HomeMy WebLinkAboutComments PLANNER 4/29/2009
L1MBIRD Andrew
From:
Sent:
To:
Subject:
Attachments:
L1MBIRD Andrew
Wednesday, April 29, 20092:18 PM
MOORHEAD Chris
Mountaingate CC&R Document
Cottage Supplemental CCR's - suggested edits. doc
Chris: Here's some suggested edits for Mark's consideration. I have turned on the "Track Changes" feature for ease of
review. Thanks
Andy.
,
1
Datu ;-';aceived: '//J.9~tJf
Planner; AI. 1'/'
After Recording Return To:
SunTrust Land Company, LLC
61878 Bunker Hill Court
Bend, OR 97702
DRAFT
SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE COTTAGE COLLECTION AT
THE HEIGHTS, a replat of
Lot 130, MOUNT AINGA TE WEST
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNT AINGA TE WEST (THE
HEIGHTS) is made by SunTrust Land Company, LLC ("Declarant").
The plat for MountainGate West was recorded on November 9, 2006, in the Plat
Records of Lane County, Oregon, and assigned Recorder's Number 2006-80817 in the
Official Records of Lane County, State of Oregon. MountainGate West includes Lots 1-
130 and Tracts A, B, C and D.
Declaration of Covenants, Conditions, Restrictions and Easements (CCR's) for
MountainGate West (The Heights) was recorded on June 22, 2007, in the Plat Records of
Lane County, Oregon, and assigned Recorder's Number 2007-042497, Official Records
of Lane County, State of Oregon.
Lot 130 of MountainGate West is being resubdivided into 53 lots known as The
Cottage Collection at The Heights (The Cottages).
Lots 1-53 and all open space associated with The Cottages shall be held,
transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act
as may be amended from time to time and subject to the covenants, conditions,
restrictions and easements for MountainGate West.
Page 1 of4
Date Received: ?r2a79
Planner: AL
DRAFT
Minimum Residential Square Footage
Except, there is no minimum residential floor area as required in Section 4.2.
Due to the nature of the smaller lot sizes within The Cottages development, the minimum
square footages required on lLots 1-129 of MountainGate West (Estate Lots) do not
apply to Lots I-53 of The Cottages.
Trees
It is anticipated that each lot will not be required to plant 3 street trees as
mentioned in the original CCR's since these lots are significantly smaller in width than
the Estate Lots. The previously approved street trees along MountainGate Drive will be
required to be planted prior to occupancy approximately every 30 feet. Each lot will be
required to plant at least one tree in the rear and front of each home prior to occupancy.
Prior to occupancy, each owner of <<w.rLots I - I 6 will be required to plant one
coniferous tree, at least 8 feet in height at the time of planting, within the rear of each lot
along the northern lot line. If -trees are planted prior to any construction for a given lot,
then said tree(s) shall be protected from construction impacts by installation of
appropriate barrier fencing.
Trees that are to be retained within the 15 foot wide Private Conservation
Easements affecting Lots 1-16,36,37 and 53 and those within Tract A shall be protected
from construction impacts by installation of appropriate barrier fencing.
Planting of all trees will need to be approved as required in Section 6. I of the
CCR's.
Retaining Walls
It is anticipated that retaining walls will be built along the front of Llots 29-36. the
side of Lots 37 & 53. and the rear of Llotl; 51-53. These retaining walls will be
enl!ineered and constructed to Derfornl a structural SUDDOrt function for the affected lots.
The owners of each lot will be responsible to fi..:.;d...;;. orcserve the retaininlL walls in
original. unmodified l!;6;;;1 -;;;;;1:;;;6.- -<:ondition_-so they perform the function that they
were built for. It is further anticipated that retaining walls will be used to help construct
the street hBfl1merl;~.:.;I.; turnaround "hammerheads" affecting Llots 18& 19 and 5 I & 52.
These hammerhead retainin<! walls will be maintained by the Heights Owners
Association as part of the private street maintenance obligation. The Heights Owners
Association has a blanket easement over lLots 18 & 19 and 51 & 52 to maintain said
retaining walls.
