HomeMy WebLinkAboutEasement APPLICANT 9/28/2010 (2)
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DECLARATION OF A VARIABLE WIDTH PRIVATE JOINT USE ACCESS AND
UTILITY EASEMENT AND MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that Back Porch Properties, LLC are the owners of Lots 1-6 of BACK
PORCH PROPERTIES subdivision, recorded ,2010, Reception No. 2010-'
adiled in Lane County Official Records, Lane County, Oregon.
FURTHER, said Owners create a variable Width Private Joint Use Access and Utility Easement, across Lots 1-6, for
the benefit of Lots] -6, as shown on said Subdivision and herein as Exhibit "A".
FURTHER, said Owners, Heirs, Assigns or Successors of Lots ]-6 will share said easement and said Owners, Heirs,
Assigns or Successors of Lots] -6 will enter into a Maintenance Agreement.
NOW THEREFORE, it is hereby agreed and declared that:
]. The Owners, Heirs, Assigns and Successors of the above named Lots of said Subdivision shall share
equally in the costs of maintenance and operation of said Easement.
2. The Owners, Heirs, Assigns and Successors of said Lots may construct and maintain private utilities
over and across said Easement.
3. The Owners, Heirs, Assigns and Successors of said Lots shall cause said Easement to remain free of
structures and parked vehicles and shall be available for access to the public road at all times.
4. Maintenance to the access facilities shall be undertaken at such time as the majority of the owners,
being served by said Easement deem it desirable.
5. Maintenance to the stormwater facilities shall be undertaken at such time as the majority of the owners,
being served by said Easement deem it desirable or at such a time as necessary to ensure the
functionality of said facilities. See Exhibit "8" for more details of the Vegetation Management
Operations and Maintenance Plan.
6. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency
vehicle access.
FURTHER, The provisions of this instrument touch and concern, and relate to the use of Lots I -6, and are intended
to be covenants and restrictions running with the land.
The true and actual consideration ofthis declaration is $ 0.00.
Granted and declared this
day of
,20]0.
Gregory D. Larkin, Managing Member
Back Porch Properties, LLC
State of Oregon
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County of Lane
This instrument was acknowledged before me on _day of
managing .me~ber,Back < Rorch ,Properties, L Le.
,20]0 by Gregory D. Larkin,
Notary Public for Oregon
My Commission Expires:
PRE-SUBMITTAL RECIO
SEP 2 8 2010
Upon recording please return to: Olson & Morris, 380 Q Street Suite 200, Springfield, OR 97477
4123-Variable Width Private Joint Use Access and Utility Easement and Maintenance Agreement
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PRE-SUBMITTAL REC/D
SE? 2 8 2010
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EXHIBIT "B"
VEGETATION MANAGEMENT
FACILITIES THIS APPLIES TO
. Vegetated facilities: ecoroofs, infiltration basins, planters, ponds, sand filters,
swales, trees, vegetated filters, and wetlands.
IMPORTANCE TO FACILITY PERFORMANCE
Plants play an important role in stormwater facilities. They absorb water, improve
infiltration rates of soil, prevent erosion by stabilizing soil, cool water, and capture
pollutants. Plants create habitat for birds and other wildlife and provide aesthetic value
to a property. Proper maintenance of vegetation improves the appearance and
performance of facilities.
WHAT TO LOOK FOR
When identifying maintenance needs, it is helpful to have a copy of the landscape plan;
this shows the required plants for the facility. Facilities should be checked for
maintenance needs quarterly for the first 2 years and twice a year after that.
A facility needs maintenance when:
. Areas of soil are bare.
. Vegetation is "buried by sediment.
. Vegetation appears unhealthy or has died.
. Nuisance and invasive plants are present.
. Vegetation is compromising the facility's structure by blocking inlets or
outlets, or roots are intruding into a component of the facility.
. Dropped leaves and other debris are contributing to sediment accumulation
or are blocking inlets or outlets.
WHAT TO DO
Maintenance activities can easily be incorporated into existing site landscape
maintenance contracts. Vegetation can be maintained with a formal or more natural
appearance, depending on your preference.
