COVENANTS, CONDITIONS, AND RESTRICTIONS

Transcription

1 COVER LETTER FOR GARDEN VILLAS SERVICE ASSOCIATION COVENANTS, CONDITIONS, AND RESTRICTIONS The following pages contain a transcript of the "Covenants, Conditions, and Restrictions" for the King City Garden Villas Service Association. The transcript was made based on a photocopy of the microfiche records stored at the Washington County, Oregon, Registrars Office in Hillsboro. The transcriber has made a diligent effort to accurately reproduce the original document including retention of inconsistent underlining, misspellings, syntactical and grammatical errors, as well as improper and missing punctuation. Where these errors are found, they are followed with "[sic]" and in one instance "[.]" to signify a missing period. Also, the [note] at the bottom of each page indicating this is a transcript and not the official document was added by the transcriber. The text spacings on each page of this transcript are not exactly as shown in the official version, but the text itself on each page begins and ends exactly as it is in the official version. This explains why some sentences in the transcript are broken and continued on the following page even though there was sufficient space to complete them on the same page. ERRATA: Because the original CC&Rs were recorded before Garden Villas was fully expanded to its current size, the legal property description on the first page is incomplete. A complete description can be found in Appendix A of the Garden Villas Amended and Restated Bylaws. Article I states that Garden Villa Service Association is an Oregon non-profit corporation. Changes in IRS regulations have classified the Association as a "for profit organization. Article VIII states that the Service Association is responsible for TV cable maintenance. The original TV translator tower and cable were subsequently sold to the local TV cable provider and no longer are owned nor maintained by the Service Association. NOTE: This transcript is not a legal document. If you need a copy of the official CC&Rs, you can obtain a photocopy from the aforementioned Registrars Office or from the Garden Villas Service Association Managing Agent. There will be a charge for the photocopy.

2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO KING CITY TRACT X, AND OTHER PROPERTIES, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON THIS DECLARATION, made on the date hereinafter set forth by TUALATIN DEVELOPMENT CO., INC., an Oregon corporation, hereinafter referred to as Declarant, W I T N E S S E T H: WHEREAS, Declarant is the owner of certain property in the County of Washington, State of Oregon, and more particularly described as: [see errata] Lots 5, 6, 7 and north portion of Lot 8 (that portion situated north of S.W. Fischer Road) in Lamberts Addition of Peachvale, Washington County, Oregon. hereinafter referred to as Properties, including but not limited to, that portion thereof platted as: and King City X, a subdivision of part of the Properties, Washington County, Oregon. WHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth; NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and BOOK 772 PAGE 604

3 attractiveness of te [sic] Properties. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. Civic Association shall mean and refer to King City Civic Association, an Oregon non-profit corporation, its successors and assigns. Section 2. Service Association shall mean and refer to Garden Villas Service Association, an Oregon non-profit [see errata] corporation, its successors and assigns. Section 3. Properties shall mean and refer to that certain real property hereinbefore described and so designated, and such additions thereto as may hereafter be brought within the jurisdiction of the Service Association. Section 4. Residential Unit shall mean and refer severally, to the respective residential units so designated in the Plat of King City X or in any other plat hereafter recorded respecting a subdivision of the Properties, together also with the interest herein defined in the party wall or walls located at and along a boundary or boundaries of such residential unit and shares in common with the contiguous residential unit or units abutting on such boundary or boundaries. Section 5. Member shall mean and refer to every person or entity who holds membership in the Service Association. BOOK 772 PAGE 605

4 Section 6. Owner shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Residential Unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. Declarant shall mean and refer to Tualatin Development Co., Inc., an Oregon corporation, its successors and assigns. ARTICLE II In addition to all other provisions of the Covenants, Conditions and Restrictions contained in this Declaration, the Properties shall be governed by the Amended and Restated Declaration of Conditions and Restrictions pertaining to King City I, and other tracts, recorded the 19th day of February, 1970, in Book 771, Pages 932 through 945, Washington County, Oregon. ARTICLE III ANNEXATION OF ADDITIONAL PROPERTIES Section 1. To bring within the jurisdiction of the Service Association property in addition to that located within the Properties as above defined shall require the assent of twothirds (2/3) of the votes of the Class A members and two-thirds (2/3) of the votes of the Class B members, if any, at a meeting duly called for this purpose, written notice of which meeting shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting and such notice shall set forth the purpose of the meeting. The presence of members or of proxies entitled BOOK 772 PAGE 606

