HomeMy WebLinkAboutEasement APPLICANT 8/20/2009
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DOCUMENT #
Division of Chief Deputy Cle..k ,nM.nAOftA'
Lane County Deeds and Reco..ds 'UU~ U,gU'~
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08/19/200901:13:59 PM
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This document is a
SUBDIVISION
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THE COTTAGE COLLECTION AT THE
HEIGHTS
Owner: Suntrust Land Comoanv. LLC
Dedicatee: City of Snrimdield
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Twn. 18S Rng. 2W Sec.-.1
LANE COUNTY DEEDS & RECORDS
RECEIVED
53 -Lots
-L - Stickers
~ - Res, Numbers AUG 202009
By: ~
AFTER RECORDING RETURN TO:
Lane County Surveyor's Office
.,
Division of Chief Deputy Cie..k
Lane County Deeds and Reco..ds
l~~~.O~80~~
$26,00
AFTER RECORDING RETURN TO:
Suntrust Land Company, LLC
Attn: Mark Vukanovich
61878 Bunker Hill Ct.
Bend, OR 97702
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08/19/200901:13:59 PM
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AFFIDAVIT OF CONSENT
HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK, AS
BENEFICIARY OF A TRUST DEED, DATED DECEMBER 15, 2005, RECORDED DECEMBER
20,2005, RECEPTION NO. 2005-101023, LANE COUNTY OFFICIAL RECORDS, DO HEREBY
CONSENT TO THE PLATTING OF THE PROPERTY DESCRIBED IN SAID DEED OF TRUST
AS FOLLOWS:
LOT 130, MOUNTAINGATE WEST, AS PLATTED AND RECORDED NOVEMBER 9, 2006,
RECEPTION NO. 2006-080817, LANE COUNTY DEEDS AND RECORDS, LANE COUNTY,
OREGON.
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HOMESTREET BANK, A W ASHINGTON STATE CHARTERED SAVINGS BANK'
STATE OF Orec::P"'- )
COUNTYOF L.c.ne.. ).
ON ~)?~PERSONALLY APPEARED THE ABOVE NAMED
'M.o. 'r V-... ~ \ ~ ~~e.dt _ . WHO BEING SWORN AND
DULY AUTHORIZED TO ACT ON THE BEHALF OF HOMESTREET BANK, A
WASHINGTON STATE CHARTERED SAVINGS BANK AND ACKNOWLEDGED THE
FOREGOING INSTRUMENT TO BE L. ~ -S VOLUNTARY ACT AND DEED.
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NOTARY PUBLIC
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RECEIVED
AUG 202009
By: (? /
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Division of c'iF",~ Deputy Cle..k
Lane County Deeds and Reco..ds
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$31.00
AFTER RECORDING RETURN TO:
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.l.19, 1.82 H9r.;j~ :0451021022 08/19i2009 01: 13 :59 PM
RPR-CNST Cnt=1 Stn=1 CASHIER 05
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Suntrust Land Company, LLC
Attn: Mark Vukanovich
61878 Bunker Hill Ct.
Bend, OR 97702
AFFIDAVIT OF CONSENT
MW HOUSING PARTNERS III, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS
BENEFICIARIES OF A TRUST DEED, DATED DECEMBER 9, 2005, RECORDED DECEMBER
20,2005, RECEPTION NO. 2005-101024, LANE COUNTY OFFICIAL RECORDS, DO HEREBY
CONSENT TO THE PLATTING OF THE PROPERTY DESCRIBED IN SAID DEED OF TRUST
AS FOLLOWS:
LOT 130, MOUNT AINGATE WEST, AS PLATTED AND RECORDED NOVEMBER 9, 2006, RECEPTION
NO. 2006-080817, LANE COUNTY DEEDS AND RECORDS, LANE COUNTY, OREGON,
The PlatCO[]{] be recorded as THE COTTAGE COLLECTOIN AT THE HEIGHTS iR lAg Hll'R'l
'"llltaGh~~ I .<<"~ and contain Lots 1 through 53 and Tract A,
THIS CONSENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY RIGHTS OR
REMEDIES THAT MW HOUSING PARTNERS III,. L.P., A CALIFORNIA LIMITED
PARTNERSHIP, MAY HAVE NOW OR IN THE FUTURE.
