CC&Rs

These Covenants, Conditions and Restrictions constitute a single, fully self-contained document,  restating  and  replacing  the  original  Edgewood  West  III, phase 1 Declaration of Covenants,  Conditions and Restrictions, recorded August 14, 1974, Reception No. 7535132, Lane County,  Oregon Plat Records, as amended by document entitled Edgewood Mountain Declaration of  Covenants, Conditions and Restrictions, recorded November 25, 1974, Reception No. 7450031,  Lane  County,  Oregon  Plat  Records,  as  further  amended  by  document  entitled  Edgewood  Mountain Declaration of Covenants, Conditions and Restrictions, recorded January 30, 1975,  Reception No. 7503637, as further amended by document entitled Amendment of Declaration of  Covenants,  Conditions  and  Restrictions  for  Edgewood  Mountain,  recorded  April  25,  1974,  Reception No. 7515598.  

THIS  DECLARATION,  made  on  the  date  hereinafter  set  forth  by  the  undersigned  owners of lots in EDGEWOOD MOUNTAIN I, hereinafter designated “Declarants”.  

WITNESSETH:  

WHEREAS, Declarants are the owners of certain property in the City of Eugene, County of  Lane, State of Oregon, which is more particularly described as:  

Lots  1  through  60  of  EDGEWOOD  MOUNTAIN  I,  platted  and  recorded as  EDGEWOOD WEST THREE, PHASE I, in Book 66, Page 18, Lane County Oregon Plat  Records, in Lane County, Oregon.  

NOW,  THEREFORE,  Declarants  hereby  declare  that  all  of  the  properties  described  above  shall  be  held,  sold  and  conveyed  subject  to  the  following  easements,  restrictions,  covenants, and conditions, which are for the purpose of protecting the value and desirability of,  and which shall run with, the real property and be binding on all parties having any right title or  interest in the described properties or any part thereof, their heirs, successors and assigns, and  shall inure to the benefit of each owner thereof.  

Section 1. “Association”  shall  mean  and  refer  to  EDGEWOOD  MOUNTAIN  I  HOMEOWNER’S ASSOCIATION, its successors and assigns.  

Section 2. “Owner” shall mean and refer to the record owner, whether one or more  persons or entities, of fee simple title to any Lot which is a part of the Properties, but excluding  those having such interest merely as security for the performance of an obligation.  

Section 3. “Properties” shall mean and refer to that certain real property described  hereinbefore  described,  and  such  additions  thereto  as  may  hereafter  be  brought  within  the  jurisdiction of the Association.    

Section 4. “Common Area” shall mean all real property owned by the Association  for the common use and enjoyment of the Owners. The Common Area to be owned by the  Association is described as follows: 

Tract “A” of Edgewood West Three, Phase I, as platted and recorded in Book 66, Page  18, Lane County Oregon Plat Records, in Lane County, Oregon  

Section 5. “Lot” shall mean and refer to any plot of land so designated on the plat of  EDGEWOOD WEST III, PHASE 1, as recorded in Book 66, Page 18, Lane County Oregon Plat  Records, Lane County, Oregon.  

Section 6. “Improved Lot” shall mean with completed dwelling thereon.  

Section 7. “Living  Unit”  shall  mean  any  portion  of  structure  intended  for  use, occupancy, or ownership as a residence by a single family. 

Section 1. Owner’s Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 

(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; 

(b) the right of the Association to suspend voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60  days  for  any infraction of its published rules and regulations; 

(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. 

No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members agreeing to such dedication or transfer has been recorded. 

Section 2.    Delegation of Use.   Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. 

Section 1.        Every owner of a lot which is subject to assessment shall be a member of  the Association. Membership shall be appurtenant to and may not be separated from ownership  of any Lot which is subject to assessment.    

Section 2.        The  Association  shall  have  one class of voting membership. Members  shall be all Owners and shall be entitled to one vote for each Lot owned. When more than one  person holds an interest in any Lot, all such persons shall be members. The vote for such Lot  shall be exercised as they among themselves determine, but in no event shall more than one vote  be cast with respect to any Lot. 

Section 1. Purpose of Assessments. The assessments levied by the Association  shall be used exclusively to promote the recreation, health and welfare of the residents in the  Properties and for the improvement and maintenance of the Common Area.  

Section 2. Personal Obligation for Assessments. Each  owner  of  any  Lot  by  acceptance of a deed therefore, whether or not it shall be so expressed in such a deed, is deemed  to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2)  special assessments for capital improvements, such assessments to be established and collected  as hereinafter provided.  

