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HomeMy WebLinkAbout884 Holly Way_20180209101230| ø*t Ameriean Fítst American Title Company of Oregon 1225 Crater Lake Ave, Ste 101 Medford, OR 97504 Phn - (s4t)779-7250 Fax - (866)400-22s0 PAR REPORT City of Central Point 140 S 3rd ST Central Point, OR 97502 March 20, 2015 File Number: 7L69-24t3852 Attn: Rachel Neuenschwander Re: 884 Holley Way Fee $85.00 According to a search of our tract indices for the following described propety, First American Ttle Company of Oregon (hereinafter referred to as "The Company" certifies as follows): Legal Description of the propefty: The land referred to in this repot is described in Exhibit A attached hereto. and as of March 16, 2015 at B:00 a.m. We find that the last deed of record runs to: Donald and Annette Olson, Trustees of The Olson Living Trust We have also searched our General Index for Judgments and State and Federal Liens against the Grantee(s) named above and find: -NONE- Recorded voluntary liens and tax information: NOTE: Taxes forthe year 20L4-20I5 PAID IN FULL Tax Amount: $75250 Map No.: 372W10D8 9400 Property ID: t-08L364-4 Tax Code No.: 6-02 NOTE: The address of the propefty described herein is: BB4 Holley Way , Central Point, OR 97502 NOTE: The 20L4-2015 tax assessed value for the herein described property is as follows: F¡ßtAmer¡can ntþ First American Ïtle Company of Oregon Land: $ 45,820.00 Improvements: $ 0.00 Parcel No,: 1-081364-4 THIS IS NOT a title report since no examination has been made of the title to the above described property. This report does not purport to show all encumbrances and no representation is made as to the sufficiency of the title of the above parties. Liability of the Company for this lien search is limited to the charge made thereof. File No.: 7L69-24L3852 March 20, 2015 FirstAmerican Tttle F¡rst American Ttle Company of Oregon File No.: 7t69-24I3852 March 20, 2015 Exhibit "4" Real property in the County of Jackson, State of Oregon, described as follows: LOT 15 AND THE WEST 5 FEET OF LOT 16, SNOWY BUTTE MEADOWS, IN THE CITY OF CENTRAL poINT, JACKSON COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN VOLUME 31, PAGE 8, PLAT RECORDS. TOGETHER WITH THE FOLLOWING: BEGINNING AT THE NORTHWEST CORNER OF LOT 14, SAID SNOWY BUTTE MEADOWS; THENCE ALONG THE WEST LINE OF SAID LOT 14, SOUTH I4o23'L4" EAST,36.99 FEET; THENCE NORTH 22034'22" EAST, 38.82 FEET, TO THE NORTH LINE OF SAID LOT 14; THENCE ALONG SAID NORTH LINE, SOUTH 89058'20" WEST, 24'09 FEET, TO THE POINT OF BEGINNING. ALSO, TOGETHER WITH THE FOLLOWING: BEGINNING AT THE NORTHWEST CORNER OF LOT 14, SAID SNOWY BUTTE MEADOWS; THENCE ALONG THE WEST LINE OF SAID LOT 14, SOUTH !4023'14" EASI 36.99 FEET; THENCE NORTH 89053'11" WEST, 25.38 FEET, TO THE NORTHWESTCORNER OFTRACTTHREE, DESCRIBED IN INSTRUMENT NO. 2004-040661, OFFICIAL RECORDS, JACKSON COUNTY, OREGON; THENCE ALONG THE NORTH LINE OF TRACT ONE, DESCRIBED IN SAID DOCUMENT, NORTH 89o53',11" WEST 9,33 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT ONE; THENCE ALONG THE WEST LINE OF SAID TRACT ONE, NORTH 09048'18" WESI 13.63 FEET; THENCE CONINUE ALONG SAID WEST LINE, NORTH 19024'08" WES|, æ.66 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE ALONG THE SOUTH LINE OF SAID LOT 15, NORTH 89058'20'' EAST, 35.70 FEET, TO THE POINT OF BEGINNING. NOTE: This legal description was created prior to January 1, 2008. Fhst Amer¡cdn nile a? P.3 P.2 'l'cs-15663 P.1 .Ç) z P.1 t?f-'( Þ m Þcz(t)ç ao ÞN È- co A f¡ìt¡lu) OTA 'oq oo t28 OT 127 951 5 TIMOTHY STREET s.w. coR N ç éo q o H ú, Y) Èd RITA WAY MARLIN WAY tt pd 't40 141 o ,P É cj ¿o cz(t) Lrro \rj 143 r0 l, 1 4s 20 -l I PROX DC RE o u,7' u,7' 8800: e000 144.82' N @ 142.10' LP. OF SNOWY zuTTE MEAOOWS c) 8500 bN &N t6.7,\ 20 68.3, bo ,) 8900Ë9 8600 1s3 37,cALc. rf\ cs 18113 163,OEE0 9421 Ac 21s.?3' þ 26S.7'oN cs 19080 sw coR.Loris lb 9400 O.27 Ac x_l o50 ( ñ di 6ô 02 14 16 941 I .09 Ac 9401 0.15 Ac 9404 0.18 Ac '133.25 0j2 Ac o o o o rz.oo 1 112 59.40 9402 a È'4ó @ 36.25 q ê 1 18 59 40 '1 10 9 so.oo $ IE T 17 03 Ac sE. coR. LOI H 0144c .Il 51.00 9408 0.14 Ac s4 00 9409 0.1 5 Ac9406 0.14 Ac 28.25 9407 0.14 Ac 9100 O.22Ac 9403 r;c 60 00 9405 0 4 Ac { þ 121.46 o '4 4 13 9419 Ac 9414 0,224c ôq 3Ac 9415 g42g0.1+ Ac 9413 0.15 Ac CS30 B cs 138eN cs'1683 ?' ) O N 9412 0.14 Ac 6 9410 0.15 Ac 9411 0.14 Ac 2 9416 0.20 Ac cs 19080 '1t5.0 ñ 40. q È@ 9200 0.24 Ac 9302 .0.16 Ac. Ltr P2 951 I 78.20'cALC. coR. oJ o úl LOTA OF ?, cs-20286 9301 0.25 Ac. 70.04 \iì:r \cs r 9417\ o.za Rc 123.70 q NÈ a? ,lloî)/ 2CS ÈI 9300 0.49 Ac. TÏIS MÂP IS TORLOCATION PURPOSES ONLY NO L¡ABIL¡TY IS ASSUMED FOR VAR¡AÎONS DISCLOSED BY SURVEY ORCOUNTY RECORDS rIRSI AIIÍKICÄN ITTLE N 6 COR I I Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF UABIUTY AND OTHER PROVISIONS OF THE CONDmONS AND STIPUI.ATONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby guarantees the pafties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or ¡nterest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority. In Witness Whereof, First American Ttle Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Guarantee shown in Schedule A. First American Title lneurance Campany I n""ra* çrican wúPrÑBfiI tallrøy .Ë" Røï¡tnzon ËFrÊaølgry This jacket was created electronically and const¡tutes an orígina! document First American Title Insurance Company soo274t-7169-260s205 Litigation Guarantee ISSUED BY POUCY NUMBER Form 5002741 (7-L-14) lPaoe t of 6 OTIRO G-04 - L¡tlgation Guarantee Oregon hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thifi days thereafter.7, SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to pefect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies.8. GUARANTEE ENTIRECONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company.9. NOTTCES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at First American Title Insurance Gompany, Attn: Claims National Intake Center, 1 Firct American Way, Santa Ana, CA 92707. Phone: 888-632-f642. 10. FEE The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. f AMÉ¡, .Firsf AmerÍcaaTitle Form 5002741 (7-L-14) lPaoe 3 of 6 OTIRO G-04 - L¡tigation Guarantee Oregon 4 Covenants, conditions, restrictions and/or easements; 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 Trtle 42, Section 3604(c), of the United States Codes: Recording Information: February 03, 2005 as Document No. 2005-006307 Modifìcation andlor amendment by instrument: Recording Information: June22,2005 as Document No. 2005-037179 Modification andlor amendment by instrument: Recording Information: June 21, 2006 as Document No, 2006-031602 Regulations and Assessments of Snowy Butte Meadows Homeowners Association, Inc., as set fofth in Declaration recorded February 03, 2005 as Document No. 2005-006307. The By-Laws, including the terms and provisions thereof of Snowy Butte Meadows Homeowners Association, Inc.. Recorded: February 03, 2005 as Document No. 2005-006308 Easement as shown on the recorded plat/paftition For: public utilities Easement as shown on the recorded plat/paftition For: private road and public storm drainage Easements per subdivision guarantee as shown on the recorded plat/paftition. Any bankuptcy proceeding not disclosed by the acts that would afford notice as to said land, pursuant to Ïtle 11, U.S.C. 549 (c) of the Bankruptcy Reform Act of 1978 and amendments thereto. Unless a Notice of Pendency of Action is fìled as provided by ORS 93.740,liens subsequent to the filing of a Judicial Foreclosure will be unaffected by the foreclosure proceedings. 