HomeMy WebLinkAboutPlat, Subdivision COUNTY 5/12/2008
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009955082.1lU ~012 i1210010014 05/09/2008 01 :03: 18 eM
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Division of Chief Deputy Clerk
Lane County Deeds and Records
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This document is a
SUBDIVISION
MEYER ESTA'l'ES
Owner: Teri L. Jokinen & Springfield-Eugene Habita~
for Humanitv
Dedicatee: City of Springfield
- - .
Twn. 17S Rng. 2W Sec. 32
LANE COUNTY DEEDS & RECORDS
12 .-Lots
5 - StIckers
7 - Res Numbers
Date Received:
MAY ~ 2 2008
Final Submittal
AFTER RECORDING RETURN TO'
Lane County Surveyor's Office
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After recording return to:
Dean S. Kaufman
142 West 8th Avenue
Eugene, Oregon 97401
Division of ChIef Depuly Clerk ~nno.n~e1~~
Lane Counly Deeds and Records 'UUU U'U "
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00995509200;00261220130132
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DECLARATION Of COVENANTS, CONDITIONS AND RESTRICTIONS
FOR LOTS 1- 10 AND TRACT A, MEYER ESTATES CLUSTER SUBDMSION
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THIS DECLARATION is made this 31:'- day of ~J G\VI L,({..~", , 2008, by
Habitat for Humanity/Springfield-Eugene, an Oregon Non-Profit corporation, hereinafter
referred to as "Declarant," whose business address is p"O" Box 488, Springfield, Oregon
97477.
RECITALS:
1. Declarant is the owner of certain real property in the City of Springfield, County
of Lane, State of Oregon, more particularly described as Lots 1 - 10, inclusive and Tract
A, Meyer Estates, as platted and recorded ;?/?08::.2b,/26
cXfo/d /
2. Declarant desires to provide for the preservation and enhancement of the
property values, desirability, amenities and attractiveness of the Properties and
improvements thereon and to provide for their maintenance" To that end, Declarant
desires to subject the Properties to the covenants, conditions, restrictions, easements,
and liens hereinafter set forth, each and all of which is and are for the benefit of the
Properties and each Owner thereof"
3. Declarant hereby declares that all of the Properties described above, together
with the improvements now existing or to be constructed thereon, shall be held, sold,
conveyed, hypothecated, encumbered, used, occupied, and improved subject to the
following covenants, conditions, restrictions, easements and liens which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of the
Properties. These covenants, conditions, restrictions, easements and liens shall run
with the Properties and be binding on all parties having or acquiring any right, title or
interest in the Properties or any part thereof I their heirs, successors, devisees, grantees
and assigns and shall inure to the benefit of, be imposed upon and pass to the
successor in interest of each and all of said Lots as a servitude in favor of and
enforceable by Declarant, its successors and assigns, and the Owner or Owners of any
Lot"
4. Declarant seeks to create low cost homes for qualified homebuyers in an
environment of hope, dignity, and truly human existence for all persons residing within
the Properties subject to this Declaration"
The qualifications for ownership of these homes include economic need and
participating in a minimum number of hours of service on Declarant's projects as
specified by the rules of the Declarant.
s. This Declaration is a condition precedent to the award of certain grant funds
and/or governmental approvals of Declarant's programs and shall be executed and
recorded in the official land deed records of the jurisdictions in which the property is
located in order to create certain covenants running with the land for the purpose of
enforcement of the affordability requirements of applicable grant programs,
6. Declarant intends to construct TEN (10) affordable residential structures with a
total of TEN (10) Living Units upon the properly subject to this Declaration"
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7. It is contemplated that individual Units within a single structure may be sold to
and held by different qualified owners as defined in Declarant's rules""
8. Declarant desires to provide for the preservation of the values and amenities in
the described development and for the maintenance of common facilities and elements
shard by Unit Owners"
DECLARATIONS:
1. Definitions. When used herein, the following terms shall have the following
meanings:
1.1 "Association" shall mean and refer to Meyer Estates Homeowners
Association, an Oregon non-profit corporation organized under the laws of the State of
Oregon, its successors and assigns"
1.2 "Owner" shall mean the record holder of fee simple title or the holder of
equitable title under a Land Sale Contract of any Unit, including the Declarant with
respect to any unsold Unit. Every Owner shall be treated for all purposes as a single
person for each Unit held, irrespective of whether such ownership is joint, in common,
or as tenancy by the entirety.
1.3 "Properties" shall mean and refer to that certain real property
hereinbefore described in Recital 1 hereof, and such additions thereto as may hereafter
be brought within the jurisdiction of the Association"
1.4 "Common Areal' shall mean all real property and appurtenances thereto,
now or hereafter owned by the Association for the common use and enjoyment of the
Owners and all Common Areas subsequently annexed thereto, The Common Area to be
deeded and owned by the Association is designated "Common Area" on the subdivision
plat of said Properties and any Supplemental Declaration, as platted and recorded at _
2a/'JR-2b/~ Official Records of lane County, Oregon"
1.5 "Lot" shall mean and refer to any separately designated plot of land
shown upon any recorded subdivision map of said Properties with the exception of the
Common Area(s).
1.6 "Improved Lot" shall mean with completed Living Unit thereon,
1.1 "Living Unit" shall mean any portion of any structure intended for use,
occupancy or ownership as residence by one family together with attached or detached
garage as the case may be, and patios, deck, entry porches and steps appurtenant
thereto"
1.8 "Declarant" shall mean and refer to Habitat for Humanlty/Springfield-
Eugene, an Oregon non-profit corporation, its successors and assigns, if such
successors or assigns should acquire unimproved Lots from the Declarant for the
purpose of development.
1.9 "Street" shall mean and refer to the improved private access streets and
roads shown upon any recorded subdivision plat of said Properties"
1.10 "Member" shall mean and refer to every person or entity who holds
membership in the Association.
1.11 "Institutional Holder of a First Mortgage" shall mean a holder of a first
mortgage, trust deed or equivalent security interest in a Lot or improvements thereto, if
such holder is a bank or savings and loan association or established mortgage
company, or any other entity chartered under any Federal or State agency,
Date Received:
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Original Submittal
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1.12 ~~Unit" shall mean the residential dwelling Unit and the parcel on which
that Unit is located, together with all other improvements now or hereafter located on
that parcel.
2. ProDem Riahts.
2.1 Owner's Easements of Eniovment. Every Owner shall have a right and
easement of enjoyment in and to the Common Areas 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 in accordance with its Articles and By-
laws, to borrow money for the purpose of maintaining and improving the Common
Areas, to mortgage said Common Areas for such purposes, and the rights of any
mortgagee in said Properties shall be subordinate to the rights of the Homeowners
hereunder;
(b) The right of the Association to promulgate reasonable rules and
regulations governing such rights of use, from time to time, in the interest of securing
maximum safe usage of Common Areas by the Members of the Association without
unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part
of said property, including, without being limited thereto, rules restricting persons under
or over designated ages from using certain portions of such property during certain
times, and reasonable regulations and restrictions respecting, but not being limited to,
parking, speed and pets; and
(e) 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 {I) an instrument agreeing to such dedication or
transfer signed by lWO-THIRDS (2f3) of Members of the Association has been
recorded, and {Ii) except as to the grant of easements for utilities and similar or related
purposes, all holders of first mortgage liens on any of the lots or improvements thereto
have approved such dedication or transfer"
3. Membership and VotinG Rights.
3.1 General Plan of Develooment. The Declarant has filed a subdivision plat
covering the Properties which is and shall be subject to this Declaration consisting of
lots 1 through 10 and Tract A of Meyer Estates Cluster Subdivision, as platted and
recorded in blide1 ~ , Reception No" ~ - 26/..2. / , Official Records of
lane County, Oregon, together with areas designated as Common Areas or open space"
The lots within the purview of this Declaration are lots 1 through 10 and Tract A,
together with the Common Areas,
3.2 Recorded Ownershio. Every person or entity who is a record Owner of a
fee or undivided fee interest in any Lot which is subject by covenants of record to
assessment by the Association, including contract sellers, shall be a proprietary Member
of the Association, The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation" Membership
shall be appurtenant to and may not be separated from ownership of any Lot or
Improved lot, which is subject to assessment by the Association" Ownership of such
lot shall be the sole qualification for membership and shall automatically commence
upon a person becoming such Owner and shall automatically terminate when such
ownership shall terminate or be transferred"
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4. Maintenance Assessments.