MW HOUSING PARTNERS III, L.P"
a California limited partnership
By: MW Housing Management III, LLC,
a California limited liability company
Its General Partner
By: WRJ CP Investments III LLC,
a Washington limited liability company
Its Manager
By: Weyerhaeuser Realty Investors, Inc.,
a Washington corporation
Its Manager
By:
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RECEIVED
Name:
Title:
AUG 2 0 2009
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Name:-IM~J .~{hU)s
Title:.Jr:D'f VI e.f. .p US/Dw'J
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STATE OF VJ(Q\,u.~~ )
COUNTY OF ILl ~ )
O~ '),#'\ 1OD"I PERSON ALL Y APPEARED THE ABOVE NAMED
/\(,y A. 101<1<:."- WHO BEING SWORN AND
DULY AUTHORIZED TO ACT ON THE BEHALF OF MW HOUSING PARTNERS III, L.P., A
CALIFORNIA LIMITED PARTNERSHIP AND ACKNOWLEDGED THE FOREGOING
INSTRUMENT TO BE \1\'\') VOLUNTARY ACT AND DEED.
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STATE OF ~Cl~^i'^'6~ )
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ONc~ ~J.<D1PERSONALL Y APPEARED THE ABOVE NAMED
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DULY AUtHORIZED TO ACT ON THE BEHALF OF MW HOUSING PARTNERS III, L.P., A
CALIFORNIA LIMITED PARTNERSHIP AND ACKNOWLEDGED THE FOREGOING
INSTRUMENT TO BE \t\,ev VOLUNTARY ACT ANDDEED.
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AUG 2 0 2009
By:dr
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Division of Chief Deputy Cle..k
Lane County Deeds and Reco..ds
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$61.00
After Recording Return To:
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..1J970d200..;00480....J071.1Il79 08/1912009 01: 13: 59 PM
RPR-REST Cnt=2 Stn=1 CASHIER 05
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SunTrust Land Company, LLC
Attention: Tammy Harty
2464 SW Glacier Place Suite 110 '
Redmond, Oregon 97756
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST
CREATING THE COTTAGE COLLECTION AT THE HEIGHTS
THIS SUPPLEMENTAL DECLARATION (this "Suoolemental DecIaration") is
made by SunTrust Land Company, LLC, an Oregon limited liability company
("Declarant").
RECITALS:
A. Declarant created a residential subdivision known as "The Heights" by
recording that certain (a) Declaration of Covenants, Conditions, Restrictions and
Easements for MountainGate West (The Heights) on June 22, 2007 as Recorder's
Number 2007-042497 in the Official Records of Lane County, Oregon (the "Orii:!inal
DeclaratiOl!"); and (b) the plat for MountainGate West on November 9, 2006 as
Recorder's Number 2006-80817 in the Official Records of Lane County, Oregon
("MountainGate West");
B. Pursuant to Section 5.5.7 of the Original Declaration, Declarant reserved
the right to furthersubdivide Lot 130 of Mountain Gate West into a high density cluster
development and to modify the provisions of the Original Declaration to suit the
development needs of this type of high density residential community;
C. Declarant has further subdivided Lot 130 of Mountain Gate West by
recording that certain plat for The Cottage Collection at The Heights on L2Llo{j. , 2009
as Recorder's Number 2009- '1"80 ~3 in the Official Records of Lane County, Oregon
("The Cottai:!es"); and
D. Declarant desires to modify the Original Declaration to accommodate The
Cottages, as more particularly set forth herein.
DECLARATION:
NOW THEREFORE, Declarant hereby declares the followimGIrt'<IDE' IVE D
reserved rights under the Original Declaration. n B:: V [: D
1 - Supplemental Declaration
PDXlI11513/153678/RSB/4990783.2
AUG 2 0 2009
By: 11/
, .
