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HomeMy WebLinkAboutPacket, Pre PLANNER 11/8/2006 t> " <~ ~ ' " PRE-SUBMITTALPLAT DISTRlBUTIONLIST: Date Distributed: ' II-~ -0 Co /' Dave Puent- Building " ,,', /' Gilbert Gordon/Melissa Fechtld --.: Fire, / Gary McKenney - Traffic' / Matt Stouder:- Public Works/Engif.leering, 'V Les Benoy - Public W orks/Engineering ~ Bart McKee, Spfld Utility Board (Water) , V Ed Head, Spfld Utility Board (Electric) " , v/Dennis Ernst/Jon Driscoll, Surveying', Planner, " ,C}~', ' City of Springfield Development Services Department 225 Fifth Street , Springfield, OR 97477 541-725-3753 Pho!le 541-726-3689 Fax Pre-Submittal Meeting , - CaseNumber Assigned: PRE2006-00095 ," Date Submitted: 11/8/2006 Project Name: , '<:.S-rA"T'iS , KING HENRY COURT SUBDIVISION 4 Pre-Submittal Meeting for Subdivision flat - subdivide 1 lot into 10 lots Project Description: .... Application Type: Job Address: Subdivision Plat Assessor's & Tax Lot #: 1888 HAYDEN BRIDGE RD 1703243401100 DISCLAIMER: Applications will not be exempt from Development Code or proce?u,al amendments that may occur' , between the time of the Pre-Submittal Meeting and Submittal of the Application for Development Review, Please,contact our office a'. 54\-726-3753 with any questions or concerns, ,', ; :',,' ,'" ,... , A Planner will be assigned the following business day'and will contact you to, confir~ t?e meeting date and time. PlanJ6bPrint.rpt , ' 11/8/2006, 1:34:14PM ~_.;." ,Pre:..Submittal Meeting " , Development Services Department ,,", Room 615/616 PRE-SUBMITTAL MEETING DATE: Friday, November 17, 2006, 1. PRE-SUBMITTAL MTG #PRE2006-00095 (SUB PLAT) DREWsiG &R BLDG Assessor's Map: 17-03-24-34 TL 1100 " ' Existing Use: Vacant Address: 1888 Hayden Bridge Road " ' Applicant submitted plans to piat 10-10t SFR subdivision, King Henry'sE~tates (on, subdivision tentative was called KingHenry's Court Subdivision) , ' " Meeting Date/Time: Friday, November17, 2006 DSD 616 Jl:00 - noon Planner: Jim Donovan ' ," ' , ., '.~' c' ~" . " !.; ", '.". ", ..,. " .: '- , ' ", " '. ., :.'''- "': . ",' .f ,,' . City of Springfield ,',' , , Development Services Department " 225 Fifth Street, ' , ' ' Springfield,OR'97477 , , , SPRINGFIEL.D ;'t_ -.:.~ < . . , ."-'. Land Dhiision Plat Applic(3tion, Type II ' ~;'~ll~r;1m~f:_"'. , , Subdivisiol) Plat:. . ~, SubdivisionReplat Plat: '", D. ,", 'Partition Plat: . 0 . ' :' " Partition ~eplat Plat': 0 ',,; ~tmm~," ..~~I~';,r~!Zl;;f;j;f:'f.JI;1;)~f~:_r Applicant Name:, ,',W...\-1-,1)~...v-'S", ", '" ".I~'"'''' Company: ' G,- ~ \2;.,', ~<...\\&.\^", Co.u.~( :t"c JF~'X: - , I "'63 :..~t::2.-'S' -I'~- Add~ess: ' \~ ?'S, r:\' y~".(\~, f,,~.L:; {."':'(j~f"I 'I () ~ "'\-:,'10[, ,'. APPli~a~es Re~.; I. ~\~,\J~i'\ \L<fv..<)lA " ',' IPhori~: I b'6(,-''171I' Company: "I ., y..:;.,.,k ',.:...~ 'A~f~<-;J:l\; jFax: '-I' YS'1-'463\ Addres's: ,', I', '1."f'U-~" '1'1 l\)Q~ ,i,~.'~"'" oe' Cfr4,,-Z- , ~::::~y~':'n';' J . .S~ -r;;:: ~&\'<-C~. i~'\: - . 'I :::~,: l~::; ~b:~'l-c, , 'fY \ ' \ ' ], Address: !J.e... \' 4,,~^.. f--LI ~.t';"'" D:!lC\'1YO! ' :I),.','v": ..:)., ,'" ., ," ",," :.'.. ',' ,".'-, ..,," " ASSESSOR'S MAP NO:' \7- 0":>-2 '-{- 3"1 Property Address: '\-a~<6 ~""'j ,le,,, Size of Property: I ,) ~ ' I' Proposed N,arTI,e of Subdivision: ' "-,l-l&- ~~N(l'i' <" '.C""". ::,';./..-.' .:...',;:.",:.:",.,.,:....... ...... , . ,':-to ci-,',{,Ju...:1 \e,'<\~ \.;;1: \':-,-,\:p \0 Description of \" .;.J:,\ \ Proposal: ' ,t;-vu)..- -n c"....yc:f"~'- j,., f......\> .. ~ TAX ,LOT NOeS):, JtDb 9)....,kQ~, - . - - (..) Acres gJ .(:..,<.;r p.- T .i"- c, Square Feet D" \<O....\~...1 "".:, \&....Ip\.... t,;'\\ , ,-..J....., " '".\.\ ~\M.."\, L ~\".J V\<Jf\"'-';J t ':".....AJ, Existing Use:, \J",,'(:<~,(\" - Tentative Case,#: 2~S~ COQ?'O 1 # of Lots/Parcels: \ 8> Avg. ,Lot/Parcel Siz~: /.;:RZi,' sf D~nsity: L?,'b du/acre\ ~~~~~~~;~ Applicable Refinement Plan: 'Plan Designation: I Location: : City Limits D Urban ,Growth Boundary D Associ~.!.edA p ~I ica tio ns:' Pre-S~l:Jrnittal' ," Case No.: Case No.: Application Fee:' '~(LJ.ft1o -oooq~ Date: / / lr!