Private Conservation Easements
Page 2 of 4
Date f<ecelved: ?:/~P9
Planner: AL
DRAFT
A-fEifteen foot wide conservation easement~ have been established on the Plat of
The Cottages and are located upon portions of11ots 1-16,36,37 & 53. These easements
have been established to help preserve the natural vegetation and character of the
northerly and southerly exterior boundary of The Cottages Development. NNo
structures, including decks and porches, shall be locl!ted within these areas;"-:::I:p'.
fences are exemot from this condition. Retaining structures required to maintain the
stability ofa dwelling on a lot or to prevent soil movement may be allowed if
recommended by a geotechnical engineer or structural engineer licensed in the State of
Oregon and if specifically approved by the City of Springfield and the Architectural
Review Committee. Any such structure shall be designed to ffitftK: 'If.: I:.x ::'-::1::7.:
Jlessible minimize intrusion into the Conservation Easement area and to approximate
natural grades and maintain natural vegetation. No native vegetation may be removed
from within these areas except as necessary to meet fuel break standards for fire
protection; and diseased or danger trees as determined by a professional forester, arborist
or other certified landscape professional (landscape professional) and approved by the
City. Diseased and danger trees to be removed shall be shown on the initial building
permit application submittal to the City, with a landscape professional's written opinion
identifying the nature ofthe hazard, or must otherwise be 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. Non:native vegetation including blackberries, scotch broom and ivy may be
removed. The use of herbicides within the Conservation Easement area is limited to
application to individual nonnative plants. Broadcast application is strictly prohibited.
Use of heavy equipment within the easement area is limited to the minimum necessary
for permitted tree removal or utility maintenance or repair. Fencing is allowed within the
Conservation Easement provided that it is approved by the Architectural Review
Committee. Fencing located within the Conservation Easement shall be installed such
that it does not impact healthy native trees that have a diameter at breast height (DBH) of
five inches or greater. Fencing shall not be attached to trees.
Streets
The owners of Lots I-53 of The Cottages are responsible for the financial costs
associated with the upkeep and maintenance of the streets located within The Cottages
Development. The Heights Owners Association will utilize a reserve study in order to
help identify the appropriate amount of Homeowners Dues specifically required from the
owners of The Cottages to cover the additional costs associated with the maintenance
obligation of said streets.
Traet A
Tract A is to be owned and maintained by the Heights Owners Association and
can be used and enjoyed by all members of the Association. Amenities within Tract A
will include a public trail allowing the public to gain access to the main trail system that
Page 3 of 4
Date f(6ceived:----rhr#<'tJ9
Planner: AL
DRAFT
meanders through Mountain Park. This trail will be identified as a public trail and it is
anticipated that it will be maintained by Willamalane Parks District or desi!!nate. Any
other amenities will be owned and maintained by the Heights Owners Association.
of
IN WITNESS WHEROF, Declarant has executed this instrument this
,2009.
day
SunTrust Land Company, LLC
By: Mark Vukanovich, Managing Member
STATE OF OREGON )
)SS.
County of Lane )
This instrument was acknowledgeg before me on
2009, by Mark Vukanovich, a Managing Member of SunTrust Land Company, LLC.
Notary Public for Oregon
My commission expires:
Page 4 of 4
Date Received' r~/;UtJ?
Planner: AL
.
,
I
L1MBIRD.Andrew
From:
Sent:
To:
Cc:
Subject:
MOORHEAD Chris
Wednesday, April 29, 2009'12:55 PM
'Mark Vukanovich'; favreaugroup@msn.com; survey@dishmail.net
L1MBIRD Andrew; ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'
RE: North Cluster subdivision review #1
Thank you very much Mark.
I will be looking over the plat and CCR's tomorrow, but will be out of the office Friday and Monday. Peggy over at the
County is actually out of the office today and not returning until next Wednesday. I don't think it will be a problem
getting back to you with any final comments from the City or County for the plat/CCR's by next Wednesday afternoon,
and hopefully Peggy won't kill me for saying that. Hope that works OK for your timeframe.
