NOTICE
REGARDING CERTAIN DISCRIMINATORY RESTRICTIONS, IF APPLICABLE
Omitted from the attached document is any covenant or restriction that is based upon, but not necessarily limited to, race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal law, except to the extent that such covenant or restriction is permitted by applicable law.
Oregon Version 20150707
AFTER RECORDING RETURN TO:
C.O. DeverorMENT,INc.
232 SW 5rs Sr. REDMoND, OR 97756
SECOND AMEI\DMENT TO DECLARATION OF COVENAIYTS, CONDITIONS, RE STRICTIONS AI\D EASEMENTS FOR PRAIRIE CROSSING SUBDIVISION
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR PRAIRIE CROSSING SUBDMSION (the "Second Amen@@") is made and entered into effective this 266day of Jannary, 2021 by the Declarant, C.O. DEVELOPMENT, INC., an Oregon corporation ( Dectaranf').
RECITALS
WIIEREAS, Declarant recorded the Declaration of Covenants, Conditions, Restrictions and Easeme,nts for Prairie Crossing SuMivision on July 27,2018,as Auditor's file number 2018-30703, in Deschutes County, Oregon (the "Declaration");
WIIEREAS, Declarant recorded the conesponding Plat on May 23,2018,at Volume I of Plats, page 551, under Auditot's file number 2018-20599, in the records of Deschutes County, Oregon;
WIIERBAS, The Declarant has the authority under Article L5.2.6 of the Declaration to amend Article I I of the Declaration by granting additional easements; and,
WIIEREAS, The Declarant desires, pursuant to Article 15.2.6, to amend Article I I of the Declaration by granting the additional easement set for the below.
NOW, THEREFORE, the Declarant herby amends the Declaration as follows
Article I I of the Declaration is amended by addition of the following provision as Section I l.14:
"Section 11.14. Easement Benelittins [,ots 162-165. As shown on Exhibit A-.[_attached hereto, a rock retaining wall ("Rock Wall") lies norttr of the property
SECOND AMEI.IDMENT TO DECLAR^TION - PRAN,E CROSSD.IG SUBDryISION Peoe -1-
AFTER RECORDING RETURN TO:
C.O. Dnvrr-oPMENT, INc. 232 SW 5ru Sr. REDMoND, OR 97756
SECOND AMEI\DMENT TO DECLARATION OF COVENAIITS, CONDITIONS, RESTRTCTIONS AND EASEMENTS FOR PRAIRIE CROSSING SUBDIVISION
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTzuCTIONS AND EASEMENTS FOR PRAIRIE CROSSING SUBDIVISION (the "second AmendmelS") is made and entered into effective this 266day of January, 2021 by the Declarant, C.O. DEVELOPMENT, INC., an Oregon corporation ("Declarant").
RECITALS
WHEREAS, Declarant recorded the Declaration of Covenants, Conditions, Restrictions and Easements for Prairie Crossing Subdivision onJtrJy 27,2018, as Auditor's file number 2018-30703, in Deschutes County, Oregon (the "Declaration");
WIIEREAS, Declarant recorded the corresponding Plat on May 23,2018, at Volume I of Plats, page 551, under Auditor's file number 2018-20599, in the records of Deschutes County, Oregon;
WHEREAS, The Declarant has the authority under Article 15.2.6 of the Declaration to amend Article 1l of the Declaration by granting additional easements; and,
WIIEREAS, The Declarant desires, pursuant to Article 15.2.6, to amend Article 11 of the Declaration by granting the additional easement set for the below.
NOW, THEREFORE, the Declarant herby amends the Declaration as follows:
Article l1 of the Declaration is amended by addition of the following provision as Section ll.l4:
"Section ll.l4. Easement Benefittins Lots 162-165. As shown on Exhibit A-l afiached hereto, a rock retaining wall ("Rock Wall") lies north of the property
SrcoNp ArvrrNouENT To DECLARATToN - PRARIE CRoSSING SusoNIsIoN PAGE -1-
boundary between Lots 158-161 to the north, and Lots 162-165 to the south. The Rock Wall is located on the southerrmost portions of Lots 158-161, and a fence as shown on Exhibit A-1 hereto is located on the north side of the Rock Wall (the "Fence").
Declarant hereby grants to the Owners of Lots 162, 163, 164, and 165 ("Benefited Lots") a perpetual easement appurtenant to the Benefited Lots, on over and across the portions of lots 158-161, respectively, that lie between the Benefited Lots' northern property boundary and the Fence, as described on Exhibit A-2 attached hereto (the "Easement Area"), for access to the Rock Wall and Fence to perform up-keep, minor maintenance, and weeding on and around said Rock Wall and Fence abuffing their respective lots. Owners of the Benefited Lots shall not construct or place improvements upon the Easement Area, and the easement granted hereby is nonexclusive.
Owners of the Benefited Lots, their respective family members, agents, and invitees, use the Easement Area at their own risk, and shall hold harmless the Owners of Lots 158161 for any injury resulting from use of the Easement Area.
Owners of Lots 158-161 shall bear responsibility for structural maintenance and repair to the portion of the Rock Wall and Fence located on their respective lots. The Owners of Lots 162-165 shall bear responsibility for weeding and minor maintenance and repair of the Rock Wall and south side of the Fence abutting their respective lots."
1. Except as expressly set forth in this Second Amendment, all terms and conditions of the Declaration, as previously amended, remain unchanged and in full force and effect. All capitalized terms in this Second Amendment not expressly defined herein, are defined in accordance with the terms of the Declaration.
[srcNarunn PAGE FoLLows]
SIGNATURE PAGE
IN WITNESS WHEREOF, Declarant executes this Second Amendment as ofthe day first written above.
DECLARANT:
C.O. D nvrr,opMrNT,INC.,
By: %;- Patrick6-",Pr*'td*rt AN OnscoN ConpoRerror.rSTATE OF NI ) couNrY oF | )rl rL I "'
I certiff that I know or have satisfactory evidence that Patrick Ginn is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of C.O. Development, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: 2l
Exhibit A-1 to Second Amendment to Declaration - Prairie Crossing Subdivision
LOCATED INTHENORTHEAST ONE-QUARTER THESOUTHWEST ONE-QUARTER OF SECTION 30, TOWNSHIP 15 SOUTH, RANGE 15 EAST, WILI-AMETTE MERIDIAN, CITY OF REDMONO. DESCHUTES COUNTY, OREGON CITY OF REDMOND LAND USE FILE: 711-17-000220-SUB, 71 1-1S-000054-MA, 71 1-t9-000t20-MA, DATE: MARCH, 2020
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Legal Description
The southern 10.31 feet of Lot 158, the southern 9.36 feet of Lot 159, the southern 11.02 feet of Lot 150, and the southern 1L.05 feet of Lot L61 of the Prairie Crossing Subdivision as shown on the Prairie Crossing Phases 4 & 5 plat, recorded June 2, 2020 as Deschutes County file number 2020-25312. in Cabinet l, Page 931, Deschutes County, Oregon.
Exhibit A-2 - Second Amendment to Declaration - Prairie Crossing Subdivision
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