A statement of the Mt. Bachelor Village Charter for the develoment of portions of Mt. Bachelor Village, containing among other things provisions which will subject portions thereof to certain easements, restrictions, assessments, penalties and liens.
Mt. Bachelor Village is a development of approximately 150 acres located in Deschutes County, Oregon. Mt. Bachelor Village is owned by Brooks Resources Corporation, an Oregon corporation, the "Developer".
Developer hopes to create at Mt. Bachelor Village a carefully designed community which will provide an attractive environment for permanent and vacation residences organized under the umified development plan embodied in this declaration.
Developer expects to provide common areas and recreational and service facilities which will be available for use by all the residents of Mt. Bachelor Village on a relatively economic basis through provisions for shared costs of these facilities.
By providing high standards for the improvement of private areas within Mt. Bachelor Village, Developer hopes property within Mt. Bachelor Village should continue to retain its value.
The Developer will provide leadership in organizing and administering the Mt. Bachelor Village sections during the development period, but expects residents in Mt. Bachelor Village to accept responsibility for community administration by the time the development is complete.
Funds for the maintenance and development of common areas, private ways and certain other areas generally will be provided through assessments against those who acquire an interest in specific sections, and there will be a system designed to assure that each person acquiring such an interest will pay his share of the necessary monies.
By adoption of the Mt. Bachelor Village Charter, Developer is not committing itself to take any action for which definite provision is not made below. One who acquires any interest in Mt. Bachelor Village shall not have any legal right to insist that there be development except as provided in the instrument creating the section in which he acquires his interest and except as otherwise provided in this Charter and in instruments which hereafter may be filed subjecting areas in Mt. Bachelor Village to this Charter.
DECLARATION
SUBJECTING PROPERTY TO AND WITHDRAWING PROPERTY FROM MT. BACHELOR VILLAGE CHARTER
BROOKS RESOURCES CORPORATION, Developer of Mt. Bachelor Village, Deschutes County, Oregon, pursuant to the Mt. Bachelor Village Charter, recorded Volume 205, page 976, Deed Records, Deschutes County, Oregon, hereby subjects the following described real property to the above described Mt. Bachelor Village Charter to-wit:
of the Northeast Quarter of the That portion Northwest Quarter (NEI/4NW1/4) lying East of the East right of way line of the Cascade Lakes State Highway, except for a portion of said land lying East of the East right of way line of the Cascade Lakes State Highway described as follows: Beginning at the Northeast corner of the NW1/4 thence South 473 feet, thence West to the East right of way-line of the Cascade Lakes State Highway, thence along said right of way line to North line of Section 7, Township 18, Range 12 E.W.M., thence East to point of beginning. That portion of the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) lying West of the Deschutes River and East of the East right of way line of the Cascade Lakes State Highway; that portion of the Northwest Quarter of the Northeast Quarter (NW1/4NEI1/4) lying West of the Deschutes River; that portion of the Southwest Quarter of the Northeast Quarter (SWI/4NE1/4) lying West of the Deschutes River; that portion of the Northeast Quarter of the Southwest Quarter (NE1/4SW1/4) lying West of the Deschutes River and that portion of the South Half of the Southwest Quarter (S1/2SW1/4) lying Northwesterly of the Deschutes River, all in Section Seven (7), Township Eighteen (18) Sauth, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon.
BROOKS RESOURCES CORPORATION is the owner of all property in the entire Mt. Bachelor Village area and therefor pursuant to Section Three of the above described Charter, withdraws the follow-
DECLARATION
HURLEY
GRAY.
FANCHER. HOLMES ATTORNEYS AT LAW
ing described property from the Mt. Bachelor Village Charter, to-wit:
That portion of the Northeast Quarter of the Northwest Quarter of Section Seven (7). Township Eighteen (13) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon; Beginning at the Northeast cormer of the NWI/4 thence Sauth 473 feet, thence West to the East right of way line of the Cascade Lakes State Highway, thence along said right of way line to North line of Section 7, Township 18, Range 12, E.W.M., thence East to point of beginning. a DATED July 8. 1974.