5. 6. 7 B. 9. 10. 11. NOTE: Taxes forthe year 2015-2016 PAID IN FULL Tax Amount: $795.38 Map No.: 372W10D8 9400 Property ID: 1-081364-4 TaxCode No.: 6-02 :orm 5002741 (7-L-L4) leaoe s of 6 OTIRO G-04 - Litigation Guarantee Oregon | øota mcrÍcan PR: NWEST City of Central Point 140 S 3rd Street Central Point, OR 97502 Attention: RachelNeuenschwander Your Reference No.: 884 Holley Way Property: 884 Holley Way, Central Point, OR 97502 Buyers: Sellers:Olson Living Trust Fírst Amerícan Títle Company of Oregon 1225 Crqter Lalw Ave, Ste 101 Medford, OR97504 Phone: (541)779-7250 / Føc: (866)400-2250 Final Invoice Invoice No.: Date: Our File No.: Title Olficer: Escrow Officer: Ofc: 7169 (1295) 1295 - 716957992 03/0312016 7169-2605205 Lori Dean To RE: Customer ID: ORCECIOOOI Liability Amounts Owners: $16,254.71 Lenders: Description of Charge Invoice Amount Guarantee: Litigation $200.00 INVOICE TOTAL $200.00 Comments: Thank you for your business! To assure proper credit, please send a copy oflhis Invoice and Pqtment to: Atlention: Accounts Receivable Department PO Box 31001-2266 Pqsadena, CA 9l I 10-2266 Printed On: 313/20161 10:30 AM Requester: LKD Prge:1 JackGon coüntyomclsl Reco.ds 2005{371 79 ònr=i sn"¡ 5HAWBJ 06/222005 12:21:60 PM ¡l36oo$6.00t11.00 lotal:¡13't.00 ilililililtI|liltllllilililltillltlllt!ililt I, l(lhl..ñ a.tfy thd a. B.*att, Cou.ty Cbó ,or Jæl.oñ Cc¡îty, h¡{, lha lnlM.il ld.illl.d hrallru racúd.d lnlha CLrl lGüleon S, B€ckatl - Col.rlty Clsrk DECLARATTON OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SNOWY BUTTE MEADOWS - A PLANNED TJNTT DEVELOPMENT h ^¡rrc-t J1í Dale Cla¡k is the Owner in feæ simple of real property (the planne.d unit deveþment hereinafterreferred to as the PUD) located in theCity of Central Point, County of Jackson, Staæ of Oregon, described on Exhibit A attached hereto and incorporared herein by this reference, RECITALS, INTENT, AND PT.JRPOSE It is the desi¡e and intention of Declarant initially to subdivide the PIJD subject to the coverants, conditions, and restrictions set forth in this Declaration into nineteen (19) los. It is the desire and i¡tention of Decla¡ant to form the Snowy Butte Meadows Home Owners Association, Inc., for the purpose of, but not limited to, maint¡ining and repairing Virginia Drive and the con¡ected private loop (hereinafter the "Private Roads") maintaining the Bridge and the Common Area. The Bridge shall be dedicated to the City of Central Point and is not part of the PLJD. However, the Snowy Butte Home Owners Association shall be responsible for Bridge maintenance. Declarant has previously recorded a Declaration of Covenants, Conditions, and Restrictions for the PUD. This Declaration supersedes and entirely replaces all other recorded Declarations Òf Covenants, Conditions, and Restrictions for the PLJD and any amendme,nts thereto. DECLARATION Now, therefore, Declarant hereby declares that the PUD shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, andapprovedsubjectto thefollowing covenants, conditions, and restrictions all of which are in frrtherance of a plau for the subdivision, improvement, and sale of the PUD, and of enhancing and perfecting the value, desirability, and atùactiveness of the PUD. De¿larotion of Covcnants, Conditions, end Rcstrictions for Snowy Buttc Mcadows - A Planncd Unit Dcvclopmcnt Page I of2óv{l2M I 1,8 Decla¡ant, Dale Clark, his heirs, personal representatives, successors, and assigns, 1.9 Declaration. This Declaration as from time to time amended or supplemented. 1.10 Dwelling Unit. The residential structure, including any garage, car port, patio, lanai, or other physical or appurtenant to such structure, constructed on a lot by the Declarant or by an successor Owner. Dwelling Unit is also referred to as a "Dwelling." l.l I t.t2 1.13 FEMA. The Federal Emergency Management Agency. Floodplain. The Floodplain identified on relevant Federal, State, or local agency maPs. Fiscal Year. The fiscal year shall run from January I tkough December 3l' b'- l,l4 Lot, That portion of the PUD conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. For the purposes of this Declaration, a lot shall exist from and after the date of recording an instrument making such lot subject to this Declaration. I . 15 Mortgage. Mortgage or a deed of tust of record encumbering a lot. The term "mortgagee" shall include the beneficiary under a deed of tn¡st and the vendor under a recorded land-sale contract or recorded memorandum of a land-sale conEact. Ll6 Owner. The record Owner or Owners, if more than one, of a lot, including Declarant and including a vendee under a recorded land-sale contråct or recorded memorandum of land-sale contract. 1rl7 PUD. Planned Unit Development defined as the proPerty subject to this Declaration. l.l8 P[JE, Public Utility Easement as shown on the final plat of this PUD. 1.19 Real ProErty. All the real property described on Exhibit A atøched hereto' l,2O Successor Owner. The owner of a Lot purchased from Decla¡ant or purchased from another Successor Owner.. Declaration of Covcnonts, Conditions, and Rcst¡ictions fo¡ Snowy Butte Mcadows - A Pl¡nned Unlt Dcvclopment Page 3 of 2ó (2) Class B. Members. Class B members shall be the Declarant, his successors, and assigns, Class B members shall be entitled to five (5) votes for each lot in which they hold the interest required for membership as provided in Section 2'3(aXl) above provided that Class B membership shall be converted to Class A membership and shall forever cease to exist when the total outstanding votes of the Class A members equal the total outstanding votes held by the Class B members. (b) VotingProcedures. Anyvotemaybecastinpersonorbyproxy. Allproxiesshall be in writing, dated, and signed by the Owner giving the proxy and filed with the Secretary before the commencement of any meeting. The proxy shall tenninate eleven (t l) months after its date, unless the proxy specifies a shorter term. Every proxy shall automatically cease upon the sale of the lot by the Owner and upon the death or incapacity of the member who executed the proxy. (c) Declarant Entitled to Declarant's Right to Vote. Notwithstanding any other provisions of this Declaration, any regulation herein requiring the approval of a prescribed percentage of the voting power of members of the Association, other than dre Declarant's, for action to be taken by the Association shall also require the vote or written assent of a bare majority of the total voting power of the Association, as well as the vote or written assent of a prescribed percentage of the total voting power of members other than Decla¡ant. (d) Suspension of Voting Rights. The voting rights of an Owner shall be suspended during such period as any assessment due hereunderfrom such Ownerremainsunpaid; provided, however, that lhe Board shall give any such Owner at least frfteæn (l 5) days'notice prior to such suspension and such Owner shall be entitled to a hearing before the Boa¡d in accord with Section 3.4 of the Bylaws. 