5 to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not present at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one-half of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. In the event that two-thirds (2/3) of the Class A membership or two-thirds (2/3) of the Class B membership are not present in person or by proxy, any member not present may give his written assent to the action taken thereat and such assent shall be the equivalent of his affirmative vote. The above provisions relating to annexation of additional property are subject to the provisions of Section 2 below. Section 2. If within 10 years of the date of recording of this declaration, the Declarant should develop additional land contiguous to the Properties, such additional lands may be annexed to said Properties without the assent of the Class A members; provided however, that the development of the additional lands described in this section shall be in accordance with a general plan consistent with the development of the Properties and submitted to the Board of Directors of the Civic Association prior to such development. If the Civic Association, acting through its Board of Directors, determines that such plans are not consistent with the general plan of development of the Properties and the Civic Association so advises the Declarant, the development of the additional lands must have the assent of the Board of Directors of the Civic Association. BOOK 772 PAGE 607

6 ARTICLE IV MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any residential unit which is subject by covenants of record to assessment by the Service Association, including contract sellers, shall be a member of the Service Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any residential unit which is subject to assessment by the Service Association. Ownership of such residential unit shall be the sole qualification for membership. ARTICLE V VOTING RIGHTS The Service Association shall have two classes of voting membership: Class A. Class A members shall be all those Owners defined in Article IV with the exception of the Declarant; provided, that Declarant shall become a Class A member when its Class B membership has been converted as hereinafter defined. Class A members shall be entitled to one vote for each residential unit in which they hold the interest required for membership by Article IV. When more than one person holds such interest in any residential unit, all such persons shall be members. The vote for such residential unit shall be exercised as they among themselves BOOK 772 PAGE 608

7 determine and shall have certified unanimously and in writing to the Secretary of the Service Association, but in no event shall more than one vote be cast with respect to any residential unit. Class B. The Class B member(s) shall be the Declarant. The Class B member(s) shall be entitled to three (3) votes for each residential unit in which it holds the interest required for membership by Article IV, provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal to [sic] the total votes outstanding in the Class B membership, or (b) on January 1, ARTICLE VI COVENANTS FOR SERVICE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any residential unit within the Properties by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to covenant and agree to pay, to the Service Association monthly assessments to be fixed, established and collected from time to time as hereinafter provided. Until modified by the Service Association, acting through its Board of Directors, the monthly assessment, by designated type of residential unit, shall be: BOOK 772 PAGE 609

8 Type A Unit: $ Type B Unit: $ Type C Unit: $ Type D Unit: $ Type E Unit: $ Type F Unit: $ The Board of Directors of the Service Association may from time to time adjust, either by increase or decrease, the monthly assessments rate as the Directors shall determine to be appropriate to serve and fund the pruposes [sic] of the assessments and to maintain adequate reserves therefor. Increases or decreases in the monthly assessment shall be uniformly applied as proportionate changes to the original assessments above defined. The monthly assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the residential unit and shall be a continuing lien upon the residential unit against which each such assessment is made. Assessments may be collected on a monthly basis or such other basis as the Board of Directors of the Service Association shall determine. Each such assessment, together with such interest, costs, and reasonable attorney s fees shall also be the personal obligation of the person who was the Owner of such residential unit at the time when the assessment fell due. The accrued and unsatisfied personal obligation shall not pass to the successors in title of the Owner at the time the assessment is levied unless expressly assumed by them. Section 2. Purpose of Assessments. The monthly assessments levied by the Service Association shall be BOOK 772 PAGE 610

9 established and used for the purpose of providing exterior maintenance of the residential units owned by a Class A member [sic] of the Service Association, as the term exterior maintenance is hereinafter defined in Article VIII, for payment of insurance premiums contemplated by Article IX, and for such other purposes as the Directors of the Service Association shall determine. Section 3. Date of Commencement of Service Assessments: Due Dates. The monthly assessments provided for herein shall commence as to respective residential units on the first day of the month following the conveyance of title by the Declarant to the first purchaser. Written notice of any change in the monthly assessment shall be sent to each Owner subject thereto. The due dates shall be established by the Board of Directors. Upon demand of the Owners, the Service Association shall furnish a certificate in writing signed by an officer of the Service Association setting forth whether the assessments on a specified residential unit have been paid. A reasonable charge may be made by the Board of the Service Association for the issuance of such certificate. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Assessments paid, or levied but unpaid, shall be the property of the Service Association and no owner shall have any personal interest therein nor any right to withdraw or assign any portion of accrued and unexpended assessments on hand in the Service Association. Section 4. Effect of Nonpayment of Assessments: Remedies of the Service Association. Any assessments which BOOK 772 PAGE 611

