinion regarding the quality of the construction
and ~hether that construction confonns with the plans and specifications and to make any
obsefvations necessary to complete an accurate as-built of the construction,
18, Upor) completion of the construction, or, if applicable, the termination of the ENGINEER
prior,\o the completion of the PROJECT, all records pertaining to the PROJECT shall be
attested to and submitted in detail by the ENGINEER OF RECORD to the CITY, Unless
otherwise approved by the CITY, the ENGINEER shall submit all documentation necessary for
CITY acceptance of the PROJECT no more than two months after date of the final inspection,
Such information and data shall include, but not be lin~ited to, the following: ,
A. As-built drawings, both in hard copy and electronic file, in AuioCAD format and in
conformance with drafting and electronic acceptance standards outlined in the
CITY's Design Standards and Procedures Manual.
13, Laboratory test reports - one copy of each laboratory test report required, by the
specificalions to be conducted by an accredited laboratory approved by the CITY
Engineer. '
C. Certificalion documents - the standard CITY acceptance form shall be completed,
signed and attested to by the ENGINEER OF RECORD as evidenced by his!her
, Date Received:
PUBLIC 1MPROVEMENTPOJECT PERMIT (KPFF revision 12/18/09) Page 4 of9
:1 DEe 1 8 2009
"
"
II ",.'_I~~I C::. ,hmltt,,1
signature and seal.
D, Place street centerline monumentation on new streets and replace survey,
monuments of record destroyed during construction in compliance with ORS 92 and
ORS 209, '
19, ENGINEER shall maintain in force for the duration of the PROJECT a Commercial General
Liability insurance policy written on an occurrence basis with limits not less than $1,000,000 per
occurrence, The City of Springfield, its officials, employees, servants, and agents shall be
named as an additional insured as respects to work or services performed under this agreement.
This insurance shall be primary and shall be paid and applied first in its entirety prior to any
application of insurance the CITY may carry on its own,
,To the fullest extent of the law, ENGINEER shall defend, indemnify and hold harmless CITY,
its officials, employees, servants, and agents from and against all claims, demands, and
judgments (including attorney fees), made or recovered against them including but not limited
to damages to real or tangible personal property or for bodily injury or death to any person,
arising out of, or in any map.ner connected with the negligent performance of this PERMIT by
ENGINEER, its officers, employees, and agents,
ENGINEER shall maintain in force during the duration of the PROJECT (and, ifit is a claims
made policy, for a year following completion of the PROJECT) a professional liability policy
with limits of not less than $500,000,
CITY AGREES TO:
20, Recommend the project to the City Council for acceptance, ownership and maintenance by the
City of Springfield after the completed project meets all requirements of the PERMIT and
other applicable City requirements,
CITY, DEVELOPER AND ENGINEER AGREE:
21. The PROJECT may include private improvements that will not be accepted by the CITY for
ownership or maintenance but are necessary for the successful completion of the PROJECT,
This PERMIT is specifically for public improvement work to be accepted by the 'CITY and
those private improvements necessary for the successful completion of the PROJECT, This
PERMIT in no way pertains to other private work on the private property,
22, In the event the ENGINEER or inspector representative of the ENGINEER fails to perform
all duties specified in this PERMIT, the CITY may request that the ENGINEER or inspector
representative of the ENGINEER be replaced or may file a report with the State Board of
Engineering Examiners, citing deficiencies and recommending that appropriate action be taken,
If the lack of performance by the ENGINEER or inspector representative of the ENGINEER
is deemed by the CITY to threaten the safety or proper management or construction of the
,PROJECT, a stop work order may be issued by CITY
r
23, The ENGINEER has prepared a detailed cost estimate for the PROJECT, including design,
construction and CITY fees, This estimate has been reviewed and approved by the CITY, .
, , Date Received:
PUBLIC IMPROVEMENT POJECT PERMIT (KPFF revision ]2/18/09) Page 5 of 9
DEe 1 8 2009
Original Submittal
"
'c..
The estimated total cost of the PROJECT is $550,000,
24, This PERMIT shall be binding upon the undersigned and shall bind them and each of their
heirs, executors, administrators, assigns or successors in interest.
"
This section to be completed by the ENGINEER:
As an authorized representative of the ENGINEER, by signing below I bind the ENGINEER to all
terms contained in paragraphs 11 through 19 of this PERMIT and agree that the'ENGINEER will
furnish complete engineering services, as required by the, City of Springfield, Oregon, to accomplish
the completion of the PROJECT, I further appoint Matt Keenan as the professional engineer who ..
will certify all design, construction and as-builts for the PROJECT,
Date Received:
DEe 1 8 2009
Original Submittal
PUBLIC IMPROVEMENT POJECT PERM~T (KPFF revision 12118/09) Page 6 of 9
, ' '\.!
I, the undersigned, concur with the tenns 'of this PERMIT,
~~
ENGINEER's Authorized Representative Signature
MItTT /(~ f3'tJA-N
ENGINEER's Authorized Representative Name (Please Print)
A-5$ (X,//tTE
ENGINEER's Authorized Representative Title (Please Print)
Kf?~F CONSkt-7/1Vr,. ;E'J1(rI/\JFE/Z.')
ENGINEER's Finn Name (Please Print)
)'
(54/) b'b"f - 4"f Oz.
Business Phone Number (Please Print)
(511) 510 -1~z.'Z. '
Cell Phone Number (Please Print)
(541)6~1-4'fOC;
'Fax Number (Please Plint)
, J?1t:t fI. l<;'ee"aA @ k~/.fCill;{~Y'. 01111
E-m~il Address (Please Print) , ..'
IZ~ f <,AIC ;;r,l!-~~T. 'Sl<iTF 1",1>
Address (Please Print)
E/A-.!fb1( IOf( 1740 (
City, State, Zip (Please Print),
,n!lg/IJ"
Date
~~~~,
ENGINEER OF RECORD Signature
Affix Engineer's Seal Here
MItTl I<;;~NAN
ENGINEER OF RECORD Name (Please Print)
A>~t?UI/TF
ENGINEER OF RECORD Title,(Please Print)
/<PrFC,,/JS'M.f..71 NI/ t="A!(rINI'FtfZ-r
ENGINEER's Firm Name (Please Print)
/2- () I
Ot1~ S"TI2FET , Ski TE /t?<>
Address (Please Print)
'EXPIRES: 06/30/ (/
J
~IA. a-Ef...lt= _ OR. Cf 740 I
City, State, Zip (Please Print)
,
h-/I'J/.:>";
Date
Date Received:
KfFF {'LV,";"'"
Public Improvement Pennit Project (F::, :"_1 37,'1 ~,'81) Page 7 of 9
,DEe 1 8 2009
driginal Submittal
, . 0.';.
This section to be completed by the DEVELOPER(s):
,
I, the undersigned agree to conform to the conditions and requirements of the foregoing PERMIT
and accept the responsibilities as set forth herein, In so doing, I (we) name the ENGINEER
identified.in the preceding section, to' act in all matters pertaining to this PERMIT, perform the
required~engineering work, assure that all requirements of the City of Springfield have been met,
and certify that the PROJECT is ready for final acceptance by the City of Springfield,
Furthermore, I agree to fully compensate the ENGINEER for providing these services,
I understand that this PERMIT and the interests therein are not transferable to any other party or
parties Without the prior written consent of the CITY, In case of such attempted transfer without
permissi6n, the CITY may refuse to carry out the PERMIT either with the transferor or the
transferee, but all rights of action for any breach of Contract by said DEVELOPER are,reserved to
the crn, No officer of the CITY, or any person employed in its service is or shalt'be permitted
any share Or part of the PERMIT or is or shall be entitled to any benefit which may arise'
therefrom, The DEVELOPER sh~lI not assign any of the monies payable under the PERMIT or
claims thereto without the prior written approval of CITY,
Any assignment of money shall be subject to all proper setoffs and withholdings in favor of the
CI,TY arid to all deductions provided for in the PERMIT, and particularly all money withheld,
whether assigned or not, shall be subject to being used by CITY for completion of the work in the
event thd DEVELOPER should be in default therein, ' ,
I (we), tFie undersigned, concur in lhis PERMIT. Must be signed by all responsible parties involved in the
Agreement,
~~
DEVELOPER Signature
DEVELOPER Signature
.K1rtfA--r tJ,-(5f)t/7
DEVELOPER Name (Please Print)
DEVELOPER Name (Please Print)
Orr." of H-/l,
DEVELOPER Title (Please Print)
DEVELOPER Title (Please Print)
/JcL~dJ..&1. ?/O"'1e 7 L L C
Comp'!"y Name (Please Print)
Company Name (Please Print)
Zt(bt{ <vr/ &-kt:.-,v (J!c-u-
AddIess (please Print)
Address (Please Print)
, -t:.{:~~ifzea~ ~nt)
~_2? C;t.,
.
, City, State, Zip (Please Print)
f'2--/~/o'1
Date I I
Date Received:
Date
DEe 1 8 2009
l<"fFr~"jSiO>o. nl/8/o'f
Public Improvement Pennit Project (R.',isBa 87,'14;89/ Page 8 of 9
Original Submittal
/
. '
,C;
/C;<lI) q2~ - (A:~D7
Mrone Number (Please Print)
Phone Number (Please Plint)
Cell Phone Number (Please Plint)
(<;;<// \ c::c/o, - en &:, I
Fax'Number iFlease Plint)
) ,
\"'W:'1c...n,A r.>IA"JJu/I - ~t:':>. COvY/
E-mail Address (Pledse Print)
Cell Phone Number (Please Plint)
Fax Number (Please Plint)
E-mail Address (Please Plint) ,
This section to be completed by the CIIY:
'I, the undersigned, hereby accept the above signed PERMIT and hereby authorize the above parties to
proceed with the work in accordance therewith, When the completed PROJECT ;neets the stated CIIY
requirements, 1 will then recommend same for acceptance by the City of Springfield,
Date
\
CITY ENGINEER Signature
CITY ENGINEER Name (Please Print)
End of Agreement
Date Received:
DEe I 8 2009
Original Submittal
I'J'Ff ~v.SI"'"
Pub1icImprovement Permit Project (R..'",.. n'I1!e9)
11/1'b( 0'1
Page 9 of9
~ .,......
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;
,
Division of Chief Deputy Clerk
Lane Counly Deeds and Records
l~~~.~DJm \
1111111'1111111111111111111111111111111111 III $77,00
01 L '11 ,20090063327004 1049
" 11113/2009 03 :52 :04 PM
RPR-DEED Cnt:1 Stn:6 CASHIER 07
$20,00 $20,00 $11,00 $16,00 $10,00
i .
" '
After Recording Return To:
"
Andrew P. Parks
P.O. Box 1758
Eugene, OR 97440
"
----,i-
Date Received:
DEe 1 a 2009
Send Tax Statements To:
RObid' Oberg
LibertyBank
P.O. Box 10426
Eugene, OR 97440
Original Submittal
SHERIFF'S DEED ON EXECunON OF FORECLOSURE
, This Indenture, made this 11th day of November, 2009, between Russel E. Burger (Grantor),
as Sheriff of Lane County" State of Oregon, the party of the first part, and Liberty Bank (Grantee(s)), the
party or:the second part,
"Witnesseth, that whereas, by virtue of a Writ of Execution duly issued out of and under the seal
of the Circuit Court of the State of Oregon, for Lane County, dated the 20th day of May, 2009, upon a
judgment of foreclosure duly made and rendered in the said Court on the 12th day of March, 2009, in a
suit for, the foreclosure of a Mortgage or a Judicial Trust Deed in which LIBERTY BANK, an Oregon
chartered bank, were plaintiffs and ANDERSON DEVELOPMENT, LLC; an Oregon limited liability
company; BRENT ANDERSON; CONSTANCE ANDERSON; THEODORE ANDERSON; PATRICIA
ANDERSON; HAMMER LUMBER COMPANY, an Oregon corporation; WILDISH CONSTRUCTION
COMPANY, an Oregon corporation; and KPFF, INC" a Washington corporation, were defendants, to the
Sheriff of said County directed and delivered, commanding him to make sale of the real property
hereinafter described and conveyed, and in said judgment and execution specified, Lane County Circuit
Court case number 16-08-22264,
,
'And Whereas, in obedience to said command, and under and by virtue of said Writ of
Execution, the said Sheriff did levy, seize, and take all the lands, tenements and real estate which the
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1
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said defendant(s), the judgment debtor(s), (or any of them), had in and to the said premises hereinafter
particularly set forth, described and conveyed, with the appurtenances, and did on the 15th day of July,
2009, sell all the right, title, interest and claim of the said defendant(s) in said suit and to the said
premises, at public oral auction, at the Main Entrance of the of the lane County Courthouse, Eugene,
Oregon, between the hours of nine in the morning and four in the afternoon of that day, namely, at 11 :00
o'clock a,m" after having first given due notice of the time and place of said sale according to law, to wit
By publishing a printed notice, particularly describing the property' and that it was subject to redemption,
once a week for four successive weeks, making four publishing's in all, with the last publication at least
one week prior to the day of sale, in the Register Guard, a newspaper of general circulation printed and
published in lane County, Oregon, and by sending forthwith prior to the making of the first of such
publishing's, a copy of such notice by certified mail return receipt requested to each of the judgment
debtor(s) at his/her last-known post-office address or place of residence, and, if applicable, to all other
parties as specified by the judgment creditor in the sheriffs instructions by first class mail at the address
listed in said instructions, at which sale all of the right, title, interest and claim of lIie said defendant(s) (or
any of them) in and to the said premises, were struck off and sold to LIBERTY BANK, for the sum of
THREE MilLION FOUR HUNDRED THOUSAND dollars and ZERO cents ($3,400,000,00) being the
highest bidder and that being the highest sum bid therefore, '
,
And Whereas, the said Sheriff, after receiving from the said purchaser the sum of money so bid
,-as,aforesaid; 'gave-to the said purchaser such certificate'of-sale as is by-law directed' to be' given, and the-
matters contained in such certificate were substantially stated in said Sheriffs return of his proceedings
upon ,said Writ of Execution to the court administrator of the Circuit Court of Lane County, State of
Oregon. I. '. I~. " .
And Whereas, confirmation of sale is deemed conclusive by law, and the time having expired
as required by statute without any redemption of the said premises having been made,
Now, Therefore, This Indenture Witnesseth: That I, Russel E, Burger, Sheriff of said lane
County, by virtue of said Writ of Execution and in pursuance of the statute in such cases made and
provided for, and in consideration of the said sum of money in hand paid by the party of the second part,
the receipt whereof is hereby acknowledged, have granted, bargained, sold, conveyed and confirmed,
and by these present do grant, bargain, sell, convey and confirm unto the said party of the second part,
and to their successors, heirs and assigns forever, all the right, title, interest and claim which the said
defendant(s) in said suit (or any of them) had on the 12th day of March, 2009, or at anytime afterwards; or
now have in or to all these certain lots, pieces or parcels of land, situated, lying and being in the said
lane County, State of Oregon, and more particularly described as follows, to wit
Refer to attached physical description, This property is Not Yet Addressed and is bare lane
located in lane County Oregon, More Specifically: Daisy Street & 48th Street (Westwind Estates
Subdivision), Springfield, Oregon, 97478,
legal Description is attached Exhibit A.
Together with all the singular tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining, This instrument does not guarantee that any particular use may be made of the
property described i~ this instrument. A buyer should check with the appropriate city or county planning
department to verify approved uses,
Date Received:
DEe 1 8 2009
Original Submittal
(
-,
" "I '
2
i
\
".
.
To Have and To Hold the same premises, with the appurtenances, unto the said party of the
second part, their successors, heirs and assigns forever, free from all claim thereon upon the part of said
defendant(s) (or any of them), and as fully and absolutely as by law the party of the second part can or
ought to have or to hold the same hereunder,
In Witness Whereof, I, the said Sheriff, have hereunto set my hand and seal the day and year
first above written,
DATED this 11th day of November, 2009
,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, ORS
197,352, 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 OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES 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, ORS
197,352,
'I
STATE OF OREGON
Lane County
,
)
) ss, November 11 th, 2009
Russel E, Burger,
Sheriff of Lane County,
State of Oregon
iJ.J \.. (""'U....'t\. Qt\.l
By: Ann Olson, Deputy
This instrument was acknowledged before me by Ann Olson, as a duly appointed and commissioned
deputy of Russel E. Burger, the Sheriff of Lane County, Oregon,
Date Received:
~ ~ ^JlI"(~
blic for Oregon)
DEe 1 8 2009
, f"ltiQinal Submittal
. OFFICIAL SEAL
.,', JANET L, NICKLASON
' NOTARY PUBUC-QAEaON
WY COMM,~2~~fx~~~~~u~~1~~~~11
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Parc:e...
Th'ac part of th~ A.H. Hammit Donation kand Claim No. Je in Sections J2 and JJ.
~ownship IJ South, Range 2 West of th~ Willamette M~~idian, and the A.W. Hammit
Donatioo Land Claim No. 66 in Section 5, .To>(n:;hip 18 South, Range West of t.he
willametCe Me~idian, described as follo~s: Commencing at a point on the South
line of tbe McKenzie High....ay 1~..5e4 chains South of the Northwest corbel' of
said A.H. Han~it Don~tion Land Claim No. )8, which point is che Northwest
corner of a t~act of land conveyed by W.R. Robe~tson and wife to Heyerhaeu~er
Timber Co~any by a Deed.dated ~ebruary 2B, 19(6, recorded in Rook )17, Page
111, ~ne County Oregan peed Records. and is markeQ by it co~crete monument
des~gnated as Heyerhaeuse.r Timber Com~any Monument No. 15; thence Ea~t, .1lon9.
the SouLh line of 9~id highw~y, 100.0 leet to the Northeast corner of the tract.
of land conveyed to the City oC Springfield by Deed dated August 8, 1961. and
rec:orded A~gust. IS, 'l~Hil, Reel,No. 117, R,:ception No, ",o6si:'Lane COl1nt.y Oregoo
o.ee.d Re.cQ_rds, IlI1d t:.h,e tt"Ue peint of l>eginning; t:.he~ce ~ast ~ong the South ,1 ine
of'~aid'bighway, 105.00 ~~et; ~henc~ So~th 0- 4~' East LI0l.5 feet; thence on
the arc of & cu~ to the left with a r~i~s of 166.29 feet through a centr~l
~91e of 4'-.oJ' ~n arc distance of 655.9] feet; thence Sout~ 49- 15' East to
the North line of the 70-f9Qt Btrip of l~d conveyed to The Booth-Kelly Timber
. CQ~any by De~d d~ted Febru~'l~, 1955; ~~ Westerly ~lopg said North line
to its intersection ~ith the Heat line of eaiq _.w. H~it Donation Land Claim
.No.8' (the cente.rU,ne of .sa1.d 70-foot ..trip.'illtersecto sa.id West' ,line at II
point ])40.45 fee.t S:outh of the Northwe5t corner QE said A,M". Hnmmit DonatiQn
Land Cla.im No. J8 I; thence Nort~ along s;l.id W-est line to the South\ofest corner
of the tract of l~nd conv~y~ to the_ City o~.SpriPgfield by ~ Deed dated
J9~u.a;i:=y'13: H1j, r-ecor4ed Na.rch I, un, Reception No. 7)-06919, Lane County
ore~oq Official Records: thence ijast alo~ tbe South line of said City of
SprLogt(~l~ tra~t 10~ f~et: thence North along th~ East line u! the tW9 tr~ct6
conveyed to the City of Springfield by said Deeds dated August 6, 1~6i and
January 23, 1'73. 250 f~et tn the true pOint ~ beginnIng; all in Lane County,
Oregan. ex~PTINa ~E~BF2aM th~t portio~ of said land conveye~ to t.he City of
~pri~gfi~Id by ineerumenC recopded March '1, 2002, Rec~ptioo No. 2002-016522,
Offiaial Records of L.ane coun.t;y, Oregon. (Legat Description continued) Parcel
~I: A tract of land in the A.W. Hammit Donation Land Claim No. 86, Sections 4
and 5. To~~hip Ie South, Range 2 We~t oe the ~i~lamette Mertdian, par~icularly
described as (allows: S09inning at a point OD the South line a! the McKenzie
. H1gl;l.wIlY wbicn is 1232.54. f.;et {l9.SIU chAin!!, South of the NorthweDt corner of
tbe A.W. Karonit OQnation Land Claim No. 38 in Township 17 Soutb, Range 2 West
of the l1illA!II~tte ~eridi;ln, 'l'bich pOint io marked by. a concrete mouument
deSignated ae Meye~ha~6er Timber ~ompany MoIlUment No. 1S~ thence Raut along
the Sou~ line of SAid bighway for ~ distanc~ of 1)87.32 feet (21.02 chains) to
.l!-' point which is tbe tlOrthea"st corner of a 'trl!-ct of land conveyed by H. R.
RobertlJon and wife to Ke.yerb4euser TillWer Company by oil Doed dated February 211.
1546, ~ecorded in Boo~ 311, Page 111, ~e Coun'tyoregon Deed Records, and
which point is marked by oil conerete monument designated at; H'eyerhaeuser Timber
-Company Monument No. 18/ thence South alo~g the East 11ne of the tract of Land
convey~ by said Deed dated February 28, l~(6, for a distance of 2215.J feet tn'
an iron pipe ~bich is the true point of beginning of the tract herein described
and which paint marks the Southeast corner of the strip of land described aa
Parcei 1 in a Warranty Deed dated ~ebruary' 14, 1955, to the Booth-Kelly Lumbe~
'Company: thence alQng the South line of said P4rcel 1 &nd Parcel 2 as described
in said. D~d dated Fcbru.ary 14, 19S5, 11.8 follo'wD: ~outh 87. 54' West 62.S0
feet} thence u!'I19' a. 9. JO' (15- curve to the right {the long chord. of which
bears North ". 31',30. Hetrt ;lSJ.3g feet}- for Q. distance of 285.80 feet, theDce
North 64- 57' We8t 217.( feet; thence. &long a 10. 33' 12. curve to the left
{the long,chord ot which bears North 680221 (5. Westl G5.02 feet, thence Sou~
19- 11' )0<< Hest 5.0 reet; thence along a la- 38' ~6. curve to the left (the
long ohoid of which bears North. 8S- 57.' 4S- Nest}, a distance of 2fi1.75 feet;
thence South 79' 53' West 543.84 feet to a point on the Hest line of Baid A.~.
Haromit Donation Land Claim No. 86, 3392.00 feet South of the Northvest corner
of the A.H. fLutmit DOMeion ~d--Claim -Nct. .18, thence South along- :laid West
line: IlJ.]4 feet, man or less, to Keye.rbAeuser Timber Company Monument No. 16,
situated at the intersection of said Hest line and the North line of Southern
,Pacific Company's right of way; tbence Southeasterly aloDg said North line to
Ifeye.rbaeuser Timber CQmpany Monument No. 17. which IllaI'ks the Easterly bOWldary
'of the tract coDveyed by said Deed dated February 28, 'U46; thence North along
sald East. line ell.04 feet, more or less, to the true point of 'beginning, all
in Lane County, Oregon.
Date Received:
DEe 1 8 2009
Original Submittal
,
. E)(H JSIT A
"
.
,.,
AFTER RECORDING. RETURN TO:
Andrew p, Parks
P,O. Box,1758
Eugene, OR 97440,
SEND ALL TAX STATEMENTS TO:
LibertyBank
Altn: Robin Oberg
P.O. Box 10426
Eugene, OR 97440
--.---------
Division of Chief DepulyClerk
Lane County Deeds and Records
2~~9.~59~~~
111111 111111111111111111111111111 1111 II 1111111 $72 .00
11109j092009005~4400030034
10/21/2009 09:09:32 AM
RPR-DEED Cnl:l Sln:15 CASHIER 07
$15,00 $20,00 $11,00 $16,00 $10,00
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS, that Anderson Development, LLC, an
Oregon limited liability company, hereinafter called "Grantor", for the consideration
hereinafter stated, does hereby grant, bargain, sell and convey unto LibertyBank, an
, Oregon chartered bank, hereinafter called "Grantee", and unto Grantee's heirs, successors
and assigns his interest in all of that certain real property with the tenements,
hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated
in the County of Lane, State of Oregon, described as follows, to wit:
See Exhibit "A" attached hereto
TO HAVE AND TO HOLD the same unto the said Grantee and Grantee's heirs,
successors and assigns forever.
THIS DEED IS INTENDED TO TRANSFER ANY AND ALL INTEREST OF THE
GRANTOR TO THE REAL PROPERTY DESCRIBED HEREIN, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL REDEMPTION RIGHTS. IT IS NOT INTENDED TO EFFECT
A MERGER OF GRANTEE'S TRUST DEED ON THE SUBJECT-REAL PROPERTY, AND
THE OBLIGATION SECURED THEREBY SHALL REMAIN DUE AND OWING AS SET
FORTH IN THAT CERTAIN STIPULATED LIMITED JUDGMENT OF FORECLOSURE OF
REAL PROPERTY AND MONEY AWARD.
The actual consideration consists of or includes other property or value given or , "
promised which is the whole consideration,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY,'UNDER ORS 195.300, 195.301 AND 195.305-195.336, AND SECTIONS 5-11,
CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE
OF :THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE ~D USE LAWS AND REGULATIONS. BEFORE SIGNING OR
,ACCEPTING THIS' INSTRUMENT, THE PERSON ACQUIRING FEE TITLE Tj) THE d'
Date Kecelve .
DEe 1 8 2009
Original submittal
..
'.
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 or ORS 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR
PARCEL, TO DETERMINE ANY LIMITS ON l,AWSUITS 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 195.305-195.336, AND SECTIONS 5-11, CHAPTER 414, OREGON, LAWS
2007.
In construing this Deed and where the context so requires, the singular includes the
plural.
IN WITNESS WHEREOF, the Grantor executed this instrument this I S"day of
Oc...+Ob~'" , 2009:
:~~~y~' , "
Print Name: ..6'~--r!'/?T ~ ffi,~h~ Y'
STATE OF O~EGON )
)
County of Ul.0e... )
Personally appeared before me this 15' day of D:A(')0er , 2009, the
above named Brent Anderson as Member of Anderson Development, LLC, and
acknowledged that said instrument was signed as its voluntary act and deed,
r-- ~ -- ~-;F~':;:L;;~':- --4
KRISTY SAMEK I
'" ,j NOTARY PUBLIC. OREGON j
'". ,COMMISSION NO. 41<4531 I
MY COMMlssrONEXPIAES MARCH 19,20111
,...-~~--_-.:.-..-=-,=- - - = =-~ ~~- ~-=
~._~
Notary Publiy.1'(fr Oregon
MyCommis~ Expires~ - ;;()IL
Date Received:
DEe 1 8 2009
Original SUbmittal_
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LWllS2' A/!'lIC>l"? ~f,C";;'fU 'If
GIJorJ,fvrDOCr\1',jE~~. COl~.;;: :'i(!(1I;
~rlLl&:QlOBC.VJ1:ir~OJb,\r,i. ..:.~
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Parcel I;
That part of the A.W. Hammit bonation Land Claim No. 38 in Section~ 32 and J],
Township 17 South, Ran~e 2 West of the w~lamette Meridi~. and the A.H. Hammit
DonatioQ L4nd Claim No. 86 in Section 5. TQWn#hip 18 South, Range 2 Weet ot the
W111anette ~ridian, described as foll~G: C~encing at a point on the South
' line of tbe HcKen:z:ie Highway 19.58". chairul Sout.h ot the Northwest corner of
~aid A.Y. H~it Donation Land Claim No. 38, which point is the Northwest
corner of a tract of land conveyed by N.R. Robertson and wife 'to Heyer~euBer
Ti~er ComPany by a Deed dated February 2a, 1946. recorded iD Book )17, Page
171, ~ County Oregan ~c44 Records, and is ~ke4 by a cOQcrete monument
de3tgnated as Meyerhaeuaer Timber ComPany Mooument No. 15: thence Eas~ .Jon,.
i.:be South line ot aa.id higbWOlY, 100.0 feet to the Northeast corner of the tnct
o~ hnd cCJ;[!Vey~ to the City of Springfield by Deed dilted Augw;;t 8, 191>1, and
:recarcled August. 13, '1'61, Reel. No. 177, RecepUQn No. +0857; Lane County OregoQ
DedI RecQrtls, and t.b.e tnte po!nt: of beir1miJ.ng; theIJ,ce Bilst alODg" the South .line
at ~ai4'h19hvay, 105.00 ~~et; thence South O. ", 8a8t 1101.s feetj thence an
the -X~ of a curve to .~e left with a ~uu of 705.2p feet through a central
ang-le of 0. OJ' an. arc disUDce of 655..93 f~t; thence South .f.B. 15' Bast. t.o
the N~ Hue of the 7o-fro>ot strip of ~ conveyed to The. Boot.b-Ktdly Timber
O;Jmpany by Deed d4t.-ed ~~uy.H, 1955; th~ He-sterly alop.g- 8a.1d Nortb line
to ita intersection ~ith the Weat line of sa~d A.H. H~it Donation Land Claim
~. B' (ehe centerline ot said 70-toot. strip intersects saId West 1iqe at a
poittt ]]~O...S feet:. a~th of tbe Hortbwe.t OOrDllr Qf said A..... Hartllll.!t OonatiQl1
Land Claim No. 181; t.heoce Korth along said kat line to the SouthWest corner
of the trAct of land conveyed to the City o~ Springfield by a Deed dated
January 1J, 1973, recorded ~ch 1. l~7), ~eccption No, 73-08'13, Lane County
OregOD Official Records; thence east alo~ the South line- of said City of
Springti~ld tract 100 feet; thence North along the Ract line of the tVQ tracts
. ,-.J. t.o 1:Jlfl' City of .o%Jrinq..fi.c1d by said lleed,s dated. AUg\UJt 8, un ilDd
J~ua.ry 23, 1'73. 250 feet to the true paiat of beginning, all in Lane County,
Oregon. DCBPTING T1RJlEF'KCItol tlut,t. portioJ;l .of said land CD.IIV'l!:yed to the City of
apriQgfield by ins~t rcco~ed March I, 1002, Rec~pt.ion No. 2001.016522,
Oflich.l Records of t.ne county, .oregon. 1.Le9a~ DeBcrJptioD cont:i.r:zued~ Parcel
II: A tr'lct. of lvu! in the A.W. Hilf1Vl1it. Oanat.ian Land Clailll No.9', Section. ..
IIUId 6, Towship Ie South. Range 2 We~l:. of U1e 'WillolUllet.te Meridian, Particularly
described ... tollows; Be.ginning lL~ a potnt .on the South' line of the McKenzie
. Higilway vhic.h i. 1.2'2.54 ft:et 11'.58. ch4in.sJ South of the Northwest. corner of
t..be A.W. 8A.IIIn1t Elan.ation Wnd. Claim No. J8 in TowtUlhip 11 South, Range 2 Nest
.of the JfillaJM!tl:.e Merid.!a.n, whiCh poiAt 1.& lIla.r'ked by . con=ete \m)nWlll!:Ot
deslgnate.d ilJI Ne)"erha.ewrer Timber t:oeqpany MoDume.nt No. 15.; t.b..ence Baal:. along
the Boutb l~ne of' .aid highlHlY for i.. dista,nce of ~]B1.n feet 121.02 cha!as) to
It. point wuc:h is tJ:ie Ucrthea,st corner of a'tract of land -......-J~:! by .W.R.
