Washington Square Estates: CCNRs

COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF

WASHINGTON SQUARE ESTATES

SECTION 1: DECLARATION – WASHINGTON SQUARE ESTATES I

SECTION 1B: DECLARATION – WASHINGTON SQUARE ESTATES II & III

SECTION 2: ADDENDUM TO DECLARATION

SECTION 3: AMENDED DECLARATION

SECTION 4: SECOND AMENDED DECLARATION

SECTION 5: UNAPPROVED REPLACEMENT DECLARATION

Much of this was retyped, so some errors may exist.

Please report any errors or inconsistencies to Mike Shkolnik.

DECLARATION OF CONDITIONS AND RESTRICTIONS FOR

WASHINGTON SQUARE ESTATES

TO THE PUBLIC:

1. The undersigned do hereby certify and declare that the following reservations, conditions, covenants, and agreements shall become and hereby are made a part of all conveyances of property owned by the above named persons or corporation, within the plat of Washington Square Estates as the same appears in plat recorded in Book 32, Page 44, of plats in Washington County, Oregon of which conveyances and agreements shall become a part by reference hereto and to which it shall thereupon apply as fully and with the same effect as if set forth at large within.

2. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or

permitted to remain on any lot other than one detached single family dwelling, with the exception of

lot number 1.

3. Easements for utilities as outlined on the plat are hereby reserved.

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

5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Further, no trailer, camp er, boat trailer or equipment or vehicle other than passenger cars, panel or pickup trucks may be stored or parked permanently outside of the garage or a shelter without written permission from an officer of Columbia Custom Homes.

6. No sign of any kind shall be displayed to the public view on any lot or improvement except one

professional sign of not more than one square foot advertising the property for sale or rent. This does

not apply to signs used by the builder during the construction and sales period.

7. No fence or walls shall be erected without written approval of an officer of Columbia Custom Homes.

8. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.

9. [This item was omitted from later sales] Lots A, B, C, D, and E shall be owned in common by the

parties who become owners of the individual lots in Washington Square Estates. The commo n areas

shall be maintained by the developer until such a time a Home Owner's Association is formed under

the direction of the developer for the supervision and maintenance of the common areas shall become

the responsibility of the Association. Each resident shall be entitled to one vote per lot and if there are

any lots that have not yet transferred title to a homeowner, the developer will be entitled to five votes

for each lot in which he still has title, although he will not be participating in any dues or fees if the

Home Owner's Association should decide to levy such an obligation for the upkeep of the common

areas. Should the developer further develop the property north of the creek as additional single family

residential communities, the homeowners of that property shall be entitled to the use of the common

area and have the same responsibilities and votes as the owners south of the creek and the residents

south of the creek shall also be entitled to the use of any common areas north of the creek as we ll as

responsibility for its supervision and maintenance.

10. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for an indefinite period of time and from the date these covenants are recorded, and can only be changed if an instrument signed by the majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or part. To form a majority would require more than 50 per cent of the owners and the developer shall be considered the owner for each lot which has not yet transferred to a new owner.

11. Enforcement shall be by proceedings at law or in equity against any person or persons violating or

attempting to violate any covenant either to restrain violation or to recover damages.

12. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

DECLARATION OF CONDITIONS AND RESTRICTIONS FOR

WASHINGTON SQUARE ESTATES II AND

WASHINGTON SQUARE ESTATES III

TO THE PUBLIC:

1. The undersigned do hereby certify and declare that the following reservations, conditions, covenants, and agreements shall become and hereby are made a part of all conveyances of property owned by the above named persons or corporation, within the plat of Washington Square Estates II as the same appears in plat recorded in Book 34, Page 46 & 46A, and Book 35, Pages 29 & 29A, of plats in Washington County, Oregon of which conveyances and agreements shall become a part by reference hereto and to which it shall thereupon apply as fully and with the same effect as if set forth at large within.

2. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or

permitted to remain on any lot other than one detached single family dwelling.

3. Easements for utilities as outlined on the plat are hereby reserved.

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

5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Further, no trailer, camper, boat trailer or equipment or vehicle other than passenger cars, panel or pickup trucks may be stored or parked permanently outside of the garage or a shelter without written permission from an officer of Columbia Custom Homes, Inc.