Chris
Chris Moorhea4 PLS
Surveyor, City of Springfield Public Works
22S Fifth Street. Springfield, Oregon 97477
Tel. 541-736-1011
Fax 541-726-3781
cmoorheadiEilci.sorinofieldor. us
From: Mark Vukanovich [mailto:mark@suntrustland.com]
Sent: Wednesday, April 29, 2009 12:44 PM
To: MOORHEAD Chris; favreaugroup@msn.com; survey@dishmail.net
Cc: LIMBIRD Andrew; ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'
Subject: RE: North Cluster subdivision review # 1
Chris,
Attached is the supplemental CCR document with your requested revisions. Thanks for catching those. We did end, up
making a plat name change so it wouldn't be more confusing down the road. I understand Tony has submitted a revised
plat to you and the County for their review. Once we get the second set of comments back, we'll make revisions and then
submit the mylars for recording as well as the post monumentation deposit/fees. We're hoping to get this recorded in two
weeks and appreciate your help on this.
Your first set of comments were received in a timely manner and were very thorough. I very much appreciate that... thank
you.
Let me know if you have any final comments on the supplemental CCR's.
Mark.
Mark Vukanovich
SunTrust Land Company, LLC
61878 Bunker Hill Court
Bend, OR 97702
Office: 541-330"2309
Fax: 541-330-2389
Mobile: 541-350-1060
1
Date Received:--rby""'''?
Planner: AL:
From: MOORHEAD Chris [mailto:cmoorhead@cLspringfield.or.us]
Sent: Monday, April 27, 2009 4:50 PM
To: 'mark@suntrustland.com'; 'favreaugroup@msn.com'; 'survey@dishmail.net'
Cc: LIMBIRD Andrew; ERNST Dennis; HUNTER Peggy K
Subject: North Cluster subdivision review # 1
Here are the City Surveyor's office comments for the 1" review of North Cluster.
GENERAL COMMENTS:
SHEET 1:
. On the Supplemental Declaration CCR's, the references to the plat need to be named the same as the plat. If
you want to call it "The Cottage Collection at The Heights", that is fine, but then paragraph 4 of the Supp. Dec.
should read "Lot 130 of Mountaingate West is being resubdivided into 53 lots know!,\ as North Cluster'(The
Cottage Collection at The Heights) "The Cottages"."
. In the Supplemental Declaration CCR's it has a section about Private Streets. Being that the plat shows "Public
Access Easements" over all streets in the subdivision, it seems to us that there are in fact no "Private Streets". If
all streets are indeed to have "Public Access" then it should only state "Streets" instead of "Private Streets" in all
instances where it is mentioned in the CCR's. If they are intended to be "Private" th"en on the plat they should
be in "Private Access Easements" except of course for the main street into the trailhead which should stay public
as set forth in the conditions of approval.
.. The Post Monumentation Deposit form is attached for your reference. It should be turned in, with the deposit
and fee, with the final plat packet.
. Have you made the Subdivision name request / reservation from the County? If not, this needs to be done.
They have a form to fill out.
. Have you given a copy of the plat to the County Surveyor for their review? We haven't heard any review
comments from their office, and they should be reviewing it simultaneously with the City's review.
.
The expiration date on the PLS stamp is expired. Please update. This applies to both sheets.
Please'add the Surveyor's name / address / phone number (contact information).
Under "EASEMENTS" please change "3" to"lS foot private conservation easement....." This is per the City's
"Conditions of Approval" Finding S8 and conditions 12 and 1S.
Also under "EASEMENTS" please change "S" to "Temporary blanket public access...." See below under SHEET 2
bullet point number 1 for more explanation.
Please label the street name for the street going west at the NW corner of the subj~ct property.
Please move the "MOUNTAINGATE DRIVE" label into the street ROW.
Please show and dimension the street centerline monuments.
Please label the Initial Point.
Please show Bearings and Distances on all exterior plat dimensions. On most of the'm it only is labeled with
"RM" on the current copy.
Please label and dimension the Basis of Bearings.
For all existing monuments per Mountaingate 1" Add on the north subject property line (each lot), please show
and dimension them in reference to the to-be-set monuments.
Please state in the title "BEING A REPLAT OF LOT 130, MOUNTAINGATE WEST"
On Lot 16, please show a dimension of the southeast line.
