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After Recording Return to:
Bruce Wiechert Custom Homes, Inc.
3073 SKYVIEW LANE
EUGENE, OREGON 97405
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE RESERVE AT WALNUT GROVE
(Lots 1 through 19)
THIS DECLARATION made on the date hereinafter set forth by Bruce Wicchert Custom
Homes, Inc., hereinafter referred to as "Declarant'.
Witnesseth
Declarant is the owner of the property known as THE RESERVE AT WALNUT
GROVE in Lane County, Oregon and more particularly described in Exhibit "A" attached hereto
and made a part hereof by this reference.
II.
Declarant deems it desirable in furtherance of the purposes set out herein to establish
these covenants and restrictions which shall apply to all real property contained in the
development.
Ill.
THE RESERVE AT WALNUT GROVE is a subdivision proposed for that real property
more particularly described in Exhibit "A" attached hereto and by this reference made a part
hereof,
NOW THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants and conditions, which are for the purpose of protecting the value and desirability of,
and which shall ran with, the real property and be binding on all parties having any right, title or
interest in the described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE 1
Definitions
Section 1 — "Owner": Shall mean and refer to the record owner, including contract
purchasers, whether one or more persons or entities, of the fee simple title to any lot which is
part of the properties, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 2 — "Properties": Shall mean and refer to that certain real property hereinbefore
described.
Section 3 —"Lot": Shall mean and refer to any plot of land shown on any recorded
subdivision map of the properties.
ARTICLE II
Use and Maintenance Restrictions
Sectionl-Residential Use: Except as set forth below all lots as shown on the plat
of THE RESERVE AT WALNUT GROVE shall be used only for private residential purposes
and no trade, business or profession shall be conducted or practiced thereon.
Only one private, single family dwelling, not exceeding two stories in height, together
with the customary outbuildings (See Article IV, Section 7 regarding storage sheds) including a
private garage for not less than two (2) cars or more than four (4) cars (which may be
incorporated into the main residence) shall be erected or maintained on any lot. No carports shall
be allowed.
All structures in said subdivision shall be constructed of entirely new materials, and shall
be constructed entirely on site. Exterior walls may be framed and sided off site.
Section 2 -Animals: no kennel, aviary containing more than five birds, dairy, stable, barn,
hutch or warren shall be erected or maintained on any residential lot, nor shall dogs, cats, birds,
horses, cows, poultry, rabbits or other domestic animals or fowl be kept thereon, except this
restriction shall not be construed to prohibit ordinary household pets which do not constitute any
annoyance or nuisance to the neighborhood.
Section 3 — Stormwater Maintenance: The City of Springfield provides operational
maintenance only for stormwater detention ponds that drain water from public rights-of-way or
other property. Maintenance performed in these areas is limited to functionality in order to
ensure a properly working stormwater system. The City docs not provide aesthetic maintenance
for stormwater treatment facilities. Any additional maintenance or enhancement desired by the
developer or residents of the subdivision can be provided by that party at no cost or obligation to
the City, and shall be coordinated through the City of Springfield's Development & Public
Works Department.
Section 4 -Nuisance: No noxious or offensive trade or activity shall be carried upon any
lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
Section 5 -Signs: Unless written approval is first obtained from the Developer, no sign of
any kind shall be displayed to the public from any residential lot, except 1) professional sign of
not more than 23"X36" advertising the lot for sale or signs used by the developer to advertise the
lot during construction or sale period. During construction of the residence, the general
contractor may display signdge consistent with these covenants and Springfield City Sign Code.
Section 6- Temporary Buildings: No trailer, basement, shack, tent, garage, barn or other
outbuilding erected in the subdivision shall at any time be used as a residence temporarily, or
permanently, nor shall any structure of a temporary character be used as a residence.
Section 7- Drainage: Each owner, their heirs, successors and assigns of a lot in said
subdivision agree that they will not in any way interfere with the established drainage over their
lot and that they will make adequate provisions for property drainage for the benefit of all
affected lots. For the purpose hereof, "established drainage is defined as the drainage which
occurred at the time the overall grading of said subdivision was completed by the undersigned
Declarant"
Section 8 -Refuse: NO LOTS SIIALL BE USED OR MAINTAINED AS A DUMPING
GROUND FOR REFUSE:. Trash, garbage and other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material as
prescribed by ordinance shall be kept in a clean and sanitary candid on. During the period of
construction and development of the plat, this provision will not apply to the Declarant. Storage
of any kind of goods, chattels, merchandise, material, fuel, supplies, or machinery shall be within
walls of the building or enclosed by tight fences that completely screen it from sight.