6. No sign of any kind shall be displayed to the public view on any lot or improvement except one

professional sign of not more than one square foot advertising the property for sale or rent. This does

not apply to signs used by the builder during construction and sales period.

7. No fence or wall shall be erected without written approval of an officer of Columbia Custom Homes, Inc.

9. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for an indefinite period of time and from the date these covenants are recorded, and can only be changed if an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change the covenants in whole or part. This represents a total of 39 signatures, corresponding with the platted 39 lots. To form a majority would require 20 owners to agree.

10. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

11. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

ADDENDUM TO DECLARATION OF CONDITIONS AND RESTRICTIONS

FOR WASHINGTON SQUARE ESTATES

TO THE PUBLIC:

1. No tree over 8” in diameter can be removed from any property within the community without

permission from an officer of Columbia Custom Homes.

2. Before any home can be built in the community, or any lot being serviced by the improvements done by Columb ia Custom Homes in this subdivision, the plans and elevations must first be approved by an officer of Columbia Custom Homes.

AMENDED DECLARATION OF COVENANTS, CONDITIONS,

EASEMENTS AND RESTRICTIONS OF

WASHINGTON SQUARE ESTATES HOMEOWNERS ASSOCIATION

THIS AMENDED DECLARATION, is made on the 5th day of May, 1984, by a majority of the lot

owners of Washington Square Estates, hereinafter referred to as "Declarants".

WITNESSETH:

WHEREAS, Declarants are the owners of certain real property known as Washington Square Estates I,

II and III, in the County of Washington, State of Oregon.

WHEREAS, at the time of filing this Amended Declaration, there are several building lots which are

unimproved; and

WHEREAS, it is the desire of the Declarants that if said building lots shall be built upon, such

construction should be in conformance with all applicable building codes and regulations, and be of such size, quality, design and composition as to be consistent and in harmony with the existing residences now located upon the lots in Washington Square Estates 1, II and III.

NOW, THEREFORE, Declarants hereby declare that said building lots which are unimproved at the

time of filing this Amended Declaration 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 all residences now or hereafter located in Washington Square Estates I, II and 111.

All such building lots shall be subject to the architectural controls set forth herein. Furthermore, enforcement of any violation hereof shall inure to the benefit of each record owner of any improved or unimproved lot in Washington Square Estates I, II or III, or to the Homeowners Association, should one exist at the time of enforcement.

ARTICLE I - - INCORPORATION BY REFERENCE

Those Conditions and Restrictions for Washington Square Estates I, II and III, having been previously recorded in the public records of Washington County, Oregon, are hereby incorporated by reference. In the event of any inconsistency between the previously recorded Conditions and Restrictions, and those contained in this Amended Declaration, the latter shall prevail. This Amended Declaration shall run with the land and inure to the benefit of and be binding upon the owners of all lots in Washington Square Estates I, II and III, their heirs, successors and assigns.

ARTICLE II - - RESIDENTIAL COVENANTS

Section 2.01 Scope . The covenants contained in this Amended Declaration shall not be construed as

placing any architectural controls upon any residence or other structure located upon any lot in Washington Square Estates I, II or III at the time of filing this Amended Declaration.

Section 2.02 Land Use and Building Type. No structure shall be erected, altered, placed or

permitted to remain on any building lot other than one single family dwelling not to exceed two and onehalf stories in height and a private garage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, or similar structure, provided the location of such structure is in conformity with the applicable building regulations, and is compatible in design and decoration with the residence constructed on such building lot, and has been approved by the Architectural Control Committee.

The provisions of this section shall not be deemed to prohibit the right of any owner to construct a

residence on any building lot, or to store construction materials and equipment on said building lots in the normal course of construction.

Section 2.03. The total square footage of any residence shall be not less than 2,500 square feet, the

interior and exterior of which and shall be in finished condition at the time of occupancy. The Architectural Control Committee created in Article Ill below may, at its discretion, waive any violation of this provision which it finds to have been inadvertent.

