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HomeMy WebLinkAboutApplication APPLICANT 7/16/2008 City of Springfield Development Services Department 225 Fifth Street Spnngfield, OR 97477 l Date Received I ,. JUl 1 6 2008 Onglnal Submittal Land Division Plat Partition, SubdiviSion Phone: 541-729-0299 Poage Engineering & SurveVlng Fax: 541-485-5624 1 j j \ 1 1 j 1 Applicant Name: John Nepute Icompany: [Address: IAPpllcant's Reo.: Michael J Kaiser [company: IAddress: , ~ -~ ~ [property Owner: Same as applicant Icompanv: [Address: , [ASSESSOR'S MAP NO: 17033422 lTAX LOT NO(S): 800 & 7400 [property Address: 1540 Kellogg Rd Spnn(lfield, OR 97477 ISlze of Property: 1 1 Acres t)('] Square Feet 0 [proposed Name of SubdiVISion: River Grove SubdlYISIOn (formerlv Nepute Acres) I Description of If you are fllhng In this form by hand, please attach .your proposal deSCription to this application Proposal: SubdiVIde property Into 5 lots for Single famIlv residential use [Existing Use: vacant/residential [ Tentative Case #: 2007-00064 # of Lots/Parcels: 5 !Avg. Lot/Parcel Size: 8750 sf !oensit"/: 50 du/acre nand rlnt our name and date In the a ro rlate box on the next Fax: 1491 Wlmbledon PI, Springfield, OR 97477 Phone: 541,485,4505 POBox 2527, Eugene, OR 97402 Phone: Fax: ASSOCiated Applications: Pre-Sub Case No.: fRE2ong- OOO:;"'?; Date:, Reviewed b',: Case No :~Jf!)..Dot --"(1)2..4 Date: (1IlI/a Reviewed by: ctJ /Ail~, !APPllcation ~ee: $ _~I tJ J-DO ' [Technical Fee; $ . 157 - /0 I Postage Fee: $0 I !-OTA!;,~~~_~:.!3251ij D _ J ~~~!~~:!;~~:~~!~l!k[,2{QI:Q;Qd I ReVised 1/1/08 Molly Markanan 1016 Owner Signatures This applIcation form IS used for both the requIred pre'submlttal meeting and subsequent complete applIcation submittal Owner signatures are reqUired at both stages In the applIcation process An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the Information In this application IS correct and accurate for scheduling of the Pre- Submittal Meetmg Owner: Date: Signature Print . Submittal I represent this application to be complete for submittal to the City Consistent wIth the completeness check performed on this application at the Pre-Submittal Meetmg, I affirm the Information Identified by the City as necessary for processing the application 15 provided herem or the Information will not be provided If not otherwise contained wlthm the submittal, and the City may begm processmg the application wIth the mformatlon as submitted This statement serves as written notice pursuant to the requirements of ORS 227 178 pertaining to a complete application Owner: Sign,~tf John CZte Print Date: 7/15/2008 Date Received. JUL 1 6 2008 Original submittal ReVised 1/1/08 Molly Markanan 2 of 6 225 FIfth Street Sprmgfield, Oregon 97477 541-726-3759 Phone (' "v of Sprmgfield OffiCIal ReceIpt .. Aelopment ServIces Department PublIc Works Department RECEIPT #, 2200800000000001093 Date: 07/16/2008 II II OIAM Job/Journal Number SUB2008-00034 SUB2008-00034 DescriptIOn C fV Subd >LDR Base +476 Lot + 5% Technology ree Payments Type of Payment CredIlCard PaId By JOHN NEPUTE Item Total <":heck Number AuthorizatIOn Received By Batch Number Number How Received emm 04014c In Person Payment Total Amount Due 3,14200 15710 $3,299 10 Amount Paid $3,299 10 $3,299 10 Date Rfiotlved: JUL 1 6 2008 Onglnal submittal cRecemtl Page I of I 7/16/2008 CITY OF SPRINGFIELD VICINITY MAP SUB2008-00034 1540 Kellogg Road [i I :E1 ~ '~ tl ~ SITE Map 17-03-34-22 Tax Lot 800 North .. bate Received: JUl 1 6 2008 Original Submittal ~~ 'val @ l For Final Plat Sublnission/Transmitt F or Final Plat Submission/Transmittal Name of Plat: River Grove Subdivision (to planning) I haye checked through submItted documents, and the followmg haye been submitted d >1ylar of plat (and bond copy for Planlllng) r;:()2) Deyelopment RestnctIon DeclaratIons Date Received: [g" ~C&R's (wIth creatIon of access easement w1thlll) r;:( .J2urrent TItle Report JUl I 6 2008 trY A copy of each of the prevIOus for Planmng " Onglnal Submittal These documents are the only ones the Survey DIvIsIOn reqUIres for the Fmal Plat submISSIOn and filIng 3m'?} -lJL~cO City InstructIOns ThiS form I~ to accompany the plat and the bupportmg documents to the Public Works Department of the City of Spnngfield at the tllnc of final plat SUbllllttdl The purpo~c IS primarily to notIfy the planmng office that the Surveymg DIVISIOn hab received all the doc..umt.nb It reqUIres tor final pldt bubmltta\ County InstructIOns ThiS form 1" to au..ompany the pldt dnd the supportmg doc..umt.nt<; to the Lane County Surveyor's Office at the tllnc of final submittal for rcc...ordmg The purpo<;e 1<; pnmanly to notify that office of whlLh Items need to be rLLOrdcd slmultanLOu~ly WIth the plat, but It also ...erves to rcmmd the developerh,urveyor that these documents need to be mcludt....d m the find I ...ubmlttal package to the County Surveyor V \SURVEy\Plat Drawmg,>\Cogo'd Drawings & LtJters\Subdlvlslons_onplat 808_& n.vlew comments\RlverGrovl\plat submittal transmittal doc Division of Chief De'> Cl.,.k 2001-001044 lane Counly Deeds and K8Cords 1111111111 I 11II1\111 11111111111 II 111111111\111111 $31 00 00873598200708010440020023 01/05/2007 02 23 56 Pl1 RPR-DEED Cnt=1 stn=9 CASHIER D4 $10 00 $11 00 $10 00 RETURN TO CASCADE TI1li CD - -<'=r.: CASCADE TlTl.E CO TITLE NO 0253036 ryvD ESCROW NO EU06-3206 TAX ACCT NO 0298636 TAX ACCT NO 1611639 MAPffAX LOT NO 17 0334 22 #800 MAPffAX LOT NO 17 03 34 2 2#7400 , WARRANTY DEED - STATUTORY FORM SHARON A FAGIN also knoWD as SHARON FAGIN, Grantor, conveys and warrants to JOHN NEPUTE, Gnmtee, the followtng descnbed real property free of encumbrances except as specIfically set forth herem SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REF[RENCE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.351 THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRmED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND R~GULATlONS BEFORE SIGNING OR ACCEPTING TH[S INSTRUMENT, THE PERSON ACQU[RING FEE TITLF TO THI<.. PROPERTY SHOULD CHECK WITH 1 HF APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VER[FY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST foARMING OR FaRES[ PRACTICES AS DHINED IN 0R.'l30 930 AND TO INQUIRE ABOUT THE RIGHTS OF NE[GHBORING PROPERTY OWNERS, [I' ANY, UNDFR ORS 197 352 Except the follOWing encumbrances Covenants, ConditIons, Resblctlons, Easements and RIghts of Way of record Ifany The true conSideratIon for thiS conveyance IS $450,000 00 DatedlhlS L\~ dayof ~/'{'^ 1 [~~.~ ~~()' rr--r-.. C~-~ A'FAGl'N - --(J' State of Oregon CounlY of LANE (i) OFFlOAl.SEAl MELIlI5A BUTTERFIELD - NOTAAY PUBlIC OREGQH COMMISSION NO :196222 M'fCOIINlSStONEXPIRESSEPTEMBffi16.2\Xl9 JC\~ 4- ~~ (NotaJ}\Plbllc for Oregon) My commiSSIOn W"PIreS q n" ()Q ThIs Instrument was acknowledged before me on SHARON A FAGIN POBOX 71335 EUGENE OR 97401 GRANTOR'S NAME AND ADDRESS JOHN NEPUTE ~l LI".."bIPol"" PI "f. ~f{'~.f,~(~ (l,(,07"7, NT S NAM~ Aim ADDRESS WRD ,2007 by SHARON A FAGIN Dnlll a change IS requested all tax statements shall be sent to the followlllg address ...SAMh AS GRANTEE... After recordmg return to CASCADE TITLE CO 811 WILLAMETTE EUGENE OR 97401 Date Received: JUL 1 6 2008 Onglnal Submlttfll , I I , , , , , , '- .' Order No page... 4 , ~ 0253036 .