HomeMy WebLinkAboutAgreement APPLICANT 8/20/2008
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POAGE
ENGINEERING & SURVEYING. INC.
PH 541/485-45Q5 FAX 541/4H5~56~4 E-MAIL kaiscr@poage.nct
'P.O. BOX 2527 EUGENE, OR 97402-0152 990 OBlE ST.
LETTER OF TRANSMITTAL
DATE August 15,2008
TO City of Springfield
ATTN Planning
RE River Grove Subdivision (SUB 2007-00064), Final Plat
We are sending you the follo~ipg:
JOB NO 3880
SENT BY Michael J. Kaiser
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COPIES DESCRIPTION
5 Final Plat (recorded copies)
"3 Other Documents (recorded wi plat, 2 development restrictions & CC&R's)
REMARKS Here is the final plat and documents that were recorded concurrently for the
River Grove Subdivision. Thanks
OB-20-0BAJO:O:
.~:; YVL-i II. {/,
Date Received:.
AUG 2 0 2008
Final Submittal
PLAT
DOCUMENT #
Division of Chief Depuly Cler,k ~nnD.1I4e~41
Lane Counly D~eds and Records 'VVU V'Uv'
111111"111111111111"11111111111111111111111111111 $96,00 .
0101 ;78320080~465410010015 08/13/200811:00:59 AM
RPR-SUBD Cnl~l Sln=6 CASHIER 07
$5.00 $70.00 $10.00 $11.00
This document is a .
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SUBDIVISION
RIVER GROVE SUBDIVISION
Owner: John N eDute
Dedicatee: City of Snrimdield
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. Twn. 17S Rng. 3W ~Sec~ 34 .
LANE COUNTY DEEDS & RECORDS
5-Lots
-L - Stickers
~ - Res. Numbers
Date Received:
AUG 2 0 2008
J
Final Submittal
AFTER RECORDING RETURN TO:
Lane County Surveyor's. Office
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After Recording Return To: ,
Poage Engineering & Surveying, Ind
P.O. Box 2527
Eugene, OR 97402
~tyiscion or Chie, Depuly Clerk
ane ounly Deeds and Records
~W1WlillI1~11WW{~11Jl~WJI"II III III
RPR-REST Cnl=l Sln-_6 ' 08/13/2008 11 :00:59 AM
CASHIER 07
,$60.00 $10.00 $11:00
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$81.00
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
I' FOR-
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, RIVER GROVE
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(llots 1 Through 5)
THIS DECLARATION made on the date hereinafter set forth by JOHN NEPUTE,
hereinafter referred to as "Declarant".
WiTNESSETH
I.
Declarant is the owner of the property known as RIVER GROVE in Lane County,
Oregon and more particularly descrioed as: .
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Lots 1-5, River Grove, as platted and recorded on . /. '< /JuG--.. ,2008,
Instrurnent Nocoo8- i/6S0 . Lane County Oregon Plat Records, in
Lane County, Oregon.
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II.
Declarant deerns it desirable iri'furtherance of the purposes set outherein to create
an organization called The Archite2tural Review Committee, hereinafter called "The
Cornmittee", to review plans and spe~ifications of buildings, fences, walls, landscape and
planning as to location and exterior d'~signwith thecleveloprnent
III.
Declarant deerns it desirable;'in furtherance of the purposes ,set out herein to
establish these covenants and restrictions which shall apply to all real property contained in
the developrnent '
NOW THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conve~ed subject to the following easements, restrictions,
covenants and conditions, which are Jor the purpose of protecting the value and desirability
of, and which shall run with, the real p~operty and be binding on all parties having any right,
title or interest i,n the described properties or any parUhereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thewof.
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ARTICLE I
Oate Received:
1 -
/ Definitions
Declaration of Covenants, Conditions and Restrictions
AUG 2 0 2008
Final Submittal
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Section 1 - "Owner": Shijlll mean and refer to the record owner, inCluding contract
" purchasers, whether one or rnore persons or entities, of the fee simple title to any lot which
is part of the properties, ir:lcluding contract sellers, but excluding those having such interest
merely as security for the perforrnance of an obligation.
Section 2 - "Property": Shall rnean and refer to that certain real property
hereinbefore described.
Section 3 - "Lot": Shall mean and refer to any plot or parc~1 of land shown on the
recorded subdivision rnap of the Property.:
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Date Received:
ARTICLE II
AUG 2 0 2008
Architectural Review Cornmittee
S . 1 D' R" Th .' h b . t d th A '!iF.insl Submittal
ectlon - eSlon eVlew: ere IS ere y crea e e rc Itectural Kevlew
. Cornmittee ("the Committee") for River GroVe. There shall be not less than two, .nor rnore
than three rnembers of the Comrnittee. The initial rnembersof the Cornmittee shall be
John Nepute and Brenda M. Nepute, The decision of any two rnembers of the Cornmittee
shall be binding, and a majority of the Comrnittee rnay designate a representative rnernber
to act for the Comrnittee. .