10 are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the dates of delinquency at the rate of eight percent (8%) per annum and the Service Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the assessed residential unit, and interest, costs, and reasonable attorney s fees of any such action or suit, and any appeal therefrom, shall be added to the amount of such assessment, and included therein and in the lien. Section 5. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any residential unit shall not affect the assessment lien. However, the recording of a deed of conveyance pursuant to a sale or transfer of any residential unit which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such recordation of deed of conveyance. No sale or transfer shall relieve such residential unit from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VII PARTY WALLS AND RELATED EASEMENTS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the residential units upon the Properties and placed along BOOK 772 PAGE 612

11 the dividing line between residential units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. As a permanent easement running with the residential unit of which it is a part, and not limited in personam, to the owner thereof, each residential unit shall have the right to enjoy in common with the adjacent property and its Owner, such portion of any party wall as shall be located on property adjacent to the residential unit for purposes of support, and the adjacent residential unit shall be subject and servient to such easement. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of the portion of a party wall not exposed to the weather shall be borne by the Owner in whose residential unit the party wall is exposed. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent BOOK 772 PAGE 613

12 or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner s successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be a majority of all the arbitrators, and such decision shall be binding on all parties concerned. ARTICLE VIII EXTERIOR MAINTENANCE The Service Association shall provide exterior maintenance upon each residential unit which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building and wall surface exposed to the weather, and other exterior improvements and TV cable service maintenance [see errata], and such other services as the Board of Directors of the Service Association shall from time to time resolve to perform. Such exterior maintenance shall not include glass surfaces. The maintenance and replacement of glass surfaces shall be the responsibility of the Owner in whose residential unit the glass is located. In the event that the need for maintenance or BOOK 772 PAGE 614

13 repair is caused through the willful or negligent act of the Owner, his family or guests or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such residential unit is subject. Routine maintenance contemplates exterior painting at intervals of four (4) years and new roofing at intervals of fifteen (15) years. However, the Board of Directors of the Service Association shall have the authority to determine need for maintenance attention and to provide for the expense thereof in accordance with the provisions of Article VI of these restrictions. The Board of Directors shall be at all times authorized and empowered to contract on behalf of the Service Association the performance of exterior maintenance in accordance with the bylaws of the Service Association. ARTICLE IX INSURANCE Section 1. The Board of Directors of the Service Association shall procure and maintain, and from the assessments referred to in Article VI pay the premiums for, a policy or policies (herein called "the policy") of fire insurance, with extended coverage endorsement, for as nearly as practicable to one hundred percent (100%) of the insurable replacement cost value of the residential units and/or building service equipment without deductions for depreciation and without consideration of extra improvements which any Owner shall have caused to be affixed to his residential unit in its initial basic form (such value to be determined annually by the Board and to exclude property of every kind and description while underground, except BOOK 772 PAGE 615

14 underground conduit or wiring when beneath the buildings covered herein) in the name of the Board as insured as trustee for the several owners of the residential units in the ratio that the initial basic price of their respective units bears to the total of the initial basic price of all residential units then insured. Such policy: (i) shall contain no provision limiting or prohibiting other insurance by the owner of any unit, but if reasonably obtainable, shall provide that the liability of the insurer shall not be affected by, nor shall the insurer claim any right of set-off, counterclaim, apportionment, proration, or contribution by reason of, any such other insurance; (ii) shall contain no provision relieving the insurer from liability because of loss occurring while the hazard is increased in the building, whether or not within the control or knowledge of the Board, or if reasonably obtainable, shall contain no provision relieving the insurer from liability by reason of any breach of warranty or condition caused by the Board or the owner or tenant of any unit, or by reason of any act or neglect of the Board or the owner or tenant of any residential unit; (iii) shall provide that the policy may not be cancelled [sic] (whether or not requested by the Board) except by giving to the Board and to the owner of each residential unit who shall have requested such notice of the insurer in writing addressed to him at the premises, thirty (30) days [sic] written notice of such cancellation; (iv) shall contain a provision waiving any right of subrogation by the insurer to any right of the Board BOOK 772 PAGE 616