2.4 Inirial Board of Directors. The initial Boa¡d shall be appointed by Declarant. Thereafter, the Board shalt be elected as provided in the Bylaws. 2.5 Duties of the Association. The Association shall have the obligation and duties subject to and in accordance with this Declaration to do and perform úe following acts for the benefit of its members and for the maintenance and improvement of the common afeas. (a) Common Area Maintenance and Operation. To maintain and otherwise manage the common area, after such prOperty is conveyed or otherwise transferred to it, all improvements located thereon, all easements for operation and maintenance purposes over the cornmon area, and all easements for the benefit of members and the Association within the common area. Each Owner hereby grants to the Association a nonexclusive easement of ingress Declaration of Covenonts, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit DevcloPment Page 5 of26 UaðtEW¡ 5' or repair such area. Such entrânce upon a lot shall be after seventy-two (72) hours' prior written notice to the Owner; provided, however, that such entrance shall be permitted upon consent of atleastoneBoardmemberwithoutanypriornoticeintheeventofanemergency, Anemergency shall be deemed to exist when the¡e is a condition causing peril or threat to persons or property, The Association shall also have the power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto to conrmence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this declaration and to enforce by mandatory injunction or otherwise all the provisions hereof. These rights ìvill be exerciscd in such a manner as reasonable to minimize any adverse impact upon the Owner's right of enjoyment of his/her lot. (c) Easements and Rights-of-Way. To grant and convey to any third party easements and rights-of-way in, on, over, and under the corrlmon area for the purpose ofconstructing, erecting, operating, or maintaining thereon, therein or thereunder, overhead, or underground lines, cables, wires, conduits, or other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; public sewers; storm water drains and pipes; water systems; sprinkling systems; water and gas lines orpþs; cableT.V. lines; security system lines; and any similar public or quasi-public improvements or facilities. (d) Employment of Manager, To employ the services of a person or firm to manage the common area and the affai¡s of the Association (the "Manager") to the extent deemed advisable by the Board, as well as other such personnel as the Board shall deem to be necessary or proper for the operation ofthe common area, whether such personnel are employed directly by the Association or are furnished by the Manager. (e) Services. To contract for materials and/or services for the common a¡ea or the Association. Any such seryice contract or management contract pursuant to Section 2.6(d) of the Decla¡ation shall be subject to termination by either party without cause upon thirty (30) days' notice in writing to lhe other party, (0 Rules. By majority vote of the Boa¡d and from time to time to adopt, amend, enforce, and rcpeal such n¡les and regulations as the Board shall determine to be necessary or proper to the operation of the PUD (the "Association Rules"). The Association Rules shall govem the use of the conrmon area by any Owner, by the family of such Owner, or by any invitee, licensee, or tenant of such Owner; provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the AÍicles, or Bylaws. A copy of the Association Rules, as they may from time to tine be adopted, amended, or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part Declaration of Covenanls, Conditions, and Restrictions for Snowy Butte Meadows - A Planned Unit Development P*e7 oÍ26 Uall2ECmi 11' Development Charges (SDC) that will be assessed. 4.6 Rogue Vallpy Sçwer (RVS). All Successor Owners shall reimburse Declarant for fees incurred in connecting to RVS. Reimbursement shall be for the amount allocable to each Successor Owner's respective Lot. 5. FTJNDS AND ASSESSMENTS. 5.1 Ooerating Fund. The Association shall establish and maintain qn operating fund into which shall be deposited all moneys paid to the Association as regular, special, and emergency assessments and miscellaneous fees and from which fund the Association shall make disbursements in the performance of its rights and duties as provided for in this Declaration, 5.2 Reserve Fund. The Association shall also establish and maintain a reserve fund for replacement of all items of cornrnon property which will normally require replacement in whole or in part in more than three (3) and less than thify (30) years for exterior painting, if the common property includes exterior painted surfaces, and for such other items as may be required by this Declaration or the Bylaws. Declarant may defer payment of accrued reserve assessments for a lot until the lot is conveyed. The books and records ofthe Association shall reflect the amount owing from Declarant for all reserve assessments. The Board annually shall conduct a reserve study, a review and update, and existing study of the co¡nmon a¡ea/common ProPerty component to determine the reserve accountrequirements as provided in ORS 94.595 as it may be amended from time to time. The operating fund and the reserve fund shall be kept in separate accounts. 5.3 Regula¡ Assessments. Within forty-frve (45) days prior to the beginning of each fiscal year, the Boa¡d shall estimate the costs and expenses to be incurred by the Association during such fiscal year in performing its rights and duties under this Declaration, including a rcasonable provision for unanticipated expenses aud replacements and less any anticipated surplus from a prior year's fund provided that the Board may not, without the vote or written assent of the majority of the voting power of the Association residing in members othe¡ than the Declarant, impose a regular annual assessmentper lot which is more than twenty percena(2Ù%) greater than the Regular Assessment for the immediately preceding frscal year. Such estimated amount shall be assessed equally to the Owners. The amount per lot so assessed to each Owner is called the "Regular Assessment." 5.4 Special or Emergency Assessments, In addition to the Regular Assessments, the Board may levy during any fiscal year a special or emergency assessment aPplicable to that year only for the purpose of deftaying in whole or in part the cost of any construction, reconstruction Declaration of Covenants, Conditions, and Rcstriclions for Snowy Butte Meadows - A Planned Unlt Development Page 9 of26 q- or Byla\rys for whom moneys or expenses were expended or incurred by the Association ftom the operating firnd in performing its functions or enforcing the provisions of this Declmation, the Association Rules, or Bylaws, Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amounts so expended or incurred and shall be due and payable to the Association when levied. 