A Cornrnittee rnernber need not be a Lot Owner.
Members of the Cornmittee shall serve until they resign or are replaced by vote of
. the Committee or the Owners. A cornmittee member may be replaced by vote of the
Owners representing seventy-five percent of the Lots subject to these conditions,
covenants and restrictions. In any such vote each Lot shall receive one vote. Lot Owners
by vote shall replace any Cornrnittee mernber so removed.
Except where replaced by a vote of the Owners, a. Cornrnittee member rnay be
added or replaced by the vote of the other two rnernbers of the Comrnittee. The rernaining
two rnembers shall select a,repla'cernent for amember so rernoved. If a vacancy is created.
on the Comrnittee due to resignation or other cause, the rernaining cornmittee rnernbers
shall select a replacernent. .
Section 2 - Puroose and Authority: The prirnary purpose of the' Cornmittee shall be
to review all subrnissions to the Comrnittee by all owners and builders of lots in River Grove
pursuant to the Cornmittee ReviewProcess as set forth in Article III hereinbelow.,
Section 3 - Cornrnittee Aporoval. Reouired" No construction, construction
preparation, building, fence, wall, patio, deck, pool, spa, heat purnp, antennae, awning,
screen, trellis, satellite dish or other structure, including withbut Iirnitation any improvernent
orfixture, shall be cornmenced, installed, or erected on any Lot ir:l River Grove: nor shall
any exterior addition to, or change or 'alteration therein, be made to any existing structures,
irnprovements, or fixtures; nor shall any clearing, tree, removal, grading, or landscaping of
, any Lot be cornrnenced; until all cornplete and detailed plans therefor have been subrnitted
to and approved in writing by the Cornrnittee.
2 - Declaration of Covenants, Conditions and Restrictions
In th'e event that any Owner or contractor fails to obtain such approval as provided
herein, the Cornrnittee shall have the right to require the Owner of the Lot upon which the
unapproved improvernent is placed to rernove said irnprovernent, and shall have all
enforcernent rights provided by law, including the right to pursue injunctive relief.
Notwithstanding,this Section 3, no approval shall be required to refinish an exterior
surface in accordance with a color scherne previously approved in writing by the
Cornmittee, or to rebuild an irnprovement in accordance with plans previously approved in
writing by the Cornmittee; and nothing contained inthis Section shalllirnit the right of an
Owner to rernodel the interior of his living unit or to paint the interior of the living unit any
color desired, except with regard to noise abaternent and reasonable restrictions 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 Comrnittee
, _ referenced in Section 2 hereinabove, th~ Cornmittee may, from time to tirne, adopt written
rules and regulations of general application governing its procedures which shall include,
among other things, provisions for the forrn and content of applications; required content
and nurnber of copies of plans and specifications; provisions for rnandatory on-site
Cornrnittee 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 docurnent may be relied upon by
Owners and the Cornmittee in connection with the preparation, review. and approval of
plans. '
Section 5 - Additional Desian Criteria: The Cornrnittee rnayalso, frorn tirne to time,
adopt, arnend, rnodify or revise additional design criteria for any irnprovernents, lotclearing
and landscaping in River Grove. Tnese additional design criteria, when adopted, shall be
contained in the "Design Guidelines 'and Construction Regulations." These additional
design criteria shall serve to implernent and clarify the policies and principles contained
herein. The "Design Guidelines and Construction'Regulations" shall be enforceable as
rules and regulations. No such additional design criteria or arnendrnent, rnodification or
revisio'ns of such criteria shall be construed to require destruction of structures,
improvements, or landscaping approvedpriorto the adoption and publication, but they may
affect rnaintenance or improvements"to such things which do not require destruction.
Section 6 - Variances and Waivers: The Cornrnittee may, in its sole discretion,
grant reasonable variances or waivers frorn the provisions set forth herein, where: (a) literal
application thereof results in unnecessary hardship; and (b) where the granting thereofw(1I
not be rnaterially detrirnental or injurious to all other Owners of other Lots. All variances or
waivers shall contain findings of fact by the Cornmittee, setting forth each criterion for
variance or waiver considered, shall be ,in writing, and shall be signed by the Cornmittee, in
order to be valid. Date Received:
ARTICLE III
AUG 2 0 2008
Final Submittal
Section 1 - ADDroval Reauirernent: As provided inArticle II, no site or structural
3 - Declaration of Covenants, Conditions and Restrictions
Cornmittee Review Process
improvernents shall be rnade to any Lot, and no applicatiolis for perrnits for such
improvernents shall be filed until such improvernents have been approved by the
Cornmittee. The process for obtaining the approval shall be as set forth in this Article III.
