RESERVE IN THE PINES, PHASES R-2 AND R-3
A REPLAT OF A PORTION OF PARCEL 2, PARTITION PLAT NO. 2007-30 LOCATED IN THE SOUTHWEST QUARTER (SW1/4), THE NORTHWEST QUARTER (NW1/4), THE SOUTHEAST QUARTER (SE1/4) NORTHEAST QUARTER (NE1/4) OF SECTION 11, TOWNSHIP 22 SOUTH, RANGE 10 TY OF LA PINE, DESCHUTESCOUNTY, OREGON CITY OF LA PINE LAND USE PLANNING FILE NUMBER 01QP/02SUB-19 JANUARY 2022
SURVEYOR'S CERTIFICATE
I, PATRICK GAGE COLE, REGISTERED PROFESSIONAL LAND SURVEYOR IN THESTATEOF OREGON,BEING FIRST DULY SWORN.
O.R.S. CHAPTER 92 AND THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH LEGAL MONUMENTS THE LAND REPRESENTED ON THIS PLAT, LOCATED IN SECTION 11,TOWNSHIP22 SOUTH, RANGE 10 EAST,WILLAMETTE MERIDIAN DESCHUTES COUNTY, OREGON,AND THAT A 5/8"IRON ROD WITHYELLOW "INITIAL POINT", BEI EAST CORNER OF PARCEL 2,PARTITION PLAT NO. 2007-30, AND THE PROPERTYBEING PLATTED IS MORE PARTICULARLYDESCRIBED AS FOLLOWS
BEGINNING LINEOFUS AYLINE NORTH NORTH4 ISTANCE OF 65.25 FEET- THENCE NORTH 5904
FOLLOW NORTH 1
SURVEYOR'S NARRATIVE
WEWERE RETAINED BY SAGEBRUSH DEVELOPMENT, LLC TO REPLATA DESCHUTES COUNTY SURVEYNO. CS17316. THESUBJECT PROPERTY ISFURTHER DESCRIBED WITHINTHESURVEYOR'S CERTIFICA . THE BOUNDARIES OFTHIS SUR NTOFPARCEL
DECLARATION
SAGEBRUSH DEVELOPMENT, LLC AN OREGON LIMITED LIABILITY COMPANY, OWNER OF THE LANDS SHOWN ON THIS LOCATED IN THE OR DESIRABLE IN SERVING THE LOTS IDEN THIN THE PUE ATTHE LOT OWNER'S EXPENSE. AT N USE OF THE BUE WITH PROVAL OE THE LITLIY COMPANIES IN THE PUE: TAILED PURPOSE OF VISION AREAS SHALL CONTAIN NO PLANTING RMANENT OBSTRUCTION EXO .5FEET IN HEIGHT RE NO CURB EXISTS, FR E GRA ARE
PLAT INDEX
EASEMENT NOTES:
DECLARATIONSIGNATURES
RESERVE IN THE PINES, PHASES R-2 AND R-3
A REPLAT OF A PORTION OF PARCEL 2, PARTITION PLAT NO. 2007-30 LOCATED IN THE SOUTHWEST QUARTER (SW1/4),THE NORTHWEST QUARTER (NW1/4), THE SOUTHEAST QUARTER (SE1/4) AND THE THE NORTHEAST NORTHEAST QUARTER (NE1/4) OF SECTION 11, TOWNSHIP 22 SOUTH, RANGE 10 EAST, W.M., CITY OF LA PINE, DESCHUTES COUNTY, OREGON CITY OF LA PINE LAND USE PLANNING FILE NUMBER 01QP/02SUB-19 JANUARY 2022
RESERVE IN THE PINES, PHASES R-2 AND R-3
A REPLAT OF A PORTION OF PARCEL 2, PARTITION PLAT NO. 2007-30 LOCATED IN THE SOUTHWEST QUARTER (SW1/4),THE NORTHWEST QUARTER (NW1/4) THE SOUTHEAST QUARTER (SE1/4) AND THE NORTHEAST QUARTER (NE1/4) OF SECTION 11, TOWNSHIP 22 SOUTH, RANGE 10 EAST, W.M., CITY OF LA PINE, DESCHUTES COUNTY, OREGON
After recording, return to:
Sagebrush Development, LLC
PO Box 2520
La Pine, Oregon 97739
Attn: Vicki Russell
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE
RESERVE IN THE PINES
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FORTHE RESERVE IN THE PINES ("Declaration") is made and executed on this 13th day of August 2020 by Sagebrush Development, LLC, an Oregon limited liability company ("Declarant").