Robert.oo and wife to Weye.rh4eUlJer Ti~er Coa:ipa.oy by a Deed dated February 28,
13U, r:eoorded.ib Book ]17. ~ge'lll. La.ce County Oregon De~ R.ecqrds, B.Dd
tdtidl potD~' ts -.arlced by . C~rete UloDlJlIlent designated 118 Weye.rha.euflIer: Timber
eoq,any I4cu1um.ent No. 18 1 t.hcnOllo Sautb alOf;lg thlll bat line of the tract of land
-.~-~~ by said Deed dated F~ruary 28, 134', for.. distanc~ of 2215.J feet to
aD iron pip!!I which is the true point t:>! be.g-inning. of t.be trat::t herein descri..bed
and which point rArks the ,South.cast COrner of the strip of bnd described as
Parcell ia a Warranty Deed da~ed Pebruary It, 1955, to the Booth-~elly Lumber
COCIIpIUly; .the.o.ce a.J..ong th~ Sau~ line of 8aidP~el 1 and Parcel 2 AS deecribed
iG &It.i.d Deed. datadP~ 14, 1355, as tolloVa; South 87. 5" Weilt '2.50
feet} t-.heDce a.1~ . ,. 30' as. ~ to the right fthe long chord of which
heAra North 784 31' 30. N~t ~81.19 featl for R distance at 285.80 teet I thence
Horth 5... 51' "eat:. 21'1.4 teet, ~ce a.loug'. ~04 33' 1.2. curve. to the left
(the lottg' chord. ot Vbich bears North U4 2.2' 'S. W,Ut) -65.D2 feet; thence South
18. 11' 30. Weat 5.0 teet: ~ along a 10. 38' ~,. curve to the left (the
laqg ebcud o~ trhic:h hearu North, B5. 57' 45. "eSt) a distance of 267.7S 'feet,
the:nCI!!l South 79. 53' Wes~ SU.." fel!!lt to . point Db the "~t 11.ae of aaid A.M.
Ibul;nd.t DcmatiOll L:u:2d Claim RD. ati. 3382.00 feet SQUth of ~ Northwest OOttle.r.
of the A.". HuuJ~~.Land"C1a.ia NQ. 38; t.henCe SOuth dong-said West
l.iDb Ul.34, '~:":.~~lf:-,~' to "'e~U8er Tll1ll:Hu- Company Monument liD. 1&,
situated a~.~'~:)i5.~~ion O.~.. said West libe and the North line of Southern
Padfic ~'. .rt9ti~.,~,w.yt thenCi!! Southeasterly along said North linl!!l to
Ke~,~,,~ ~Y'~t No. 17, wh.1ch -.rJctI tbl!!l aaatl!!l~ly boundary
of the ~ ~ .tgi.D"A.l~~~ dated. Febrvary 28, 19"; t.benee North aloog
sud. Bas~<iind ":U:~"D.c .:~et. .~ .or leas, to the true paint ot beginning, _U
.1.I...~e.~ty\,~,~.""'..-' . . .
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Dl3t~ l1ec~fyed:
I
I
EXHIBIT
PAGE
DEe 1 8 2009
, OriginalSubmittal
\
~ '
'> 1 ~ '" I ., f'
. '.
~~~.
.-,,-.
First American
First American Title Insurance Company of Oregon
. 600 Country Club Road
Eugene, OR 97401
Phn - (541)484'2900
Fax - (541)484-7321
Order No, : 7061-1483968
December 17, 2009
FOR OUESTIONS REGARDING YOUR ClOSING. PLEASE CONTACT:
SABRINA DAIRY, Escrow Officer/Closer
Phone: (541)322-9147 - Fax: (866)902-9868- Email:sdairy@firstam,com
First'American Title Insurance Company of Oregon
395 SW Bluff Drive, Ste 100, Bend, OR 97702
..J
FOR All OUESTIONS REGARDING THIS PRELIMINARY REPORT. PLEASE CONTACT:
Michael Silvis, Title Officer ,
Phone: (541)484-2900 - Fax: (541)484-7321 - Email:msilvis@firstam,com
Third Supplemental Preliminary Title Report
2006 ALTA 9wners Standard Coverage Uability $ TBO Premium $ TBD
2006 AL TA Owners Extended Coverage Liability $ Premium $
2006 ALTA Lenders Standard Coverage Liability $ Premium $
2006 ALTA ~:enders Extended Coverage liabilitY $ TBD Premium $ TBD
Endorsement 9,22 & 8.1 Premium $ 100,00
"
Govt Service"Charge Cost $ 15,00
I
Other Cost $
,
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
~ .
title to the following described land: "
~ i ' .
~ .
The land referred to in this report is described in Exhibit A attached hereto,
: 'I
and as ofpecember 14, 2009 at 8:00 a,m" title vested in:
LibertyBank, an Oregon chartered bank
Subject tq the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. Taxks 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 nooces of such
proceedings, whether or not shown by the records of such agency or by the pubiic 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,
I
Date Received:
,
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance polley and shall become void unless a policy is issuedl and the full premium paid.
DEe 1 8 2009
Original Submittal
Preliminary Report
Order No.: 7061-1483968
Page 2 of 6
3, Easements, or claims or ea-sement, 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, confiicts in boundary lines, shortage in area, encroachments or other facts which a
;'correct survey would disclose, .
:i
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,
,
,
The exceptions to coverage 1-5 inclusive as'set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy,
"
"
.,
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon re,view of such information: '
!
A,
B,
C.
Surveyor alternative acceptable to the company
Affidavit regarding possession
, Proof that there is 'no new construction or remodeling of any improvement located on
the premises, In the event of new construction or remodeling the following is
required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by, the Insurance Division of the State of Oregon
,
,ii
ii
6, -The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads arid highways, '
:
'l .
7, Easement, including terms and provisions contained therein:
,
Recording Information: April 29, 1936 in Book 186, Page 175
,
In Favor of: Eugene-Springfield Land and Water Company
"
For: irrigation canai
, '
jf
,
8, Easement, including terms and provisions contained therein:
('ecording Information: August 19, 1966, Reception No, 58163
In Favor of: City of Springfield
For: electric transmission and distribution
9, Easement, including terms and provisions contained therein:
Recording Information: August 19, 1966, Reception No, 58164
In Favor of: City of Springfield
,
For: electric transmission and distribution
10.
Easement, including terms and provisions contained therein:
, '
'Recording Info'rmation: July 05, 1983, Reception No, 83-22991
In Favor of: City of Springfield
For: electric transmission and distribution
"
Date Received:
DEe 1 8 2009
Am American TItle
Original Submittal
Preliminary Report
Order No.: 7061-1483968
Page 3 of 6
11. Easement, including terms and provisions contained therein:
Recording Information: July 05, 1983, Reception No, 83-22992
In Favor of: City of Springfield
For: electric transmissio,n and distribution
,
12,
Easement, including terms and provisions contained therein:
Recording Information: September 12, 1983, Reception No, 83,32317
In Favor of: City of Springfield
For: public water utility
13,
Agreement concerning road use dedication, construction and maintenance agreement, including
terms and provisions thereof, '
Recorded: September 24, 1985, Reception No, 85-33776
14,
c '
, '
Covenants, conditions, restrictions, reservations and/or easements, as contained in a Deed; but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, family status, or national origin to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: November 20,2001, Reception No, 2001-077441 '
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2009-2010 PAID IN FULL
Tax Amount: $10,211,75
Map No,: 17-02~32-00-00104
Property ID: 1378395
Tax Code No,: 019-00
NOTE: vye find no judgments or United States Intemal Revenue liens against Hayden Homes, LLC '
NOTE: According to the public record, the following deed(s) affecting the property herein described have
been recorded within 24 months of the effective date of this report: NONE
- )
Situs Address as disclosed on Lane County Tax Roll:
Daisy St and .48th St, Springfield, OR 97478
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
cc: Hayden Homes, LLC
cc: LibertyBank
cc:
cc:
Date Received: '
cc: Gene Buccola, Hasson Company Realtors
233 SW Wilson Ste 102, Bend, OR 97702
DEe f 8 2009
Original Submittal
Arst American 77tle
Preliminary Report
Order No.: 7061-1483968
Page 4 of 6
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,'~
First American Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COYERAGE
ALTA LOAN POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, Of
expenses that arise by reason of:
1. (a) Ariy law, ordinance, penna, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, Of
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(Iii) the subdivision of land; or .
(rv) environmental protection;
0( the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental-police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2.' Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oaimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;
(d) attaching or created subsequent to Date of Poky (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
~ '
(e) resulting in loss or damage that wouk:l not have been sustained if the InSured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lfen of the Insured Mortgage because of the inability or failure of an Insured to compty with applicable doing-business laws of the
state where the Land is situated. '
5. Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or tnJth-in-lending law.
6. AIry claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is .
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a p'ieferential transfer for any reason not stated in Covered Risk 13(b) of this policy,
7. Any lien"on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l1(b).
ALTA OWNER'S POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company wilt not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any' law, ordinance. pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to .
(i) the occupancy, use, or enjoyment of the Land;
(ii) !he character, dimensions, or locatbn of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv)1 environmental protection; ,
or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion l(a) does not modify or limit the coverage provided
under cOvered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify.or limit the covel<lQe provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Caimant;
(b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the :Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;. .
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under COYered Risks 9 and 10); or
(e) resulting in loss or damage that 'o\IQuld not have been sustained if the Insured Caimant had paid value for the Title. .
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the TItle as
shown in' Schedule A, is ' ~
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reaSOll not stated in Covered Risk 9 of this policy.
5. 'Any lien on the Tttle for real estate taxes or assessments imposed by ",~.~".",,",..al authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
SCHEDULE OF STANDARD 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 rj'ublic 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. Any enCroachment (Of existing improvements located on the subject land onto adjoining land or of existing improvements
located on adjoinIng land onto the subject land), encumbrance, violation, variation, Of adverse orctlmstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien~ or right to a lien, for services, labor, material, equipment rental Of workers compensation heretofore or hereafter
furnished, imposed by law and not shown by the public records.
NOTE: A SPECIMEN COPY OF THE POUCY FORM (OR FORMS) WIll BE FURNISHED UPON REQUEST
T1149 Rev. 7-22-0B
Date Received:
First American Title
DEe 1 8 2009
Original Submittal
Preliminary Report
,Order No.: 7061-1483968
Page 5 of 6
Exhibit "All
Real prciperty in the County of Lane, State of Oregon, described as follows:
PARCEL 1:
'I
THAT PART OF THE A, W, HAMMIT DONATION LAND CLAIM NO, 38 IN SECTIONS 32 AND 33,
TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, AND OF THE A, W, HAMMIT '
DONATI'ON LAND CLAIM NO, 86 IN SECTION 5, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE
WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE MCKENZIE HIGHWAY 19.584 CHAINS SOUTH
OFTHE!NORTHWEST CORNER OF SAID A,W, HAMMIT DONATION LAND CLAIM NO, 38, WHICH POINT
IS THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY W, R, ROBERTSON AND WIFE TO
WEYER8AEUSER TIMBER COMPANY BY A DEED DATED FEBRUARY 28, 1946, RECORDED IN BOOK 317,
PAGE 171, LANE COUNTY OREGON DEED RECORDS, AND IS MARKED BY A CONCRETE MONUMENT
" '
DESIGNATED AS WEYERHAEUSER TIMBER COMPANY MONUMENT NO, 15; THENCE EAST ALONG THE
SOUTH LrNE OF SAID HIGHWAY, 100,0 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND
CONVEY'ED TO THE cm OF SPRINGFIELD BY DEED DATED AUGUST 8,1961, AND RECORDED AUGUST
19, 1961, REEL NO, 177, RECEPTION NO, 40857, LANE COUNTY OREGON DEED RECORDS, AND THE
TRUE POINT OF BEGINNING; THENCE EAST ALONG THE SOUTH LINE OF SAID HIGHWAY, 105,00 FEET;
THENCE,SOUTH 0049' EAST 1101.5 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT WITH A
, RADIUSi:OF 766,20 FEET THROUGH A CENTRAL ANGLE OF 490 03' ANARC DISTANCE OF 655,93 FEET;
THENCEiSOUTH 480 15' EAST TO THE NORTH LINE OF THE 70-FOOT STRIP OF LAND CONVEYED TO
THE B00TH-KELLY TIMBER COMPANY BY DEED DATED FEBRUARY 14,1955; THENCE WESTERLY
ALONG SAID NORTH LINE TO ITS INTERSECTioN WITH THE WEST LINE OF SAID A. W, HAMMIT
DONATION LAND CLAiM NO, 86 (THE CENTERLINE OF SAID 70-FOOT STRIP INTERSECTS SAID WEST
LINE ATJiA POINT 3340.45 FEET SOUTH OF THE NORTHWEST CORNER OF SAID A. W, HAMMIT
DONATION LAND CLAIM NO, 38); THENCE NORTH ALONG SAID WEST LINE TO THE SOUTHWEST
"
CORNER OF THE TRACT OF LAND CONVEYED TO THE cm OF SPRINGFIELD BY A DEED DATED
, JANUARY 23, 1973, RECORDED MARCH 1, 1973, RECEPTION NO, 73-08919, LANE COUNTY OREGON
OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID CITY OF SPRINGFIELD TRACT
100 FEET; THENCE NORTH ALONG THE EAST, LINE OF THE TWO TRACTS CONVEYED TO THE cm OF
SPRING~IELD BY SAID DEEDS DATED AUGUST 8, 1961 AND JANUARY 23, 1973,250 FEET TO THE TRUE
, '
POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON, '
1 : '
EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE cm OFSPRINGFIELD BY
INSTRU~ENT RECORDED MARCH 1, 2002, RECEPTION NO, 2002-016522, OFFICIAL RECORDS OF LANE
COUNTY, OREGON, '
II
Date Received:
DEe 1 8 2009
First American ntle
Original Submittal
Preliminary Report
Order No.: 7061-1483968
Page 6 of 6
PARCEL 2:
A TRAG OF LAND IN THE A. W, HAMMIT DONATION LAND CLAIM NO, 86, SECTIONS 4 AND 5,
TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, PARTICULARLY DESCRIBED AS
ffi~~: . ,
I
BEGINNING AT A POINT ON THE SOUTH UNE OF THE MCKENZIE HIGHWAY WHICH IS 1292,54 FEET
(19,584:!CHAINS) SOUTH OF THE NORTHWEST CORNER OF THE A, W, HAMMIT DONATION LAND CLAIM
NO, 38 IN TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, WHICH POINT IS
MARKED BY A CONCRETE MONUMENT DESIGNATED AS WEYERHAEUSER TIMBER COMPANY
MONUMENT NO, 15; THENCE EAST ALONG THE SOUTH LINE OF SAID HIGHWAY FORA DISTANCE OF
1387.32 FEET (21.02 CHAINS) TO A POINT WHICH IS THE NORTHEAST CORNER OF A TRACT OF LAND
CONV~ED BY W, R. ROBERTSON AND WIFE, TO WEYERHAEUSER TIMBER COMPANY BY A DEED
.,
DATED FEBRUARY 28, 1946, RECORDED IN BOOK 317, PAGE 171, LANE COUNTY OREGON DEED
RECORDS, AND WHICH POINT IS MARKED BY A CONCRETE MONUMENT DESIGNATED AS
WEYER~AEUSER TIMBER COMPANY MONUMENT NO, 18; THENCE SOUTH ALONG THE EAST UNE OF
THE T~CT OF LAND CONVEYED BY SAID DEED DATED FEBRUARY 28, 1946, FOR A DISTANCE OF
2215,3 frEET TO AN IRON PIPE WHICH IS THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN
, DESCRI8ED AND WHICH POINT MARKS THE SOUTHEAST CORNER OF THE STRIP OF LAND DESCRIBED
AS PARGEL 1 IN A WARRANTY DEED DATED FEBRUARY 14, 1955, TO THE BOOTH-KELLY LUMBER
COMPANY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1 AND PARCEL 2 AS DESCRIBED IN SAID
DEED DATED FEBRUARY 14, 1955, AS ffiLLOWS: SOUTH 870 54' WEST 62,50 FEET; THENCE ALONG A
9030' 06" CURVE TO THE RIGHT (THE LONG CHORD OF WHICH BEARS NORTH 78031' 30" WEST
283.39 ~EET) ffiR A DISTANCE OF 285,80 FEET; THENCE NORTH 64057' WEST 217.4 FEET; THENCE
, ALONG f:. 100 33' 12" CURVE TO THE LEFT (THE LONG CHORD OF WHICH BEARS NORTH 680 22' 45"
WEST) 65,02 FEET; THENCE SOUTH 180 11' 30" WEST 5,0 FEET; THENCE ALONG A 100 38' 06" CURVE
TO THE LEFT (THE LONG CHORD OF WHICH BEARS NORTH 850 57' 45" WES1) A DISTANCE OF 267,75
FEET; ~ENCE SOUTH 790 53' WEST 543,84 FEET TO A POINT ON THE WEST UNE OF SAID A. W.
HAMMIlj DONATION LAND CLAIM NO, 86, 3382,00 FEET SOUTH OF THE NORTHWEST CORNER OF THE
'A, W, HJ;lMMIT DONATION LAND CLAIM NO, 38; THENCE SOUTH ALONG SAID WEST LINE 123.34 FEET,
MORE OR LESS, TO WEYERHAEUSER TIMBER COMPANY MONUMENT NO, 16, SITuATED AT THE
INTERSECTION OF SAID WEST UNE AND THE NORTH UNE OF SOUTHERN PACIFIC COMPANY'S RIGHT
OF WAY; THENCE SOUTHEASTERLY ALONG SAID NORTH 'LINE TO WEYERHAEUSER TIM8ER COMPANY
MONUMENT NO, 17, WHICH MARKS THE EASTERLY BOUNDARY OF THE TRACT CONVEYED BY SAID
DEED D~TED FEBRUARY 28, 1946; THENCE NORTH ALONG SAID EAST LINE 831.04 FEET, MORE OR
LESS, TO THE TRUE POINT OF BEGINNING, ALL IN LANE COUNTY, OREGON,
, '
"
, ,
NOTE: This iegal description was 'created prior to January 1, 2008,
J ' .
Tax Parcel Number: 1378395
Date Received:
DEe 1 8 2009
Original Submittal
First American TItle
c
IN WITNESS WHEREOF, the Declarant has executed and delivered this instrument on
the n-t.n day of 0>L~2009,
, DECLARANT:
HAYDEN HOMES, LLC,
an Oregon Limited Liability Company
B-;71
Name:~-~
Title: C.C c>
STATE OF OREGON )
) ss,
County 'of Deschutes )
The foregoing instrument was acknowledged before me this \ I~ day of oe.ce"..~
2009, by '<:hudef"l \.n.-\F:cn the (' F:{) of Hayden Homes, LLC, an Oregon
Limited Liability Company, on behalf of the company,
'~"---.'ciVF{cIAlsE'AL" -='~ '"',, ,',
,'. KIMBERLY GUTHRIE ;. ...
j ~ NOrARY PU8UC-,OREGON :'
, ,,' , COMMISSION NO, 418529 f,',',
!~__Mlgl~1~QH,XE!m..lQLI8,2Q111 ",,'
n _. . ,. ..., '. ' .,__~~
, ~ .-n\c-" ~{\\.ck1r? '"
,,'-Notary Rublic, Ie of Oreg~~
'tvfy:ConilnissionExpires: 1_\ fl., ani I
',".",",
. 'i'......<.
Date Received:
DEe 1 8 2009
, Original Submittal
40 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlll t5131l536781RSB/52863;O,2
,
CITY OF SPRINGFIELD
STORMWATER TREATMENT FACILITIES OPERATION AND
MAINTENANCE AGREEMENT AND GRANT OF EASEMENT
This Stormwater Treatment Facilities ("Water Oualitv Swale/Detention Pond") Oper~tion
and Maintenance Agreement ("Agreement") and Grant of Easement is entered into this
/7 day of ,7)t!:~l1e___ , 2009 by and between the City of Springfield, a municipai
corporation of the state of Oregon, ("City") and LibertvBank, an Oreaan chartered bank
(Properry Owner"), '
RECITALS
WHEREAS, under the provisions of the Federal Ciean Water Act, City is required to
meet the requirements of the National Pollution Discharge Elimination System program
(NPDES) by obtaining a NPDES Municipal Separate' Stormwater Sewer System (MS4)
Stormwater Discharge Permit and developing and maintaining a stormwater management
plan; and
WHEREAS, the NPDES MS4 stormwater discharge permit program, as it may be
amended or reissued, requires City to ensure adequate long-term operation and
maintenance of Best Management Practices (BMPs) designed to ensure water quality for
stormwater runoff from a site; and
WHEREAS, the Willamette River and the McKenzie River in the vicinity of the City of
Springfield have been Identified by the State of Oregon as being out of compliance with
state water quality standards (303(d) listed streams); and
I
WHEREAS, City has pending Total Maximum Daily Load (TMDL) limitations for Its
stormwater discharges to the Waters of the State and the Waters of the United States under
the federal Clean "Yater Act (CWA); and
WHEREAS, the CWA mandates that MS4'dischargers employ stormwater BMP's to
the maximum extent possible (MEP) when the receiving waters are'not in compliance with,
state water quality standards; ,and '
WHEREAS, the Springfield Common Council established City policy relating to the
operation and maintenance of privately-owned stormwater management facilities which
provide public stormwater management functions, specifically Chapter 3,01 of the City's
Engineering and Design Standards and P'rocedures Manual, as may be amended; and
WHEREAS, the City granted WestwindEstates Subdivision Tentative Plan approval,
reference SLJB2005-00048 and Subdivision Plat approval, reference PRE2005-00056,
After Recording Return to:
Place Bar Code Sticker Here
~
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Date Received:
DEe 1 8 2009
Page 1 of 8
Original submittal
WHEREAS, Property Owner is the title-holder of real property commonly known as
an easement encumberino Tract B of Westwind Estates Subdivision, as recorded on
, 2009 In the land Subdivision Plat records of Lane County, State of Oregon
and filed as C,S, File No, " as shown as EXHIBIT A, upon which the Water
,Oualitv Swale/Detention Pond ,is located or to be constructed, as generally depicted in
EXHIBIT B, Public'Improvement Project Plan # P30485 ; and
,WHEREAS, the on-site Water Ouality Swale/Detenti0n Pond required by City's
Stormwater Management Plan shall be designed and constructed in accordance with the
City's Engineering and Design Standards and Procedures Manual; and
WHEREAS, City and Property Owner agree that the health, safety and welfare of the
'City's citizens require the Water Oualitv Swale/Detentlon Pond to be constructed and
maintafned on Property as more particularly described in the Subdivision Construction Plan
and shown in EXHIBIT B; and '
WHEREAS, Property Owner recognizes the Water Oualitv Swale/Detention Pond as
more particularly described and shown in EXHIBIT B, of which full-scale plans and any
amendments thereto are on file with the Engineering Division of City shall be installed and
maintained as indicated In this Agreement and as required by the NPDES MS4 stormwater
discharge permit program,
NOW, THEREFORE, the construction, operation and maintenance of the Water,
OualitviSwale/Detention Pond shall be regulated by the mutual cover1ants set forth herein,
Property Owner ar1d City agree as follows:
SECTION 1: CONSTRUCTION,RESPONSIBILITY - PROPERTY OWNER
The Water Oualitv Swale/Deter1tion Pond as shown on the Public Improvement Project 'Plan
as more particularly described and shown in E'XHIBIT B shall be COr1structea or cause to be
constructed by Property Owner,
SECTION 2: SPECIFIC-OPERATION AND MAINTENANCE RESPONSILITY
2.1. CITY
A) City shall endeavor to maintain the Water Oualitv SwalelDetention Pond in a manner
that allows the Water Oualitv Swale/Detention Pond to continue to ope,ate and
perform the functions for which It was designed in order to attain compliance with the
N~DES MS4 stormwater discharge permit program and City's Engineering and Design
St~r1dards and Procedures Mar1ual.
B) City shall endeavor to maintain the Wate'r Oualitv Swale/Detention Pond for operation
necessary to assure the proper functioning of the Water Oualitv Swale/Detention Pond
to provide stormwater drainage'and/or water quality management to multiple private
properties, City understands such endeavors may include removing sediment,
accumulation resulting from the normal operation of the Water Oualitv
Swale/Detentlon Pond and Department of Environmental Quality mandated pollution
abatement in order to protect the City-wide storm water system, City will not accept
responsibility for landscaping for aesthetic purposes or other amenities Property Owner
may locate within the Water Ouailtv Swale/Detention Pond,
Date Received:'
Page 2 of8
DEe 1 8 2009
Original submittal
0)
Except as specified in Subsection 2,1, City shall have no responsibility for maintenance
or safety of the Water Qualitv SwalelDetention Pond" ' -
Any City responsibilities delineated in Subsection 2,1 are 'subject to-the availability and
appropriation of funding as determined by the sound discretion of the of the
Springfield Common Council as set forth in Section 12,
C)
2.2. PROPERTY OWNER
In carrying out these maintenance obligations, Property Owner and Property Qwner's,heirs,
successors, and assigns are not agents, employees, volunteers or officials of City, In
consideration of the City's maintenance responsibilities as set forth in Subsection 2,1, A)-D),
Property Qwner shall:,
A) Notcompromise the proper functioning ofthe Water Oualitv Swale/Detention Pond to
provide stocmwater drainage or water quality management for Westwind Ecretes
Subdivision (P304851.
B) Install and maintain trees and other plants in and along the Water Qualitv
Swale/Detention Pond as'conditioned in the Subdivision Tentative Plan and in
accordance with the City's Engineering Design Standards and Procedures Manual,
C) Incorporate the following mowing methods that shall be used ifihe vegetation in the
Water Oualitv Swale/Detention Pond requires mowing: a. push type powe,r mower; a
riding mower with high flotation tires-or another method approved in writing by City,
0) Remove and dispose of dead vegetation and cuttings, including grass cuttings, from 'the
Water Qualitv Swale/Detention Pond in accordance with City requirements; and replace
vegetation as may be required by City in order to maintain Water Oualitv
Swale/Detention Pond functionality,
E) Remove any ga'rbage and litter in the Water Qualitv SwalelDetention Pond,
F) Not ,apply or dump pesticides, herbicides, fertilizers, petroleum-based products or other
hazardous or foreign sUbstances in the Water Qualitv Swale/Derention Pond,
G) Be subject to all nuisance provisions of the Springfield Municipal Code, inclu'ding the
control of noxious weeds and vegetation and the removal of litter and debris, except as
necessary for the proper functioning of approved vegetation for the Water Ouaiitv '
Swale/Detention Pond, the Wetpr Dualitv Swalp/Detention Pond as well as the adjacent
access easement, if any, and the private property burdened by the Water Oualitv
Swale/Detentioj1 Pond and acc!,ss easements
I) Submit a copy of as-constructed plans of the stormwater system to City upon
completion of construction,' '
J) Pay real property taxes on the real property underlying the easement on the Water
Oualitv Swale/Detention Pond in a timely manner as described in Section 3,
k) Perform other maintenance requirements as necessary to ensure the proper functioning
of the Water Qualitv Swale/Detention Pond,
,
Date Received:
DEe 1 8 2009
Page 3 of 8
Original Submittal
,
SECTION 3: GRANT OF EASEMENT- ACCESS TO THE WATER-OUALITY
SWALE/DETENTION POND
In, further consideration of the obligations undertaken by City in Section 2,1, Property
, Owner, hereby grants to City a perpetual, non-exclusive easement located as shown on the
Plat for the purpose of access to and maintenance of the Water Qualitv Swale/Detention
Pond located on Tract B of Westwind Estates Subdivi<;ion as described in Exhibit C,
SECTION 4: CITY INSPECTION
City may make periodic inspections necessary to accomplish any City requirements under
Section 2,1 and to review Property Owner compliance with Section 2,2, Property Owner
hereby grants permission to City and authorized agents and employees to enter upon
Property at reasonable times and in a reasonable manner to inspect, assess or observe the
Water Oualitv Swale/Detention Pond, This includes the right to enter upon Property without
notice 'when City has a reasonable basis to believe that a violation of this Agreement,City's
Engineering Design Standards and Procedures Manual, the NPDES MS4 stormwater
discharge permit program including any amendments or re-issuances of this program, or
the Springfield Development or Springfield Municipal Codes is occurring, has occurred, or
threatens to occur, City also has a right to enter Property without notice when necessary for
abatement of a public nuisance or correction of a violation of the authorities listed above,
Upon inspection of the facility, City will notify Property Owner in writing of any noted
conditions, or practices that are not in compliance a'nd will specify a time frame for
corrective actions,
SECTION 5: CHANGES AND MODIFICATIONS TO THE WATER OUALITY SWALE
City may make such adjustments, modifications and changes to the Water Oualitv
Swale/Detention Pond as City deems necessary to accomplish any requirements under
Section 2,1. Property Owner shall not make changes or modifications to the Water Oualitv
Swale/Detention Pond without written approval and required permits from the City prior to
grading, filling, piping, cutting or removing, except for routine and minor landscape,
maintenance as specified in Section 2,2 or performing any alterations or modifications to
the Water Qualitv Swale/Detention Pond,
SECTION 6: INDEMNIFICATION
Property Owner shall defend, indemnify, and hold harmless City and its authorized agents,
officers, officials and employees from and against any and all claims, demands, suits,
damages, liabilities, losses, accidents, casualties, occurrences, claims and payments,
including attorney fees claimed or which might arise or be asserted against City that are
alleged or proven to result or arise from the construction, presence, existence or
maintenance of the W~t~r Ol,lalitv Swale/Detention Pond, In the event a claim is asserted
against City, its authorized agents, officers, officials or employees, City shall promptly notify
Property Owner and Property Owner shall defend, at its own expense, any suit based on
such claim, If any judgment or claims against City, its authorized agents, officers, officials
or employees shall be allowed, Property Owner shall pay for all costs and expenses in
"connection thereto, This Section shall not apply to any claims, demands, suits, damages,
liabilities, losses, accidents, casualties, occurrences, claims and payments, including
attorney fees claimed which arise due solely to the negligence or willful misconduct of City,
Nothing herein shall be deemed a waiver by City of the requirements of the Oregon
Governmental Tort Claim Act in ORS 30,260 through ORS 30,300,
'-
Date Received:
Page4of8
DEe ,I 8 2009
Original Submittal
SECTION 7: AGREEMENT RUNS WITH THE LAND
This Agreem'ent and Grant of Easement is perpetual and shall run with the land and shall be
binding upon all Property Owners' heirs, successors, and assigns,
SECTION 8: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision is ,adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision of this Agreement.
SECTION 9: RECORDATION OF AGREEMENT
This Agreement shall be recorded in the Lane County Recorder's Office by Property Owner at
Property Owner's expense and a copy of the recorded document shall be provided to City,
SECTION 10-: RELEASE OF AGREEMENT AND REMOYAL OF THE WATER OUALITY
SWALE/DETENTION POND
In the event City, in its discretion, determines the Water Oualitv Swale/Detention Pond
located on Property is no longer required, then City may, at the request of Property Owner,
execute a release of this Agreement, which Property Owner may record in the Lane County
Recorder's Office a't Property Owner's expense, The Water Oualitv Swale/Detention Pond
shall not be removed from Property by Property Owner unless such a release is so executed
and recorded in the Lane County Recorder's Office by Property Owner at Property Owner's
expense,
SECTION 11: EFFECTIVE DATE AND MODIFICATION OF AGREEMENT
The effective date of execution is as stated at the beginning of this Agreement, Except as
specified in Section 12, this Agreement shall not be modified except by written instrument
executed by City and Property Owner at the time of modification, Such modification shall be
effective upon the date of execution and shall be recorded,
SECTION 12: TERMINATION OF AGREEMENT
In the event that Springfield Common Council determines, in its sole discretion, that due to
budgetary or financial issue,S and constraints, City cannot continue to provide the services
described in Section 2,1, City may terminate this Agreement upon such a Resolution by
Springfield Common Council and the filing of such Resolution in the Lane County Recorder's
Office, Further, in the event of such a Resolution by City, Property Owner, Property Owner's
heirs, successors, and assigns and any Home Owner's Association shall be responsible for
fulfilling all requirements of Sections 2,1 and 2,2,
Date Received:
DEe 1 8 2009
Page 5 of 8
Original Submittpl
r
IN WITNESS WHEREOF., the named Property Owner(s) have hereunto set their hands and
seals, this _ day of , 2009, '
PRj>PERTY QWNER(S) ,
~/~, Vtf !?iivo/C-. k _ '
, , J ) I; / /
C)vL-/\ 1!C?~ ,1((
I
(SEAL)
(SEAL)
(SEAL) _'
(SEAL)
STATE OF OREGON
COUNTY OF
} 55
17;1; fI ,;;;
BE IT REMEMBERED that on this } -day of d/,;/('d))Ut,!.<, _2009 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within
named ' D' \
,~/?k" 1/), neue_I whose identitv
was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that ItJ e_
is/are the f5,.,." k- 1/ P of the within named Corporation and does acknowledge said
instrumeht to be the free act and deed of said Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that said instrument was signed ans! sealed in behalf of said
Corporation by authority of its,Board of Directors .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
lastabovew"it\!'Jl ~....'- ' 'dd_"--'~~~~l :; ~
.' IX' ---~.~ -' -- . . . t .'