1. Annlicabilitv. Except as amended in this Supplemental Declaration, each lot
within The Cottages shall be held, transferred, sold, conveyed and occupied subject to the
terms of the Original Declaration (as amended and modified from time to time) and the
Oregon Planned Community Act (being ORS 94.55q et seq.).
I
2.
Definitions.
I
2.1 Any capitalized term not defined is tills Supplemental Declaration shall
have the meaning ascribed to such term in the Origirtal Declaration.
I
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2.2 Each oflots 1 through 53 within The ~ottages shall be considered a "Lot"
as defined in the Original Declaration, and the record owner of fee simple title or the
purchaser in possession of a lot under a land sale cOlhract within The Cottages shall be
considered an "Owner" as defined in the Original DJclaration.
2.3 Tract A within The Cottages shall be considered a "Common Area" as
defined in the Original Declaration. Declarant shall convey Tract A within The Cottages
to the Association prior to the Turnover Meeting. Tract A within The Cottages includes a
hiking trail that is available for use by the general public and that allows the general
public to gain access to the main trail system that meanders through Mountain Park. The
Association shall maintain Tract A within the Cottages, except that the hiking trail may
be maintained by Willama1ane Parks District or designee. The Association shall maintain
the hiking trail until such time as the Willamalane Parks District or its designee assumes
maintenance responsibility for such hiking trail.
3. Votinll Rillhts. Each oflots 1 through 53 within The Cottages is entitled to one (1)
vote pursuant to Section 7.3 of the Original Declaration.
4. Modifications to the Orillinal Declaration. This Section identifies parts of the
Original Declaration which are either inapplicable to The Cottages or applicable to The
Cottages in a modified form.
4.1 The minimum residential floor area set forth in Section 4.2 of the Original
Declaration is not applicable to The Cottages.
4.2 The minimum two (2) car garage requirement set forth in Section 4.8 of
the Original Declaration is not applicable to any lot within The Cottages, provided that
each lot within The Cottages must maintain off-street parking for at least two (2)
vehicles.
4.3 The restriction set forth in Section 4.14 prohibiting exterior lighting is not
applicable to the Cottages, provided that all exterior lighting within The Cottages is
subject to the reasonable approval of the Architectural Review Committee so as to limit
over-illumination.
RECEIVED
2 - Supplemental Declaration
PDX/II 15131\53678/RSB/4990783.2
AUG 2 0 2009
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By:
4.4 The restrictions set forth in Section 4.25 of the Original Declaration
regarding preservation of natural site features and not unreasonably restricting or
impacting the views of neighboring lots is not applicable to The Cottages.
5. Trees.
5.1 It is anticipated that each lot within The Cottages will not be required to
plant three (3) street trees as mentioned in the Original Declaration since these lots are
significantly smaller in width than other lots within MountainGate West. Each lot with
The Cottages will be required to plant at least one (I) tree in the front yard and one (I)
tree in the back yard of each Home prior to occupancy.
5.2 The previously approved street trees along MountainGate Drive will be
required to be planted within The Cottages approximately every thirty (30) feet.
5.3 The Owners oflots 1 through 16 in The Cottages will be required to plant
one (I) coniferous tree, at least eight feet (8') in height at the time of planting, within the
rear yard along the northern lot line. If any of these trees are planted prior to construction
of Homes on the lots with The Cottages, then said trees must be protected from
construction impacts by installation of appropriate barrier fencing pursuant to Section
5.2.4 of the Original Declaration.
5.4 Trees located on lots 1 through 16, 36, 37 and 53 in The Cottages, and
those within Tract A in The Cottages, within the fifteen foot (15') wide private
conservation easement shown on the plat of The Cottages that are to be retained shall be
protected from construction impacts by installation of appropriate barrier fencing
pursuant to Section 5.2.4 of the Original Declaration.
5.5 The planting of trees on lots within The Cottages must be approved by the
Architectural Review Committee pursuant to Section 6.1 of the Original Declaration.