On the Northerly street, the west end of the easement lines are extended all the way to Mountaingate Drive. In
order to not insinuate allowance of public access to this street from Mountaingate Drive, please edit these lines
to terminate at the PUE. '
Also on the Northerly street, the east end should be cut off before the exterior property line. Please extend the
private conservation easement shown there to the south line ofthe street and terminate the street public
access easement at that private easement.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
2
'')atei Received:_t'h.po'"
Planner: AL / ,
. At the main entrance street to the 'subdivision, where it intersects Mountaingate Drive, please extend the
"public access easement" north and south lines to the Mountaingate Drive ROW.
. The greyed out hatched triangle areas are not defined on the plat. Do they apply? If they do, please define on
the plat, and also the grey is too light to be acceptable as it blurs when Xeroxed. Otherwise, please remove.
. In Lot 53, the east end leg of the 15' private conservation easement must be dimensioned.
. In the Legend, there are a few items that are not shown on the plat (please correct me if I missed seeing any)
and don't need to be in the Legend: open circle monument set, computed point, fence, LOCDR, and PUE.
. Also in the Legend, it shows ( ) for R1 reference. I don't see ( ) used anywhere on the plat. If they aren't used"
please change it to "R1 Reference per Mountaingate...."
. Also in the Legend, please add C5F.
. Also in the Legend, please change the definition of RM to "Record per R1 and measured"
SHEET 2:
. In the Owner's Declaration, after "....AND DOES HEREBY DEDICATE TO THE PUBLIC FOREVER" please add "THE
TEMPORARY BLANKET PUBLIC ACCESS AND TRAIL EASEMENT OVER TRACT A, TO TERMINATE UPON
CONSTRUCTION OF THE MOUNTAIN PARK ACCESS TRAIL, AND UPON ACCEPTANCE OF A "TRAil EASEMENT" BY
WILLAMALANE PARK AND RECREATION DISTRICT, AND......" This is per the City's "Conditions of Approval"
Finding 56 and condition 11.
. In the Surveyor's Certificate, line 6, it states "....RECORDS, THENCE NORTH ALONG THE NORTH...." Actually the
line is travelling southeasterly along the North line, so either the first "NORTH" needs to be removed or it needs
to state "SOUTH" or "SOUTHEAST".
. On the Post Monumentation completion notice, please change the years on lines 2 and 3 to "20--" as it will
most likely be 2010 when it's completed(?)
. There needs to be a CC&R note, much like the one on MOUNTAINGATE WEST.
Please resubmit a new paper copy of the plat and any comments you have regarding these requested edits at your
convenience.
If you have any questions about these comments, please contact me or Dennis Ernst.
Thanks, Chris
Chris Moorhead, PLS
Surveyor, City of Springfield Public Works
225 Fifth Street, Springfield, Oregon 97477
Tel. 541-736-1011
Fax 541-726-3781
cmoorheadlii!C1:sorinofie/d or. us
,
3
:)r.', I i"{eceived: Ii! i;/;ol;;.oo j
Planner: AL I'j
L1MBIRD Andrew
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mark Vukanovich [ma,rk@suntrustland.com]
Wednesday, April 29, 2009 12:44 PM
MOORHEAD Chris; favreaugroup@msn.com; survey@dishmail.net
L1MBIRD Andrew; ERNST Dennis; HUNTER Peggy K; 'Chad Bettesworth'
RE: North Cluster subdivision review #1
Cottage Supplemental CCR's,doc
Chris,
Attached is the supplemental CCR document with.your requested revisions. Thanks for catching those. We did end up
making a plat name change so it wouldn't be more confusing down the road. I understand Tony has submitted a revised
plat to you and the County for their review. Once we get the second set of comments back, we'll make revisions and then
submit the mylars for recording as well as the post monumentation deposiVfees. We're hoping to get this recorded in two
weeks and appreciate your help on this,
Your first set of comments were received in a timely manner and were very thorough. I very much appreciate that.. thank
you.
Let me know if you have any final comments on the supplemental CCR's.
Mark.