15 against the owner or lessee of any residential unit; (v) shall contain a provision waiving any right of the insurer to repair, rebuild and replace or to require that the owner do so. (vi) shall provide that in the case of any loss, the loss shall be adjusted with the Board. (vii) shall contain a standard mortgagee clause which (a) shall name the holder of any mortgage affecting any residential unit whose name shall have been furnished to the Board; (b) shall provide that the insurance as to the interest of the mortgagee shall not be invalidated by any act or neglect of the Board or the owner or tenant of any residential unit; (c) shall waive any requirement invalidating such mortgagee clause by reason of the failure of the mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the mortgagee pay any premium (provided, however, in case the Board shall fail to pay the premium due or to become due under the policy, the mortgagee may pay the same prior to the effective date of the termination of the policy), any contribution clause, and any right to be subrogated to the rights of any mortgagee against the owner or lessee of any residential unit or the Board or to require an assignment of any mortgage to the insurer, except that the insurer will have the right of subrogation to the extent of insurance proceeds received by and retained by the BOOK 772 PAGE 617

16 mortgagee if the insurer shall claim no liability as to the mortgagor or owner, but without impairing mortgagee s right to sue; (d) shall provide that without affecting the protection afforded to the mortgagee by such mortgage clause, any proceeds payable under such clause shall be payable to the Board or to an insurance trustee as proved by the Bylaws; and (e) shall provide that any reference to a mortgagee in the Policy shall include all mortgagees on any unit, in order of preference. (viii) The Board shall procure and maintain a policy or policies (herein called "the Policy") of Public Liability insurance to insure the Board, each unit owner as the owner of a residential unit, and the Managing Agent and other employees of the Service Association against claims for personal injury and property damage arising out of the existence of premises or operations or contractors of construction work under a Comprehensive General Liability form to include (1) coverage of Automobile Liability for owned-hired or non-owned automobiles, (2) Water Damage Legal Liability and (3) Fire Damage Legal Liability. Said insurance shall name Owners and employees as aforesaid as additional insured, it being understood and agreed that the insurance will exclude coverage for the personal activities of Owners of the residential units and employees as aforesaid, and for liability arising out of ownership of individual residential units. Said insurance shall be for such limits as the Board may decide. (a) shall contain no provision relieving the insurer from liability because of loss occurring BOOK 772 PAGE 618

17 while the hazard is increased in the building, whether or not within the control or knowledge of the Board, or by an breach of warranty or condition caused by the owner of any residential unit, or by any act or neglect of the owner or tenant of any residential unit; (b) shall provide that the policy may not be cancelled [sic] (whether or not requested by the Board) except by giving to the Board and to the owner of each residential unit who shall have requested such notice of the insurer in writing addressed to him at the premises, thirty (30) days [sic] written notice of such cancellation. (ix) The Board may also procure insurance against such additional risks as the Board may deem advisable for the protection of the residential unit owners. (x) The Board shall review not less frequently than annually the adequacy of its insurance program and shall report in writing the Board s conclusions and action taken on such review to the members of the Service Association. At the request of any mortgagee of any residential unit, the Board shall furnish to such mortgagee a copy of the Policy described in the first paragraph of this Section1. Copies of every policy of insurance procured by the Board shall be available for inspection by an [sic] residential unit owner (or contract purchaser) at the office of the Managing Agent. (xi) Any such coverage procured by the Board shall be without prejudice to the right of the owners of residential units to insure such residential units and the contents BOOK 772 PAGE 619

18 thereof for their own benefit at their own expense. It shall be the responsibility of the several owners to ascertain and inform themselves of the terms of coverage of insurance of respective kinds, and the limits of such coverage under policies procured and maintained from time to time by the Service Association and to secure such additional insurance, if any, as they may desire for their further protection. Section 2. Damage, Destruction and Replacement. (i) In the event of substantial damage to or destruction of a building or one (1) or more residential units, all available insurance proceeds, including proceeds received for damage to building [sic] on any policy taken out by the Service Association for residential unit owners, shall be held in trust by the Board to repair, reinstate, rebuild or replace the building (herein called "the work") in accordance with the original plans and specifications or if the work according to the original plans and specifications is not permissible under the applicable laws and regulations, then in accordance with other plans and specifications prepared by the Board. In the event of any deficiency between said insurance proceeds and the cost of the work, each owner of a residential unit shall pay his proportionate share of said deficiency as common expenses. The Board shall have the authority, as agent of all owners, to enter into a contract or contracts to accomplish the work. (ii) Nevertheless in the event that, after substantial damage to or destruction of the building, the Board shall determine that such damage or destruction [sic] shall not be rebuilt, repaired or restored, or in the event such damage or destruction [sic] shall not have been rebuilt, repaired or restored BOOK 772 PAGE 620

