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LAND USE AND
BUILDING CONDITIONS,
COVENANTS, AND RESTRICTIONS TO APPLY
TO MARY'S RIVER ESTATES AND
MARY'S RIVER ESTATES FIRST ADDITION
AMENDED
AND RESTATED January 21, 1999
BACKGROUND
The Mary's River Estates
Subdivision (roughly some properties on Mary's River Estates
Road and those properties bordering Daisy Drive) was subdivided
and platted in 1967 by Valley Farms, Inc. and Oregon Corporation
(Benton County Plat Book 6, p. 78). In 1968 the same corporation
subdivided and platted the adjacent area known as Mary's River
Estates First Addition (roughly all properties bordering
Columbine Drive, Iris Circle, Queen Anne Drive and Tansy Drive)
(Benton County Plat Book 6, p. 83). At those times, the
corporation declared for the subdivisions, Conditions, Building
and Use Covenants, Restrictions and Utility Easements (CC&R's)
to ensure the long-term value, safety and overall integrity of
the area. Subsequently, these CC&R's have been renewed so as to
remain in effect in perpetuity as documented in Benton County
Deed Records:
• Mary's River
Estates CC&R's: Microfilm Record # 4406 Dated 9-1-67
• Mary's River
Estates First Addition CC&R's: Microfilm Record # 12376 Dated
2-19-69
• Renewal of CC&R's:
MicrofilmRecord # 84267 Dated 8-26-77
• Renewal and
Automatic Renewal of CC&R's: Microfilm Record # 97313-88
Separate from the CC&R's but
related to land use and character of the area, in 1990 the
Benton County Commissioners passed ordinance No. 90-0073
which changed the zoning in the area from Rural Residential two
acre minimum (RR-2) to Rural Residential five acre minimum
(RR-5) for the Mary's River Estates Subdivisions. The same
ordinance amended the County Zoning Map to remove the
Manufactured Housing Zoning Overlay (/MH). (Microfilm Record #
124839-90 Dated 8-11-90)
The subdivisions, as in all of
Benton County, have experienced dramatic growth and development
that could have significant impacts on the character of the
area. Therefore, the following revisions are to update, amend
and restate the CC&R's to assure continued protection:
A. PURPOSE OF COVENANTS,
CONDITIONS AND RESTRICTIONS
These Covenants, Conditions and
Restrictions(CC&R's) are for the benefit of the property and its
present and subsequent owners, the intent being to enhance and
protect the value, desirability and attractiveness of the
property. They therefore are transferred with the land, are
legally enforceable, and come with the Deed and Title as
property is purchased, sold and repurchased. They both benefit
and place limitations upon all owners and future owners of said
property or any interest therein.
The CC&R's are to secure for
each site owner the full benefit and enjoyment of his/her home
and property, with no greater restrictions upon the free and
undisturbed use of his/her site than is necessary to ensure the
same advantages to the other site owner.
B. CONDITIONS and COVENANTS
B.1 Subdivision and Easements
B.1.1. No lot shall-be
subdivided into parcels or tracts of less than five (5) acres,
to conform with Benton County Rural Residential 5 acre minimum
zone (RR 5 as defined by Benton County Ordinance 90-0073
[Microfilm124839-90] effective 8/11/1990). "Lot" means one of
the numbered parcels on the recorded maps of the subdivisions.
"Subdivision” means all land, lots or building sites located
within Mary's River Estates and Mary's River Estates First
Addition as recorded in the Plat records of Benton County.
B.1.2. An easement ten (10)
feet in width is hereby reserved along each of the lot lines for
the installation, operation, maintenance and repair of utility
lines (both above and below ground), to serve the lots in this
subdivision, said ten (10) foot easement being five (5) feet on
each side of each lot line.
B.2
Land Use and Building Type
No lot shall be used except
for residential purposes, and no structure shall be erected and
placed thereon other than a single family dwelling unit with
garage, stable or sheds, and other convenient outbuildings.
B.3
Building Construction
Only site built dwellings,
including log/kit homes, shall be placed on each lot as
subdivided so as to conform with and be consistent with the
character of the area, defined as the general characteristics of
the dwellings and habitat of the subdivision as a whole.
B.4
Temporary Residences
No trailer, shack, tent,
partially completed residence, basement of an incomplete house,
outbuilding or any kind of garage shall be used as a residence
temporarily or permanently. No manufactured home, mobile home,
trailer home, vehicle or other home which was constructed and
had plumbing, electrical wiring and sanitation facilities
installed at another location shall be moved onto sites or used
for dwelling purposes except during a twelve (12) month period
during construction of a permanent dwelling.
B.5
Dwelling Size
No dwelling shall be erected
or maintained on said premises having a ground floor square feet
area of less than twelve-hundred (1200) square feet, which area
shall be exclusive of any attached garage, porch or patio.
B.6
Construction Details
No dwelling shall be erected
or maintained on said premises with a roof under the minimum
pitch of 5/12. Roofs shall be constructed of Class A fire
resistant materials.