Mark Vukanovich
SunTrust Land Company, LLC
61878 Bunker Hill Court
Bend, OR 97702
Office: 541-330-2309
Fax: 541-330-2389
Mobile: 541-350-1060
From: MOORHEAD Chris [mailto:cmoorhead@ci.springfield.or.us]
Sent: Monday, April 27, 2009 4:50 PM
To: 'mark@suntrustland.com'; 'favreaugroup@msn.com'; 'survey@dishmail.net'
Cc: LIMBIRD Andrew; ERNST Dennis; HUNTER Peggy 'K
Subject: North Cluster subdivision review #1
Here are the City Surveyor's office comments for t~e 1" review of North Cluster.
GENERAL COMMENTS:
. On the Supplemental Declaration CCR's, the references to the plat need to be named the same as the plat. If
you want to call it "The Cottage Collection at The Heights", that is fine, but then paragraph 4 of the Supp. Dec.
should read "Lot 130 of Mountaingate West is being resubdivided into 53 lots known as North Cluster (The
Cottage Collection at The Heights) "The Cottages"."
. In the Supplemental Declaration CCR's it has a section about Private Streets. Being that the plat shows "Public
Access Easements" over all streets in the subdivision, it seems to us that there are in fact no "Private Streets". If
all streets are indeed to have "Public Access" then it should only state "Streets" instead of "Private Streets" in all
instances where it is mentioned in the CCR's. If they are intended to be "Private" then on the plat they should
be in "Private Access Easements" except of course for the main street into the trailhead which should stay public
as set forth in the conditions of approval.
. The Post Monumentation Deposit form is attached for your reference. It should be turned in, with the deposit
and fee, with t.he final plat packet.
1
Dat€1 i',aceived:3;.2Y..l&t?7'
Planner: AL 7
. Have you made the Subdivision name request / reservation from the County? If not, this needs to be done.
They have a form to fill out.
. Have you givena' copy of the plat to the County Surveyor for their review? We haven't heard any review
comments from their office, and they.should be reviewing it simultaneously with the City's review.
SHEET 1:
. The expiration date on the PLS stamp is expired. Please update. This applies to both sheets.
. Please add the Surveyor's name / address / phone number (contact information).
. Under "EASEMENTS" please change "3" to "15 foot private conservation easement....:' This is per the City's
"Conditions of Approval" Finding 58 and conditions 12 and 15.
. Also under "EASEMENTS" please change "5" to "Temporary blanket public access...." 5ee below under SHEET 2
bullet point number 1 for more explanation.
. Please label the street name for the street going west at the NW corner of the subject property.
. Please move the "MOUNTAINGATE DRIVE" label into the street ROW.
. Please show and dimension the street centerline monuments.
. Please label the Initial Point.
. Please show Bearings and Distances on all exterior plat dimensions. On most of them it only is labeled with
"RM" on the current copy.
. Please label and dimension the Basis of Bearings.
. For all existing monuments per Mountaingate 1~ Add on the north subject property line (each lot), please show
and dimension them in reference to the to-be-set monuments.
. Please state in the title "BEING A REPLAT OF LOT 130, MOUNTAINGATE WEST"
. On Lot 16, please show a dimension of the southeast line.
. On the Northerly street, the west end ofthe easement lines are extended all the way to Mountaingate Drive. In
order to not insinuate allowance of public access to this street from Mountaingate Drive, please edit these lines
to terminate at the PUE.
. Also on the Northerly street, the east end should be cut off before the exterior property line. Please extend the
private conservation easement shown there to the south line of the street and terminate the street public
access easement at that private easement.
. At the main entrance street to the subdivision, where it intersects Mountaingate Drive, please extend the
"public access easement" north and south lines to the Mountaingate Drive ROW.
. The greyed out hatched triangle areas are not defined on the plat. Do they apply? If they do, please define on
the plat, and also the grey is too light to be acceptable as it blurs when Xeroxed. Otherwise, please remove.
. In Lot 53, the east end leg of the 15' private conservation easement must be dimensioned.
. In the Legend, there are a few items that are not shown on the plat (please correct me if I missed seeing any)
and don't need to be in the Legend: open circle monument set, computed point, fence, LOCDR, and PUE.
. Also in the Legend, it shows ( ) for R1 reference. I don't see ( ) used anywhere on the plat. If they aren't used,
please change it to "Rl Reference per Mountaingate...."