OFFICIAL SEAL (,. /, / --j;. /" L
, ", JUDY FLETCHER ' //tU, _L;.,r~
18, NO, TAR,Y,P U, ,BL"I,C, ,OREGON , Notary 18 biic for,;Oregon
COMMISSION NO, 403508
,._,,_.~,_M~~2~~I~S1?~~~f:~~~~l!:~211.Q. , .J./ -10 -dO) 0
My Commission Expires
STATE OF OREGON'
COUNTY OF
} 55
BE IT REMEMBERED that on this
undersigned, a notary public in
, named
day of 2009 before me, the,
and for said County and State, personally appeared the wilhin
whose identitv
was proved tome on the basis of satisfactory evidence and who by me duly sworn, did say that
is/are the of the within named Corporation and does acknowiedge said
instrument to be the free act and deed o(said Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors '
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
last above written,
Notary Public for Oregon
My Commission Expires
Date Received:
Page 6 of 8
DEe 1 8 2009
Original Submittal
This conveyance set forth in this instrument conveying interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, is hereby approved and the interest conveyed
therein is hereby accepted,
CITY OF SPRINGFIELD
By:
Dan E, Brown, Public Works Director
Date
STATE OF OREGON
COUNTY OF
} 55
, BE IT REMEMBERED that on this day of ' 200Lbefore
me, thell11dersigned, a notary public in and for said County and State, personally appeared
the within named Dan E, Brown whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrlllllent and acknowledged to me that he executed the
same freely and voluntarily,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year last above written,
Notary Public for Oregon
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My Commission Expires
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Date Received:
DEe 1 8 2009
:Original Submittal
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Original Submittal
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EXHIBIT "e"
TRAC1"S" OF THE PLAT WESTWIND ESTATES RECORDED AS CSF NO,
FILE DATE , LANE COUNTY RECORDS,LOCATED IN THE CITY
OF SPRINGFIELD, LANE COUNTY, OREGON, '
PageS of S
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Date Received:
DEe 1 8 2009
Original Submittal
After Recording Return to:
Hayoen Homes, LLC
Attention: Tammy Harty
2464 SW Glacier Place, Suite 110
Redmond, Oregon 97756
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS
AND RESTRICTIONS FOR WESTWIND ESTATES
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR WESTWIND ESTATES (this "Declaration"), made effective upon its
recording in Lane County, Oregon, is executed on the date hereinafter set forth by HAYDEN
HOMES; LLC, an Oregon Limited Liability Company ("Declarant"),
WITNESSETH
Declarant is the owner of certain real property located in the City of Springfield, Lane
. ,
County, Oregon and more parti~ularly described on attached Exhibit A (the "ProDertv"); and
Declarant desires to develop the Property as a ,Class I planned community known as
WESTWIND ESTATES (the "Subdivision"), as shown on the duly recorded plat. The Subdivision
is subject to the Oregon Planned Community Act, being ORS 94,550 to 94,783,
NOW THEREFORE, the Declarant declares that the Property shall beheld, sold,
hypothecated, and conveyed subject to the covenants, conditions, and restrictions declared
below, which shall be deemed to be covenants running with the land and imposed on and
intended to benefit and burden each lot and other portions of the Property in order to maintain
within the Property a community of high standards, Such covenants shall be binding on all
parties having any right, title or interest therein or any part thereof, their respective heirs,
personal tepresentatives, successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE 1 - DEFINITIONS
1.1 "Act"
"Act" shall mean the Oregon Planned Community Act, being ORS 94,550 et seq" as
amended from time to time,
1.2 "Additional Property"
"Additional Property" shall mean any additional property annexed to the Subdivision and
made subject to the terms of this Declaration,
Date Received:
DEe 1 8 2009
I - Declaration of Protective Covenants, Conditions and Restrictions Original Submittal
PDXlIII5I31153678/RSB/5286350,2
L3. "Annual Assessments"
"Annual Assessments" shall mean Base Assessments, Reserve Account Assessments, and
any Specific Assessments which may be levied by the Association in each of its fiscal years
pursuant to the terms of Article 3,
1.4 "ARC'
"ARC" shall mean the architectural review committee established pursuant to the terms
of Section 7,\,
1.5 "Association"
"Association" shall mean the Westwind:Estates Homeowners Association, an Oregon
nonprofit corporation, established for the purposes set forth herein,
1.6 "Base Assessments"
"Base Assessments" shall mean the assessments imposed upon all Lots for services
rendered or expenses incurred by the Association pursuant to the terms of Section 3,2,
1.7 "Board"
"Board" shall mean the Board of Directors of the Association,
1.8 "Builder"
"Builder" shall mean any individual or company who purchases one or more Lots for the
purpose of constructing Units for resale to consumers in the ordinary course Of its business,
1.9 "Bylaws"
"Bvlaws" shall mean the Bylaws of the Association, as amended from time to time, The
Bylaws shall be adopted pursuant to ORS 94,625 and recorded in the Deed Records of Lane
County, Oregon, A copy of the Bylaws is attached as Exhibit 8,
1.-10 "City"
"City" shall mean the City of Springfield, Oregon,
, ,
1.11 "Common Areas"
"Common Areas" shall mean those portions of the Property owned or leased by the
Association for the common use and benefit of the Owners, The definition of "Common Areas"
specifically excludes Lots, The legal description of the Common Areas is set forth on attached
Exhibit C.
Date Received:
DEe 1 8 2009
2 - Declaration of Protective Covenants, Conditions and Restrictions
PDXl1115131t53678/RSB/5286350.2
Original Submittp'1
1.12 "Common Maintenance Areas"
"Common Maintenance Areas" shall mean the Common Areas, and shall also mean any
areas within public rights-ot:way or located on adjacent property that the Board is required to
maintain pursuant to the terms of this Declaration or which the Board deems necessary, desirable
or appropriate to maintain for the common benetit of the Owners,
1.13 "Conversion Date"
"Conversion Date" shall be the date upon which Class B membership shall cease and be
converted to Class A membership, Such date shall be the date which is the earlier of (i) the date
at which seventy-five percent (75%) of the total Lots anticipated to be created within the
, Subdivision have been conveyed to Class A members; (ii) ten (10) years after conveyance of the
tirst Lot to a Class A member; or (iii) upon written election of Declarant.
1.14 "Connty"
"Countv" shall mean Lane County, Oregon,
1.15 "Declarant"
"Declarant" shall mean Hayden Homes, LLC, an Oregon Limited Liability Company, its
successors and assigns, who are designated as such in writing by Declarant, and who consent in
writing to assume the duties and obligations ofthe Declarant with respect to the Lots acquired by
such successor or assign,
1.16 "Declaration"
"Declaration" shall mean this Declaration of Protective Covenants, Conditions, and
RestricticlDs for Westwind Estates and any amendments and supplements thereto made in
accordance with its terms,
1:17 "Design Guidelines"
"Desig:n Guidelines" shall mean the design guidelines adopted by the ARC pursuant to
Section 7,2, as amended or modified from time to time,
1.18 "Directors"
"Directors" shall mean the members of the Board,
1.19 "Governing Documents"
"Governing: Documents" shall mean this Declaration and the Article of Incorporation,
Bylaws and Rules and Regulations of the Association, all as may be amended from time to time,
Date Received:
DEe 1 8 2009
3 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/lllSI3/153678/RSB/5286350.2
Original Submittal
1.20 "Improvement"
"Imorovement" shall mean every structure or improvement of any kind, including, but
not limited to, a Unit, landscaping, patios, decks, fences and walls (including retaining walls),
driveways, sidewalks, fixtures, storage shelters, pools, hot tubs, athletic facilities or other
products of construction efforts (including painting, alterations, and reconstruction),
1.21 "Lot"
"Lot" shall mean the plots of land indicated as such on the Plat. The term "Lot"
specificaily excludes Common Areas,
1.22 "Mortgagee"
"Mortllallee" shall mean the holder of any recorded mortgage, or the party secured or
beneficiary of any recorded deed of trust, encumbering one or more of the Lots, "Mortllalle," as
used herein, shall include deeds of trust. "First Mortllallee" as used herein, shall mean a holder of
a mortgage with priority over other mortgages, As used in this Declaration, the term
"Mortgagee" shall mean any mortgagee and shall not be limited to institutional mortgagees, As
used in this Declaration, the term "institutional mortgagee" or "institutional holder" shall include
banks, trust companies, insurance companies, mortgage insurance companies, savings and loan
associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies,
Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all
corporations and any agency or department of the United States Government or of any state or
municipal government. As used in this Declaration, the term "holder" or "mortgagee" shall
include the parties secured by any deed of trust or any beneficiary thereof.
1.23 "Owner"
"Owner" shall mean the record owner, whether one or more persons or entities, of fee
simple title to any Lot, including contract sellers, but excluding those having an interest merely
as security for the performance of an obligation,
1.24 "Plat"
"Plat" shall mean the duly recorded plat,of Westwind Estates recorded in the plat records
of Lane County, Oregon contemporaneously herewith,
1.25 "Property"
"Prooertv" shall mean the real property described on the attached Exhibit A, plus such
Addition!!l Property as may be made subject to this Declaration, but excluding any real property
removed ,from the jurisdiction of this Declaration,
Date Received:
DEe 1 8 2009
4 - Declaration of Protective Covenants, Conditions and Restrictions
PDXIlI 15131l53678/RSB/5286350.2
Original Submittal
1.26 "Reserve Account Assessments"
"Reserve Account Assessments" shall mean assessments established pursuant to the
terms of Section 3.3,
1.27 "Rules and Regulations"
"Rules and Regulations" shall mean the rules and regulations adopted by the Association
from time to time in accordance with Article 12 of the Bylaws,
1.28 "Special Assessments"
"Soecial Assessments" shall mean any special charges established pursuant to the terms
of Section 3,5,
1:29 "Specific Assessments"
"Soecific Assessments" shall mean the charges imposed upon some, but less than, all
Lots for services rendered or expenses' incurred pursuant to Section 3.4,
L30 "Stormwater Maintenance Agreement"
"Stormwater Maintenance Agreement" shall mean that certain City of Springfield
Stormwater Treatment Facilities Operation and Maintenance Agreement and Grant of Easement
between the City and Declarant, recorded in the Public Records for Lane County, Oregon, which
concerns maintenance of the stormwater management facilities located on Tract B, Westwind
Estates,
1131 "Subdivision"
"Subdivision" shall mean Westwind Estates, as the same may be modified, expanded or
contracted pursuant to the terms of this Declaration,
1.32 "Transitional Advisory Committee"
"Transitional Advisorv Committee" shall mean the committee described in Section 4,2 of
the Bylaws,
1.33
"Turnover Meetino"
, ..
"Turnover Meeting" shall mean the meeting of the Owners called to turn over control of
the Association to the Class Ainembers, as further described in the Bylaws,
1.34 "Unit"
"Unit" shall mean any residential dwelling situated on a Lot intended for occupancy by a
single family including, without limitation, a single family home,
Date Received:
ARTICLE 2-ASSOCIATION
DEe 1 8 2009
5 - Declaration of Protective Covenants, Conditions and Restrictions
POX/1115 t3!15J678/RSB/5286350,2
Original Submittal
,2.1 Membetshin, The Declarant and every other Owner of a Lot by virtue of
ownership of such Lot shall be a member of the Association, Membership in the Association
shall be appurtenant to and shall not be separated from ownership of any Lot. Transfer of
ownership ofa Lot shall automatically transfer membership in the Association, Without any
other actor acknowledgment, Owners shall be governed and controlled by the Governing
Documents, There shall be two (2) classes of membership in the Association, Class A and Class
B as described in Section 2,2,
2.2 V otin!! Ri!!hts, The Association shall have two (2) classes of voting
membership:
2,2: I Class A
Class A members shall be all Owners with the exception of Declarant (provided
that Declarant shall become a Class A member from and after the Turnover Date) and shall be
entitled to one (1) vote for each Lot owned, When more than one (I) person holds an interest in
any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they
among themselves determine, and in no event shall more than one (I) vote be cast with respect to
any Lot. If the co-Owners of a Lot cannot agree upon the vote, the vote of the Lot shaH be
disregarded. in determining the,proportion of votes with respect to the particular matter at issue,
2,2,2 Class B
The Class B member shall be the Declarant, who shall be entitled to three (3)
votes for each Lot it owns, The Class B membership shall terminate and become converted to
Class A membership on the Conversion Date,
2,.3 Susnension, All voting rights of an Owner shaH be'suspended during any period
in which.such Owner is delinquent in the payment of any assessment duly established pursuant
to Article 3 or is otherwise in default under the Governing Documents, The Board may also
suspend an Owner's rights to use the Common Areas during such period of default.
ARTICLE 3- ASSOCIATION FINANCES
3;1 Budl!etinl!.
3,l.! At least sixty (60) days before the beginning of each fiscal year, the
Board shall prepare' a budget of the estimated operating expenses of the Association for the
coming year, The estimated expenses in the budget shall include, in addition to operating
reserves",a contribution to the Reserve Account determined in accordance with the terms of
Section 3,3 below, The budget shall also reflect the sources and estimated amounts of funds to
cover such expenses, which may include any surplus to be applied from prior years, any income
expected from sources other than assessments levied against the Lots, and the amount estimated
to be generated through the levy of assessments against Lots, Finally, the budget shall
differentiate between expenses applicable to all Lots versus expenses applicable to some, but not
all, Lots,
Date Received:
DEe 1 8 2009
6 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/t 115 t31l53678/RSB/5286350,2
Original Submittal
Estimated operating expenses and Reserve Account Assessments applicable to all
Lots shall be 'allocated among such Lots as Base Assessments pursuant to Section 3.2 below,
while estimated operating expenses and Reserve Account Assessments applicable to some, but
not all Lots, shall be allocated among the affected Lots as Specific Assessments pursuant to
Section 3.4 below,
3,1.2 The Board shall send a copy of the final budget, together with notice
of the amount of the Base Assessment and Specific Assessment to be levied pursuant'to the
budget, to each Owner within thirty (30) days after the adopting the budget. The budget shall
automatically become effective unless disapproved by the vote ofa majority of the Class A
Members,
The Association has no obligation to call a meeting for purposes of considering
the budget, but the Owners may call a special meeting for such purposes as provided in the
Bylaws, If imy proposed budget is disapproved or the Board fails for any reason to determine the
budget for any year, then the budget most recently in effect shall continue in effect until,a new
budget is determined, '
3,1.3 The Board may revise'the budget and adjust the assessments levied
pursuantthereto from time to time during the year, subject to the same notice and right to
disapprove the revised budget asset forth above,
3.2 Base Assessments. Upon determining the total amount of income required to be
generated through the levy of Base Assessments as provided in Section 3,1, the Association shall
allocate such amount equally among all Lots subject to assessment (as determined by Section 3,7
below) on the effective date of the budget. The amount allocated to each Lot shall then be levied
as a Base Assessment.
Declarant may, but is not obligated to, reduce the Base Assessment for any fiscal
year by payment of a subsidy, which may be either a contribution, an advance against future
assessments due from Declarant, or a loan, as determined by Declarant in its sole discretion, ,
Any such subsidy shall be disclosed as a line item iri the income portion of the budget. Payment
of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in
future years, unless otherwise provided in a written agreement between the Association and
Declarant.
33 Reolacement ReserveAssessments.
3.3,1 Asa part of any Annual Assessment the Board shall obtain from
Owners contributions for a reserve account (the "Reserve Account") established for all items of
property"included within the Common Maintenance Areas which will normally require major
maintemince, repair or replacement, in whole or in part, in more than one (I) and less than thirty
(30) years, for exterior painting (if the Common Maintenance Areas includes exterior painted
surfaces), and for other items, whether are not included within the definition of Common
Mainten~nce Areas if the Association has responsibility to maintain; provided, however, that the
Reserve Account need not include items that could reasonably be funded from Base Assessments
or Specific Assessments or other funds or accounts of the Association, or items f9-C w.hic.h.the, d
uate KeCelVe :
7 ~ Declaration of Protective Covenants, Conditions and Restrictions'
PDXllI 1513/153678/RSB/5286350,2 '
DEe 1 8 2009
Original Submitt"'l
Owners (and not the Association) are responsible for maintenance, repair and replacement under
the terms of the Governing Documents,
3,3,2 ,The Declarant shall conduct an initial reserve study (a "Reserve
Studv") and initial maintenance plan (a "Maintenance Plan") to determine the Reserve Account
requirements, The Reserve Study shall include: (a) identification of all items for which reserves
are or will be established; (b) include the estimated remaining useful life of each item as of the
date of the Reserve Study; and (c) include for each item, as applicable, an estimated cost of
maintenance, repair and replacement at the end of the item's useful life, The Maintenance Plan
shall: (i) describe the maintenance, repair and replacement to be conducted; (ii) include a
schedule 'for the maintenance, repair and replacement; (iii) be appropriate to the size and
complexity of maintenance, repair and replacement responsibility; and (iv) address issues that
include, but are not limited to, warranties and the useful life of the items for which the
Association has maintenance, repair and replacement resporisibility, The Board shall thereafter
conduct an annual Reserve Study or review and update an existing Reserve Study to determine
the Reserve Account requirements, The Board shall also review and update the Maintenance
Plan as necessary,
3,3,3 Contributions to the Reserve Account ("Reserve Account
Assessments") shall be in an amount (i) initially determined by Declarant based upon the results
of the initial Reserve Study or other reliable information and (ii) thereafter by the Board from
time to time based on the results of the annual Reserve Study (or review and update of an
existing Reserve Study), Reserve Account Assessments shall be allocated to Lots pursuant to
Section 3,2 (Base Assessments) and Section 3.4 (Specific Assessments) of this Declaration, as
applicable, and shall be paid to the Association'monthly, quarterly or annually as determined by
the Board,
Reserve Account Assessments paid into the Reserve Account are the
property of the Association and are not refundable to sellers or Owners of Lots, The Reserve
Account must be a separate account holding only Reserve Account Assessments and other funds
intended. to be used for the same purpose maintained a federally insured bankor other depository
institution with branches in Oregon, and any funds in the Reserve Account may be expended
only for the purposes for which the Reserve Account was established as described above,
3.3.4 After the Turnover Meeting, the Board may borrow funds from the
Reserve Account to meet high seasonal demands on the Association's regular operating fund or
to meet unexpected increases in expenses ifthe'Board has adopted a resolution, which may be an
annual cgntinuing resolution, authorizing the borrowing of such funds, Not later than the
adoption of the budget for the following year, the Board shall adopt by resolution a written
payment plan providing for repayment ofthe borrowed funds within a reasonable period of time,
3.3,5 At any time after the second (2nd) year after the Turnover Meeting,
future replacement reserve assessments for the Reserve Account may be increased or reduced by
the vote of Owners of Lots representing seventy-five (75')10) of the Owners,
3.3,6 Nothing in this Section 3.3 prohibits the prudent investment of
Reserve Account funds, subject to any constraints imposed by the Board or the Governing
Documents,
Date Received:
8 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlI 115 t3/153678/RSB/5286350,2
DEe 1 8 2009
Oriainal submittal
3A Snecific Assessments. The Association shall have the authority to levy
assessments to satisfy the expenses of undertaking a particular project or effort that benefit some,
but less than all, of the Lots (such assessments, "Soecitic Assessments"), Specific Assessments
shall be allocated equally against the Owners of those Lots that benefit from the project, effort or
other specific undertaking by the Association, unless the Association, in its reasonable discretion
determines another method of apportionment more accurately retlects the benefit received by
such Owners,
3.5 Snecial Assessments. In addition to the BaseAssessments authorized above, the
Board may levy "SDecial Assessments" against an Owner or all Owners in the following manner
for the following purposes:
(a) To correct a deficit in the operating budget, by vote ofa majority of the
Board;
(b)' To collect additional amounts necessary to make repairs or renovations to
the Common Areas or Common Maintenance Areas if sufficient funds are not available from the
operating budget or Reserve Account, by vote of a majority of the Board; and
(c) To make capital acquisitions, additions or improvements, by vote of
Owners holding at least sixty percent (60%) of the voting rights of the Association,
Special Assessments shall be imposed against all Lots in the same proportion as Base
Assessments as provided in Section 3,2 above"
3;6 Reimbursement Assessments. The Association shall have the authority to levy a
reimburs,ement assessment (each, a "Reimbursement Assessment")against any Owner and such
Owner's Lot if (a) a failure to comply with this Declaration or the other Governing Documents
has necessitated an expenditure of monies by the Association to effect compliance or resulted in
the imposition ofa tine or penalty against such Owner or such Owner's Lot; or (b) corrective
action of the Association has necessitated an expenditure of monies by the Association as a result
of the willful or negligent actions or omissions of such Owner or such Owner's family members,
tenants, guests, contractors or invitees, A Reimbursement Assessment, together with interest,
costs, and reasonable attorney's fees, shall be due and payable to the Association when levied, A
ReimbursementAssessment shall not be levied by the Association except on at least ten (10)
days' prior written notice to the Owner being assessed, If, within said ten (10) day period, the
Owner makes a written request to the Board for a hearing, a hearing shall be held, On request for
a hearing, the Board shall conduct the hearing not less than ten (10) nor more than thirty (30)
days after the request by the Owner, and shall make its decision within thirty (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 failure to appear) for the violation resulting in the
Reimbursement Assessment, no additional notice and hearing is required before levying the
Reimbursement Assessment.
3~7 Commencement of Assessments.
3,7,[ Base Assessments and SDecitic Assessments, Declarant shall pay all
operating expenses of the Association until the Lots are assessed for Base Assess~ems and . d
' Uale KeCelVe ;
9 - Declaration of Protective Covenants, Conditions ,and Restrictions
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Original Submittal
Specific Assessments as provided herein, The date of commencement of Base Assessments and
Speciiic Assessments on the Lots (excluding any Lots owned by Declarant or a Builder, which
shall be exempt as provided below) shall be determined by Declarant; however, in no event shall
it commence later than the Turnover Meeting or if no Turnover Meeting is held, the date on
which administration of the Association is turned over to the Class A Members,
Once the Lots are assessed for Base Assessments and Specific Assessments as
provided above, any Lot owned by Declarant, a successor declarant or a Builder is exempt from
the payment of Base Assessments and Specific Assessments; Base Assessments and Specific
Assessments shall commence as to a Lot owned by Declarant, a successor declarant or a Builder
as of the date such Lot is conveyed to an Owner other than Declarant, a successor declarant or a
Builder.
3,7,2 Reserve Account Assessments, Reserve Account Assessments
commence as to a Lot as of the date Declarant, a successor declarant or a Builder (as applicable)
conveys the Lot to an Owner other than Declarant, a successor declarant or a Builder; Declarant,
a successor declarant and a Builder are exempt from, the payment of Reserve Account
Assessments,
3,7.3 All Other Assessments, Special Assessments and Reimbursement
Assessments shall commence as to a Lot as of the date Declarant, a successor declarant or a
Builder (as applicable) conveys the Lot to an Owner other than Declarant, a successor declarant
ora Builder; Declarant, a successor declarant and a Builder are exempt from the payment of
Special Assessments and Reimbursement Assessments,
3.8 Obli!!:ation for Assessments. Each Owner, by accepting a deed for his, her or
their Lot, is deemed to covenant and agree to pay all assessments authorized in this Declaration
or other Governing Documents, All assessments, together with interest, fines and late charges as
determined by Board resolution, and collection costs (including reasonable attorneys' fees), shall
be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon
transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and
other charges due at the time of conveyance, The Association may sue any person liable for
unpaid assessments and other charges authorized hereunder without foreclosing or waiving the
lien securing the same,
Failure of the Board to fix assessment amounts or rates or to deliver or mail each
Owner an assessment notice shall not be deemed a waiver, modiiication or release of any Owner
from the obligation to pay assessments, In such event, each Owner shall continue to pay Annual
Assessments on the basis of the last year for which an assessment was made, if any, until a new
budget becomes effective and a new assessment is levied pursuant thereto, Any such budget
may include as an expense item any shortfall in amounts previously collected,
No Owner may exempt himself from liability for assessments by non-use ofthe
Common Areas, abandonment of his or her Lot, or any other means, The obligation to pay
assessments is a separate and independent covenant on the part of each Owner. No diminution
or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the
Association or Board to take some action or perform some function required of it, or for
Date Received:
lO - Declaration of Protective Covenants, Conditions and Restrictions
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DEe 1 8 2009
Original Submittal
inconvenience or discomfort-arising from the making of repairs or improvements, or from any
other action it takes,
3.9 Lien for Assessments. The Association shall have a lien against each Lot to
secure payment of delinquent assessments, as well as interest, fines and late charges as
determined by Board resolution, and collection costs (including reasonable attorneys' fees),
. ,
Such lien shall be superior to all other liens, except (a) liens for real estate taxes and assessments
and other levies which by law would be superior; and (b) the lien of any recorded first Mortgage
made in good faith and for value, Such lien, when delinquent, may be foreclosed as provided in
ORS 94:709 after the Association records a notice of lien containing the information required by
and otheIwise complying with the requirements ofORS 94,709 (2) and (3) in the deed records
for Lane County, Oregon,
The Association may bid for the Lot at the foreclosure sale and acquire, hold, '.
lease, mortgage and convey the Lot. While a Lot is owned by the Association following
forecloslue: (a) no right to vote shall be exercised on its behalf; (b) no assessments shall be
levied on it; and (c) each other Lot shall be charged, in addition to usual assessments, its pro rata
share of the assessments that would have been charged to such Lot had it not been acquired by
the Association,
Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot
from the lien for any subsequent assessments, However, the sale or transfer of any Lot pursuant
to foreclosure of a First Mortgage or, any proceeding in lieu thereof for the benefit of any First
Mortgagee shall extinguish the lien of such assessments as to payments which became due prior
to such sale or transfer. No sale or transfer shall relieve such Lot from liability as to any
assessments thereafter becoming due,or trom the lien thereof. Notwithstanding the foregoing, no
sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof
for the benetit of any First Mortgagee shall be deemed to'extinguish any mortgage or lien which
the Association has itself placed upon any property owned by the Association,
3:10 Interest: Late Fees: Fines. The Board, in its reasonable discretion, may from
time to time adopt resolutions to set the rate of interest and to impose late fees and fines on
delinquent assessments or for violations, of the provisions of this Declaration or other Governing
Documents as permitted by and subject to the requirements ofORS 94.630(l)(n), The adoption
of such impositions by the Board shall be communicated to all Owners in writing not less than
thirty (30) days before the effective date by a notice mailed to the address ofthe Owners as
contained in the records of the Association, Such impositions shall be considered assessments
that are lienable and collectible in the same manner as any other assessments; provided, however,
that tines (but not interest or late fees) for violation of this Declaration or other Governing
Documents may not be imposed against an' Owner or such Owner's Lot until 'the Owner is given
an opportunity for a hearing as required by ORS 94,630(1 )(n),
3.11 Acceleration of Assessments. Ifan Owner is delinquent in payment of any
assessment or installment on any assessment, the Association, on not less than ten (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,
Date Received:
II - Declaration of Protective Covenants, Conditions and Restrictions
POX/IllS t3/m678/RSB/S2863S0.2
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Original Submittal
3.12 Certificate"of Payment. The Association shall provide, within ten (10) business
days of receipt ofa written request from an Owner, a certificate signed by an otlicer of the
Association setting forth (i) the amount of assessments due from the Owner and unpaid at the
time the request is received, including Annual Assessments and all other assessments authorized
in this Declaration, late fees, interest, fines and other charges, (ii) the percentage rate at which
interest accrues on assessments that are not paid when due, and (iii) the percentage rate used to
calculate the charges for late payments; provided, however, that the Association is not required
to comply with the foregoing if the Association has commenced litigation by filing a complaint
against an Owner and the litigation is pending when the certificate would otherwise be due, A
properly executed certificate of the Association shall be binding upon the Association as of the
date of its issuance as to the status of assessments on a Lot.
3.13 Reallocation Unon Annexation of Additional PrODertv. When Additional
Property is annexed to the Subdivision, the Association shall, within sixty (60) days after the
annexation, recompute the budget based upon the additional Lots, Common Areas and Common
Maintenilnce Areas and recompute all applicabl,e assessments for each Lot. Newly annexed Lots
shall be $ubject to assessment from the time of annexation of such Lots to the Subdivision,
unless a later date is provided in this Article 3, The Association shall send notice of any
applicable assessment to the Owners of newly annexed Lots not later than sixty (60) days after
the annexation or with the next occurring Annual Assessment, whichever is sooner. Assessments
shall be due and payable on or before a date setJorth in the notice which shall be not less than
thirty (30) days after the date the notice is mailed or at such other time or times as the
Association may specify in the notice in accordance with this Declaration or the Bylaws, If
Additional Property is annexed to the Subdivision during the Association's fiscal year, the
Association shall send notice of and shall collect adjustments to assessments for Lots which were
within the Subdivision prior to the annexation, Notice of the adjustment in the assessments shall
be sent to such Owners not later than sixty (60) days after the annexation or with the next
occurring Annual Assessment, whichever is sooner. To the extent that any adjustment results in a
credit with respect to assessments payable by an Owner, such credit shall be applied toward the
next occurring payment or payments of the applicable assessment.
3.14 No Reimbursement to Declarant. The proceeds of any assessments shall not be
used to reimburse'Declarant for any capital expenditures incurred in construction or other
improvements of Common Areas or Common Maintenance Areas, nor for the operation or
maintenance of such facilities incurred before conveyance of such common facilities to the
Association,
ARTICLE 4 -- EASEMENTS AND RIGHTS OF ENTRY
4.1 Plat Easements. The Property shall be subject to all easements delineated on the
Plat.
, 4.2 Owners' Easements in Common Areas. Declarant grants to each Owner a
perpetual, nonexclusive right and easement of use, access and enjoyment in and to the Common
Areas, subject to the restrictions and limitations set forth in this Article and elsewhere in this
Declaration,
Date Received:
DEe 1 8 2009
12 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlt 11513/t53678/RSB/5286350,2 Original Submittal
4.3 Easement of Encroachment. Declarant grants reciprocal appurtenant easements
of encroachments, and for maintenance and use of any permitted encroachment, between each
Lot and any adjacent Common Areas and between adjacent Lots due to unintentional placement
or settling or shifting of improvements constructed, reconstructed or altered thereon (in
accordance with the terms of this Declaration) to a distance of not more the three (3) feet, as ,
measured from any point on the common boundary along a line perpendicular to such boundary,
In no event, however, shall an easement for encroachment exist if such encroachment occurred
due willful and knowing conduct on the part of, or with the knowledge and consent of, the
person claiming the benefit of such easement.
4:4 Easements for Utilities. Etc.