4.1 Creation of the Lien and Personal Obliaation of Assessments" The
Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot or Improved Lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed or other conveyance or agreement for conveyance,
is deemed to covenant and agree to pay to the Association: (i) annual or other regular
periodic assessments or charges as established by the Association from time to time, (ij)
special assessments for capital improvements, and (iii) any other special assessments or
charges as hereinafter provided. Such assessments shall be established and collected
as hereinafter provided.
The annual, regular, and special assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge on the land and shall be a
continuing lien upon the property against which each such assessment is made, Each
such assessment, together with interest, costs and reasonable attorney's fees shall also
be the personal obligation of the person who was the Owner of such property at the
time when the assessments fell due" The obligation for delinquent assessments shall
remain a lien upon the property until paid or foreclosed, and shall be a personal
obligation of successors in the title unless expressly waived by the Association,
At any time that any part of the Common Areas or any other part of said
property or any residential Living Unit or building or improvement located thereon is not
properly maintained and kept in good order and repair by the Association or otherwise,
to the extent reasonably necessary to protect and preserve the appearance and value
thereof and the appearance and value of the remainder of said property, then any
institutional holder of a first mortgage upon any part of said property or Living Unit or
building located thereon, upon giving written notice as hereinafter provided, shall be
entitled to exercise the rights of the mortgagor-owner of such property as a Member of
the Association for a period of ONE (1) year following the date of such notice" During
said period of time, such mortgagees shall be given notice of all regular and special
meetings of the Association, the owner-mortgagor shall receive such notice also and
may attend such meetings as an observer, Said notice shall quote this paragraph and
shall be sent Certified United States Mail, return receipt requested, to the owner-
mortgagor, a copy by regular mail to the Association, at the last known address of
each"
4.2 Puroose of Assessments" The assessments levied by the Association
through its Board of Directors shall be used exclusively to promote the health, safety
and welfare of the Owners in the Properties and in particular for the improvements and
maintenance of the Common Areas and of the Living Units pursuant to this section and
Section 5 below"
4.3 Amount of Annual Assessment" Establishment of Reserve Fund" The
Board of Directors of the Association shall fix the amount of the annual assessments,
and may make adju:>b ..ents thereto that it deems necessary or appropriate, at a level
sufficient to enable it to provide for the improvement, repair, maintenance,
replacement, management and insurance of the Properties and to provide for services
and facilities devoted to such purposes, and shall include adequate reserves for the
general operation of the Association and for deferred maintenance of the Properties,
Said maintenance, repair and replacement is more specifically set forth in Section 5,
and shall be for whatever other purpose(s) the Board of Directors may from time to
time deem to be in the collective interest of the Members"
4.4 Soecial Assessments for Caoital Imorovements. 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 or easements, including fixtures and personal
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property related thereto, the maintenance or repair of private streets, and/or repair of
the living Units and other similar special costs. Said assessments shall have the assent
of TWO-THIRDS (2/3) of the votes of the Members who are voting in person or by
proxy at a meeting duly called for this purpose. This section shall not prohibit the
Board of Directors from authorizing capital expenditures for replacement, repairs or
improvements from funds generated by regular assessments.
4.5 Notice and Ouorum for Anv Action Authorized Under Section 4.4, Written
notice of any meeting called for the purpose of taking any action authorized under
Section 4.4 shall be sent to all Members not less than THIRTY (30) days nor more than
SIXTY (60) days in advance of the meeting" At the first such meeting called, the
presence of Members or of proxies entitled to cast FIFTY-ONE percent (510/0) of all the
votes of the membership 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 preceding meeting" No such subsequent meeting shall be
held more than SIXTY (60) days following the preceding meeting,
4.6 Reserves. At the time of initial conveyance of each Lot, each Owner shall
pay to the Association, in addition to such other assessments and charges as shall then
be due and payable, a reserve in the amount of TWO-TWELFTHS (2/12) of the then
established annual assessment. The reserve, or such part thereof as required, may be
held and applied by the Association as full or partial payment toward such Owner's
delinquent assessments and charges" Such application of an Owner's reserve account
shall not relieve the Owner or release the land of any obligation for the delinquent
assessments or charges"
4.1 Uniform Rate of Assessment" The annual or other regular periodic
assessments and special assessments must be fixed at a uniform rate called the "Basic
Rate;" provided, however, that Declarant shall not be obligated to pay any assessments
for the Lots which Declarant owns until a home has been constructed thereon and an
occupancy permit has been issued in respect thereto" Thereafter, Declarant shall pay
the same assessment for any such Lot as any other Lot Owner" As specified in Section
4,7, said assessments shall be prorated and paid on a monthly basis.
4.8 Date of Commencement of Annual Assessments: Due Dates." The annual
assessments provided for herein as the "Basic Rate" shall commence as to all Lots
except as noted in Section 4"7 on the first day of the month following the conveyance
of the first Lot to an Owner" The first annual assessment shall be adjusted according to
the number of months remaining in the calendar year, The succeeding annual
assessment for all Lots shall be for a full year" The Board of Directors shall fix the
amount and send written notice of the annual assessment( s) to each Owner subject
thereto, The assessment(s) shall be due on the first day of each month, unless
otherwise provided as per Section 4.7 and shall be ONE-TWELFTH (1/12) of the total
yearly assessment. The Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid"
4.9 Effect of Non-Pavment of Assessments: Remedies of the Association."
Any assessment not paid within THIRTY (30) days after the due date shall bear interest
from the due date at the rate of TEN percent (100/0) per annum. The Association may
bring an action at law, with respect to liens upon real property, against the Owner
personally obligated to pay the same, or foreclose the lien against the property" The
sec. ctory of said Association shall file In the office of the Director of Records, County
Clerk, or appropriate recorder of conveyances of Lane County, State of Oregon, a
statement of the amount of any such charges or assessments together with interest as
aforesaid which have become delinquent, and upon payment in full thereof, shall
execute and file a proper release of the lien securing the same" The aggregate amount
of such assessment, together with interest, costs and expenses and a reasonable
attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole
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residence location with respect to which it is fixed and on any improvements thereon,
from the date the notice of delinquency thereof is filed, until the same has been paid or
released as herein provided" The Owner at the time such assessment is incurred shall
also be liable for any deficiency remaining unpaid after any foreclosure sale, 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/her Lot.
4.10 Subordination of the Lien to Mortaaaes, The lien of the assessments
provided for herein shall be subordinate to the lien on 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 lien thereof, shall
extinguish the lien of such assessments as to payments which become due prior to such
sale or transfer, Such unpaid assessment shall be a common expense of all the Lot
Owners, including such purchaser or mortgagees, his/her successors or assigns" No
sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof"
4.11 Exemot Prooertv" The following property subject to this Declaration shall
be exempt from the assessment created herein: (a) all Properties expressly dedicated
to and accepted by a Local public authority including reserved utility easements; and
(b) the Common Areas and all other Properties owned by the Association"
5. Maintenance of Common Areas.
The Association shall reasonably maintain or proVide for the reasonable
'maintenance of the Common Areas, including, but not limited to, trees, shrubs, grass,
landscaped areas, streets, driveways, walks, paths, retaining walls, lights and signs"
Further, the Association shall provide maintenance and repair of all buildings, drains
and building sewers which lie in, on or under the Common Areas or Living Unit
locations, Except to the extent SUCh damage is covered by any type of insurance with a
waiver of subrogation in favor of such Owner, in the event that the need for any such
maintenance, repair or replacement is caused through the willful or negligent act or
omission of the Owner, his/her family; tenant, guests or invitees, the cost of such
maintenance or repairs may, in the discretion of the Directors, be added to and become
a part of the assessment to which such Lot is subject as a lien, and enforceable in the
same manner" Each Owner shall be responsible for maintaining, and keeping in good
order and repair the interior of his/her Living Unit and yard and any fences within lot
lines.
