DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICATIONS
For PINEBROOK LOTS
Deschutes County, Oregon
PINEBROOK ASSOCIATES hereby declare that all of the property known as PINEBROOK PHASE I is and shall be held and conveyed upon subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of Pinebrook.
(a) “Declarant” shall include the owners, Margaret G. Symons, Arthur H. Ferenz, Arleen G. Ferenz and James H. Douglas.
(b) “Board” shall mean the Board of Directors of Pinebrook Homeowners Association.
(c) “Association” shall mean all lot owners acting as a group in accordance with the Declaration and Bylaws under the name Pinebrook Homeowners Association.
(d) “Common Area” shall mean all real property owned by the Association for the common and enjoyment of all owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:
All paths, play areas and other real property falling within the overall description of Phase I of the Pinebrook but not delineated on a lot number basis, and any road not dedicated to Deschutes County.
Section 01 - Members
All lot owners must be members of Pinebrook Homeowners Association and are subject to the rules and regulations of that organization, including provisions for enforcement thereof.
Section 02 - Use
Each lot shall be for residential use only. Homes or portions thereof may be rented by owners. No other commercial activity of any kind shall be conducted in or from the property except that of an artist, craftsman or hobbyist provided he does not advertise or offer for sale to the public his products upon the property of Pinebrook. This exception is made because the natural setting of Pinebrook is conducive to the creativity of artists. By consent of all lot owners further exceptions may be granted.
Section 03 - Specifications
Not more than one detached single-family dwelling not to exceed two stories in height, not more than one three car garage or carport, and not more than one accessory building incidental to residential use shall be constructed on any lot excepting those designated on the plat with an asterisk which may be used for multi-family dwellings. Basements, which include daylight, split entry and split level types shall not be considered in determining the number of stories in the dwelling. Minimum square footage per single-family dwelling is 1100 squire feet excluding the garage, unless unanimously approved by the Board of the Association
Section 04 - Set Backs
Set backs shall conform to governmental regulations with variances allowable when approved by the regulating body.
Section 05 - Trees
All trees will be left standing, with the exception of those needing removal for the purpose of home construction.
Section 06 - Painting
All building constructed on any portion of Pinebrook, exception the portions of the whole thereof constructed of brick or stone, shall be painted or process painted both as to exterior and interior within five (5) months of the date of construction of the building is started and shall be periodical painted thereafter. The Board of directors of Pinebrook homeowners Association shall have the power to have the exterior painted and assess the owner charges.
Section 07 - Design Control
The Board of Pinebrook Homeowners Association shall appoint a Design control Committee to ensure that building constructed at Pinebrook will be consistent with the overall plan and design motif for Pinebrook. Purchasers of lots within Pinebrook shall not construct or alter any improvement on their site until:
(a) The owner have submitted to the Design Control Committee, two complete sets of plans and specifications therefore in form satisfactory to the architectural committee, showing insofar as the appropriate (i) the size and dimensions of the improvement, (ii) the exterior design, (iii) the exterior color scheme, (iv) the exact location of the improvement on the home site, (v) the location of driveways and parking areas, (vi) the scheme for drainage and grading, and (vii) the landscaping arrangement; and
(b) Such plans and specifications have been approved in writing by the architectural committee and a copy of such plans and specifications as finally approved deposited for permanent record with the committee.
7.1 Approval of said plans and specifications may be withheld, not only because of their noncompliance with any of the restrictions and conditions contained in this Declaration, but also because of the reasonable dissatisfaction of the architectural committee with the grading and drainage plan, the location of the structure on the home site, the color scheme, the finish, design, proportions, shape, height, style, or appropriateness of the proposed improvement or alteration, the material used therein, the kind, shape, or type of roof proposed to be placed thereon or because of its reasonable judgment of the architectural committee, would render the proposed improvement inharmonious or out of keeping with Pinebrook’s objectives or the improvement erected on other home sites in the immediate vicinity of the leased premise.
7.2 If within 20 days after their’s submission, the purchaser has not been notified in writing as to the acceptance or non-acceptance of the plans and specifications, then they shall be deemed to have approved by the architectural committee.
7.3 The composition of the Design Control Committee shall be one licensed architect, one general contractor, one representative of the developer and a member of the Board of Directors of Pinebrook Homeowners Association.
7.4 The Design control Committee has prepared an architectural checklist setting forth the general plan and motif for Pinebrook which is available at the office of the Sagene Group, 860 Olive, Eugene, Oregon 97401. Any modification will not become effective for 60 days so that persons who are in the process of preparing plans will not be retroactively required to meet the modification so lone as that plan is submitted prior to the running of the 60 day period.
Section 08 - Lot Division
No lot shall be divided.
Section 09 - Sewage
All dwelling shall have an individual sewage disposal system or sewer installed in compliance with the requirement of the State Sanitary Authority or health authority having jurisdiction.
Section 10 - Cleanliness
Each parcel and its improvements shall be maintained in a clean and attractive condition in good repair and in such a fashion as not to create a fire hazard or visual pollution.
Section 11 - Screening
All garbage, trash, cutting, refuse and garbage containers, fuel tanks, clotheslines and other service facilities shall be screened from view from neighboring parcels.
