HomeMy WebLinkAboutMiscellaneous APPLICANT 1/29/2010 (3)
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Division of Chief Deputy Clerk
Lane County Deeds and Records
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1111I111111111111111111111 11111111111111111111111 $72,00
01111572200900610490070077
10/30/2009 10:20:32 AM
RPR-REST Cnt=1 Stn=1 CASHIER 05
$35.00 $10.00 $11.00 $16.00
DECLARA TlON OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SKYCHIEF PARK SUBDIVISION
THIS DECLARATION is made on the date hereinalier set forth by TWIN BUTTE
INVESTMENTS, me. and DONALD HAASE, herein "Declarant":
I.
Declarant is the owner of the property known as SKYCHlEF PARK, in Lane County,
Oregon, which is describcd on the attached Exhibit "A",
II,
Declarant deeills it desirable in furtherance of the purposes set fo~cinto cstablish
these covenants and restrictions which shall apply to all of the property dcscribed on Exhibit "A".
III.
Declarant hereby declares that all of the Lots contained within the Exhibit "A" propcrty
shall be hcld, sold and conveyed subject to the following restrictions. covenants and conditions,
which arc for the purpose of protecting the value and desirability of, and which shall run with,
the real property and be binding on all parties having any right, title or interest in the described
property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
cach owner thereof.
ARTICLE I
Definitions
Section I - "Owner": Shall mcan and refer to the record owner, including contract, purcbascrs,
whether one or more persons or entities, of the fee simple title to any lot which is part or the
properties, including contract seller, but excluding thoseJ:fl3lo\.(:; Er[~ '1 ~~lS
Declaration of Covenants, Conditions and Restrictions E I V C"pB~ or 6
Skychief Park Subdivision
JAN 29 2010 '
After recording relum to
Lane County surveyors
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security for the perfonnance of an obligation.
Section 2 - "Properties": Shall mean and refer to that certain real property described on
Exhibit "A".
Section 3 - "Lot": Shall mean and refer to any plot of land shown on any recorded subdivision
map contained within the Exhibit "A" Property.
ARTICLE II
Use and Maintenance Restrictions
Section I - Residential Use: All lots shown on the plat of Skychief Park shall be used only for
private residential purposes. No trade, business or profession shall be conducted or practiced on
any of the Lots. Each Lot must contain one duplex in accordance with the City of Springfield
density requirements.
Section 2 - Animals: No kennel, aviary containing more than five (5) birds, dairy, barn, hutch or
warren shall be erected or maintained on any residence lot. No commercial operation or breeding
for dogs, cats, birds, horses, cows, poultry, rabbits or other domestic animals or fowl shall be
allowed thereon, except this restriction shall not be construed to prohibit ordinary household pels
which do not constitute any annoyance or nuisance to the neighborhood.
Section 3 - Trees: As required by these Covenants, Conditions and Restrictions, each Lot shall
have trees planted at the owner's expense. Planting shall commence immediatcly upon
completion of construction as per City code.
Section 4 - Nuisance: No noxious or offensive trade or activity shall be ealTicd upon any lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance to thc
neighborhood.
Section 5 - Temporary Buildings: No trailer, basement, shack, tent, garage, barn or other
outbuilding erected in the subdivision shall at any time be used as a residence temporarily, or
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. pemlanently, nor shall any structure of a temporary character be used as a residenec.
Section 6 - DrainagelBioswales: Each Lot owner agrees they will not in any way interfcre 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 thereof, "established drainage is
defined as the drainage which occurred at the time the overall grading of the subdivision by the
Declarant." The Bioswale' areas on the property are set forth on the plat of this subdivision and
shall be maintained as follows:
RECEIVED
Declaration of Covenants, Conditions and Restrictions
Skychief Park Subdivision
JAN 2'9 2010
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Page 2 of 6
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6.1 Swales are planted or grassed open channels that trap pollutants by filtering and
slowing flows, allowing particles to settle out. All facility components, vegetation, and sourcc
controls shall be inspected for property operations and structural stability, at a minimum,
quarterly for the first two (2) years from the date of installation, two (2) times per year thcreaftcr,
and within 48 hours after each major storm event. Declarant or its representative shall kcep a
log, recording all inspection dates, observations, and maintenance activities. The following items
shall be inspected and maintained as stated:
6.2 Swale Inlet (such as curb cuts or pipes) shall maintain a calm flow ofwatcr entcring
the swale.