RECITALS
A. Declarant is the owner of the real property located in City of La Pine, Deschutes County, Oregon and legally described on the attached Exhibit A (the "Property"). Declarant desires to establish a planned community on the property known as "The Reserve in The Pines". The Property consists of Lots 1-51 (each, a "Lot,"collectively, the "Lots") and Tracts A, B, C, D, E and F, all as shown on the Plat (as defined herein).
B. NOW THEREFORE, Declarant hereby declares that the real property described on the attached Exhibit A, and any property subsequently annexed into this Declaration (collectively, the "Property") shall be held, sold and conveyed subject to the covenants, conditions and restrictions declared below, which shall run with the real property and shall benefit and be binding upon all parties having or acquiring any right, title or interest in the real property or any part thereof.
ARTICLE 1 DEFINITIONS
1.1 "ARC" or "Architectural Review Committee" shall mean the Architectural Review Committee set up pursuant to Article 11.
1.2 "Articles" shal! mean the Articles of Incorporation for the non-profit corporation, The Reserve in The Pines Homeowners Association, or such similar name approved by and filed with the Oregon Secretary of State, corporations division.
1.3 "Assessments" means any assessment levied against one or more Owners by the Association for the purposes permitted herein, in the Bylaws or pursuant to the Oregon Planned Community Act or the Oregon Nonprofit Corporation Act, and shall include Regular Assessments, Special Assessments, Reserve Fund Assessments and Working Fund Assessments as those terms are defined herein.
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1.4 "Association" shall mean and refer to The Reserve in The Pines Homeowners Association, its successors and assigns.
1.5 "Association's Insurance" shall mean only that insurance that the Homeowners Association is obligated to obtain and maintain pursuant to Section 8.1 and/or the Bylaws.
1.6 "Board" or "Board of Directors" shall mean the Board of Directors of The Reserve in The Pines Homeowners Association.
1.7 "Builder" means one or more licensed builders designated in writing by Declarant as a "Builder" under this Declaration with special rights. Declarant may name additional Builders or revoke Builder status from time to time at Declarant's sole discretion.
1.8 "Bylaws" shall mean and refer to the duly adopted bylaws of The Reserve in The Pines Homeowners Association as the same may hereafter be amended or replaced. The Bylaws are attached hereto as Exhibit B, and shall be recorded with this Declaration pursuant to ORS 94.580.
1.9 "Common Areas" mean the real property owned by the Association for the common benefit of the Owners, which shall mean Tracts A, B, C, D, E, and F, as shown on the Plat, and any other land designated in a Declaration of Annexation as "Common Areas", including all improvements located thereon, except as otherwise provided herein. The Declarant shall deed the Common Areas to the Association not later than the date of the Turnover Meeting.
1.10 "Common Maintenance Areas"shall mean any property that the Association is required to maintain pursuant to this Declaration or a Declaration of Annexation or that the Board deems necessary or appropriate for the Association to maintain for the common benefit of the Owners, including those areas described in Section 5.1. Common Maintenance Areas specifically include all Common Areas.
1.11 "Common Expenses" shall mean those expenses incurred by the Association for the benefit of all of the Owners of the Lots within the Property, including reserves.
1.12 "Conversion Date" shall be the date that is the earlier to occur of: (i) the date on which one hundred percent (100%) of the total Lots in all phases, including any property annexed or to be annexed into The Reserve in the Pines by Declarant from time to time have been conveyed to Owners other than Class B Members; or (ii) upon election in writing by Declarant.
1.13 "Declarant"shall mean and refer to Sagebrush Development, LLC, an Oregon limited liability company, its successors or assigns, or any successor
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8.9 Defaults; Enforcement of Liens; Remedies.