Section 2 - Preliminarv Meetina: When residential construction' or-remodel to an
existing residence is being planned, a prelirninary rneeting with the Committee is
recornrnended for the purposes of discussing design considerations, materials and
specifications, and the review process itself. The goal of the meeting would be to resolve
any issues prior to submission and strearnline the approval process. '
Section 3 - Submission of Reauired Plans: For construction or alteration of any
improvernents, one (1) cornplete 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 subrnitted to the Cornmittee for review and approval. Said plans
and specifications shall include the location of alLimprovernents, if any, existing upon the
Lot, the location of the irnprovernent proposed to be constructed, the existing and finish
grade, the color and composition of all exterior materials to be used, proposed landscaping
to be introduced or existing vegetation to be rernoved, and any other inforrnation which the
Cornmittee rnay require, including soil., engineering, - and "geologic reports and
recornrnendations.
For initial landscaping or rnajor reclandscaping (including without limitation re-
contouring of any Lot, rernoval, clearing or trirnming existing vegetation, and placernent 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 materials proposed for rernoval or
placernent shall be submitted to the Cornmittee for review and approval. '
Section 4 - General Desian Criteria: In general, the quality and workmanship and
design of irnprovements and landscaping should be in harrnony with the external design
and ,location of existing structures, in cornpliance with the construction and Specific Design
Criteria,set forth in Article IV, and ili harrnony with the unique character and appearanc;:e of
River Grove.'
Section 5 - Committee Approval: Timina: The Comrnittee shall rnake 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 Cornmittee fails to approve or,
disapprove plans and specifications in writing within sixty (60) days after all information
requested by the Cornmittee in connection with the application has been submitted, the
'Cornrnittee's approval shall be deerned given.
Section 6 - Grounds for Disaoproval:' The Cornrnittee may disapprove any
application:
a. If such application does not comply with the requirernents of Article III,
Section 3. herejnabove, or otherwise fails to provide the Committee with ;;uf:ficient. .
information to approve the application. , , Uate Kecelved.
AUG 2 0 2008
4 - Declaration of Covenants, Conditions and Restrictions
Final Submittal
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b. If such application does notcornply with .the provisions of this Article III,
including without Iirnitation, all provisions of the "Design Guidelines and
Const[uction Regulations" as,may be adopted by the Declarant and amended by
~the Committee.
, c. Because of the reasonable dissatisfaction of the Cornmittee with grading
plans, location of the proposed improvernent on a Lot, finish ground elevation, color
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scheme, "finish, design, proportions, architecture, shape, height or style of the
. proposed irnprovernent, the materials used therein, the kind, pitch, or type of roof
proposed to be placed thereon; or '
d. If, in the judgrnent of the Cornmittee, subjectively rneasured but reasonably
exercised, the proposed improvement will not be harrnonious with River Grove or
with the irnprovements erected on other Lots in River Grove.
, Section 7 - Certificate of Cornoliance: All construction shall be completed within
twelve (12) rnonthsof the starting date of construction. At any tirne prior to cornpletion of
construction of any irnprovernent, the Cornmittee may require the Owner to deliver
certification frorn a licensed surveyor that such irnprovement does not violate any building
coverage or set-back rule, ordinance or statute, nor encroach upon any public or private
easernent or right-of-way of record,
Section 8 - Limitation of Liabilit\f: Notwithstanding the approval by the Cornrnittee of
any construction plans and specifications hereunder, or its inspection of the work in
progress, or failure to do so, neither the Cornrnittee, 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 rnaterials subrnitted to the
Cornmittee: 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 E!Pproved shall defend,
indemnify, and hold the Comrnittee, the rnernbers thereof, and Declarant'harrnless from
any and all liability arising out of, regarding or pertaining to such construction, regardless of
description; including without lirnitation the duty to so indernnify for all. reasonable
attorneys' fees and' costs incurred in defense, and regardless of whether Court
proceedings occur. ' Date Received:
, ARTICLE IV
AUG 2 0 2008
Construction and Soecific Desiqn Criteria
Final Submittal
Section 1 - Commencement of Construction of Livino Unit: Each Owner, other than
Declarant, shall <:;ornmence construction of'a living unit on the Lot within eighteen (18)
rnonths of the date on which the Declarant first conveyed the Lot to any Owner. If an
Owner fails to cornply with this Section, the Comrnittee may, after giving the Owner at least
thirty (30) days written notice, cause .the Lot to be landscaped in such a manner as the
Cornmittee and the Architectural Review Cornrnittee deem appropriate, including (without
limitation) the rernoval or trirnrning of existing vegetatiol1 and the pla'nting of new
vegetation. The Cornrnittee shall assess the Owner with the actual cost ofthe landscaping,
which assessrnent shall be due and; payable on dernand; provided, that the foregoing
5 - Declaration of Covenants, Conditions and Restrictions
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assessrnent'shall not exceed the sum bf $5,000.00,
Section 2 - Comoletion of Construction: Construction of any,irnprovement, once
cornrnenced, shall be pursued diligently to completion. Irnprovernents not completed within
twelve (12) rnonths after cornrnencement, 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 destruction; shall be deerned
nuisances or abandoned, as dictated by the facts presented. The Cornmittee rnay then
require an Owner to rernove any such nuisance or abandoned improvernent; or rnay repair
or complete the improvernent and assess the Owner for the actual costs thereof; any such
assessment shall be due and payable on dernand.