6. Common Maintenance Obliaations.
The following common maintenance obligations shall benefit and be binding
upon the Owner of a parcel as against the Owner of the adjoining parcel of the same
Lot, his/her successors and assigns" It is the intent of the Declarant that the common
maintenance obligations described hereafter constitute a binding and subsisting
covenant and agreement between the Owner of each Unit within a single home/duplex,
However, such covenants and obligations shall not be enforceable by an Owner of a
Unit against the Owner of another Unit when those Owners do not own Units in the
same duplex. It Is the purpose of these common maintenance obligations to enforce
uniformity of appearance, quality of materials and maintenance within an individual
duplex, but not between separate duplexes in the development.
The Owners of Units shall have and perform the following common maintenance
obligations with respect to the adjoining Units:
(a) The roof, exterior siding and exterior trim of the Living Units shall be,
within such categories, constructed of the same material and be of the same color. The
exterior windows shall be of uniform design.
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(b) The exterior of the Living Units shall be painted a uniform color" An
accent paint may be used if the entire Living Unit is accented in a consistent manner.
No more than THREE (3) exterior paint colors shall be used on a single living Unit.
(e) The roof, exterior paint, exterior siding, exterior trim, common fences of
the Living Unit shall be maintained in good condition and repair.
(d) The cost of maintaining such common facilities shall be shared equally by
the Owners of the affected Living Units" If such authorized repairs or maintenance are
paid for by one of the Living Unit Owners, the other Living Unit Owner shall pay his/her
ONE-HALF (1/2) share thereof within TEN (10) days from the date of written demand
for payment and presentation of a written accounting of such expenses" Construction,
repair or maintenance of common facilities shall be authorized if the affected Living Unit
Owners have mutually agreed as follows:
(I) The decision to institute common facility maintenance and repair,
and the decision of who shall perform such work, shall be by mutual agreement of the
affected Living Unit Owners, subject to the requirement that all Living Units, including
the common facilities, be maintained in good condition, repair and overall appearance"
(ii) MateriaJs, colors and designs to be used in construction, repair or
maintenance of any common facility shall be selected by mutual agreement of the
affected Living Unit Owners"
(e) In the event the affected Living Unit Owners cannot agree as to one or
more of such matters involved in common facility construction, repair or maintenance,
such matters shall be decided by arbitration utUizing the services and rules of the
Arbitration Service of Portland. Such arbitration shall be commenced and held in Lane
County, Oregon, and any arbitrator's award may be entered as a judgment in the Lane
County Circuit Court"
(I) The storm water drainage swale shall be maintained by the Association as
provided in the Easement and Maintenance Agreement.
7. Encroachments.
If any portion of a party wall or any other part of a Uving Unit or structure,
including, but not limited to, roof overhangs, entry porches, decks, steps and fireplaces,
now or hereafter constructed by Declarant upon said property encroaches upon any
part of the Common Areas other than those parts of the Common Areas actually used
for publiC sanitary and storm sewers, or upon the Lot or Lots used or designated for use
by another Lot Owner, an easement for the encroachment 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 the present and future Owners of such
encroaching building or structure for the purpose of occupying same; in the event a
structure consisting of more than ONE (1) Living 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 in and upon each Living 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/or replacement; 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"
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8. PartY Walls.
8.1 General Rules of law to Aoolv, Each wall which is built as a part of the
original construction of the living Units upon the Properties and placed on or
Immediately adjacent to the dividing line between the Lots owned by different persons
shall constitute a party wall, and, to the extent not inconsistent with the provisions of
this Section, the general rules of law regarding party walls and liability for property
damage due to the negligence or willful acts of omissions shall apply thereto,
8.2 Sharlna of Reoair and Maintenance" The cost of reasonable repair and
maintenance of a party wall shall be shared equally by the Owners whose Lots abut
such wall.
8.3 Destruction bv Fire or Other Casualtv. 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 larger contributions from the other under any rule
of law regarding liability for negligent or willful acts or omissions" The word "use" as
referred to herein means ownership of a Living Unit or other structure which
Incorporates such wall or any part thereof"
8.4 Weatheroroofina" Notwithstanding any other provisions of this Section, an
Owner shall bear the whole cost of furnishing the necessary protection against the
elements, in addition to any liability for consequential damages, as a result of his/her
family, tenant's, contract purchaser's or other invitees' negligent or willful act which
causes the party wall to be exposed to the elements,
8.5 Riaht to Contribution Runs with Land. The right of any Owner to
contribution from any other Owner under this Section shall be appurtenant to the land
and shall pass to such Owner's successors in title"
8.6 Insurance" To the extent that any loss, damage or destruction to a party
wall and/or the consequences thereof is covered by insurance with waiver of
subrogation in favor of such Owner, there shall be no claim or cause of action for such
loss, damage or destruction against such Owner"
9. Easements.
All conveyances of land situated in the Properties, made by the Declarant and by
all persons claiming by, through, or under the Declarant, 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 traveling by foot or resting or otherwise being therein,
and over, under and 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, ornaments and
statues, lawns, landscaping and planted areas thereon" In the event there is a failure,
or a need to adjust, relocate, or alter the electric underground system, the
Developer/Owner or any subsequent Owner will be responSible for any and aU costs"
The property shall be permanently subject to these restrictions. All of said easements
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shall be for the benefit of all present and future Owners of property subject 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
the Properties is granted and reserved to the Association, its successors and assigns to
the extent reasonably required to perform exterior maintenance and to perform other
maintenance reasonably necessary or advisable to protect or preserve the value of the
Properties and the Living Units thereon"
In addition, an easement over, upon and across all parts of the Common Area is
reserved by the Declarant, its successors and assigns who acquire undeveloped Lots for
development, or who represent public or private utilities, for the purpose of
constructing the project, installing and maintaining utility services or any other
requirements needed in the development of the Declarant's property,
10. Use Restrictions. All Lots shall be used for residential purposes and no
building shall be erected, altered, placed or permitted to remain on any Lot other than a
single family dwelling. No manufactured home or manufactured dwelling shall be
permitted on the Properties, and no recreational vehicle may be used as a residence,
either temporary or permanent, on any part of the Properties,
(a) Easements for access, installation and maintenance of utilities and
drainage facilities are reserved and/or dedicated as shown on the recorded plat.
(b) No structure of a temporary character, trailer, basement, partly finished
house, garage, barn or other outbuilding shall be used on any lot at any time as
residence, either temporary or permanent.
(e) Each yard shall be landscaped not more than SIXTY (60) days after
occupancy, except when occupancy occurs after October 1 and before May 1. All yards
shall be maintained in a neat, clean condition and grass shall be watered and mowed
regularly"
(d) No Owner shall allow any common law nuisance upon that Owner's
property nor engage in any use or practice which is the source of annoyance to other
residents or which interferes with the peaceable possession and proper use of other
Properties by other residents" Each Unit shall be maintained in good repair and over-all
appearance.