6.2 (a) Source of erosion shall be identified and controlled whennativc soil is
exposed or erosion channels are forming.
6.2 (b) Sediment accu~nulation shall be hand-removed with minimum damage to
vegetation using proper erosion control measures. Sediment shall be removed ifit is more than
4" thick or so thick as to damage or ki II vegetation.
6.2 (c) Inlet shall be cleared when conveyance capacity is plugged. Sources of
sediment and debris shall be identified and corrected.
6.2 (d) Rock splash pads shall be replenished to prevent erosion.
6.3 Side Slopes shall be maintained to prevent erosion that introduces sedinient into the
swale. Slopes shall be stabilized and planted using appropriate erosion control measures when
native soil is exposed or erosion channels are fOlming.
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6.4 SwaleMedia shall allow stomlwater to percolate unifonilly throbgh the landscape
swale. If the swale does not drain within 48 hours, it shall be tilled and replanted according to
design specifications and miilual or semi-annual tilling shall be implemented if compaction or
clogging continues. Debris in quantities that inhibit operation shall be removed routinely (e.g.,
no less than quarterly), or upon discovery.
6.5 Swale Outlet shall maintain sheet flow of water exiting swale unless a collection
drain is used. Source of erosion damage shall be identified and controlled whennativc soil is
exposed or erosion channels are forming. Outlets such as drains and overland flow paths shall bc
cleared when 50% of the cOliveyance capacity is plugged. Sources of sediment and debris shall
be identified and corrected. . .
6.6 Vegetation shall bc healthy and dense enough to provide filtering whilc protecting
underlying soils from erosion. Mulch shall be replcnished as needed to cnsure survival of
vegetation.
RECEIVED
Declaration of Covenants, Conditions and Restrictions
Skychief Park Subdivision
JAN 292010
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6.6 (a) Vegetation, large shrugs or trces that interfcrc with landscapc sw,dc
operation shall be pruned. '
6.6 (b) Fallen leaves and debris from deciduous plant foliage shall be rcmovcd.
6.6 (c) Grassy swales shall bc mowed to keep grass 4" to 9" in height. Clippings
shall be removed to remove pollutants absorbed in grasses.
6.6 (d) Nuisance and prohibited vegetation as described in the City of Portland,
Oregon Prohibited Plant List (such as blackberries and English Ivy) shall be removed when
discovcred. Invasive vegetaiion contributing up to 25% of vegetation of all species shall be
removed and replaced.
6.6 (e) Dead vegetation and woody material shall be removed to maintain less
than 10% of area coverage or when swale function is impaired. Vegetation shall be replaced
within three months, or immediately if rcquired to maintain cover density and control crosion
wherc soils are exposed.
6.7 Spill Prevention measures shall be exercised when handling substances that
contaminated storrnwater. Releases of pollutants shall be corrected as soon as identified.
6.8 Training and/or Written Guidance Information for opcrating and maintaining
swales shall be provided to all owners.
6.9 Access to the swales shall be safe and efficient. Egrcss and ingress roules shall bc
maintaincd to design stai1dar,9s. Roadways shall be maintained to accommodatc si,.c and wcight
ofvehicIcs, if applicable. 'O~slacles prcventing maintenance personncl and/or cquipmcnt acccss
to thc swales shall be removed. Gravel or ground covcr shall bc addcd if crosion occurs, c.g.,
due to vchicular or pedestrian traffic.
6.10 Insects and Rodents shall not be harbored in the swale. Pest controlmcasurcs
shall be taken when insccts/rodents are found to be prcsent.
6.10 (a) If a complaint is received or an inspection rcveals that a stormwatcr
facility is significantly infested with mosquitoes or othcr vectors, property owner may bc rcquired
to eliminate the infestation at the City Inspector's discretion. Control of the infcstation shall bc
attempted by using first non-chemical methods and secondly, only those chcmicalmcthods
specifically approved by the City Inspector. Acceptable methods include but arc not limited to
the following:
(i) Installation of predacious bird or bat nesting boxes.
