HomeMy WebLinkAboutMiscellaneous Correspondence 2002-07-1222St grdsr?(f
CITYATTORNEY'S OFFICE
,Ju1y L2, 2002
Duane and Su Xnights
]-233 IrOOp
oR 97477ieId,
Violation of Declaration of Protective Covenants, Conditions
and Restrictions for Ambleside Meadows Subdivision,
Springfield, Irane County Oregon; Violation of Special
Conditions for Fi11 Permit No. 74947, Issued by the Oivision
of State Land.s; Violation of Nationwide permit L426, Issued
by the Department of the Army, PorLland District Corp of
Enoineers
This office represents the City of Springfield. It is our
understanding that you are the owner of Lot 26, Ambleside
Meadows, filed December 29, l-998 in File 75, Slide 750, Surveyors
office Lane CountY Oregon.
Lot 26 is subject to the Declaration of Protective Covenants,
Conditions and Restrictions for Ambleside Meadows Subdivision
filed December 29, 1998, Reception No. 98L03599, Reel No. 2499R,
IJane County Special Records, I-rane County Oregon.
your attention is directed to Article VIII "Additional Easements
and Wetlands," Section 5, "specific Restrictions Related to
Wetlands Protection, Easement" Section A establishes a protective
25 foot buffer on Lot 25 through 34 adjacent to the wetland
boundary which was shown on your p1at. The buffer area is shown
on the p1at. The buffer area has also been staked on your
property.
Subsection (a) (Z) requires that lot owners maint,ain t,he buffer
area in its natural state with natural un-mowed vegetation. This
has not occurred. Your development of the property is impacting
the buffer area contrary to the requirements of the Protective
Covenants, Conditions and Restrictions.
SUITE D, 223 ASTREET
SPRINGFIELD, OR 97477
(s41) 746-e621
FAX (541) 746-410e
RE
Duane and Susan E. Ihights
July 1-2, 2OO2
Page 2
Subsection 5 (d) (c) provides that restrictions for buffer areas
are enforceable by the Corp of Engineers, the Division of State
I-,ands, the City of Springfield, the Homeowners Association and
the owners of any lots thaL include the respective buffer areas.
In the event of a court proceeding for enforcement of these
restrictions, the losing party shal1 pay the attorneys fees of
the prevailing party or parties at trial, oD appeal or petition
for review and in enforcing or collecting any judgment, in such
reasonable amount as sha11 be fixed by the court in such
proceedings or in a separate action brought for that purpose.
The Declaration of Covenants, Conditions and Restrictions was
written to implement the requirements for the special conditions
for FiIl permit No. 74947 which you received from the Division of
State Land. Your attention is directed to Special Conditions No.
5 and. 6 of that Fi1l Permit. The Covenants, Conditions and
Restrictions were also written to implement Nationwide Permit
1,426 which you received from the Corps of Engineers. P1ease see..Qualifications Conditions" No. L7 and "Implementation Condition"
Nos. !,3, 6 & 9 of that Nationwide Permit.
I am sending copies of each of these documents, along with this
letter, for your review. Copies of this letter are also being
sent to Breadner, Parker and Associates, 2046 NW Marshal1,
Portland., Oregon 97209, the developer of Ambleside Subdivision,
and ,Jay R . Lorenz , 4435 N. W. West,view, PI-, No . I , Corvallis,
Oregon 97330, developer's agent, so they are each informed on
this matter.
Please take whatever action is necessary to immediately cease
your unauthorized activities. Please contact MeI oberst,
Planning Supervisor, 225 Fifth Street, Springfield, Oregon 97447,
541-726-3783 at the City of Springfield Development Services
Division to undertake whatever action is necessary to bring your
activities on Lot 26 to compliance.
It is my understanding that the City of Springfield Building
official may be issuing a Stop Work Order until this matter can
be sorted out and you undertake appropriate actions and measures
to commence compliance.
Duane and Susan E. Knights
July 12, 2002
Page 3
A1so, please be informed that it is my understanding that the
City of Springfield Development Services Oivision will be
bringing to the attention of the Federal Corps of Engineers and
the Division of State l-,ands your conduct on this property.
Sincerely,
HAROI,D LEAHY & KIERAN
(s)fzor.\) L*,..1
iloseph iI. LeahY
,f,fl,:11k
Enclosure
cc: Me1 Oberst
Susie Smith
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