STATE OF OREGON, County of Deschutes, ss: July 1S, 1974
Personally appeared the above named W. L. SMITH, who, being sworn, stated that he is the President of Brooks Resources Corporation and that this declaration was voluntarily signed in behalf of the corporation by authority of its Board of Directors. Before me:
County of Deschutat Iherebycantiy thint the within in7ment ofwrittng wan reraived forRecand
delank P M., and mcorded in.Bouk 208 on puge 806
BYLAWS OF THE LATIUN OF UNIT ONNERS ASSOCIATION OF UNIT OF SKI HOUSE CONDOMINIUM SECTION
1. Name and Locatlon. These are are the bylaws of the ASSOCIATION OF UNIT OWNERS OF SKI IOUSE CONDOMINIUM SECTION (hereinafter, the "Associntion"). Ski llouse Condoniniun Section (hereinafter, the "Condominiun") is located in Nt. Bachelor Village, Deschutes County, Oregon, and has been submitted to the Oregon Unit Ownership Law by a declaration filed simultaneously herewith. The locntion of thecondoniniumis more specifically described in that declaration.
2. Principal office. The principal office of the Associstion shall be located ar Mt. Bachelor Village, Bend, Dregoo.
3. nses. Thils Association Asso is formed under the provisions of the Oregon Unit Ownership Law to serve as the means through which theunit owners maytakeactionwith regard to the administration, management, and operation ofthe condominiun,
4. Applicablllty of Bylaws. The Association, all wait owners, andall persons using the condominium property shall be subjact to these bylaws and to all rules and regulations which may be promulgated hereunder. -1-
L 208 PAE 994
5. Rrooks Resources Corporation Deciaration and Charter of Mt. Bachelor Village. In addition to thesa bylaws and the declaration filed herewith, the Association, all unit owners, and all parsons using the condoniniwm property are subject to the Brooks Resourcos Corporation dectaration establishing Ski louse Condominium Section, the Charter of Ht., BachelorVillage,and any rules andregulations prosulgated thereunder.
6. Composition of Association. The Association shall be corposed of ll the unit owners of of the condominium, including Brook Resources Corporation (hercinafter, "Developar") ond the Associotion itself, to the extent cither of these own any unit oT units ofthecondoninium.
1. Place of Mectings. The Asdaciation shell hald mectings at Mt. Bachelor Village, Bend, Oregon, or t cuch other suitable placeconvenient to the unit ownors as mev be designated by the board of directors.
2. First Organization Meeting and InterimDiroctors. Within sixtv (60) days after the developer has submitted the condominiua to unit ownership and adopted these bylaws as ow owner of all units, the developer shall call the first mecting of the unit owners to organize the Association. At such time the interim board ofdirectors designated by the developer pursuant to Article
111, Section 2, shall resign and the unit owners shall elect new board of directors as provided in these bylaws.
3. Annunl Meetings. The annual mectings of the Association shall be held in the months of July or August on such date as the chairman may designate, ar if the chairnan should fall to designate such date by the first day of August, then on the last Saturday in in August. The annual meetingsshali befor the purposeof electing directors and for the transaction of such other business as may properly come before the eeting.
4. Special Meetings. Special meetings ofthe Associstion may be called by thechairman or secretary or by a wzjority af tihe board of directors, and must be called by such officers upon upon receipt of a written roquest from at loast thirty percent (301) of the unit owners stating the purpose ofthe meeting. Business transacted at special meeting shall be confined to the purposes statedinthe notico.
5. NoticrofNeetings. Noticeofall ncetings of the Associationstating the tine and pla tine and place and the obiects for which the meeting is being called shall be givenby the chairman or secretary. Such notice shall bu in writing and nailed to each unit owner at his address as as it appears app on the books of the Association not not less than ten (10) days nor more than sixty (60) days prior to the date of the mepting. Proof of such mailing shal1 be given by the affidavit of the person giving the notice. Notics ofmesting may bewaived by snyunit owner before or after aeetings.
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A statement of the Mt. Bachelor Village Charter forthe development of portions of Mt. Bachelor Village, containing among other things provisions which will subject portions thereof to certain easements, restrictions, assessments, penalties and liens.
Mt. Bachelor Village is a development located in Deschutes County, Oregon. Mt. Bachelor Village is owned by Brooks Resources Corporation, an Oregon corporation, the "Developer." an
The Developer hopes tocreate at Mt. Bachelor Village a carefully designed community which will provide attractive environment for permanent and vacation residences organized under this declaration.
The Developer expects to provide common areas and recreational and service facilities, some of which will be available for use by all the residents of Mt. Bachelor Village through provisions for shared costs of these facilities.
The Developer will provide leadership in organizing and administering the Mt. Bachelor Village sections during the development period, but expects residents in Mt. Bachelor Village to accept responsibility for community administration by the time the development is complete.