~ PROPERTY DESCRIPTION PARCEL 1 That port~on of the follow~ng descrlbed property lYlng North of the North llne of Kellogg Road, lYlng South of the South lot lInes of Lots 13 and 14, OAK TREE SUBDIYISION, as platted and recorded ,n Plle 73. Slldes 781 and 782. Lane County Oregon Plat Records, and lYIng West of the West lot lInes of Lots 31, 32 and 33, of sald OAK TREE SUBDIVISION BegInnIng at a stone 9 56 chaIns East of a pOlnt In the West lIne of the Robert E Campbell Donatlon Land ClaIm No 59, 48 82 chaIns South 00 551 West of the Northwest corner thereof, TownshIP 17 South, Range 3 West of the Wlllamette MerIdIan, and runnIng thence South 10 41 West 4 04 chaIns to a stone In the center of County Road, thence South 800 11 East 0 51 chaIns to a stone 10 center of County Road, thence South 00 55' West 17 48 cha1ns to a stone, thence East 4 89 cha~ns to a stone, thence North 00 55' East 16 47 cha1ns to a stone 1n center of County Road, thence North 800 l' West 3 07 chalns to a stone 1n center of county Road, thence North 10 4' East 4 50 chalns to a stone, thence West 2 35 chalns to the place of beglnnlng, ln Seetlon 34, Townsh1P 17 South, Range 3 West of the Wlllamette Merldlan Lane County, Oregon PARCEL 2 A parcel of land lY1ng 10 the Northwest one-quarter of Seetlon 34, TownshlP 17 South, Range 3 West of the W1llamette Merldlan, all 10 the Clty of Sprlngfleld, Lane County, Oregon, sa1d parcel belng shown as Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County Clerk and Recorder of Documents flIed on March 18, 1998, as Flle 75, sllde 617, 10 Lane County, Oregon, sald parcel belng more part1cularly descrlbed as follows The BaS1S of Bearlngs for thlS legal descrlptlon 15 the East llne of Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County Clerk and Recorder of Documents on March 18, 1998, as Flle 75, Sl~de 617, 1n Lane County, Oregon Beg~nnlng at the most Southeasterly corner of Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County Clerk and Recorder of Documents on March 18, 1998, as Flle 75, Sllde 617, In Lane County, Oregon, thence along the East l1ne of OAK BREEZE ESTATES SUBDIVISION North 010 16' 39- East 233 43 feet, thence leavlng sa~d East 11ne of OAK BREEZE ESTATES SUBDIVISION North 880 43' 21" West 20 00 feet to a pOlnt lY1ng on the Easterly rlght of way l~ne of Oak Meadows Place, thence cont~nu~ng along sald Easterly 11ne of Oak Meadows Place South 010 16' 39" West 60 93 feet to a po~nt, thence runnlng along the arc of a 14 00 foot rad~us curve to the left (the long chord of WhlCh bears South 130 43' 23" East 7 25 feet) a d1stance of 7 33 feet to the pOlnt of tangency thence South 280 431 19- East 5 28 feet to a pOlnt, thence runnlng along the are of a 26 00 foot rad1us curve to the r~9ht (the long chord of wh1ch bears South 250 33' 55" East 2 86 feet) a d1stance of 2 87 feet to the pOlnt of tangency, thence South 220 24' 20" East 16 65 feet, thence South 010 16' 3911 West 20 38 feet, thence South 240 57' 38" West 16 65 feet to a pelnt, thence runnIng along the arc of a 26 00 foot radIUS eurve to the rIght (the long chord of WhlCh bears South 280 07' 07" West 2 86 feet) a d1stance of 2 87 feet to the pOInt of tangency, thence South 310 16' 39" West 5 28 feet to a pOlot, thence runnIng along the arc of a 14 00 foot radIUS curve to the left (the long chord of wh1ch bears South 160 161 40" West 7 25 feet) a dl.stance of 7 33 feet to the po~nt of tangency, thence South 010 16' 3911 West 74 90 feet, thence South 380 53' 51" East 23 01 feet to a pOlnt lYlng on the Northerly r1ght of way llne of Kellogg Road, thence South 790 04' 2011 East 5 23 feet to the pOInt of beglnnlng, 1n Lane County, Oregon Date Received JUL 1 6 2008 t")~~~I !::1'bm,Uel 1IIIIIIWIIIIIIIIIIIIIIIII~llllIImll~1 ........... ...fiB CASCADE TITLE CO. STATUS OF RECORD TITLE REPORT 4 TII: St,.1?PLEhE"'r>t""TAL JOHN NEPUTE 1491 wIMBLEDON P~~CE SPRINGFIELD, OR 97477 E,r1AIL JOHN NEPUTE@MONACOCOACH Our No Date Cl'arge CT,0254325 JULY is, 2008 NONE COM As requested, Ca~cdde Tltle Co has searched ou~ tract l~dlces as to the folloHlng descrlbed real property A T T A C H ED) and as of JULY 8, 2008, at 8 00 A"'I we flnd the [0110''11ng Vcstee JOHN NEPUTF Sald property 1S subJect to the followlng on record matters 1 Ta~es Eor the flscal }ear 20C8-2009, a lleD not yet payable 2 Easements, notes, condltlons and resLrlctlons shown, set fortl-, and/or dell~eated on the recorded plat (Parcel 2) NOTE TdAes Account No 0298636 Assessor's Map No 17 03 34 2 0 #800 Code 19,03, . , 2007-2008, In the amount of $l,956 98, PAID IN FULL Taxes, ACCOU""lt No 1611639 Asco:essor's (\-lap Nc> 17 03 :::4 2 0 #7400 Code ..1.9- 00, < , 2007-2008 In the amount of $7 90, P~ID IN FULL cont.lnued- MAIN OFFICE * 811 WILLAMETTE ST FLORENCE * 1901 HWY 101 - S 2 EUGENE FAX: 485-0307 * E-MAIL * EUGENE, OREGON 97401 * PH (541) 687-2233 * FLORENCE, OREGON 97439 * PH (541) 997-8417 lnfo@cascadetltle com * FLORENCE FAY 997-8246 Date Received. JUL 1 6 2008 OngInal SubmIttpl ThlS report lS to be utlllzed for lnforrnat~on only ThlS report lS not to be used a3 a basls for transferrlngl encumberlng 01 forecloslng the real propertj descllbed The llabll1ty of Cascade Tltle Co 15 llmlted to tre addressee and shall not e4ceed the preiil:i un, pa:id he..:-el,.tiider C~SCAUE TITLE CO , by /) s~/T~tle Offlcer KuRI BEATY cc POAGE ENGINEEPING & SURVEYING, INC ATTN MIKE KAISER E'I""IL MhPISEP@POAGE NET Date Received JUL 1 6 2008 Original Submittal . , PROPERTf DESCRIPTION PARCEL 1 Beglnnlng at a pOlnt on tre east boundar} of OAK BREEZE ESTATES, as platted and recorded on Flle 75 Slldes 617 and 618 of che Lane County Oregon plat flIes 1D Lane County Oregon, sald pOlnt belng the Southwest corner of Lot 13 OAK TREE SUBDIVISI:N as platted and recorded on Flle 73, Slldes 781 and 782 of the Lane County Oregon plat flIes, In Lane CounLy, Oregon, thence along the South....resterly boundary of sald OAX TREE SUBDIVISION, South 890 57' 45 0" East 173 17 feet to an angle p01IIL 10 the sald Southwesterly boundary, thence coptlnulng along Bald Southwesterl~ boundary, and lts southerly proJectlon South 020 50' 04" West 2sr 57 feet to a pOlnt on the North malglll of County Road No 307 (hellogg Foad) sa1d p01nt be1ng 20 00 feet [rom, when measured at r1ght angles to, the centerllne of Kellogg Road, thence along sald North margln, North 790 04 1 ~20" west 167 88 feel to a p01nt on~the East boundary of SalQ OAK BPEEZE ESTATES, thence leavlng sald North marg1n, along the East boundalY o[ sa1d OP~ BREEZE ESTATES, North 010 16' 39" East 24S 57 feet to the pOlnt 0:' beglnnlng, a.ll Hl. Lane County, Oregon PARCEL 2 A rarcel of land l/lng In the Northwest one-quarter of Sect10n 34, To~nsh1p l' SOLth, Range 3 West of the W1llamette Mer~dian, all ln the Clty of Spr~ngfleld Lane Cour.tv, Oregon, sald parcel be~ng Dho~n as Parcel A of OA~ BREEZE ESTATES SUBDIVISIO~, a~ platted ann recorded wlth the Lane County Clerk and Recorder of Documents flIed or March 18. 1998, as Flle 75, Sllde 617, Ln Lane Countj, Oregon, sald parcel belng ~ore Partlcularly descrlbed as follows The BaS1S of BearlD9s for thlS, legal descrlptlon 15 the East llne of Parcel A of OPK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County CleLk and Recorder of Documents on March 1S, 1998, as Flle 75, Sllde 617, 1n Lane County, Oregon Deglnnlng at the most Southeasterly corner of Pdreel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County Clerk and Recorder of Documents on March ~8, 1998, as Flle 75, Sllde 617, in Lane County ( Oregon, tl1ence along the .cast llnE of OAK BREEZE EST.P>TES SUBDIVISIOn North 010 16' 39" East 233 43 feet thence leavlng sald Ea.st llnE of OAK BREEZE ESTJlTES SUBDIVISION North 830 43' 21" West 20 00 feet to a pOlnt ljlng on the Easterly rlgf1t of way llDe of Oa~ Meadows Place, trence contlDulng along sald Easterly llne of Oa~ Meadows Place South 010 16' J 9" !