5.8 Allocation and Cost o{ Road Maintenance. All expenses of the maintenance, repair, and improvement of the Private Roads shall be allocated to the lotrs of the PUD in equal shares. 5.9 Assessment and Collection of Road Maintenance Costs/Liens. All assessments for expenses for maintaining and repairing of the Private Roads made pursuant to this Declaration shall constitute a lien against the property pursuant to this Declaration ftom the date such Iien notice is recorded in the offrcial records ofJackson County, Oregon, The cost for maintenance and repair incurred pursuånt to this Declaration shall constitute a lien on the affected property from and after the date of notice of such lien has been recorded in the official records oflackson County, Oregon. Such notice shall describe the real property, the amount of such of lien shall be stated in dollars and cents, and shall contain a reference to this Declaration or such other agreement authorizing the creation of such lien or its determination. Such lie¡¡ shall run in favq¡ and may be released by the person or persons who have incurred such costs and expenses of maintenance. All liens described herein shall be foreclosed in the m¡nner set forth in Chapter 88 of the Oregon Revised Statutes or subsequent relevant legislation. 6. ENFORCEMENTOFASSESSMENTS. 6.1 Covenant to Pay Assessments. Declarant covenants for each lot owned and each Owner, other than Declarant, by acceptance of a deed to a lot, shall be deemed to covenant to pay to the Association Regular Assessments, special assessments, emergency assessments, and reimbursement fees levied in accordance with Section 5. 6.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct, and personal debt and obligation of the person who is the Owner of such lot at the time such assessmeût became due and payable. In the event of a default and payment of any such assessment, the Association may enforce each such obligation by any and all revenues provided by law. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a sum for reasonable attomey fees in such amount as the court may adjudge against the defaulting Owner, including reasonable attorney fees on appeal: 7. ARCHITECTURALCONTROL. Declaralion of Covenants, Corid¡tions, and Resûict¡ons for Snowy Buttc M€{dows - A Plsnned Unit Dcvelopment Page ll of26 q¡!2Mr ll' 7.5 ApprovaUDisapproval. All approvals given under this Section 7 shall be in writìng. lf a requested approval has not been granted within forty-frve (45) days from the date of submission of all information requested by the Architectural CommiBee, the proposal shall be deemed approved. After Declarant no longer appoins the A¡chitectural Committee as provided in Section 7. t , if the Architectural Committee disapproves the proposal, the applicant shall have the right to appeal such decision to the Board by giving written notics thereof to the President or Secretary of the Board within ten (10) days after written notice of disapproval is given to the applicant by the Architectural Committee. Any such appeal shall be conducted pursuant to rules and regulations established by the Board. The Board's decision shall be final. 7.6 Comoletion of Work. An Owner shall complete the constn¡ction, reconstruction, refinishing, or alteration of any such improvement within twelve (12) months after commencing constn¡ction thereof, except for so long as such completion is rendered impossible or will result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his/her agents. Landscaping on each lot shall be completed within six (6) months after completion of the dwelling on such lot. If the Owner fails to comply with this Section 7.6, the A¡chitectural Committee shall notify the Board ofsuch failure and the Board shall proceed in accordance with the provisions ofSection 7.? as though the failure to complete improvement were noncompliance with approved plans. Landscaping on each lot shall comply with the PUD -approved landscape plan, if any. 7,7 Insoection of Work, Inspection of work and correction of defecs therein shall proceed as follows: (a) Upon the completion of any construction or reconsfirction or the alteration or refinishing of the exterior of any improvements or upon the completion of any other work for which approved plans are required under this Section 7, the Owner shall give written notice thereof to the Architectutal Committee. (b) Within forty-five (45) days thereafter, the Architectural Committee or its duly authorized representatives may inspect such improvement to determine whether it was constructed, reconstructed, altered, or refinished to substantial compliance with the approved plans and shall report its findings and recornmendations to the Board. If the Board finds that such consûuction, reconstn¡ction, alteration, or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance specifying paficulars of noncompliance and shall require the Owner to remedy such noncompliance, (c) Ifupon the expiration ofthirty (30) days from the date ofsuch notifrcation, the Owner shall have failed to remedy such noncompliance, the Board shall set a date on which a Declaration of Covenants, Conditions, tnd Rcsûictions for Snowy Butte Mesdows - A Planned Un¡t Devclopment Pagc 13 of26 lb' 8. PROPERTY RIGTITS ANDEASEMENTS. 8,1 Conveyance qf Ço.mmon Area. The Declarant hereby covenants for himself, successors, and assigns that prior to or at the turnover meeting provided for in the Bylaws, he will convey fee simple title to the common area to the Association free and clear of all liens and encumbrances except thecovenants, conditions, andrestrictions herein setforth, easements, and utility rights-of-way then ofrecord. All said facilities shall be for the use and benefit ofthe residents of the PUD. 8.2 Easements in the Common Area, Every Owner shall have a right and nonexclusive easement of enjoyment in and to the common area, and for any easement sho\À,n on the final plat, an nonexclusive easement for ingress and egress over and through the common area, and a nonexclusive easement for vehicular ingress and egress over and through those portions of the coûlmon area and lots, which shalt be designated as private süeets on the recorded maps of the PUD. Such easements shall be appurtenant to the right of the Association to sell, transfer, or encumber all or any portion of the common area or burdened lots to a person, frnn, or entity, whether public or private, and the right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions a¡i may be agreed to by the Owners. No such sale, l¡ansfer, encumbrance, or dedication shall be effective except upon the prior vote or written consent of members representing sixty-six and two-thirds percent(66 and 213%)of thevoting power of the Association and sixty-six and two+hirds percqa(66 and2l37o) of the voting power in members other than the Declarant; provided, however, that a dedication required by a govemmental agency as a condition to recording a final plat covering any portion of the real property shall require no such prior vote or written consent. channels in any such easements or in any manner construct or retard the flow of water through drainage channels in any such easement. 