6. Retainin!! Walls.
6.1 It is anticipated that retaining walls will be built along the front of lots 29
through 36 in The Cottages, the side oflots 37 and 53 in The Cottages, and the rear of
Lots 51 through 53 in The Cottages. These retaining walls will be engineered and
constructed to perform a structural support function for the affected lots, The Owner of
each lot will be responsible for preserving the aesthetic, structural and functional integrity
of these retaining walls.
6.2 It is further anticipated that retaining walls will be used to help construct
the street turnaround "hammerheads" affecting lots 18 and 19 imd lots 51 and 52 in The
Cottages. These hammerhead retaining walls will be maintained by the Association as
part of its private street maintenance obligation under Section 8 below. Declarant hereby
grants to the Association an easement over those portions of said lots 18 and 19 and lots
51 and 52 reasonably necessary to maintain the hammerhead retaining 'f\E eEl V ED
3 - Supplemental Declaration
PDXlII 1513/153678/RSB/4990783.2
AUG 202009
By: ()~
7. Private Conservation Easement.
7.1 A fifteen foot (15') wide private conservation easement has been
established on lots 1 through 16,36,37 and 53 in The Cottages, as shown on the plat of
The Cottages. These conservation easements have been established to help preserve the
natural vegetation and character of the northerly and southerly exterior boundary of The
Cottages.
7.2 No structures, including (but not limited to) decks and porches, may be
located within these areas, except for (a) fences approved by the Architectural Review
Committee pursuant to Section 6.1 of the Original Declaration; and (b) retaining
structures required to maintain the stability of a Home on a lot or to prevent soil
movement if recommended by a geotechnical engineer or structural engineer licensed in
the State of Oregon, approved by the City and approved by the Architectural Review
Committee pursuant to Section 6.1 of the Original Declaration. Any approved structure
shall be designed to minimize intrusion into the conservation easement area and to
approximate natural grades and maintain natural vegetation. Fencing located within the
conservation easement area shall be installed so that it does not impact healthy native
trees that have a diameter at breast height of five inches (5") or greater. Fencing may not
be physically attached to any trees.
7.3 No native vegetation may be removed from within the conservation
easement area, except as necessary to meet fuel break standards for fire protection and
except for diseased or danger trees as determined by a professional forester, arborist or
other certified landscape professional (a ".Landscaoe Professional") and approved by the
City. Diseased and danger trees to be removed must be (a) shown on the initial building
permit application submitted to the City, with a Landscape Professional's written opinion
identifying the nature of the hazard; or (b) authorized for removal through an independent
tree felling permit issued by the City. Trees and understory may be thinned and pruned
to enhance their health and appearance and to meet fire protection standards. Noncnative
vegetation including (but not limited to) blackberries, scotch broom and ivy may be
removed.
7.4 The use of herbicides within the conservation easement area is limited to
application to individual non-native plants; broadcast application of herbicides is strictly
prohibited.
7.5 Use of heavy equipment within the conservation easement area is limited
to the minimum necessary for permitted tree removal or utility installation, maintenance
and repair.
8. Street Maintenance. The Association shall maintain, repair and replace the streets
within The Cottages as and when needed, provided that the cost of such maintenance,
repair and replacement shall be assessed to the Owners of the lots within The Cottages.
The Association shall conduct and update from time to time a reser Rt: C'E I V ED
4 - Supplemental Declaration
PDXlII15I3/153678/RSB/4990783.2
AUG 2 0 2009
By: 11~
identify the appropriate amount of assessments required from the Owners of lots within
The Cottages to cover the cost of maintaining, repairing and replacing said streets.
9. Maintenance of Utilities bv Owner. Within the public utility easements and
private access easements shown on the plat of The Cottages, (a) all electrical lines,
meters, panels and other equipment past the electrical vaults serving a Home, (b) all
water lines, valves and other equipment past the water meter serving a Home, (c) all
cable television lines and other equipment past the main junction box serving a Home,
and (d) any other utility lines, wires, pipes, and appurtenant equipment serving a Home
past its main junction box shall be maintained by the Owner of the lot within The
Cottages served by such utility lines, wires, pipes and appurtenant equipment.