(a) Personal Obligation for Assessments. All Assessments properly imposed under this Declaration or the Bylaws shall be thejoint and several personal obligations of all Owners of the Lot to which such Assessment pertains. In a voluntary conveyance (that is, one other than through foreclosure or a deed in lieu of foreclosure) the grantees shall bejointly and severally liable with the grantor(s) for all Association Assessments imposed through the recording date of the instrument affecting the conveyance. Said provisions shall be in accordance with the provisions of the Oregon Planned Community Act. A suit for a money judgment may be initiated by the Association to recover such Assessments without either waiving or foreclosing the Association's lien.
(b) Association Lien. Any Assessment which is not paid within thirty (30) days ofthe due date shall be delinquent. At any time any Assessment (of any type provided for by this Declaration or the Bylaws) or installment thereof is delinquent for a period of more than sixty (60) days following the due date, the Association, by and through its Board or any management agent, may file a notice of lien in the deed records of Deschutes County, Oregon against the Lot in respect to which the delinquency pertains. Once filed, such lien shall accumulate allfuture Assessments or installments, interest, late fees, penalties, fines, attorneys' fees (whether or not suitor action is instituted) and other appropriate costs properly chargeable to an Owner by the Association, until such amounts are fully paid. The provisions regarding the attachment, notice, recordation and duration of liens established on real property under ORS 94.704 to 94.716, as the same may be amended, shall apply to the Association's lien. The lien shall be foreclosed in accordance with the provisions regarding the foreclosure of liens under ORS Chapter 88. The lien of the Association shall be superior to all other liens and encumbrances except property taxes and Assessments, any first mortgage, deed of trust or land sale contract recorded previously to the Association's notice of lien and any mortgage or deed of trust granted to an institutional lender which is recorded previously to the Association's notice of lien.
(c) Interest; Fines; Late Fees; Penalties. The Board in its reasonable discretion may from time to time adopt resolutions to set the rate of interest, and to impose late fees, fines and penalties on delinquent Assessments or for violations of the provisions of this Declaration, the Bylaws, and any Rules and Regulations. The adoption of such impositions shall be communicated to all Owners in writing not less than thirty (30) days before the effective date by a notice mailed to the Assessment billing addresses of such Owners. Such impositions shall be considered Assessments which are lienable and collectible in the sarne manner as any other Assessments. Provided, however, no fine or penalty for violation ofthis Declaration, the Bylaws or any Rules and Regulations (other than late fees, fines or interest arising from an Owner's failure to pay regular or Special Assessments) may {00117552;9}
be imposed against an Owner or his/her Lot until such Owner is given an opportunity for a hearing as provided in Section 4.23.
(d) Acceleration of Assessments. In the event an Owner is delinquent in payment of any Assessment or installment on any Assessment, the Association, upon not less than ten (10) days written notice to the Owner, may accelerate the due date of the full annual Assessment for that calendar year and all future installments of any Special Assessments.
(e) Association's Right to Rents/Receiver. In any foreclosure suit by the Association with respect to such lien, the Association shall be entitled to collect reasonable rent from the defaulting Owner for the use of his/her Lot or shall be entitled to the appointment of a Receiver. Any default by the Owner inany provisions of the Declaration or Bylaws shall be deemed to be a default by the Owner of any mortgage to which the Owner is party or towhich the Lot is subject.
(f) In the event of a default by an Owner hereunder (including, without limitation, a condition on a Lot that violates the terms of this Declaration), the Association shall have all remedies available to it at law or in equity, including, without limitation, the issuance of fines pursuant to a dulyadopted fine schedule.