Section 3.        Annual Assessment.   The  annual  assessments  are  determined  for  each  calendar  year,  and  will  be  established  by  the  Board  of  Directors,  or  by  the  members  in  accordance with the following:  

(a) Assessments must be fixed upon a rate indexed to the 1991 assessment rate of $40.00, which rate shall be referred to as the “Basic Rate”.  

(b) The Annual Assessment in effect for each successive year may be increased by a majority vote of the Board of Directors in an amount up to, but not exceeding, that amount determined by multiplying that year’s assessment by the percentage increase in the Consumer Price Index reported by the Bureau of Labor Statistics for the Portland Region for the twelve months period ending June 30 of that current year.  

(c) In any year the Board believes an increase greater than that determined in accordance with (b) above is required, it may be approved only by a favorable vote of two-thirds (2/3) of the members voting in person or by proxy at a meeting duly called for this purpose.  

Section 4. Specified Dates Relative to Annual Assessments.     Payment of Annual Assessments shall be due on January 1 of each year. Establishment of the amount and notification thereof to the members shall be accomplished as follows:  

(a) The Board shall have established the amount in accordance with Section 3 (b) or (c) by no later than their November meeting date.  

(b) Written notice shall be given to each member by no later than December 1, such notice to include the following information:

(1) the amount of the assessment, and  

(2) notification of the due date, delinquency date and the penalties for delinquent payment as specified in Section 7 of this Article.  

Section 5. Special Assessments for Capital Improvements. In  addition  to annual assessments  authorized  above,  the  Association  may  levy,  in  any  assessment year, a special  assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost  of any construction, reconstruction, repair or replacement of a capital improvement upon the  Common Area, including fixtures and personal property related thereto, provided that any such  assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in  person or by proxy at a meeting duly called for this purpose. The amount and due dates for any  such assessments shall be given to all the members in writing.  

Section 6.        Notice and Quorum for Any Action Authorized Under Sections 2 and 5. 

Written  notice  of  any meeting called for the purpose of taking any action authorized under Section 3 or 5 shall be sent to all members not less than fifteen (15) days nor more than 60 days  in advance of the meeting. At the first such meeting called, the presence of members and/or of  proxies  entitled  to  cast  sixty  per  cent  (60%)  of  all  the  outstanding votes shall constitute a  quorum. If the required quorum is not present, another meeting may be called subject to the same  notice requirement, and the required quorum at the subsequent meeting shall be one-half (½) of  the required quorum at the preceding meeting. No such subsequent meeting shall be held more  than 60 days following the preceding meeting.  

Section 7.        Effect of Nonpayment of Assessments: Remedies of the Association. 

Any assessment not paid within thirty (30) days after the due date shall be deemed delinquent.  

Any member incurring a delinquent assessment will be subject to the following actions: 

(a)  A delinquency charge equal to twenty percent (20%) of the assessment will be added for each year or fraction thereof that said assessment remains unpaid.  

(b) The Association may file a lien against the property on which such assessment is made,  or  take  legal  action  against  the  owners  of  record  as  of  the  date such assessments were due. The    costs   related   to   such   liens   and/or   reasonable attorney’s fees shall be included in the total amount due. (c) Loss  of voting rights and right to use of recreational facilities as specified in  Article II. 

No  owner  may  waive  or  otherwise  escape  liability for the assessments provided for  herein by non-use of the Common Area or abandonment of his Lot. The personal obligation for  delinquent assessments shall not pass to successors in title unless expressly assumed by them.  Any lien associated with the delinquent assessments, however shall continue to exist as a lien  against the property on which such assessment is made. 

Section 8. Subordination of the Lien to Mortgages.       The Lien of the assessments  provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any  Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to  mortgage  foreclosure  or  any  proceeding  in  lieu  thereof,  shall  extinguish  the  lien  of  such  assessments as to payments which become due prior to such sale or transfer. No sale or transfer  shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien  thereof. 

No building, fence, wall or other structure shall be commenced, erected or maintained  upon the Properties, nor shall any exterior addition to or change or alteration therein be made  until the plans and specifications showing the nature, kind, shape, height, materials, color, and  location of the same shall have been submitted to and approved in writing as to harmony of  external design and location in relation to surrounding structures, topography and existing or  planned plantings, by the Board of Directors of the Association or by an architectural committee  composed of three (3) or more representatives appointed by the Board. Any exterior maintenance  of  structures  sharing  a  party  wall  with  another  structure  shall  require  similar  approval.  Additionally, complete re-roofing of any dwellings upon the Properties shall conform to the  standards then in existence as set by the Board or the architectural committee relating to fire  proofing and appearance.  

In the event an owner of any Lot in the Properties shall fail to maintain the premises and  the  improvements  situated  thereon  in  a  manner  satisfactory  to  the  Board  of  Directors,  the  Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the  right, through its agents and employees, to enter upon said parcel and to repair, maintain, and  restore the Lot and buildings and any other improvements erected thereon. The cost of such  exterior maintenance shall be added to and become part of the assessment to which such Lot is  subject.  