(ii) Alterations of pods water A'ECilJJ;lte\ev~oMays ill ordcr
Declaration of Covenants, Con~itions and Restrictions ell E ~.f.ge 4 "f 6
Skyehief Park Subdivision
JAN 29 2010
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to disrupt mosquito larval development cycles.
(iii) Stocking ponds and other permanent water facilities with fish or other
predatory species.
(iv) Ifnon-chemical methods have proved unsuccessful, contact the City
Inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thurengensis
var. israeliensis or other approved larvacides. These materials may only be used with City
Inspector approval if evidence can be provided that these materials will not migrate off-site or
enter the public stormwater system. Chemical larvicides shall be applied by a licensed
contractor.
6.10 (b) Holes in the ground located in and around the swale shall be filled
Section 7 - Refuse: NO LOTS SHALL BE USED OR MAINTAINED AS A DUMPING
GROUND FOR REFUSE. Trash, garbage and other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material as
prescribed by ordinance shall be kept in a clean and sanitary 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 withill
walls of the building or enclosed by light fences completely screened from sight.
Section 8 - Vehicles: There shall be no overnight parking on the access driveways Vehicles
shall be parked in appropriate areas so as not to hinder the overall beauty of the area. All boats,
trailers, and R.V.'s shall be stored in an appropriate area behind a screen or fence no closer to the
street than the front oftlie garage.
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Section 9 - Landscaoiiig;iLots must be landscaped and maintained in a heat, clean condition.
Section 10 - Access and,Utility Easements: Easements for access and the installation and
maintenance of utili tie's ~te depicted on the plat map of this subdivision. The eascment areas
shall be maintained in a serviceable condition.
ARTICLE IV
General Provisions
Section I - Enforcement: In addition to the rights of any affected owner to enforcc the covenants
and restrictions contained herein, ifany of the restrictions, covenants or conditions are violated,
or ifit appears that an attempt to violate will be made, any affected property owncr shall also
have the authority to institute and prosecute a proceeding to prevent or correct sllch violationS.
No failure to prosecute any person for any violation or attempted violation shall be deemed a
waiver of a right to enfo~~e any such violations by HE eEl vErD The
Declaration of Covenal~ts, <;onditions and Restrictions Page 5 of 6
Skychicf Park Subdivision ::.
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JAN 29.2010
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prevailing party shall be entitled to recover costs and a reasonable attorney's fees for both trial
and any appeal of such proceedings.
Section 2 - Conflict: In the case of conflict between these restrictions and any zoning ordinancc
of any govemmental body, the more restrictive provision shall prevail.
Section 3 - Severabilitv: Invalidation of any part of the restrictions shall in no way affect thc
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 all of the owners of the Exhibit "A" property.
Section 5 - Time: This Declaration shall be perpetual unless amended by an instrument signed
by 75% of the owners and recorded in the Deed Records of Lane County.
IN WITNESS WHEREOF, Declarant has executed this instrument on the ~ay of
, 200lf
TWIN BUTTE INV~ TMENTS, INe.
HAASE, President
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By:
STATE OF OREGON J )
: s.s.
County of Lane ) :t,.
Personally appeared before~~ this IL~day of _'J,.".......r'1__, 200t, the above named DONMJ)
HAASE as President of TWIN BUTTE INVESTMENTS, INC., and acknowledged the I'lregoing instrument to be
its voluntary act and deed. t'.:,
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~~OiZE' IN
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OFFICIAL SEAL
AARON M ZEH
NOTARY DUBUC - OREGON
COM,'.,!lcSIC)N NO. 420885
MY COMMISS:'-", ':""IRF.S SEPT 3,20'
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STATE OF OREGON
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COl/lltya/Lane
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Personally appeared before me, this .1b..~ay of ~~ ' 20~, the above, 60NALD IIAASE,
and acknowledged the foregoing instrument to be his voluntary act an eed.
OFFICI/.L SEAL
At\RON M ZEH
NOT.'~' "'laUC-OREGON
C, "':'. NO. 420885
l'iiY COi~;. ""1ES SEPT 3,2011
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RECE1\1ED
Declaration of Covenants, Condition,s and Rcstdctions
Skychief Park Subdivisl911
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JAN 29 2010
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Exhibit "A"
SKYCHIEF PARKas recorded in Document Number 2009- 6/07"2.
Lane County Oregon Official Records, in Lane County Oregon.
RECEIVED
JAN 29 2010
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