8.10 Reallocation upon Annexation of Additional Property.When (and if) additional property is annexed to the Property, the Association shall, as the Board deems advisable, recompute the budget based upon the additional Lots, and Common Maintenance Areas, if any, and re-compute all applicable Assessments for each Lot. Each newly annexed Lot shall be subject to assessment (including, without limitation, Reserve Fund Assessments) upon the sale of the Lot to an Owner other than Declarant. The Association shall send notice of any applicable Assessment to the Owners of newly annexed Lots not later than sixty (60) days after the Lot(s) becomes subject to assessment or with the next occurring Regular Assessment, whichever is sooner. Assessments shall be due and payable on or before a date set forth in the notice which shall be not less than thirty (30) days after the date the notice is mailed or at such other time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. If the Association elects to adjust Assessments pursuant to this Section 8.10 during the Association's fiscal year, the Association shall send notice of and shall collect adjustments to Assessments for Lots which were assessed pursuant to the previous budget. Notice of the adjustment in the Assessments shall be sent to such Owners not later than sixty (60) days after calculation or with the next occurring Regular Assessment, whichever is sooner. To the extent that any adjustment results in a credit with respect to Assessments payable by an Owner, such credit shall be applied toward the next occurring payment or payments of the applicable Assessment.
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8.11 Working Fund Assessments. Except for a sale or transfer to a Declarant, a Declarant Party or to a Builder, each sale or transfer of a Lot will subject the Lot to a Working Fund Assessment in the amount of Two Hundred Dollars ($200). The purchaser (party acquiring title) of the Lot shall pay the Working Fund Assessment to the Association. The Board may deposit the Working Fund Assessments either in the Current Operating Account or Reserve Account of the Association, at the discretion of the Board. The Working Fund Assessments shall be used by the Association for any purpose for which Assessments may be used, including, without limitation, capitalimprovements or upgrades to the Common Maintenance Areas.
ARTICLE 9 SPECIAL DECLARANT RIGHTS
9.1
Declarant shall have the following Special Declarant Rights:
(a) Responsibility and control of the Association until the Turnover Meeting, including the right to appoint, remove and replace members of the Board.
(b) The right to reserve easement and access rights across the Common Areas for use in connection with future development until the Turnover Meeting.
(c) Until the Turnover Meeting, the right to construct Improvements in the Common Areas and other portion of the Property, whether or not such Improvements are described in this Declaration, provided that Declarant has no obligation to construct any such Improvements.
(d) The right to approve amendments to this Declaration and the Bylaws prior to the Turnover Meeting and for a period of ten (10) years thereafter regardless of whether Declarant still owns a Lot. No such amendment shall be effective unless so approved in writing by Declarant.
(e) Until the Turnover Meeting, the right to approve Special Assessments for capital improvements or additions for so long as Declarant owns a Lot. No Special Assessment shall be levied against Declarant unless so approved in writing by Declarant.
(f) The right to receive notice of and to attend all Owner meetings and Board meetings for a period of ten (10) years following the Turnover Meeting regardless of whether Declarant still owns a Lot. Meeting notices to Declarant shall be given in the same manner as notices to the Owners; provided, however, that any notice of a Board meeting that is posted at the Property pursuant to the Bylaws must also be given to Declarant by {00117552;9}
mail or any other delivery method described in the Bylaws within the time period prescribed in the Bylaws.
(g) The right to inspect the Common Maintenance Areas for a period of ten (10) years following the Turnover Meeting regardless of whether Declaration still owns a Lot, for purposes of determining whether the Association is performing appropriate and sufficient maintenance and repairs.
(h) The right to review and make copies of all inspection, maintenance and other records ofthe Association regardless of whether the Turnover Meeting has occurred or Declarant still owns a Lot.
(i) The rights of Declarant under the Planned Community Act, including but not limited to those under ORS 94.550(24), and all other rights reserved for Declarant elsewhere in this Declaration or in the Bylaws.
ARTICLE 10 CASUALTY OR CONDEMNATION
10.1 Casualty. The Owner of each Home shall repair, reconstruct, and rebuild the damaged or destroyed portions of his or her Home to substantially the same condition that existed prior to the damage or destruction. In the event of damage to or destruction of the Common Areas, the Association shall repair and restore the damaged portion of the Common Areas, unless the holders of at least 75% of the voting power of the Class A Members, together with the Class B Member, if any, agree that the damaged or destroyed portions shall not be repaired or restored. All repair, reconstruction, rebuilding, or restoration shall begin within six (6) months following the damage or destruction and shall be diligently pursued to completion within twelve (12) months following the damage or destruction, unless work is delayed by causes beyond the reasonable control of the Owner or the Association, as the case may be. If the proceeds of the insurance policies held by the Association are insufficient to fund the full cost of repair and/or restoration of the Common Areas, the difference between the amount of such proceeds and such cost may, at the Board's discretion, be charged to the Owners by means of a Special Assessment.
