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HomeMy WebLinkAboutMiscellaneous APPLICANT 3/25/2010 . . .~, ~ . Owner/Grantor: After recording return to: City of Springfield Public Works Department " 225 Fifth Street Springfield, OR 97477 BREEDEN BROS., INC. ROBERT L. BREEDEN 366 EAST 40 TH AVE, SUITE 250 EUGENE, OR 97405 Granteemedicatee: CITY OF SPRINGFIELD RIVER HEIGHTS SUBDlVISIPN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DEVELOPERfDECLARANT BREEDEN BROS., INe. Plat of River Heights recorded simultaneously herewith in Lane County Deed Records at: RECEPTION NUMBER RIVER HEIGHTS PAGE I ~--<5- It) Date Received: - Planner: SH . . . DECLARATION OF PROTECTIVE COVENANTS, " CONDITIONS AND RESTRICTIONS FOR RIVER HEIGHTS THIS DECLARATION is made this _ day of BROS., INC., an Oregon corporation ("Declarant"). ,2010 by BREEDEN OBJECTIVES Declarant owns approximately 33.5 acres located within the City of Springfield, Lane County, Oregon. Declarant proposes to develop approximately 22 acres of this property to be known as River Heights Subdivision, hereinafter "River Heights." The remaining property may be owned and maintained by the applicable governmental entities devoted to:'open space, various recreational purposes, or other purposes. Declarant hopes to create in River Heights a carefully planned community which will provide an attractive place to live. Declarant plans to organize within River,Heights single-family residential lots of varying sizes and characteristics, all of which will have restrictions as to use of the properties. Declarant has planned River Heights to permanently provide for architectural and landscape architectural design standards; long-term preservation and enh~cement of areas of significant existing natural features; to expand and supplement such natuial areas with adjacent or nearby properties; and to establish a canopy of natural features through planting of trees and shrubs on the public rights-of-way and on Lots. These covenants, conditions ahd restrictions have been adopted and will be interpreted and applied in recognition of the following Goals: That long-term preservation and enhancement of natural features will best succeed through the time and monetary commitment of the Lot Owners. That maintaining and enhancing the architectural and landscape architectural design integrity of all improvements to be made within River Heights on a long term basis will best succeed with the review and oversight ofthe original construction plans by the Declarant acting as the Architectural Review as provided herein. To achieve the architectural and preservation goals, Declarant is retaining the administrative, maintenance, replacement, enhancement, and enforcement responsibilities for River Heights until Declarant has completed River Heights. Declarant will provide leadership in organizing and administering the River Heights community during th~ development period, but expects property owners in River Heights to accept the responsibility for community administration by the time development is complete. By adoption of these Covenants, Conditions, and Restrictions, Declarant is not committing itself to take any action for which definite provision is not made below nor is Declarant prohibited from RIVER HEIGHTS PAGE 2 Date Received: Planner: SH "? 7';;- 'J () . . adding improvements or undertaking any activity not described in this Declaration. One who acquires property in River Heights will have the advantage of any further development of River Heights, but will not have any legal right to insist that there be any further or other development except as provided in this Declaration, in the plat of River Heights. Declarant has recorded the plat of River Heights in the plat records of Lane County, Oregon. Declarant desires to subject Lots I through 57 of the property described in such plat to the conditions,restrictions, and charges set forth herein for the benefit of the property and its present and subsequent owners, and to establish the property as the community to be known as River Heights. NOW, THEREFORE, Declarant hereby declares that the Property described in the plat of River Heights will be held, sold, and conveyed subject to the following easements, covenants, conditions, restrictions, and charges, which will run with the property and will be binding upon all parties having or acquiring any right, title, or interest in the property or any part thereof and will inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS As used in this Declaration, the terms set forth below will have the following meanings: 1.1 Architectural Review Committee. Means the Declarant which will function as the Architectural Review Committee pursuant to Article VIII hereof until Declarant has sold all of the Residential Lots within River Heights. Declarant, in its sole and absolute discretion, will determine when the development is substantially complete. 1.2 Conservation Areas. Means those areas so designated on the plat of River Heights, filed in Lane County, Oregon Official Records, or in this Declaration. , 1.3 Declarant. Means Breeden Bros., Inc., an Oregon corporation, any person who succeeds to any special Declarant right and to whom all of the Declarant's ownership interest in any properties within River Heights is transferred or any persons, to whom the Declarant has transferred, for purposes of development and/or resale, all of Declarant's ownership interest in any properties within River Heights. 1.4 Improvement. Means every temporary or permanent structure or improvement of any kind, including, but not limited to, a fence, wall, driveway, swimming pool, storage shelter, or other product of construction efforts on or in respect to any property within River Heights, including landscaping, and every alteration, painting, or reconstruction thereof. 1.5 Limited Private Lot Easements. Means those areas so designated on the plat of River Heights, or in this Declaration. RIVER HEIGHTS PAGE 3 i)2.1e Received: Planner: SH 3'- Z5-/Q . . 1.6 Living Unit. Means a building or a portion of a building located or to be located upon a Lot within River Heights and designated for separate residential occupancy (whether or not occupied). 1.7 Lot. Means a platted lot within River Heights or any property so designated In the Declaration. 1.8 Mortgage. Means a mortgage, trust deed, or land sales contract; mortgagee means a mortgagee, beneficiary of a trust deed, or vendor under a land sales contract; and mortgagor means a mortgagor, grantor of a trust deed, or vendee under a land sales contract. 