^jest 60 93 feet to a pOlrt, thence runnlng along the arc of a 14 00 foot ~adlus curve Lo the left (the long cpord of WhlCh bears South 130 43' 23" EaGt 7 25 feet) a dlstance of 7 33 feet to the pOlnL of tangency, thence Soutn 280 43' 19" East 5 28 feet to a pOlnt, thence runnlr'9 along the arc of a 26 00 :oot radlus curve to the l.lght (the long chord of WhlCh bears South 250 33' 55" East 2 86 feet) a dJ..stance of 2 87 feet to the pOlnt of tangency, thence SouLh 220 24' 2(" East 16 65 feet, thence South 010 16' 3911 west 20 38 feet, thence South 24() 57' 38" ~vest 16 65 feet to a pOlnL thence runnlng along the arc of a 26 00 foot radlus curve to the rlght (the long chord of whlCh bears South 280 07' 07" Hest 2 86 feet) a dlstance of 2 87 feet to the pOlnt of tangency, thence South 310 16' 3911 West 5 28 feet to a pOlnt, thence runnlng along the al.e of a 14 00 foot rad1us cUr\e to the left (the long chord of whlch bears South 160 16' 40" t-lest 7 25 feet) a dlstance of 7 33 feet to the p01nt of tangency Lhence South 010 16' 39" West 74 90 feet, thence South 380 53' 51" East 23 01 feet to a pOlnt ly~ng on the Nol. therly rlght of way Ilne of 1\ellogg Foad, thepce South 790 04 I 20" East 5 23 feet to the po~nt of beglnnlng In Lane County, Oregofl Date Received. JUL 1 6 2008 Onglnal Submittal ,. IllIilill~lil!llilll~I~IIIID!il \ ~ t:G'l CASCADE YfTLE CO. STATUS OF RECORD TITLE REPORT ~TH S'U"1?PL.r.u.r.uJ.A.L JOHN NEPUTE 1491 wIMBLEDON PLACE SPRINGFIELD, OR 97477 E'I1AIL JOHN NEPUTE@MONACOCOACH Our No Date Charge CT,0254325 JULY 15, 2008 NONE COM As requested, Cascdcte T1Lle Co has searched our tract lndlces as to the follovlng descrlbed real property A T T A C H ED) and as of JULY 8, 2008, at 8 00 A M we flnd the followlng ( Vcstee JOHN NFPUTF Sald property 15 subJect to the followlng on record matters 1 Ta4es for the Elseal year 2008-2009, a 12en not yet payable 2 Easements, notes, condltlons and resLrlctlons shown, set forth, a~d/cr dellneated on the ~ecorded plat (Parcel 2) NOTE Tdxes, n..ccount No 0298636, Assessor's Map No 17 03 34 2 2, #800, Code 19-03, 2007-2008, ,n the .:lmount of $1,956 98, PAID IN FULL Taxes, D.ccount No 1611639 As~essor's Map No 17 03 34 2 " #7400, Code 19-00, . , 2007,2008 ,n the amount of $7 90 P~ID IN FULL contl.nued- MA~N OFFICE * 811 WILLAMETTE ST. * EUGENE, OREGON 97401 * PH (541) 587-2233 FLORENCE * 1901 HWY 101 - S 2 * FLORENCE, OREGON 97439 * PH (54!} 997-8417 EUGENE FAX. 485-030? * E-MAIL lnfo@cascadet1tle com * FLORENCE FAY 99?-8246 Date Received' JUL 1 6 2008 Onglnal Submittal ThIS report IS to be utIlIzed for InformatIon onl~ ThIS repolt IS not to te used a3 a baSIS for transferrIng, encumberIng 01 forecloSIng the real pIopert/ descrIbed The lIabIlIty of Cascade TItle CO IS llmlted to the addressee and shall not e/ceed the premluffi pa~d here~nder CASC~E TITLE CO , by /2 sm/TItle OffIcer KURT BEATY cc POAGE ENGINEERING & SURVEYING, INC ATTN MIKE KAISEP E'MPIL MKPISER@POAGE NET Date Received JUL 1 6 2008 Original Submittal , PROPERTY DESCRIPTION PARCEL 1 BeglnnLng at a pOlnt on the east boundar} of OAK BREEZE ESTATES, as platted and recorded on Flle 75 Slldes 617 and 618 of the Lane County Oregon plat flIes ln Lane County Oregon, ~ald pOlnt belng the Southwest corner of Lot 13, O~Y TREE SUBDIVISICN as platted and recolded on Flle '3, Slldes 781 and 782 of the Lane County Oregon plat flIes, lD Lane CounLy, Oregon, thence along the Southv.esterly boundary of s2Lld OAI( TREE SUBDIVISION, South 890 57' 45 0" East 173 17 feet to an angle pOlnL In t'e sald Southwesterly boundary, thence co~tlnulng along sald South~ester1y boundary, and lts southerly prO]ectlon, South 020 50' 04" hest 280 57 feet to a p01Dt on the North malgln of County Road No 307 {h.ellogg Foad) , sald pOlnt belng 20 00 feet (rom, \\hen measuled at r1ght angles to, the centerllne of Kellogg Road, thence al=ng sald ~orth marglD, North 790 04' 20' west 167 88 feet to a pOlnt on _the East boundary of sa~a OAK BPEEZE ESTATES, thence leav~ng sa1d North marglD, along the East boundalv or sa1d OA~ BREEZE ESTATES, North 010 16' 39" East 248 57 feet to the p01nt 0':: beglnnlng, all 111 Lane County, Oregon PARCEL 2 A parcel of land lxlng In the Northwest one-quarter of Sectlon 34, To~nsh1p 17 So~th, Range 3 West of the Wll1amette Merldlan, all In the Clty of Sprlngfleld, Lane Count v , Oregon, sa1d parcel be~ng oho~n as Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted ann recorded ~lth the Lane County Clery and Rec8rder of Documents flled on March 18, 1998, as Flle 75, Sllde 617, Ln Lane County, Oregon, sa1d parcel belng wore partlcularly descrlbed as follows The BaS1S of Bear.lIl3s for thlS legal descrlptlon 15 the East 11ne of Parcel A of OAK BPEEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County CleLk and Recorder of Documents on March 18, 1998, as F~le 75, Sllde 617, In La~e County, OLegon Beg~nn1ng at the most Southeasterly corner of Parcel A of OAK BREEZE ESTATES SUBDIVISION, as platted and recorded wlth the Lane County Clerk and Recorder of Documents on f'.larch 18, 1998, as F~le 75, Sllde 617, lD Lane County, Oregcn, tpence along the East Ilne of OAK BFEEZE ESTPTES SUBDIVISION North 010 16' 39" East 233 43 feet, thence leavlng sald East llne of OAK BREEZE ESTjlTES SUBDIVISION North 880 43' 21" West 20 00 feet to a p01TIt lylng on the Easterly rlgt"1t of way Ilne of Oal.: Meadows Place, tl:ence contlnulng along sald Easterly 11ne of Oal.: l1eadows Place South 010 16' 39" ""'est 60 93 feet to a po~Pt, thence runnlog along the arc of a 14 00 foot ~adlus curve Lo the left (~he long cpord of WhlCh bears South 130 43' 23" East 7 :5 feet) a dlstance of 7 33 feet to the p01nL of tangency, thence Soucp 280 43' 19" East 5 28 feet to a p01nt thence runnl~g along the a~c of a 26 00 foot radlus curve to the r1ght (the long chord of wnJch bears South 250 33' 55" East 2 86 feet) a dlstance of 2 87 feet to the POlut of tangency, thence SouLh 220 24' 20" East 16 65 feet, thence South 010 16' 39" West 20 38 feet, thence South 240 57' 38" West 16 65 feet to a pOlnL, thence runnlng along the arc of a 26 00 foot radlus curve to t~c rlght (the long chcrd of whlCh bears South 280 07 f 07" Hest 2 86 feet) a dlstance of 2 87 feet to the pOlnt of tangency, thence South 31 () 16 I 39'1 west 5 28 feet to a pOlnt, thence rUDDlng along the alC of a 14 00 foot radlus cur~e to the left (the long chord of WhlCh bears South 160 16' 4011 West 7 25 feet) a dlstance of 7 33 feet to the pOlnt of tangency thence South 010 16' 39" West 74 90 feet, thence South 380 53' 51" Eest 2: 01 feet to a pOlnt lYlng ~n the Northerly rlght of way Ilne of Kellogg Road, thepce South 79Q 04 I 2011 East 5 23 feet to the pOlnt of beglnnlng In Lane Counl}', Cregof1 Date Received: JUL 1 6 2008 Onglnal Submittal Date Received: After Recordmg Return To PoaQe EnQ1l1eennQ & SurveVillQ, Inc _ POBox 2527_ Eu!!ene_ OR 97402 JUL 1 6 2008 OngInal Submittal " . DE CLARA TION OF DEVELOPMENT RESTRICTION REQUIREMENT John Nepute, DECLARANT, IS the owner of the followmg descnbed property Lot I of Rrver Groye SubdivIsIOn as recorded _ 2008 on Document No , Lane County Oregon Official Records ALSO Lot 13 OAK TREE SUBDIVISION, as platted and recorded m File 73, Slides 781 and 782, Lane County Oregon Plat Records In order to ensure compliance with zOillng reqmrements for R-I Low DensIty ResIdentIal ZOillng as speCIfied m the Spnngfield Deyelopment Code and stIpulated m ConditIOn No 5 of the CIty of Spnngfield Planmng Approyal Journal No 2007-00064, for the R1yer Groye SubdIVIsIOn, the DECLARANT IS creatmg the followmg development restnctIon oyer Lot I of the Rryer Grove SubdIVIsIOn, recorded , 2008, on Document No 2008- Lane County Oregon OffiCial Records, regardmg the use of those parcels for residentIal purposes The accessory structure located on Lot I of saId Rryer Groye Subd1YISlOn may remam as long as there IS a resldentral structure to whICh It IS accessory to In order to be consIdered as accessory to a resldentral Uillt, the accessory structure must be on the same lot as the resldentral umt, or be on a lot that remams m common ownershIp WIth a lot contammg a resl~entral structure Pnor to the sale of saId Lot I of Rrver Grov,e mto separate ownershIp from Lot 13 of saId Oak Tree Subd1vlOn, the owner shall I) Obtam a new permIt for a resldentral structure on Lot I for wluch the eX1stmg accessory structure would be accessory to The permit for the new home shall mclude a proVIsIOn that the accessory structure can only remam If the new reSidentIal structure reCelyes [mal occupancy, or 2) Pnor to the sale of Lot I mto separate ownershIp, the accessory structure on Lot I shall be remoyed, or 3) Pnor to the sale of Lot I mto common ownershIp WIth an adjacent legal lot, rele~e the use restnctIon created by tlus mstrument and record another use restnctlOn that reqmres the eXlstmg accessory structure on Lot I remam under common