4'.4,1 Declarant reserves for itself and the Association, for the benefit of the
Property'and any Additional Property, perpetual, no'nexclusive blanket easements upon, across,
over and under the Property and Additional Property for purposes of ingress, egress, installation,
maintenance, repair and replacement of utilities and infrastructure; cable and other systems for
sending and receiving data and/or other electronic signals; security and similar systems;
walkways, pathways and trails; storm water drainage systems; irrigation systems; sanitary sewer
systems;' street lights; signage; and entry features; provided, however, that the exercise of these
easements does not unreasonably interfere with the use of any Lot. Declarant further reserves for
itself and the Association the right to grant the benefit of any such easements to the City and
other utility service providers, '
4.4,2 Declarant also reserves for itself and the Association the nonexclusive
right and power to grant and record such specific easements over the Property and Additional
Property as may be necessary, in the sole discretion of Declarant or the Association, to exercise
the rights and easements granted by the preceding paragraph, The Owner of any Lot to be
burdened by any easement granted pursuant to this Section 4.4 shall be given advance written
notice of the grant, and the location of the easement on such Lot shall be subject to the written
approvaiofthe Owner (which shall not be unreasonably withheld, delayed or conditioned);
provided; however, that an Owner shall be deemed to have consented to the location of an
easement on his or her Lot if the Owner has not responded to a written request within thirty (30)
days after such request was mailed to the Owner's address on record with the Association,
4.4,3 All work associated with the exercise ofthe easements described in
this Section 4.4 shall be performed in such a manner as to minimize interference with the use and
enjoyment ofthe property burdened by the easement. Upon completion of the work; the person
exercising the easement shall restore the property, to the extent reasonably possible, to its
condition prior to commencement of the work, except for any improvements placed within utility
easements in violation of the terms of this Declaration, The exercise ofthese easements shall not
extend to permitting entry into any Unit without the Owner's consent, nor shall it unreasonably
interfere with the use of any Lot by the Owner thereof, Except in an emergency, entry onto any
Lot shall be made only after reasonable notice to the Owner or occupant.
4.5 Easements to Serve Additional ProDertv. Declarant hereby reserves for itself
and its duly authorized agents, successors and assigns a perpetual, nonexclusive easement over
the Common Areas for purposes of enjoyment, use, access and development of any property now
or hereafter owned by Declarant adjacent to or near the Property, whether or not ~ch prj;lJlerty js
uate KeCelVed:
13 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/IllS13/153678/RSB/5286350.2
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Original Submilt""
made subject to this Declaration, This easement includes, but is not limited to, a right of ingress
and egress over the Common Areas for construction and use of roads, sidewalks and walking
paths and for connecting and installing any and all utilities on such property,
Declarant agrees that it and its duly authorized agents, successors and assigns
shall be responsible for any damage caused to the Common Areas as a result of their respective
actions in connection with development of such property, Declarant further agrees that if the
easement is exercised for permanent access to such property and such property or any portion
thereof benefiting from such easement is not made subject to this Declaration, Declarant, its
successors or assigns shall enter into a reasonable agreement with the Association to share the
cost of any maintenance which the Association provides to or along any roadway, sidewalk or
walkway providing access to such property, '
4;6 Easements for Maintenance. Emerl!eIicv and Enforcement. Declarant grants
to the Association easements over the Property and Additional Property as necessary to enable
the Association to fulfill its maintenance responsibilities under this Declaration, The Association
shall also have the right, but not the obligation, to enter upon any Lot for emergency, security
and safety reasons to perform maintenance and'to inspect for the purpose of ensuring compliance
with and enforce the terms of this Declaration and the other Governing Documents, Any such
right may be exercised by any member of the Board and,its duly authorized agents and assignees,
and all emergency personnel in performance of their duties, Except in an emergency situation,
entry onto a Lot shall only be during reasonable hours and after notice to the Owner.
4:7 Easement to Insoect and Ril!ht to Correct. Declarant reserves for itself and
others it may designate the right to inspect, monitor, test, redesign and correct any structure,
improvement or condition (including, but not limited to, drainage issues) which may exist on any
portion of the Property and Additional Property, and a perpetual, nonexclusive easement of
access throughout the Property and Additional Property to the extent reasonably necessary to
exercise such right. Except in an emergency situation, entry onto a Lot shall only be during
reasonable hours and after notice to the Owner; provided, however, that no entry into a Unit is
permitted without the consent of the Owner. The person exercising these easements shall
promptly repair any resulting damage,
4:8 Perimeter Fence Easement. An easement is hereby declared tor the benefit of
the Declarant and the Association for the construction, maintenance, repair arid replacement of
fencing along the perimeter of the Property, whether or not such fencing is located on the
Common Areas or Lots, Declarant, however, is under no obligation to construct any perimeter
fencing, Any perimeter fencing constructed by Declarant shall be maintained by the Association
as a,Common Maintenance Area,
4.9 Retaininl! Wali Easement. Retaining walls may have been constructed by
Declarant within the Property (the "Retainim! Walls"), The Retaining Walls are not in all cases
located on a Lot line, The location ofa Retaining Wall (or the construction by an Owner of any
improvements on or near the Retaining Wall) shall not constitute evidence of the intended
location of a Lot line, or provide grounds for any claim of adverse possession or prescriptive
easement, Each Lot upon which any portion of a Retaining Wall is located shall be subject to an
easement, for the benefit ofthe Association and all other Lots, for the purposes of support by and
natural drainage from such Retaining Wall. Retaining Walls mayor may not have been designed
Date Received:
, 14 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlII1513/153678/RSB/5286350,2
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Oriainal SubmittaL
by'a professional engineer, and no Owner shall,take any action to add, construct or place any
improvement on the Lot so that it may, in the judgment of the Association: result in disturbance
of, weakening of: or damage to the Retaining Walls; increase any engineered load or alter design
criteria; or cause damage to the wall and surrounding properties, Any Lot Owner who takes such
action, or who otherwise damages a Retaining Wall, shall be responsible for all resulting costs of
repair and restoration of the Retaining Wall. This Section 4,9 shall not apply to retaining walls
constructed by an OWner on its own Lot.
4.10 ~necialDeclarant Easements. Declarant reserves for itself and its duly
authorized agents, successors and assigns, perpetual, nonexclusive easements on, over and across
the Common Areas for purposes of (a) constructing and maintaining such facilities and activities
as Declarant, in its sole discretion, deems necessary or convenient to the sale of Lots and Units,
including, but not limited to, business offices, signs, model units and sales oftices; (b)
constructing and maintaining Common Areas, including any structures thereon; and (c) storing
materials and making such other use thereof as Declarant, in its sole discretion, deems necessary
or convenient to the construction of Units and other structures on the Property or Additional
Property (provided that no such storage or other use shall unreasonably interfere with access to,
or the use, occupancy and enjoyment of, any Lot), Declarant shall also have easements for
access to and use of such facilities at no charge,
ARTICLE 5 -- COMMON AREAS
5.1 Use of Common Areas. Every Owner shall have a right to use and enjoy the
Common Areas, subject to:
(a) The terms of this Declaration as it may be amended from time to time and
any restrictions or limitations contained in any deed conveying the Common Areas to the
Association;
(b) The Board's Right to:
(i) adopt, promulgate, enforce and amend from time to time
the Rule~ and Regulations pertaining to the use and enjoyment of the Common Areas, including
rules and regulations limiting the number of guests of Owners who may use the'Common Areas
at anyone time;
(ii) suspend the right of an Owner, after notice and an
opportunity for a hearing, to use all or any portion of the Common Areas (A) for any period not
to exceed thirty (30) days for a single violation, or for a longer period in the case of any
continuing violation of this Declaration or the Bylaws or Rules and Regulations; and (B) for any
period during which any assessments or any other charges for such Owner's Lot remains
delinquent;
(iii) grant easements and dedicate or transfer all or any part of
the Common Areas pursuant to Sections 4.4 and 5,2;
Date Received:
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(iv) mortgage, pledge or hypothecate any or all of its real or
personal property as security for money borrowed or debts incurred, subject to the approval
requirements set forth in Section 5.2;
(v) impose reasonable membership requirements and charge
reasonable admission or other use fees for the use of any recreational facility situated upon the
Common Areas that is not open or available to the general public; and
(vi) permit use of any recreational facilities situated on the
Common Areas by persons other than Owners, their families, lessees and guests upon payment
of use fees established by the Board;
(c) All easements granted or reserved by Declarant in this Declaration, and all
easements subsequently granted or reserved by' Declarant pursuant to a right granted or reserved
in this Declaration,
An Owner who resides in a Unit may extend his or her right to use and enjoyment
of the Cqmmon Areas to the other members of his or her household and to guests, subject to the
terms ofthis Declaration and the Rules and Regulations, If an Owner does not reside athis or
her Unit"then the Owner shall be deemed to have assigned all of the Owner's rights to use and
enjoyment of the Common Areas to residents or occupants of such Unit, subject to the terms of
this Declaration and the Bylaws and Rules and Regulations,
No Owner shall make any change to any Improvement or landscaping upon the
Common Areas, or decorate, alter or repair any'part of the Common Areas (except for
maintenance of those parts of the Common Areas which the Owner has the duty to maintain, if
any), without the prior written consent of the Association,
5;2 Alienation of Common Areas. As provided in ORS 94,665, the Association
may sell, dedicate, transfer, grant a security interest in, or grant an easement for installation or
maintenance of utilities or for similar purposes with respect to any portion of the Common
Areas, Except for gr<jnts of easements for utility-related purposes under Section 4.4 above or for
the conveyance of Tract C, Westwind Estates to a conservation organization or governmental
authority under Section 12.4 below, no such sale, dedication, transfer or grant of a security
interest shall be eHective unless approved by eighty percent (80%) ofthe votes of both Class A
and Class B members, or eighty percent (80%) of the votes of Class A members once Declarant
has relinquished its Class B membership interests, Any sale of portions of the Common Area that
include public, trails or walking paths shall be made subject to reserved easements in favor of the
pubic over such trails and walking paths,
53 Conversion of Lots to Common Areas. Declarant may elect to build common
facilities.on one or more Lots and designate such Lots as Common Areas by amending this
Declaration, Such amendment to this Declaration shall be executed by Declarant and bear a
certificate of the President or Secretary of the Association reciting that the holders ofa majority
of the voting rights in the Association have approved such conversion to Common Areas,
5.4 No Partition. There shall be no judicial partition of the Common Areas, Each
Owner, whether by deed, gift, devise, or operation of law, for such Owner's benefit and for the
, Date Received:
16 - Declaration of Protective Covenants, Conditions and Restrictions
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Original Submittal
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 Areas and agrees that no action for
judicial partition shall be instituted, prosecuted, or reduced to judgment.
5.5 Title to Common, Areas. Declarant shall convey to the Association fee simple
title to the Common Areas, free and clear of monetary liens, no later than the date of the
Turnover Meeting, and the Association shall unconditionally accept fee title to the Common
Areas from Declarant on such date,
5.6 Dama!!e or Destruction Bv Owner. If damage to any Common Areas or
Common Maintenance Areas is directly attributable to an Owner or the family members,
invitees, licensee, or guest of an Owner, then that Owner shall repair such damage or destruction
as soon as reasonably practicable, but in no event later than fifteen (15) days after the date the
damage occurred, at his or her sole expense and without a right of reimbursement. If an Owner
fails to repair such damage timely, the Association shall have all rights of enforcement and
remedies set forth under this Declaration,
ARTICLE 6 -- MAINTENANCE
6.1 Maintenance bv Association. The Association shall maintain and keep the
Common Maintenance Areas in a clean and attractive condition and in good repair, such
maintenance to be funded by Annual Assessments as provided in this Declaration, This
maintenance,shall include, but need not be limited to, maintenance, repair and replacement
(subject to any insurance then in effect) of the following:
, '
(a) all landscape plantings, trees and lawn areas (including irrigation
thereof) located on the Common Areas, which shall include, but is not limited to, removal and
replacement of dead or dying trees and other landscaping to ensure compliance with the
approved landscaping plan (but subject to the terms of Section 11,2);
(b) all sidewalks, trails, waiking paths and pedestrian/bicycle paths
located on the Common Areas;
(c) all monument entry signs and features for the Subdivision within
or adjacent to the Property;
(d) the stormwater conveyance and detention systems serving the
Subdivision (including, but not limited to, the stormwater detention pond on Tract B), except for
any drainage swales located on Lots or those f~cilities maintained by the City pursuant to the
Stormwater Maintenance Agreement;
(e) any perimeter fencing constructed by Declarant (although
Declarant has no obligation to construct any perimeter fencing);
(f) all other structures and Improvements situated in or on the
Common Areas, unless maintenance thereof is delegated to the Owners under the terms of this
Declaration or handled by the City, County or other municipal or quasi-municipal authority,
Date Received:
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PDXll1 15131153678IRSBI5286350.2
DEe 1 8 2009
Original Submittal
The Association may also maintain other property which it does not own and is
, not required to maintain ifthe Board determines, in its discretion, that such maintenance is
necessary or desirable, Such areas shall become part of the Common Maintenance Areas upon
approval. by the Board,
6,2 Maintenance bv Owner. Each Owner shall at all times keep his or her Lot and
Unit (including all Improvements and all landscape plantings, trees and lawn area located on his
or her Lot) in a clean and attractive condition, in good repair, and in compliance with all
applicable covenants and municipal ordinances, unless such maintenance responsibility is
otherwise assumed by or assigned to the Association pursuant to Section 6,\ above or any other
provisions of this Declaration,
Each Owner shall also be responsible for maintaining the landscape plantings, trees and
lawn area (including irrigation thereof) within the public right-of-way adjacent to his or her Lot
to the edge ofthe'sidewalk; provided, however, that there shall be no right to remove trees,
, shrubs or similar landscaping from this area without the prior written consent of the Association
and compliance with the terms of Section 11,2 and any applicable zoning ordinances,
Responsibility for maintenance oflandscape plantings, trees and lawn areas as required
by the preceding paragraphs shall include responsibility for watering the same as needed to
maintain'them in a healthy condition, free from weeds and other noxious plant materials, and not
permitting grasses to exceed four inches (4") in' height. It shall also include responsibility for
removal imd replacement of diseased or dead trees, shrubs and other landscaping, subject to
obtaining any required tree removal permit from the City or County,
If any Owner fails to properly perform liis or her maintenance responsibility, the
Association may, but is not obligated to, perform such maintenance responsibilities on behalf of
such Owner and assess the Owner for a Reimbursement Assessment in accordance with Section
3,6 of this Declaration; provided, however, that except when entry is required due to an
emergency situation, the Association shall provide the Owner with reasonable notice and an
opportunity to cure the problem prior to entry,
6,3 Maintenance Durin!!' Construction. During construction it shall be the
responsibility of each Owner to insure that his or her Lot and adjacent areas are kept free of
unsightly accumulation of rubbish and scrap materials, and that construction materials, trailers,
shacks and the like are kept in a neat and orderly manner. No burning of any trash and no
accumul~tion or storage oflitter or trash of any kind shall be permitted on any Lot or the
Common Areas, This Section 6,3 shall not be applicable to Declarant or its employees, agents or
contractors,
6;4 Maintenance Ril!ht of Citv. The City shall have the right to enter upon Tract B,
Westwind Estates for purposes'of inspecting and maintaining the stormwater detention pond
pursuant to the terms oftheStormwater Maintenance Agreement.
ARTICLE 7 - ARCHITECTURAL REVIEW
7.1 Architectural Review Committee. A committee to be known as the
Architectural Review Committee (the "ARC") shall be established consisting of the not less than
, - Date Received:
18 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/l t 1513(153678/RSB/5286350.2
DEe 1 8 2009
')riginal Submittal
three (3) members .or more than five (5) members, except that the ARC may, at the option of
Declarant, cansist .of as few as one (I) member'(whichfuay be Declarant) for sa lang as
Declarant owns any Lats within the Subdivisian, Each member .of the ARC shall serve for a one
(I) year term, except that the member of the ARC appointed by Declarant may serve until
Declarant no langer owns any Lats within the Subdivision,
7,1.1' The members of the ARC shall be appointed, terminated and/or
replaced by Declarant for so long as Declarant owns any Lots within the Subdivision, Thereafter
the Board shall appoint the members of the ARC, Members ofthe ARC may be terminated
and/or replaced by the Board with or without cause, except that the Board may not terminate any
member of the ARC appointed by Declarant soJong as Declarant owns any Lots within the
subdivisian,
7,1.2 Declarant shall have the right to voluntarily relinquish cantrol of the
ARC to the Board during the periad in which Declarant owns Lots within the Subdivision, in
which event Declarant's right t.o appaint, terminate and replace members of the ARC shall
terminate,
7,1.3 The purpose .of the ARC is to enforce the architectural standards of the
community and to approve or disapprove plans for improvements proposed for the Lots,
7,1.4 The ARC shall act by simple majority vate, and shall have the
authority to delegate its duties or to retain the services of a professional engineer, architect,
designer, inspector or other person to assist in the performance of its duties,
7.2 Oesilm Guidelines. The ARC may with the approval of the Board adopt, amend,
modity qr revise Design Guidelines; provided, however, that Declarant,may adopt, amend,
modify and revise the Design Guidelines without the consent of anyone prior to conveyance of
the first Lot ta an Owner ather than the Declarant. The ARC, hawever, shall have no .obligation
to adopt Design Guidelines, No amendments, modifications, or revisions to the Design
Guidelines shall affect any prior ARC approvaL
7.3 Scone of Review. No Improvements may be undertaken, constructed, altered,
added onto or replaced upon any portion of the property without the prior written consent of the
ARC,
7.4 Submission of Plans. Before the initiation of construction of any Improvement
upon any Lot, the Owner thereaf shall first submit ta the ARC a camplete set of plans and
specifications for the proposed improvements, Plans shall include elevation drawings, design
plans, specifications of materials and exterior colors, and any other infarmation deeI)1ed
necessary by the ARC for the perfarmance of its function pursuant to the procedure outlined in
the Design Guidelines (if any), In additian, the Owner shall submit the identity .of the individual
or company il!tended to perf arm the wark and projected commencement and completian dates,
In the event an Owner submits plans .or specificatians ta the ARC that are nat adequate ta permit
the ARC ta make' an informed determinatian under this Article, the Board shall have the
autharity to require the Owner submitting the inadequate plans or specifications ta retain, at the
Owner's expense, the services of a professional engineer, architect, designer, inspector or other
person to assist in the preparation of a sufficient submittal to the ARC,
Date Received:
19 - Declaration of Protective Covenants, Conditians and Restrictions
PDXft t t5 I3/153678/RSB/5286350.2
DEe 1 8 2009
Original Submittal
7.5 Plan Review. Upon receipt by the ARC of all of the information required by this
Article, it shall have thirty (30) business days in which to review said plans, The proposed
improvements will be approved if, in the sole opinion of the ARC: (a) the improvements will be
of an architectural style and material that are compatible with the other structures in the Property;
(b) the improvements will not violate any restrictive covenant or encroach upon any easement or
cross building set back lines; (c) the improvements will not result in the reduction in property
value, use or enjoyment of any of the Property; (d) the individual or company intended to
perform the work is acceptable to the ARC; and (e) the improvements will be substantially
completed, including all cleanup, within three (3) months of the date of commencement (six (6)
months for the construction ofa complete Unit), If the ARC fails to issue its written approval or
rejection within thirty (30) business days of its receipt of the last of the materials or documents
required to complete the Owner's submission, then the ARC's approval shall be deemed to have
been granted without further action, The ARC's approval of plans and specifications shall be
valid for a period of six (6) months from the date of issuance, during which time the Owner must
commence construction of the approved Improvements and thereafter diligently proceed to
completion; otherwise the approval is void,
7.6 Non-conformin!!:Structures. If there shall be a material deviation from the
approved plans in the completed improvements, such improvements shall be in violation of this
Article to the same extent as if erected without prior approval of the ARC, The ARC, the
Association or any Owner may maintain an action at law or in equity for the removal or
correction of the non-conforming structureand~ if successful, shall recover from the Owner in
violation all costs, expenses and fees incurred in the prosecution thereof.
7.7 Immunitv of ARC Members. No individual member of the ARC shall have any
personal liability to any Owner or any other person for the acts or omissions of the ARC if such
acts or omissions were committed in good faith and without malice, The Association shall
defend any action brought against the ARC or any member thereof arising from acts or
omissions of the ARC committed in good faith and without malice,
7.8 Limited Review. Any review and approval made by the ARC is limited to
compliance with the intent of the architectural standards of the neighborhood,as may from time
to time be established by.the Board and/or the Design Guidelines, The review and approval made
by the ARC is not to be construed as superseding, replacing, or modifying any review, approval,
or permit required by any local, state or federal jurisdictional agencies, It is the applicant's
responsibility to obtain and comply with any permits that may be required by any local, state, or
federal jurisdictional agency,
7.9 Address for Notice. Requests for ARC approval or correspondence with the
ARC shall be addressed to Westwind Estates, Architectural Review Committee, c/o Northwest
Community Management Company, P,O, Box 23099, Tigard, Oregon 97281, or such other
address as may be designated from time to time by the ARC, No correspondence or request for
approval'lshall be deemed to have been received until actually received by the ARC in a form
satisfactory to the ARC,
7.10 ADDearance arid Desi!!:n of Subdivision, The Declarant shall not be prevented
from changing the appearance of the Common Areas, including the landscaping and any other
aspects directly or indirectly connected with its development of the Subdivision so 19~!?t&'Received:
20 - Declaration,ofProtectiveCovenants, Conditions and Restrictions
PDX!\] t;131l;3678IRSB!;2863;0.2'
DEe 1 8 2009
":)1"131 Submittal
Declarant.obtains all applicable governmental approvals and consents, The construction and
material standards of this Declaration and/or plans and drawings notwithstanding, Declarant may
change exterior and/or interior designs of Units from initial plans, This may include designs,
colors, and type of materials, provided Declarant obtains all applicable governmental approvals
and consents,
7.11 Declarant Exemot: Construction bv Declarant. Declarant is exempt from the
requirements of this Article 7, All construction by Declarant establishes the standards for the
ARC and is deemed to meet any Design Guidelines of the Association and is deemed to be
approved by the ARC, '
7.12 Approval of Builder Plans. Declarant shall have the right, in its sole discretion,
to approve the plans and specifications for all Improvements tliat will be constructed by a
Builder, and all construction by a Builder pursuant to the plans and specifications approved by
Declararit is deemed to satisfy the requirements of this Article 7,
ARTICLE 8 -- INSURANCE'
8.1 Association Insurance Coveral!:e. The Association shall obtain and maintain at
all times the insurance required by the Act and such additional insurance as the Board deems '
advisable, which will include, but is not be limited to, the following:
8,1,1 Property Insurance, The Association shall obtain and maintain at all
times a policy of property insurance covering all insurable improvements within the Common
Areas against loss or damage resulting from fire and other hazards covered under special form
coverage ("all risk"), including vandalism, malicious mischief, sprinkler leakage, debris removal,
cost of demolition, windstorm, flood and water damage endorsements, Coverage shall be for the
full insurable replacement cost (without deduction for depreciation) of such improvements,
exclusive of land, foundation, excavation and other items normally excluded from coverage, and
shall be subject to a commercially reasonable deductible, Such policy of insurance shall cover
the interests of the Association and the Owners and First Mortgagees as their interests may
appear and, if available at reasonable cost, the following terms:
(a) A waiver of subrogation by the insurer as to any claims against the
Association and its Board and property manager (if any), and against any Owner or guest of any
Owner;
(b) A standard mortgagee clause, except that the loss payment provision shall
be subject to the terms of Article 9 of this Declaration;,
(c) A provision that no policy may be canceled, invalidated, or suspended
because of the action of an Owner; ,
(d) A provision that no policy may be canceled, invalidated, or suspended
because of the conduct of any director, officer, or employee of the Association unless the insurer
gives the Association a prior written demand tharthe Association correct the defect and allows
the Association a reasonable time to make the correction;
Date Received:
21 - Declaration of Protective Covenants, Conditions and Restrictions
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DEe 1 8 2009
Original Submittal
(e) A provision that the policy is primary in the event an Owner has other
insurance covering the same loss;
(f) A provision that the policy cannot be canceled or substantially modified
without at least ten (10) days' prior written notice to all insureds; and
(g) A provision that any adjustment of the loss will be made by the
Association, and that all proceeds thereof shall be paid to either the Association or an insurance
trustee, as pro~ided in Article 9 of this Declaration,
The Board may by resolution determine the amount of deductible for such
insurance policy, based on availability and costs, Owners shall be responsible for the deductible
to the extent that it is determined they, their tenants or guests are responsible for the damage
caused to the Common Maintenance Areas or other properties that the Association insures,
8,1,2, Liability Insurance, The Association shall at all times maintain
commercial general liability insurance covering the Common Maintenance Areas with limits of
loss of not less than $1,000,000 co,mbined single limit for personal injury or property damage
(such policy limits to be reviewed at least annually by the Board and increased in its discretion),
insuring the Association, all Owners, and any managing agent against liability to the public or to
individual Owners, subject to a commercially reasonable deductible,
8,1,3 Worker's compensation insurance, The Association shall obtain
and maintain at all times a policy of worker's compensation insurance to the extent required by
applicable laws,
8,1.4 Fidelity Bonds, The Board shall obtain and maintain at all times
fidelity bonds naming the Board and all other officers, directors and employees of the
Association handling or responsible for funds of or administered by the Association, If a
management agent has the responsibility for handling or administering funds of the Association,
the management agent will be required to maintain fidelity bond coverage for its otlicers,
employees and agents responsible for such funds, In no event may the aggregate amount of such
bonds be less than a sum equal to three (3) months Annual Assessments, The bonds must,
contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons
serving without compensation from the definition of "employees," or similar terms or
expreSSIOns,
8,1.5 Insurance Against Loss of Association's Personal Property, The
Association shall obtain and maintain at all times insurance against loss of personal property of
the Association by fire, theft, and other losses, with deductible provisions as the Board deems
advisable,
8,1,6 Other Insurance. Such other insurance as the Board deems
advisable; provided, however, that notwithstanding any other provisions herein, the Association
shall continuously maintain in effect such property, flood, and liability insurance and a fidelity
bond meeting the insurance and fidelity bond requirements for planned community projects
established by the Federal National Mortgage Association, Government National Mortgage
Association, Federal Home Loan Mortgage Corporation, or other governmental.Qr qua~ . d
Uale t-<ecelve :
, 22 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/!] 1513/t53678/RSB/5286350.2
DEe 1 8 2009
Original SUbmitta'
govenimental agency involved in the secondary mortgage market, so long as such agency is a
Mortgagee, an insurer or guarantor of a Mortgage, or Owner of a Lot, except to the extent such)
coverage is not available or has been waived in writing by such agency,
8.2 Bv Owners. It is acknowledged that the foregoing provisions specify only the
, insurance required to be obtained and maintained by the Association and thatthe following
insurance must be obtained and maintained by each Owner (as applicable):
8,2,1 Property Insurance. Each Owner shall obtain and maintain special
form ("all risk") property insurance covering the Unit and all other insurable improvements on
located on its Lot. Such insurance must be maintained for the full insurable value thereof
(exclusive of excavation and foundations and without deduction for depreciation) and with a
deductible not to exceed,$I,OOO (subject to adjustment by the Board from time to time as
provided'below),
8,2,2 ' Liability Insurance. Public liability insurance in the amount
reasonably set by the Association no more often than every three (3) years, covering any liability
of any Owner to the extent not covered by any public' liability and property, damage insurance
obtained and maintained by the Association, '
8,2.3 Other requirements. Each insurance policy required to be maintained
by an Owner, as provided above, shall contain the following:
(a) A waiver of subrogation against the Association and its Board and
prope,rty manager (if any), and against the other Owners and guests of the other Owners
(property insurance only);
(b) A waiver of any defense based on acts of the insured;
(c) A provision that any adjustment ofloss will be made by the Owner (but
only with the prior written approval of the Association (which shall not be unreasonably
withheld) and that all proceeds thereof shall be paid to either the Association or the insurance
trustee pursuant to Article 9 below; and
(d) A provision that such policies cannot be canceled or substantially
modifiea without at least ten (10) days' prior written notice to all insureds, including the
Association, ,
8.2.4 Board's Right to Modify Requirements. The Association may, over
time, adjust the above required types and amounts of insurance or require additional insurance,
so long as such changes or additional requirements are commercially reasonable,
ARTICLE 9-DAMAGE OR DESTRUCTION
9.1 Common Areas. [fany improvements within the Common Areas are damaged
or destroyed by fire or casualty, the repair, restoration or ultimate disposition of any insurance
proceeds shall be in accordance with the following:
Date Received:
23 - Declaration of Protective Covenants, Conditions and Restrictions
PDXll1 1513/153678/RSB/5286350.2
DEe 1 8 2009
Original Submittal
(a) If the insurance proceeds derived from such loss amount to $75,000 or
less, then the Board shall contract with any licensed contractor or contractors to rebuild or repair
such damage or destroyed improvements in conformance with the original plans and
specifications, or if adherence to such original plans and specifications is impracticable in the
Board's opinion, then in conformance with revised plans and specifications provided such
repairs or rebuilding shall be of a quality and kind substantially equivalent to the original
construction, The Board shall accept bids only in specific amounts and shall not enter into any
cost-plus or other sliding scale arrangement for compensation to the contractor.
(b) If the insurance proceeds derived from such loss exceed $75,000, all such
insurance proceeds shall be paid directly to an insurance trustee as may be designated by the
Board, as trustee for all affected Owners and their respective First Mortgagees, as their interests
may appear. The insurance trustee shall disburse the insurance proceeds periodically as
construction progresses, subject to satisfaction of the following conditions:
(i) Upon notification of the receipt of insurance proceeds by
the insurance trustee, the Board shall enter into a contract for a specific dollar amount with a
licensed contractor or contractor for the repair or rebuilding of all of the damaged or destroyed
improvements, as nearly as practicable to the original plans and specifications thereof and in
,accordance with all applicable building codes,
(ii) The Board shall enter into said contract with a licensed
contractor or contractors which shall have provisions for periodic disbursements of funds by the
insurance tru'stee, Disbursements to the contractor shall be made subject to the prior presentation
of an architect's certificate containing such provisions as may be appropriate in the
circumstances and deemed suitable by the Board, along with customary lien waivers,
(iii) The Board shall employ a licensed architect to supervise
the repair and rebuilding to insure that such work, services and supplies are of proper quality and
that construction is,contemplated if! a workmanlike manner and according to plans and
specifications,
(c) If the proceeds of insurance, maintained by the Association are not
sufficient to defray the estimated costs of reconstruction and repair, or if at any time during
reconstruction and repair, or upon completion ofreconstruction and repair, the funds for payment
of the costs thereof are insutlicient, assessments shall be made against all Owners in sufficient
amounts to provide funds for the payment of such costs, The foregoing provisions of this
subparagraph are applicable to the repairs and reconstruction to be undertaken by the
Association,
(d) If the amount of available insurance proceeds exceed the cost of any such
reconstruction or repair, the excess shall be paid to the Association and applied by it to reduce
the common expenses of the Association,
9.2 Units. If all or any portion of aUnit or any other Improvements located on an
Owner's Lot is/are damaged by fire or other casualty, the Owner thereof shall either (a) restore,
the damaged Improvements or (b) remove all damaged Improvements, including foundations,
Date Received:
24 - Declaration of Protective Covenants, Conditions and Restrictions
PDXll 11513/t53678/RSB/52863502
DEe 1 8 2009
)riginal Submittal
and leave the Lot in a clean and safe condition, Any restoration proceeding under (a) above must
be performed so that the Improvements are in substantially the same condition in which they
existed before the damage or destruction, unless the owner complies with the provisions of
Article 7, The Owner must commence such work within sixty (60) days after the damage or
destruction occurs and must complete the workwithin six (6) months thereafter.