In addition to the maintenance upon the Common Area, whenever a tandem Lot is in  separate  ownerships,  and  the  separate  owners  cannot  agree  upon  private  maintenance,  the  Association shall provide exterior maintenance upon each such Lot, as follows: 

Paint, repair, replace and care for roofs, gutters, downspouts, and all other exterior building  surfaces, excluding glass. In the event that the need for maintenance and repairs is caused by  willful or negligent act of one of the owners of a tandem Lot, his family or guests, or invitees, the  cost of such maintenance and repairs shall be added to and become a part of the assessment to  which the Lot is subject. Tandem Lots by way of example are Lots 1/2, 3/4, 5/6, 8/9, 22/23,  28/29, 31/32, 35/36, 39/40, 43/44, and 47/48 of the Plat of Edgewood West Three, Phase I. The  provisions  of  this  paragraph  shall  apply  to  any  structures  having  party  walls  and  separate  ownerships in any subsequent phases of Edgewood Mountain I. 

Where tandem lots have taken on the character of an improved lot, and the improvement  thereon has been constructed as as single dwelling without party walls, those of tandem lots shall  be treated as a single lot for purposes of this document. The foregoing treatment shall extend to,  but not be limited to, voting rights, and assessments.

The following property subject to this Declaration shall be exempt from the assessments  created herein:  (a) all properties expressly dedicated to and accepted by a local public authority;  (b) the Common Areas, and (c) all other properties owned by the Association. 

If any portion of a party wall or other part of a building or structure, including but not  limited  to  roof  overhangs,  porches  and  fireplaces,  now  or  hereafter  constructed  upon  said  property  encroaches  upon  any  part  of  the  Common  Area  or  upon  the Lot or Lots used or  designated  for  use  by  another  lot  owner,  an  easement  for  the  encroachment  and  for  the  maintenance of same is granted and reserved and shall exist, and be binding upon the Declarant  and upon all present and future owners of any part of said property for the benefit of present and  future  owners  of  such  encroaching  building  or  structure  for  the  purpose  of  occupying  and  maintaining same; in the event a structure consisting of more than one dwelling unit becomes  partially  or  totally  destroyed  or  in  need  of  repair  or  replacement,  mutual  and  reciprocal  easements are granted and reserved upon the Common Areas and in and upon each dwelling unit  and  Lot  for  the  benefit  of  the  Association  and  the adjacent owner or owners to the extent  reasonably necessary or advisable to make repairs and replacements; and minor encroachments  resulting from any such repairs and/or replacements and the maintenance thereof are hereby  granted and reserved for the benefit of the present and future owners thereof. The easements for  encroachment herein granted and reserved shall run with the land.  

The cost of reasonable repair and maintenance of a party wall shall be shared by the  owners who make use of the wall in proportion to such use. Notwithstanding any other provision  of this Article, an owner who by his negligent and 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. 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. In the event of any  dispute arising concerning a party wall, or under the provisions of this Article, each party shall  choose an arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision  shall be by a majority of all arbitrators. Where there are common drives and access ways, the cost of reasonable repair and maintenance of the same shall be shared by the owners who make  use thereof. No such common drive or access way shall be obstructed in any manner.  

All conveyances of land situated in the said property, made by the Declarants, and by all  persons  claiming  by,  through,  or  under  the  declarants,  shall  be  subject  to  the  foregoing  restrictions, conditions and covenants, whether or not the same be expressed in the instruments  of conveyance, and each and every such instrument of conveyance shall likewise be deemed to  grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements  over and across all of the Common Areas of said property for the purposes of travelling by foot  or conveyance or resting or otherwise being therein, and over, under across all portions of said  property (except those portions thereof actually intended to be occupied as living space in any  building now or hereafter located upon said property) and specifically including (without being  limited thereto) the interior of party walls, attic crawl spaces and the area below the living space  in any living unit, for the purpose of building, constructing and maintaining underground or  concealed  electric  and  telephone  lines,  gas,  water,  sewer,  storm  drainage  lines,  radio  and  television  antennae  and  cables,  and other utilities and services now or thereafter commonly  supplied  by  public  utilities  or  municipal  corporations  and  upon  all  Common  Areas  for  constructing and maintaining thereon streets, driveways, community and recreational facilities,  ornaments and statues, swimming pools, lawns, landscaping and planted areas present and future  owners of property subjected to the jurisdiction of the Association by recorded covenants and  restrictions, recorded as hereinabove provided, and their tenants, contract purchasers and guests;  said  easements  and  rights  of  use, however, shall not be unrestricted but shall be subject to  reasonable rules and regulations governing said right of use as promulgated from time to time by  the  Directors  of  the  Association  in  the  interest  of  securing  maximum  safe  usage  of  said  easements without unduly infringing upon the privacy of the owner or occupant of any part of  said  property.  An  easement  over,  upon  and across all parts of said property is granted and  reserved  to  the  Association,  its  successors  and  assigns  to  the extent reasonably required to  perform  exterior  maintenance  and  to  the  extent  reasonably  necessary  to  perform  other  maintenance  reasonably  necessary  or  advisable  to  protect  or  preserve  the value of the said  property and the living units thereon.  