ARTICLE III - - ARCHITECTURAL CONTROL COMMITTEE

Section 3.01 Architectural Review. No Structure, including storage shelters, shall be commenced,

erected, placed or altered on any building lot until the construction plans and specifications and a plat

showing the nature, shape, heights, materials, colors, and proposed location of the structure have been

submitted to and approved in writing by the Architectural Control Committee. Furthermore, no site

preparation, including alteration of the existing vegetation, or removal of trees shall be commenced without written approval of the Architectural Control Committee. It is the intention and purpose of this Amended Declaration to assure quality of workmanship and materials, harmony of external design with the existing structures as to location with respect to topography, finish grade elevations, and to avoid plan repetition.

The requirements of this section shall not apply to any structure erected on any lot upon which a residence has been completed prior to the date upon which this instrument is recorded. In all cases in which Architectural Control Committee consent is required by these covenants, the following provisions shall apply:

A. Major Construction. In the case of site preparation or initial construction of a dwelling upon any

building lot, the owner shall prepare and submit to the Architectural Control Committee such plans and specifications for the proposed work as the committee may require. Material required by the committee

may include, but not necessarily be limited to, the following:

A plot plan indicating location of all improvements.
Drawings showing elevations, architectural design, exterior materials and exterior color scheme of all improvements.

The Architectural Control Committee shall render its decision with respect to the proposal within fifteen (15) days after it has received all materials required by it with respect thereto.

B. Minor Work. In the case of minor additions or remodeling, change of existing exterior color

scheme or exterior material, fence, greenhouse, or any other work not referred to in paragraph A above, the owner of a building lot shall submit to the Architectural Control Committee such plans and specifications for the proposed work as the Committee determines to be necessary to enable it to evaluate the proposal. The Architectural Control Committee shall render its decision with respect to the proposal within fifteen (15) working days after it has received all material required by it with respect thereto.

C. Completion. Once the owner of any building lot has obtained an occupancy permit for the

residence located thereon, it shall no longer be necessary to secure approval from the Committee pursuant to Section 3.01 so long as all construction, proposed work and landscaping has been finally approved in writing by said Committee.

D. Miscellaneous Building Restrictions.

(1) All construction upon any building lot, including painting and all exterior finish, shall be

completed within eight (8) months from the beginning of construction so as to present a finished

appearance from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Control Committee.

(2) All front yard landscaping must be completed within six (6) months from the date of

completion of construction of the residence located upon the building lot. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written

approval from the Architectural Control Committee.

(3) All roofing material must be of a cedar shake or shingle appearance, subject to approval by the

Architectural Control Committee.

(4) All siding must be of a cedar composition or appearance, subject to approval by the

Architectural Control Committee.

Section 3.02. Architectural Control Committee Decision. The Committee may, at its sole

discretion, withhold consent to any proposed work if the Committee finds that the proposed work would be inappropriate for the particular building lot or incompatible with the design standards for Washington Square Estates I, II or III. Considerations such as siting, shape, size, color, design, height, impairment of the view from other lots or other effect on the enjoyment of other lots or common area, disturbance of existing terrain and vegetation, and any other factors which the Committee reasonably believes to be relevant, may be taken into account by the Committee in determining whether or not to consent to any proposed work.

Section 3.03. Procedure. In the event the Committee fails to render its approval or disapproval

within fifteen (15) working days after all requested plans and specifications have been submitted to it,

approval will not be required as to the proposed work for which approval was sought.

Section 3.04. Membership: Appointment and Removal. The Architectural Control Committee,

shall consist of as many persons, but not less than three (3), as the Board of Directors of the Homeowners Association may from time to time appoint. If there is no Homeowners Association in existence at the time of such appointment or said Association has been dissolved, appointment of members of the Architectural Control Committee shall be by the vote of a majority of the Declarants.

Each Committee member shall serve for a term of one year following appointment or such other time as is fixed. A list of names and addresses of the members of the Committee shall be circulated to the Declarants from time to time. A member of the Committee shall not be entitled to any compensation for services performed pursuant to this Article III.

Section 3.05. Liability. Neither the Architectural Control Committee nor any member thereof shall

be liable to any owner, occupant, builder, developer or any other person claiming to have an interest in any lot in Washington Square Estates I, II and III for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided that the member bas, in accordance with the actual knowledge possessed by him or her, acted in good faith.

Section 3.06. Nonwaiver. Consent by the Architectural Control Committee to any matter proposed to

it and within its jurisdiction under these Covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent so long as such action is reasonably within the scope of its authority provided herein.

