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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 N : \crTY\ Plvorks \GENERAL\r,Lr to xnights . wpd