ownerslup WIth an adjacent legal lot that has an eXIstmg home, or 4) Obtam a new permIt for a reSIdentIal structure on an adjacent legal lot for wluch the eXIstmg accessory structure would be accessory to The permIt for the new home shall mclude a proVIsIOn that the accessory structure can only remam If the new resIdentral structure receI yes final occupancy and 3880use res I wpd Page I of 2 . ' Includes release of the use restnctlOn created by tlus mstrument and records another use restnction that requrres the eXistIng accessory structure on Lot 1 remam under common ownershtp WIth the lot obtammg the perrmt for the new residential struchrre This Dec\aratlOn of a Development RestnctlOn ReqUIrement may only be amended or removed by the followmg actlOns A) Performance of the above reqUIred conditions 1),2),3) or 4), or B) Wntten perrmsslOn from the City of Spnngfield Planmng Drrector or their deSignee's In the case of any conflict between this reqUIrement and any zorung ordmance or code of any governmental body, the more restnctive shall preVail The provlslOns of tlus Instrument touch, concern, and relate to the use of Lot 1 of said River Grove SubdivIsIOn, and are mtended to be covenants and restnctlOns runmng with the land All provISIons of this mstrument, mc\udmg the benefits and burdens, are bmdmg and enure to the heirs, successors, assigns, transferees of the owners of Lot 1 of Said River Grove SubdlVlslOn IN WITNESS WHEREOF, the parties hereto have set their hand and seal tlus l S~ day of , TULV , 2008 ~ ( BY Jo~f Date Received JUL 1 6 2008 STATE OF OREGON ) ) ss ) Ongmal submittal COUNTY OF LANE On tins I C; it, day of J ULj . 2008 there appeared before me, a Notary Pubhc for the State of Oregon, County of Lane the hereon named John Nepute, known to me or proved to me on a satisfactory baSIS to be the same person who executed the declaratIOn hereon and acknowledged the same to be hiS voluntary act and deed In witness whereof, I have hereunto set my hand and affixed my seal ~W(L~~ I) OFFICiA[SEAT---~ MELANIE ROSE I , , ' IIOTARY PUBUC. OREGON I COMMISSION NO 428584 I :,~,.,... ~C~~I~I~N~~R:i^tR~~'~1!", Notary Pubhc for Oregon My CommissIOn Expires ~ +( ~V! 2DI?_ 3880use resl wpd Page 2 of 2 Date Received After Recordmg Return To Poa"e En"lDI'I'[1nq, & Survevrng, Inc , POBox 2527, Eugene, OR 97402 JUL 1 6 2008 Original Submlttl'l " . DECLARATION OF DEVELOPMENT RESTRICTION REQUIREMENT John Nepute, DECLARANT, IS the owner of the followmg descnbed property Lot 1 of River Grove SubdIVISIOn as recorded ,2008 on Document No , Lane County Oregon OffiCial Records ALSO Lot 13 OAK TREE SUBDIVISION, as platted and recorded m File 73, Shdes 781 and 782, Lane County Oregon Plat Records In order to ensure compliance With zomng reqUIrements for R-l Low DenSity ReSidential Zorung as speCified m the Spnngfield Development Code and stipulated m ConditIOn No 5 of the City of Spnngfield Planmng Approval Journal No 2007-00064, for the River Grove SubdIVISIOn, the DECLARANT IS creatmg the followmg development restnctlOn over Lot 1 of the River Grove SubdlVlslOn, recorded . 2008, on Document No 2008- Lane County Oregon OffiCial Records, regardmg the use of those parcels for reSidential purposes The accessory structJrre located on Lot 1 of Said River Grove SubdiVISIOn may remam as long as there IS a reSidential structure to which It IS accessory to In order to be conSidered as accessory to a reSidential urut, the accessory structure must be on the same lot as the reSidential umt, or be on a lot that remams m conrrnon ownership With a lot contalmng a reSidential structJrre Pnor to the sale of Said Lot 1 of River Grove mto separate ownerslup from Lot 13 of Said Oak Tree SubdlVlOn, the owner shall 1) Obtam a new permit for a reSidential structure on Lot 1 for wluch the eXlstmg accessory structure would be accessory to The permit for the new home shall mclude a proVlslOn that the accessory structure can only remam If the new reSidential structure receives final occupancy, or 2) Pnor to the sale of Lot 1 mto separate ownerslup, the accessory structure on Lot 1 shall be removed, or 3) Pnor to the sale of Lot 1 mto conrrnon ownerslup With an adjacent legal lot, rele~se the use restnctlOn created by tlus mstrument and record another use restnctlOn that reqUIres the eXlstmg accessory structJrre on Lot 1 remam under conrrnon ownership With an adjacent legal lot that has an eXlstlllg home, or 4) Obtalll a new permit for a reSidential structure on an adjacent legal lot for wluch the eXlstmg accessory structure would be accessory to The perrmt for the new home shall mclude a proVISIOn that the accessory structJrre can only remallllf the new reSidential structure receives final occupancy and 3880use res 1 wpd Page I of 2 .. . Illcludes release of the use restnctlOn created by tlus rnstrument and records another use restnctlon that reqUIres the eXlstmg accessory structure on Lot 1 remam under conrrnon ownership with the lot obtammg the permit for the new residential structure This DeclaratIOn of a Development RestnctlOn ReqUIrement may only be amended or removed by the followmg actIOns A) Performance of the above reqUIred conditIOns 1),2),3) or 4), or B) Wntten perrmsslOn from the City of Spnngfield Planmng Drrector or their deSignee's In the case of any confhct between tlus reqUIrement and any zomng ordmance or code of any govenrrnental body, the more restnctlve shall prevail The provIsIOns of tlus Illstrument touch, concern, and relate to the use of Lot 1 of said River Grove SubdivIsIOn, and are mtended to be covenants and restnctlons ruillllng with the land All provIsIOns oftlus mstrument, mcludmg the benefits and burdens, are bmdmg and enure to the heirs, successors, assIgns, transferees of the owners of Lot I of Said RIVer Grove SubdiVISIOn IN WITNESS WHEREOF, the parties hereto have set therr hand and seal tlus l S~ day of , TULV . 2008 ~ I BY JOh~f Date Received JUL 1 6 2008 STATE OF OREGON ) ) ss ) Original submittal. COUNTY OF LANE On tlus I C; t\" day of J UL'-/ , 2008 thcre appeared before me, a Notary Pubhc for the State of Oregon', County of Lane the hereon named John Nepute, known to me or proved to me on a satisfactory baSIS to be the same person who executed the declaratIOn hereon and acknowledged the same to be hiS voluntary act and deed In witness whereof, I have hereunto set my hand and affixed my seal I) OFFIClAlSEAL \ MELANIE ROSE ,,"' I/OTARYPUBUC.OREGON I COMMISSION NO 428584 I i.~.. '.... ~~M~~I~N~R~!~~2lJ!2 _ f LJ(L~~ Notary Pubhc for Oregon My COIDIDlsslOn Exprres +/ ~V /2DI? , , 3 880use res 1 wpd Page 2 of 2 , I After Recording Return To Poage Englneenng & SurveYing, Inc POBox 2527 Eugene, OR 97402 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVER GROVE (Lots Hhrough 5) THIS DECLARATION made on the date hereinafter set forth by JOHN NEPUTE, hereinafter referred to as "Declarant" WITNESSETH Declarant IS the owner of the property known as RIVER GROVE In Lane County, Oregon and more particularly descnbed as Lots 1-5, River Grove, as platted and recorded on ,2008, Instrument No , Lane County Oregon Plat Records, In Lane County, Oregon ~ II Declarant deems It deSirable In furtherance of the purposes set out herein to create an organization called The Architectural ReView Committee, hereinafter called "The Committee", to review plans and specifications of bUildings, fences, walls, landscape and planning as to location and exterior deSign with the development III Declarant deems It deSirable In furtherance of the purposes set out herein to establish these covenants and restnctlons which shall apply to all real property contained In the development NOW THEREFORE, Declarant hereby declares that all of the properties descnbed above shall be held, sold and conveyed subject to the follOWing easements, restnctlons, covenants and conditions, which are for the purpose of protecting the value and deSirability of, and which shall run with, the real property and be binding on all parties haVing any nght, title or Interest