Section 3 - Comoletion of Landscaoino: Each Owner shall cornplete the landscaping
of his Lot within 60 days of substantial cornpletion of the living unit on the Lot, provided
that, if substantial cornpletion occurs between October 1 and May 1 of the next year,
landscaping shall be cornpleted,within 60 days of May 1 irnrnediately succeeding the date
of substantial completion.
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Section 4 - Architectural Review Cornmittee Aooroval: No living unit shall be
occupied until the exterior (other than landscaping) has been completed in cornpliance with
the Cornmittee's approval of the plans and specifications for such exterior, pursuant to
Articles III; and until a certificate of occupancy has been issued by any governrnentai
agency with authority over rights of occupancy.
Section 5 - Sinole Familv Livino Units' Attached Garaoes: Only single-farnily
residential units shall be perrnitted on:rany Lot. No rnultiple residential buildings or zero lot
line developrnent shall be permitted on any Lot. Each living unit shall ,have a full car
garage,accornrnodating a minimurn of two, and a rnaximurn of four vehicles. No detached
structures of any kind, other than a garage, pool house, gazebo, spa, or sirnilar structure's,
shall be permitted, No rnobile homes, rnanufactured hornes,. trailers, or other living units
rnanufactured off-site shall be perrnitted to be used as living units on any Lot. '
Section 6 - Heioht: The residential units on Lots 1 and 2 shall be'lirnited to one
story in height. The residential units on Lots 3, 4 and 5 shall be lirnited to two stories in
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Section 7 - Sidewalks: All sidewalks shown on the recorded plat, other than those
. constructed byDeclarant, or his predecessors, shall be the responsibility ofthe Owner. Ail
sidewalks shall be constructed in cornpliance with applicable codes then in effect.
Section 8 - Area: The,f1oor area (exclusive of garages, patios, decks, and porches)
of each Residential Unit shall not be less than 1,450 square feet
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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
Springfield approval. Ih addition, the design of each structure shall strive to presep.{e sol~ . .
access for all adjacent Lots to the extent possible. No carports will be allowed uate ~ecelved.
AUG 2 0 2008
6 - Declaration of Covenants, Conditions and Restrictions
Final Submittal
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Date ReceiveCl:
AUG 2 0 2008
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Section 9 - Hedaes:No hedges or other planting along the boundarien~ir~~yb(l6~tal
shall be perrnitted without the prior approval of the Architectural Review Cornmittee,
Section 10- Fencina: 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 rnust consist of rnaterials and be of a design approved by
the Architectural Review Cornniittee.
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 houselgarage,
extending from said rear corner to the rear property line.
. Section 11 - Sidino: Approved siding and exterior wall material shall include natural
wood, stucco or synthetic equivalent engineered wood ern bossed to resernble natural
wood siding, brick or cultured stone. 'T1-11 siding shall not be allowed.
Section 12 - Roofino Material: Approved roofing materials shall consist only of
cornposition roofing with a life of 25 years or more. Colors shall be subject to approval of
the Architectural Review Cornrnittee.
Section 13 - Fencino Material: Approved fence rnaterial shall be Iirnited to wood or
brick and the design shall be subject to approval of'the Architectural Review Cornrnittee.
Section 14 - Roof ShaDe: Every roof shall have a minimurn pitch of 4 in 12, except
for a maximum flat roof area of 10% of inte~ior square footage area (including garage).
.No roof overhang shall extena closer than three (3) feet frorn comrnon property
lines.
Section 15 - Exterior Wall Colors: All exterior wall colors shall be subdued. Bright or
garish colors are prohibited except for small accent or trirn iterns. All exterior wall colors
shall, in any event, be subject to approval of the Architectural Review Comrnittee.
Section 16 - Exterior Liohtina:,No bright 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 - HV AC: No heating, ventilating or air conditioning equipment shall be
perrnitted on any roof.
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Section 18 - Radio and Television Antennae: No external antennas or related
equipment, towers, poles or any structure to be used for the purpose of transrnitting or
receiving radio, television or related signals shall be installed, affixed, rnounted or
constructed on a Lot, unless approved by the Comrnittee. In considering whether to
approve applications, the Cornrnitteeshall consider and give great weight to protection of
views of other Owners and considerations of aesthetics and uniforrnity of appearance in
the Lot Comrnunity. .