8,4 Cross Access Easements. All Owners shall have an easement across all other Owners' properties on that section of each Owners' property that is part of the Private Roads as recorded on the final plat of the PUD. 8.5. P,edestrian Access, This section intentionally left blank' Dælùation of Covcnants, Conditions, and Reshictions for Snowy Buttc Mcodows - A Planned Unit Development Page 15 of 26 wl2K&. tt' The provisions of this paragraph shall apply to all lots in the PUD. The Association agrees to maintain and repair the hivate Roads. ll.l Road Requirements. The hivate Roads have been constructed and shall be maintained or repaired as set forth herein for utilization as a private access easement road to senice the lots in the Snowy Butte Meadows PUD. The Private Roads shall be used for road purposes only and shall not be obstructed by any Owner for any purpose. Ll,z DefaultStanda¡dsofMaintenance. TheAssociationshallannuallydeterminethe necessary repair and maintenance to be done to keep the Private Roads in good condition and repair as all-weather roads and the assessment of the costs of such maintenance and repair shall be as provided for herein. ll.3 Indemnifìcation. Each Owner of any of tlre real property in the Snowy Butte Meadows PUD agrees to defend and indemnify and hold the other Owners ha¡mless from and against any losses, claims, demands, and other liabilities whatsoever arising out of his/her use of the hivate Roads or use thereof by such Owncr's invitees, guests, agents, or employees and each Owner fl¡rther assumes all risks arising out of such Owner's use of the hivate Roads and none of such Owners shall have any liability as between themselves for any condition existing thereon. Each Owner shall carry a homeowner policy of insurance covering such liability for use of the Private Roads and the Owner's lot for a minimum of $5ü),000 per occurence. 12, BRIDGEMAINÏENANCE The provisions of this paragraph shall apply to all lots in the PUD. The Association agrees to maintain and repair the Bridge. l2.l BridseReouirements. theDeclarantshallconstn¡cttheBridge. TheBridge shall be maintained or repaired as set forth herein for utilization a¡¡ access to the PuD. The Bridge shall be used for pedestrian purposes only and shall not be obsFucted by any Owner for any purpose, 12.2 Default Standards of Maintenance. The Association shall annually determine the necessary repair and maintenance to be done to keep the Bridge in good condition and repair and the assessment of the costs of such maintenance and repair shall be as provided for herein. 13. EXCAYATI9NANDFLOODPLAIN. Declration of Coven¿nts, Condilions, and Rcstrictions for Snowy Butte Meadows - A Planncd Unit Development Page 17 of 26 u{12mm. 11- .r #,1. 15.2 Maintenance. Each Owner shall maintain and keep his dwelling unit and lot in a clean, sanitary, and attractive condition. Landscaping on each lot shall be maintained in at least as good or better quality in design and nature of planting as is required by the Architectural Committee at the time of initial construction of a dwelling on the lot. lf the Owner fails to maintain his/her dwelling unit and lot or any landscaping required by the approvals, as required herein, the Association shall have the right to go upon the Owner's lot and perform such maintenance pursuant to the Association's authority set forth in Section 2.6 hereof. The costs incuned by the Association shall be assessed against the lot as a special assessment pursuant to Section 5.4. 15.2.1 BirchTrees. Ownersshallmaintainthebi¡chtreesinthelandscapebuffer in front of their respective Lots. 15.3 Cornmercial or Agricultural Use. No industry, business, Eade, occupation, or profession of any kind shall be conducted, maintained, or permitted on any part of the PIJD, unless specifically allowed by this Declaration, apptoved by the Home Owners Association prior to operation and permitted and approved as a home occupation by Jackson County and any other applicable governmental authority. No agricultural barns shall be permitted. 15.4 Animals. Householdpeæ, in areasonablenumber, maybekeptif theyaresolely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be permitted outside of the lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for the purpose of this Section, a paficular animal shall be considered a house pet or a nuisance. The Owner ofany pet shall be responsible for cleaning up after said pet on any property within the planned community, including any common areas. Any stfucture for the care, housing, or confinement of any house or yard pet shatl be approved by the A¡chitectural Committee for its design and placement on each lot. 15.5 Utility Service. Except as approved by the Architectural Committee or set forth on the final plat, no lines, wires, satellite dish larger than eighteen inches (18"), antennae' or or telephone services incident to the construction of approved improvements. Declsation of Covenants, Conditiom, and RèsÙictions for Snowy Butte Mcadows - A Planned Unit Development Page 19 of 26 u{!2me n/ may be operated on a lot solely for the purpose oftransporting it from a residence to a public roadway for off-site use but recreational use of such machinery within the PUD is not allowed. 15.14 Diseasesandlnsects. NoOwnershallperrnitanythingorconditiontoexistupon his lot which shall induce, breed, or harbor infectious plant diseases or noxious insects. 1 5 . I 5 Mineral Exploration. No property within the PUD shall be used in any manner to explore for o¡ to remove any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or any other such substance or other mineral of any kind except for any excavation that may be done in connection with the construction of a dwelling on the property. 15.16 Restrictions on Fufher Subdivision. No lot shall be further subdivided. No Owner, except Declarant, may grant aû easement or other interest in a lot without the prior written approval of the Board and the Architectural Cornmittee. 