10.2 Condemnation. If any part of the Common Areas are taken by any authority having the power of condemnation or eminent domain (or shall be sold under threat of condemnation), each Owner shall be entitled to notice of such event. The Association shall represent the Owners in negotiations with the condemning authority.The condemnation award shall be applied first to restoration of the Common Areas not taken (unless holders of at least 75% of voting power of the Class A Members, together with the Class B Member, if any, agree that the remaining Common Areas shall not be restored) and then to such other purposes as the Board may determine in its discretion (including payment to the Owners).
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ARTICLE 11 ARCHITECTURAL REVIEW
11.1 Design Review. Except as specifically provided in this Article 11, no Improvement or portion thereof including fencing, patios, patio trellises, play structures, court yards, walkways and driveways shall be commenced, erected, placed, altered, repaired or replaced on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the improvement have been submitted to and approved in writing by the ARC. It is the intent and purpose of this Declaration to assure quality of workmanship and materials. Notwithstanding the foregoing, to the extent that an Owner replaces an exterior feature of a home, such as a door, shutter, fence or trellis, with a replacement that is newer, but substantially identical, such replacement shall not require ARC approval. The ARC is not responsible for determining compliance with structural and building codes, solar ordinances, zoning codes or other governmental regulations. The procedure and specific requirements for review and approval of construction may be set forth in Design Guidelines adopted from time to time by the ARC. Construction by the Declarant is presumed to have been approved and is thereby exempt from this review. In all cases for which the ARC consent is required by this Declaration, the provision of this Section shall apply. The ARC and the Board of Directors are hereby granted an easement over the Lots to enable the ARC to carry out its designated functions.
(a) Architectural Review Committee - Appointment and Removal. The ARC shallconsist of no fewer than three (3) members and no more than five (5) members, as the Board may appoint from time to time. The Declarant reserves the right to appoint and remove all members of the ARC until the Turnover Meeting. After the Turnover Meeting, the following shall apply: (a) the Board of Directors shall assume the right to appoint and remove members of the ARC; (b) the terms of office for each member of the ARC shall be for one (1) year unless lengthened by the Board at the time of appointment or unless the Board serves as the ARC in which event the terms of the ARC members shall be the same as their terms as Board members; (c) the Board may appoint any or all of its members for the ARC and there should be no requirement for non-Board members on the ARC; (d) the Board may appoint one or more members to the ARC who are not Owners, but who have special expertise regarding the matters, which come before the ARC; and (e) in the sole discretion of the Board, such non-Owner members of the ARC may be paid and that cost paid by applicants or the Association. Notwithstanding the foregoing terms of this Section 16.2, the Declarant (before the Turnover Meeting) or the Board (after the Turnover Meeting) may elect to make one of the ARC member positions a rotating three (3) month term.
(b) Majority Action. Except as otherwise provided in this Declaration, a majority of the members of the ARC shall have the power to act on behalf of the ARC, without the necessity of a meeting and without the
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Bylaws relating tothe election, qualifications, powers, duties, compensation or terms of Directors without the approval of the Owners given ata special meeting called for such purpose; and provided, further, that all suchamendments shall beconsistentwiththe provisions of the Declaration. An amendment is not effective unless it is certified by the President and Secretary of the Association as having been adopted in accordance with these Bylaws and ORS 94.625, acknowledged in the manner provided for acknowledgment ofdeeds and recorded inthe official records of Deschutes County, Oregon.
20. CONFLICTS
These Bylaws are intended to comply with applicable law and the Declaration. In case of any irreconcilable conflict, applicable law and the Declaration shall control over these Bylaws, any amendments hereto and any rules or regulations adopted hereunder.