(e) No sign of any kind shall be displayed to the public view on any Lot except
ONE (1) professional sign of not more than one square foot, and one sign of not more
than five square feet, advertising the property for sale or rent, both of which signs must
be located not less than lWENTY feet (20') from the front property line,
(f) No animals, livestock or poultry of any kind shall be raised, bred or kept
on any Lot except that a maximum of THREE (3) dogs or THREE (3) cats, or a
combination of cat(s) and dog(s) which totals THREE (3) pets, or a total of THREE (3)
of any other household pets as defined by City Code may be kept, provided they are
not kept, bred or maintained for any commercial purpose, are kept under control, and
do not create offensive or objectionable noise or odor" Any outside animal must be
contained in a kennel or other enclosure" No accumulation of waste will be allowed on
the yard, parking areas, or any Common Area,
Page 9 of 13 - DECLARATION OF COVENANTS, CONomONS AND RESTRICTIONS
CC&Rs Declaration 01-04-08 -attny.doc
(g) All valid laws, zoning ordinances and building restrictions of all
governmental bodies having jurisdiction of the subject property shall be observed and
complied with"
(11) No fence, wall, hedge, shrub or other obstacle shall obstruct the line of
vision between THREE feet (3') and FIVE feet (5') vertical, within Flt-Il:EN feet (15') of
the front lot line, except trees which shall be trimmed of foliage not less than FIVE feet
(5') above the ground" Foliage on young trees not sufficiently tall to trim shall be
excepted. All fences shall comply with City Coder
(i) Trash, garbage or other waste shall be kept in sanitary containers,
emptied at least bi-weekly" All incinerators, garbage cans or other equipment for the
storage or disposal of such materials shall be kept in clean and sanitary location"
Storage of any goods, chattels, merchandise, material, fuel supplies, or machinery shall
be wi~hin the walls of the structure or enclosed by tight fences that screen such
property from sight.
(j) Any home business conducted on the property shall be in accordance with
City regulations and code"
(k) All environmental regulations shall be complied with particularly
concerning disposal of motor oil, paints and other hazardous materials,
(I> Each Owner of a Unit shall maintain, repair, and if needed, replace the
perimeter fence within their property line for so long as the fence is required by the
City,
(m) With the exception of a lender in possession of a Lot following a default in
a first mortgage, foreclosure proceeding or any deed or other arrangement in lieu of
foreclosure, no Owner shall be permitted to rent or lease his/her Unit.
(n) Association Directors will have jurisdiction over activities permitted in the
Common Areas" All disputes, complaints or matters of change in existing or future use
restrictions will be submitted to the Association Directors for arbitration or regulation.
(0) No party wall shall be altered so as to diminish the fire resistance, sound
transmission or structural capabilities of said wall"
(p) Storage of any kind, including, but not limited to, goods, chattels,
merchandise, material, fuel, supplies or maChinery shall be within walls of the Living
Unit, or enclosed by tight fences that completely screen it from sight. There shall be no
storage of material of any kind in the parking areas" Storage under Units shall be
screened from view and kept in a neat and tidy manner. The Board of Directors of the
Association or manager may regulate the nature of items which may be placed in or on
windows, decks, patios, and the outside walls that are visible from other Lots of the
Common Areas, or outside the Properties"
11. Insurance. Damaae. Condemnation.
11.1 It shall be the duty of the Board of Directors as Trustee for the
Association, in its sole discretion, to procure and maintain at all times fire and liability
insurance coverage and to pay the premiums for said insurance from the assessments
previously referred to in Section 4" The policy(les) (hereinafter referred to as the
"policy") is more specifically described below:
(a) The Board shall procure and maintain a policy to insure the
Declarant, the Board of Directors, officers, the managing agent, other employees of the
Association and the Unit Owners against liability to the public or the Owners (of the
Units and of the common elements, and their invitees or tenants) incident to or arising
Page 10 of 13 - DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
CC&R5 Dedaratlon 01-04-08 -attny.doc
.'
out of the ownership and/or use of the property, or operation of contractors of
construction work under a comprehensive general liability form" There shall be an
exclusion from the policy coverage for living Unit Owners (other than as Member of the
Association or Board of Directors) for liability arising out of acts or omissions of such
living Unit Owners and liability incident to the ownership and/or use of the part of the
property as to which such Unit Owner has the exclusive use or occupancy" Limits of
liability under such insurance shall not be less than FIVE HUNDRED THOUSAND dollars
($500,000.00) for ONE (1) person, ONE MIWON dollars ($1,000,000"00) for any ONE
(1) accident, and THREE HUNDRED THOUSAND dollars ($300,000"00) for property
damage" Said policy shall be issued on a comprehensive liability basis and shall provide
cross liability endorsement wherein the rights of named insureds under the policy shall
not be prejudiced as respects his, her, it or their action against another named insured,
11.2 Insurance obtained by the Association shall be governed by the following
provisions:
(a) The Association shall assess the cost of such insurance against
each Owner, on a pro-rata basis, and such assessment shall be a lien and be collectible
and enforceable in the same manner as all assessments provide for herein"
(b) Workers' compensation insurance to the extent necessary to
comply with any applicable laws.
(e) All policies shall be written with the State of Oregon or a company
licensed to do business in the State of Oregon and holding a rating of "Aft or better by
the Best's Insurance Reports current at the time the insurance is written or, prior to the
initial meeting of the Association, one acceptable to Declarant and shall contain
appropriate waivers of subrogation"
(d) All losses under poliCies hereafter in force regarding the property
shall be settled exclusively with the Board of Directors or its authorized representative;
provided, however, that where a first mortgagee has been designated as a loss payee
by a Unit Owner, such mortgagee shall be entitled to settle losses as to the mortgaged
Unit.
(e) Each Living Unit Owner shall be responSible for obtaining, at
his/her expense, insurance covering his/her property not insured under Section 11.1
above unless the Association agrees otherwise.
(f) The Board shall review not less' frequently than annually the
adequacy of its insurance program and secure additional insurance against additional
risks as the Board may deem advisable for the protection of the residential Living Unit
Owners. The Board's conclusions and actions shall be reported to the Members of the
Association" Copies of every policy of insurance procured by the Board shall be
available for inspection by a residential living Unit Owner (or contract purchaser) at the
office of the managing agent. The Board may also procure insurance against such
additional risks as the Board may deem advisable for the protection of the residential
Unit Owners.
11.3 Condemnation of Common Area" In the event that all or any portion of
the Common Area is appropriated as the result of condemnation or threat thereof, the
following rules and guidelines shall apply:
(a) Reoresentation bv Association" The Board of Directors of the
Association shall have the right and duty to represent each of the Owners for the
purpose of negotiating and contesting, if it deems so doing to be necessary or
appropriate, any condemnation award offered by the condemning authority in question
and may authorize expenditures and assessments to retain adequate counselor other
experts for such purposes"
Page 11 of 13 - DECLARATION OF COVENANTS, CONDmONs AND RESTRICTIONS
CC&Rs Declaration 01-04-08 -attny.doc
, '
"
.