Section 9 -Vehicle Parking: These covenants hereby include a restriction on overnight
parking on the dedicated streets within the subdivision. All unsightly or inoperable vehicles shall
be removed from the streets and open parking areas and parked in appropriate areas so as not to
hinder the overall beauty of the area. All boats, trailers, and R,V,'s shall be stored in an
appropriate area behind a screen or fence no closer to the street than the front of the garage.
Section 10-1,andscaping: Yards shall be landscaped not more than 45 days after final
inspection except when occupancy occurs after October 1, and before May 1. Yards of
residences ready for occupancy during inclement weather shall be landscaped not more than 45
days after May 1. Yards shall be maintained in a neat and clean condition and grass shall be
watered and cut regularly.
Section 11 -Heating and Air Conditioning: window mounted air conditioners shall not be
allowed.
Section 12 -Partition: No lot may be partitioned or subdivided after sale or conveyance by
the Declarant.
Section 13 -Utilities and Utility Easements: Easements and right-of-ways for installation
and maintenance of utilities, facilities, and signage, are shown on the recorded plat.
Section 14-Satelite Dishes and Antennas: It is the intention of the Declarant to provide
underground facilities for electric power, natural gas, telephone lines and television cable.
Subsequent to the time such facilities are completed no external television, satellite dishes, radio
or other antennae or clotheslines or other similar structures may be erected on any location.
Satellite dishes with a diameter of no more than 30 inches will be allowed.
Section 15 -Placement of Utilities: Declarant discloses to all lot owners that the placement
of all utility lines and equipment, including meters, hydrants, conduit and piping, is up to the sole
discretion of the utility installing such equipment, and that placement may not be centered within
casements, or on lot corners or boundaries. Lot owners are advised that they cannot rely on
placement of such equipment to delineate boundaries of lots or easements.
Section 16 -Use of Chemical Pesticides: The use of chemical pesticides hazardous to
humans or other animal life must be kept to a minimum consistent with good husbandry of
domesticated plants and animals, and then used only in accordance with instructions on the
labels and with current recommendations of state health and agriculture departments,
Pesticides are to be applied only by methods and at times that will prevent their affecting
vegetation or animal life outside the property owner's boundaries. Special precautions must be
taken when dealing with chemicals that caution of "Environmental Hazards" on the label.
The following substances shall not be used:
.Arsenic, mercury, lead, and their compounds.
.Chlorinated hydrocarbons such as DDT, dieldrin, endrine, aldrin, BHC or
lindane, chlordane, mirex, dicofol, dinocap, and taxophene.
.Organic phosphates such as parathion, TEPP, dimethoate, and demeton.
.Carbamates such as carbaryl (Sevin) and methyl carbamates.
.Herbicides containing amitrole, 2,4-D, 2,4,5-T, and PCP.
.Fungicides containing captan, PCP and PCNA, and organic mercury compounds
such as PMA
The following substances are generally low hazard to humans and most wildlife and may
be used without special permission. They should be applied carefully, however, and only to the
extent really needed.
1. Botanical sprays and dustsPyrethrum, available as D -Con House and Garden
Spray, Raid I -louse and Garden Spray, Ortho Home and Garden Insect Spray; Ryania,
available as B,D. Tree Spray, Tri -Excel Ds.
2. Fungicides Wettable sulfur.
3. Oil spraysDormant oil, available as Scalecide; Summer oil, available as Ortho
Volck, Sunoco Summer Oil.
4. Biological controls—Milky spore disease, for grubs in soil, available as Doom;
Bacillus huringiensis, for caterpillars, available as Thuricide or Biotrol; Predatory
insects, such as ladybugs, praying mamids, Trichogramma wasps, and others.
5. Other acceptable materials for restricted useMalathion, metboxychlor; Warfarin for
rats and mice.
ARTICLE III
Requirements and Criteria
Section 1 -Height: All buildings shall be one story, two story or split level. No basements
allowed.