7 - Declaration of Covenants, Conditions and Restrictions
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Section 19 -Satellite Dishes:'AII satellite dishes shall be one meter or less in
diarneter and shall be screened from view of neighboring properties to the rnaxirnurn extent
perrnitted by law. The location of satellite dishes shall be subject to the prior approval of
the Architectural Review Cornrnittee,
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Section 20 - Storaae Tanks' No tankforthe storage offuel shall be installed outside
any structure on the Lot nor shall such a tank be buried below the surface of t5am~~i(:eived:
, ARTICLE V
AUG 2 0 2008
Final Submittal
Section 1 - Governrnent Restrictions: All uses, occupancy, construction and other
activities conducted on any Lot shall be in conformance with and be subject to applicable
zoning, use restriction, construction and building codes of the City of Springfield and Lane
. County, Oregon, and any other governrnental authority, and further to the restrictions of all
other applicable public authorities, iricludil)g but not Iirnited to the State of Oregon and
United States of Arnerica, and to the extent the following restrictions may be in conflict
therewith, the same shall be deerned rnodified thereby, All uses rnust cornply with any
agreernents entered into with the City of Springfield regarding the Property.
Use Restrictions and Obliaations
Section 2 -Irnorovernents Permitted: 'No irnprovernents shall be erected or perrnitted
to rernain on any Lot except irnprovernents consisting of or containing a residential unit and
irnprovernents norrnally accessory thereto, including any accessory unit, which may be
allowed pursuant to Springfield Code. The provision of this ~ection shall not be construed
to prohibit construction of a private greenhouse, storage unit, private swirnming pool or
structure for the storage of a boat, camping trailer, andlor recreational vehicle, so long as
suchimpro\(ernent is otherwise in .compliance 'with this declaration' and applicable
- governmental requirernents. However, no carports are allowed.
Section 3 - Residential Use: Except as provided in this section, lots shall be used
solely' for residential purposes. "Without Iill)iting the generality of the foregoing no trade,
craft, business, professional,cornrnercial or sirnilar activity of any kind shall be conducted
on any Lot nor shall any goods, equipment, vehicles. rnaterials, 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 Iirnit (i) activity relating to the.sale of Lots or
the rental of residential units as allowed by these Covenants, Conditions, and Restrictions;
(ii) the' right of Declarant to construct Residential Units on any Lot or to store construction
rnaterials and equipment on any such Lot in the norrnal course of construction; or (iii) the
right of any owner to rnaintain a personal professional library, handle business or
professional telephone calls or confer wHh business or professional associates, clients, or
customers from his 'or her residential unit.
Section 4 - Leasina and Rental of Lots: Should an owner lease his lot, any lease
agreement shall be required to provide that the terrns 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 cornply with the terrns of such documents shall be a
default under the lease and that the Architectural Review Cornmittee, at its sole discretion,
8 - Declaration of Covenants, Conditions and Restrictions
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AUG 2 0 2008
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shall have the right to require terrnination of the tenancy in the event of any sue breach by
the tenant.
Section 5 - Landscaoino and Maintenance: Each owner and/oroccuparit shall
rnaintain his or her Lot and the irnprovements thereon, at his or' her expense. Required
maintenance and repair shall include without limitations (i) rnaintenance of all parking
areas, private drives, curbs, and walkways in accordance with this Declaration and in a
clean and safe condition, including cleaning and repairing as often as necessary; (ii)
rnaintenance of landscaping, specifically including all landscaping along the panhandle
portion of Lot 2, in an attractive, neat, orderly, trimrned, and cut condition at all tirnes, free
of brush, weeds, and debris; (iii) cleaning, rnaintenance, and relarnping of any exterior
lighting fixtures; and (iv) rnaintenance of exteriors of buildings in an attractive and neat
condition at all tirnes.
Section 6 - Offensive Activities: No noxious, offensive or illegal activity shall be
carried onin the Developrnent, nor shall anything be done or placed upon. any Lot, which
interferes with or jeopardizes enjoyrnent of other owners or occupants.
Section 7 - Dornestic Animals: No animals, livestock, or poultry of any kind [)lay be
grazed, bred or kept on the Property. Dogs, cats, or other tarne, dornestic household pets
rnay be kept on the property provided such household pets are not kept, bred or
rnaintained for any commercial purpose. Each owner shall be responsible for cleaning up
any excrement or other,unclean or unsanitary conditions caused by said anirnal. Every
person bringing an anirnal upon or keeping an anirnal 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 anirnaL' All animals maintained in a Lot
rnust be kept either within an enclosure, yard or patio, or on a leash being held by a person
capabie of controlling the animal. '
Section 8 - Parkina: Parking of boats, trailers, recreational vehicles, trucks, carnpers,
, rnotorcycles, and/or other equiprnent in excess of one-half of a ton in weight shall not be
allowed in any Lot, or any street adjacent thereto, except within a fenced area as approved
by the Architectural Review Cornrnittee.
Section 9 - Utilitv Lines: All utilities serving each Lot shall be maintained
underground, '
Section 10 -Vehicles in Disreoair: No owner shall perrnit any vehicle which is in an
extrerne state of disrepair or which is under repair or abandoned, to rernain parked on any
Lot or any street adjacent thereto for a period in 'excess of 48 hours. '
Section 11 - Rubbish and Trash: No Lot shall be used as a durnp for trash or rubbish
of any kind. All garbage and other waste shall be kept in appropriate sanitary containers
for proper disposal and out of public view. Yard rakings, dirt and other material resulting
frorn landscaping work shall not b.e durnped onto streets or any Lot.