Section 3.07. Effective Period of consent. The Committee's consent to any proposed work shall

automatically be revoked one year after issuance unless construction of the work has been commenced or the owner has applied for and received an extension of time from the Architectural Control Committee.

Section 3.08. Duration of Architectural Control Committee. The Architectural Control Committee

shall be fully empowered to act within the scope of its authority granted pursuant to this Article III, for so long as there remains any building lot within Washington Square Estates I, II or Ill which does not have a completed residence located thereon.

IN WITNESS WHEREOF, the undersigned, being duly authorized by a majority of owners of lots in

Washington Square Estates I, II And III, have set their hand this 5th day of May, 1984.

SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS,

EASEMENTS AND RESTRICTIONS OF

WASHINGTON SQUARE ESTATES HOMEOWNERS ASSOCIATION

THIS SECOND AMENDED DECLARATION, is made on the 12th day of Dec, 1986, by a majority

of the lot owners of Washington Square Estates, hereinafter referred to as "Declarants".

WITNESSETH:

WHEREAS, Declarants are the owners of certain real property known as Washington Square Estates I, II and III in the County of Washington, State of Oregon; and

WHEREAS, at the time of filing this Second Amended Declaration, there are certain unimproved

building lots for which it may be necessary or appropriate to permit the construction of a residence thereon which is less than 2,500 square feet of living space, excluding the garage; and

WHEREAS, it is the desire of the Declarants that if a residence proposed to be built upon one of the

existing unimproved building lots complies in all respects with the applicable building codes, regulations and recorded deed restrictions, except that such proposed residence consists of less than 2,500 square feet of living space, excluding the garage, such proposed construction shall, subject to the conditions set forth below, be permitted by the Architectural Control Committee of Washington Square Estates; and WHEREAS, notwithstanding anything to the contrary contained herein, it is the desire of the Declarants that the size, quality, design and composition of such proposed construction be in harmony with the existing residences now located upon the lots in Washington Square Estates I, 11 and ill; and NOW, THEREFORE, Declarants hereby declare that the existing and amended Declaration of Covenants, Conditions, Easements and Restrictions of Washington Square Estates Homeowners Association shall be amended, as provided herein, in order to permit construction of residences upon the unimproved building lots located herein, when the proposed construction complies in all respects with the requirements of the Architectural Control Committee of Washington Square Estates, excepting only that there is less than 2,500 square feet of proposed living space, excluding the garage and a majority of the Declarants most directly affected thereby consent thereto.

ARTICLE I - - INCORPORATION BY REFERENCE

Those Conditions and Restrictions for Washington Square Estates I, II and III and the Amended

Declaration of Covenants, Conditions, Easements and Restrictions of Washington Square Estates

Homeowners Association, having been previously recorded in the public records of Washington County, Oregon, are hereby incorporated by reference. In the event of any inconsistency between the previously recorded documents and the terms contained in this Second Amended Declaration, the latter shall prevail. This Second Amended Declaration shall run with the land and inure to the benefit of and be binding upon the owners of all lots of Washington Square Estates I, II and III, their heirs, successors and assigns.

ARTICLE II - - VARIANCE PROCEDURE

Section 2.01. In the event a lot owner (hereinafter referred to as "said applicant") has received a final

written rejection of plans and specifications pursuant to Article III, Section 3.01 of the Amended

Declaration, and the rejection is solely for the reason that the planned residence is less than 2,500 square feet, the said applicant may within five business days thereafter, notify the Architectural Control Committee, in writing, of intent to request a review. Provided, however, notwithstanding anything to the contrary contained herein, the applicant shall have no such right of review if the planned residence, as submitted to the Architectural Control Committee, is less than 2,000 square feet of living area, excluding the garage.

Section 2.02. To obtain said review, the following procedures shall be strictly complied with:

(a) Following receipt of notice of intent to seek review, the Architectural Control Committee shall,

within a reasonable period thereafter, determine the names and addresses of the Affected Lot Owners.

"Affected Lot Owners" shall be defined as those then-existing owners of record of lots within the Affected Area. "Affected Area" shall be defined as all lots within or intersected by the circumference of a circular area, the radius of which shall be 200 feet from the midpoint of the front lot line of the lot for which review is requested.