Funds for the maintenance and development of common areas, private ways and certain otherareas generally will be provided through assessments against those who acquire an interest in specific sections, and there will be a system desiçned to assure that each person acquiring such an interest will pay his share of the necessary moneys.
By adoption of the Mt. Bachelor Village Charter, the Developer is not committing itself to take any action for which definite provision is not made below. Onewho acquires any interest in Mt. Bachelor Village shall not have any legal right to insist thatthere be development except as provided in the instrument creating the section in which he acquires his interest and except as otherwise provided in this Charter and in instruments which hereafter may be filed subjecting areas in Mt. Bachelor Village to this Charter.
The following is the Amended Mt. Bachelor Village Charter which supercedes the Mt. Bachelor Village Charter recorded in Book 205, Page 976, Deed Records of Deschutes County, Oregon.
SECTION 1. Definitions. When used herein the following terms shall have the following meanings:
1.1 "Architecture ReviewCommittee" or "Architectural Committee" shall mean the committee appointed pursuant to the provisions of Section 8 herein.
1.2 "Mt. Bachelor Village" shall mean the real property described in Exhibit A attached hereto, together with any additional area which hereafter may be owned or leased by the Developer any portion of which shall lie within one and one half miles of any portion of the property described on Exhibit A and with respect to which the Developer has filed a declaration in the records of deed of Deschutes County, Oregon providing that such property shall be part of Mt. Bachelor Village.
1.3 "The Mt. Bachelor Village Association" shall mean the association to be organized by the Developer pursuant to the provisions of Section 10 herein.
1.4 "Mt. Bachelor Village Declaration" shall mean any instrument provided for in Section 2 for the subjection of an area within Mt. Bachelor Village to the Charter.
1.5 "Mt. Bachelor Village Charter" and "Charter" shall mean this instrument, together with any amendments or supplements thereto.
1.6 "The Mt. Bachelor Village Rules and Regulations" shall mean the rules and regulations adopted as provided in Section 6 herein.
1.7 "Board of Directors" shall mean the Board og Directors of the Mt. Bachelor Village Association.
1.8 "Common Area" shall mean any area which is designated as such in a Mt. Bachelor Village Declaration or in the plat of a section.
DECLARATION
This declaration ismade andexecuted this 2nd day of June 1982, by BROOKS RESOURCES CORPORATION, an Oregon corporation, the "Developer", to subject the property described herein to the Mt. Bachelor Village Charter, and to certain covenants and restrictions.
By instrument dated April 8, 1974, and recorded May 8, 1974, inVolume 205, page 976, of the Records of Deedsof Deschutes County, Oregon, the Developer has established the Mt. Bachelor Village Charter which was amended and superceded by an instrument dated May 22, 1981, and recorded May 27, 1981, in Volume 341, Page 529 of the Records of Deeds of Deschutes County, Oregon.
Developer has constructed an access road for the Mt. Bachelor Village and, Developer now wishes to subject the property described hereinto the Mt. Bachelor Village Charter as a private way.
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GRAY, FANCHER, HOLMES & HURLEY Attorneys at
Law 40 N.W. Greenwocd Ave. - P. O. Box 1151 Bend, Oregon
When used herein the following following meanings:
terms shall have the
1.1 Each of the terms defined in Section I of the Amended Mt. Bachelor Village Charter shall have the meanings set forth in such Section I.
2.1 Pursuant to Section 2.1 of the Amended Mt. Bachelor Village Charter, Developer hereby declares the property described herein tobe subject to the Charter on the following terms:
(a) All property described herein shall be a private way as defined in the Charter, and each unit owner and each resident of Mt. Bachelor Village is granted a non-exclusive easement to use said private way as more fully set forth in the Charter.
(b) Developer hereby reserves the right to locate, construct, maintain, and repair a pedestrian and bicycle path and easement on, over, and across the property described herein including the rightto dedicate the pedestrian and bicycle path and easement to public use in a location to be determined by the Developer.
(c) Developer hereby reserves the right to grant a nonexclusive easement for access on, over, and across the property described hereinto suchotherpersons as Developer shall determine can be benefited thereby, even though such persons may not be unit owners or residents of Mt. Bachelor Village.
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GRAY, FANCHER, HOLMES & HURLEY Attorneys at Law
40 N.W. Greenwood Ave. - P. O. Box 1151 Bend, Oregon
