BOOK 89 PAGE 776 SALISHAN HILLS DECLARATION SUBJECTING THE BLUFFS, PHASE 5 TO THE PLAN OF SALISHAN HILLS

By instrument dated January 17, 1976 and recorded on January 23, 1976 in Book 62 of the Records and Deeds of Lincoln County, Oregon at Page 309, SALISHAN HILLS. INC., an Oregon corporation, “the Developer,” has established the Plan of Salishan Hills.

The Plan of Salishan Hills contemplates that Developer will organize within Salishan Hills a number of residential areas.

Developer has determined upon a development plan for Salishan Hills. The Plan contemplates that Salishan Hills will be a community with diverse types of dwelling arrangements. Homes within Salishan Hills will be attractive either for permanent residence or for recreational use. Owners of homes within Salishan Hills will have available common areas for their use as set forth in the Plan of Salishan Hills.

Developer proposes to establish and maintain a high standard for the improvement of private areas within Salishan Hills to the end that property within Salishan Hills will have a continuing value for those who acquire it.

Developer proposes to create a condominium within Salishan Hills to be known as “The Bluffs.” Phase 5 will be located within the property described in Exhibit A attached hereto. Accordingly, Developer wishes in a subject the property described in Exhibit A hereof to the Plan of Salishan Hills and to make provision for the conditions upon which private areas within such property may be used. Nothing in this declaration is intended to prohibit removal of such property from the Oregon Unit Ownership Law, provided the provisions of this instrument and the Plan of Salishan Hills are otherwise complied with.

NOW THEREFORE, Developer does hereby declare and provide as follows:

1. DEFINITIONS.

When used herein the terms referred to below shall have the following meanings:

1.1 “The Bluffs,” Phase 5 shall mean that property described in Exhibit A attached hereto.
1.2 “The Property” shall mean “The Bluffs,” Phase 5.
1.3 Incorporation by Reference. Each of the terms defined in Section 1 of the Plan of Salishan Hills shall have the meaning set forth in such Section 1.

2. ESTABLISHMENT OF THE BLUFFS, PHASE 5.

2.1 Plan of Salishan Hills. Pursuant to Section 2.1 of the Plan of Salishan Hills. Developer hereby declares as follows:

a) All property within The Bluffs, Phase 5 shall be subject to and entitled to the benefits of all of the terms, benefits, covenants, conditions and restrictions contained in the Plan of Salishan Hills. Among other things, each unit owner shall enjoy the easements set forth in Section 2.3 and 2.4 thereof, will be required to pay the maintenance assessments for which provision is made in Section 9 and property owned by them will be subject to liens as provided in Section 9.

b) The portions of the Property described in Exhibit B attached hereto shall be private ways for all purposes of the Plan of Salishan Hills

c) The remainder of the Property exclusive of those portions described in Exhibit B, shall constitute private area for purposes of the Plan of Salishan Hills.

3. DECLARATION AS TO RESTRICTIONS ON USE OF PRIVATE AREAS AND COMMON AREAS WITHIN THE BLUFFS. PHASE 5.

3.1 Declaration of restrictions. All private areas and common areas, if any, within the Property are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved only in accordance with the Provisions made in this instrument and in the Plan of Salishan Hills.

3.2 Use and occupancy of private areas. Each unit owner within the Property shall be entitled to the exclusive use and benefit of each unit owned by him, except as otherwise expressly provided herein and in the Plan of Salishan Hills. That portion of the private areas within the Property which will constitute general or limited common elements within the meaning of the Oregon Unit Ownership Law shall be so designated in the declaration filed pursuant to that law.

3.3 Provisions affecting construction and alteration of improvements in private areas. No person shall construct or reconstruct any improvement, or alter or refinish the exterior of any improvement on any unit, make any excavation or fill on a unit, make any change in the natural or existing surface drainage of a unit or install a utility line outside antenna or other outside wire on a unit unless such person has first obtained the consent thereto of the Design Committee. The restriction contained in this section applies to unit owners owning units within the Property, to any association of unit owners which may be formed pursuant to the Oregon Unit Ownership Law, and to the owners of any portion of the private area which is not a unit and which has not been subjected to the Oregon Unit Ownership Law.