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Section 12 - Ternoorarv Structures: No structures of a ternporary character, trailer,
9 - Declaration of Covenants, Conditions and Restrictions
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AUG 2 0 2008
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tent, shack, garage, barn or other outbuilding shall be perrnitted or used ihl~~y5tgf"~r~lny
tirne as a residence either ternporarily or permanently. /'
Section 13 - Siqns: No signs shall be erected or maintained on any Lot except (i)
inforrnational or prornotional signs of the Declarant; (ii) political signs during election
campaigns (which shall be rernoved promptly upon completion of the carnpaign in
question); (iii) permanent rnonurnent entry signs erected by the Declarant; (iv) a discrete
security sign or notification regarding home or building security systerns; and (v) "for sale"
signs advertising an Owner's Lot. '
Section 14 - Private Storrn PiDes, Ditches. and Sewers: Each Lot Owner shall be
responsible for the upkeep, rnaintenance arid repair of the private storrn pipes, ditches, and
sewer construction on the Owner's Lot, provided that the Lot Owner is sole beneficiary of
the storrn pipe, ditch, or sewer constructed on that Lot.
Section 15 - Drainaqe: 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 rnake 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 tirne the overall grading of said subdivision was cornpleted '
by the undersigned Declarant." '
Section 16 - Utilities and Utilitv Easements: Easernents and right-of-ways for
installation and maintenance of utilities, facilities, and signage, are shown on the recorded
plat, or othelWise recorded in the Official Records of Lane County, Oregon, including the'
following: '
a. Existing seven foot sidewalk and public utilityeasernent 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 easernent along all other street frontage; and
c. Other utility lines and easernents as shown on the.recorded plat.
Section 17 - Placernent of Utilities: Declarant discloses to aliLot owners that the
placement of all utility lines and equiprnent, including rneters, hydrants, conduit and piping,
is up to the sole discretion of the utility installing such equiprnent, and thatplacernent may
not be centered within easernents, or on :Lot corners or boundaries. Lot owners are
advised thaUhey cannot rely on placernentof such equiprnent to delineate boundaries of
lots or easernents.
Section 18-'Access Easernent: There is hereby declared a 24,00 foot wide private
access and utility easernent and ernergency vehicle access easement over the westerly
portion of Lot 2 as shown on the recorded plat to be used and rnaintained as follows:
,
a. The owner of Lot 1 shall have the right to use the easement for
vehicular and pedestrian ingress and egress purposes;
10 - Declaration of Covenants, Conditions and Restrictions
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AUG 20 2008
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Final Submittal
b. To the extent that upon construction of a residence on Lot 1, the
pr:imary rneans of access to Lot 1 is across the easernent declared herein,. then the
owners of Lot 1 and Lot 2 shall equally share all costs of rnaintenance and repairs
to that portion of the easernent running frorn the public roadway to the point of
access from the easernent into Lot 1 ;
c. The easement is also hereby declared for ernergency vehicular
purposes. Accordingly, there shall be no parking or veh'icles otherwise left
Unattended in the easernent area.
Section 19 - Additional Rules and Reaulations: The Cornmittee frorn tirne to time
rnay adopt, rno,dify and revoke rules and regulations governing the conduct of persons, and
the maintel}arice, irnprovernents, operation, landscaping and other use of the Lots as it
may ,deern riecessary or appropriate, in order to assure the peaceful and orderly use and
enjoyrnent of th'e Lots, A copy of all such rules and regulations, upon adoption; and a copy
of each amendrnent, modification or revocation thereof, when final; shall be delivered by
the Cornmittee prornptly to each Owner, and shall thereafter be, binding upon all Owners
and Occupants of River Grove. '
Section 20 - Cornbinina and SubdividinQ Lots: If an Owner owns two adjacent Lots,
the Owner may, at his or her option and to the extent allowed by law, cornbine the two Lots
into one Lot; provided the Owner first obtains all necessary approvals and consents from
any governrnental body having jurisdiction overthe proposed cornbination, at said Owner's
e'xpense. 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 ofthe original Lots, the
newly created Lot cannot be subdivided unless and . until all such structures and
irnprovements have been rernoved; and unless and until the Owner obtains the consent of
any governrnental entity having jurisdiction 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 voteohly one Lot until such tirne, if any, as the Lot is'subdivided.
ARTICLE VI
General Provisions
Section 1 - Enforcernent: Any affected Owner of a Lot in the subdivision shall have
full rights to enforce the covenants a'nd restrictions contained herein. In addition to the
rights of any affected Owner if any of the restrictions, covenants or conditions are v'iolated,
or if it appears that an attempt to violate will be made, the Cornmittee, as a Cornrnittee,
also shall have the authority to institute and prosecute such proceedings on behalf of any
'owner or owners of lots in the subdivision, PROVIDED HOWEVER, that neither the
Cornmittee nor the Declarant shall have any obligation to enforce any violations of said
covenants, conditions and restrictions, No failure to prosecute any person for any violation
0; atternpted violation shall be deerned a waiver of a right to enforce any such violations by
11 - . Deciaration of Covenants, Conditions and Restrictions
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the sarne person or other persons. The prevailing party shall be entitled to recover costs
and a reasonableattorney's fees, both trial and appellate, in 'any such proceeding.