Section 12 - Dumping
No parcel shall be used or maintained as a dumping ground for rubbish, trash, or garbage and other waste shall not be kept except in sanitary containers at all times. All equipment for the storage or disposal of such material shall be kept in clean and sanitary condition. No rubbish may be burned or buried on or near Pinebrook.
Section 13 - Drilling or mining
No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
Section 14 - Mobile Homes
Mobile homes of any kind are not permitted on Pinebrook for residential purpose.
Section 15 - Temporary Residence
No Trailer, tent, shack or other building shall be constructed or placed upon any portion of any parcel to be used as a temporary or permanent residence. However, a small structure for use by a builder as his construction shack may be built or moved on for the duration of the construction period.
Section 16 - Fences
No fence, wall or hedge in excess of forty-eight (48) inches in height shall be permitted to extent from the minimum from setback line of the house to the curb line of the street, and no fence, wall, hedge, or shrub planting which obstructs sign lines at elevations between two and one-haft (21/2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot.
Section 17 - Signs
No commercial sign may be displayed to the public view from any parcel except a “For Sale,” “For Rent” or one used by a builder to advertise that property during the construction and sales period. No sign shall be larger than five (5) square feet, other than that furnished by the sub dividers or their agents. One non-commercial sign will be permitted for each building site. Text shall be limited to the owner’s name and/or the name of the residence. Overall dimensions shall be the minimum required to present the text in letters not exceeding 4” in height.
Section 18 - Public Utility Easement
The Declarant reserves the right to change, extend or close any street or roads in Pinebrook or depicted on the plat of said addition, and to cut new streets or roads; provided such changes shall not interfere with the ingress or egress to the property or any owner.
18.1 Easements and right of way are hereby specifically reserved to the Declarant and the Association, their respective successors and assigns, for the erection, construction, operation and maintenance of roads, poles, trenches, wire and conduits for the transmission of electricity, heat, power, telephone, sewer, drains, water systems and doe any other reasonable purpose, and any other method of conducting and performing any public or quasi-public utility service or function.
18.2 Maintenance shall include the right to remove trees, limbs of trees, shrubs, flowers, undergrowth or other obstructions that endanger and interfere with said equipment, water flow and service. The owner or owner of lots upon said easements are located shall have the right to use at their own risk, the portions of the easement within their lots for gardens or other purposes not of a permanent nature which do not interfere with or threaten to interfere with the use of said easement for the purposes for which it is intended and reserved.
Section 19 - Assessment
Each lot or parcel of land in Pinebrook excepting common areas shall be subject to its prorate share of the necessary costs and expenses incurred in providing labor, material or insurance for the operation or maintenance of roads, paths, bicycle paths, access easements, common recreational facilities and other common areas. These costs and expenses will be part of the annual assessment, which must be paid in advance in October for the following year. Each lot, tract or parcel of land benefited by these expenses shall be subject to alien in favor of the Association for the collection of these expenses and this lien shall be of the same kind and may be enforced as provided in ORS chapter 94 in the Oregon Unit Ownership Law. See the Declaration of Covenants, Conditions and Restrictions (COMMON AREA) for additional restrictions to the common area.
Section 20 - Offensive Activity
No illegal, noxious, or offensive activity, including any nuisance or annoyance is permitted. The noise and other occurrences incident to construction of a house other than building on Pinebrook shall not be considered an offensive activity.
Section 21 - Firearms
The shooting of firearms on the premises is prohibited.
Section 22 - Pets
No animals other than domestic pets shall be kept on any part of Pinebrook and domestic pets shall not be kept, bred, or maintained for commercial purpose.
Section 23 - Enforcement
These restrictions shall be deemed to be for the protection and benefit of each of the owners or occupants of any portion of Pinebrook and it is intended hereby that any such person shall have the right to prosecute such proceeding at law or in equity as may be appropriate to enforce the restrictions herein set forth, including a suit for injunction or for damages.
Section 24 - Term
These restrictions shall run with the land and shall be binding on the owner or tenant of any or all of said land and all persons claiming by, through, or under them until 1994, at which time said covenants shall be automatically extended for successive period of ten years unless by vote of majority of the then owners of the parcels it is agreeable to change said covenants in whole or part.
Section 25 - Invalidation
Invalidation of any one of these foregoing covenants, restrictions, or conditions or any portion hereof by court order, judgment, or decree shall in no way effect any of the other remaining provisions, hereof which shall, in such case, continue to remain in full force and effect.
Section 26 - Binding
The foregoing conditions and restrictions shall bind and inure to the benefit of each of the owners or occupants of any portion of Pinebrook and each of their legal representatives, heirs, successors, or assigns, and a failure, either by the owners above named or their legal representatives, heirs, successors, or assigns, to enforce any of such conditions or restrictions shall in no event be deeded a waiver of the right to do so thereafter.
Section 27 - Omission or Conflict
When these covenants do not cover a situation, the rules and regulations of the City of Bend shall be applied. In all cases where there are conflicting rules showing a difference in requirements, the strictest of the two is to be used. The decision of the Board shall govern in determining which rules are the strictest.
Section 28 - Applicability to Declarant
The provision of this Declaration shall apply to the Declarant so long as it has lots unsold.
Section 29 - Staged Development
Additional land within the area described in Deed Book ____, Page ____ of the land records of Deschutes County may be annexed by the Declarant without the consent of members within ten (10) years of the date of this instrument provided that the annexation is in-accord with the general plan heretofore approved.