ARTICLE to-CONDEMNATION
Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and
under threat of condehmation by the Board acting on its behalf or on the written direction of all
Owners subject to the taking, if any,) by any authority having the power of condemnation or
eminent domain, each Owner shall be entitled to notice thereof and to participate in the
proceedings incident thereto unless otherwise prohibited by law, The award made for such taking
shall be payable to the Association as trustee for all Owners and First Mortgagees, as their
interests may appear, to be disbursed as follows:
(a) Ifthe taking involves a portion of the Common Areas on which
improvements have been constructed, then, unless within sixty (60) days after such taking the
Declarant and at least seventy"five percent (75%) of the Class A members of the Association
shall otherwise agree, the Association shall restore or replace such improvements so taken on the
remaining land included in the Common Areas to the extent lands are available therefore, in
accordance with plans approved by the Board of the Association, If such improvements are to be
repaired or restored, the provisions in Section 9,1 regarding disbursement of insurance proceeds
in respect to casualty damage or destruction shall apply,
(b) It the taking does not involve any improvements on the Common Areas, or
if there is a decision made not to repair or restore, or if there are net funds remaining after such
restoration or replacement is completed, then such award or net funds shall be paid to the
Association and applied by it to reduce the conimon expenses,
ARTICLE 11- USE RESTRICTIONS
11.1 Residential Use. Lots shall only be used for residential purposes, No trade, craft,
business, profession, commercial, or similar activity ofany kind shall be conducted on any Lot,
and no goods, equipment, vehicles, materials, or supplies used in connection with any trade,
service, or business shall be'kept or stored on any Lot. Nothing in this Section 11.1 shall be
deemed to prohibit (a) activities relating to the sale of residences, (b) the right of Declarant or
any contractor or homebuilder (including a Builder) to construct Units on any Lot, to store
construction materials and equipment on such Lots in the normal course of construction, and to
use any Unit as a sales office or model home for purposes of sales in the Subdivision, (c) the
right of the Owner of a Lot to maintain such Owner's personal business or professional library,
keep such Owner's personal business or professional records or accounts, handle such Owner's
personal business or professional telephone calls, or confer with business or professional
associates, clients, or customers in such Owner's residence, (d) residential day care facilities, or
(e) garage, sales, provided that no Owner may conduct more than three (3) garage sales in any
twelve (12) month period and no individual garage sale may exceed three (3) days in length,
Date Received:
25 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/II 15 I JII5J678/RSB/5286J50,2
DEe 1 8 2009
Original Submittal
11.2 No Tree Removal. No trees identified for preservation on the approved tree
removal permit or landscaping plan for the Subdivision, nor any newly planted trees used to meet
the conditions of approval for the Subdivision, may be removed without the prior written
approval of the City, Any Owner desiring to remove a tree from his or her Lot is required to
confirm with the City that such tree is not required to be maintained pursuant to the approved
tree removal permit or landscape plan for the Subdivision, as the same may be amended or
modified from time to time,
11.3 No ImDrovements or Fill Material. No Owner may place or construct any
Improvements over the utility easements located on his or her Lot (as shown on the Plat or any
separate easement agreement or dedication now existing or hereafter granted pursuant to the
terms of this Declaration), or till or alter the drainage swales or any other storm water facilities
located on his or her Lot. '
11.4 Rental Restrictions. An Owner shall be entitled to rent or lease his or her Unit,
subject to the following:
11.4,1 Written Rental Agreements, A written rental or lease agreement is
required, specifying that: (i) the tenant shall be subject to all provisions of the Declaration and
other Governing Documents, and (ii) failure to comply with any provision of the Declaration and
other Governing Documents shall constitute a default under the rental agreement.
'11.4,2 Minimum Rental Period, The period of the rental or lease is not less
than thirty (30) days; and
11.4.3 Tenant Must Be Given Documents, The Owner gives each tenant a
copy of the Declaration and other Governing Documents,
11.4.4 Owner ResDonsibilitv, Owner shall be responsible for any violations
by tenants and shall be solely, responsible for either correcting or eliminating such violations, or
getting tenant to do the same,
11.5 Air Conditioninl! Units. No Owner shall install, or permit to be installed or
maintained, air conditioning units through exterior modifications of its Unit or through window
openings', The only air conditioning units that will be permitted are those air conditioning units
which are considered central in nature and installed on a slab in the rear or side yard of a Lot
outside of and adjacent to the Unit.
11.6 Nuisances. No noxious or offensive activity shall becarried out upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood,
11.7 TemDorarv Structures. No structure of a temporary character, including,
without limiting the generality thereot: any trailer, tent, car canopies, shack, garage, barn, motor
home or mobile home or other outbuilding, and no prefabricated or relocated structure shall be
used on any Lot at anytime as a residence, either temporarily or permanently, This restriction
shall not be interpreted to limit the right of Declarant or a Builder to use trailers or outbuildings
as sales offices, construction offices, material storage facilities, or sanitation.faciliti.ei;, . d
' LJate KeCelVe :
26 ~ Declaration of Protective Covenants, Conditions and Restrictions
PDXlt IIS1J!1SJ678/RSB/5286350,2
DEe 1 8 2009
Original Submittal
11.8 Silms. No sign, banner or billboard of any kind may'be kept or placed on any Lot
or mounted, painted or attached to any Unit, fence or other improvement so as to be visible from
public vi~w in the Subdivision or adjacent public street or carried by any person or by any other
means displayed within the Subdivision except as provided below:
11.8,1 "For Sale" Signs
An Owner may erect one (I) sign not exceeding'two (2) feet by three (3) feet in,
dimension, fastened only to a stake in the ground and extending not more than three (3) feet
above the surface of the ground advertising the 'property for sale,
11.8,2 "For Rent" Signs
An Owner may erect one (I) sign not exceeding three (3) square feet in area
advertising the property for rent. Such signs shall be visible from the front of the Unit only, and
shall be displayed from within the Unit. No such sign shall be erected within a lawn or landscape
area on any Lot, or attached to the outside of the Unit.
, II. 8.3 Political Signs
Political signs may be erected upon a Lot by the Owner of such Lot advocating
the election of one or more political candidates'or the sponsorship of a political party, issue,or
proposal'provided that such signs shall not be erected more than ninety (90) days in advance of
the election to which they pertain and are remoVed within fifteen (IS) days after the election,
11.8.4 Subdivision Identification Signs
Signs may be ere~ted by the Declarant to identify the Subdivision, with approval
from the local jurisdictional authority, if applicable,
11.8,5 Flags
The foregoing restrictions shall not be deemed to prohibit the display of the flag
of the United States,by an Owner or occupant ofa Lot if the flag is displayed in a manner
consistent with federal flag display law, 4 U,S,C, S I et seq,
11,8,6 Declarant's Signs
Signs, banners and billboards may be erected by the Declarant and are exempt
from the provisions ofthis Section 11.8,
11.8,7 Builder Signs
A Builder may erect signs and banners on any Lot or Unit owned by the Builder if
such signs and/or banners are erected for the purpose of marketing and selling Units constructed
by the Builder on Lots owned by the Builder, subject to rules and restrictions established by
Declarant from time to time, A Builder may also erects signs and/or banners on the Common
Areas to market and sell Units constructed by the Builder on Lots owned by the Builder,
Date Received:
27 - Declaration of Protective Covenants, Conditions and Restrictions
PD)(j11151~1l53678/RSB/5286350,2
(
DEe 1 8 2009
Original Submittal
provided that Declarant authorizes in writing (in Declarant's sole discretion) the erection of such
signs and/or banners on the Common Areas,
11.9 Parking. The Owner of each Lot shall maintain off-street parking on its Lot
(inclusive of its garage and driveway) able to accommodate at least two (2) automobiles,
11.10 Camoers. Boats. Recreational Vehicles and other Non-Passen!!er Vehicles.
Campers, boats, boat trailers, recreational vehicles, commercial vehicles, or other types of non-
passenger vehicles, equipment, implements, or accessories may not be kept or stored on any
public street within the Subdivision or on any Lot, except as provided below:
\1.\ 0,1 Campers, boats, boat trai lers, recreational vehicles, recreational
trailers, and other non-passenger vehicles, equipment, implements, or accessories may be stored
or kept within an enclosed garage, or on the side of the Unit, provided that it is fully screened
from view by a screening structure or fencing approved by the ARC,
11,\ 0,2 Campers, boats, boat trailers, recreational vehicles, recreational
trailers, and other non-passenger vehicles, equipment, implements, or accessories may be
temporarily kept on the public streets within the Subdivision or on a paved driveway located on a
Lot for a period not to exceed forty,eight (48) hours and only for purposes of cleaning,
preparation for use and unloading,
11.11 Commercial Vehicles. No vehicles bearing commercial insignia or names may
be parked on the public streets within the Subdivision or on any Lot, except for commercial
vehicles that are temporarily parked on such areas for the sole purpose of serving an Owner, or
those that are parked within a enclosed garage, The Board. however, shall have the absolute
authority to grant approval for storing or keeping a commercial vehicle on the driveway of a Lot.
Notwithstanding the foregoing, the Board shall not unreasonably withhold consent to keep a
commercial vehicle bearing insignia or names where such vehicle is driven by an Owner
pursuant'to Owner's primary job, Any Owner wishing to keep a commercial vehicle on the
driveway of any Lot shall apply for approval to the Board, and shall provide such information as
the Board, in their s~le authority, may require, The Board may from time to time in their sole
discretion review the approval to keep a commercial vehicle on the driveway of any Lot to
determine if the vehicle complies with the intent of the original approval. Upon an adverse
determination by the Board, any commercial vehicle shall be removed and/or otherwise brought
into compliance with the requi~ements of this Section \\,\1.
11.12 Disabled Vehicles or Vehicles in Disreoair. No Owner shall permit any vehicle
that is in an extreme state of disrepair to be abandoned or to remain parked on any street within
the Subdivision or on any Lot for a period in excess of twenty-four (24) hours,
11.13 Maintenance or Reo air of Vehicles. Any maintenance or repair of vehicles or
other machinery or equipment must take place entirely within the enclosed garage of an Owner.
11.14 Pets. Livestock and PoultrY. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household
pets of a reasonable number, provided that they are not kept, bred, or maintained for any
, commercial purpose; and provided further, than no more than three (3) adult 9-imY~e'/ved:
28 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/l1 15t31l53678/RSB/5286350,2
DEe 1 8 2009
Original Submittal
kept on a single Lot. All such animals shall be kept in strict accordance with all local laws and
ordinances (including leash laws), Owners shall be responsible for cleaning up after their pets'
waste, No animal shall be allowed to run at large, and all animals shall be kept within enclosed
areas, for pets which must be clean, sanitary, and reasonably fre~ ofrefuse, insects and waste at
all times, Such enclosed area shall be constructed in accordance with plans approved by the
ARC, shall be of reasonable de'sign and construction to adequately contain such animals in
accordance with the provisions hereot: and shall be screened so as not to be visible from any
other portion of the Subdivision,
11.15 Garbal!:e and Refuse DisDosal., No Lot'shall be used or maintained as a dumping
ground for rubbish, Trash, garbage or other waste shall not be kept, or disposed of, on any Lot
except in sanitary containers, All equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition, No cans, bags, containers or receptacles ti:Jr the storing or
disposal of trash, garbage, refuse, rubble, debris, or recyclable materials shall be stored, kept,
placed or maintained on any Lot where visible from any street except solely on a day designated
for removal of garbage, rubbish, or recyclable materials, and on which days only such cans, bags,
containers, and receptacles may be placed in front of a residence and beside a street for removal,
but shall be removed from view before the following day,
11.16 Detached Buildinl!:s. No detached accessory buildings, including, but not limited
to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot
without the prior written approval of the ARC, Every outbuilding, inclusive of such structures as
detached garages, storage buildings, greenhouses, doghouses, or children's playhouses, shall be
compatible with the dwelling to which it is appurtenant in terms of its design and material
composition,
11.17 Fences and Hedl!:cs. Fences, walls or hedges may be erected or maintained on
any Lot subject to local laws regarding height and setback and approval by the ARC, No fencing
shall be constructed in the front yard of any Lot, unless the front yard faces and is contiguous
with a Common Area, Fences may be erected along the property line in the side and rear yards
of a Lot, provided said fencing is not located closer to the street than the front of the Unit, does
not exce~d six feet (6') in height and is a so-called good neighbor fence, The ARC shall permit
vinyl fences and wood fences, but any wood fences shall be painted or stained (with a color
approved ,by the ARC) or sealed to protect against decay, No chain-link, metal cloth or
agricultural fences may be built or maintained on any Lot, except as required by governmental
authority; provided however, that chain link fences may be installed for domestic pet runs with
the prior approval ofthe ARC. Notwithstanding the foregoing, the ARC shall have the right and
authority to approve variances for reasonable cause or to alleviate hardship as determine9 in the
sole judgment of the ARC; provided however, the ARC may not approve a variance which
contradicts the zoning and/or subdivision ordinances of the local governmental jurisdictional
authority .unless the jurisdictional authority has previously approved the variance, Unless
<;>therwise agreed between Owners, side and rear yard fences that separate adjacent Lots shall be
owned and maintained by the Owner on whose Lot the fence exists, or if the location is
indefinite, such fence will be maintained jointly by the Owners of both Lots, with expenses
shared equally, Declarant hereby grants to each Owner whose Lot contains a fence (and to any
Owner where the location of the fence in relation to its property line is indefinite) an easement
over those portions of the adjacent Owner's Lot as is reasonably necessary to maintain the fence,
Date Received:
29 - Declaration of Protective Covenants, Conditions and Restrictions
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subject to reasonable advance notice to the adjacent Lot Owner. The provisions of this Section
11,17 shall not apply to Declarant.
11.18 General LandscaDin!!. All landscaping must comply with the approved
landscaping plan and the landscaping requirements established by the City from time to time,
and each Owner is required to have his or her landscaping plan approved by the City if approval
is required by City zoning ordinances, All landscaping must be maintained by the Owner
pursuant to the terms of Section 6,2, Decorative ground cover consisting of bark dust/mulch or
rock may be installed on portions of the front, side and rear yards, as approved by the ARC, The
remainder of the yard area not covered by improvements shall be lawn or sod,
11.19 Antennae and Satellite Dishes. Except as otherwise provided by law or this
Section 11,19, no exterior antennas, satellite dishes, microwave, aerial, tower, or other devices
for the transmission or reception of television, radio, or other forms of sound or electromagnetic
radiation shall be erected, constructed, or placed on any Lot. With prior written consent from the
ARC"exterior satellite dishes or antennas with a surfaceodiameter of one meter (39") or less and
antennas'designed to receive television broadcast signals only may be placed on any Lot if they
are not visible from any street and are screened from neighboring Lots, The 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 shall 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 and regulations may prohibit installation of exterior satellite
dishes or antennas if signals of acceptable quality can be received by placing antennas inside a
Unit without causing an unreasonable delay or cost increase,
11.20 Clothes Han!!in!! Devices. Clothes hanging devices exterior to a Unit shall be
temporary, unaffixed structures not to exceed six (6) feet in height and shall not be placed nearer
to any street abutting the Lot than the side yard setback line or the back of the Unit constructed
on the Lot. Clothes hanging devices shall be screened from public view by a fence approved by
the ARC:
11.21 Window Treatments. Aluminum foil, reflective film:newspapers or similar
treatments shall not be placed on windows or glass doors,
11.22 Oil and Minin!! ODerations. No oil drilling, oil development operations, oil
refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor
shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No
derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot. No tank for the storage of oil or other fluids may be
maintained on any of the Lots above the surface of the ground,
11.23 Gara!!es. Garages may be used as Declarant's sales offices before permanent
occupancy of the main structure; however, sales offices must be converted to garages before
permanent occupancy, With the exception of periods when garages are used by the Declarant as
sales offices, a garage shall be maintained solely for the storage of automobiles, and no garage
may be enclosed or otherwise used for habitation, nor may any garage door be removed except
when necessary to repair or replace a garage door with the same type of garage door.
Date Received:
30 - Declaration of Protective Covenants, Conditions and Restrictions
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11.24 Buil\lin!! Envelones. No Unit may be constructed on a Lot outside of the building
envelope shown on attached Exhibit D or the Plat (if any), If no building envelope is shown on
a Lot on attached ,Exhibit D or the Plat, then an Owner must comply with the setback
requirements described in Section 11,25,
11.25 Setback Lines. All Units and other structures (including fences), permanent or
temporary, habitable or uninhabitable, must be constructed, placed and maintained in conformity
with setback standards imposed by the local governmental jurisdictional authority,
11.26 Athletic and Recreational Facilities. Outdoor athletic and recreational facilities
such as basketball hoops, swing sets and sport courts of a permanent nature shall not be placed
on any Lot in the Subdivision between the street and the front of a Unit; placement of these
facilities ,of a permanent nature elsewhere on the Lot must be approved in advance by the ARC,
Temporary facilities including outdoor athletic and recreational facilities such as basketball
hoops may be placed on any Lot between the street,and front ofa Unit, provided that such
facilities'are removed from view when not in use but not later than at the end of each day,
Temporary facilities including 'outdoor athletic and recreational facilities such as basketball
hoops, hockey goals, etc, shall.not be placed on any street within the Subdivision,
11.27 Water and Sewa!!e Systems. No individual water supply system or sewage
disposal system shall be permitted on any Lot, including but not limited to water wells, cesspools
or septic tanks, '
11.28 Exterior Holidav Decorations. Lights or decorations may be erected on the
exterior of Units in commemoration or celebration of publicly observed holidays provided that
such lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent
Owners ~y illuminating bedrooms, creating noise or attracting sight-seers, Holiday decorations
or lights for any publicly observed holiday between December 1 and December 31 of any year,
may not be displayed before November 15th of any year. For other holidays, decorations or lights
may not be displayed more than two (2) weeks in advance of the holiday,
All lights and decorations that are not permanent fixtures ofthe Unit which are part of the
original construction or have been properly approved as permanent improvements by the ARC
shall be removed within thirty (30) days after the holiday has ended,
11.29 Retainin!! Walls. Retaining walls may be constructed on a Lot only ifin
compliance with any adopted Design Guidelines and only if approved in advance by the ARC,
Retaining walls may extend into the required front, side or rear setback lines of a Lot. The ARC
may require any retaining wall which exceeds two (2) feet in height be designed by a qualified
professional engineer licensed to practice engineering in the state of Oregon, Retaining walls
constructed by the Declarant shall be exempt from this Section 11,29,
11.30 Household Chemicals.' Owners shall be prohibited from dumping or otherwise
disposing of household chemicals within the Property, including, but not limited to, cleaning
agents, automotive fluids, paint, solvents and other toxic chemicals,
11.31 Prohibited Plants. Owners shall be prohibited from planting the following
species of plants on the Lots:
Date Received:
31 - Declaration of Protective Covenants, Conditions and Restrictions
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Original Submittal
(a) Cystisus scoparius, comml?nly kllown as Scotch broom;
(b) Hedera helix, commonly known as English ivy;
(c) Lythrum salicaria, commonly known as purple loosestrife;
(d) Phalaris arundinacea, commonly known as reed canarygrass; and
(e) Rubus discolor, commonly known as Himalayan blackberry,
11.32 Rezoninl! Prohibited. No Owner may apply to the local zoning authority to
rezone a Lot to any classification allowing commercial, institutional or other non-residential use,
11.33 Lot Consolidation and Division. No Lot may be consolidated with another Lot
and no Lot may be further subdivided, This restriction shall not apply to Declarant.
11.34 Drainal!e Alteration Prohibited. The surface water drainage contours of each
Lot shall conform to the approved grading plan established by the Declarant. No Owner shall fill
or alter any drainage swale established by the Declarant, nor shall any Owner install landscaping
or other improvements that divert surface water runoff from the drainage patterns, swales and
easements established by the Declarant without the prior written approval of the ARC,
ARTICLE 12-SPECIAL DECLARANT AND BUILDER RIGHTS
In addition to any rights or easements reserved to Declarant or Builders elsewhere in this
Declaration or any of the other Governing Documents, Declarant and/or Builders shall have the
following rights in respect to the Subdivision:
12.1 DeveloDment and Sales Activities.
12,\,1 So long as Declarant owns a Lot within the Subdivision, Declarant
shall have the right to construct and maintain upon portions of the Common Areas and any Lots
owned by Declarant such facilities and activities as Declarant, in its sole opinion, may require or
desire in connection with the construction and sale of Units and Lots within the Subdivision,
including (but not limited to) business and construction offices (within Units or in free standing
trailers), signs, banners and flags, and model units and sales offices (within Units or in free
standing trailers), subject to compliance with City ordinances, Declarant shall have easements
for access to and use of such facilities at no charge,
\2,1.2 So long as a Builder owns a Lot within the Subdivision, the Builder
shall have the right to construct and maintain upon any Lot owned by the Builder such facilities
and activities as the Builder reasonably requires or desires in connection with the construction
and sale of Units within the Subdivision on Lots owned by the Builder, including (but not limited
to) business and construction offices (within Units or in free standing trailers), signs, banners and
flags (subject to Section 11.8,7), and model units and sales offices (within Units or in free
standing trailers), subject to rules and restrictions establisheCl by Declarant from time to time and
subject to compliance with City ordinances,
Date Received:
32 - Declaration of Protective Covenants, Conditions and Restrictions
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Original Submittal
12;2 Control of and Chan!!'es in DeveloDment Plan. Every Owner, by acceptance of
the deed to their Lot, acknowledges that the Subdivision is a multi-phased master planned
community, the development of which is likely to extend over many years, and that changes in
the master plan will likely occur as the development of the Subdivision proceeds, Each such
Owner therefore agrees not to protest, challenge or otherwise object to changes made or
proposed by Declarant in the development plan or in the uses or density of property beyond the
boundaries of that shown on the recorded subdivision plat for the phase within which its Lot is
located, The rights and limitations set forth in this Section 12,2 shall continue to effect until
Declarant no longer owns any Lots within the Subdivision,
12.3 Ri!!:ht to Transfer or Assi!!:n Declarant Ri!!:hts. Any or all of Declarant's special
rights and obligations set forth in this Declaration or any other Governing Docu'ments may be
transferred in whole or in part by Declarant by written instrument executed and acknowledged by
Declarant and recorded in the real property records for Lane County, Oregon, The foregoing
sentence!shall not preclude Declarant from permitting other persons to exercise, on a one time or
limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend
to transfer such right in its entirety, and in such case it shall not be necessary to record any
written assignment unless necessary to evidence Declarant's consent to such exercise,
12.4 Ri!!'ht to Convey Tract C. All or portions of Tract C, Westwind Estates consists
of wetlands, Declarant reserves the right, for the benefit of itself and the Association, to convey
Tract C, Westwind Estates to a-conservation o~'ganization or governmental authority, in which
event Tract C, Westwind Estates shall no longer be part of the Subdivision or Common Areas, or
subject to the terms of this Declaration,
ARTICLE 13-'-ANNEXATION
13.1 Annexation bv Declarant. Declarant may from time to time and in its sole
discretion annex to the Subdivision as "Additional Property" any real property now or hereafter
acquired,by it, and may also from time to time in its sole discretion permit other holders of real
propertyto annex the real property owned by them to the Subdivision, The rights reserved unto
Declarant to subject additional real property to the Declaration shall not be implied or construed
so as to impose any obligation upon Declarant to subject any of such additional real property to
this Declaration or to the jurisdiction of the Association nor any obligation, if subjected, to build
improvements of any kind, The annexation of such real property shllll be accomplished as
follows: '
(a) The owner or owners of such real property shall record an amendment to
this Declaration which shall be executed by or bear the approval of Declarant and shall, among
other things, describe the real property to be annexed, establish land classifications for the
Additional Property, establish any additional limitations, uses, restrictions, covenants and
conditions which are intended to be applicable to such property, and declare that such property is
held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved
subject to this Declaration, Any such annexation 'shall he effective upon the filing for record of
such amendment to this Declaration unless otherwise provided therein,
Date Received:
DEe 1 8 2009
33 - Declaration of Protective Covenanis, Conditions and Restrictions
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(b) The property included in any such annexation shall thereby become a part
of the Subclivision and,this Declaration, and Declarant and the Association shall have and shall
accept and exercise administration of this Declaration with respect to such Additional Property,
(c) Notwithstanding any provision apparently to the contrary, an amendment
to this Declaration with respect to any Additional Property may:
(i) establish such new land classitications and such limitations,
uses, restrictions, covenants and conditions with respect to such property as Declarant may deem
to be appropriate for the development of the Additional Property; and
(ii) with respect to existing land classifications, establish
additional or different limitations, uses, restrictions, covenants and conditions with respect to
such property as Declarant may deem to be appropriate for the development of such Additional
Property;
(d) There is no limitation on the number of Lots which Declarant may create
or annex'to the Subdivision, except as may be ~stablished by applicable ordinances of the local
governmental authority, Similarly, there is no limitation on the right of Declarant to annex
common'property, except as may be established by applicable ordinances of the local
governmental authority,
(e) Upon annexation, additional Lots so annexed shall be entitled to voting
rights as set forth in Article 2 above,
(t) The formula to be used for reallocating the common expenses if additional
Lots are annexed and the manner of reapportioning the common expenses if additional Lots are
annexed during a tiscal year are set forth in Article 3 above,
(g) No consent or joinder of any Class A Member or other party except the
record owner of the land being annexed shall be necessary to effect any annexation made
pursuan(to this Section 13,1,
13.2 Annexation bv Action of Owners. At any time after the Turnover Meeting, the
Board may request approval of the Owners for the annexation of additional property into the
Subdivision to be subject to all of the terms of this Declaration to the same extent as if originally
included herein, No suchannexation shall be effective unless approved by at least sixty percent
(60%) of the vote of the Owners, and the consent of the Declarant so long as the Declarant is a
Class B member, Any property that is adjacent to or contiguous with existing property subject to
this Declaration (even if such property is located across a street) may be annexed hereto
according to the foregoing requirements; provided, however, thatno such annexation shall be
effective without the consent and joinder of the, owners ofthe property to be annexed, Such
annexation shall be evidenced by an amendment to this Declaration signed by the president and
secretary of the Association certifying that the amendment was adopted in accordance with this
Declaration and ORS 94,590, acknowledged in the manner provided for acknowledgment of
deeds, and recorded in the official records of Lane County, Oregon, For purposes of voting on
an annexation pursuant to this Section 13.2, Declarant shall be treated as a Class A Member with
one (I) vote per Lot owned, Date Received:
34 - Declaration of Protective Covenants, Conditions and Restrictions
POXlt 115 13/153678/RSB/5286350.2
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Original Submittal
r,
.",~
ARTICLE 13 -- MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots, The provisions of this Article shall apply to both this Declaration and to the
Bylaws notwithstanding any other provisions contained therein, '
13.1 Notices of Action. An institutional holder, insurer or guarantor of a First
Mortgage who provides written request to the Association (such request to state the name and
address of such holder, insurer or guarantor and the street number of the Lot to which its
Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written
notice of:
(a) any condemnation loss or any casualty loss which affects a material
portion 'of the Property or Additional Property or which affects any Lot on which there is a first
Mortgage held, insured or guaraqteed by such Eligible Holder;
(b) any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such Eligible Holder, where such delinquency has
continued for a period of sixty (60) days; or any violation of this Declaration or any other
Governing Documents which is not cured within sixty (60) days;
(c) any lapse, cancellation, or material modification of any insurance policy
maintained by the Association; or ' :
(d) any proposed action which would require the consent of a specified
percentage of Eligible Holders, '
13.2 Snecial FHLMC Provision. So long as required by the Federal Home Loan
Mortgage Corporation, the following provisions apply in addition to and not in lieu of the
foregoing, Unless at least sixty-seven percent (67%) of the First Mortgagees or Owners
representing at least sixty-seven percent (67%) ofthe total outstanding vote of the Association
consent, the Association shall not:
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or
transfer all or any portion of the real property comprising the Common,Areas which the
Association owns, directly or indirectly (the granting of easements for public utilities or other
similar pUrposes consistent with the intended use ofthe Common Area shall not be deemed a
transfer within the meaning of this subsection);
(b) material change in the method of applying assessments and other lienable
charges to Lots (this restriction shall not apply to the determination of the amount or any
assessments or other charges);
(c) by act or omission change, waive, or abandon any scheme of regulations
or enforcement thereof pertaining to the architectural design, exterior appearance or maintenance
of Lots and the Common Areas (the issuance and amendment of Design Guidelines or
architectural standards and related procedures, Rules and Regulations, or use restrictions shall
not constitute a change, waiver, or abandonment within the meaning of this provision); ,
, ,Date Received:
35 - Declaration of Protective Covenants, Conditions and Restrictions
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Original Submittal
(d) fail to maintain insurance, as required by this Declaration; or
(e) use hazard insurance proceeds for losses to any Common Areas for other
than the repair, replacement, or reconstruction of such property,
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default
and which mayor have become a charge against the Common Areas and may pay overdue
premiums on casualty insurance policies or secure new casualty insurance coverage upon the
lapse of an Association policy, and First Mortgagees making such payments shall be entitled to
immediate reimbursement from the Association,
13.3 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the First Mortgagee of
any Lot ih the case of distribution to such Owner of insurance proceeds or condemnation awards,
for losses to or a taking of the Common Areas,
13.4 Notice to the Association. Upon request, each Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering such
Owner's Lot.
13.5 ADDlicabilitv ofthis Article. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the Declaration or
other Governing Documents, or under Oregon law for any of the acts set out in this Article,
13.6 Failure of Mortl!'al!ee to ResDond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have approved
such action if the Association does not receive a written response from the Mortgagee within
sixty (60) days of the date of the Association's request, provided such request is delivered to the
Mortgagee by certified or registered mail, return receipt requested, An affidavit from the
President of the Association indicating that a Mortgagee did not respond to a request and is
therefore deemed to have consented to the requested action, along with a copy of the return
receipt signed by or on behalf of the Mortgagee, may be attached to any amendment to this
Declaration and the Bylaws of the Association and shall be conclusive proof such Mortgagee's
consent.and approval of such action,
ARTICLE 14-AMENDMENT
14.1 General Amendments.
14,1,1 Except as otherwise specifically provided in this Declaration, this
Declaration may only be amended by Owners holding at least seventy-five percent (75%) of the
votes of the Association, and the consent of the Declarant so long as the Declarant is a Class B
member. Prior to the Turnover Meeting, however, Declarant shall be treated as a Class A
member with one (I) vote per Lot owned for purposes of voting on an amendment to this
Declaration under this Section 14,1. In no event shall an amendment under this Section 14,1: (a)
limit or diminish any right of Declarant reserved in this Declaration without the written consent
of Declarant; or (b) change the boundaries of any Lot or any uses to which any Lot is restricted
as stated in this Declaration, or change the method of determining liability for assessm~nt~th<;:" d
Uale ~elJelVe :
36 - Declaration of Protective Covenants, Conditions and Restrictions
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Original Submittal
method of determining the right to common profits of the Association or the method of
determining voting rights of any Lot unless the Owners of the affected Lots unanimously consent
to the amendment.
14,1.2 An amendment to this Declaration may be proposed by a majority of
the Board or by at least thirty percent (30%) of the Owners,
14,1,3 Upon approval of an amendment as provided herein, the president and
secretary of the Association shall execute an instmment amending this Declaration and certifying
that the amendment was adopted in accordance with this Declaration and ORS 94,590, which
certification shall be properly acknowledged in the manner of acknowledgment of deeds, and the
Board, of other duly appointed and authorized persons, shall record the instrument amending this
Declaration in the official records of Lane County, Oregon, No amendment to this Declaration is
effective ,until recorded, and the effective date of an amendment is the date of recording, unless a
later date is indicated in such amendment.
14.2 Declarant Amendments. In addition to specific amendment rights granted
elsewhere in this Declaration, the Declarant reserves the right to unilaterally amend this
Declaration for any purpose,.until conveyance of the first Lot to a person other than Declarant or
a successor declarant. Thereafter, Declarant may unilaterally amend this Declaration if such
amendment is necessary to (a) bring this Declaration into compliance with any provision oflaw,
including (but not limited to) regulatory amendments permitted by Section 14,3; (b) correct
scriveners' or clerical errors; and (c) add Additional Property pursuant to Section 13,1.