()(f~eviewe~ by: Date: ' Reviewed by: Postage Fee: 'Total Fee: :<. Ihltr-.. I I ',f'W;LCOS -- 6(jJ3 J-:- Steps in the Process: 1. Th~ Applicant Submits a Pre-SubIT)ittal Meeting Application' " - ' ,The Pre-Submittal Application is mandatory, Check the Developme~t Fee schedule for application review fee, The submittal package must conform tothe application com,pleteness checklist attached to this form, You are required to submit 6 copies of the submittal requirements packet for pre-submittal review, Pre-submittal meetings vyill be conducted' every Tuesday and Friday between 10:00 a,m. and noon. We will strive to conduct the Pre- Submittal meeting withi~ five to seven working daysof rec~iving the application. ' - 2. Applicant and the City conduct the Pre-Submittal Meetin'g We strongly encourage you, the owner and 'design team; to attend the Pre"Submitti),1 , meeting. The meeting will be heid' with representatives from Public Works Engineering and Transportation, Community ServICes (Building), Fire Marshall's office, and the Planning Division. The meeting will be scheduled for 30 to 60 minutes'. The Planner will provide, you with a Pre-Submittal Checklist at the end of the meeting specifying the items req'uired to, 'make the application complete-if it isn't already complete. You will then have 180daysto . , make the application complete for submittal and acceptance by theCity. ,This is the,time period when the plat and documents willbe red lined by the City surveyor and the corrections ~ade by the applicant on 'paper copies of the plat prior to submittal of mylars:' , " ! I I , " . ___3. Applicant Submits a Complete Application' , When you have addressed all of the items on the Pre-Submittal Checklist, please submit 2 copies of the complete application and mylars to the City. A fee will be collected at that bme and the 120 day calendar review period will begin. When the Planner has completed mail , notification and review procedures, a decision will be mailed/faxed to the applicant/owner/ design team and,affected parties notifying them of plat approval. The plat may then be filed by the applicant and 5 recorded paper copies delivered to the Development Services Department prior to the issuance of any building permits. Owner's Signature This applicatiOn will be used for both the required Pre-Submittal Meeting arid subsequent complete application submittal, Owner's signatures are required at both stages in the application' process. An application without the Owner's signature will not be accepted. r: 1- ':"'l..-: - ~.~ . ~;"'''' I . " ' The undersigned acknowledges thatthe information in this application is correct and accurate for :'::::Ii;if;;,';~<?,,; L.. D," /J/d;,,~? 'Sign7' ~ 1 ? / f)JA-Lt-f17 fl~,.., L ~. Print Name " 9/15/05 -2- ~=~;m.mi::::::;~.~ I representthis ~ppliC:ationto be ~omplete for submittal to the City, Consistent'with the completeness check performed on this application at the Pre-Submittal Meeting, 1 affirm the information identified by the City ;:ls necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the'application with the information as submitted, This statement serves as written' notice pursuant to the requirements of ORS 227.178 pertaining to a complete,' application ' , Owner: Date: Signature Print Name Plat applications will be processed as follows: , , ' 1. The applicant submits a Pre-Submittal meeting application. , ' 2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting. , ' 3. The applicant coordinates any additional review and refinement of the plat and other , 'required documents with representatives from the City's Planning, Public Works " Engineering, and Surveying divisions. ' 4. The City will notify the applicant when the plat and other documents are sufficiently refined to allow for the submittal of the plat mylars. 5. Theapplicant submits the plat application with the mylars and all final documentation"and financial securities including the application fee. 6. The City Surveyor and Development Services Director may sign the final plat if all other conditior:1s and, requirements are fulfilled. , ' 7. The signed plat niylars' may, be forwarded to Lane County for recor:dation. ' 8, The applicant shall:deliver (5) five recorded plat paper copies and any other recorded required documents to the Development Services Department prior to the issuance of any building permits, ' 9/15/05 - 3- PARTITION OR SUBDIVISION NAME: OWNER/DEVELOPER: '..J~ \-\' DATE RECEIVED: PLANNING CASE NO: (tentative) , PRE-SUBMIT IML CHECKLIST FOR INTAKE OF I"NAL PLAT \,/ . ~\,,~ n"..