Steve Dennison, County Clerk
AFTER RECORDING RETURN TO:
Sagebrush Development, LLC
PO Box 2520
La Pine, Oregon 97739
Attn: Vicki Russell
DECLARATION OF ANNEXATION OF REAL PROPERTY TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE RESERVE IN THE PINES (Phases R-2 and R-3)
This DECLARATION OF ANNEXATION OF REAL PROPERTY TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FORTHERESERVEIN THE PINES (Phases R-2 and R-3) (this "Declaration") is made this 21st day of March 2022, by Sagebrush Development, LLC, an Oregon limited liability company ("Declarant").
RECITALS
A. Declarant owns the real property located in the City of La Pine, Deschutes County, Oregon, legally described as Lots 52 through 91, inclusive, Lots 127 through 171, inclusive, and Tracts G, H, I, J, K, L and M (the "Annexed Property"), as shown on that certain plat of Reserve in the Pines, Phases R-2 and R-3, as recorded February 14, 2022, as Instrument No. 2022-06336 (the "Plat"). Each of Lots 52 through 165, inclusive, is sometimes hereinafter referred to individually as an "Annexed Lot" and collectively as the "Annexed Lots".
B. Declarant recorded the Declarationof Covenants, Conditions, Easements and Restrictions for The Reserve in the Pines in the official records of Deschutes County, Oregon on August 18, 2020, as Document No. 2020-41326 (as amended and supplemented from time to time, the "CC&Rs"). The Bylaws of The Reserve in the Pines Homeowners Association are attached as an exhibit totheCC&Rs.
C. Pursuant to Section 12.1 of the CC&Rs, Declarant desires to annex the Annexed Property to the real property that is subject to the CC&Rs upon the terms and conditions contained in this Declaration.
DECLARATIONS
NOW, THEREFORE, Declarant hereby declares that the Annexed Property shali be held, sold and conveyed subject to the CC&Rs, the Bylaws and the terms of this Declaration and that the easements, covenants, conditions, restrictions and charges contained in the CC&RS, the Bylaws, the Plat and herein shall run with the land and shall be binding upon all parties having or acquiring any right, title or interestin the Annexed Property, or any part thereof, and shall inure to the benefit of each owner thereof.
ARTICLE 1 DEFINITIONS
Except to the extent otherwise defined herein, capitalized terms used in this Declaration shall have the meanings ascribed to such terms in the CC&Rs.
ARTICLE 2 ANNEXATION OF PROPERTY
The Annexed Property is hereby annexed to and made a part of the Property, and is owned and shall be owned, held, conveyed, hypothecated, encumbered, used, occupied and improved in perpetuity, subject tothe easements, covenants, restrictions and (00170155,8}
charges contained in the CC&Rs, as modified or supplemented by the terms of this Declaration. Commencing as of the date hereof, allof the covenants, conditions and restrictions of the CC&Rs shall apply to the Annexed Property in the same manner as if it were originally covered by the CC&Rs. Each of the Annexed Lots shall constitute a "Lot" under the CC&Rs.
ARTICLE 3 MEMBERSHIP IN ASSOCIATION
The Owner of each Annexed Lot shall become a member of the Association and shall be entitled to voting rights as set forth in the CC&Rs and the Bylaws. Ownership of each Annexed Lot shall be subject to the terms of the Bylaws.
ARTICLE 4 ASSESSMENTS
The Annexed Lots shall be subject to assessment in the manner and on the terms set forth in the CC&Rs.
ARTICLE 5 COMMON AREAS AND EASEMENTS
The Common Area included in the Annexed Property, and which shall be conveyed to the Association not later than the Turnover Meeting, is identified on the Plat as Tracts G, H, I, J, K, L and M, including all Improvements located thereon now or in the future.