Declarant shall also have the right to unilaterally amend this Declaration for any other purpose
prior to the Turnover Date provided that the amendment has no material adverse effect ,upon any
right of any Owner, unless such Owner consents' to such change in writing,
14.3 Reimlatorv Amendments. Notwithstanding any other provisions of this Article
15, and consistent with terms of ORS 94,585, Declarant shall have the right to unilaterally amend
. '
this Declaration prior to the Turnover Meeting in order to comply with the requirements of the
Federal Housing Administration, the United States'Department of Veterans Affairs, the Farmer's
Home Administration of the United States, the Federal National Mortgage Association, the
Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any
department, bureau, board, commission or agency of the United States or the State of Oregon or
any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon
which insures, guarantees or provides financing for a planned community or lots in a planned
community,
ARTICLE IS-REMEDIES
15.1 Remedies. If any default by any Owner under the provisions of the Declaration
or other Governing Documents shall occur, the Association and any Owner shall have each and
all of the. rights and remedies which may be provided for in this Declaration and any of the other
Governing Documents, and those which may be available at law or in equity, and may prosecute
any action or other proceedings against such defaulting Owner and/or others for enforcement of
any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a
receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or
specific performance, or for judgment for payment of money and collection thereot';)art@R!~eived:
37 - Declaration of Protective Covenants, Conditions and Restrictions
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combination of remedies, or for any other relief, but in all cases subject to the limitations and
requirements Section 15,2 and the Act. No rights or remedies herein provided oravailable at law
or in equity shall be deemed mutually exclusive of any other such remedy, Any and all of rights
and remef'ies may be exercised at any time and from time to time, cumulatively or otherwise, by
the Association or any Owner.
To the extent allowed by law, notwithstanding any other provision of this Declaration or
other Governing Documents, the Associationshall not expend in excess of$5,000 for attorney
fees and costs for any reason unless such expenditure is first approved by Owners holding at
least fifty percent (50%) of the votes of the Association, The foregoing limitation shall not apply
to actions for delinquent assessments or other charges under this Declaration or the Governing
Documents; actions to appoint a receiver; actions to summarily abate, enjoin and remove a
structure or condition that violates this Declaration or the other Governing Documents; or for the
defense of the Association of an action or proceeding brought against the Association (except for
non-mandatory counterclaims),
All expenses of the Association in connection with any actions or proceedings, including
court costs and attorneys' fees and other fees and expenses, and all damages, liquidated or
otherwise, together with interest thereon at the maximum rate permitted by law from the due date
until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to
and deemed part of his or her respective assessment (to the same extent as the lien provided
herein for unpaid assessments) upon the Lot and upon all of his additions and improvements
thereto, and upon,all of his personal property upon the Lot.
15.2 DisDute Resolution. Before initiating litigation or an administrative proceeding
in which the Association andan Owner have an adversarial relationship, the party that intends to
initiate litigation or an administrative proceeding shall offer to resolve the problem through a
dispute resolution program pursuant to terms of ORS 94,630(4), The written offer to resolve the
dispute rriust be hand-delivered or mailed by certified mail, return receipt requested, to the other
party at the address contained in the records of the Association, The requirements of this Section
15,2, however, do not apply to circumstances in which irreparable harm to a party will occur due
to delay or to litigation or an administrative proceeding initiated to collect assessments (other
than assessments attributable to fines),
15.3 Attornevs' Fees. If an action or proceeding is commenced to enforce the terms
of this Declaration, the prevailing party shall be entitled to its attorney fees and costs in such suit
or actionto 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 shall be entitled to its reasonable attorney fees incurred in any enforcement activity
taken to collect delinquent assessments, whether or not suit or action is filed,
,I
ARTICLE 16- GENERAL TERMS
16.1 Successor Declarant. Declarant may assign and delegate one or more of
Declarant's rights and obligations hereunder to one or more successor declarants, Each such
assignment shall (i) be in writing, (ii) be recorded in the real pro'perty records of Lane County,
Oregon, (iii) specify the rights and obligations being assigned and delegated to the successor
declarant, and (iv) identifY the portion of the Subdivision to which the assignmelltJ)l;~rt&iQ':;', ' d'
, Uale ~eCelVe .
38 - Declaration of Protective Covenants, Conditions and Restrictions
pOX/It 151 31t53678/RS'B/5286350.2
DEe 1 8 2009
Original Submittal
16.2 Term. The covenants and restrictions of this Declaration shall run with and bind
the land for a term of twenty (20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods of twenty (20) years unless
amended or terminated as provided in Article 14,
16.3 Ri!':hts and Obli!':ations. The provisions ot: this Declaration and the other
Governing Documents and the rights and obligations established thereby shall be deemed to be
covenants running with the land and shall inure to the benefit of, and be binding upon, each and
all of the Owners and their respective heirs, representatives, successors, assigns, purchasers,
grantees and Mortgagees, By the recording or the acceptance of a deed conveying a Lot or any
ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed
shall be deemed to accept and agree to be bound by and subject to all of the provisions of this
Declaration and the other Governing Documents, whether or not mention thereof is made in said
deed,
16.4 Waiver. No restriction, condition, obligation or provision contained in this
Declaration shall be deemed to have been abrogated or waived by reason of any failure to
enforce the same, irrespective of the number of violations or breaches thereof that may have
occurred and the number oftimes that the pertinent restriction, condition, obligation or provision
was not enforced,
16.5 Severabilitv. Invalidation or partial invalidation of any provision of this
Declaration shall not affect any of the remaining provisions of the Declaration,
16.6 Personal Pronouns. All personal pronouns used in this Declaration, whether
used in the masculine, feminine or neuter gender, shall include all other genders; the singular
shall include the plural, and vice versa,
16.7 Headin!':s. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Declaration,
16.8 Conflicts., If there is a conflict between the terms of this Declaration and any
other Governing Documents, this Declaration shall control.
16.9 Security. The Association may,'but is not obiigated to, maintain or support
certain activities within the Subdivision designed to increase security within the Subdivision,
NEITHER THE ASSOCIATION NOR THE DECLARANT SHALL IN ANY WAY BE
CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE
SUBDIVISION, AND NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OR
DAMAGp BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR
INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN,
[Signature appears on the following page]
Date Received:
39 - Declaration of Protective CoVenants, Conditions and Restrictions
PDX/l I 15131l53678/RSB/5286350 2
DEe 1 8 2009
Original Sul:>mitta'
IN WIlNESS WHEREOF, the Declarant has executed and delivered this instrument on
the n-t..... dayof~~2009,
, ,DECLARANT:
HAYDEN HOMES, LLC,
an Oregon Limited Liability Company
B~
Name:~~
Title: (.E. 0
STATE OF OREGON )
) ss.
, County of Deschutes )
The foregoing instrument was acknowledged before me this II-\!' day of ~
2009, by ~j("\ \ .n~ the....c J::() of Hayden Homes, LLC, an Oregon
LimitedLiability Company, on behalf of the company.
. ~rn\a., ~(S\~ :0
,'N<,>tary Rublic, , te'ofOregon
<My:,<;:onjinissioniExpir~s: ,~\ B, Gnl \
---- I
. OFFICIAL ,seAL ' ,
KIMBERLY GUTHRIE J
NOTARY PUmC-OREGON i
, , COMMISSION NO. 418529 'i ',',
, ., c. _ __~Y~~~~O.!l !X~~~l~L28~21~! '
';
'. ''V.::<":
Date Received:
40 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlt I t5IJ/lS3678IRSBIS2863S02
DEe 1 8 2009
Original Submittal
J!:XHIBIT A
PROPERTY SUBJECT TO DECLARATION
Real property located in the City of Springfield" County of Lane and State of Oregon, being more
particularly described as follows:
Lots 1 through IOl,and Tracts S, C, D, E and F, Westwind Estates, as shown on the plat
thereof recorded in the plat records of Lane County, Oregon contemporaneously
, herewith, '
Date Received:
DEe 1 8 2009
Original Submittal
EXHIBIT A
PDX/1115 t3/153678/RSB/5286350.2
EXHIBIT B
PDXI] t t513/153678/RSBI5286350,2
EXHIBIT B
BYLAWS OF THE ASSOCIATION
Date Received:
DEe I 8 2009
Original SUbmittal
EXHIBIT C
LEGAL DESCRIPTION OF COMMON AREAS
Real property located in the City ofSpringtield,.County of Lane and State of Oregon, being more
particularly described as follows:
, Tracts B, C, D, E and F, Westwind Estates, as shown on the plat thereof recorded in the
plat records of Lane County, Oregon contemporaneously herewith,
Date Received:
DEe 1 8 2009
EXHIBIT C
PDX/111513/I 53678/RSB/5286350.2
Original Submittal
EXHIBIT D
PDX/111513/153678/RSB/5286350.2
EXHIBIT D
BUILDING ENVELOPES
Date Received:
DEe 1 8 2009
Original submittf'1
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TABLE OF CONTENTS
Page
ARTICLE \ - DEFINITIONS ,....,..,..,..,..,..,..".."..,..,..,.."..,..,..,..,.."..,..,.."..,..,.."..,.."..,..,..,..,..",.. \
\,\ "Act",..,....,...."'....,..,..,..,..,..,.."..,'..,..,..,.."..,..,..,.."..,..,..,..,.."..,.."..,..,.."..,..,..,.."..,,\
\,2 "Additional Property" ,..,..,.."..,.."..,..,..,.."..,..,..,..":,:....,.."......"..,..,..,,..,..,..,..,......,,\
\,3 "Annual Assessments" ..,.."..,..".."..,...."..,..,..,..,..,.."..,..,..".."..,.."..,.."...."..,..,.."..:2
I .4 "ARC" ....,..,...."",..,..'..""",.."..,.."..,...."..,..,..,..,.."..,..,..""'..',..,.."..,..,..,.."..,..,,..,.. ,2
\,5 "Association" ""....,..,..,..,..,..,..".."..,..,..,..,..,..,.."..,..,..,..,.."..".."..,.."....,..,..,..".." ..,2
\,6 "Base Assessments" ....,..,..,..".."..,..,..,..,.."..,..,..,..,..,.."..,..,....,..,..,.."..,..,..,..,..,......,2
\,7 "Board" ,..,..",....,......"".."",..".."..",.."..,..,..,..,..,.."..,..,..,..,....,.."..,..,..,..,..,..,..,.." ..,2
\,8 "Builder" "..",....",..,....,.."....",.."..,....,.."..,..,.."",..,:"",..,.."......,..,.."..,..,..,..",..".., ,2
\,9 "Bylaws" "....,....,......,..,.."",.."..,.."..""..,..,..,.."...." ......,..,..".."..,..,..,..,..,..,..,..,..".., ,2
\,\ 0 "City" ......"......,......,..,..,..,..,......",....,..,..,..,..,.."..,..,..,.."..,..,.."..,..,..,..,..,..,..,..,.."..,.2
I,ll "Common Areas" ........,:..................................................,..,......,....,........................, 2
\,\2 "Common Maintenance Areas" ................................,..............................................3
\,\3 "Conversion Date" ....,..,..,..,..........,..,....,......,..........................,..,..,.............,............3
\,14 "County" ,....,....",..",..,..,..,..,......"..,..,..,..,..,.."...."..,..,..,..,..".."..,..,..,..,....,..,..,......,.3
\,\5 "Declarant" ......,......,..,..,..,.."..,.."..,..,...."..,..":"..,..,..,..,..,......,,..,..,..,..,..,....,..,..",...3
\,\6 "Declaration" ........'..",..,..,..,....,..,..,..,..,..,.."..,..,...."..,..,..,....,..,..'..,..,..,..,..,..,..,.."...3
\,\7 "Design Guidelines" ............................................,..................................................,3
\,\8 "Directors" ,.."'.....,'..,..'....".."..,.."..,..,..,..,..,..,..,.."..,..,..,..,,..,,..,..,..,....,..,.."...."..,..,3
\,\9 "Governing Documents" '...."..',..',..'....,.."..,..,..,.."..,..,..,..".."..,....,..,.."....,..,.."..,..,3
\,20 "Improvement""......,..,..,..,..,......:""..,..,.."....,..,.."..,..,.."..,......,...."..,..,..,..,..,..".....4
\,2\ "Lot" .."""..,......,......,..,..,.."..,......,.."...."..,..,..,..,..,..,.."..,.."",..,..,..,..,..,..,.....,......,..4
\,22 "Mortgagee" ....,.... .......,..,.." .....".."....,..,.."..,..,..,..,.."..,.."..,......,....,..,..,..,..,..".."..,.4
\,23 "Owner" ,....,..,......",..,..,..,..,......"..,..,...."..,..,....".., ,:"..,..".."..,..,..,..,..,..,.., .....,..,.....4
1,24 "Plat" ,....,..,....,......,..,....,..""......"..,..,..,..,..,..,..,..,..,..".."..".."..,....,..,..,..,..,..,..,.."..,.4
\,25 "Property" ,..",......,....,.."",....".."..,..,..,.."..,..",..,..,.."..,.."..".."..,..",..,..,..,..,..,..,..,..4
\,26 "Reserve Account Assessments" ..,........,..,..,..,..........................,........,....................5
\,27 "Rules and Regu\ations" ..,..,.."..".......,......,..,..,..,.."....,..,..........,'....,..,..'..,....,..,,....,5
\,28 "Special Assessments" ..,..,..,..".."..,..,....,'..,..,..,..,..,.."..,....",..,..,..,..,..,..,..,....,..,..,..,5
\,29 "Specific Assessments" ,..,..,.."..,.."..,...."..,..,..,..,..,..:..,..,.."..,..,..,..,..,.."....,...."..,..,5
\,30 "Stormwater Maintenance Agreement" ..,..,..,..,..,..,..,..,..,.."..,..,..,..,..,.."....,..,..,..,..,5
\.31 "Subdivision" ......,....,..,..,..,..,..".."..,..,..'..,..,....,..,.."..,..,..,..,......,..,..,..,..,..,..,..,..,..,..5
'\.32 "Transitional Advisory Committee" ............................,..,...........................,........,',..5
\,33 "Turnover Meeting" ....,..,..,..".."..,..,..,..,..,..,:"....,......,..,..,..,......"...."..,..,..",.."..,..,,5
\,34 "Unit" ..,....,....",....",..,..,..,..,..,..".."...."....,..,..,...."..,..,..,..,......,'..,..,..".., ",..,......,.. ..,5
ARTICLE 2 -ASSOCIATION ....,....'..,..,..,..".."..,..,..,..,..,....,..,..,.."..,..,..,..,......"..,......"..,..,....,.." 5
2,\ Membership ..,......,.. ..,..,..,..,..".."..,..,..,..,..,....,..,..,.."..,..,..,....,.."..,..".."..,....,..,....,..6
2,2 Voting Rights,.. .......,....,..,.."..,......,..,..,..,..,..,..,..,..,..,..,..,.."......" ......"..,..,....,..,..,....6
2.3 Suspension,......,......""..,..,..,..",.., .....'...."....,..,..,..,..,.."..,.."..".."..,..,.."..,..,....,..,.., ,6
ARTICLE 3 - ASSOCIATION FINANCES ..,......................,...................................................., 6
3,\ Budgeting, ....,......,....,..,....,.."..,....,....,..,..,..,....,..,..,......,..,..........".."..,......,....,..,..,.. ,6
3 ,2 Base Assessments, ,..,..'..,..,..".."..,..,..,..,..,..,....,..,..,..,.."..,.."......"..,.."..,..,...."..,...., 7
3.3 Replacement Reserve Assessments, ..,...................."..'.....D'atEfReceiVett..,:,..7
r:
!
i-TABLE OF CONTENTS
PDXllll; IJ/1;J678IRSB/;286J;O,2
DEe 1 8 2009
Original SYbmittal
3.4 Specific Assessments, ........, ....., '.',.."..,.."...., ,..,..,..,..".."..,......,..,..,.."..,..".."..,.."..,,9
3 ,5 Special Assessments, ..,..,..,..,..,.."",.."..,..,...."..,..,.."..,....,..,..,..,.."..,..,.."..".."..,..,..9
3 ,6 ' Reimbursement Assessments, ,'...."..',..,..,..,..,.."..,..,..,..".."..,..,..',..,..,..,.."..,....,..,.., 9
3,7 Commencement of Assessments..,.."..,..,..""..,.."..,..,..".."..,..,..".."..,.."..".."""..", 9
3,8 ' Obligation for Assessments, ....,..,..,:...,........,............................................,............10
3,9 Lien for Assessments, ........................................................,..,..................,....,........11
3,10 Interest; Late Fees; Fines, ................,............................,......,.................................11
3,11 Acceleration of Assessments, ............,......................,..................,....,....................11
" ,
3,,12 CertIficate of Payment. ..~..,..................,......,............,............................................,12
3,13 Reallocation Upon Annexation of Additional Property,...............................,........ 12
3,14 No Reimbursement to Declarant.:..........................................................................12
ARTICLE 4 -- EASEMENTS AND RIGHTS OF ENTRy..............,..........................,.............., 12
4,1 Plat Easements, ..,....,....,..,..,..",..,:,.."..,....,..".."..,..,..,.."........,.."..".."..,..,.."..,.."..12
4,2 Owners' Easements in Common Areas, ................................................................12
4,3 Easement of Encroachment...,..,..,..,..,..,..,..,..".."..,..,..".."..".."....,..,..,.."..,..,.."..,,13
4.4 Easements for Utilities, Etc..,.."..,:,.."...."...."......,..,..,....,..".."....,.."...."..,..,,..,.....13
4.5 Easements to Serve Additional Property, ..............................................................13
4,6 Easements for Maintenance, Emergency and Enforcement. ................................,14
4,7 Easement to Inspect and Right to Correct.......................................,........,............, 14
4,8 Perimeter Fence Easement,.."....,:..,..,..,..,..,.."..,..,.."..,.."..",..".."..,..,..,.."..",..,..,,14
4,9 Retaining Wall Easement.,.."..,..,..,..,..,.."....",..,...."..,......".."..".."""",..,..".."..,..14
4,10 Special Declarant Easements, ..........................,....................................................,15
ARTICLE 5 -- COMMON AREAS ..........,..............,........,....,:....,..,........................,.................., 15
5,1 Use of Common Areas, .....................,..,......................,....................,..,..................15
5,2 Alienation of Common Areas, ......,..................,......,..............................................16
5,3 Conversion of Lots to Common Areas, ..........,..................................................,..,16
5.4 No Partition, .....',..,....,..,..,.."..,..""..,.."....,..".."..,..,..,.."..,..,..,.."..,..,..,........"..,..,..16
5,5 Title to Common Areas,............,.'......,..................,................................,................ I 7
5,6 Damage or Destruction By Owner.......,..................,..,......,....................,..,............17
ARTICLE 6 -" MAINTENANCE.........................,..,..,..,......................,..,..................,..,..,.........., 17
6,1 Maintenance by Association, ....................................,..............................,............,17
6,2 Maintenance by Owner. ..,..,.."..,...."..,..,..,..',..,..,.."........,.."..,......,....,..,..,..,..,,....,,18
6,3 Maintenance During Construction, ........................................................................18
6.4 Maintenance Right of City, ..............................,............................,..,..,..................18
ARTICLE 7 - ARCHITECTURAL REVIEW..,....................,....",..,..,........................,..,.."........ 18
7,1 Architectural Review Committee, ..,..,..,........................,............................,..,..,....18
7,2 Design Guidelines, ....,..,..,..,.."..,..,..,.."....,...."..,..,..".."...."..":,..,,..,..,...."........,..,,19
7.3 Scope of Review, ,................................,..,..,.........................,..:..........,..............,..,..19
7.4 Submission of Plans, ,..,..,..,..,..,..,..,......,..,..,..,..,..,.."..,..,..,..,..,..',..,.."....,..".."..,..,,19
7,5 Plan Review. ............,..'"..,..,..,..,.."..,..,..,..,..,..,..,......,.."..,..,....".."..,..,..,..,..",...., ..20
7 ,6 Non"conforming Structures, ..'..,..,.."..,....,..,.."..,.."..,..,..,..,.."..,.." ,...."........"..,.. ..20
7,7 Immunity of ARC Members, ................................................................................,20
, 7,8 Limited Review"....,..""".."...."..,.."..,....,..,..,.."..,..,.."..,.."..,.."....,..,..,..,.."..,..,.. ..20
7,9 Address for Notice, ..,..,..,..,..,..,"~,..,.."....,...."..,..,..,..,..........,.................................20
7,10 Appearance and Design of Subdivision, ....'......,Da.te..Rer.,ebI.6,d:............,......20
7,11 Declarant Exempt; Construction by Declarant. ................,......,:..~...........,..,....,....,21
DEe 1 8 2009
Original Submittal
ii - TABLE OF CONTENTS
PDX!11 t5 U/153678/RSB/5286350.2
'-
7,12 Approval of Builder Plans, ......,........,..,......,..,................,......,..,..,..,......,..,........,..,21
ARTICLE 8,-- INSURANCE ..........................................................................,:......................,.... 21
8,1 Association Insurance Coverage, ..........................................................................,21
8.2 By Owners, ..,..,..,....,..,..,..,....,..,.."....,..,.."..,..,.."..".."..,..,..,.."....,..,..".."..,..".."" ,23
ARTICLE 9 -DAMAGE OR DESTRUCTION ....,............,..,................,......,..,..,........................ 23
9,1 Common Areas, ,..,..,..,..,..,...."",..,...."",..,..,..,.."..,....,..,..,..,..""..,,..,..,.."..".."..",,23
9 ,2 Units, ,.....,..,..,....,..,..,....,.."...."..,..,..""",..,.."..,..,..".."...."..,..""..".."..,..,..,.."...." ,24
ARTICLE I 0 -CONDEMNATION ................,................................,............,......,..,..,......,.......... 25
ARTICLE II - USE RESTRICTIONS,..........................................................................,............, 25
11,1 Residential Use, ......................................,..................................,............,..,..,........25
11,2 No Tree Removal. ..................................................................................................26
11,3 No Improvements or Fill Material. ,..,......................................,..,..,........,........,....,26
11.4 ,Rental Restrictions, "..,...."".."..,..,..,....,..".."..,..,..".."....".."..,...,..,..,..,..,...."..,..",26
11,5 Air Conditioning Units, ........................................................................................,26
11,6 Nuisances, ...., ,.,..",...."...."....,.."..,..,....,..,.."..",........"..""..,......,..,..,..,..,..""..,.." ..26
11,7 Temporary Structures"....,..,..,.."..,..,....,..,..".."""..,.."..,..,..,.."..,..,....:.."..""",.."..26
11,8 Signs",....,..,..,....,..,...."....,..,..,..,..,.."....,..,..".."..,.."..,.."..,..,..,.."..,..,.. ........,..,.." ..,2 7
11,9 Parking, ,....,..,....,....,.."....,..,..,.."..,..",..,..,..".."..,.."..""""..,......,..,..,...."....,..,.." ..,28
11.10 Campers, Boats, Recreational Vehicles and other Non-Passenger Vehicles, ........28
11,11 Commercial Vehicles, ............................................................................................28
11,12 Disabled Vehicles or Vehicles in Disrepair. ..........,:..............,..,.....,..,..,..,........,....28
11,13 Maintenance or Repair of Vehicles,..,..,......,......,............,...............,....,......,..,......,28
11,14 Pets, Livestock and Poultry............,....,..........,..,..,....,............................................28
11,15 Garbage and Refuse Disposal. ..............................................................................,29
11,16 Detached Buildings, ..............................................................................................,29
11,17 Fences and Hedges,................................................................................................29
11,18 General Landscaping, ..............................................:..............,..............................30
11,19 Antennae and Satellite Dishes, ......,..,..,................,................................................30
11,20 Clothes Hanging Devices............,..,.....................,....,..,..,......................................30
11,21 Window Treatments, ..,..,..",..,..,.."..",..,..".."".."..".."....,..',........',....,..,..,..,...."....30
11,22 Oil and Mining Operations, ..,......:....................................................,....................30
11,23 Garages, ....,..,....,....,.."....,..,..,.."..,....,..,..,..".."..,..,.."..,..,..,..,..,..,..,..,..,..,...."......,.30
11,24 Building Envelopes, ..........................................,.........................................'............31
11,25 Setback Lines, ............................,:......................................................,........,..........31
11,26 Athletic and Recreational Facilities, ................,....................................................,31
11,27 Water and Sewage Systems, ..........................................,........,..........,........,..........31
11,28 Exterior Holiday Decorations, ....................................,....,....................................,31
11,29 Retaining Walls"..,..,..,..,..,....,..,..,..""..,..,.."..,..,..,.."..,..,..,..,..,..,..,..,..,..,..,..,..,....,,31
11,30 Household Chemicals, ......................................................,..,..,..,..,........................31
11.31 Prohibited Plants, ......,..,..............,..,..................................,....................................31
11.32 Rezoning Prohibited,..,..,..,....,.."..,..",.."..,..,..,..,..,.."..,..,..,..,..,,..,..,..,..,........".."..,32
11.33 Lot Consolidation and Division, ..........,..,....................................................,........,32
11.34 Drainage Alteration Prohibited, ..............................,......,......................................,32
ARTICLE 12 -SPECIAL DECLARANT AND BUILDER RIGHTS....................................,.. 32
12,1 Development and Sales Activities, ............,..,..............................,..,......................32
12,2 Control of and Changes in Development Plan..............-Date-R-eCetved-:........33
DEe 1 8 2009
iii - TABLE OF CONTENTS
PDXlII15IJ/153678/RSB/5286J50.2
Original Submittal
12.3 Right to Transfer or Assign Declarant Rights................................,,!,,..,..........,......33
" 12.4 Right to Convey Tract C, ............................,....................................:......................33
ARTICLE 13 - ANNEXATION ............................................................................)..................,.. 33
13,1 Annexation by Declarant. ......,..,..,.."..,..,..,....,.."..,..,.."..,..,..,..,..,..,!...."..,..".."..,..33
13,2 Annexation by Action of Owners, ..................................................1......................34
ARTICLE 13 -- MORTGAGE PROVISIONS......................................,..,............,i...................., 35
13,1 Notices of Action, ....,..,..,..,....,..,..,............,....................................,;..................,...35
13,2 Special FHLMC Provision,..,..,..,...."..,..,..,.."....,..,..,.."..,..,..,.."..,..,..,..,........".."..35
13.3 No Priority, "...."....,..,..,..,..,..,....,..,..,..,..".."..,......"..,..,..,..,.."",.."..,..,..,...., ....." ..,36
13.4 Notice to the Association, ",.."""",.."".."..,..""".."..,..,..,..,.."..,......"..,..,..,.."..",..36
13.5 Applicability of this Article, ........................................,........,....................,...,..,....36
13,6 Failure of Mortgagee to Respond, ........................,................................,......,..,.....36
ARTICLE 14 -AMENDMENT "..,..,....,..,..,..,...."..,..,..,..".."..,......,.."..,..".."..,..,..,..,..,..".."..,.. 36
14,1 General Amendments"....,..,..,..,..,..,..,..,.."..,......"..,..,......,....,..,.."..,..,....,......,.... ...36
14,2 Declarant Amendments"".."....,..,..,..,..,.."..,....,..,..,..,.."..".."..,.."..:....,..,.... ,...."...3 7
14.3 Regulatory Amendments, .....,..,..,..,..,..,......"..,......,.."..,..".."..,..,..,.."...."..,..,..,..,.3 7
ARTICLE 15 ,-REMEDIES ..,....,..,..,..,..,..,....,..'.."..,..,.."..".."..,..,..,..".."..,..,'..,..,..,..,..,.."..,..,.. 3 7
15,1 Remedies, ..,..,....,..,..,..,..,..,..,..,...."....,.."..,.."'..,.."..,..,.."..,..,,,..,..,..,..,...."..,.."....,,3 7
15,2 Dispute Resolution,..,....""..,..,..,..,..,..,..,..,....,.."..,.."........".."........,..,..,..,..,..,.......3 8
15.3 Attorneys' Fees, ,.."...."....,..,..,..,..,..,..,.."..,..".."..,..,..".."........,:..",',..,....".."..,..,..,38
ARTICLE 16 - GENERAL TERMS............................,......................................,......,....,............ 38
16,1 Successor Declarant. ,..,..,..,..,..,....,.."..,..,..,..",.."..,..,.."..,.."..,..,..,..,..,..,..,.."..,......38
16,2 Term, ..,....,..,..,..,....,..'..'..,..,..,..,....,.."..,..,..,..",.."..,..,.."..,..,..,..,.." ,,',..,............,.... ..39
16,3 Rights and Obligations, ,....,..,..,..,..,..,..,.."..,....,..,..,'..,.."..,..""..,..,..,..,..,.........."..,.39
16.4 Waiver. ..,.."""..,..,..,..,..", ..,.....,..,..,..,..,.."......"..,..".."..,.."....,..,.., ..',..,..,.."..".."..,.39
16,5 Severability, ..,..,..,..,..,..,.., .....,...."....,'..,..,..".."......,....,..,..,..,..,..,....,.."..,........,.." ..39
16,6 Personal Pronouns,..,..",..,..,..,..,..,..,..,..,..,..".."......".."..,..,..,....,.." '".."..".."....,..,' ,3 9
16,7 Headings, ....,....,..,.."...., .....,..,.., ..,..,..,..,.."..".."..,..".."..,..,..,..,...."..,..,.., ....,........, ,39
16,8 Conflicts, ,....,..,..,..,..,..,...."..,....,..,..,.."..,..,.."......"..,......"....,..,..,..,..,..,.."........,..".39
16,9 Security, "..",...."..,..,..,....,.."..""....,.."..,.."..,.."..".."..,.."..,....,..,..,;"..,..,....,..".." ..39
Date Received:
DEe 1 8 2009
Original submittal
iv - TABLE OF CONTENTS
PDXIl I 15 13/153678fRSB/5286350.2
,.. .,
"
BYLAWS OF WESTWIND EST A TES HOMEOWNERS ASSOCIATION
i
ARTICLE I
NAME AND LOCATION
,
The name of the Association is the Westwind Estates Homeowners Association, an
,
Oregon nonprofit corporation, hereinafter referred to as the "Association," The initial registered
office of the Association shall be located at 2464 SW Glacier Place, Suite 110, Redmond,
Oregon 97756,
r
ARTICLE II
DEFINITIONS
2.1
"Act"
"Act" shall mean the Oregon Planned Community Act, being ORS 94,550 et seq" as
amended'[rom time to time,
c
2.2 "Association"
"Association" shall have the meaning given in the introductory paragraph to these,
Bylaws,
2.3 "Board"
"Board" shall mean the Board of Directors of the Association,
2.4 "Conversion Date"
"Conversion Date" shall be the date upon which Class B membership shall cease and be
converted to Class A membership, Such date shall be the date which is the earlier of (i) the date
at which seventy-five percent (75%) of the total Lots anticipated to be created within the
subdivision have been conveyed to Class A members; (ii) ten' (10) years after conveyance of the
first Lot to a Class A member; or (iii) upon elec~ion in writing by Declarant.
2.5 "Declarant"
"Declarant" shall mean Hayden Homes, LLC, an Oregon limitedliability;company, and
its successors and assigns who are designated as such in writing by Declarant, and who consent
in writing to assume the duties and obligations of Declarant with respect to the Lots acquired by
each successor or assign,
2.6 "Declaration"
"Declaration" shall mean and refer to the Declaration of Protective Covenants,
Conditions, and Restrictions for Westwind Estates, and any amendments or supplements thereto
made in accordance with its terms,
Date Received:
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I
2.7 "Directors"
"Directors" shall mean the Board of the Association,
2,8 "Governing Documents"
"GoverninQ Documents" shall mean the Declaration and the Article ofIncorporation,
Bylaws and Rules and Regulations of the Association, all as may be amended from time to time,.