B.7
Codes
8.7.1. The installation of all
plumbing, electrical wiring and sanitation facilities shall
fully comply with the requirements of the rules and regulations
of the Benton County and Oregon State codes respectively.
Construction materials and techniques shall be consistent with
the Benton County Building Department requirements.
8.7.2. All dwellings,
outbuildings and driveways shall comply with Philomath Rural
Fire District requirements and codes, as well as with County and
State Forestry Department and all other applicable legal
requirements for fire safety.
B.8
Construction Period
The construction of any
buildings upon said premises shall be completed within one (1)
year from date of commencement of such construction.
B.9
Liability and Damage
Each owner shall maintain a
suitable policy of casualty and liability insurance upon his or
her dwelling and Iot. In the event that any house or outbuilding
is damaged through casualty or loss, the owner shall repair,
restore or demolish such property as soon as it is reasonably
practical under the circumstances but not in any event to exceed
one (1) year from the date of loss.
B.10 Setbacks
No structure shall be erected
or maintained on said premises nearer than fifty (50) feet to
any street or road line, nor closer than twenty-five (25) feet
to any other exterior boundary of the property owned by the
person constructing or maintaining said structure.
B.11
Mary's River Estates Road District
The sixty (60) foot road on
which each of the lots affected hereby fronts is in fact a
public road; however, until maintenance is provided by Benton
County, the owners of said lots shall share in the cost of the
maintenance of said road as apportioned by the Benton County Tax
Assessors Office and the Road District.
B.12
Timber and Habitat
B.12.1. No Commercial cutting
of timber shall be conducted or allowed on or from the premises.
B.12.2. Reasonable cutting of
timber is permitted for a building site. A goal, however, is to
maintain the natural habitat and character of the area. Where
necessary, the natural vegetation may be removed for the
construction of specific property improvements such as
outbuildings, driveways, for reasons of safety in the area of
the homesite, and for the planting of gardens and small
orchards. Wherever possible the natural vegetation shall be
preserved to assure privacy for property owners, to serve as a
buffer against noise, and to continue to serve as natural
habitat for wildlife.
B.13
Mining
No oil drilling, oil
development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any lot,
nor shall oil wells, tunnels, mineral excavations or shafts be
permitted upon any lot. No derrick or other structures designed
for use in boring for oil or natural gas shall be erected,
maintained, or permitted upon any lot with the exception of
equipment erected temporarily for creation of wells for drinking
water.
B.
14 Animals
No animals, livestock or
poultry shall be raised, bred or kept on any lot except for 4-H
animals and household pets. No horses or cows shall be kept on a
tract consisting of less than two-and-one-half (2 1/2) acres.
B.15
Rubbish and Nuisances
B. 15. 1 No lot shall be used
or maintained as a dumping grounds for rubbish. Trash, garbage
or animal waste shall be kept only in containers. Burn piles
and/or barrels shall conform to Philomath Rural Fire District
schedules and procedures.
B. 15.2 No noxious or
offensive activity, including but not limited to the
unreasonable discharge of firearms or excessive use of
fireworks, shall be carried on upon any lot nor shall anything
be done thereon which may or may become an annoyance or nuisance
to the neighborhood.
B.
16 Parking
No person shall park overnight
any car, boat, trailer or other moveable vehicle upon any
street, road, shoulder or byway serving the subdivision. Wrecked
or unlicensed automobiles of any kind shall not be permitted on
any lot unless they are out of sight behind a fence in keeping
with the character of the area.
C.
ADMINISTRATIVE PROVISIONS
C.
1 Duration
[NOTE: The current CC&R's
include the following addendum: In 1988, the majority of
property owners voted that the CC&R's will be "automatically
renewed every ten years unless amended by a majority vote of the
property owners at any time.”]
C.1.1 These conditions and
building and use restrictions shall remain in full force and
effect until ten (10) years from date, and will thereafter be
automatically renewed every ten (10) years unless amended by a
majority vote of the property owners voting at any time.
C.2
Severability
In the event that any
provisions hereof shall be, in any court of competent
Jurisdiction, held or decreed to be invalid or unenforceable,
such fact shall not affect the validity or enforceability of any
of the other provisions hereof.
C.3
Nonwaiver
Failure by the declarant or
any property owner or their legal representatives, heirs,
successors or assigns to enforce any condition, restriction, or
covenant herein contained shall in no event be deemed a waiver
of the right to do so thereafter, except as set forth herein.
C.4.
Conflict of Provisions
In the event of a conflict
between the provisions of this declaration and agreement and the
governing zoning and building codes, or those of any other
governmental body, the more restrictive shall govern.
C.
5 Enforcement
In the event the grantees or
their successors in interest in the above described premises or
any part thereof shall fail to keep, perform and maintain any of
the within and above restrictions or conditions, then any
injured property owner or owners are given the right to bring
suit against any violator thereof for damages, and besides
rendering judgment for damages, costs and attorney's fees, the
court shall order for the discontinuance of said breach of the
conditions and restrictions.
C.
6 Exemption
Current uses in conformity
with the previous Conditions, Covenants and Restrictions shall
be exempted from compliance with these newly amended CC&R's
provided they are maintained at the same level and extent of
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