~,,,,,,J r, I .J. b~i-.....,~_r ~ ...:\\ 1.~-^.. ) \ \, 'I rrl^\f\....- .t / G- tit ( . SURVEYOR: C,"''''~ '~r" '\ ~^l' , (final) REQUIRED DOCUMENTATION:' 1. ,~ Final plat: application. . , - . 2, (gJ. A letter which .lists and addresses each of the Conditions of Approval, and details the , aCtions taken, and current status,of each item.' ' ' , 3. tE1 6 paper copies of the plat stamped and signed.b'y the surveyor. 4. ~ 2 copies of closure sheets for the boundary and each lot or parcel and all common areas, dedicated areas and easement areas that are not simple parallel offsets, 5, [')([ 2 copies of title report or subdivision guarantee for the parcel being divided. ,Must list T",the vested owner identical to that shown on the plat. The title report must be dated, within 30 days of submittal at the time of the final submittal. An older report is OK for the initial review. 2 copies of each of the reference documents and reference plats listed on the plat., 2 copies of each of the supporting documents: the vesting deed (must vest title to the owner listed on the plat), existing easement deeds" and documents listed as exceptions in the title report, etc. 8 'i:71' 2 draft copies of any STREET DEDICATIONS (In the ,City of Springfield street . {< dedications on Partitions m'ust be recorded by separate document per SDC 34.090 (3)(i) [surveying] (the City has a boilerplate form for this purpose). " , 9. )Q 2 draft copies of any NEW easements or re'strictions being created by separate document, improvement agreements, maintenance agreements,joint use ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the Conditions of Approval. ", ' , ' 10. ~ A Consent Statement (Concurrence) oil the plat (mylar must be signed by all lenders , prior to final appr.oval) OR 2 copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage or other secured loan interest holders against the property to be recorded simultaneously with the plat IF allY public dedicatio!,!s or easements are being made and/or any other interests are being transferred to the public. ORS 92.075 (i-4) , ' One 8 V2" X 11" reduced copy of the plat to attach to the public notice. Copies of wetland documents as required. Copies of ODOT Access Permits as required. One draft copy of Bargain and Sale deed for RESERVE STRIPS (the City has a boilerplate form for this purpose). Verification that street tree agreement is in progress as required. One draft copy of the Conditions, Covenants & Restrictions (CC&Rs) if any, Post monumentation deposit as required. The current fee is $700,00, plus $30.00 for each monument. The City provides a boileqJlate deposit form for this purpose, (Applicable to subdivisions only). 6.8 7.,;~ 11. ~ ~tA-D NW' 0 fJ\~D .1l,Si D IV I \ ' 16, 0 ,-JjwD 9/15/05 - 4- f$1;4o Thelb~ation' of the fioodw'ay of floodwayfringe in ac~oru~'lCe ~ith Article 27 of the, ,,',' ' , Springfield Development Code, ' " ' . " ," 19, ~'Existing easements must be clearly identified with their recorded reference and acknowledged in the owner's declaration, New easements and reserve strips must be referenced in the owner's declaration on the plat if being dedicated by separate ' "'-.' " document. Easements may be dedicated in the owner's declaration if being dedicated fi\\ Irt.