(b) The Architectural Control Committee shall thereafter provide to the applicant a form of petition

seeking waiver of the 2,500 square feet requirement provided in Section 2.03 of the Amended Declaration. The applicant shall, within 20 days following receipt of said petition, submit the same to all of the Affected owners designated therein, and secure signatures from a simple majority thereof, consenting to said waiver. Each lot in the Affected Area shall be entitled to one vote.

(c) Upon obtaining a majority of signatures consenting to said waiver, and within the 20 days provided in subsection (b) above, the applicant shall return the petition to the Architectural Control Committee, which, after determining the authenticity of the signatures, shall within five business days thereafter grant written approval.

Section 2.03. In the event the applicant fails to secure a simple majority of signatures consenting to

said waiver within the time specified above, the Architectural Control Committee's final rejection shall be final and binding in all respects.

Date: September 23, 1994

DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR

WASHINGTON SQUARE ESTATES

[Note: This did not get the necessary 75% approval and is shown here only for reference]

1. The undersigned do hereby declare that the following amended conditions, covenants, restrictions, and agreements shall become and hereby are made a part of all conveyances of property within the plats of Washington Square Estates 1, II, and III, as they appear in the plats recorded in Washington County, Oregon at Book 32, page 44, Book 34 pages 46 and 46A, and Book 35, Pages 29 and 29A. These restrictions shall by reference become a part of each plat and shall apply as fully and with the same effect as if fully set forth therein.

2. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or

permitted to remain on any lot other than one detached single-family dwelling.

3. Easements for utilities as outlined on the plats are hereby reserved.

4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereupon which may be, or may become, an annoyance or nuisance to the neighborhood or that is prohibited or restricted by the ordinances of the City of Tigard as they exist now or may be amended from time to time.

5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at anytime as a residence, either temporarily or permanently. Further, no trailer, camper, boat trailer or equipment or vehicle other than passenger cars, panel or pickup trucks may be stored or parked permanently outside of the garage or a shelter without permission of the WSE Board or WSE Board designated committee.

6. No signs shall be posted on WSE common property except WSE community service signs that have been approved by the WSE Board or WSE Board designated committee. Signs shall not be displayed to the public view on any lot except the following:

1. Reasonably sized professional signs advertising the property for sale or rent.
2. Signs used by builders or contractors only while construction is underway.
3. Community service signs (i.e. block home sign)
4. Election signs and neighborhood function signs, providing they are posted no more than 30 (thirty) days before the function or election date, and are removed no later than 5 (five) working days after the function or election.

7. Fences and/or walls shall not be erected on the street-facing portion of the property, defined as front face of house to curb, without written approval from the WSE's Board or a Board designated committee.

8. No animals, livestock or poultry of any kind shall be rais ed, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose and that no more than 3 adults of each species are kept on the lot.

9. Tracts A, B, C, D, E, F, G, H, J, K, L, M, N, O, P, Q, R, S, T are Common Areas and shall be owned in common by the parties who are legal owners of individual lots in Washington Square Estates. Common areas may not be sold for personal gain. The common areas shall be maintained and are the responsibility of the Washington Square Estates Homeowners Association, as governed by the WSE Board.

10. WSE Homeowners Association membership and dues are mandatory and subject to the by-laws of the association as they exist and may be amended from time to time.

11. Owners of lots in Washington Square Estates shall be entitled to one vote per lot.

12. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for an indefinite period of time from the date these covenants are recorded, and can only be changed by vote or agreement of owners representing 75 percent of the total eligible votes, except that changes to these covenants relating to; (1) age restrictions; (2) pets; (3) limitations on the number of persons who may occupy units; or (4) limitations on the rental or leasing of units may be changed by vote or agreement of owners representing 51 percent of the total votes.

13. Enforcement shall be by proceeding at law or in equity against any person or persons violating or

attempting to violate any covenants, either to restrain violation or to recover damages.

14. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

This document includes in it entirety the previously approved amendment for new construction on

undeveloped lots dated May 5, 1984.

IN WITNESS WHEREOF, the undersigned, being duly authorized by a majority of owners of lots in

Washington Square Estates I, II, and III, have set their hand this day of , 199 .

Date Name (Print) Signature Address Lot#

Washington Square Estates

CCNRs

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