v '
(b) Allocation of Condemnation Award, The Board of Directors of the
Association shall allocate and distribute any condemnation award received by it with
respect to the Common Area to the Owners in proportion to the diminishment in fair
market value incurred by them with respect to their respective Lots and improvements
as a result of said condemnation"
(c) Arbitration, In the event of any controversy arising under this
Section, each of the disputing parties shall choose ONE (1) arbitrator and such
arbitrators shall choose ONE (1) additional arbitrator" The THREE (3) arbitrators shall
resolve the' controversy by majority vote and said decision shall be binding upon the
disputing parties; provided, any action or decision of the Board of Directors pursuant to
this Section shall carry a rebuttable presumption of correctness for purposes of said
arbitration proceedings" The disputing parties each shall pay all the fees and expenses
of the arbitrator designated each of them and shall pay equally all fees and expenses of
the third arbitrator, The disputing parties each shall pay their own expenses in
connection with the arbitration"
(d) Retention of Rights" No provisions of this Section 11.4 shall be
construed as negating the right of the individual Owners to such incidental relief as the
law may prOVide as a result of the condemnation of the Common Area,
(e) Notice to Mortoaoee" Holders of first mortgages on any Lot and/or
the improvements thereon shall receive timely written notice of any condemnation or
eminent domain proceeding affecting the Common Areas or any portion thereof,
12. General Provisions.
12.1 Enforcement. All restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions contained in this Declaration
shall bind and inure to the benefit of and be enforceable by any proceeding at law or in
equity, by Declarant, the Association and the Owner or Owners of any portion of said
property and their heirs and assigns, and each of their legal representatives, and failure
by Declarant or by the Association or by any of the property Owners or their legal
representatives, heirs, successors or assigns to enforce any of such conditions,
restrictions, of charges herein contained shall in no event be deemed a waiver of the
right to do so" Upon request, the holders of first mortgages shall be entitled to receive
written notice from the Association of any default in the performance by the Lot
Owner/mortgagee of any obligation under this Declaration or by the By-Laws of the
Association which is not cured within THIRTY (30) days"
In the event suit, action, legal proceeding or arbitration is instituted to
interpret or enforce the terms of this Declaration, the prevailing party shall be entitled
to recover his/her reasonable attorney fees incurred therein at such arbitration, trial and
appeal, with such fees to be determined by the arbitrator or the court" In the event of
arbitration, the losing party shall also pay the reasonable compensation of any
arbitrators therein"
12.2 Severabilitv, Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect,
12.3 Assionment. Any or all rights, powers, and reservations of Declarant
herein contained may be assigned to the Association or to any other corporation or
association which is organized or which may hereafter be organized and which will
assume the duties of Declarant hereunder pertaining to the particular rights, powers
and reservations assigned; and upon any such cOrporation evidencing its intent in
writing to accept such assignment and assume such duties, it shall, to the extent of
such assignment and assume such rights and powers and be subject to the same
Page 12 of 13 - DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS0CeaRs Dedaratlon 01-04-08 -attny.doc
..:
'.
6-
,
t
obligations and duties as are given to and assumed by Declarant herein, All rights of
Declarant hereunder reserved or created shall be held and exercised by Habitat for
Humanity/Springfield-Eugene, so long as it owns any interest in any portion of the
Properties,
12.4 Amendments.
(a) How Prooosed, Amendments to this Declaration shall be proposed
by either a majority of the Board of Directors or by Owners holding THIRTY percent
(300/0) or more of the voting rights" A proposed amendment must be reduced to
writing and shall be included in the notice of any meeting at which action is to be taken
thereon or attached to any request for consent to the amendment.
(b) Aooroval Reaui red " Except as may otherwise be provided In this
Declaration, any of the covenants and restrictions of this Declaration except for the
easements granted above may be amended if such amendment is approved by
SEVENTY-FIVE percent (750/0) of the Members of the Association" Any amendment
which would limit or diminish any special Declarant rights established in this
Declaration, Including the right of the Declarant to annex additional phases, shall
require the written consent of the Declarant.
(c::) Recordation" All amendments shall become effective when reduced
to writing, executed by the appropriate Association officers and recorded in the Official
Records of Lane County, Oregon,
WHEREFORE, this Declaration is executed effective the date first above written"
DECLARANT:
HABITAT FOR HUMANITY/SPRINGFIELD-EUGENE,
an Oregon Non-Profit Corporation
?
By: "-~~ 0 ~-fj, '
Title: ~L.x..z. ",-(-,",,1'-111 "D:{i'.R-d-,x
Sf ATE OF OREGON )
) S5"
County of Lane )
Personally appeared ''iJ:M.. C91'L~\.,V , who being duly sworn (or
affirmed) did say that he/she Is the C)~;.eQ.u~ t)l't'---Q[ .JJJ.-t--- of Habitat for Humanity/
Springfield-Eugene, an Oregon non-profit corporation, 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 dire~ors;
and he/she acknowledged said Instrument to be its voluntary act and deed this :3 J v day
of S (lv\.()()~ , 2008. .
Before m~:
'" ~- GA,/)
Notary Pu~~ tpregon -
OFFICIAL SEAL
SHELLY CORl
NOTARY PUBLIC - OREGON
COWMISSION NO 389269
MY COMMISSION EXPIRES FEBRUARY 2,2009
Page 13 of 13 - DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
CC&Rs Declaration 01-04-08 -attny.doc
After recordmg retuI
Steve and Ten Jokmen
4866 Mam Street
Spnngfield, OR 97478
AJfJj'wA VIT OF CONSENT
BE IT KNOWN BY THESE PRESENT that BRANDT FINANCIAL
SERVICES, INe", is the beneficiary of that Deed of Trust dated March 29, 2006,
recorded March 30, 2006, Reception No" 2006-021710, Official Records of Lane
County, Oregon"
BE IT FURTHER KNOWN that the property described, in said Deed of
Trust, is being subdivided by G" Stephan Jokinen and Teri L. Jokinen"
NOW BE IT FURTHER KNOWN that BRANDT FINANCIAL SERVICES,
INe., Beneficiary, does hereby agree and consent to the platting of the above
referenced subdivision plat"
Dated this ~ 2. day of
~('jLl
. 2006"
~~~;
C~ "'.. CL'.&- ~')
B.J" \ 'r~~dt ,for
BRANDT FINANCIAL SERVICES, INe.
ACKNOWLEDGEMENT: State of Oregon )
)ss
County of Lane )
:{t
.
OFHCIAL SEAL
DONNA M SMITH
NOTARY PUBUC-OREGON
COMMISSION NO 401409
M''l' r.nWMISSION 8~')IRES FEB 4,2010
.._......,........rtJI"r~~..
Personal~ appeared
B .s f5-ra\A..d -I-- Pre s ,
d '
on this ),~~ day of J\I~"/~VlA.b"\.r . 2006 and they acknowledged the
foregoing instrument to be their voluntary act and deed"
the above named
. for Brandt Financial Services, Inc",
,'\ -",
. \ .7 -" n
J-')~}tV\JL Ai, / /~L~ C L..
Notary Public for Qt..eg~~~
My Commission Expires Fe It? 1'1 ,}-Ol 6
Date Received:
MAY 1 2 2008
\Final Submittal
Division of ChIef Deputy Clerk
Lane County Deeds and Records
200~.02D12J
. '1-
00995510200800261230010-0 i6 - . -.
RPR-CNST Cnt=l Stn-_6 05/09/2008 01: 03: 18 PM
CASHIER 07
$5.00 $10.00 $11.00
~.. - ---: - .
$26 . 00
Apr 02 08 11:248
Teri Jokinen
541-726-6721
p" 1
After recording return to:
Ten Jokinen
4866 Main Street
Springfield, OR 97478
Division of Chief ,puty Clerk
Lane County Deeds and Records
1~~~.~lD1l~
1-
009~5511200.012~1240011013
RPR-CNST Cnt=l Stn=6 cAg9{~~/~~8 01 :03: 18 PM
$5.00 $10.00 $11.00
.
.
$26.00
AFFIDAVIT OF CONSENT
BE IT KNOWN BY THESE PRESENT that HOUSEHOLD FINANCE
CORPORATION II, is the beneficiary of that Deed of Trust dated December 27,
2005, recorded December 30,2005, Reception No. 2005-103458, Official Records of
Lane County, Oregon.
BE IT FURTHER KNOWN that the property described, in said need of
Trust, is being subdivided by Ten L. Jokinen. The subdivision name is Meyer
Estates.
NOW BE IT FURTHER KNOWN that HOUSEHOLD FINANCE
CORPORA TION 11, Beneficiary, does hereby agree and consent to the platting of
the above referenced subdivision plat.
~ f.d r--....- - \
Dated tbis " day of' '-\) \2-\ , 2008.