2.9 "Lot"
"Lot" shall mean the plots of land indicated as such on the Plat. The terill "Lot"
specifically excludes '<;:ommon Areas, ' '
2;10
"Member"
,
)
"Member" or "Members" shall mean Declarant and every record owner, ,whether one (I)
or more_persons or entities, offee simple title to any Lot, including contract sellers, but
excluding those having an interest merely as security for the performance of an obligation,
There shall be two (2) classes of membership, Class A and Class B, as described, in Section 2,2
of the Declaration and in 'Section 3.3 of these Bylaws, All Members shall also be Owners,
2.11
"Owner"
,
I
"Owner" or "Owners" shall mean Declarant and every record owner, whether one or
more persons or entities, of a fee simple title to any Lot, including contract sellers, but exclu'c!ing
those having an interest merely as security for the performance of an obligation, -1 All Owners
shall also be Members, I
i
2.12
"Plat"
I
"Plat" shall mean the plat map or maps described in Article I of the Declaration, '
,
, I
2,13
"Property"
I
I
"Prooertv" shall mean the real property describ~d in Exhibit A to the De~laration and
such additions thereto as may be brought within the jurisdiction of the Association and be made
subject to the Declaration, . ':
I
2.14 "Transitional Advisory Committee"
I
"Transitional Advisorv Committee" shall mean the committee described in Section 4,2 to
assist in transitioning administrative responsibility for the Association from Declarant to the
Members,
2.15 "Turnover Meeting"
~'Turnover Meeting" shall be the meeting called by the Declarant for the purpose of
turning over administrative, responsibility of the Association to the Members'Da~e Received:
2 - Bylaws for Westwind Estates Homeowners Association
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Origina\;submitt<ll
2.16 Other Terms
I '
'/.. -
Capitalized tenns used herein without definition shall have the respectiv~ meanings, given
to them in the DeClaration, " I
I
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
3.1 Membership I
1
The Declarant and every Owner of a Lot by virtue of being an Owner of a Lot shall be a
Member,ofthe Association, Membership shall be appurtenant to and shall not be separated from
ownership of any Lot. Transfer of ownership of a Lot shall automatically transfer membership in
the Association, Without any other act or ackno:Nledgment, Owners shall be goverri6d and
controlled by the Governing Documents, There shall be two classes of membership, Class A
I
and Class B, as described in Section 3,3 of these Bylaws, ,I,
"
3.2
Suspension
, 'I
All voting rights of a Member shall be suspended during any period in which such
Memberis delinquent in the payment of any assessment duly established pursuaAt to the
Declaration or is otherwise in default hereunder or under any other Governing Documents, The
Board may also suspend the Member's right to use of any of the Common Areas!during such
period of default. I
I
I
3.3
Voting Rights,
The Association shall have two (2) classes of voting membership:
A, Class A
Class A Members shall be all Owners with the exception of Declarant (provided that
Declarant shall become a Class,A member from and after the Turnover Date) and shall be '
,
entitled to one (I) vote for each Lot owned, When more than one (I) person holds an interest in ,
any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as they
among themselves detennine, and in no event shall more than one (I) vote be cast with respect to
any Lot. If the co-Owners ofa Lot cannot agree upon the vote, the vote of the' Lot shall be
disregarded in detennining the proportion of votes with respect to the particular matter at issue,
B. Class B i
i
The Class B Member shall be the Declarant, who shall be entitled to three (3) votes for
each Lot it owns, The Class B membership shall cease and be converted to Clas~ A membership
on'the Conversion Date, I
Date Received:
,
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ARTicLE IV
MEETINGS OF MEMBERS
4;1 Initial Meeting
I
The initial meeting of the Association shall be hcld within one (I) year after the
Association is fonned by filing of the Articles ofIncorporation, Declarant shall call the initial
meeting by written notice to each Owner in accordance with the requirements of Section 4,6,
, , I
except that Declarant shall fulfill the role of secretary, .
4.2 Transitional Advisory Committee
Unless the Turnover Meeting has been held, the Declarant shall call a meeting of the
, ,
Members for the purpose offorming the Transitional Advisory Committee to assist in
'transitioning administrative responsibility for the Association from the Declarant to the Members
within sixty (60) days after the conveyance to Owners other than the Declarant 6ffifty percent
(50%) or more of the Lots then existing in the Subdivision: If the meeting is not:called by the
Declarant within the time specified, the meeting may be called and notice given by any Member.
Notice of the meeting shall be given in accordance with the requirements of Section 4,6,
The Transitional Advisory Committee shall be advisory ~nly and shall cdnsist of three (3)
or more members, with two (2) or more members selected by Members other than Declarant and
no more than one (I) member selected by Declarant. The Transitional Advisory'Committee
members shall serve until the Turnover Meeting, If at the meeting to form the Transitional
Advisory Committee the Members, other than the Declarant, fail to select a Transitional
Advisory Committee, the Declarant shall have no further responsibility to form the Transitional
Advisory Committee, The requirement for a Transitional Advisory Committee shall not apply
once the Turnover Meeting has been held, The Transitional Advisory Committee shall have
, reasonable access to all infonnation arid documents which Declarant is required to turn over to
t~e Association under ORS 94,616,
4.3 Turnover Meeting
The Declarant shall call the Turnover Meeting for the purpose ofturning:over
administrative control of the Association to the Class A Members within ninety (90) days
following the Conversion Date, If the Declarant does not calLthe Turnover Meeting within the
time specified, the Transitional Advisory Committee or any Ownermay call the :Turnover
Meeting,' Notice of the Turnover Meeting shall be given in accordance with the requirements of
Section 4,6, At the Turnover Meeting, the Members shall elect a new Board indccordance with
the terms of Article V, and Declarant shall deliver to the Board the information and documents
required by ORS 94,616, In order to facilitate an orderly transition, during the three (3) month
, ,
period following the Turnover Meeting, Declarant or an informed representative shall be
available to meet with the Board on at least three (3) mutually acceptable dates to review the
infonnation and documents delivered to the Board pursuant to this Section,
4.4 Annual Meetings
, The Association shall hold a meeting of the Members each calendar year. Such annual
meeting shail be held 'on a date and at a time de,signated by the Board from tiaatGltfiffepmiYed:
DEe 1 8 2009
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notice of the annual meeting shall be sent to all Members in accordance with the requirements of
Section 4,6, Annual meetings may not be conducted by written ballot.
At the annual meeting, new members of the Board shall be appointed or elected (as
applicable) to replace those members whose terms have expired pursuant to the terms of Section
5,3, and the Board shall transact any other business within the powers of the Association,
, '
The order of business at annual meetings of the Association shall be:
(a) Calling of the roll and certifying of proxies;
(~) Proof of notice of meeting or waiver of notice;
(c) Reading of minutes of preceding meeting;
(d) Reports of officers;
(e) Reports of committees, if any;
(f) Election of Directors;
(g) Unfinished business;
(h) New business; and
(i) Adjournment.
/
4.5 Special Meetings
Special meetings of the Association may be called at any time by the president, by a
majority 'of the Board, or by written request of Members entitled to cast at least twenty percent
(20%) of the votes of the Association, Notice of a special meeting shall be sent to all Members
in accordance with the requirements of Section 4,6, and business transacted at a special meeting
shall be restricted to the purposes set forth in such notice, '
4.6 Notice of Meetings
L
Written notice of any meeting of the Association shall be given by the president,
secretary or other person auth6rized by the Board to call a meeting at least ten (10) days but not
more than fifty (50) days before such meeting, The notice shall be sent to each Member, and to
each Mortgagee who has requested notice, by first class mail, electronic mail or facsimile to the
physical address, e-mail address or facsimile number last appearing on'the books of the
Association (or to such other physical address, e-mail address or facsimile number as a Member
or Mortgagee has designated in Writing to the Association at least ten (10) days prior to the
giving of such notice of meeting); provided, however, that a notice of (i) failure to pay
assessments, (ii) foreclosure of an Association lien, or (iii) an action the Association may take
against a Member may notbe sent by electronic mail or facsimile, A Member may decline to
receive notice by electronic mail or facsimile by sending written notice to the Association, in
Date Received:
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Original Submittal
which event all notices to such Member shall sent by first class mail. The notice 'of a meeting
shall state the time and place of the meeting and the items on the agenda, including the general
nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, or
any proposal to remove a Director or officer, Notice of a meeting maybe waived by any
Member at any time before or after the meeting, No Member who is present at a meeting may
object to, the adequacy or timeliness of the notice g~ven,
4:7 Place of Meetings
Meetings of the Association shall be held within ten (10) miles of the Subdivision, at an
exact loc;ltion determined by the Board and designated in the notice required by Section 4,6,
4.8 Adjournment of Meetings
As permitted by ORS 65,2]4, ifany meeting of the Members does not constitute a
quorum, the Members who are present, either in person or by proxy, may adjourn the meeting to
a time not less than two (2) days nor more than ten (10) days from the time of the original
meeting, The adjournment provisions of this Section do not apply to actions proposed to be
, taken by written ballot. '
"
4.9 Qu'orum
The presence at the meeting of Members entitled to cast, either in person or by proxy,
twenty percent (20%) of the votes of the Association shall constitute a quorum for any action,
unless a greater percentage'is requinid elsewhere in the Declaration or these Bylaws, The
subsequent joinder of Member in the action taken at a meeting by signing and concurring in the
minutes thereof shall constitute the presence of such Member for the purpose of determining a
quorum, 'When a quorum is once present to organize a meeting, it cannot be broken by the
subsequent withdrawal of it Member or Members,
4.10 Majority Vote
When a quorum is present at any meeting of the Members,the vote of Owners' holding
more than fifty percent (50%) ofthe votes of the Association present, in person or by proxy, at
I the meeting shall be binding on all Owners for all purposes, except where a high~r Bercentage
vote is required by the Governing Documents or the Act.
4.11 Proxies
A vote may be cast in person or by proxy, A proxy,' may require the holder to cast a vote
for or against any special proposal set out in the'notice calling the meeting, A proxy shall be in
writing and filed with the secretary before or during the meeting, A proxy sha]] expire one (I)
year after the date it was signed unless a shorter period is specified in the proxy; provided,
however, that appointment of a proxy is revoked if the Member appointing the proxy (i) adends
any meeting and votes in person, (ii) signs and delivers to the secretary either a writing stating
that the ,appointment of the proxy is revoked or a subsequent appointment form, or (iii) sells his
or her Lot Unless withdrawn, a proxy given to another person t6 vote at a specific meeting
shall also be valid at an adjourned meeting called under the provisions of Section 4,8, The
Date Received:
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Oriainal SubmittaL
Association must retain proxies and ballots for one (I) year from the date of the determination of
the vote.
4.12 Fiduciary and Corporate Owners.
An executor, administrator, conservator, guardian or trustee may vote, in person or by
proxy; at any meeting of the Association with respect to any Lot owned or held in such capacity,
whether or not the same has been transferred to such person's name; provided, however, that
. such person must provide the secretary with written evidence satisfactory to the secretary that the
person is the executor, administrator, conservator; guardian or trustee, holding such Lot in such
capacity. Any person voting on behalf of a Lot owned by a corporation or other entity must
provide the secretary with written evidence, satisfactory fa the secretary, that such person is the
duly constituted representative thereof.
4.13 Voting by Mail or,Electronic Ballot.
Except as set forth in subsectiqn (1) below, the Board, in its discretion, may provide that a
vote, approval or consent of any Member be given by regular mail, electronic mail or facsimile
. in accordance with the procedure outlined below. For purposes of this Section, "written ballot"
shall include any ballot distributed by electronic mail or facsimile.
(a)' In the case of an election of Board members by written ballot,'then in
addition to the other requirements set forth in this Section 4.13, the following procedures must be
followed: .
(i) the existing Board members must advise the-secretary in writing of
the names of proposed Board members sufficient to constitute a full board and o( a date
at least fifty (50) days after such advice is given by which all votes are to be received;
(ii) the secretary, within five (5) days after such advice is given, must
give written notice of the number of Board members to be elected and of the names of the
nominees to all Members;
(iii) the notice must state that any such Owner may nominate an
, -
additional candidate or candidates, not to - exceed the number of Board members to be
elected, by giving written notice of such nomination to the secretary on or before a
specified date which must be fifteen (IS) days from the date after the notice was given by
the secretary; and
(iv) five (5) days after such specified date, the secretary must give
written notice to all Members, stating the number of Board members to be elected, stating
the names of all persons nominated by the Board and by the Members on or before the
deadline, stating tliat each Member may cast a vote by mail and stating the deadline
established by the Board by which such votes must be received by the secretary at the
address of the principal office of the Association (which must be specified in the notice)
and that votes received after that date will.not be effective.
Date Received:
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(b) Any action that may be taken at any annual, regular or special meeting of
the Assodation may be taken without a meeting if the Association delivers a written ballot to
every Association member that is entitled to vote on the matter.
(i) A written ballot must set forth each proposed action and provide an
opportunity to vote for or against each proposed action.
(ii) The Board must provide owners with at least ten (10) days' notice
b~fore written ballots are mailed or otherwise delivered.
(iii) If, at least three (3) days before written ballots are scheduled to be
mailed or otherwise, distributed, at least ten percent (10%) of the Owners petition the
Board requesting secrecy procedures, a written paper ballot must be accompanied by a
secrecy envelope, a return identification envelope to be signed by the owner and
instructions for marking and returning the paper ballot. In this instance, no electronic
mail voting will be accepte,d. Written paper ballots that are returned in secrecy envelopes
may not be examined or counted before the deadline for returning ballots has passed.
( c) Matters that may be voted on by written ballot will be deemed approved or
rejected as follows:
(i) If approval of a proposed action otherwise would require a meeting
at which a certain quorum must be present and at which a' certain percentage of total
votes cast is required to authorize the action, the proposal will be deemed approved when
the date for return of ballots has passed, a quorum of Members has voted" and the
required percentage of approving votes has been received. Otherwise, the proposal will
be deemed to be reject~d.
(iQ If approval of a proposed action otherwise would require a meeting
at which a specified percentage of Owners must authorize the action, the proposal will be
approved when the percentage of total votes cast in favor of the proposal equals or
exceeds such required percentage. The proposal shall be deemed to be rejected when the
number of votes cast in opposition renders approval impossible or when both the date for
return of ballots has passed and such requi~ed percentage has not been met.
(d) All solicitations for votes by written ballot must state the following:
(i) If approval of the proposal by written ballot requires that the total
. number of. votes cast equal or exceed a certain quorum requirement, the number of
responses needed to meet such quorum requirement; ,
(ii) If approval of a proposal by written ballot requires that a certain
percentage of total votes cast approve the proposal, the required percentage of total votes
needed for approval; and "
(iii) If the matter being voted on is the election of Directors to the
Board, the additional items set forth in subsection (a) above.
Date Received:
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')riginal Submittal
c/
(e) All solicitations for votes by written ballot must specify the period during
which the Association will accept written ballots for counting, and' a date certain on which all
ballots must be returned to be counted.
(1) Action by written ballot may not substitute for the Turnover Meeting or
the annual meeting of the Association.
ARTICLE V
BOARD OF DIRECTORS
5.1 Number and Qualification
The affairs of the Association shall be managed by a Board consisting of (i) between 'one
(I)and three (3) Directors (as determined by Declarant) prior to the Turnover Meeting; and (ii)
between three (3) Directors and five (5) Directors after the Turnover Meeting (as determined by
the Members from time to time). The Directors need not be Members prior to the Turnover
Meeting but shall be Members after the Turnover Meeting; provided, however, that if a Lot is
owned by more than one (I) Owner, only one (I) Owner of that Lot may serve on the Board at
any time:
5;2 Appointment
,
Until the Turnover Meeting, Declarant shall appoint all Directors, and may remove and
replace any Director, with or without cause, except that Declarant may revocably or irrevocably'
delegate the power to appoint, remove 31id replace Directors hereunder by written instrument
delivered to the Association naming the party to whom the power to appoint Directors has been
delegated. At and after the Turnover Meeting, the Directors shall be elected in the manner
provided in Section 5.3.
5.3 Election of Directors
At the Turnover Meeting, the Directors appointed by Declarant or its appointee shall
submit their resignations and the Members shall elect new Directors as provided herein. If three
(3) Directors are elected, one (I) Director shall be elected for a term of one (I) year and two (2)
Directors for a term of two (2) years. If five (5) Directors are elected, two (2) Directors shall be
elected.for a term of one (I) year and three (3) Directors shall be elected to serVe for a term of
(2) years: Thereafter, at each annual meeting of the Association, the Members shall elect the
number of Directors equal to the number whose terms are then expiring, each to serve a term of ,
two (2) years. Any Director may serve more than one (I) tenn., Voting for Directors shall not be
cumulative.
5.4 Removal
Any Director, other than a Director appointed by Declarant, may be removed, with or
without cause, by the affirmative majority vote of the Members present, in person or by proxy, at
any meeting of the Members at which a quorum is present. No removal of a Director is effective
unless the. matter ofremoval was included in the notice of the meeting and the Director whose
removal is proposed is given the opportunity to be heard at the meeting. At the meetin~, the.
Date "ecelved:
,0
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, Members shall elect a replacement Director to serve the remainder ofthe replaced Director's
temi.
5.5 Resignation
Any Director may resign at any time by'sending a written notice of such resignation to
the secretary. Unless, otherwise specified in such notice, a resignation shall take effect upon
receipt of the notice by.the secretary.
5.6 Vacancies
Vacancies on the Board caused by the.death, resignation, or removal of a Director shall
be filled by vote of the majority of the 'remaining Directors,.even if they constitute less than a
, ,
quorum. Any Director so.elected shall serve the remainder of the replaced Director's term.
5.7 Compensation
\
No Director shall receive compensation for any service he or she may render to the
Association. However, any Director m.ay be reimbursed for his or her actual out-of pocket
expenses reasonably incurred in the performance of his' or her duties.
"
Liability and Indemnification of Directors, 'Officers, Manager and Managing
Agent
The Directors and officers of the Association shall not be liable to the Association or the
Members for any mistake of judgment, negligence, or otherwise except for their own willful
misconduct or bad faith. The Association shall indemnify and hold harmless each Director and
officer and the manager or managing agent on behalf of the Association unless such contract'
shall have been made in bad faith or contrary to the provisions of the Declaration or of these
Bylaws. Each Director and officer and the manager. or managing agent, if any, shall be
indemnified by the Association against all expenses and liabilities, including attorneys' fees,
reasonably incurred or imposed upon them in connection with any proceeding to which they may
be a party, or which they may become involved by reason of being or having been a Director,
officer, manager or managing agent and shall be indemnified upon any reasonable settlement
thereof; provided, however, there shall be no indemnity if the Director, officer, manager or
managing agent is adjudged guilty of willful nonfeasance, misfeasance or malfeasance in the
performance of their duties. As to any manager or managing agent this Section shall only be
applicable to third party tort claims up to the amount of the Association's liability insurance
coverage and shall not in any way apply to contractual liability or obligations under the
management contract.
5.8
5.9 Special Committees
.
The Board by resolution may designate one or, more special committees, each committee
to consist of two (2) or more Members which, to the extent provided in said resolution,_shaU
have and may exercise the powers set forth 'in said resolution. Such special committee or
committees shall have such name or names as may be determined from time to time by the
Board. Such special committees must keep regular minutes of their proceedings and report the
Date Received:
)
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s31lle to the Board when required. The members of such special committee or committees
designated shall be appointed by the Board or the president. The Board or the president may
appoint Members to fill vacancies on each of said special committees occasioned by death,
resignation, removal, or inability to act for any extended period of time.
5.10
Powers of Board
.'
, ,
The business and affairs of the Association shall be managedby the Board. The Board
may exer,cise all of the powers of an Association under the Act, except such as are by the laws of
Oregon or the Governing Documents conferred upon or reserved to the Members. The Board
shall have the power to: .
(a) To adopt and publish the Rules and Regulations governing the use of
Common Areas, and the personal conduct of the Members and their guests thereon, and to
establish fInes for the infraction thereof; .
. (b) To suspend a Member's voting rights and/or right to use the Common
Areas (other than streets and roadways) during any period in which such Member is in default in
the payment of assessments levied by the Association. Such rights may also be suspended, after
notice and a hearing, for a period not to exceed sixty (60) days for an infraction of the Rules and
Regulations or a violation of the Declaration; .
( c) To declare the office of a Director to be vacant in the event such Director
shall be absent from three (3) consecutive regular meetings of the Board without just cause
having been furnished to and accepted by the Board;
(d) To adopt an annual budget for the operation of the Association;
(e) To levy and collect assessments,late fees, interest and fines as provided in
the Governing Documents, including filing liens against Lots and instituting legal proceedings to
collect such assessments, late fees, interest and fines;
(1) , To appoint and disband such committees as the Board deems appropriate;
,
(g) To establish, disburse and maintain such petty cash as is necessary for
efficiently carrying on the business of the Association;
(h) To engage the services of a manager, an independent contractor, or such
employees and contractors as it deems necessary, and to prescribe the conditions, compensation
and duties of their work. Such power shall include authority to enter into management
agreements with other parties to manage, operate or perform all or any part of the affairs and
business of the Association;
(i) To execute all declarations of ownership for tax as'sessment purposes with
regard to the Common Areas, if any, on behalf of all Owners;
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, ~
(j) . To borrow funds to pay costs of operation of the Association with the'
approval of sixty percent (60%) ofthe Members present at a meeting of the Members at which a' '
quorum is present;
(k) To grant easements or rights-of-way to any utility company, public agency
or to any other entity;
(1) To protect or defend the Common Areas from loss or damage by suit or
otherwise, and to provide adequate reserves for maintenance and replacement of the Common
Maintenance Areas;
~ (m) To adjust the amount, collect and use any insurance proce~ds to repair
damage or replace damaged or lost property, and if proceeds are insufficient to repair damaged
or replace lost property, to assess the Owners in'proportionate amounts to cover the deficiency;
(n) To enforce the provisions of the Governing Documents and to enjoin and
seek damages from any OWner for violation of such Governing Documents; and
,-
(0) To exercise any additional or different powers necessary or desirable for
,
the purpose of carrying out the functions of the Association pursuant to the Governing
Documents or otherwise promoting the general benefit of the Members of the Association.
5.11 Duties of Board
It shall be the duty of the Board:
(a) To cause to be kept a complete record of all its acts and corporate affairs
and to present a statement thereof to the Members at the annual meeting of the Members or at
any special meeting, when such statement'is requested in writing by one-fourth (1/4) of the votes
of the Members who are entitled to'vote;
(b) To supervise all officers, agents and employees of this Association, and to ,
see that their duties are properly performed;
(c) To fix the 31llount of all assessments required or permitted under the
Declaration against each Lot, and to,send written notice of each such assessment to every Owner;
(d) To issue, or to cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not assessments have been paid in respect to a
particular, Lot. A reasonable charge may be made by the Board for the issuance of these
certificates, and the information contained on the certificates shall be binding on the Association.
(e) To procure and maintain adequate liability and property insurance on
property owned by the Association or other property for which the Association has an obligation
under the Declaration or these Bylaws to insure and, if deemed appropriate, insurance on the
behalf of any Director, officer, employee, or agent of the Association against any liability
asserted against him or her and 'incurred by him or her in any such capacity or arising out of his
or her status as such;
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(1) To cause all officers, employees or agents, having fiscal responsibility to
be bonded, as it may deem appropriate;
(g) To cause the Common Maintenance Areas to be maintained;
(h) To maintain a current mailing list of the Members and Mortgagees who
have requested notice of meetings and other events;
(i) To file annual tax returnsJor the Association;
U) To adopt a budget annually for the Association to manage and operate the
Subdivision. Within thirty (30) days after adopting the annual budget, the Board shall provide a
summary to all Owners. If the Board fails to adopt a budget, the last adopted budget shall
continue in effect; and
(k ) To perform all other duties of the Association and the Board asset forth in
the Governing Documents. .
(
In performing its duties, the Board shall be governed by ORS 94.640 and the
applicable provisions ofORS 65.357, 65.361, 65.367, 65.369 and 65.377, as iJ111ended from time
to time.
ARTICLE VI
MEETINGS OF THE BOARD
6.1 Initial Meeting
The initial meeting of the Board shall occur within fourteen (14) days after the date the'
initial meeting of the Members pursuant.to Section 4.1. Notice of the initial meeting shall be,
posted or sent to each Director and the Members in accordance with the requirements of Section
6~ .
6.2 Regular Meetings
,
Regular meetings of the Board may be held at such time as shall be determined from time
to time by a majority of the Directors. Notice of regular meetings shall be posted or delivered to
each Director and the Members in accordance with the requirements of Section 6.9.
6.3 Special Meetings
Special meetings of the Board may be called at any time by the president or a majority of
the Directors. Notice of special meetings shall be posted or delivered to each Director and the
Members in accordance with the requirements of Section 6.9. .
6.4 Emergency Meetings
Emergency meetings may be held without notice, if the reason for the emergency is
slated in the minutes of the meeting. Only emergency, meetings of the Board may be conducted
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by telephonic communication or by the use of a means of comp1Unication that allows all .
Directors participating to hear each other simultaneously or otherwise be able to'communicate.
during t~e meeting.
6,5 Executive Session
At the discretion of the Board, the following matters may be considered in executive
session:
(a) 'consultation with legal counsel concerning rights and duties ofthe
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 unpaid assessments; and
time.
(e) for any other purpose permitted by ORS 64.640, as amended from time to
E~cept in emergencies, the Board shall vote in an open meeting whether to meet in
executive session. Ifthe Board votes to meet in executive session, the president shall state the
general nature of the action to be considered and when and under what circumstances the '
deliberations can be disclosed to Members. The statement, motion, or decision to meet in
executive session must be included in the minl)tes of the meeting. A contract or action
considered in executive session does not become effective unless the Board, following the
executive session, reconvenes in an open meeting and votes on the contract or action, which
must be reasonably identified in the open meeting and included in the minutes.
6.6 Adjournment,
Any meeting of the Board may be adjourned by a majority of the Directors present at the,
meeting, even if a quorum is not present. ,When a meeting is adjourned for fewer than thirty (30)
days, no notice of the resumption or reconvening of the ,adjourned meeting need be given other
than by announcement at the meeting at which such adjournment takes place.
6.7 Board Meetings Open to all Members
Except of executive sessions, all meetings of the Board shall be open to the Members,
provided that no Member shall have the right to participate in the Board's meeting unless such
Member is also a member, of the Board. The president shall have the right to exclude any
Member who disrupts the proceedings at a meeting of the Board.
6.8 Place of Meetings
Meetings of the Board shall be held within ten (10) miles of the Subdivision, at an exact
location determined by the Board and designated in the notice required by Section 6.7.
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6,9 Notice of Meetings
The secretary shall give written notice to each Director of any meeting of the Board at
least three (3) prior to the date set for such meeting, stating the purpose, time and location of the
meeting. Notice shall be sent to the address of each Director as listed on the books of the
Association, or to such other address as a Director may designate by written notice to the
secretary given at least ten (10) days prior to the giving of notice of the meeting. Notice of any
meeting may be waived by any Director at any time before or after the meeting. No Director
who is present at a meeting may object to the adequacy or timeliness of the notice given.
For other than emergency meetings, notice of Board meetings shall also be given the
Members by posting at a place or places within the Subdivision likely to be' seen by all Members
at least three (3) days prior to the Board meeting, or by one of the means described in Section 4.6
not less than ten (10) days prior to the Board meeting.
6.10 Voting by the Board
Each Director shall have one (I) vote. The votes of more than fifty percent (50%) of
Directors present at a meeting at which a quorum is present shall constitute the act of the Board.
6.11 Quorum
The presence in person of a majority of the Directors shall ~onstitute a quorum for voting
at a Board meeting. Ifless than a quorum is present at a meeting, a majority oftheDirectors
presentat the meeting may adjourn the meeting. At any adjourned meeting at which a quorum is
present, any business which might have been transacted at the meeting originall)' called may be
transacted without further notice.
ARTICLE VII
OFFICERS OF ASSOCIATION
7.1 Enumeration of Officers
The principal officers of the Association shall be the president, secretary and treasurer,
each of whom shall be elected by the Board in accordance with Section 8.2. The Bo~rd may
appoint other officers as in its judgment maybe desirable. All officers must be Members, or.
members of their immediate family, fiduciaries, beneficiaries or Mortgagees (and in the case of
Lots owned by corporations, trusts or partnerships, the offices may be held by, directors, officers,
shareholders, trustees, partners or employees of such organizations). '
7.2 Election of Officers
The officers of the Association shall be elected by the Board and shall hold office at the
pleasure of the Board and until their successors are elected and qualified. If any office becomes
vacant, the Board shall elect a successor to fulfill the unexpired term at al)Y regular meeting of
the Board, or at any special meeting of the Board called for such purpose.
,
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7.3
Term (
"
The officers, of the Association shall be elected by the Board and shall hold office for a
period of one (I) year, unless an officer resigns or is removed by the Board or is otherwise
disqualifieq for service.
7;4 Resignation and Removal
Any officer of the Association may be removed from office, with or without cause, upon
the affirmative vote of a majority of the Board and a successor elected at any regular meeting of
,
the Board or at any speciaJ'meeting of the Board called for such purpose. An officer of the
v, .
Association may resign alany time by giving notice to the secretary. Such resignation shall take'
effect on the date of receipt of such notice or at any later time specified therein; the acceptance of
such resignation shall not be necessary to make it effective.
7 .5 Vacancies
,A vacancy in any office may be filled by election at any regular meeting of the
Associat(on or at a special meeting of the Board called for such purpose. The offic,er elected to
fill a vacancy shall serve for theremainder of the term of the officer he or she replaces.
7.6 Multiple Offices
The offices of secretary and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices.
7;7 Duties
The duties of the officers of the Association are as follows:
"
President
The,president shall jle the chief executive officer of the Association. The president shall
preside at all meetings of the Members and Board and shall have all of the powers andduties
which are usually incident to the office of the chief executive officer of an Association,
including, but not limited to, the power to appoint committees from time to time as may, in the
president's discretion, be appropriate to assist in the conduct of the affairs of the Association.
Secretary .
The secretary shall keep minutes of all proceedings of the Board and minutes of all
Association meetings. The secretary shall attend to the giving and serving of all notices to the
Members and Directors and other notices required by law. Association records shall be kept by
the secretary, except fo~ those of the treasurer. The secretary shall perform all other duties
incident to the office of secretary of an association and as may be required by the Directors or the
president. In addition, the secretary shall act as vice president,'taking the place of the president
and performing such duties whenever the president is absent or unable to act, unless the
Dire~tors have appointed a vice president.
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Treasurer
The treasurer shall be responsible for Association funds and secunlIes and shall be
responsible for supervising the managing agent .and causing. the same to keep full and accurate
finan'ciaLrecords and books of account showing all receipts and disbursements necessary for the
preparation of all required financial statements. The treasurer shall review the reports and
statements.provided by the managing agent with respect to'the deposit of all funds and other
valuable ,effects in1uch depositories as may from time to time be designated by the Board, and
the disbursement of Association funds in accordance with the approved Association budget and
any spec'ial authorizations fro~ the Board for unbudgeted items. The treasurer shall in general
perform all other duties incident to the office of treasurer of an association and such other duties
as may be assigned by the Board. The treasurer shall cause all assessments to, be deposited in a
separate bank account in the name of the Association and all expenses' of the Association to be
paid from that account.
7.8 Execution ofInstru'ments
All agreements, contracts, deeds, leases and other instruments of the Association, except
checks, shall be executed by such person or persons as may be designated by general or special .
resolution of the Board and, in the absence of any general or special resolution applicable to any
such instrument, then such instrument shall be signed by the president. All checks for less than
. Two Thousand Four Hundred Ninety-Nine Dollars ($2,499.00) may be signed by the managing
agent.or any duly elected officer of the Association. All checks of Two Thousand Five 'Hundred
($2,500.00) or more shall require the signatures of at least two (2) authorized signatories.
7.9 Compensation
Other than reimbursement of reasonable out,of-pocket expenses incurred on behalf of the
Association, no officer of the Association shall receive any compensation from the Association
for acting as an officer, unless such compensation is authorized by a majority vote of the
Members present, in person or by proxy, at a meeting of the Members at which a quorum is
present.
ARTICLE VIII
BUDGET, ASSESSMENTS, RESERVE STUDY AND MAINTENANCE PLAN
8,1 Budget
Tl1e Board ~hall annually prepare and approve the budget for the Association and
distribute a copy thereof to each Member as provided in Section 3.1 of the Declaration.