3.4 General Provisions for and restrictions on use of private areas.
(a) Maintenance. The grounds of and improvements on each unit shall be maintained in a clean and attractive condition in good repair and in such fashion as not to create a fire hazard. In the event of a violation of this provision, the Administrator of Salishan Hills may correct such conditions and charge the cost thereof to the owners of the property in violation. If such property is a common element within the meaning of the Oregon Unit Ownership Law, the Administrator shall be entitled to charge the cost of correction either to the association of unit owners to be formed pursuant to the Oregon Unit Ownership Law or, in the alterative, a charge a pro rata portion of such costs to the unit owners to whom such common element pertains.
(b) Residential Use. No structures shall be placed upon the Property other than a single or multiple family dwellings and related recreational, parking or service structures.
(c) Appearance. All garbage , trash, cuttings, refuse, garbage and refuse containers, oil tanks, clotheslines and other service facilities, shall he screened from view from common areas and private ways in a manner approved by the Design Committee.
(d) Signs. Nothing shall be placed or kept within the Property other than signs stating the name of the project, the name the occupant of a unit and the address of the unit, except that in the event an owner wishes to advertise his unit for sale or lease he may do so provided that he shall use for that purpose a sign provided by or approved by the Administrator and placed at a location specified by the Administrator.
(e) Offensive Activities. No offensive activity shall be carried on in any unit or any other portion of the private area, nor shall anything be done or placed thereon which interferes with or jeopardizes the enjoyment of other units within the property or within the portion of the private area within the Property, which will not constitute part of a unit.

3.5 Uses prohibited without Design Committee consent. Unless, the consent of the Design Committee has first been obtained none of the following shall be done on any private area or common area within the Property:
(a) No trailer, truck camper, motor home, boat or boat trailer shall be parked or kept thereon except on a temporary basis.
(b) No exterior lighting or noise-making devices shall tie installed or maintained.
(c) No trees, shrubs or other vegetation shall be removed and no trees, shrubs or other vegetation shall be planted thereon.

3.6 Uses prohibited without the consent of the administrator Except with the consent of the Administrator of Salishan Hills, private area or common area, if any, in the Property shall be used in any of the following ways:
(a) No trailer, truck camper, motor home, boat, boat trailer shall be placed or kept thereon for temporary periods of time.
(b) No animals of any kind shall, be raised, kept or permitted other than a reasonable number of domestic household pets which are not kept, bred or raised for commercial purposes and which are reasonably controlled so as not to be a nuisance to other units. Pets will be subject to Rules and Regulations as provided for in the Plan of Salishan Hills.
(c)No commercial activities of any kind shall he carried on unless specific approval has been granted by the Administrator, except that this restriction shall not prevent operation of the Property for apartment or lodging rental purposes.
(d) No exterior fires shall be permitted other than barbecue or trash disposal fires contained within receptacles therefor.
(e) The Administrator may make rules and regulations of general applicability governing the extent to which any of the foregoing shall be permitted and which shall become a part of the Salishan Hills Rules and Regulations.

4. DESIGN COMMITTEE CONSENT.

In all cases in which Design Committee consent is required hereunder, the following provisions, together with the provisions contained in the Plan of Salishan Hills shall apply:

4.1 Work by unit owners. In case any unit owner wishes to do any work on his unit with respect to which Design Committee consent is required the unit owner shall submit to the Design Committee such plans and specifications for the proposed work as the committee determines to be necessary to enable it to evaluate the proposal. The Design Committee shall render its decision with respect to the proposal as quickly as is reasonably possible, but in no event later than seven days after has received all material required by unit with respect thereto.

4.2 Work by owner of the Property or of association of unit owners In case the owner of any portion of the Property other than a unit or in case any association of unit owners organized pursuant to the Oregon Unit Ownership Law shall desire to perform work within the property for which Design Committee consent is required, such entity shall submit to the Design Committee such plans and specifications for the proposed work as the committee determines to be necessary to enable it to evaluate the proposal. The Design Committee shall render its decision with respect to the proposal within 30 days after it has received all material required by it with respect thereto.