10. Architectural Review Committee and Design Standards. Declarant reserves the
right to modify the review process and design guidelines for The Cottages. In making'
such modifications, Declarant will take into account the high density nature of the
residential development contemplated for The Cottages and the production building
methods likely to be employed by the builder in constructing and selling Homes within
The Cottages. It is likely that Declarant will waive the requirement for a formal review
of the plans and specifications for each Home built within The Cottages, provided that
the builder constructs a Home using one of a number of preapproved model plans.
11. Annroved Builder.
11.1 Declarant hereby designates Hayden Homes, LLC ("Havden Homes") as
an approved builder of Homes within The Cottages.
1 1.2 Hayden Homes has the following rights notwithstanding anything to the
contrary set forth in the Original Declaration or any amendment or modification thereof:
(a) The right to use the easements reserved for the Declarant under
Section 3.5.3 of the Original Declaration; and
(b) The right to construct and maintain upon portions of the Common
Areas and any lots owned by Hayden Homes within The Cottages such facilities and
activities as Hayden Homes, in its sole opinion, may require or desire in connection with
the construction and sale of Homes and lots within The Cottages. Such right includes (but
is not limited to) the right to maintain business and construction offices, signs, banners,
flags, model units, and sales offices, subject to compliance with applicable City
ordinances. In connection with this right, Declarant hereby assigns to Hayden Homes, on
a non-exclusive basis, Declarant's special rights set forth in Sections 9.1,9.2 and 9.3 of
the Original Declaration, and exempts Hayden Homes from the restrictions set forth in
Sections 4.9, 4.10, 4.12 and 4.20 of the Original Declaration.
11.3 Hayden Homes is exempt from having the plans and specifications for its
Homes, fences and landscaping approved by the Architectural Review hE~rF" D \, IE D
Article 6 and Sections 4.3 and 4.11 of the Original Declaration. n eVe ~ V
5 - Supplemental Declaration
PDXlI11513/153678/RSB/4990783.2
AUG 2 0 2009
By: Il~
11.4 Any lot within The Cottages owned by Hayden Homes is exempt from
assessment under Article 10 of the Original Declaration until such time as the lot is sold
to a third party.
12. Miscellaneous.
12.1 If any conflict arises between the terms ofthis Supplemental Declaration
and the terms of the Original Declaration, then the terms of this Supplemental
Declaration shall prevail with respect to The Cottages.
12.2 Prior to the Turnover Meeting, this Supplemental Declaration may be
amended at any time by the Declarant, to the extent permitted by Law, by a properly
recorded instrument executed by Declarant. Otherwise, this Supplemental Declaration
may be amended at any time by an instrument approved by not less than 75% of the total
votes of each class of members that are eligible to vote.
[Signature appears on the following page]
RECEIVED
AUG 2 0 2009
By: ;/ ~
6 - Supplemental Declaration
PDX/II1513/153678/RSB/4990783,2
'.
IN WITNESS WHEREOF, Declarant has executed. this instrument this day
of August 2009.
DECLARANT:
SunTrust Land Company, LLC,
an Oregon limited liability company
~
By: ---1 .
Shawn Holm, Vice President of Finance
ACKNOWLEDGMENT
STATE OF OREGON )
)SS.
County of Deschutes )
This instrument was acknowledged before me this .\ l-th day of August, 2009, by
Shawn Holm, the Vice President of Finance for SunTrust Land Company, LLC, an
Oregon limited liability company, on behalf of the company.
,-~-,..=e~- oF~iCti;tU'At --""1
I. KIMBERLY GUTHRI! )
j \ .' NOTARY PUBLIC. OREGON J
i'" COMMISSION NO, 418529 .I
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\0..1Y'\~f),O J../ b ~, .()
Notary Public for Oregon
My commission expires: 1.\9::,. ~l \
RECEIVED
AUG 2 0 2009
By: tl)!/
7 - Supplemental Declaration
PDXll1 1513/153678/RSB/4990783,2