15.17 Siens. Nosigns(includingwithoutlimitation,commercial,family"crest"orna.me signs, and all such similar signs) which are visible from neighboring property shall be erected or maintained on any lot except: (a) Such signs as may be required by legal proceedings; O) Such residential identification signs as are installed in the initial construction of the dwelling units, subject to the review of the Architectural Committee and approval by the Board as to suitability; (c) During the time of constnction of any residence or other improvement by Declarant, job and sales identiFrcation signs; and (d) Approved PUD identification monument sign(s) located at the entry to the PUD. In addition to and in conjunction with the signage, one or more monument walls at the PIJD entrance may be constructed. (e) Notmorethan one "for sale" signhaving dimensions not to exceedeighteen (18) by seventy-two (72) inches, pursuaÍt to the Rules of the Association, so long as the posts or standa¡ds for said signs do not damage or destroy lawns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the construction of improvements on any lot or within the real property or during the period of time any lot is owned by Decla¡ant. Declaration of Covenants, Conditions, and Rcslr¡ctions for Snowy But(c Mcadows - A Planned Unit Development Pagc2L o126 /.1 - adjacent parcels. All overhead or other area lighting shall be shielded to cast a downward glare. There shall be no night guard lights. 16. DEVELOPMENTRIGTTS l6.t Limitations of Restrictions. Declarant is undertaking the work of constructing improvements identified in Section 16.2. The completion of that work and the sale, rental, and other disposal oflots is essential to the establishment and welfare ofsaid property as a residential community. In order that said work may be completed and said property be established as a fully occupied residential community as rapidly as possible, notbing in these restrictions shall be understood or construed to: (a) Prevent Declarant, its contractors, subcontractors, or permittees from obtaining reasonable access over and across the common area of the PUD or from doing, on any lot or any polion of the PUD, whatever is reæonably necessary or advisable in connection with the completion of said work; or (b) Prevent Decla¡ant from maintaining such signs within the PUD, as may be necessary for the sale or disposition of the lots therein. 16.2 Declarant's Develooment Rishts. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the real property described on Exhibit A. Upon development of all such property, Decla¡ant shall have constructed or shall construct a private drive. Decla¡ant shall const¡uct a the Bridge in accordance with alt relevant approvals and statutes, n¡les, ordinances, and othe¡ Federal, State, County, or local regulations. Nothing in to commenc€ and comPleÞ construction of im to construct such additional improvements as of all of the real Property described in Exhibit A. I'1, CENERALPROVISTONS. l7 'l of this Dectaration e by the Association i assigns' u4S2ffiRr ftecla¡ation of Covcnants, Conditions, and Rest¡ictions for Snowy Buttc Me¡dows - A Planned Unit Devclopment Page2l of26 I.b' 'i 1 shall be deemed to have been delivcred and received five (5) calendar days after a copy thereof has been deposited in the United States Postal Service, postage prepaid, addressed as follows: (a) Ifto the Association, to the address designated by the Association as its principal office address in the Articles, (b) lf to an Owner, to the address of any lot owned in whole or in part by hirn/her or to any other address last furnished by an Owner to the Association' (c) If to Declarant:Dale Ctark 3365 Snowy Butte Lane Central Point, OR 97502 provided, however, tha at any time delivering a written no sociation. file the correct mailing ociation an Association in writing of any subsequent change of address. l?.8 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. l7,g Partial lnvalidity. The invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of, or enforceability of, any other provision. 77, singular shall include the plural and the plural the ntrary; and the masculine, feminine, and neuter sha neuter a!¡ the context requires. ilt ilt ill ilt ill ill Declaration of Covenants, Conditions' and Rcstrictions for Snowy Buttc Mcedows - A Planncd Unit Dcvclopmcnt Page25 oÍ26 ?/E- @u@EIqllæ@¡'þ@llrc@l r!iEt trLOt þtol rqta@l rJøt2Eq.¡-ú1tvE3@lgtM!t¡ta-íi#sttRtEt Ef:9IIRXET FOE¡.IDE{DùL F. C¡dttw* Mùb lcNd. q.9&coP¿¡¡OIUII' EPæYAI:tWùúùtfr&dffiMWsW-\ -EV.'ãæaÐ\ -aVfdÈtræeBdlsaEer| - B UJ Á ãr/&rÉ 3ry øruaFFO rrrr¡\ .+3*9,ã'/æcEs,t.&dffwo - ñ r/J, Í â ãr/ ñ* a u ma&ãnX .aqlt*drtlÆeßud.&5.G SZ Ww-rÞFl¡l¡!I,lIII¡8¡tIS OF erßnusl*IæJxraææGEt W_d M tu diùd rwt tu d ttoryù oFqrytuq#¡ffi-ffi WY*W,Æ"taiwú l4 atuí?tuaÀÆr@ tLût.."" IlIStæ MTIE ffiw Æ47t7LWnmt frxr4:nt7t û,ft)wltf zxÊ4t trt, û,tû,atltg EWU?tr+ &E)mM ffi-úttn ffirqÆ_ArÂ_-¿r¡¡_Ff,.t'II)llql8l#q'a"'r;\î-N-€F4IxIu The following provisions shall bc added to the Declaration and become part of the Declaration: 3.6 I4!.1. Lot I i¡ not requlrcd to h¡ve r rprlnkler rystcm. 3.8 OffSite Storm Drainage. The owne¡s of the property located ar 3303 Snowy Buttc l¡ne shall have the right to divert storm drainage into the PUD's storm drainage facilities. 3.9 t andscepe Ship. Owners sh¡ll plant @ one plant per 3 feet lhe following plant t¡çes; Blue Oat Grass one- gallon size (Helictotrichon Sempervirens-l) / Daylily Stella de Oro' one gallon sizc (Hemerocallis 'Stella de Oro'- l) / Kinnickinnick 'Massachuestts' - one gallon size ( Arrctostaphylos uva-ursi Massachusetts) / Gulf Stream one gallon size (Nandina 'Gulf Stneam'- I gal) Ovmer shall also provide e drip system for plants and t¡ees and Mediums s¡zed bark in the four foot strip between the streets a¡rd sidewalks. The Landscape Strip and lot # l9 shall be maintained by a professional maintenance service hired by the Homeowner's association 3.10 On¡ners are responsible for watering plants and t¡ees in their portion of Landscape Strip. The following provisions shall supersede the corresponding provisions of the prior recorded Declaration and become part of the Decla¡ation: Section 3 wastitled"SPECIAL PROVISIONS" under insEumentnumber200i-037179. Section3 isnowtitled"LANDSCAPEMAINTENANCERESPONSIBILITIESAI.¡DSPECIAL PROVISIONS." 2.5 Duties of the Association. The Association shall have the obligation and duties subject to and in apcordance with this Decla¡ation to do and perform the following acts for the benefit of its memberc and for the maintenance and improvement of the cornmon areas. (a) Common Area Maintenance and Operation. To maintain and otherwise manage the common area, after such property is conveyed or othe¡'wise transferred to it all irnprovements located thereor¡ all easements for operation and maintenance purposes over the common area, and all easements for the benelit of membe¡B and the Association withtn the cornmon a¡ea. Additionally, the Association shall be responsiblc for cutring the grass in the four foot suip between the sheets and sidewalks. Eoch Ovmer heteby grants to the Association a nonexclusive easement ofingress and egress to that portion ofhis/her lot as may be reasonably Amendmcnt to Docla¡ation of Covenmls, Condlt¡ons, and Restrio-tioos for Snowy Butlc Mcadous B A Plûncd Un¡t Dûvclopmcnt Pegc 2 of3 U{t28lu¡iúlbeù Jackson county orfc¡al Rocords 2005-006308 l"ä ."=u HELMAT\cdÍzo3l2oos oi :oG:i9 pM $6s oo $5 oo 51 i oo Total:$8'1.00 ]ililt ilililililt ilililil ill llllillllll I I lil lil 01088t 20200500063080130,l 36 I K.hl..nS g.ct.t, countyCl.rl lorJ.ck.oncountt Or.gon, ..