. Also in the Legend, please add CSF.
. Also in the Legend; please change the definition of RM to "Record per Rl and measured"
SHEET 2:
. In the Owner's Declaration, after "....AND DOES HEREBY DEDICATE TO THE PUBLIC FOREVER" please add "THE
TEMPORARY BLANKET PUBLIC ACCESS AND TRAIL EASEMENT OVER TRACT A, TO TERMINATE UPON
CONSTRUCTION OF THE MOUNTAIN PARK ACCESS TRAIL, AND UPON ACCEPTANCE OF A "TRAIL EASEMENT" BY
WILLAMALANE PARK AND RECREATION DISTRICT, AND......" This is per the City's "Conditions of Approval"
Finding 56 and condition 11.
2 .
Date Received: 'P-~j;~t7f
Planner: AL
. In the Surveyor's Certificate, line 6, it states "....RECORDS, THENCE NORTH ALONG THE NORTH:..." Actually the
line is travelling southeasterly along the North line, so either the first "NORTH" needs to be removed or it needs
to state "SOUTH" or "SOUTHEAST".
. On the Post Monumentation completion notice, please change the years on lines 2 and 3 to "20_" as it will
most likely be 2010 when it's completed(?)
. There needs to be a CC&R note, much like the one on MOUNTAINGATE WEST.
Please resubmit a new paper copy of the plat and any comments you have regarding these requested edits at your
convenience.
If you have any questions about these comments, please contact me or Dennis Ernst.
Thanks, Chris
Chris Moorhead, PLS
Surveyor, City of Springfield Public WoiXs
22S Fif1:h StreeC Springfield, Oregon 97477
. Tel. 541-736-1011 .
Fax 541-726-3781
cmoorhead({j)ci.sorinafieldor.us
3
D,e"" "':",ceived: f.1.y:;.,,,r
Planner: AL .
After RecordingReturn To:
SunTrust Land Company, LLC
61878 Bunker Hill Court
Bend, OR 97702
SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE COTTAGE COLLECTION AT
THE HEIGHTS, a replat of
Lot 130, MOUNTAINGATE WEST
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST (THE
HEIGHTS) is made by SunTrust Land Company, LLC ("Declarant").
The plat for MountainGate West was recorded on November 9, 2006, in the Plat
Records of Lane County, Oregon, and assigned Recorder's Number 2006-80817 in the
Official Records of Lane County, State of Oregon. MountainGate West includes Lots 1-
130 and Tracts A, B, C and D.
Declaration of Covenants, Conditions, Restrictions and Easements (CCR's) for
MountainGate West (The Heights) was recorded on June 22, 2007, in the Plat Records of
Lane County, Oregon, and assigned Recorder's Number 2007-042497, Official Records
of Lane County, State ofOregoh.
Lot 130 of Mountain Gate West is being resubdivided into 53 lots known as The
Cottage Collection at The Heights (The Cottages).
Lots I-53 and all open space associated with The Cottages shall be held,
transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act
as may be amended from time to time and subject to the covenants, conditions,
restrictions and easements for MountainGate West.
[MinimUm Residential Square Footage
Page I of 4
Date neceived:_jl,l~P?
Planner: AL
Except, there is no minimum residential floor area as required in Section 4.2.
Due to the nature of the smaller lot sizes within The Cottages development, the minimum
square footages required on lots 1-129 of Mountain Gate West (Estate Lots) do not apply
to Lots 1-53 of The Cottages.
Trees
It is anticipated that each lot will not be required to plant J street trees as
mentioned in the original CCR' s since these lots are significantly smaller in width than
the Estate Lois. The previously approved street trees along MountainGate Drive will be
required to be planted prior to occupancy approximately every 30 feet. Each lot will be
required to plant at least one tree in the rear and front of each home prior to occupancy.
Prior to occupancy, each owner oflots 1-16 will be required to plant one
coniferous tree, at least 8 feet in height at the time of planting, within the rear of each lot
along the northern lot line. If trees are planted prior to any construction for a given lot,
then said tree( s) shall be protected from construction impacts by installation of
appropriate barrier fencing.