- on the plat, The purposes of easements must also be identified on the plat. ' 20, ~ lIR The solar factor for each lot and the clas,sification of each,lot as a south wall, south roof or exempt lot as specified in section 35,010 of this article, Individual solar setback tables must be recorded with the final plat of each lot platted under the performance, approach as.specified in Section 35.010(3)(b)(3) of the Springfield Development Code, NOTE: When, as part of the approval process; the application has been conditioned so:' that the re'cordation of a document is required, the applican~ shall be . , responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not. limited to: 'Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and 'Dedications of Right-of-Way.' ' Final Land Division Complete Application Submittal. Requirements Checklist' . .. . ' Note: If you feel an item doe$ not apply, please state the reason why and attach the explanation to this form. ' ' 1. Application fee-refer to the Development Code Fee Schedule for'the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services ,Department. The application fee is collected at the time of complete application submittal. 2. Copy of the deed and a preliminary title report-one copy issued within the past 30 , days documenting ownership and listing all encumbrances. , 3. One original plat oil Mylar with notarized owners signature and signed surveyors stamp, ' One copy of the Mylar on bond paper. ' , 4. Final drafts of all required documents with signatures where appropriate. 5. Applicant shall deliver (5) five recorded plat paper copies and any other recorded required documents to the Development Services Department prior to the , issuance of any building permits. , 9/15/05 - 5 - (, ) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION , . FOR ... -~ KINGS HENRY COURT 1888 HA YDEN BRIDGE ROAD SPRINGFIELD, OREGON 97477 This declaration is made on the date hereinafter set forth by G & R Building Concepts, Inc., 1135 Cal Young Road, Eugene, OR 97401. Hereinafter referred to as "Declarant", ' Declarant is the owner of certain real property in the City of Eugene, Lane County. Oregon, which is more particularly described as: Lots 1 through 10, King Henry Court, as platted and recorded in File Slide , Lane County Plat Records in Lane County, Oregon, Declarant hereby declares that all the properties above shall be held, sold and conveyed subject io the following easements, restrictions, covenants and conditions. Which are for the'purpose of enhancing"and protecting the value, desirability and attractivene.ss of the properties. These easements, covenants; conditions and restnctions shall run ' with the real property and be binding on all parties having or acquiring any right, title, or interest in the described properties or any part thereof, their heirs, Successors and assigns and shall insure to the benefit of, be imposed upon and pass to the heirs, successors and assigns, and the owner or owners of anr other such Lots, Article I: Definitions Section I: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract buyers, but exCluding those having such interest merely as security for the perform~nce of an obligation, , Section 2: "p'n:~perties" shall mean and refe~ to that certain'nial property described above. Section 3:' "Lot': shall mean and refer to any plot ofland shown upon any subdivision map of the properties, Section 4: "Improved Lot" shall' mean and refer to a Lot with complete living unit thereon, '" . Section 5: " Street" shall mean' and refer to any improved public street shown upon the record subdivision plat of the Properties, ' ' Article II: Architectural Control " , . . , , , , Section "I: No building, fenc~, wall, or. other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made until the'plans and specificaiio~s showing the nature, kind, shape, height, materials, color and location of the same, shall 'have been submiited to and approved by the Architectural Control Committee, (hereafter "Committee"), Approval shall be on , by written document specifically stating that all aspects of the plans and specifications submitted are approved in their entirety or as modified, The Committee shall have sole discretion to approve or disapprove: The Initial committee shall be the Declarant and Declarant will have full s~y. in all matters, until all lots are built and final , mortgage has, been recorded on said lot. The Primary purpose of the Committee is to create a neighborhood, which is attractive, co~sisient and of high quality, ' Members of the Committee shall serve ~ntil they resign or are replaced by 'vote'ofthe Committee orihe Lot Owners, A committee member may be replaced by vote of the Lot Owners representing