1.    No lot shall be used for other than residential purposes and no buildings shall be  erected on any lot except dwellings, garages or carports.  

2.    Easements for installation and maintenance of utilities and facilities are reserved  as shown on the record plat. Said property is subject to the terms and provisions of EWEB.  underground electric R-7 rate agreement as recorded in Lane County, Oregon.    

3.    No structure of a temporary character, trailer, basement, partly finished house,  shack, garage, barn or other out-building shall be used on any lot at any time as a residence either  temporarily or permanently. All structures, additions or alterations shall be completed in no less  than six months from a starting date.  

4.    Front  yards  shall  be  landscaped.  Yards  shall  be  maintained  in  a  neat,  clean  condition and grass shall be watered and cut regularly.  

5.    One Block Parent and one home occupation sign of not more than 1 square foot,  both of which must be not less than twenty feet from the front property line may be displayed.  All other signs, except real estate broker signs, political signs or owner signs advertising the  property for sale or rent, are strictly forbidden.  

6.    No  oil  drilling,  oil  development  operations,  oil  refining, quarrying or mining  operations of any kind shall be permitted upon 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.  

7.    No animals, livestock or poultry of any kind shall be raised, bred or kept on any  lot, except two (2) household pets may be kept, provided they are not kept, bred or maintained  for any commercial purpose and do not create objectionable noise or odor and are maintained on  a leash when off the owner’s property.  

8.    Except as provided in paragraph 12 of these restrictions, no lot shall be used or  maintained as a parking place for trucks, equipment or materials, except during the course of  construction, or used as a dumping ground for rubbish or used as a parking place for automobiles  not in regular family use and good operating condition.  

9.    Trash,  garbage  or  other  waste  shall  not be kept except in sanitary containers  emptied weekly. All incinerators, garbage cans or other equipment for the storage of or disposal  of such materials shall be kept in a clean and sanitary condition enclosed by fences that screen  them from sight.  

10.     Storage of any kind of goods, chattels, merchandise, material, fuel, supplies or  machinery shall be within walls of the building, or enclosed by tight fences that completely  screen it from sight.  

11.    No  noxious  or  offensive  activity  shall  be  carried  on  upon  any  lot,  nor shall  anything be done thereon which may become an annoyance or nuisance to the neighborhood.  

12.     No  building,  fence,  structure  or  alteration  shall  be  erected  until  plans  and  specifications have been approved by the Architectural Committee, which will be appointed by  the Board of Directors. Territorial enclosure of circular lots is prohibited absolutely, but privacy  fences for patios and screening of recreational vehicles, travel trailers, campers, boat trailers and  similar  vehicles  may  be  permitted  with  approval  of  the  Architectural  Committee.  Animal  enclosures may be approved provided they are constructed of woven wire on treated wood posts.    

13.    No TV antenna erected on any Lot shall extend more than two feet above the  portion of the roof of the dwelling on which it is mounted.  

14.    When these covenants do not cover a situation, the rules and regulations of the  City  of  Eugene  shall  be  applied.  In  all  cases  where  there  are  conflicting  rules  showing  a  difference in requirements, the stricter of the two is to be used. The decision of the Board of  Directors shall govern in determining which rule is the strictest.  

15.    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 act or omissions. The word “use” as  referred to herein means ownership of a dwelling unit or other structure which incorporates such  wall or any part thereof.  

16.    Violations  of  any  of  the  above  restrictions,  upon  proper  notification  of  such  violation, may be subject to an assessment of not less than $10.00 for each day until corrected.  Such assessment shall constitute a lien upon the property. The foregoing assessment shall be in  addition to other remedies available in the event of a breach.  

Section 1.    Enforcement.  The  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  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  judgement or court order shall in no way affect any other provisions which shall remain in full  force and effect.  

Section 3.   Amendment.   The covenants and restrictions of this Declaration shall run  with and bind the land from the date this Declaration is recorded. This Declaration may be  amended by an instrument signed by not less than fifty-one percent (51%) of the Lot Owners.  Any amendment must be recorded. 

Section 4.   Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of the members.