Trees that are to be retained within the 15 foot wide Private Conservation
Easements affecting Lots 1-16,36,37 and 53 and those within Tract A shall be protected
from construction impacts by installation of appropriate barrier fencing.
Planting of all trees will need to be approved as required in Section' 6. 1 ofthe
CCR's.
Retaining Walls
It is anticipated that retaining walls will be built along the front of lots 29-36 and
the rear of lot 51-53. The owners of each lot will be responsible to maintain the walls in
good working condition so they perform the function that they were built for. It is further
anticipated that walls will be used to help construct the street hammerheads affecting lots
. 18'& 19 and 51 & 52. These hammerhead walls will be maintained by the Heights
Owners Association as part of the private street maintenance obligation. The Heights
Owners Association has a blanket easement over lots 18 & 19 and 51 & 52 to maintain
said retaining walls.
Private Conservation Easements
A fifteen foot wide conservation easement have been established on the Plat of
The Cottages and are located upon portions oflots 1-16,36,37 & 53. These easements
have been established to help preserve the natural vegetation and character of the
northerly and southerly exterior boundary of The Cottages Development. No structures,
including decks and porches shall be locted within these areas except fences. Retaining
structures required to maintain the stability of a dwelling on a lot or to prevent soil
Page 2 of 4 .
Date Received- ?r,Je7t?f
Planner: AL
movement may be allowed if recommended by a geotechnical engineer or structural
engineer licensed in the State of Oregon and if specifically approved by the City of
Springfield and the Architectural Review Committee., Any such structure . shall be
designed to intrude the least amount possible into the Conservation Easement area and to
approximate natural grades and maintain natural vegetation. No native vegetation may
be removed from within these areas except as necessary to meet fuel break standards for
fire protection and diseased or danger trees as determined by a professional forester,
arborist or other certified landscape professional (landscape professional) and approved
by the City. Diseased and danger trees to be removed shall be shown on the initial
building permit application submittal to the City, with a landscape professional's written
opinion identifying the nature of the hazard or must otherwise be authorized for removal
through an independent tree felling peimit issued by the City. Trees and understory may
be thinned and pruned to enhance their health and appearance and to meet fire protection
standards. Nonnative vegetation including blackberries, scotch broom and ivy may be
removed. The use of herbicides within the Conservation Easement area is.!imited to
application to individual nonnative plants. Broadcast ,application is strictly prohibited.
Use of heavy equipment within the easement area is limited to the minimwn necessary
for permitted tree removal or utility maintenance or repair. Fencing is allowed within the
Conservation Easement provided that it is approved by the Architectural Review
Committee. Fencing located within the Conservation Easement shall be installed such
that it does not impact healthy native trees that have a diameter at breast height (DBH) of
five inches or greater. Fencing shall not be attached to trees.
Streets
The owners of Lots I-53 of The Cottages are responsible for the financial costs
associated with the upkeep and maintenance of the streets located within The Cottages
Development. The Heights Owners Association will utilize a reserve study in order to
help identifY the appropriate amount of Homeowners Dues specifically required from the
owners of The Cottages to cover the additional costs associated with the maintenance
obligation of said streets.
Tract A
Tract A is to be owned and maintained by the Heights Owners Association and
can be used and enjoyed by all members of the Association. Amenities within Tract A
will include a public trail allowing the public to gain access to the main trail system that
meanders through Mountain Park. This trail will be identified as a public trail and it is
anticipated that it will be maintained by Willamalane Parks District. Any other amenities
will be owned and maintained by the Heights Owners Association.
Page 3 of 4
Date V{eceived:
Planner: AL
'I/;.9 / ~'1
, /
of
IN WITNESS WHEROF, Declarant has executed this instrument ~his
,2009.
day
SunTrust Land Company, LLC
By: Mark Vukanovich, Managing Member
STATE OF OREGON )
)SS.
County of Lane )
This instrument was acknowledge before me on ,2009,
by Mark Vukanovich, a Managing Member of SunTrust Land Company, LLC.
Notary Public for Oregon
My commission expires:
Page 4 of 4 '
Date f'{eceived' p~"'f
Planner: AL