~~,-~~.\~
Athena Davis ,as Branch Manag,.er
for HOUSEHOLD FINANCE CORPORATIO.N II
ACKNOWLEDGEMENT: Stat. of ~ (-r71.1i1
County of ,Iltlli
)
)ss
)
,:
Pea:~onaIly appeared the above named tllk'i'JIl ii/vii , as
"/p'.iJjJ{/J ltlaJ1t14 r/ for Household Fbnance Corporation II on this
( ~ Y day of trY; l' / , 2008 and they acknowledged the
foregoing instrument to be their voluntary act and deed.
/;.!/;J; t/~
Notary Public for Oregon
My Commission Expires
/j..-If-ot
~-_._,,-----,--- .-..---'-----~. -.'.,'. .
J .., --'--"\1
, OFFICIAL SEAL f
RHONDA COLLINS ,
~ NOTARY PUBLIC - OREGON
r ~:OMMISSION NO 385963
~. MY COMMISSION EXPIRES OCT 18.2008
~"'-"'--"'"'...."~ -'-,..., ~';:'...,.., '''''''.~'''''~?--,~.--.., ......ii.::!
Date Received:
MAY 1 2 2008
Final Submittal
RFr.FIVFn APR-n?-?nnR 11 '?7AM
FRnM-~~1 7?~ ~7?1
TO-RAnpt I r 1:11 F,urAnp
PAGF nn 1
After Recordine Ret."'ll To:
Division of Chief Depuly Clerk
Lane Counly Deeds and' - eords
~~~~.~~c1~~
Teri Jokinen
4866 Main Street
Springfield, Oregon 97478
-.----.:r -.---'~' -.----..,--- --------r --- $31.00
009955122008012~1250010019
05/09/2008 01:03:18 PM
RPR-ESMT Cnl=2 Sln=6 CASHIER 07
$5.00 $5.00 $10.00 $11.00
GRANT OF TEMPORARY BLANKET EASEMENT & DEED RESTRICTION
RECITALS
1. Teri L Jokinen is the record owner of Lots 11 and 12, MEYER ESTATES, Reception
No. 2608-26/2,/ , Lane County Oregon Deeds and Records.
2. The City of Springfield, a municipal corporation of the State of Oregon, is responsible
for the approval of the plat of MEYER ESTATES.
3. RESTRICTION: Unless otherwise authorized by the City of Springfield, Lots 11 and
12 of MEYER ESTATES shall not be allowed to take vehicular access via North "A"
Street.
4. There are utility lines serving Lot 11, which cross Lot 12.
BLANKET EASEMENT: Teri L Jokinen does hereby create a temporary blanket
easement across Lot 12, MEYER ESTATES, Any power, water, phone and cable service
that lies in, across or above Lot 12 to service Lot 11 may remain in place until either Lot
11 or 12 is further developed. At that time those utility lines will be placed in either the
public or private utility e~ements provided. Further development is defmed as any
structure that requires a building permit. The easement shall sunset before either (a) a
building permit is final or (b) a certificate of occupancy is issued. The cost of the
relocation of the utilities will be the responsibility of the owner of Lot 12.
, ~ .
- ~--"--- ,.;/0 e; ~'nfZ~
Teri L Jokinerl
STATE OF OREGON)
)ss
County of Lane)
OFFICIAL SEAL
AARON M ZEH
NOTARY PUBLIC. OREGON
COMMISSION NO 420885 .
MY COMMISSION ~RES SEP!3, 20111
...
~
Personally appeared before me the above-named Teri L. Jokinen and ackno~edged the
fore}oing instrument to be her voluntary act and deed this 2- -:; day of
~t~l ,2008. ~ 11/ ~
Date Received: NobJ'y Public for Oregon?
MAY 1 2 2008 My c~mmission expires: ~+ 2.t4 ~~ ~ 2-D 1\
filllal Submittal - .-
,"
j~/ ...
.-. \
After recording return to:
Dean S. Kaufman
Cox & Associates, LLC
142 West 8th Avenue
Eugene, Oregon 97401
Division of Chief Deputy Clerk
Lane County Deeds and Records 1~~~.~lDl1D
~099J13LJ002612j0J0053 -.1 $51.00
RPR-ESMT Cnt=2 Stn=6 cAg~{~~/~0~8 01: 03: 18 PM
$5.00 $25.00 $10.00 $11.00
CROSS-EASEMENTS AND MAINTENANCE AGREEMENT
PARTIES: TER! L. JOKINEN
[Jokinen]
- and -
HABITAT FOR HUMANITY/SPRINGFIELD-EUGENE,
an Oregon non-profit corporation [Habitat]
RECITALS:
1. Habitat is the owner of Lots 1-10, Meyer Estates Cluster Subdivision, as platted
and recorded on 8 ~ 2008, Official Records of Lane County, Oregon, and Jokinen
is the owner of Lots i 1 and 12, Meyer Estates Cluster Subdivision, as platted and
recorded on , &001; Official Records of Lane County, Oregon,
2.00 8'" 2.6/2,/
2. The parties desire by this agreement to provide an operations maintenance plan
for a bio-infiltration and storm water system which shall serve both Habitat and
Jokinen's properties and allocate the cost and responsibility for the maintenance thereof
as provided herein"
3. The bio-infiltration and storm water system [hereafter the swale], as shown on
the plat of the Meyer Estates Cluster Subdivision, is located approximately 7/8 on
property owned by Jokinen, and 1/8 on property owned by Habitat. Eventually it will be
owned by the Meyer Estates Homeowners Association, an Oregon non-profit
corporation, to be created, and Jokinen. Each party desires to grant the other an
easement for the use and utilization of the swale on the terms and conditions proVided
herein. Attached hereto as Exhibit "A," and by this reference incorporated herein is a
legal description of the swale"
AGREEMENTS:
1. The foregoing Recitals are hereby incorporated by reference as if fully set forth
herein and are true,
2. For and in consideration of the mutual promises and covenants contained herein,
Habitat hereby grants and conveys to Jokinen, and Jokinen hereby grants and conveys
to Habitat, a perpetual non-exclusive easement to utilize that portion of the swale on
the grantor's property in conjunction with the grantee's use, as more particularly
described upon the Meyer Estates plat, for the purpose of providing storm water
disposal and bio-infiltration under the standards and guidelines of the City of
Springfield, and as further provided herein"
3. The cost of maintaining and repairing the swale shall be paid as follows:
(a) The Meyer Estates Homeowners Associatio'n [Habitat's successor in
interest]: Am percent (500/0)"
,(b) Jokinen and her successors in interest as ownerS of Lot 11: TWENTY-
FIVE percent (250/0).
Page 1 of 3 - CROSS.EASEMENTS AND MAINTENANCE AGREEMENT
bloswale -Jokmen Easement & Maintenance Agreement 9-27-07.doc
Date Received:
MAY 1 2 2008
Final Submittal -___'_
(e) Jokinen and her successors in interest as' owners of Lot 12: TWENTY-
FIVE percent (250/0)"
4. Attached hereto as Exhibit "B," and by this reference incorporated herein, are
suggested operations and maintenance plans for the swale from the Storm Water
Management Manual and issued by the City of Springfield, Insofar as relevant and
applicable, Habitat and Jokinen shall follow the gUidelines set forth in Exhibit "B" in
maintaining and repairing the swale"
5. In addition to the swale, this agreement shall also apply to relevant storm pipes,
sewer lines and all other infrastructure utilized by the parties for the disposition of
storm water and bio-infiltratlon. Anything to the contrary notwithstanding in ~3,
Habitat shall have the maintenance responsibility only for those pipes and lines which
benefit Lots 1-10 owned by Habitat. Jokinen shall have the sole maintenance
responsibility for those lines servicing Lots 11 and 12" Provided further, that Jokinen
shall have no financial responsibility to maintain the swale, until and unless Lots 11 or
12 have some development activity thereon.