In the descnbed properties or any part thereof, their heirs, successors and assigns, and shall Inure to the benefit of each owner thereof ARTICLE I Date ReceIVed JUL , 6 2008 1 - Definitions Declaration of Covenants, Conditions and Restnctlons Original submlttal- 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 secunty for the performance of an obligation Section 2 - "Property" Shall mean and refer to that certain real property hereinbefore descnbed - Section 3 - "Lot" Shall mean and refer to any plot or parcel of land shown on the recorded subdivIsion map of the Property Date Received' ARTICLE II JUL 1 6 2008 Onglnal Submittal SectJon 1 - Deslon Review There IS hereby created the Architectural Review Committee ("the Committee") for River Grove There shall be not less than two, nor more than three members of the Committee The Initial members of the Committee shall be John Nepute and Brenda M Nepute The deCISion of any two members of the Committee shall be binding, and a maJonty of the Committee may deSignate a representative member to act for the Committee Architectural ReView Committee A Committee member need not be a Lot Owner c- Members of the Committee shall serve until they resign or are replaced by vote of the Committee or the Owners A committee member may be replaced by vote of the Owners representing seventy-five percent of the Lots subject to these conditions, covenants and restnctlons In any such vote each Lot shall receive one vote Lot Owners by vote shall replace any Committee member so removed r Except where replaced by a vote of the Owners, a Committee member may be added or replaced by the vote of the other two members of the Committee The remaining two members shall select a replacement for a member so removed If a vacancy IS created on the Committee due to resignation or other cause, the remalrllng committee members shall select a replacement Section 2 - Purpose and Authorrty The prrmary purpose of the Committee shall be to review all submiSSions to the Committee by all owners and bUilders of lots In River Grove pursuant to the Committee ReView Process as set forth In Article III hereinbelow Section 3 - Committee Approval Reaulred No construction, construction preparatJon, bUilding, fence, wall, patiO, deck, pool, spa, heat pump, antennae, aWning, screen, trelliS, satellite dish or other structure, Including Without limitation any Improvement or fixture, shall be commenced, Installed, or erected on any Lot In River Grove, nor shall any exterror addition to, or change or alteration therein, be made to any eXisting structures, Improvements, or fixtures, nor shall any c1eanng, tree, removal, grading, or landscaping of any Lot be commenced, until all complete and detailed plans therefor have been submitted to and approved In wrrtlng by the Committee 2 - Declaration of Covenants, Conditions and Restnctlons In the event that any Owner or contractor falls to obtain such approval as provided herein, the Committee shall have the right to require the Owner of the Lot upon which the unapproved Improvement IS placed to remove said Improvement, and shall have all enforcement rights provided by law, Including the nght to pursue Injunctive relief Notwithstanding thiS Section 3, no approval shall be reqUired to refinish an extenor surface In accordance With a color scheme previously approved In writing by the Committee, or to rebuild an Improvement In accordance With plans previously approved In writing by the Committee, and nothing contained In thiS Section shall limit the right of an Owner to remodel the Interior of hiS liVing unit or to paint the Interior of the liVing unit any color deSired, except With regard to nOise abatement and reasonable restnctlons on time and method of such activities to protect the health, safety and welfare of other Owners Section 4 - Rules and Procedures In addition to the authOrity of the Committee referenced In Section 2 hereinabove, the Committee may, from time to time, adopt wntten rules and regulations of general application governing ItS procedures which shall Include, among other things, provIsions for the form and content of applications, required content and number of copies of plans and speCifications, proVISions for mandatory on-site Committee VISit With the Owner and Owner's architect, and provIsions for notice of approval or disapproval These rules and procedures, when adopted, shall be contained In the "DeSign GUidelines and Construction Regulations," which document may be relied upon by Owners and the Committee In connection With the preparation, review and approval of plans Section 5 - Additional Deslan Criteria The CommIttee may also, from time to time, adopt, amend, modify or revise additional deSign criteria for any Improvements, lot c1eanng and landscaping In River Grove These additional deSign cntena, when adopted, shall be contained In the "DeSign GUidelines and Construction Regulations" These additional deSign cnterla shall serve to Implement and c1anfy the policies and pnnclples contained herein The "DeSign GUidelines and Construction Regulations" shall be enforceable as rules and regulations No such additional deSign cntena or amendment, modification or reVISions of such cntena shall be construed to require destruction of structures, Improvements, or landscaping approved pnorto the adoplion and publication, but they may affect maintenance or Improvements to such things which do not require destruction Section 6 - Variances and Waivers The Committee may, In ItS sole discretion, grant reasonable variances or waivers from the proVISions set forth herein, where (a) literal application thereof results In unnecessary hardship, and (b) where the granting thereof Will not be matenally detnmental or InJunous to all other Owners of other Lots All vanances or waivers shall contain findings of fact by the Committee, setting forth each cnterlon for vanance or waiver conSidered, shall be In Writing, and shall be Signed by the Committee, In order to be valid Date Received- ARTICLE III JUl 1 6 2008 Committee ReView Process Onglnst Submlttnl e ' Section 1 - Approval Reaulrement As prOVided In Article II, no site or structural 3 - Declaration of Covenants, Conditions and Restrictions Improvements shall be made to any Lot, and no applicalions for permits for such Improvements shall be filed until such Improvements have been approved by the Committee The process for obtaining the approval shall be as set forth In this Article III Section 2 - Prelimlnarv Meetlna When residential construction or remodel to an eXisting residence IS being planned, a preliminary meeting With the Committee IS recommended for the purposes of diSCUSSing deSign considerations, matenals and specifications, and the review process Itself The goal of the meeting would be to resolve any Issues prior to submission and streamline the approval process Section 3 - Submission of Reoulred Plans For construction or alteralion of any Improvements, one (1) complete set of plans and specifications, drawn to scale, showing the nature, kind, shape, color, Size, materials and location of such Improvements, alterations, etc , shall be submitted to the Committee for review and approval Said plans and specifications shall Include the location of all Improvements, If any, eXisting upon the Lot, the location of the Improvement proposed to be constructed, the eXisting and finish grade, the color and compOSition of all extenor matenals to be used, proposed landscaping to be Introduced or eXisting vegetation to be removed, and any other Information which the Committee may require, including SOil, engineering, and - geologiC reports and recommendations For initial landscaping or major re-Iandscaplng (Including Without limitation re- contouring of any Lot, removal, c1eanng or trimming eXlsling vegetalion, and placement of large rocks, and boulders, or potential barriers to view by other Lots), one (1) complete set of plans and speCifications shOWing the eXisting and proposed contour of the Lot, and shOWing the