General Maintenance
. Remove dropped leaves, dead plants, and grass and other plant clippings.
Plant debris adds nutrient pollution as it breaks down and can clog facility
piping and reduce infiltration.
. Avoid using fertilizers, herbicides, or pesticides in the facility. These
products add to the pollution problems the facilities are designed to remedy.
Chapter 3: Operations and Maintenance
Portland Slormwater Management Manual- August 1, 2008
PRE-SUBMITTAL REC'O
" 3-25
. SEP 2 8 Z010
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EXHIBIT
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''B "
CONTINUED
VEGETATION MANAGEMENT (continued)
General Maintenance (continued)
. Use mulch to inhibit weed growth, retain moisture, and add nutrients.
Replenish when needed. Ensure that mulch does not inhibit water flow in the
flow path.
. Irrigate all new plantings as needed for the first 2 years.
Caring for Wanh~d Vegetation
Facility owners are responsible for maintaining healthy vegetation and must
replace any plants that have died or been removed.
. You are required to maintain vegetation to the density approved on your
landscape plan or specified in the facility description in Chapter 2.
. Replant with vegetation approved for use in the original planting plan or
from the recommended plant list in Appendix F.4.
. Plant in late fall or early spring so plant roots can establish during the cool,
rainy seasons, before summer.
. Amend, aerate, and/ or till compacted soils before replanting by adding
compost to increase nutrients and enhance soil texture.
. If plants are not surviving, determine the reason for the plant die-off.
Survivability may be improved by planting vegetation better suited for the
site conditions or by irrigating more. You may need to test planting bed soils
for pH, moisture, and other factors such as nutrient levels, soil structure, and
organic matter content.
. Grassy facilities are designed for routine mowing. Mowat least twice a year.
. Grass should be mowed to keep it 4 to 9 inches tall.
. Grass that is at least 4 inches tall captures more pollutants and is hardier.
Grass over 10 inches tall is considered a nuisance by City regulations.
Nuisance and Unwanted Vegetation
. Remove nuisance and invasive vegetation such as Himalayan blackberry,
English iVy, and reed canarygrass before it goes to seed in the spring. Do
additional weeding in the fall. A list of nuisance plants can be found in the
Portland Plant List. (See Additional Resources, below.)
. Immediately remove vegetation that is clogging or impeding flow into the
facility .
. Remove potentially large and deep-rooted trees or bushes when they might
impede the flow path or compromise facility structures.
. Provide erosion control on any dirt exposed by vegetation removal.
PRE-SUBMITTAL REC'D
SEP 2 8 2010
Chapter 3: Operations and Maintenance
Porlland Stonnwater Management Manual- August 1, 2008
3-26
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EXHIBIT "B" CONTINUED
VEGETATION MANAGEMENT (continued)
Wildlife
Vegetated facilities create habitat, especially for birds. The Migratory Bird Treaty
Act protects all native bird species. Birds and other animals will generally adjust
to human activity. . However, there are simple measures that should be taken to
avoid disturbance:
. Walk the site before you do maintenance. Look for nests, burrows, and
animals in the facility. Reroute around animal areas by at least a few yards.
ADDITIONAL.RESOURCES
City of Portland resources:
Naturescaping courses, native and invasive plant posters:
www.portlandonline.com/bes/index.dm?c=dcbec
Environmental Services Watershed Revegetation Program:
www.portlandonline.com/bes/index.dm ?c=dffci
Portland Plant List (native and nuisance plants)
www.portlandonline.com/shared/dm/image.dm?id=58951
Plant identification:
Native Plant Society: 503-460-3198
www.npsoregon.org/
Master Gardeners:
www.orst.edu/ extension/ mg/
Native plant nurseries:
Plant Native:
.. www:plantnative.org . ,
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PRE.SUBMITTAL REC'O
SEP 2 8 2010
Chapter 3: Operations and Maintenance
Portland Stormwater Management Manual - August 1, 2008
3-27