6. This easement and agreement shall be perpetual and shall be binding upon the
heirs, successors and assigns of each of the parties"
1. Each party shall indemnify and hold the other party harmless from any loss,
liability or expense of any kind the other party may incur as a result of a party's
negligence or intentional wrongful act involving or relating to the swale and related
infrastructure.
8. Each party may enter upon the swale at such times as may be reasonably
necessary to repair, replace or maintain the swale or any of its related infrastructure"
The parties shall agree among themselves as to the allocation of such responsibility and
whether or not some or all of such responsibility shall be contracted to a qualified third
party ,
9. Jokinen may, at Jokinen's sole discretion, elect to relocate the outflow pipe from
the swale which bifurcates Lot 12. Such relocation shall be at Jokinen's sole cost and
expense" Any relocated outflow pipe shall be built in such a fashion as to meet all City
of Springfield applicable codes and permitting requirements" In the event of any such
relocation, this easement shall be modified so that all of the terms and conditions
herein, including Habitat's right to access the relocated pipe for maintenance, shall be
applicable to the relocated pipe and easement.
10. The parties shall meet on an as needed basis to decide about necessary
maintenance and related responsibilities for the swale" In the event of a disagreement
between the parties [voting power shall be proportionate to the proportion of the cost
of maintaining and repairing the swale borne by a party], the parties agree to submit
such disagreement to mediation and in the event such mediation is unsuccessful, to
final binding arbitration, with the arbitrator being a mutually acceptable person familiar
with the maintenance and engineering requirements of a system such as that subject to
this agreement. The parties understand and agree that in any such arbitration, there
will not be "a prevailing party," and that each party shall be required to bear their own
attorney's fees and costs.
11. This easement is appurtenant to the real property owned by each grantor
respectively and described above, It shall be perpetual and is granted subject to all
prior easements and encumbrances of record" However, if it is abandoned for a period
of THREE (3) years or more (the easement shall not be considered abandoned until
Jokinen's property is developed and the swale Is utilized, and thereafter "abandoned'1,
Each grantor, their heirs, successors and assigns, will execute such documents as the
other party deems appropriate to terminate the easement. Date Received:
Page 2 of 3 - CROSS-EASEMENTS AND MAINTENANCE AGREEMENT
bloswale -Jokinen Easement & Maintenance Agreement 9-27-07.doc
MAY 1 2 2008
Final Submittal
'"
12. No permanent building or structure shall be erected or placed by either party in
the easement area, Subject to the foregoing limitation, this easement may be used by
either party for any other purpose not inconsistent with this easement, and acceptable
to the City of Springfield"
13. This easement is intended to be a covenant and restriction running with the land,
and shall be recorded in the Official Deed Records of Lane County, Oregon, and such
recording information shall be referenced upon the plat for Meyer Estates Cluster
Subdivision,
T1l-
DATED this.5 (Jay of October, 2007"
HABITAT FOR HUMANITYI
SPRINGFIELD-EUGENE, an
Oregon non-profit corporation
By: ~ b:-A..J
\) ON Q,I~IFF;;.) l'~
Title: <t. .( <2.. <.."'- -\-"v..(. 'D;-- (' /4..--hfV
'-, ..,/
~ '" I./ ;;}, VLJL:1Y CI A~
TERI L. JOKINEN
STATE OF OREGON )
) ss,
County of Lane )
Personally appeared D () ('J (; ~ I P .:; J {I/ . who being duly sworn (or
affirmed) did say that he/she is the ~ l<.. e<-!.<-"\-i've. ul'r, of Habitat for Humanity/Springfield-
Eugene, an Oregon non-profit corporation, 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 he/she
acknowledged said instrument to be its voluntary act and deed this ~ day of October,
2007"
Before me:
OFFICIAL SEAL
SANDY DERRICKSON
NOTARY PUBLIC-OREGON
COMMISSION NO 380012
f\1JY COMMISSION EXPIRES MAY 29,2008
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Notary Public for Oregon
My Commission Expires: ~'5',!r.() 11/ (i ~
STATE OF OREGON )
) ss,
County of Lane )
Personally appeared the above-named TERI L. JOKINEN, and acknowledged the
foregoing instrument to be her voluntary act and deed, this 3:!:Lday of October, 2007,
Before me:
OFFICIAL SEAL
SANDY DERRICKSON
NOTARY PUBLIC-OREGON
COMMiSSION NO 380012
MY COMMISSlor~ EXPIRES MAY 29, 2008
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Notary Public for Oregon
My Commission Expires: <::;' /~4.1 /1C- 6
Date Received:
MAY 1 2 2008
Page 3 of 3 - CROSS-EASEMENTS AND MAINTENANCE AGREEMENT
bloswale -Jokinen Easement & MaIntenance Agreement 9-27-07.doc
Final SUbmittal
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Bio-swale Easement
Beginning at a point on the North line of the A. W. Hammitt Donation Land Claim No.
38, Township 17 South, Range 2 West of the Willamette Meridian, 693.66 feet East of
the Northwest comer of said claim; thence South parallel to the West line of said claim
1216.76 feet, more or less to the North line of the right-of-way of the McKenzie
Highway; thence along said North line of the McKenzie Highway, South 890 44' 00"
East 173.06 feet; thence leaving said North line, North 00 18' 21" East 100.00 feet;
thence North 890 44' 00" West 5.00 feet to the True Point of Beginning; thence North
89044' 00" West 26.70 feet; thence North 00 18' 21" East 165.17 feet; thence South 890
44' 00" East 26.70 feet; thence South 00 18' 21" West 165.17 feet to the True Point of
Beginning in Lane County, Oregon.
Date Received:
MAY 1 2 2008
Final Submittal
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Vegetated. Grassy, and Street Swales
Operations & Maintenance Plan
. SWales are planted or grassed open channels that trap pollutants by filtering and slowing flows, allowing particles to settle
! out. The swale should drain within 48 hours of a storm event. All faclllty components, vegetation, and source controls shall
; be Inspected for proper operations and slruclLiraJ stability, at a minimum, quartooy for the first 2 years from the date of
i instaDation, 2 times per year thereafter, and within 48 hours after each major storm event The facility owner must keep a
i log, recording alllnspectlon dates, observations. and maintenance actIvities. The facility owner must keep a log, recording
: all inspection dates, observations, and maintenance activities The following Items shall be inspected and maintained as
: stated:
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: Swale Inlet (such as cUrb ClitS-Oi--j:iipes)shall maintain a calm flow of water entering the swale.'--------
l · Source of erosion shall be Identlfled and controlled when native soli Is exposed or erosion channels are forming.
1 .. Sediment accumulation shall be hand-removed with minimum damage to vegetation using proper erosion control
: measures. Sediment shaD be removed If It Is more than 4 R thick or so thick as to damage or kIll vegetation.
i, · Inlet shall be cleared when conveyance capacity Is plugged: Sources of sediment and debris shall be
identified and corrected.
, · Rock splaSh pads shall be replenished to prevent erosion.
~ Side Slopes shall be maintained to prevent erosion that introduces sediment Into the swaJe.
! · Slopes shaU be stabnized and planted using appropriate erosion control measures when native soU is exposed or
; erosion channels are forming. _ .
: Swale Medla,shaD aUow stormwaterto percolate uniformly through the landscape swale. If the swale does not drain within
. : 48 hours, It shan be tIRed and replanted according to design speclflcatlons.
; · Annual or semi-annual tilling shaD be Implemented If compaction or clogging continues.
: · Debris In guant~~ that Inhibit operation shaD be ,coHlUied routinely (e.g., no less than quarterly), or upon discovery.
: Swa'e OutJet shaD maintaIn sheet flow of water exiting swale unless a coDectIon drain is used. Sollrce of erosion damage
i shall be identified and controlled when native soU Is e....v.x.d or eroSion channels are to. ;;;;;~.
: · OutletS such as drains and ov~and flow p~ths shaD be cleared when 50% of the conveyance capacity Is plugged.
i · Sources of sediment and debris shaD be identified and corrected.