nature, kind, shape, and location of the matenals proposed for removal or placement shall be submitted to the Committee for review and approval Section 4 - General Deslan Crltena In general, the quality and workmanship and deSign of Improvements and landscaping should be In harmony With the external deSign and location of eXisting structures, In compliance With the construction and SpeCific DeSign Criteria set forth In Article IV, and In harmony With the unique character and appearance of River Grove Section 5 - Committee Approval. Tlmlna The Committee shall make a reasonable effort to review plans and speCifications and notify the Owner of approval or disapproval as soon as IS practicable In the event the Committee falls to approve or disapprove plans and speCifications In wntlng Within sixty (60) days after all Information requested by the Committee In connection With the application has been submitted, the Committee's approval shall be deemed given Section 6 - Grounds for Disapproval The Committee may disapprove any application a If such application does not comply With the requirements of Article III, Section 3 hereinabove, or otherwise falls to proVide the Committee With suffiCient information to approve the application Date Received 4 - Declaration of Covenants, Conditions and Restnclions JUL 1 6 2008 Onglnal Submlttfl. JUL 1 6 2008 1 \ I I Date Received: b If such application does not comply with the provIsions df~~\r~~gPe"l\t'l Including without limitation, all provIsions of the "Design GUidelines and Construction Regulations" as may be adopted by the Declarant and amended by ~the Committee c Because of the reasonable dissatisfaction of the Committee with grading plans, location of the proposed Improvement on a Lot, finish ground elevation, color scheme, finish, design, proportions, architecture, shape, height or style of the proposed Improvement, the materials used therein, the kind, pitch, or type of roof proposed to be placed thereon, or d If, In the Judgment of the Committee, subjectively measured but reasonably exercised, the proposed Improvement will not be harmonious with River Grove or with the Improvements erected on other Lots In River Grove Section 7 - Certificate of Compliance All construction shall be completed within twelve (12) months of the starting date of construction At any time prior to completion of construction of any Improvement, the Committee may require the Owner to deliver certification from a licensed surveyor that such Improvement does not violate any bUilding coverage or set-back rule, ordinance or statute, nor encroach upon any public or private easement or right-of-way of record Section 8 - Limitation of Llabllitv Notwithstanding the approval by the Committee of any construction plans and speCifications hereunder, or ItS inspection of the work In progress, or failure to do so, neither the Committee, the Declarant, nor any person acting on behalf of any of them, shall be responsible or liable to any owner or any third party In any way, for any defects In any plans, speCifications or other materials submitted to the Committee nor for any defects In any work done pursuant thereto, nor for any noncompliance with bUilding codes or applicable law, governmental ordinances and regulations The Owner whose plans and speCifications were approved shall defend, Indemnify, and hold the Committee, the members thereof, and Declarant harmless from any and all liability anslng out of, regarding or pertaining to such construction, regardless of descnptlon, including without limitation the duty to so Indemnify for all reasonable attorneys' fees and costs Incurred In defense, and regardless of whether Court proceedings occur ARTICLE IV Construction and SpeCifiC Deslon Cnterla Section 1 - Commencement of Construction of Llvlno Unit Each Owner, other than Declarant, shall commence construction of a liVing unit on the Lot within eighteen (18) months of the date on which the Declarant first conveyed the Lot to any Owner If an Owner falls to comply with this Section, the Committee may, after giving the Owner at least thirty (30) days written notice, cause the Lot to be landscaped In such a manner as the Committee and the Architectural ReView Committee deem appropriate, Including (Without limitation) the removal or tnmmlng of eXisting vegetation and the planting of new vegetatJon The Committee shall assess the Owner with the actual cost of the landscaping, which assessment shall be due and payable on demand, proVided, that the foregOing 5 - Declaration of Covenants, Conditions and Restnctlons Date Received: ~ , JUL 1 6 2008 assessment shall not exceed the sum of $5,000 00 Onglnal Submittal Section 2 - Completion of Construction Construction of any Improvement, once commenced, shall be pursued diligently to completion Improvements not completed Within twelve (12) months after commencement, or upon which significant and material construction has ceased for thirty (30) consecutive days, or which have been partially or totally destroyed and not rebuilt Within SIX (6) months of such destructJon, shall be deemed nUisances or abandoned, as dictated by the facts presented The Committee may then require an Ownerto remove any such nUisance or abandoned Improvement, or may repair or complete the Improvement and assess the Owner for the actual costs thereof, any such assessment shall be due and payable on demand Section 3 - Completion of Landscaplna Each Owner shall complete the landscaping of his Lot Within 60 days of substantial completion of the living unit on the Lot, proVided that, If substantial completion occurs between October 1 and May 1 of the next year, landscaping shall be completed Within 60 days of May 1 Immediately succeeding the date of substantial completion Section 4 - Architectural Review Committee Approval No living unit shall be occupied until the exterior (other than landscaping) has been completed In compliance With the Committee's approval of the plans and speCifications for such extenor, pursuant to Articles III, and until a certificate of occupancy has been Issued by any governmental agency With authonty over nghts of occupancy Section 5 - Slnale Famllv Llvlna Units. Attached Garaaes Only Single-family residential units shall be permitted on any Lot No multiple residential bUildings or zero lot line development shall be permitted on any Lot Each living unit shall have a full car garage, accommodating a minimum of two, and a maximum offourvehlcles No detached structures of any kind, other than a garage, pool house, gazebo, spa, or Similar structures, shall be permitted No mobile homes, manufactured homes, trailers, or other living units manufactured off-Site shall be permitted to be used as living units on any Lot Section 6 - Helaht The reSidential units on Lots 1 and 2 shall be limited to one story In height The reSidential units on Lots 3, 4 and 5 shall be limited to two stones In height Seclion 7 - Sidewalks All Sidewalks shown on the recorded plat, other than those constructed by Declarant, or hiS predecessors, shall be the responsibility of the Owner All Sidewalks shall be constructed In compliance With applicable codes then In effect Section 8 - Area The floor area (exclUSive of garages, patiOS, decks, and porches) of each ReSidential Unit shall not be less than 1,450 square feet Each ReSidential Unit and appurtenant structures shall be constructed Within an area on each Lot speCified In conjunction With architectural review and the City of Spnngfield approval In addition, the deSign of each structure shall stnve to preserve solar access for all adjacent Lots to the extent pOSSible No carports Will be allowed 6 - Declaration of Covenants, Conditions and Restnctlons Section 9 - HedGes No hedges or other planting along the boundanes of any Lot shall be permitted Without the pnor approval of the Architectural Review Committee Section 10- FencinG Fence height shall not exceed SIX (6) feet, provided however, that any fencing located Within the 10 foot front yard setback, shall