Section 2 Square Footage: No dwelling shall be erected or maintained on any lot unless
it contains at least 1,200 square feet of living space exclusive of garage, open porches, patios, or
breezeways or any building structure or Boor which is other than a part of the principal
residential structure. Notwithstanding anything to the contrary herein, the square foot
requirements may be waived or decreased with the written approval of the Declarant where the
size or location of the lot warrants consideration thereof by the Declarant.
Section 3 -Siding: All elevations of homes are to have double-wall construction with lap
siding on all walls facing a street, other than homes featuring craftsman styling which may utilize
board and batt and or shingles. All other walls may be single-wall construction with panels and 1
x 2 balls spaced every 16" on center.
Section 4 -Exterior Colors, Windows: All exterior paint colors and stains must be
approved by the Declarant PRIOR TO INSTALLATION. All windows shall be vinyl or painted
wood.
Section 5- Fencing: All fencing (including gates) except as otherwise set forth herein,
shall be designed to be 6 feet tall with vertical 1 x 6 cedar boards and 4" x 4" treated posts,
maximum 8 -foot sections. Fences and gates shall be all wood and treated only with natural
preservatives (no paint), No fence or gate shall protrude past the front of the residence.
Section 6 -Maintenance During Construction: During construction, the lot owner shall be
responsible for keeping all streets and sidewalks in a neat and clean conditions, and shall not
allow any dangerous conditions left unattended on his or her property.
Section 7- Storage Sheds: All storage sheds shall not exceed 12' x 12' or 144 square feet.
Such storage sheds must meet all current City of Springfield building codes then in effect and be
approved by the City of Springfield. Roof pitch (6/12), siding, and color of storage shed must be
the same as the residential building. Maximrun inside wall height shall not exceed 8' in height.
Section 8 -Waiver: The Declarant shall have the sole, exclusive, and absolute right in its
discretion to waive, in whole or in part, any provision, covenant, condition, restriction or
reservation herein.
ARTICLE IV
General Provisions
Section 1 -Enforcement: Any affected Owner of a lot in the subdivision shall have full
rights to enforce the covenants, conditions and restrictions contained herein. No failure to
prosecute any person for any violation or attempted violation shall be deemed a waiver of a right
to enforce any such violations by the same person or other persons. The prevailing party shall be
entitled to recover costs and a reasonable attorney's fees, both trial and appellate, in any such
proceeding.
Section 2 -Conflict: In the case of conflict between these restrictions and any zoning
ordinance of any governmental body, the more restrictive shall prevail.
Section 3 -Severability: Invalidation of any part of the restrictions shall in no way affect
the remaining restrictions.
Section 4 -Binding Effect: The provisions herein shall be binding upon and inure to the
benefit of the successors, heirs, and assigns of the owners and all lot purchasers, users and
owners.
Section 5 -Time: This Declaration shall run for the benefit of each of the lots affected and
shall control the use of the lots for a period of twenty (20) years form the date the declaration is
recorded, after which time they shall automatically be extended for successive periods of ten (10)
years.
Section 6 -Amendment: Except as specifically set forth herein, this Declaration may be
amended by an instrument signed by the owners of not less than 75% of the lots of the
subdivision. Upon execution, the instrument shall be recorded in the Official Records of Lane
County, Oregon.
IN WITNESS WHERE OF, Declarant has executed this instrument on the 271"t day of
_:;ya njAdtr,7 ,2020
BRUCE WIE.CHE STOM HOMES, INC.
BY: BRUCE WIECHERT, PRESIDENT
State of Oregon )
)ss
County of Lane )
�L
This day of (�,n�.lav✓� 2020, Personally appeared the above named
BRUCE WIECHERT, PRESI NT of Bruce Wiechert Custom Homes, Inc. and acknowledged
the foregoing instrument to be the voluntary act and deed of said corporation.
Before Me: �/�y ��
nd / Y`"' T� Notary Public for Oregon
My Commrss Expires: 3hz /W 21
OFFICIAL STAMP
1MYCO
BRITTANY ANNE MCCOLM
NOTA
RV PUBLIC -OREGON
COMMISSION NO. 960336
MMISSION EXP
IHES MARCH
20, 2021
EXHIBIT A
LOTS 1 — 19 OF THE RESERVE AT WALNUT GROVE as recorded on
as Instrument No. , Lane
County Oregon Deeds and Records, also recorded as County Survey File (CSF) No.
, Lane County Surveyors Office, in Lane County, Oregon