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| + | =====Restated Articles of Incorporation of Woodtique Heights Homeowner' | ||
| + | Pursuant to the provisions of ORS 57.385, these Restated Articles of Incorporation supersede the theretofore existing articles and amendments thereto. \\ | ||
| + | \\ | ||
| + | The undersigned, | ||
| + | ====ARTICLE I==== | ||
| + | The name of the corporation is WOODTIQUE HEIGHTS HOMEOWNER' | ||
| + | ====ARTICLE II==== | ||
| + | The principal office of the Association shall be located at 941 Pearl Street, Eugene, Lane County, Oregon, 97401 | ||
| + | ====ARTICLE III==== | ||
| + | Michael J. Safley, whose business address is 941 Pearl Street, Eugene, Lane County, Oregon, 97401, is hereby appointed as the initial Registered Agent of the Association | ||
| + | ====ARTICLE IV PURPOSES AND POWER OF THE ASSOCIATION==== | ||
| + | The Association does not contemplate pecuniary gain or profit to the members thereof, and specific purposes for which it is formed are to provide for maintenance, | ||
| + | < | ||
| + | Beginning at the initial point which is the Southwest corner of Lot 6, Block 8, FIFTH ADDITION to HIGHLAND OAKS, as platted and recorded in Volume 35, page 24, Lane County Oregon Plat Records, in Lane County, Oregon, said point being South 53.14 feet and West 712.09 feet from the Initial Point of the FIFTH ADDITION to HIGHLAND OAKS, said initial point being of record South 0º 04' 00" East 1791.48 feet and South 89º 56' 00" West 1092.73 feet from the Northeast corner of Section 2, Township 18 South, Range 4 West of the Willamette Meridian; thence along the boundary of said plat South 89º 32' 00" East 93.15 feet; thence South 0º 02' 00" East 71.97 feet; thence leaving said boundary and running South 88º 32' 30" West 441.25 feet; thence South 1º 27' 30" East 308.82 feet to the Northeasterly margin of HIGHLAND OAKS DRIVE; thence along said margin along the arc of a 232.15 foot radius curve right (the long chord of which bears North 53º 26' 40" West 77.61 feet) 77.97 feet; North 43º 49' 21" West 63.67 feet, along the arc of a 687.75 foot radius curve right (the long chord of which bears North 37º 57' 46" West 140.43 feet) 140.67 feet, to the intersection of said Northeasterly margin of Highland Oaks Drive with the easterly margin of Hawkins Lane; thence along said Easterly margin along the arc of a 256.48 foot radius curve right (the long chord of which bears North 2º 34' 54" West 252.76 feet) 264.30 feet, North 26º 56' 23" East 197.33 feet, along the arc of a 113.24 foot radius curve right (the long chord of which bears North 41º 50' 30" East 58.24 feet) 58.91 feet and North 56º 44' 38" East 479.65 feet to a point on the West Boundary of said FIFTH ADDITION TO HIGHLAND OAKS: thence along said West Boundary South 1º 34' 00" East 350.58 Feet to the Southwest Corner of Lot 1, Block 9 of said plat; thence leaving said West Boundary and running South 77º 31' 00" West 31.57 feet; thence South 12º 29' 00" East 60.00 feet; thence North 77º 31' 00" East 20.00 feet to the Northwest corner of said Lot 6, Block 8, FIFTH ADDITION TO HIGHLAND OAKS; thence along the West Boundary of said Lot 6 South 1º 34' 00" West 123.45 feet to the initial point, all in Eugene, Lane County, Oregon. | ||
| + | </ | ||
| + | and to promote the health, safety and welfare of the residents and the unit owners of the above described property and for this purpose to: | ||
| + | * (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Unit Ownership of Woodtique Heights, hereinafter called the Declaration, | ||
| + | * (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; | ||
| + | * %%(c)%% acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; | ||
| + | * (d) borrow money, and with the assent of two-thirds (2/3) of the unit owners, mortgage, pledge, deed in trust, or hypothecate any of all of its real or personal property as security for money borrowed or debts incurred; | ||
| + | * (e) dedicate, sell or transfer all or any part of the general common elements to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the unit owners. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of the unit owners, agreeing to such dedication, sale or transfer; | ||
| + | * (f) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law and the Unit Ownership Law of the State of Oregon by law may now or hereafter have or exercise. | ||
| + | ====ARTICLE V MEMBERSHIP==== | ||
| + | Every person or entity who is a record owner of a fee or undivided fee interest in any unit which is subject by covenants of record to assessment by the Association, | ||
| + | ====ARTICLE VI VOTING RIGHTS==== | ||
| + | The Association shall have one class of voting membership. All unit owners shall be entitled to one vote for each single family unit owned and two votes for each duplex unit owned. There are 48 single family units and 1 duplex unit in the property subject to the jurisdiction of the Association. | ||
| + | ====ARTICLE VII BOARD OF DIRECTORS==== | ||
| + | The affairs of the Association shall be managed by a Board of not less than three (3) nor more than nine (9) Directors, who must be members of the Association (i.e. must be unit owners). The names and addresses of the persons who are to act in the capacity of the directors until the selection of their successors are: | ||
| + | ^Name^Address^ | ||
| + | |Robin E. Jeffs|285 Hamilton Avenue, Palo Alto, Calif. 94301| | ||
| + | |David Waggott|285 Hamilton Avenue, Palo Alto, Calif. 94301| | ||
| + | |Michael J. Safley|941 Pearl Street, Eugene, Oregon 97401| | ||
| + | At the first annual meeting the members shall elect three (3) directors for a term of one (1) year, three (3) directors for a term of three (3) years. At each annual meeting thereafter the members shall elect directors to fill retiring directorships for a term of three (3) years. | ||
| + | ====ARTICLE VIII DISSOLUTION==== | ||
| + | The Association may be dissolved with the assent given in writing and signed by all members of each class of members. Upon dissolution of the Association, | ||
| + | ====ARTICLE IX DURATION==== | ||
| + | The corporation shall exist perpetually. | ||
| + | ====ARTICLE X AMMENDMENTS==== | ||
| + | Amendments of these Articles shall require the assent of seventy five percent (75%) of the entire membership. | ||
| + | ====ARTICLE XI INDEMNIFICATION==== | ||
| + | Each director and officer of the Association shall be indemnified by the Association against all expenses and liabilities, | ||
| + | ====ARTICLE XII BYLAWS==== | ||
| + | The bylaws of the Association shall be those bylaws set forth and recorded simultaneously with the Declaration of Unit Ownership of the subject property and may be altered, amended or rescinded in the manner provided in said Bylaws. \\ | ||
| + | These Articles were adopted on April 20, 1978, at a meeting of the Board of Directors and at the time of adoption of the Restated Articles of Incorporation the amount of stated capital was none; and received the vote of a majority of the Directors in office, there being no members having voting rights in respect thereof. \\ | ||
| + | IN WITNESS WHEREOF, we the undersigned, | ||
| + | DATED this 20th day of April, 1978 | ||
| + | |||