, Section 2 - Conflict: In the case of conflict between these restrictions and any
zoning ordinance of any governrnental body, the rnore restrictive shall prevail:
Section 3 - Severabilitv: Invalidation of any part of the restriction? shall in no way
affect the rernaining restrictions.
Section 4 - Bindina Effect: The,provisionsherein 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 - Tirne: This Declaration shall run for the benefit of each of the lots
affected and shall control the use of the lots for a period of twenty (20) years frorn the date
the declaration is recorded, after which tirne they shall automatically be extended for
successive periods of ten (10) years,
, ' Section 6 - Arnendrnent: Except as specifically set forth herein, this Declaration may
be arnended by an instrurnent 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 instrurnent on the /5
day of -:;;;1; " 2008. ,.' , . ,
DECLARANT '
JOH~
."
STATE OF OREGON
County of Lane
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) ss.
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,2008
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Personally appeared the above-narned John Nepute, who acknowledged the
~~regOin~~~t:~rn_e~~~~~~~ voluntary fta~d dl\eed. Before me.
i .' OfFICIAL SEAL --;>) I~~~
I ." 0 , MELANIE ROSE ': ' .
I '...) NOTARY PUBLIC" OREGON ': Notary Public for Oregon
I ' ,,/ COMMISSION NO, 428584 ': , " D t R . d
; M!.C2M~I~!~N~~~~EJ.A?R~~~~~_':. (lAY V'YOM'<;"crvY-'-1pvib) 4p,V/2.f!I2- a e ecelve :
AUG 2 0 2008
12- Declaration of Coven~nts, Conditions and Restrictions
Final Submittal
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Division of Chi.. Depuly Clerk
Lane Counly Deeds and Records
~~~~.~~QO~J
$31. 00
After Recording Return To:
Poa{!e Enlrineerin{! & Survevin{!. Inc..
P.O. Box 2527. Eu{!ene. OR 97402
11111111111111111111111111111 II 1111111111111111
010187912008004'543002'028 .
RPR-REST Cnl=l Sln=6 CA2~f~~/~~8 11 :00:59 AM
$10,00 $10,00 $11.00
;
DECLARATION OF DEVELOPMENT RESTRICTION REQUIREMENT
John Nepute, DECLARANT, is the owner of the following described property:.,
Lot I of River Grove Subdivision as recorded /3 Aoc.. .2008 on
Document No.2oo8 - <;(6":5 V/ , Lane County Oregon Official Records.
ALSO:,
Lot 13 OAK TREE SUBDIVISION, as platted and recorded in File 73, Slides 781 and 782,
Lane County Oregon Plat Records,
In order to ensure compliance with zoning requirements for R-l Low Density Residential Zoning
as specified in the Springfield Development Code and stipulated in Condition NO.5 of the City of
Springfield Plannmg Approval Journal No. 2007-00064, for the River Grove Subdivision, the
DECLARANT is creating the following development restriction over Lot 1 of the River Grove
Subdivision, recorded /c5 "lie/G. ,2008, on Document No. 2008-'Y"6SW.
Lane County Oregon Official Records, regarding the use ofthose parcels for residential purposes:
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, The accessory structure located on Lot 1 of said River Grove Subdivision may
remain as long as there is a residential structure to which it is accessory to. In order
to be considered as accessory to a residential unit, the accessory structure must be
on the same lot as the residential unit, or be on a lot that remains in common .
ownership with a lot containing a resi~ential structure. Prior to the sale of said Lot
1 of River Grove into separate ownership from Lot 13 of said Oak Tree Subdivion,
the owner shall: .
1) Obtain a new permit for a residential structure on Lot 1 for which the
existing accessory structure would be accessory to. The permit for the new
home shall include a provision that the accessory structure can only remain
if the new residential structure receives final occupancy, or
Prior to the sale of Lot 1 into separate ownership, the accessory structure on ,
Lot 1 shall be removed, or
Prior to the saJe.ofLot I into common ownershlp with an adjacent legal lot,
, release the use restriction created by this instrument and record another use
restriction that requires the existing accessory structure on Lot I remain
under common ownership with an adjacent legal lot that has an existing
~m~or .
Obtain a new permit for a residential structure on an adjacent legal lot for
which the -existing accessory structure would be accessory to. The permit
for the new home shall include a provision that the accessory structure can
only remain if the new residential structure receives final occupancy and
2)
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3880use res1.wpd
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includes release of the' use restriction created by this instrumeni and records
another use' restriction that requires the existing accessory structure on Lot 1 ,
remain'under common ownership with the lot obtaining the permit for the,
new residential structure.