4.3 Design Committee discretion. The Design Committee may in its sole discretion, withhold consent to any proposed work if the committee finds that the proposed work would be inappropriate for a particular unit or incompatible with the high design standards that Developer intends for Salishan Hills. Considerations such as siting, shape, size, color, design, height, impairment of the view from other parcels within this Salishan Hills or other effect on the enjoyment of other parcels or common areas, disturbance of existing terrain and vegetation, and any other factors which the Design 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. The Salishan Planned Development is exempt from Lincoln County yard setback requirements by a variance granted June 20 2, 1970. The Design Committee for Salishan Hills shall be the governing body

4.4 Design Committee’s failure to act in the event the Design Committee fails to render its decision with respect to any proposed work within a time limit set forth above, the committee shall conclusively be deemed to have consented to the proposal.

4.5 . Design Committee consent to any proposed work shall automatically be revoked one year after issuance unless construction of the work has been commenced or the applicant has applied for and received an extension of time from the Design Committee.

5. MISCELLANEOUS.

5.1 Amendment and Repeal. With the consent of the Administrator of Salishan Hills any provisions of this declaration made at any time be amended or repealed or provisions may be added by any of the following methods:
(a) Until such time or a declaration submitting a portion of the Property to the Oregon Unit Ownership Law has been recorded, by filing in the records of deeds of Lincoln County, Oregon, of a certificate executed by Developer setting forth in full the amendment, additional provision for repeal, or while Developer retains the beneficial ownership of 50 percent or more of the units within The Bluffs, Phase 5, by written consent of unit owners owning 75 percent of the units within The Bluffs, Phase 5.
(b) Unit owners owning 75 percent of the units within Salishan Hills may consent in writing to the amendment or repeal of a provision or to the addition of new provisions; or
(c)Any association organized for Salishan Hills may consent to such amendment, repeal or addition.

The association shall be deemed to have consented to the amendment or repeal of a provision contained in this Salishan Hills I Declaration or to the addition of a new provision if the following procedures shall have been followed:
(1) The board of directors of the association shall have adopted a resolution setting forth the proposed amendment, provision for repeal or proposed additional provisions and directing that it be submitted to a vote at a meeting of the members, which may be either an annual or a special

(2) Written notice setting forth the proposed amendment, provision for repeal or proposed additional provision, or a summary of the changes to be effected thereby, shall be given to each unit owner within Salishan Hills at least 60 days prior to the time of the meeting at which the proposed amendment, provision for repeal or proposed additional provision is to be considered.

(3) At the meeting of the members at which the proposed amendment, provision for repeal or proposed additional provisions is to be considered, the proposed amendment, provision for repeal or proposed additional provision shall be submitted to a vote of the members. The proposed amendment, provision for repeal or proposed additional provision shall be adopted upon receiving two thirds of the votes entitled to be cast by all of the members of the association.

No areas designated as common areas may be alienated by the association without the approval of all holders of mortgages or trust deeds on units within Salishan Hills.

Any amendment or repeal of a provision of this declaration or additional provision shall become effective only upon the filing in the Records of Deeds of Lincoln County, Oregon, or a certificate or the president, secretary or assistant secretary of the Administrator of Salishan Hills setting forth in full the amendment, amendments, additional provision or repeal approved as provided in this Section and certifying that said amendment, amendments, additional provision or repeal have been approved in the manner required therefor herein.

5.2 Duration. The covenants and provisions contained herein shall run with the land affected hereby and shall be and remain in full force and effect at all times with respect to all property included within The Bluffs, Phase 5 and the unit owners thereof for an initial period of 45 years commencing April 13, 1976. Thereafter such provisions and covenants shall continue to run with the land and be and remain in full force and effect at all times with respect to the Property and the Unit Owners thereof for successive additional periods of 10 years each. The continuation from the initial or any additional period into the next subsequent period shall be automatic and without the necessity of any notice or consent, whatever, provided however that such provisions and covenants may be terminated at the end of the initial or any other additional period by the method provided in Section 6.1 before the amendment, repeal or addition of a provision to this declaration. Any such termination shall become effective upon filing in the Records of Deeds of Lincoln County,, Oregon, of a certificate of the president, Secretary or Assistant Secretary of the administrator of Salishan Hills, certifying that the termination as of a specified termination date has been approved in the manner required therefor herein not less than one year prior to the intended termination date.