! Vegetation shaD be healthy and dense enough to provide filtering whDe_protectlng underlyJng soils from erosion.
: Mulch shaD be replenished as needed to ensure survival of vegetation.
i · Vego~lLn, large shrubs or trees that Interfere wlth landscape swale operation shall be pruned.
i . Fallen leaves and debris from deciduous plant foliage shall be removed.
II Grassy swales shaD be mowed to keep grass 4. to 9R In height,
· Nuisance and prohibited vegetation from the Portland Plant Ust (such as blackberries and English Ivy) shall be
removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed
and replaced.
· Dead vegetation and woody-material shall be removed to maintain Jess than 10% of area coverage or when swale
function is Impaired. Vegetation shall be replaced within 3 months, or immedlately if reqUired to maintain cover density I
and control erosion where solis are exPOsed, ~
. SpUl Prevention measures shall be exerclsed when handJing substances that contamlnata stormwater. Releases of I
I poUutants shaD be corrected as soon as identified. .
Tralnlng and/or written guidance Information for operating and maintaining swales shall be provided to all property
owners and tenants. A CODY of the O&M Plan shall be provided to an property owners and tenants.
Access to the swale shall be safe and efficJent Egress and Ingress routes shall be maintained to design standards.
i Roadways shall be maintained to accommodate size and weight of vehicles, If applicable.
ij · Obstacles preventing mai.ntenance personnel and/or equipment access to the swale shall be removed.
I · Gravel or Qround cover shall be added If erosion occurs, e.g., due to vehicular or ~estrlan traffic.
j Insects & Rodents shall not be harbored In the swale. Pest ...""loul measures shaD be taken when insects/rodents are
found to be present
· If sprays are considered, then a mosquito larvlclde, such as Bacillus thurendensls or Altoside formulations can be
. applied only If absolutely necessary, and only by a licensed Individual or contractor.
i . Holes In the pround located in and around the swale shall be filled. .
),.,-".. "" ~ . _...._-,.~-~. _,_ __0.
' If used at thIs sit!J. the folJowfnp wlll be apIJ/lcable:
Check Dams shall control and distribute flow.
· causes for altered water flow shall be Identified, and obstructions cleared upon discovery.
· Causes for channelization shaD be identified and repaired.
D\.......,ULnater Management Manual
Adopted July I, 1999; revised September I, 2004
Page 3-14
EXHIBIT
PAGE
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1.
Date Received:
MAY 1 2 2008
Final Submittal
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After recordmg return ,
Ten Jokmen
4866 Mam Street
Spnngfield, OR 97478
Division of Chief ~ ~uly Clerk
Lane Counly Deeds . Records
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. ,1- $41 .00
~ 1995514200800261270030037 05/09/2008 01: 03: 18 PM
RPR-ESMT Cnl=2 Sln=6 CASHIER 07
$5.00 $15.00 $10.00 $11.00
DECLARATION OF VARIABLE-WIDTH PRIVATE JOINT USE
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
RECITALS
A Declarant TIns Declaration of Joint Use Access and Utihty Easement and Maintenance
Agreement is made by Springfield-Eugene Habitat for Humanity, the owners of the real
property descnbed as MEYER ESTATES, as platted and recorded m Lane County OffiCial
records, and the Access and Utihty Easement as descnbed m Exhibit "A"
B, Purpose. TIns Declaration of Joint Use Access Easement and Maintenance Agreement is
made to specrfically provide for
(1) Access to Lots 1-10 of Said MEYER ESTATES, and
(2) Mamtenance requirements of the Access Easement, and
(3) Responsibihties for all persons who are or who may become parties usmg said easement
WITNESSETH
Now therefore m consideration of the foregoing recitals, which are expressly made a part of this
Declaration of Pnvate Jomt Use Access Easement and Mamtenance Agreement,_the underSigned
hereby declares as follows
(1) Declaration of Access Easement. There is hereby declared, granted, conveyed and created a
perpetual and non-exc1usive easement as a means of mgress and egress to and from Lots 1-10 of
Said MEYER ESTATES It is expressly understood that no nghts outside the Access Easement are
prOVided
(2) Extent: The easement created by tlus declaratron are not personal or m gross but are
apl}urtenant to each said Lot.
(3) Duration of Covenants Bmdmg or Successors and ASSigns The easement created by thiS
declaration shall be permanent and perpetual and shall constitute covenants runmng With the land
and shall be bmding on and inure to the benefit of all heirs, successors and asstgllS of Lots 1-10 of
said MEYER ESTATES, .
(4) ExclUSive The Pnvate Access Easement provided herem shall be exclUSive to owners, heirs,
successors and aSSigns (and their guests) of Lots 1-10 of said MEYER ESTATES or any portiOn
thereof and each shall be entitled to use the Access Easement for the velucular and pedestnan
access purposes for wluch it is proVided.
Date Received:
MAY 1 2 2008
Final Submittal
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(5) Mamtenance Any property owner of Lots 1-10 of saId MEYER ESTATES may cause the
Access Easement nght of way or any portiOn thereof to be mamtamed or repaIred The party
causmg saId rnamtenance or repaIr to be done shall pay for such work, and other property owners
of Lots 1-10 of saId MEYER ESTATES usmg the Access Easement shall be hable for
contnbutiOn based on that party's relatIve use proportiOnal to the total roadway use TIns payment
shall be made m a tImely manner, not to exceed 30 days, from the date of receIpt of proof of
expense
(6) Taxes' Real property taxes shall be paId by the owners of the property upon which the
easement IS located
(7) Indemmficanon Each party shall mdemmfy and save any other of the partIes harmless from
any hablhty, loss or expenses resultIng from that partIes agents and employees, any independent
contractor lured by that party, and that partIes pernutees, mVltees, hcensees and guests unless that
Injury IS caused ill part by any of the other partIes' faIlure to contribute to the expenses of
mamtenance of the Access Easement
(8) Further Documents In the event that any further grants or easements are requrred to document
and effectuate the easement created herem for Lots 1-10 of SaId MEYER ESTATES or portIOn
thereof, Grantors each represent that each wIll execute SaId grants of easements
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Don Griffin, DirehQ,r for
Springfield-Eugene Habitat for Humanity
(; '2. 1 <0 f-
Date
State of Oregon)
)ss
County of Lane )
My Commission Expires:
L{-'w.tJq
B~:.:......';.-~'-"- ~'-~....-
OFFICIAL SEAL
S PEIRCEY
NOTARY PUBLIC - OREGON
COMMISSION NO 391436
__~ COMlMSSION EXARES APRIL IL J
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Date Received:
MAY 1 2 2008
Final Submittal
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Exhibit "A"
Easement Descriotion:
Beginning at a point on the North line of the A.W. Hammitt Donation Land Claim No.
38, Township 17 South, Range 2 West of the Willamette Meridian, 693,66 feet East of
the Northwest comer of said claim; thence South parallel to the West line of said claim
1216.76 feet to the North line of the right-of-way of the McKenzie Highway; thence
South 890 44' 00" East along said highway 173.06 feet; thence North 00 18' 21" East
305.89 feet to the True Point of Beginning; thence South 890 56' 36" West 10.00 feet;
thence along the arc of a 18.00 foot radius curve to the left, the chord of which bears
South 490 40' 37" west 23.27 feet, a distance of 25.30 feet; thence North 890 54' 50"
West 23.00 feet; thence North 0005' 10" East 47.77 feet; thence North 890 54' 20" West
119.74 feet; thence North 00 18' 05" East 26.80 feet; thence South 890 54' 20" East
138.24 feet; thence South 470 47' 18" East 43.47 feet; thence South 00 18' 21" West
30.30 feet to the True Point of Beginning in Lane County, Oregon.
Date Received:
MAY ~ 2 2008
Final Submittal
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