ñlly th¡tlh. ln¡tdß.nl ld.dfrd h..ln w¡¡ r..ord.d h h. cl.tln'odr Koülcen s Bcclott - counly cl€rk I. NAME AND LOCATION. The name of the corporation is SNOWY BUTTE MEADOWS HOMEOWNERS ASSOCIATION, INC., (hereinafter referred to as the "Association"). The Association is organized under the Oregon Nonprofit Corporation Law. The initial principal oflice of the Association shalt be located in the City of Central Point, County of Jackson, State of Oregon, but meetings of Members and Directors may be held at such other places which are as close as possible to the property within Jackson County, Oregon, as may be designated by the Board. 2, DEFINITIONS. The terms used herein shall have the meanings set forth in Section l, Declaration of for Sgowy Butte Meadows, a Planned Unit 20Q4S-s Dócument No.oo óío 7 in the OfÏicial claration"), unless otherwise sþııïFcally provided 3. MEMBERSHIP. is the Owner of a Lot which is subject shall be a Member of the Association ned. The foregoing is not intended to as security for the performance of an or recorded memorandum ofland sale 3.2 Voting. (a) All membership and voting procedures are govemed by the Articles and Bylaws of the Association. (b) The Association shall have two classes of voting membership: BYLAWS OF sNowY BUT'TE MEADOWS HOMEO\ilNERS ASSOCIATTON, INC. Ä.N OREGON NONPROFIÎ CORPORATION BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page I of 13 BYLAWS OF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Page3ofl3 3 (g) New business. 5.9 Conduct of Meeting. The President shall preside over all meetings of the Association and the Secretary shall keep the minutes of the meeting and record in a Minute Book resolutions adopled at the meeting and shall keep; a record ofall transactions occurring thereat. Roberts Rules of Order (latest edition), as modified by the Board of Directors, shall govem the conduct of all meetings of the Association when not in conflict with the Declaration or these Bylaws. 6. BOARDOFDIRECTORS. 6.1 Number. Tenure and Oualifìcations. After the Turnover Meeting, the Board of Directors of this Corporation shall consist of three (3) Members. At the first annual meeting of lhe Members of the corporation, and at each annual meeting thereafter, the Board of Directo¡s succeeding the initial Board of Directors shall be elected by the Members as hereinafter set forth. Both Class A and Class B Members are pennitted to cumulate ttleir votes either by giving one candidate for election to the Board of Directors as many votes as the number of such Directors to be elected, or by distributing such votes on the same principle among any number of such candidates. Notwithstanding anything else in these Bylaws, Articles of lncorporation, the Declaration or any other agreement to the contrary, it is the intent of these Bylaws that so long as there are two classes of Members, the cumulative votingprovisions herein shall be interpreted to allow the Class A Members to elect not less than one (l) Director. Cumulative voting shall cease when the Class B membership is converted to Class A membership as provided in the Articles of Incoçoration and the Declaration. Directors need not be Members of the corporation. The Declaration and these Bylaws provideforaperiodofconholoftheAssociationbytheDeclarant. Suchconholshallinclude allowing the Declarant to appoint or remove Members of the Board of Directors of the Association until the Turnover Meeting. 6.2 Powers. The busi shall be managed by its Board of Directors. The Board of Directo set forth in the Oregon Nonprofit Corporation Act, the Articles of nd the Declaration, except where the same are reserved to the Me re 'Hi?:1,::r;iåJ,*J:ll.i."?lj* to time for the holding of any special m BYLA\I'S OF SNOWY BUTTE MEADO\ryS IIOME OWNERS ASSOCIATION, INC. Pagc5ofl3 ,l 6. l3 Cornpensation and Expenses. No Director shall receive compensation for hiVher services as a Director ofthe corporation. Reimbursable expenses, ifany, shall be paid upon approval of the Board of Directors, 6.14 Fidelity Bonds. 'fhe Board of Directors shall require that any person or entity, including, but not limited to, employees of any professional manager, who handles or is responsible for Association funds, shall furnish such fidelity bond as the Board deems adequate. The premiums on such bonds shall be paid by the Association. ó.15 Ooen Meetings. All meetings of the Board of Directors shall be open to the Members. 7. OFFIÇERS AND THEIR DUTIES. 7.1 Enumeration of Officers. The Officers of the Association shall be a President, a Secretary and a Treasurer, and such other Offrcers as the Board may from time to time deem n€cessary. Only the ofïices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one ofany ofthe other offrces. The President shall be a Member of the Board of Directors. No other Oflicer shall be required to be selected from the Board of Directors. '1.2 Election of Officers. The election of Officers shall take place at the first regular meeting of the Board following the Tumover Meeting and each annual meeting of the Members thereafter; provided, however, prior to the Tumover Meeting, the Offrcers maybe appointed on an annual basis by the Board of Directors or by Declarant. 7 .3 Term. The Oflicers ofthe Association shall be elected annually by the Board, and each shall hold office for one (l) year unless they shall sooner resign, or shall be removed, or otherwise become disqualified to serve. 7.4 Resignation and Removal. Any Officer may be removed from offico with or 7.5 Vacancies. A vacancy in any oflice may be filled in the manner prescribed for regular election. The OfTicer elected to such vacancy shall serve for the remainder of the term ofthe Oflicer he/she replaces. 7.6 Duties, The duties of the Officers are as follows: (a) at all meetings of the Board; shall see that orders and ¡esolutio t; and shall, ifrequired by the Board, sign all written instruments (b) The Secretary shall act in the place and stead ofthe President in the event of his absence, inability or refusal to act. The Seèretary shall record the votes and keep the BYLAWS OF SNOWY BUTTE MEADOìI/S HOME OU'NERS ASSOCIATION, INC. PageTofl3 1 (a) The fact of the common directorate or interest is disclosed or known to the Board of Directors or a majority thereof or noted in the Minutes, and the Board authorizes, approves, or ratifies such contract or transaction in good faith by a vote sufficient for that purpose; or (b) The fact of the common directorate or interest is disclosed or known to the majority thereof, and they approve or rati$ the contract or transaction in good suflicient for that purpose; or Members, or a faith by a vote (c) The conhact or transaction is commercially reasonable to the Association at the time it is authorized, ratifìed, approved or executed. Common or interested Directors may be counted in determining the presence ofa quorum at any meeting of the Board of Directors or committee thereof which authorizes, approves or ratifies any conhact or trarìsaction, and may vote thereat to authorize any conhact or transaction with like force and effect as if he/she were not such Director or Officer of such Association or not so interested. 