Until the Turnover Meeting, Declarant shall have the right, inits sole discretion, to (i) install, construct, repair, replace and/or maintain on any of the Common Areas included in the Annexed Property such Improvements (which may include, without limitation, landscaping and trails) and utilities as it shall deem advisable in its sole discretion; and (ii) Declarant shall have the right to grant such easements and/or impose such use restrictions, in the name of the Association, relatedtosuch Improvements and/or utilities, as it shall deem advisable in its sole discretion. Accordingly, an easement is hereby reserved for the Declarant to enter upon the Common Areas included in the Annexed Property for purposes of installing, constructing, repairing, replacing and/or maintaining Improvements and/or utilities on any of the CommonAreas included in the Annexed Property. Upon construction, any such trails, other Improvements and, subject to the terms of applicable easements, such utilities, shallbe Common Areas of the Association. The use of such trails, other Improvements and utilities shall be subject to any applicable recorded easementsand use restrictions, any applicable governmental permits and laws and to such rules and regulations as may be established by the Declarant or Association from time to time. The maintenance, repair and replacement ofsuch trails and other Improvements shall be the responsibility of the Association.
ARTICLE6 ARCHITECTURAL REVIEW; OWNER OBLIGATIONS
Each Annexed Lot shall be subject to all of the terms of the CC&Rs except as modified or supplemented by this Declaration.
Without limiting the generality of the foregoing, all Improvements in the Annexed Property shall be constructed, installed, and maintained in a clean and attractive condition. AllImprovements shall be constructed generally compatible with then-existing development in Phase R-1 and shall be of a nature that is typical of, or otherwise commonly found, in the Pacific Northwest. This Article 6 is provided as a reminder of and supplement to, and is not intended to limit, each Owner's obligations under Article 11.
ARTICLE 7 TERM AND AMENDMENTS
7.1 Term and Amendments. The covenants and restrictions of this Declaration shall run withandbind the Annexed Property for so long as the CC&Rs are valid. This Declaration may be amended in the same manner as the CC&Rs may be amended, pursuant to Section 13.6 of the CC&Rs.
7.2 RegulatoryAmendments. Notwithstanding the provisions of Section 7.1 of this Declaration, until the Turnover Meeting described in the Bylaws and CC&RS, Declarant shall have the right to amend this Declaration, the CC&Rs or the Bylaws in order to comply with the requirements of any applicable statute, ordinance, regulation or guideline of any department, bureau, board, commission or agency of the United States or the State of Oregon, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a planned community or lots in a planned community or to comply with the Oregon Planned Community Act.
ARTICLE 8 OWNER ACKNOWLEDGMENT
Without limiting the generality of the terms of Article 2 above, by acceptance of a deed to an Annexed Lot, each Owner is deemed to have acknowledged, and agreed to be bound by, the CC&Rs except as modified or supplemented by this Declaration.
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 Non-Waiver. Failure by the Association or by any Owner of an Annexed Lot to enforce a covenant or restriction herein contained shall in no eventbe deemed a waiver of the right to do so thereafter.
9.2 Construction; Severability. This Declaration and the CC&Rs shall be liberally construed as one document to effect the annexation of the Annexed Property to the Property. Nevertheless, each provision of this Declaration and the CC&Rs shall be deemed independent and severable, and the invalidity or partial invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provision.
9.3 Run with Land. Subject toSection9.4, this Declaration and the easements, covenants, conditions, restrictions and charges described herein shall run with the land and shall be binding on the parties and any person acquiring any right, title, or interest in the Annexed Property.
9.4 Termination. This Declaration shall terminate upon the termination of the CC&Rs in accordance with the terms thereof.
[Signature and notary blocks on next page]
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first set forth above.
DECLARANT:
STATE OF OREGON SS.
COUNTY OF DESCHUTES
SAGEBRUSH DEVELOPMENT, LLC, an Oregon limited liability company
BV: VuriL Russal
Name:
VICKI
L RUSSELL
Title: PREsident
th April
The foregoing instrument was ackpowledged befpre me the day of March 2022, by vicki Russell,the President of Sagebrush Development, LLC, an Oregon limited liability company, on behalf of the company.
OFFICIAL STAMP TIFFANY M ZEILER NOTARYPUBLIC-OREGON COMMISSION NO. 987228 MYCOMMISSIONEXPIRES MAY12, 2023
Notary Public for the State of Oregon My Commission Expires: 5.1223