8.2 Assessments
The Association shall levy and collect assessments and other charges pursuant to the
terms of Article 3 of the Declaration. If Additional Property is annexed to the Subdivision, the
common expenses of the Association shall be reapportioned pursuant to the terms of Section
3.14 of the Declaration. '
(
Date Received:
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Original Submittal
,
,
8.3 Reserve Study and Maintenance Plan
The Declarant and Association shall prepare a reserve study and maintenance plan
pursuantto'the ternlS of Section 3.3 of the Declaration. '
ARTICLE IX
BOOKS AND RECORDS
9.1 Books and Records
The Association and managing agent (if applicable) shall keep (a) financial records
sufficiently detailed for proper accounting purposes, including an assessment ro1l for each Lot
(b) detailed records of the actions of the Board and man'aging agent (if applicable) and minutes
of B03{d : and Association meetings, (c) a list of Owners entitled to vote at Association meetings
and a list of all Mortgagees whom have requested notice of meeting and other events, and (d) all
other documents, information and records required to be maintained by the Association under the
terms of the succeeding paragraph. A1l Association documents, information and records shall be
maintained within the State of Oregon at all times.
The Association sha1l maintain within the State of Oregon the' documents, information
and records required to be delivered to the Association under ORS 94.616 and all other records
of the Association for not less than the period specified fqr record under ORS 65.771 or any
other applicable law, except that (a) the documents specified in ORS 94.616(3)(0), if received,
must be retained as permanent records of the Association, and (b) proxies and ballots must be
retained for one (1) year from the date of determination of the vote. Such documents,
information and records shall include, but are not limited to, the fo1lowing: (i) the Declaration
and Bylaws, including any amendments or supplements thereto, (ii) the Plat, including any
amendments or supplements thereto, (iii) the Rules and Regulations then in effect, (iv) the most
recent annual financial statement of the Association, (v) the current operating budget of the
Association, and (vi) any oth~r documents required by the Act to be maintained by the
Association. All documents, information and records shall be made reasonably available for
inspectiol1 and duplication (at a reasonable fee) by Owners, Mortgagees, and prospective
purchasers of Lots upon written request, unless such documents are protected from disclosure
under ORS 94.670(8) or any other applicable law. .
9,2 Financial ,Statements
, Within ninety(90) days after the end of each fiscal year, the Board sha1l distribute to
each Member and, upon request, any Mortgagee a copy of the annual financial statement of the
Association, consisting of a balance sheet and income and expense'statement for the preceding
fiscal year. Commencing with the fiscal year following the Turnover Meeting, (i) ifannual
assessments exceed $75,000 for the fiscal year, then the Board shall cause such financial
statements to be audited within one hundred eighty (180) days after the end of the fiscal year by
an independent certified public accountant licensed in State of Oregon in accordance with the
Statements on Standards for Accounting and Review Services issued by the American Institute
of Certified Public Accountants, or (ii) if the annual assessments are $75,000 or less, shall cause
such review within one hundred eight (180) days after receipt of a petition re_~uch. d'
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review signed by at least a majority of Members. Notwithstanding the foregoing to the contrary,
the Board need not cause such an audit or review ofthe financial statements of the Association to
be performed ifat least sixty percent (60%) of the Members, not including votes of Declarant
with respect to Lots owned by Declarant, elect on an annual basis not to comply with the above
audit requirements.
9.3 Tax Returns
The Board shall cause to be filed the necessary state and federal income tax returns for
the Association.
9;4 Payment Vouchers
The method of approving payment vouchers (if applicable) for, the maintenance, upkeep
and repair of the Common Maintenance Areas and payment for the expense of the Association
will be as established from time to timeby the Board.
9;5. Fiscal Year
The Fiscal Year of the Association shall begin on the first day of January and end on the
31 st day of December of every year, except that the first fiscal year shall begin on the date of
incorporation of the Association.
ARTICLE X
INSURANCE
The Association shall mairitain the insurance coverages required by Arti'cle 8 of the
Declaration.
ARTICLE XI '
DAMAGE OR DESTRUCTION BY CASUALTY,
Any damage to or destruction of the Common Areas or any other areas the Association is
required to insure against an event of casualty shall be handled in accordance with the terms of
Article 9 of the Declaration.
ARTICLE XII
RULES AND REGULATIONS
The Board shall have power to adopt and publish rules and regulations governing the
conduct of persons and the operation and use of the Lots and the Common Areas as it may deem
necessary or appropriate to assure the peaceful and orderly use and enjoyment of the
Subdivision, and to establish fines for the infraction thereof. Such rules and regulations may be
adopted upon a majority vote of the Directors present at a meeting at which there is a quorum
present and as to which notice has been given as provided in these Bylaws. Such notice shall
include a verbatim copy of all proposed rules and regulations. No rule or regulation shall be
adopted without a copy thereof first having been delivered or mailed to each Member in
accordance with the requirements of Section 4.6. Upon adopting any such rules and regulations,
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,~
, .
the Board shall cause copies thereof to be delivered to each Member. All such rules and
. regulations become binding on all Members and occupants of all Lots upon the date of delivery.
Any rule or regulation which conflicts with these Bylaws or the Declaration shall be null and
void.
ARTICLE XIII
AMENDMENTS
13.1 General Amendments
Except as set forth below, any and all provisions, of these Bylaws may be 31llended or
repealed and new Bylaws may be adopted at any annual meeting of .the Members, or at any
special meeting called for that purpose, by at least a majority of the votes of the Members, and
the written consent of the Declarant so long as the Declarant is a Class B Member.
Notwithstanding the foregoing to the contrary, if a particular provision required to be in the
Declarati()n under the terms of ORS 94.580 is included in these Bylaws (including, but not
limited to, voting rights of Members, the method of determining liability for assessments, and the
period of Declarant control of the Association), then the voting requirements for amending the
Declaration shall also govern the amendment of the provision in the Bylaws.
Amendments or changes to these Bylaws may be proposed by either a majority of the
Board or by the Members holding at least thirty percent (30%) of the votes of the Association.
The proposed 'amendment must be in writing and shall be included in the notice of any meeting
at which action is to be taken thereon.
An amendment or change to these Bylaws shall not be effective unless it is (i) certified by
, the president and secretary of the Association as having been adopted in accordance with these
Bylaws and ORS 94.625 and acknowledged-in the manner provided for acknowledgement of
deeds, and (ii) recorded in the office of the recording officer of Lane County, Oregon.
13:2 Declarant Amendments
"
Notwithstanding any provisions hereof to the contrary, the Declarant may unilaterally
amend the.se Bylaws (i) at any time before the cOI1\:eyance of the first Lot 1'0 a person other than
Declarant or a successor declarant; (ii) to bring this Declaration into compliance with any
provision oflaw, including, but not limited to, regulatory amendments permitted by Section
13.3;.(iii) to correct scriveners' or clerical errors; and (iv) as otherwise permitted by applicable
law.
13.3 Regulatory Amendments
Notwithstanding any other provisions ofthis Article XIll, and consistent with terms of
ORS 94.585, Declarant shall have the right to unilaterally 31llend these Bylaws prior to the
Turnover Meeting in order tq comply with the requirements of the Federal Housing
Administration, the United States Department of Veterans Affairs, the Farmer's Home
Administration of the United States, the Federal National Mortgage Association, the Govemment
National Mortgage Association, the Federal Home Mortgage Loan Corporation, any department,
( bureau, board, commission or agency of the United States or the State of Or~olJ or.4llY . d
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"
corporation wholly owned, directly or indirectly, by the United States or the State of Oregon
which insures, guarantees or provides financing for a planned community 'or lots in a planned
community.
ARTICLE XIV
DISPUTE RESOLUTION
Before initiating litigation or an administrative proceeding in which the Association and a .
Member have an adversarial relationship, the party that intends to initiate litigation or an
administrative proceeding shall offer to resolve the problem through a dispute resolution
program pursuant to terms of ORS 94.630(4). The written offer to'resolve the dispute must be
hand-delivered or mailed by certified mail, return receipt requested, to the other party at the
address contained in the records of the Association. The requirements of this Article XIV,
however, do not apply to circumstances in which irreparable harm to a party will occur due to
delay or to litigation or an administrative proceeding initiated to collect assessments (other than
assessments attributable to fines). '
ARTICLE XV
MISCELLANEOUS
'15.1 Notices
All notices to the Association or to the Board shall 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. Any notice to a Member, except
as otherwise provided in these Bylaws, shall be sent by first class mail to the address of Member
last appearing on the books of the Association (or to such other address as the Member has
designated in writing to the Association.
15.2 Waiver
r'
No restriction, condition, obligation or provision contained in these Bylaws shall be
deemed to have been abrogated or waived by reason of any failure to enforce the same,
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.
15.3 Severability
Invalidation or partial invalidation of any provision of these 'Bylaws shall not affect any
of the remaining provisions of the Bylaws.
15.4 Personal Pronouns
All personal pronouns used in these Bylaws, whether used in the masculine, feminine or
neuter gender, shall include all other genders; the singular shall include the Il!ural, lll)d vic,e d'
versa:, uate KeCelVe .
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15.5 Headings
The headings contained in these Bylaws are for reference purposes only 311d shall not in
any way affect the meaning or interpretation of these Bylaws.
15.6 Conflicts
These Bylaws are intended to comply with applicable law and the Declaration. In case of
any irreconcilable conflict, applicable law and the Declaration shall control over these Bylaws
, (unless these Bylaws expressly provide otherwise) and any 31llendments hereto, and any rules or
regulations adopted hereunder.
15.7' Dissolution
Upon dissolution of the Association, voluntarily or otherwise, it shall automatically be
succeeded by an unincorporated association ofthe same name and having the same purposes.
All assets, property, powers, and obligations of the Association existing prior to dissolution shall
thereupon automatically vest in the successor unincorporated association.
" [Continued on the following page]
,
,
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/
J
"
ADOPTION OF BYLAWS
It is hereby certified that these Bylaws have been adopted by Hayden Homes, LLC, an
Oregon limited liability company, Declarant of Westwind Estates, and shall be recorded in the
official records of Lime County, Oregon, together with the Declaration for said planned
community.
Dated; ,DecernbL.... \1 ,2009.
HA l))EN HOMES, LLC, an Oregon
Limited Liability Company
Brn .
N31lle: ~-r. ~
Title: C E:D '
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
County of Deschutes )
The foregoing instrument was acknowledged before me this \ ~ day of ~"'~
2009,by ~f1i'nl~he C.~D of Hayden Homes, LLC, an Oregon Limited
Liability Company, on behalf of the company.
:, f AL rEA!:"........".'
. \ KIMBERLY GUTHRIE
"" \ NOTARY pumc. OREGON
, COMMISSION NO. 418529
. . MYCOMMISsION EXPIRES lUL18,1011,
. \G.fV"\bI l\J , (,,\\.-rt:'ora ~.~
Notary Public, Slate of Oregon
My Commission Expires: ,-\ <:l. .riOI I
"
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TABLE OF CONTENTS
Page
ARTICLE I NAME AND LOCATION ........................................................................................ I
ARTICLE II D EFINITI ONS .................. .... .... .... ...... ............ ............... ................... .......... .... ........ I
.2:1 "Act" ........................................................................................................................1
2.2 "Association" .,.... .... ........ .... ............ ...... ...... ..... ..... ... ............ ....... ................ .......... ...1
2.3 "Board" ... .......... .......... .... .... ........ .......... .... ..... .... ......... ...................... .................... ...1
2.4 "Conversion Date" ...... ..... .... ......... ..... .... ... ... ...... ............. ............... .... .... .................. J
2.5 "Declarant" .................. ..... ... ......... .................. ... .......... ........ .......... ..... ... ....... ... ........1
2.6 "Declaration" ......... .....:.. .... .... .... ... ............. ....................... ... ... .:..... ..... ... ....... ...........1
2.7 "Directors" ........ ...... ............... ..... ..:.. ..... ... ... ..... ...:. ... .......... .................... ................ ..2
2.8 "Governing Documents". .... :....... ...... .... ...... ....... ....... ......... ...... ........ ........ .................2
2.9 "Lot" ......... ............ '" ....... ............. ...... .... ...... ...... ............ .... ... .............. ....... ... ... ...... ..2
2.10 "Member" ... ....... ..... .......... ...:.... ...:. ......... ....... .... ............ .... ...... .... ....... ....... ... ... ........2
2.11 ,"Owner" ....... ........... ....... ... ......... .... ...... ...... .............. ... ............. ....... .... ............. ...... ..2
2. J 2 "Plat". ..... ...... ,...... .... ........ ... ,... .... ................. ..... ..... ... ................................... ..... ........2 .
2.13 "Property" ........... ..... ........... .... ...............:.... ...... ,... ............. ........ .................... ..........2
2.14 "Transitional Advisory Committee" ........................................................................2
2.15 "Turnover Meeting".......... ........ .... ....... .......... ........... ... ..,... ..... ....... .... .... ......... ... ... ...2,
2.16 . Other Terms ............ .......... ..... .... .... ......... ........ ... ............ .... ... ......... .... ................... ...3
ARTICLE III MEMBERSHIP AND VOTING RIGHTS ............................................................ 3
3.1 Membership ........ ..... ....... ... ......... .... ........... ..... ............. ... ..... ....... .... ..... ....................3 .
3.2 Suspension .......... ........ .... .... ......... ...... .... ..... ..... ... ..... ....... ..... ............. .,.......... ...........3
3 .3 Voting Rights ............... .... ....... ...... ..... .... ... ... ........:... ............ ....................... .............3
ARTICL~ IV MEETINGS OF MEMBERS ......................................................................,..........4
4.1 Initial Meeting... ,. ..... ...... .... .... .... .... ....... ..... ..... ... .......... ... ... ... .......... ... .... ........ ..........4
4.2 Transitional Advisory Committee,.. ...... ...... ....... ................ ............. ,.. ..:. ............ ... ...4
4.3 Turnover Meeting........ ... ..... ... .......... ........ ...................... .........:.,. ... ..... .....................4
4.4 Annual Meetings..... ............. ........ ...... .... ...... .......... ................. ........ .... ....... ......... .....4
4.5 Special Meetings...... ......... .;...... ..... ......... ..... ..... ..... ...... ........... ........ ..... ... .................5
4.6 Notice of Meetings... ....... ....... ..,. ..:.. ........... ..... ............. ... .......... .................. ... ..........5
4.7 Place of Meetings............ ..... ... .,.. ...... ...:... ....... .... ... ... ... .......:...... .... ............. ... ..........6
4.8 Adjournment of Meetings. ... ... .... ....... ..'....... ....... .... ... ... ...... .., ............. .......... ....... ......6
4.9 Quorum 'C' ............ .... ..................... ............. ... ................... ....... ...... .................. .... .... ..6
4.10 Majority Vote ...... ..... .......... ........ ..... ............. ..... ... ............. ............... :.,. ....:. ......... ......6
4.11 Proxies......... ................ .................... ......... ............ ........... ......... ........... ............. ...... ..6
4.12 Fiduciary and. Corporate Owners. ............................................................................ 7
4.13 Voting by Mail or Electronic Ballot. .......................................................................7
ARTICLE V BOARD OF DIRECTORS ......................,........................................:......................9
5.1 Number and Qualification.............. ..................... ...... ....... ..... ....... ... .......... ............. ..9
5.2 Appointment .............. ................. ..:.... ..:.................. ........ ......... .:......... .....................9
5.3 Election of Directors .... .... ............ .......... ..... .... ....... ... .............. ..... ............. ..... .... ... ...9
5.4 Removal..... ......... ..... ...... ..: ........... ................ .......... ... ... ............ ... ...................... .......9
5.5 Resignation.............. .......... ............. ........ ............ ...... ...................... ................. .:....10
5 .6 Vacancies ...... .............. .... .... .............. ........ ...... ....... ..:............ .......... ............... ... .....10
Date Received:
i-Table of Contents
PDXllI 1513/1536781RSB/5308135,1
DEe I 8 2009
Original Submittal
5.7 Compensation ........ .................. ............................... .... ,.. .................. ..... ....... ....... ...1 0
5.8 Liability and Indemnification of Directors, Officers, Manager and Managing
Agent....... .......................................... ................ ...... ......... ...... .... ... .......... ...............10
5.9 Special Committees .......................,.......................................................................10
5,,] 0 Powers of Board. .......................:................................................................ ............11
5.11 Duties of Board ...........................................................................................;..........12
ARTICLE VI MEETINGS Of THE BOARD.................................................................,..........,13
6.1 Initial Meeting..... .... ................. .... ........ .:..... ......... ....... ............ .... ...................... ..... .13
6.2 Regular Meetings......... ... ............. ........ ..... .......... ............ ..:........ .... ..... ... ........... .....13
6.3 Special Meetings..... ........ .... ................. ...... .... ............ ........... ................ ..... ........... .13
6.4 Emergency Meetings .............................................................................................13 .
6.5 Executive Session........... ................. .... ...... .... .... ................. ... .... .... ....... ............... ..14
6.6 ,Adjournment . .~... ................... .... ...... ........... .... ..... ........ ....... .... .... ....... .... :...... ..... .....14
6.7 Board Meetings Open to all Members...................................................................14
6.8 Place of Meetings..... .... .... .... .... ....... ...... ..... .... ..... ....... ............ ...... ... ......... ....... ...... .14
. 6.9 Notice of Meetings............ .... ... ..... ... ....... ... .... ...... ...... ...................... ........ ...... :~... ...15
6.10 V oting by the Board.....................................:.....:..........................................:........15
6.11 Quorum..... .... ... ...... ........... .... ..... ............. ....... ...... ... .... .... ....... ...... .......... ........... .., ..15
ARTICLE VII OFFICERS Of ASSOCIATION ..........................................,............................. 15
7.1 Enumeration of Officers ......................................................:.................................15
7.2 Election of Officers.... ........... .... .... ... ....... .... ......... ....... ......... ......... ............. ... ....... ..15
7 .3 Term: ..... .... ......... .................... .......... ....... ....... ..... ........ ........ ..... ... ... ..... ... ....... .... ... ..16
7.4 Resignation and Removal ......................................................................................16
7 .5 Vacancies ... ......... .............. ..... .......... ........... ........ ........ .:......... :.... ....... .... ....... .... .....16
7.6 Multiple Offices... ... ............ ... ..... :...... ..... ............ ....... .......... .......... ..... ... .... ... .... .....16
7.7 Duties. ........ ......... .... ................. ... ...... ...... ....... ...... ....... .... ..... .... ...... ........ :... ... .... .....16
7.8 Execution of Instruments ...................................................................:...................17
7.9 Compensation ......... ............ ..... ........ ....... ....... ...... ....... .... .................... ... .... ... .... .....17
ARTICLE VIII BUDGET, ASSESSMENTS, RESERVE STUDY AND MAINTENANCE
PlAN..... ...~ ... ... ... ........... .............. ........ ... ....... .....: ..... ....... ....... .......... ..... ......... ... .... ... ........ 17
8. 'I Budget... ....... ................ ....... ..... ...... ................. ..... ....... ......... .... ... ...;........... ... ..... ....17
8.2 Assessments..... ........ .... ................. ..... ....... ........ ... ....... ......... .... ... ... .... .... .~.. ... ...... ...17
8.3 Reserve Study and Maintenance Plan....................................................................18
ARTICLE IX BOOKS AND RECORDS ....:..............................................................................18 .
9.1 Books and Records ..........................................................................................:.....18
9.2 financial Statements .............. .... ... ....... ................. ...... ......... ...... ..... ..... ... ....... ...... ..18
9.3 Tax Returns ................................... ............ ...... .:.... ...... ............ .......... ................. ....19
9.4 Payment Vouchers .......... .... ... .... ... ... ........................... ....... ...... ......... ...... ...... ...... ...19
9.5 fiscal year............ ... ................... ..... ..... ..... ....... ........... ........ ........ ... ........ .... ......... ..19
ARTICLE X INSURANCE.................................................................1....................................... 19
ARTICLE XI DAMAGE OR DESTRUCTION BY CASUALTy............................................ 19
ARTICLE XIlRULES AND REGULATIONS ......................................................................... 19
ARTICLE XIII AMENDMENTS............................................:.................................................. 20
13.1 General Amendments. ............... .... ...... ........ ............. ....... ......... .......... ....... ......... ....20
13.2 Declarant Amendments..... ........ .... ...... ............ ... ...... .......... ...... ............ ....... ......... ..20
13.3 Regulatory Amendments ....... .......... ..... .......... ...... .......... ... ........ ..... ............ ...... .:. ..20
Date Received:
ii - Table of Contents
PDXlII1513!I536781RSB/5308135.l
DEe I 8 2009
Original Submittal
ARTICLE XIV DISPUTE RESOLUTION ....................................:................:.......................... 21
ARTICLE XV MISCELLANEOUS ...........................................................,............................... 21
15.1 Notices ...... .... ........:.. ....... .... ...... ......... ........ ........ .......... .............. ................ ........... .21
15 .2 Waiver. ....... ............... .......... ....... ..... .., .,.. ........ .... .......... ............................. ............ .21
15.3 Severability...,..... .............,..... ..... ... ..... ................. .......................... ............... .... .... .21
] 5.4 Personal Pronouns.... ................... .... ......... ............ ................... ... ................ ....... .... .21
15.5 Headings.. ..... ...................... .......: .:............. ........................... .... .... ...... ...... .......... ...22
15.6 Conflicts..... .... .............. ... .... ...... ..... .... .... .... .............................. ...................... .... ....22
15.7 Dissolution ...... .... ..... .............. ..... ..... ........ ...... .............. .... .... .... ................... ..... ..... .22
'"
Date Received:
DEe 1 8 2009
Original Submittal
iii - Table of Contents
PDXl1115131l536781RSB15308135.l
~ ~
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MAINTENANCE OF HILLSIDE HOMESITES
All homes required a certain level of maintenance for general upkeep and Lo preserve the overall integrity of
structures and land. Hillside homesites require some additional maintenance because they are subject to natural
slope processes, such as runoff, erosion, shallow soil sloughing, soil creep, perched groundwater, etc. If not
properly controlled, these processes could adversely affect our or neighboring properties. Although surface
processes are usually only capable of causing minor damage, if left unattended, they could possibly lead to more
serious instability problems.
The primary source of problems on hillsides is uncontrolled surface water runoff and blocked groundwater seepage
which can erode, saturate and weaken soil. Therefore, it is important that drainage and erosion control features be
implemented on the property, and that these features be maintained in operative condition (unless changed on the
basis of qualified professional advice), B employing simple precautions, you can help properly maintain our
hillside site and avoid most potential problems. The following is an abbreviated list of common Do's and Don'ts
recommended for maintaining hillside homesites.
Do List
I', Makk s~re that roofrain drains are ~onnected to the street, local storm drain system, or transported via
enclosed conduits or lined ditches to suitable discharge points away from structures and imprgvements. In
no case, should rain drain water be discharged onto slopes or in an uncontrolled manner. Energy dissipation
devices should be employed at discharged points to help prevent erosion.
2. Check your roof drains, gutters and spouts to make sure that they are clear. Roofs are capable of producing
a substantial flow of water, Blocked gutters, etc can cause water to pond or run off in such a way that
erosion or adverse oversaturation of soil can occur.
3. Make sure that drainage ditches andl or berms are kept clear throughout the rainy season. If you potice that
a neighbor's ditches are blocked such that water is directed onto our property or in an uncontrolled manner,
politely inform them of this condition. .
4. Locate and check all drain inlets, outlets and weep holes form foundation footings, retaining walls, driveways,
etc. on a regular basis. Clean out any of these that have become clogged with debris.
5. Watch for"wet spots on the property. These may be caused by natural seepage or indicate a broken or
leaking water or sewer line. In either event, professional advice regarding the problem should be obtained
followed by corrective action, if necessary.
6. Do maintain the ground surface adjacent to lined ditches so that surface water is collected in the ditch.
Water should not be allowed to collect behind or flow Under the lining,
Don't List
], Do not change the grading or drainage on the property without professional advice. You could adversely alter
the drain~ge pattern across the site and cause erosion or soil movement.
2. Do not allow water to pond on the property. Such water will seep into the ground causing unwanted
saturation of soil. .
3. Do not allow water to flow onto slopes in an uncontrolled manner. Once erosion or oversaturation occurs,
'damages can result quickly or without warning.
4. Do not let water pond against foundations, retaining walls or basements. Such walls are typically designed
for fully-drained conditions.
5. Do not connect roof drainage to subsurface disposal systems unless approved by a geotechnical engineer.
6. Do not irrigate in an unreasonable or excessive manner, Regularly check irrigation systems for leaks. Drip
systems are preferred on hillsides.
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607
WESTWIND SUBDIVISION
Date Received:
SPRINGFIELD, oREbt.is 2009
...
,
Original Submittal
,
.
...
Fire Protection Requirements
Due to the forested setting of the subdivision, certain fire protection measures should be .
observed. Measures required by Lane County for dwellings located within forest zones and
Oregon State Dept. of Forestry guidelines specify primary and secondary fuel breaks which help
to protect dwellings within a forested environment. Lane County's standards are as follows:
"Primary Safety Zone". The primary safety zone is a firebreak extending a minimum of 30 feet
in all directions around the dwelling. The goal within the primary safety zone is to exclude fuels
that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone
could include green lawns and low shrubs. Trees shall be spaced with greater than 15 feet .
between the crown and pruned to remove dead and low branches.
As the slope increases, the primary safety zone shall increase away from the house as indicated
in the following chart.
% slope
o
10
20
25
Primary Safety Zone
30
30
30
30
DownSlope Safety Zone
30
50
75
100
"Secondary Fuel Break" The Secondary fuel, break extends a minimum of 100 feet in all
directions around the primary safety zone. The goal of the secondary fuel break is to' reduce
fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown
fires and crowing is reduced. Vegetation within the secondary fuel break shall be pruned and
, spaced so the fire will not spread between crowns of trees. Small trees and brush growing
underneath larger trees 'shall be removed to prevent spread of fire up into the crowns of the
larger trees. D~ad fuels shall be removed.'
Fuel breaks applicable to city sized lots may deviate from those applied on larger rural parcesl
due to many factors including: .
The area available to install fuel breaks (size of Lot);
. Urban policies promoting the retention of vegetation;
r Availability of access by fire fighting equipment;
Proximity and efficiency of the city fire equipment and personnel;
Water availability; and '
Natural fuel breaks on adjacent lands resulting from surrounding development.
An appropriate modification for this urban setting would be to utilize the 30-foot primary fuel
. break standard with no downslope extension and to apply the secondary fuel break standard
downslope from the dwelling except where the slope extends beyond the boundaries of the
property. .,
HAYDEN HOMES
. 2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) '923-6607
WESTWIND SUBDIVISION
'Date Received:
SPRINGFIELD, ORE~18 2009
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PhN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15%UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541-) 923-6607
LOT 20
Date Received:
, WESTWIND SUBDIVISION
DE.: 1 8 2009 SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED. AT
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54,
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
'ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
LOT 21
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 Date Re'eived:
(541) 923-6607 .
DEe 1 ' 2009
.
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES,ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
,
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607
LOT 22
Date Receive8':ESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 23
2464 SW GLACIER PLACE, SUITE 110 '
REDMOND, OR 97756 Date R,ceived:
(541) 923-6607 WESTWIND SUBDIVISION
DEe 1 8 2009 SPRINGFIELD, OREGON
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 24
2464 SW GLACIER PLACE, SUITE 1 IODate R"ceived:
REDMOND, OR 97756 ' ~
(541) 923-6607 WESTWIND SUBDIVISION
" DEe 8 2009 SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITESPLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 25
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 D R ~ . d' ,
(541) 923-6607 ate#celve 'WESTWIND SUBDIVISION
'DEe 8 2009 SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION:
,
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 c 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
,
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PL.(\N.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
LOT 26
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
~
Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
,TYPE A or B ROOFS ARE REQUIRED ,FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1"= 20'
HAYDEN HOMES
2464 SWGLACIER PLACE, SUO'c!ihHtl.eceive, I:
REDMOND, OR 97756
(541) 923-6607 DEe I 8 2009 '
LOT 27
WESTWIND SUBDIVISION
. SPRINGFIELD, OREGON
"
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITESPLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2"230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923~6607 Date Receivet
LOT 28
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
.
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BUILDING ENVELOPES SHALL BE STAKED AT
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I"; 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756, Date Receive !:
(541) 923-6607
LOT 29
DEe I 8 2009
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
,
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I" = 20'
LOT 30 r
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541)923-6607 Date Receh ~d:
"
n~r: 1 8 201 J
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
~
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BUILDING ENVELOPES SHALL BE STAKED AT
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REFER TO WILDUFE DEFENSE PLAN FOR LOTS 20 ~ 54,
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2~230)
SCALE: I" ~ 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE1IO
REDMOND, OR 97756 Date RaCE ved:
(541) 923~6607
LOT 31
DEe 1 8 ll09
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
,
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE -] 10
REDMOND, OR 97756
(541) 923-6607 Date Recei\ ~d:
LOT 32
WESTWIND SUBDIVISION
SPRlNGFIELD, OREGON
~
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. --'.
SCALE: I" = 20'
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 .
(54IL.923"6607 Date Recelv .ld:
DEe 1 8 200
LOT 33
WESTWIND SUBDIVISION
SPRll'fGFIELD, OREGON
,
,
Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN,HOMES.
2464 SW GLACIER PLACE, SUITE 110
rs~~r'~~~~6~~ 97756 Date ReceivI,d:
DEe 18 200~
LOT 34
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
't
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Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2,230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 Date Receiv 'd:
(541) 923-6607 .
DEe 1 8 200
LOT 35
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
,
~
Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES'ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, ~~it~ IWceived:
REDMOND, OR 97756
(541) 923-6607 DEe 1,8 2009
LOT 36
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
""
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 c 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I" ~ 20'
'-
LOT 37
HAYDEN HOMES
2464 SW GLACIER PLACE, SUlIEt1elo...eceive :I'
REDMOND, OR 97756 Da K '
(541) 923-6607
DEe 1 8 2009
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54. '
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607 Date Rece ved:
rc: I J ~~
LOT 38
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
.. ,
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Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS,20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER, TO HILLSIDE REGULATIONS (SDC3.2,230)
SCALE: I" = 20'
HAYDEN.HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 . .
(541) 923-6607 ' Date Rece ved.
DEe 1 8 i '109
LOT 39
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
...
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Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE,REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
.. ,I
LOT 40
HAYDEN HOMES ,
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607' ,Date Recel/ed:"
\,
DEe I 8 2U9
WESTWIND SUBDIVISION
SPRlNGFIELD, OREGON
,
Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20- 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607 Date Receiv~d:
LOT 41
r
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
nr:c 1 0 ~2~"
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Original Submittal
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BUILDING ENVELOPES SHALL BE STAKED AT '
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230) ,
SCALE: I" ; 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607 Date ReceiVEd:
LOT 42
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
.
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REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
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SCALE: 1" ; 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 Date Rece ved'
(541) 923-6607 .
LOT 43
J
DEe I 8 209
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I" = 20'
.
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HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 Date Rec lived:
(541) 923-6607
LOT 44
DEe I 8 '009
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2~230)
SCALE: 1" = 20'
HAYDEN HOMES
,2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607
LOT 45
J
Date F eceived:WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110 .
REDMOND, OR 97756 Date Receivi ,d:
(541) 923-6607
LOT 46
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DEe I 8 2001
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
.REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I" = 20'
/
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 Date Receivl d:
(541) 923-6607
LOT 47
DEe 1 8 20G!
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
..
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REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS.THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
,
HAYDEN HOMES
2464 SW GLACIER PLACE, ~T~ ~~eived:
REDMOND, OR 97756
(541) 923-6607
LOT 48
DEe 1 8 2009
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
LOT 49
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 1(0
REDMOND, OR 97756 Date Rece lied:
(541) 923-6607
~
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DEe 1 8 2 109
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND" OR 97756 .',
(541) 923-6607 Date~ 3celved:WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
DEe '8 2009
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
LOT 50
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Original Submittal
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 '
(541) 923-6607 Date Receivl d:
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE'HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
LOT 51
WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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Original submittal
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 . d'
(541) 923-6607' DateF ecelve WESTWIND SUBDIVISION
DEe I 8 2009 SPRINGFIELD, OREGON
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EXCEEDS 15%
SOUTH 48th STREET
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
LOT 52
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original Submittal