9, INSUR.ANÇE. 9.1 lnsurancç To Be Obtained By Association. The Association shall obtain and maintain at all times insurance, as set forherein, including insurance against lire, vandalismand malicious mischief, where applicable and appropriate, with endorsement for extended coverage, or other perils, for the full insurable replacement value of the Association property. The insurer shall be governed by the following provisions: (a) The insurer shall w¿ivo its rights of subrogation to any claims against the Declarant, the Board of Directors, the Association, the Managing Agent, the Owners and their respective agents, employees, tenants, guests and, in the caso of Owners, the members of the their households. (b) The master policy on the Association properly shall not be cancelled, invalidated, or suspended on account of the conduct of any Member of the Board, Offrcer or employee of the Board of the Board of Directors or the Managing Agent or Owners, without a prior demand in writing that the Board of Directors or the Managing Agent cure the defect. (c) The policy may not be cancelled or substa¡rtially modified without at least thirty (30) days'prior written notice to the Board of Directors. (d) The net proceeds ofsuch policies shatl be payable to the Association. (e) All policies of insurance shall be written with a company licensed to do business in the State of Oregon and holding a rating of "A+n or bett€r by the Best's Insurance Reports, or equivalent. (0 In no event shall the insurance coverage obtained and maintained by the Boa¡d of Directors hereunder be brought into contribution with insurance purchased by individual Owners or their mortgagees, BYLAWS OF SNOWY BUT-TE MEADOWS HOME OWNERS ASSOCIÀTION, INC. Prge9ofl3 9 (b) Failure to Reconstruct or Reoair. lf it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconshucted or repaired, the remaining proceeds may be used by the Association for such Landscape Area improvements as it shall deem appropriate. 9,6 lnsuranceJg.Be Obtained By Owner. Each Owner of a Lot shall insure his Dwelling Unit at is fr¡ll insurable replacement value aga¡nst lire, vandalism and malicious mischief with an endorsement for extended coverage. Each Owner shall obtain from his/herinsuran of its sub y claims against of Dire lion, the he Owners andemploy s and, in the members of IO. MEMBER'S OBLIGATIONS IN CONNECTION WITH USE OF PROPERTY. l0.l Lawful Usq. No Owner shall permit or s any Lot or the Landscape Area which will increase the r or the contents thereof, or the Landscape Area, which pay Association dues and assessments e terms of the Declaration and these ulgated by the Board of Directors or request Project rgency, ll. BooKsANpRECoRDS. -l _l . I , lnsoe=ction. The membersbip register, books of account and minutes of meetings of the Members, of the Board and of committees of the Board shall be made available fır Member of the Association ime and for a purpose reasona ociation or at such other place ll,2 Rules. The Board shall establish reasonable rules with rospect to: ^ (a) Notice to be given to the custodian of the records by the Member desiring to make the inspection. BYLAWS OF SNOV/Y BUTTE MEADOY\/S HOME OWNERS ASSOCIATION, TNC. Page ll of13 t\ Provided, however, that any such address may be changed at any time by the party concemed bydeliveringawrittennoticeofchangeofaddresstotheAssociation. EachOwnerofaLotor his Tenant shall file the correct mailing address of such Owner or his Tenanl with the Association, and shall promptly noti$ the Association in wdting of any subsequent change of address. 14. NUMBER:GENDER. Thesingularshall include thoplural and the plural thesingularunless the contextrequires the conûary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuteÍ, as the context requires, IN WTTNESS WHEREOF, we, the undersigned, being all of the Directors of SNOWY BUTTE MEADOWS HOMEOWNERS ASSOCIATION, INC,, hereunto set our hands this3/ day "fçb^"-^7-2oyr5 Director Director STATE ofOREGON ,âcksn County )* and ælcrowlcdgod tìo foFgolng lEtlmcnl ao ict.mç: My conmisslon BYI.ÂWSOF SNOWY BUTTE MEADOWS HOME OWNERS ASSOCIATION, INC. Paget3ofl3 tbo ,9 ooqùìIßÃ8-¡:ê.7l8-8:lI8;IÞßI6J\e'szdEqc-I2eÀ47Its!ÀJÈt03tsr8;fDRIVEq@LPOEdI8l É¡qàbL'---60.I62@I,lirüaIÞl9f,u-lI- -.f!f3dE68-fo]t@10¿t-aëIèut-sbJ_ßba-fo-¡¿ul-gã59Hb8-l!Fö8 PSBı' Ë-åp" É^\Q<Igr eÈsF;0EIïoø\l¡ooofirr¡rr¡¡¡QSSPPlrue$\ËË$rËäg oiãPë!14ËåËËËüãtË* È E r ült È I I hu88:: tlF F E ß iËiìäË ãB;[rËHêUqofl3gËËF¡eñ,8Irl"rrþ,slrl*ùatpGH*ìF*úygüÈËsåãxaËÈrHË'Ë;äË,rË** E€,qe;sgloqIè:IsBEILL LI.NEßf 0ffi86 s@JlfE!4ãBFËHiqFg¡H$Etø*åÈ%.242 $BBqER.\FËIq4,ürËô**N51ñıgsIt'w6{9os'6162Ø.EiiLr.^%Í,.1ãIBnEIIpÈaIcqttoq,^\8,Eh)oEElrrFIs-!4eQËBåÈFiçrrııìE*ËIqoìEÆUENTo6gl The following provisions shall be added to the Declaration and become part of the Declaration: 3.6 I4!-1. Lot I ir not required to h¡ve r rprlnkler rysaem. 3.8 Otr Site Sûorm Drain¡qe. The owners of rhe pncperty located at 3303 Snowy Buttc l¡ne shdl have the right to divert stonn drainag€ inûo thc PUD's storm drainage facilities. 3.9 L¡ndscope Strio. Owne¡s shsll plant @ one plant per 3 feet the following plant types; Blue Oat Grass ono- gallon sizc (Hclictotrichon Sempcrvirens-t) / Daylily Stella de Oro' one gallon size (Hemerocallis 'Stella de Orc'- l) / Kinnickinnick 'Massachuestts' - one gallon size ( Arctostaphylos uva-ursi Massachusetts) / Gulf Stream one gallon size (Nandina'Oulf St¡eam'- I gsl) Owner shall also plovide a drip system for plants and trces and Mediums sized bark in the four foot strip between the streets and sidewalks, The Landscape Strip and lot # 19 shall be maintained by a professional maintenance service hired by the Homeowner's a¡sociation 3.10 Owners are responsible for warcring plants and trees in their portion of Landscape Strip. The following provisions shall supenede the corrcsponding provisions of the prior recorded Declaration and become part of the Decla¡ation: Section 3 was titled "SPECIAL PROVTSIONS" under instrument numbe¡2005-037179. SCCIiON 3 iS NOW tiIIEd..LANDSCAPE MAINTENAI.ICE RESPONSIBILITIES AT{D SPECI.AL PROVISIONS." 2.5 Duties of the Associatlon. The Association shall have the obligation and duties subjeot to and in accordance with this Declar¿tion to do and perform the following acts for the benefit of its members and for the maintenance and improvement of the common a¡eas. (a) Common Area Maintenance and Operation. To maintain a¡rd otherwise manage the common areq after such property is conveyed or otherwise transferred to it all improvements located thereon, all easements for operation and maintenanc€ purposes over the conrmon a¡ea, and all easements for the benefìt of membe¡s and the Association within the common a¡ea. Additionally, the Association shall be responsiblc for cuüing the grass in the four foot strip betwecn the streets and sidcwalks. Esch Ovmer hereby grants to the Association a nonexclusive easement of ingress and egress to that portion ofhisÀer lot as may be reasonably Amcndmøt to Doclafttlon of coy€nüls, cond¡tioß, and Restrictioos for Snowy Butæ Mcadowr B A Plaoncd Unlt Dovclopmcnt Pagc 2 of3 W¡2M¡rtuþ€¡ù PDF createÏfwTtFp-dfF