seventy-five percent of the lots subject to these Conditio~s, Covenants and Restrictions, In any such vote, each lot shall receive one vote, Lot . owners by vote, shall replace any Committee member so removed, A Committee member may be replaced by the vote of the other members of the Committee, The remaining members shall select a replacement for a member so removed, If a vacancy is created on the Committee due to resignations or other cause, the remaining committee members shall select a replacement. , , Page I of5 ~ ~' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICfION .. FOR, K1Nli HENRV COURT Section 2: Application for approval Each owner or builder desiring to make a site or structural improvements on his or her lot shall, prior to requesting a building permit from the City of Springfield submit to the Committee for approval, the following: ' A: One set of plans, which shall be retained,by the Committee, containing: a, Plot plans showing location or proposed improvements on the lot' b, ,All elevations c, ' Floor Plans of all levels B: One set of specifications of materials descriptions list. All plans, specifications and samples will be received by the Committee, taking the Requirements and Criteria (Anicle III) then in effect, into consideration and shall notify the owner in writing of approval and disapproval within 30 days of submission, Any notice of ' , disapproval shall state, with panicularity, the areas of disapproval and, if practicable, corrective measures consistent with the Requirements and Criteria, ' Upon failure of the Committee to take any action on a completed application within (3'0) days of submission, the application with be deemed to, have been approved subject to the plans otherwise being in compliance with eth express provisions of the Covenants, Conditions and Restrictions, ' Section 3: Scope In addition to the above authority, the Committee shall also have the authority to establish rules and approve or disapprove with respect to the various matters set fonh in the following restrictions, Article III: Requirements and Criteria Upon submission of the plans to the Committee by an owner as set fonh in Anicle II, approval or disapproval will be based upon the following requirements and criteria: 'Section I: Height All buildings shall be one story, two story or split level and the maximum height shall be subject' , to approval by the Committee, Section 2: Sqnare Footage No dwelling shall be erected or maintained on any lot unless it contains at least 1800. square foot ofliving space exclusive of garage, open porches, patios, or breezeways or any other building structure or floor which is other than a pan of the principal residential structure, 'Notwithstanding any'.hing to the contrary herein, the squareToot requireme,nts shall be subject to approval by the Committee, Section 3: Siding Exterior building materials shall be brick, lap. tongue and groove siding, stucco or other architecturally comparable material. No front or side street eval~ation will have T1"J J or equivalent. Section 4: Roof Pitch Minimum roof pitch shall be 6/12 on all predominant rooflines, ,Section 5: Roof All roof~aterial shall be shake, tile, thiny- (30) years offsct or dark compositiori.'("ARC-80" Style':). The Architectural Control Committee prior to installation must approve - black design, Section 6: Exterior Colors Exterior colors shall be limited to those normally seen on traditional homes, No,bright colors are allowed I Muted colors are required to reduce visu~1 impact as viewed for neighboring pro'perties,', ' Section 7: Exterior Windows Painted, stained, clad wood or vinyl windows are preferred, Section 8: Fencing Fences shall be built of good quality materials, including wood with treated posts, maso,nry, plastic or chain link with slats. or as approved by the Committee, No fence shall protrude past the front of the residence. Page 2 of 5 r, ~ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRlCTlON FOR: KING HENRY COURT Se(tion 9: Maintenance During Construction During construction, the Lot owner shall be responsible for keeping all slieets and sidewalks in:a neat and clean conditIOn and