HomeMy WebLinkAboutApplication APPLICANT 7/16/2008
City of Springfield
Development Services Department
225 Fifth Street
Spnngfield, OR 97477
l Date Received
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JUl 1 6 2008
Onglnal Submittal
Land Division Plat
Partition, SubdiviSion
Phone: 541-729-0299
Poage Engineering & SurveVlng
Fax:
541-485-5624
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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
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SITE
Map 17-03-34-22
Tax Lot 800
North
..
bate Received:
JUl 1 6 2008
Original Submittal
~~
'val
@
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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
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-<'=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
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Order No
page... 4
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0253036
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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
.
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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
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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