5.3 Construction; severability; number; captions. This declaration shall be construed as an entire document to accomplish the purposes stated in the introductory paragraphs of this Declaration.

Nevertheless, each provision of this declaration shall be deemed independent and severable, and the invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provisions .

As used herein, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. All captions used herein are intended solely for the convenience of reference and shall in no way limit any of the provisions of this declaration..

In witness whereof, Salishan Hills, Inc. Has executed this declaration on the second day of June 1978.

State of Oregon
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County of Lincoln
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On this 25th day of June 1978,, personally appeared John D. Gray, who being duly sworn, did say that he is the President of Salishan Hills, Inc., and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and acknowledged that instrument to be its voluntary act and deed.

A. EXHIBIT A.

The land being committed to said condominium is described as follows: beginning at the most Westerly quarter of Phase 5, of “The Bluffs” said point being North 2293.90 feet and West 520.38 feet from the South ¼ corner of section 10, Township 8 South, Range 11 West of the Willamette Meridian in Lincoln County, Oregon. Said initial point also being on the easterly right-of-way line of the Relocated Oregon Coast Highway 101; then North 42º 55 ‘ 59 “ East 269.96 feet along said right-of-way line to the most Westerly corner of Phase 1 of “The Bluffs”, said point also being opposite engineer’s station PT. 52 + 90 08; thence South 41º 25 ‘ 20 “ East, 54.46 feet along the boundary line of said Phase 1 of “The “Bluffs”: then South 11º 18 ‘ 55 “ West, 177.48 feet; to the north 78? 41 ‘ five “ West, 40.26 feet:. Then South 11º 18 ‘ 55 “ West, 80.00 feet to a point that is South 55º 57 ‘ 36 “ East for the point of the beginning;. Then North 55º 57 ‘ 36 “ West, 156.79 feet to the initial point of the beginning.

B. EXHIBIT B.

A tract of land 30 feet in width for roadway purposes lying 15 feet on either side of the following described centerline:.

Beginning at a point, which is 1861.993 North and 332.51 feet West of the South quarter section corner, Section 10, Township 8 South, Range 11 West of the Willamette Meridian, Lincoln County, Oregon; thence from said point of beginning South 86? 13 ‘ 20 “ East, 23.41 feet; thence on a 121.25 foot radius curve right (long chord bears South 76 º 51 ‘ 20 “ East, 39.47 feet), and our distance of 39.64 feet; thence South 67º 29 ‘ 20 “ East, 11.18 feet; thence on a 42.40 foot radius curve left (long chord bears North 77 º 13 ‘ 40 “ East, 48.98 feet), and for distance of 52.22 feet; thence North 41? 56 ‘ 40 “ East, 67.82 feet; thence on a 69.48 foot radius curve left (chord bears North 25? 53 ‘ 10 “ East, 38.44 feet) an arc distance of 38.95 feet;. Thence 9º 49 ‘ 40 “ East, 126.24 feet; thence on a 348.57 foot radius curve right (chord bears North 16? 22 ‘ 27 “ East, 79.48 feet) an arc distance of 79.61 feet; thence North 22? 55 ‘ 14 “ East, 110.46 feet; thence on a 78.87 foot radius curve left (chord bears North 2º05’44 “ West, 56.08 feet) an arc distance of 57.33 feet; thence on a 196.66 foot radius curve left (chord bears North 25? 29 ‘ 46 “ West, 42.09 feet) and our distance of 40.16 feet; to the true point of beginning of Bluffs Lane then North 30? 25 ‘ 46 “ West, 114.86 feet, thence on a 57.85 foot radius curve left (chord bears North 59? 42 ‘ 16 “ West, 56.58 feet) an arc distance of 59.17 feet; thence North 88? 58 ‘ 46 “ West, 107.35 feet; thence on a 66.57 foot radius curve left (chord bears South 82? 11 ‘ 22 “ West, 20.44 feet) an arc distance of 23.69 feet to the boundary line between Phase 1 and Phase 5 of “The Bluffs” condominium, an Oregon condominium; thence on the 26 foot radius curve to the left (chord bears South 36? 40 ‘ 45”, 31.06 feet) an arc distance of 33.29 feet; the South 79.72 feet to the end of Bluffs Lane.