shall not be allow any dangerous conditions left , unattended m his/her property All matena1s, equipment: trailers and construction facilities shall be kept off all streets during construCtion to allow cleaning and maintenance of streets, Section 10: Waiver The Committee shall have the sole and exclusive rights in its discretion to wave, in whole or in part, any proVision, ,covenant, condition, 'restriction or reservation herein, i(in its discretion, it is determined that' such action is necessary to avoid hardship to any property owner, includingthe undersigned and it will not materially detract rrom'the value of the adjoining properties, Any instrumeryt duly acknowledged by the undersigned and recorded in the Publjc Records of Lane County. Oregon, shall be conclusive evidence of such determination and action. . \ . . ARTICLE IV: USE AND MAINTAINENCE RESTRICTIONS Section I: Residential Use All lots are shown on the Plat of King Henry Court shall be use,only for private, residential purposes, No trade, business or professional business sh~lIbe conducted or practiced thereon; except as allowed by the City Zoning Code governing said " Property, ' ,.' . i: Only one private, single family 'dwelling, not exceeding two stories in height, together with the customary outbuildings, including a private garage for not less than two (2) cars (which may be incorporated into main residence), shall be er~cted'or maintained on any lot. No carPorts shall be allowed, 'All structures in said subdivision shall'b.; constructed from entirely new materials andshall be constructed entirely on site, Exterior ,,:alls may berramed and sided off site 'L Sidewalks for each lot, as required by the City SpringfieJ~, shall be the responsibility of the builder or owner, , ' . . '. . . . . , ' .' . , ",. '.. " Section 2: Animals No',kennel: aviary containing more than five biros, dairy, stable, barn, hutch or warren shall be erected or maintained on,anY'fesidenceklt, nor shall dogs; CillS, birds, horses. cows. poultry, rabbits or, other animals or fowl, be kept hereon, except this restriction shall not be construed to prohib,it ordinary household pets which do ,not constitute any aimoyanceor nuisance to the neighborhood, ' ' , '- " . .~, . - . . Secti,?o 3:.Nuisance No.nocuous or effective trade or activity shall be carried on upon any lot, nor shall anything be" " . done thereon which may beor become an annoyance or nuisance to the neighborhood, ' , ' ' ,Sectio~4: Signs No signs of any kind shall be displayed to public vie~ on any Lot exceptorie (1) of not, more thim ' two (2) square feet located not less than 15feet from the front lot line, Said,sign may be used to ad~ertise not more than one (I) 'home occupation, In addition, a sign not larger than 30",by48"may be temporarily erected, advertising' " the propertyfor'sale or rent.':,,' , ~~ ,". .-:; '\. .. ... "', - ~ . . SectionS: Te~porary Buildings No trailer. basement, shack, tent, garage, barn or other outbuilding ere~ted in tile '.. subdivision, shall at ~ny time be used as a residence, temporarily or pennanently,. nor shall any st~ct':1re'of a ' ,iempora!y chara~ter be used' as a resi4enc~., ' ' , , . '.., Section 6: Drainage 'Each owner, their heirs, successors a~d assigns of~, 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 graditlgof said subdivision was completed by the undersigned Declarant"" ' ,', ' , , . Section 7: Refuse No lot,'shall be 'us~d or maintained as a dumping ground for refuse, Trash, garbage and other waste shall not be kept, except in sanitary:containers. which shall be emptied weekly, All incinerators or other , ' equipment forthestorage or deposal of such material as prescribed by ordinance'shall be kept in a clean and sanitary Page 3 of 5 ... ~ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR, KING,HENRY COURT condition, During the period of construction and development of the Plat, this provision will' not apply to the Declarant Storage of any kind of goods, chattels; merchandise. material, fuel, supplies or machinery shall be within walls of building or enclosed by tight fences that completely screen it from sight Section 8: Vehicles These