This Declaration 'of a Development Restrictio~ Requirement may only be amended or rem.oved by
the following actions: . ,
A) Perfomiance of the above required conditions 1),2),3) orA), or
~.) Written permission from the City of Springfield Planning Director or their designee's.
In the case of any conflict betWeen this requirement and any zoning ordinance or code of any
governmental body, the more restrictive shall prevaiL:
The provisions of this instrument touch, concem,aQd relate to the use of Lot 1 ofsaid River Grove
Subdivision, and are.intended to be covenants and restrictions running with the land.
All provisions of tllis instrument, including the benefits and burdens, are binding and enure to the
heirs, successors, assigns, transferees of the owners of Lot 1 of said River Grove Subdivision.
IN WITNESS WHEREOF, the parties hereto have set their hand and seal this
of ,TULY , 2008.
BY J"~r
lS+h
day
Date Received:
AUG 2 0 2008
STATE OF OREGON
)
) ss.
)
Final submittal
COUNTY OF LANE
On this I c:; ~ day of JUL'-/ ' 2008 there appeared before me, a
I ' ,
Notary Public 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
1<1 Mg~~~~c%E ."
\../ IlOTARYPUBUC. OREGllIf
.. , COMMISSION NO. 428584' "
'... = ~ .. .. WCQM~I~~I~ EXP~~~ 3l!c 2012
fvJ(t~~
Notary Public for Oregon
My Commission Expires: 4'( ~V {2-D/?
3880use res1.wpd
Page 2 of 2
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Division' of Chief Depuly Clerk
Lane Counly Deeds and Records
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$31. 00
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1111""111111'111111"11111111111""11111111111
01018792210800465440020025 '
RPR-REST Cn'l_-lSln_-6 . 08/13/2008 11 :00:59 AM
, CASHIER 07
$10.00 $10.00 $11.00
After Recording Return To:
PoaQe EnlZineerinQ & SurvevmQ. Inc..
P.O. Box 2527. EUQene. OR 97402
DECLARATION OF DEVELOPMENT RESTRICTION REQUIREMENT
John Nepute, DECLARANT, is the owner of the following described property:
Lot 2 of River Grove Subdivision as recorded /.J Aoc- ,2008 on
DocumentNo. ,2008- Y"'65'id< , Lane County Oregon Official Records.
. . '-
In order to ensure compliance with zoning requirements for R-l Low Density Residenti'al Zoning
as specified in the Springfield Development Code and stipulated in Condition No.'s 3 & 4 of the
City of Springfield Planning Approval Journal No. 2007-00064, for the River Grove Subdivision,
I . -
the DECLARANT is creating the following development restriction over Lot 2 of the River Grove
Subdivision, recorded ./? Aoa., . 2008, on Document No. 2008- 4/6.50'"
Lane County Oregon Official Records, regarqing the use of those parcels for residential purposes:
Prior to the final occupancy for a home on said Lot 2 of River Grove Subdivision,
the owner shall:
I) Pave driveway to meet minimum standards as required by City of
Date Received: Springfield Fire Life and Safety, and
2) Construct and connect all utilities to serve home on Lot 2 along the
AUG 2 0 2008 panhandle to publiCly owned facilities located at the public right of way in
. accordance with local and state requirements for such utilities and per utility
company standards and'satisfaction,
Final Submittal
This DeClaration of a Developmel1t Restriction Requirell).ent may only be amended or removed by
the following actions:
A.) Performance of the above required conditions I), and 2), or
c
B.) Written permission from the City of Springfield Planning Directbr.or their designee's.
In the case of any conflict between this requirement and any,zoning ordinance or code of any
governmental body, the more restrictive shall prevail.
, The provisions of this instrument touch, concern, and relate to the use of Lot 2 of said River Grove
Subdivision, and are intended to be covenants and n:stri'ctions running with the land.
All provisions. of this instrument, inCluding the benefits and burdens, are binding and enure to the
heirs, successors, assigns, transferees of the owners of Lot 2 of said River Grove Subdivision.
3880use res2.wpd
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IN WI~ESS WHEREOF, tile parties hereto have set their hand and seal this
of . 2008.
day.
. .Yll~
BY: /"
John~e .
STATE OF OREGON
)
) ss.
)
COUNTY QF'LANE
On this 1?-\-0 day of ' cIUU./ .200.8 there appeared before me, a
Notary Public for the State of Oregoh, County of Lane the hereon namedJohn Nepute, known to
me or proved.to)Ile on a satisfactory basis to be thesame person whci,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) OFfiCIAL SEAL ,
I MELANIE ROSE ,
j NOTARY PUBUC. OREGON. ,
I' COMMISSION NO. 4285a4 ,
, MY COMMISSION EXPIRES APRil 30, 2012 I
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3 880use res2. wpd
hJ()~~,
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Notary Public for Oregon
My Commission Expires: 4 ('Ali!')..(J 12
, Date Received:
,
AUG 2 0 2008
, '
Final Submittal
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