HomeMy WebLinkAboutComments PWS 5/6/2009
~
.
L1MBIRD Andrew
From:
Sent:
To:
Cc:
Subject:
Attachments:
MOORHEAD Chris
Wednesday, May 06, 20094:20 PM
'Mark Vukanovich'; favreaugroup@msn.com; survey@dishmail.net
L1MBIRD Andrew; ERNST Dennis; HUNTER Peggy K;'Chad Bettesworth'
The Cottage Collection at the Heights (formerly North Cluster) - subdivision review #2
Cottage Supplemental CCR's - suggested edits. doc
Here are the City Surveyor's office,comments for the 20' review of the above referenced plat:
SHEET 1:
. On the fence along the north property line, it looks like it is on the property line for the entire length. To clarify,
can you please add a note and leader pointing to the fence stating "FENCE IS ON THE PROPERTY LINE"
. On the east end of the north access road, the south line ofthe road extends to the exterior property line. Can
you please cut it off before that exterior line, maybe by just trimming it at an extension of the conservation
easement west line? Just as long as easement doesn't extend to the exterior boundary.
. In discussion with the County Surveyor's office and further discussion with departments within the City, there
has been some concern that all of the streets in the plat are covered by a "Public Access Easement", rather than
just the main entrance road to the future trailhead (Tract A), which is the only one required to be public access
per the planning conditions of approval. It would help to make things clearer if you could make another
easement type, "VARIABLE WIDTH PUBLIC UTILITY AND PRIVATE ACCESS EASEMENT DEDICATED HEREON".
Then have the streets .both North and South of the main entrance road be the new PRIVATE easement type.
Please also include the intersection curves in the Public section, for some turnaround space.
SHEET 2:
. On the CCR note, being that for this plat it is a Supplemental CCR, can you please make reference to the 'original
CCR recording information (the already recorded Mtngate West CCR) and also the Supplemental CCR with
recording information blanks to be filled in.
OTHER ITEMS:
. There are some requested edits to the Supplemental CCR's that Andy (planning) made, and a copy of the CCR's
with those requested edits is attached.
. Also, Dennis (City Surveyor) requested tliat in the Supplemental CCR's, STREETS section, note is made of who is
responsible for private utilities located therein, if any. Here's Dennis' quote:
,
The street section mention the home owners association will be charged with the ongoing maintenance. There are a
lot of private utilities that were not mentioned that will have that same obligation. Somewhere it needs to be clear
that the homeowner will have to maintain all private infrastructure. It should be clear where the line between the
public and private ~ystems is. (Such as all utilities in private easement and private roadways are owned by the
homeowners association)
I think a note that "Within the Public Utility Easements and Access Easements, all utilities p~st the electric vaults
serving an individual residence, all water service past the water meter serving an individual residence, all television
service past the main junction box serving an individual residence, and any other utility service serving an individual
,residence past it's main junction box are private services maintained by the residence or lot they serve" Does
that sound reasonable??
1.
Date Received: S~/~t9
Planner: AL
Attached below are the County's comments.
~.
.
I will let you know later today if I have any comments on the new easement layout.
Thanks, Chris
Chris Moorhead, PLS
Surveyor, City of Springfield Public Works'
225 Fifl:h Street, Springfield, Oregon 97477
Tel. 541-736-1011
Fax 541-726-3781
cmoorhead@ci.sorinofieldor.us
From: HUNTER Peggy K [mailto:Peggy.HUNTER@CO.Lane.OR.US]
Sent: Wednesday, May 06, 2009 3:06 PM
To: MOORHEAD Chris; ERNST Dennis; GIVENS Everett L
Subject: FW: Cottage Collection at the Heights--SUB 2007-00041 -- Comments
LANE COUNTY SURVEYOR'S OFFICE COMMENTS
Dear Dennis & Chris,
With regard to this Subdivision please have Mr. Swanson address the following:
1. There is a segment of the exterior boundary missing in the Certificate which should follow "547.98" at the end of line 8.
2. Please change "Landscape" in the last sentence of the Declaration to "Conservation" to match Easement Note 3.
3. If the Notary is not using their stamp please include a line for both the signature and printed name of the Notary.
4. In Easement Note # 4 insert the word "Private" before-"access easement". If the street leading to Tract IIAII is to be used by
. the public to access the trails perhaps a note could be added to that effect;
S. Will these Streets be named? If so, the names should be submitted to the road naming committee for approval. Approved
names need to be shown on plat.
6. Please enlarge the font size of the exterior boundary dimensions to help differentiate between lot dimensions:
7. In the Lots that contain curves it would be helpful to give dimensions of the line segments from the ends of the curves to
the property lines. These dimensions could be added to the Line Table since there isn't much room on the map.
8. Please include recoding information of the existing CC&R's on the plat.
9. An updated Title Report will be required prior to final approval.
10. Taxes for 2008-2009 in the amount of $10,853.59 are due prior to final approval (Amount good until 5/15/09).
11. Fees Due: ( payabie to "Lane County", two checks please)
Recording Fees;
Processing & Filing:
$576 + Docs?
$700
2
Date Received: S- ;'/~7
Planner: AL
After Recording Return To:
,Sun Trust 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, MOUNTAIN GATE 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 of 4
Date Received' ~/b/J-t>07
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 l10ts 1-129 of MountainGate 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 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 ffits--Lots 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 of the
CCR's.
Retaining Walls
It is anticipated that retaining walls will be built along the front of11ots 29-36. the
side of Lots 37 & 53. and the rear of1lot~ 51-53. These retaining walls will be
eno:ineered and constructed to nerform a structural sunnort function for the affected lots.
The owners of each lot will be responsible to maifltain meserve the retaining: walls in
originaL unmodified j!sv.i working.. condition_-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 Luiam"rheads turnaround "hmnmerheads" affecting 110ts 18 & 19 and 51 & 52.
These hammerhead retaining 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 l10ts 18 & 19 and 51 & 52 to maintain said
retaining walls.
Private Conservation Easements
Page 2 of 4
Date F{eceived' ^,j6tlJtl9
Planner: AL . /
DRAFT
A-4Eifteen foot wide conservation easementji have been established on the Plat of
The Cottages and are located upon portions oflJots 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 locgted within these areas;" mwept
fences are exemot from this condition. Retaining structures required to maintain the
stability of a 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 m:r.!c2 :Re least amolffit
p:ssi'ol: 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 of the 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 t9 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
Page 3 of 4
Data Received. s:lt.poc'l'
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 WilIamalane Parks District or desi2: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 acknowledged before me on
2009, by Mark Vukanovich, a Managing Member of Sun Trust Land Coml?any, LLC.
Notary Public for Oregon
My collllllission expires:
Page 4 of 4
Date Received: S- A ~1JOr _
Planner: AL ;; C