19 within a reasonable time after occurrence thereof, the premises shall be subject to an action for partition by any owner of a common interest or lienor as if owned in common, in which event the premises shall be sold and the net proceeds of the sale, together with the net insurance proceeds, shall be distributed in proportion to the respective common interest and in accordance with law. (iii) Upon the completion of the work and payment in full therefor, any proceeds of insurance then or thereafter in the hands of the Board or the Insurance Trustee shall be paid or credited to the owners of the residential units (or to the holder of any mortgage on a unit if there be a mortgage) in proportion to their respective common interest. (iv) To the extent that any loss, damage or destruction to the building or other property is covered by insurance procured by the Board, the Board shall have no claim or cause of action for such loss, damage or destruction against any residential unit owner or lessee. To the extent that any loss, damage or destruction to the property of any residential unit owner or lessee is covered by insurance procured by such owner or lessee, such owner or lessee shall have no claim or cause of action for such loss, damage or destruction against the Board, the Managing Agent or the Service Association. All policies of insurance referred to in this paragraph (iv) shall contain appropriate waivers of subrogation. ARTICLE X EASEMENTS There are hereby specifically reserved for the benefit of the Association, for the residential unit owners BOOK 772 PAGE 621

20 in common, and for each residential unit owner severally, as their respective interests shall obtain, the easements, reciprocal negative easements, secondary easements and rights of way, as particularly identified in this paragraph. (A) There is reserved for the benefit of each residential unit, and the Owners thereof, as dominant tenement to run with the residential unit: (1) A non-exclusive easement for utility services at reasonable places over, under and through the property and each other residential unit, jointly as the servient tenement; (2) A non-exclusive easement for egress and ingress over the streets, walkways and common areas in the Properties as indicated on the respective plats of subdivisions within the Properties now or hereafter filed, which easement shall extend to the licensees of any resident as long as such licensee conforms to applicable rules and regulations of the Service Association, the Civic Association and other regulatory bodies with authority; and (3) An easement for encroachment, occupancy and use of such portion of the property and each other residential unit, jointly as the servient tenement, as shall be encroached upon, used and occupied by the Owner of the dominant tenement as a result of any alluvion, accretion, erosion, subsidence, landslide or collapse, deterioration, decay, construction errors, overhanging structures, movement or subsidence of buildings or structures, or any portion thereof including, but not limited to, the placement of party walls. BOOK 772 PAGE 622

21 (B) There is reserved to the Service Association, its agents and servants, an easement in gross of which all of the residential units shall be jointly to the servient tenement, as easement of entry and of access for the installation and maintenance of utility lines, utility meter boxes, and to permit the Service Association to perform its services, and for the performance generally of its rights and duties as provided in this Declaration of Restrictions. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Service Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration[.] Failure by the Service Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants, easements and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Service Association, or the Owner of any residential unit subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be BOOK 772 PAGE 623

22 automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the then Owners of the residential units in the Properties, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the then Owners of the residential units in the Properties. Any amendment must be properly recorded. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 26th day of February, TUALATIN DEVELOPMENT CO., INC., an Oregon Corporation By: [Signed by Ronald B. Sorensen] Declarant President STATE OF OREGON ) ) ss. COUNTY OF Washington ) By: [Signed by Anthony W.Wald] Secretary On this 26th day of February, 1970, before me appeared RONALD B. SORENSEN and ANTHONY W. WALD, both to me personally known and being duly sworn, did say that he, the said Ronald B. Sorensen is the President and he, the said Anthony W. Wald is the Secretary of Tualatin Development Co., Inc., the within named Oregon corporation, and that the seal affixed to the foregoing instrument is its corporate seal, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and is the free act and deed of said corporation. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. [Signed by Ruth L Pearson Notary Public for Oregon My Commission Expires January 16, 1971 BOOK 772 PAGE 624