not exceed forty-two (42) Inches In height Fencing must consist of matenals and be of a design approved by the Architectural Review Committee Fences on Lot 5 (corner Lot) shall extend no further toward the street frontage Side than the front corner of the house/garage, as measured perpendicular to the house/garage, extending from said rear corner to the rear property line Section 11 - SidinG Approved Siding and extenor wall matenal shall Include I")atural wood, stucco or synthetic eqUivalent engineered wood embossed to resemble natural wood Siding, bnck or cultured stone T1-11 Siding shall not be allowed Section 12 - RoofinG Matenal Approved roofing matenals shall consist only of composition roofing With a life of 25 years or more Colors shall be subject to approval of the Architectural ReView Committee Section 13 - FenCinG Matenal Approved fence material shall be limited to wood or bnck and the deSign shall be subject to approval of the Architectural ReView Committee Section 14 - Roof Shape Every roof shall have a minimum pitch of 4 In 12, except for a maximum flat roof area of 10% of Intenor square footage area (Including garage) No roof overhang shall extend closer than three (3) feet from common property lines Section 15 - Extenor Wall Colors All exterior wall colors shall be subdued Bnght or gansh colors are prohibited except for small accent or tnm Items All extenor wall colors shall, In any event, be subject to approval of the Architectural ReView Committee Section 16 - Extenor LlohtlnG No bnght or harsh lighting located above the top of roof lines, or directed above parallel With the ground at other reSidences or at publiC areas' Will be allowed Section 17 - HVAC No heating, ventllatJng or air conditioning equipment shall be permitted on any roof Section 18 - RadiO and TeleVISion Antennae No external antennas or related equipment, towers, poles or any structure to be used for the purpose of transmitting or receiving radiO, teleVISion or related Signals shall be Installed, affixed, mounted or constructed on a Lot, unless approved by the Committee In consldenng whether to approve applications, the Committee shall conSider and give great weight to protection of views of other Owners and conSiderations of aesthetiCS and uniformity el ~gPF{Wegf\Tele the Lot Community a JUL 1 6 2008 7- Declaration of Covenants, Conditions and Restnctlons u Onglnal Submittal Section 19 - Satellite Dishes All satellite dishes shall be one meter or less In diameter and shall be screened from view of nelghbonng properties to the maximum extent permitted by law The location of satellite dishes shall be subject to the pnor approval of the Architectural Review Committee Section 20 - Storaae Tanks No tank for the storage offuel shall be Installed outSide any structure on the Lot nor shall such a tank be buned below the surface of the ground Date Received: ARTICLE V JUL 1 6 2008 Use Restnctlons and Obliaatlons Onglnal Submittal Section 1 - Government Restnctlons All uses, occupancy, construction and other actiVities conducted on any Lot shall be In conformance with and be subject to applicable zonrng, use restnctlon, construction and bUilding codes of the City of Spnngfleld and Lane County, Oregon, and any other governmental authonty, and further to the restnctlons of all other applicable publiC authontles, Including but not limited to the State of Oregon and United States of Amenca, and to the extent the following restnctlons may be In conflict therewith, the same shall be deemed modified thereby All uses must comply With any agreements entered Into With the City of Spnngfield regarding the Property Section 2 - ImDrovements Permitted No Improvements shall be erected or permitted to remain on any Lot except Improvements consisting of or containing a residential unit and Improvements normally accessory thereto, Including any accessory unit, which may be allowed pursuant to Spnngfleld Code The provIsion of this section shall not be construed to prohibit construction of a pnvate greenhouse, storage unit, pnvate sWimming pool or structure for the storage of a boat, camping trailer, and/or recreational vehicle, so long as such Improvement IS otherwise In compliance 'With this declaration and applicable governmental reqUirements However, no carports are allowed Section 3 - ReSidential Use Except as proVided In this section, lots shall be used solely for reSidential purposes Without limiting the generality of the foregOing no trade, craft, bUSiness, professional, commercial or Similar activity of any kind shall be conducted on any Lot nor shall any goods, equipment, vehicles, matenals, or supplies used In connection With any trade, service, or bUSiness be kept or stored on any such Lot Nothing In thiS section shall be deemed to prohibit or limit (I) activity relating to the sale of Lots or the rental of reSidential units as allowed by these Covenants, Conditions, and Restnctlons, (II) the nght of Declarant to construct ReSidential Units on any Lot or to store construction matenals and equipment on any such Lot In the normal course of construction, or (III) the nght of any owner to maintain a personal profeSSional library, handle bUSiness or profeSSional telephone calls or confer With bUSiness or profeSSional aSSOCiates, clients, or , customers from hiS or her residential unit Section 4 - Leaslna and Rental of Lots Should an owner lease hiS lot, any lease agreement shall be required to prOVide that the terms of the lease shall be subject In all respects to the provIsion of these declarations and all applicable Oregon Landlord Tenant Laws, that any failure by the lessee to comply With the terms of such documents shall be a default under the lease and that the Architectural ReView Committee, at ItS sole discretion, 8 - Declaration of Covenants, Conditions and Restnctlons Date Received: JUL 1 6 2008 shall have the nght to require termination of the tenancy In the event o'Pd~avBffi~~uy the tenant Section 5 - Landscaolno and Maintenance Each owner and/or occupant shall maintain his or her Lot and the Improvements thereon, at his or her expense Required maintenance and repair shall Include Without limitations (I) maintenance of all parking areas, pnvate drives, curbs, and walkways In accordance With thiS Declaration and In a clean and safe condition, Including c1eanrng and repairing as often as necessary, (II) maintenance of landscaprng, specifically rncludlng all landscaping along the panhandle portion of Lot 2, In an attractive, neat, orderly, tnmmed, and cut condition at all times, free of brush, weeds, and debris, (III) c1eanrng, maintenance, and relamprng of any extenor lighting fixtures, and (IV) maintenance of extenors of bUildings In an attractive and neat condition at all times Section 6 - OffenSive Activities No nOXIOUS, offenSive or Illegal activity shall be carried on rn the Development, nor shall anything be done or placed upon any Lot, which Interferes With or Jeopardizes enjoyment of other owners or occupants Section 7 - Domestic Animals No animals, livestock, or poultry of any kind may be grazed, bred or kept on the Property Dogs, cats, or other tame, domestic household pets may be kept on the property proVided such household pets are not kept, bred or malntarned for any commerCial purpose Each owner shall be responsible for cleaning up any excrement or other unclean or unsanitary conditions caused by said animal Every person bnnglng an animal upon or keeping an animal In his or her Lot shall be liable pursuant to the laws of the State of Oregon to each and all persons for any Injury or damage to persons or property caused by such animal All animals maintained In a Lot must be kept eltherwlthrn an enclosure, yard or patiO, or on a leash being held by a person capable of controlling the animal Section 8 - Parklnq Parking of boats, trailers, recreational vehicles, trucks, campers, motorcycles, and/or other equipment In excess of one-half of a ton In weight shall not be allowed rn any Lot, or any street adjacent thereto, except