covenants hereby include a restriction on overnight parking on the dedicated streets within the subdivision, All unsightly or inoperable vehicles shall be removed from the streets and parked in appropriate areas so as to not hinder the ovenillbeauty of the area, All boats, trailers and recreational vehicles shall be stored iri an appropriate area behind a screen or fence no closer to the street than the front of the garage, Section 9: Landscaping Yards shall be landscaped not'more than 45 days after final inspection except when occupancy occurs after October first and before May first Yards delivered to occupancy during inclement weather shall be landscaped not more than 4S days after May first Yards shall be niaintained in a near an'd clean condition :, and grass sh'all be watered and cut regularly Section 10: Heating and Air Conditioning Exterior air conditioning or heating units ofheat pump design. shall be approved by the Architectural Control Committee,.subject to location on the lot Window mounted air conditioners shall be allowed, Section I t: Antennas No Antenna or Satellite dish erected on any lot shall extend more than three feet above the portion of the roof of the dwelling on which it is mounted, Any Satellite dish shall.be installed in such a way as to be' out of view !Tom the front porch and side yards of neighbors, " Sectio'n 12: Utilities and Utility Easements, " a, A _ foot public utility easement is reserved parallel and contiguous with all streetTight-of- ways, , b, An easem~nt for installation and maintenance of drainage facilities is reserved over the Section t3: Time of Completion All dwcllings, structures and additions shall be completed within ten (10) months 'after construction has commenced, except in cases where completion is impossible or will resul\ iri a great hardship to the owner or the builder due to strikes, fires, national emergencies or other like events, " , ARTICLE V: GENERAL PROVISION , Section I: Enforcement In addition to 'the right of any effected Owner to enforce the covenants and restriction ,contained herein, if any of the Covenants, Conditions or restrictions are violated, or it appears that 'an attempt to violate will be made, the Committee, as a Committee; also shall have the authority to institute and 'prosecute such -' ' proceedi~gs on behalf of any owner or owners of the lots in the subdivision, No failure to prosccute any person for any violation or attempted violation shall be deemed a waiver of a right to enforce and such violaiions by the same person or otherpersons,'The prevailing party shall be'entitled to recover costs and reasonable attorney fees, both ' trail and appellant, in any~uch proceeding' " Section '2: 'Connict In the case of conflict between these restrictions and any zoning ordinance or'any governmental body, the ,more restrictive 'shall prevail. ' " , , Section 3: Sever Ability Invalidation of any party of the restrictions shall in no way effect the 'remaining restrictions, Section 4: Binding 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, uses and owners, Section 5: Time The 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 from the date the Declaration is recorded, after which time, they shall Page 4 ofS 'v rI . r DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR, KIN.G HENRY COURT ' , automatically be extended for successive periods often (l0) years, This Declaration may be amended by an inst,ument signed by 75% of the owners and must be recorded, Section 6: ExcInsions The existing non,~onforming st~ctures on Lot 3 shall h~ exempt from these Covenants, ' Conditions and Restrictions: however, any new replacement dwellings on structures to be constructed on said Lot 3 shaH be subject t~ aH of the Covenants, Conditions and Restrictions as set forth herein, In Witness thereof this,Declaration was executed on this day of ,2006. STATE OF OREGON, SS COUNTY OF LANE , , , On the _day of , 2006 personally appeared the above named. and and , to acknowledge said instrumentto be their voluntary act and deed. " ~. , , . .' .~ .....: Before me: '., Notary ~ublic for' the State of Oregon , ' . My Commission Expires: ., , PageS of 5 . "