Within a fenced area as approved by the Architectural Review Committee Section 9 - Utllltv Lines All utilities serving each Lot shall be maintained u~e~rou~ r Section 10 -Vehicles In Dlsreoalr No owner shall permit any vehicle which IS In an extreme state of disrepair or which IS under repair or abandoned, to remain parked on any Lot or any street adjacent thereto for a penod In excess of 48 hours Section 11 - Rubbish and Trash No Lot shall be used as a dump for trash or rubbish of any kind All garbage and other waste shall be kept In appropnate sanitary contarners for proper disposal and out of public view Yard raklngs, dirt and other matenal resulting from landscaping work shall not be dumped onto streets or any Lot Section 12 - Temoorarv Structures No structures of a temporary character, trailer, 9 - Declaration of Covenants, Conditions and Restnctlons Date Received: JUL 1 6 2008 tent, shack, garage, barn or other outbuilding shall be permitted SJr ~~It\SflSMrln:IItW anv time as a residence either temporanly or permanently Section 13 - S,qns No signs shall be erected or maintained on any Lot except (I) Informational or promolional signs of the Declarant, (II) political signs dUring election campaigns (which shall be removed promptly upon completion of the campaign In question), (III) permanent monument entry signs erected by the Declarant, (IV) a discrete security sign or notification regarding home or bUilding secunty systems, and (v) "for sale" signs advertising an Owner's Lot r Section 14 - Pnvate Storm Ploes, Ditches, and Sewers Each Lot Owner shall be responsible for the upkeep, maintenance and repalrofthe private storm pipes, ditches, and sewer construction on the Owner's Lot, prOVided that the Lot Owner IS sole beneficiary of the storm pIpe, ditch, or sewer constructed on that Lot Section 15 - Dralnaoe 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 16 - Utilities and Utllltv Easements Easements and rlght-of-ways for Installation and maintenance of utilities, faCilities, and slgnage, are shown on the recorded plat, or otherwIse recorded In the OffiCial Records of Lane County, Oregon, Including the follOWing ) a EXisting seven foot Sidewalk and public utility easement along Oak Meadows Place as shown on the plat of Oak Breeze Estates recorded March 18, 1998, at File 75, Slides 617 and 618, OffiCial Records of Lane County, Oregon, b A seven foot public utility easement along all other street frontage, and c Other utility lines and easements as shown on the recorded plat Seclion 17 - Placement of Ulilitles Declarant discloses to all Lot owners that the placement of all utility lines and equipment, Including meters, hydrants, condUit arid piping, IS up to the sole discretion of the utility Installing such equipment, and that placement may not be centered Within easements, or on Lot corners or boundanes Lot owners are adVised that they cannot rely on placement of such equipment to delineate boundaries of lots or easements Section 18 - Access Easement There IS hereby declared a 24 00 foot Wide pnvate access and utility easement and emergency vehicle access easement over the westerly portion of Lot 2 as shown on the recorded plat to be used and maintained as follows a The owner of Lot 1 shall have the right to use 'the easement for vehicular and pedestnan Ingress and egress purposes, 10 - Declaration of Covenants, Condllions and Restnctlons b To the extent that upon construction of a residence on Lot 1, the pnmary means of access to Lot 1 IS across the easement declared herein, then the owners of Lot 1 and Lot 2 shall equally share all costs of maintenance and repairs to that portion of the easement running from the public roadway to the pOint of access from the easement Into Lot 1, c The easement IS also hereby declared for emergency vehicular purposes Accordingly, there shall be no parking or vehicles otherwise left unattended In the easement area Section 19 - Additional Rules and Reaulatlons The Committee from time to time may adopt, modify and revoke rules and regulations governing the conduct of persons, and the maintenance, Irnprovements, operation, landscaping and other use of the Lots as It may deem necessary or appropnate, In order to assure the peaceful and orderly use and enjoyment of the Lots A copy of all such rules and regulations, upon adoption, and a copy of each amendment, modification or revocation thereof, when final, shall be delivered by the Comrnlttee promptly to each Owner, and shall thereafter be binding upon all Owners and Occupants of River Grove Section 20 - Comblnlno and Subdlvldlno Lots If an Owner owns two adjacent Lots, the Owner may, at his or her option and to the extent allowed by law, combine the two Lots Into one Lot, provided the Owner first obtains all necessary approvals and consents from any governmental body having JUriSdiction over the proposed cornblnatlon, at said Owner's expense The Committee shall provide the Owner With a bUilding envelope for the newly created Lot If the -Owner constructs a liVing unit or other structures on the newly created Lot outside the setback areas and reqUired bUilding coverage areas of the onglnal Lots, the newly created Lot cannot be subdiVided unless and until all such structures and Irnprovements have been removed, and unless and until the Owner obtainS the consent of any governmental entity haVing Junsdlctlon over any aspect of the proposed diVISion, at said owner's expense With the exception of Lot 1, no Lot, other than a combined Lot created under thiS Section, shall ever be subdiVided, In law or In fact If an Owner lawfully combined two Lots as proVided herein, the Owner shall thereafter vote only one Lot until such time, If any, as the Lot IS subdlvld~ate Received: ARTICLE VI JUL 1 6 2008 Ongmal Submittal Section 1 - Enforcernent Any affected Owner of a Lot In the subdiVISion shall have full rights to enforce the covenants and restnclions contained herein In addition to the nghts of any affected Owner If any of the restrictions, covenants or conditions are Violated, or If It appears that an attempt to Violate Will be rnade, the Committee, as a Committee, also shall have the authonty to Institute and prosecute such proceedings on behalf of any owner or owners of lots In the subdiVIsion, PROVIDED HOWEVER, that neither the Committee nor the Declarant shall have any obligation to enforce any vlolalions of said covenants, conditions and restnctlons No failure to prosecute any person for any Violation or atternpted Violation shall be deemed a waiver of a right to enforce any such Violations by , General ProVIsions 11 - Declaration of Covenants, Conditions and Restnctlons " the same person or other persons The prevailing party shall be entitled to recover costs and a reasonable attorney's fees, both tnal and appellate, In any such proceeding Section 2 - Conflict In the case of conflict between these restnctlons and any zoning ordinance of any governmental body, the more restnctlve shall prevail Section 3 - Severabllltv InvalldatJon of any part of the restnctlon? shall In no way affect the remaining restnctlons Section 4 - Blndlna 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 penod of twenty (20) years from the date the declaration IS recorded, after which time they shall automatically be extended for successive penods of ten (10) years Section 6 - Amendment Except as speCifically set forth herem, 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 WHEREOF, Declarant has executed thiS Instrument on the day of , 2008 DECLARANT JOH~;( Date Received JUL 1 6 2008 STATE OF OREGON ) ) ss ) Onglnal Submittal :JUL'-/ Is ,2008 L County of Lane Personally appeared the above-named John Nepute, who acknowledged the ;~~:~:::~t:~~_e:~~~~.~~~oluntary 1ft a~d dAeed BefO?) me ~. OFFICIAL SEAL : ~/~~~ j ~ MELANIE ROSE ; j , NOTARYPUBUc.OREGON I otary Public for Oregon I COMMISSION NO 426564 9 . )._____~C.9.M~I?~I~~~P~~~~R!~~~1!.-~ Iv'-y ~""'i,\"""-UfrVlbJ 40VI20I'2- 12 - Declaration of Covenants, Conditions and Restnctlons