1.9 Owner. Means the person or persons, including Declarant, owning any Lot, including any vendee under a recorded land sale contract to whom possession has passed, but does not include a tenant or holder of a leasehold interest or a person holding only a security interest in a Lot, including any vendor under a recorded land sales contract who has given up possession. The rights, obligations, and other status of being an Owner commence upon acquisition of the ownership of a Lot and terminate upon disposition of such ownership, but termination of ownership will not discharge an Owner from obligations incurred prior to termination. 1.10 Preservation Areas. Means those areas so designated on,the plat of River Heights filed in Lane County, Oregon Official Records, or in this Declaration. 1.11 Residential Lots. Means those Lots designated as such on the plat of River Heights, or in this Declaration. 1.12 River Heights. Means the property designated and described In Section 2.1 of this Declaration. 1.13 Sold. Means that legal title has been conveyed or that a ~ontract of sale has been executed and recorded under which the purchaser has obtained the right to possession. 1.14 This Declaration. Means all of the covenants, conditions, restrictions, easements, and charges set forth in this Declaration of Protective Covenants, Conditions, and Restrictions for River Heights, Lots 1 through 57. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 2.1 Initial Development. Declarant hereby declares that all of the real property described below is owned and will be owned, conveyed, hypothecated, encumbered, used, occupied and improved subject to this Declaration:, RIVER HEIGHTS PAGE 4 Date Received: Pianner: SH :7 r Z-5 - I 6 . . Lots I through 57 of that certain real property located in the City of Springfield, Lane County, Oregon, in and of that certain plat entitled River Heights, filed at the Clerk's Reception Number , in the Official Records of Lane County, Oregon. ARTICLE III LAND CLASSIFICATIONS 3.1 Classification of Development. All land within River Heights is included in one of the following classifications: (a) Residential Lots. Residential Lots will consist of all Lots on the plat of River Heights. (b) Conservation Areas. Conservation Areas will consist of all areas marked Conservation Areas on the plat of River Heights. ' (c) ,Public Access Easement Areas. Public Access E:asement Areas will consist of all areas marked Public Access Easement Areas on the plat of River Heights. (d) Preservation Areas. Preservation Areas will consist of all areas marked Preservation Areas on the plat of River Heights. (e) Private Easement Areas. Private Easement Areas will consist of all areas marked Private Easement Areas on the plat of River Heights. (f) Public Storm Drainage Easement. Public Drainage Easements will consist of the areas marked on any plat of River Heights as Public Storm Drainage Easement (PSDE), the maintenance of which will be borne by the City of Springfield. (g) Public Utility Easement. Public Utility Easements will consist of the areas marked on the plat of River Heights as Public Utility Easements (PUE), the maintenance of which will be borne by the public, quasi-public and private providers of public utility servIces. 3.2 Consolidation of Lots. The Owner of two adjoining Lots, with the approval of the Architectural Review Committee, the City of Springfield and Lane County, may elect to consolidate such Lots into one Lot. Subject to any applicable City of Springfield ordinances, the Architectural Review Committee may impose reasonable conditions or restrictions on the granting of its approval of a Lot consolidation, including, but not limited to maintenance or landscaping requirements and limitations on use. The consolidation will be effective upon the recording in the Official Records in Lane County of a declaration of the Owner stating that the two Lots are consolidated. The declaration will include a written consent to the consolidation executed on behalf of the Architectural Review Committee and a description of RIVER HEIGHTS PAGE 5 Y'j":5-fd Date Received: Planner: SH . . any restrictions and conditions imposed as a condition:, of such consent. Thereafter, and except if otherwise provided by the Architectural Review Committee as a condition to its consent, the consolidated Lots will constitute one Lot for all purposes of this Declaration. ARTICLE IV EASEMENT AREAS Public and Private Easements over, upon, across and under Lots within River Heights are granted, reserved and conveyed as identified and described on the plat of River Heights and in this Declaration, as follows: 4.1 Public Utility Easements. Easements as shown on the plat of River Heights are granted and conveyed to applicable governmental, quasi-governmental and private entities to facilitate their providing utility services to River Heights for the in~tallation, maintenance, repair and replacement of the provider( s)' utility lines, pipes, conduits, equipment and related facilities. 4.2 Citv of Spring:field Utilitv Easements. (a) Citv of Springfield Consent. No permanent or temporary surface or underground structures, private or public utility lines, or improvements will be constructed or located in easements over any portion of River Heights granted to the City or to the public for construction, operation, maintenance or repair of service facilities without the written consent of the City Engineer and, where appropriate, the Springfield Utility Board. (b) Public Drainage Easements. Easements for the maintenance of Public Drainage Easements as shown on the plat, are granted to the"City. The City may enter upon any Lot at such time or times as may be necessary or (;onvenient to maintain, repair and improve the drainage channels for the public benefit. Access for City maintenance personnel will be available at all times. No fencing of the Public Drainage Easements is allowed except pursuant to plans as may have been approved and permitted by the City of Springfield. No owner will place or pemlit to remain any planting or other material within the easement areas which may damage or change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, except pursuant to such plans as may have been approved and permitted by the City. 4.3 Private Lot Easements. Easements as shown on the Plat are reserved, granted and conveyed over, upon, across and under certain Lots ("Burdened Lots") for the benefit of other Lots ("Benefited Lots") for the installation, maintenance, repair and replacement of stormwater and/or wastewater lines, pipes, conduits, equipment and related facilities and for access purposes to carry out such purposes and uses. RIVER HEIGHTS PAGE 6 3 -Z5 -/0 Date Received: Planner: SH . . ARTICLE V PROPERTY RIGHTS IN LOTS 5.1 Use and Occupancv. Except as otherwise expressly provided in this Declaration, or in the plat of River Heights, the Owner of a Lot in River Heights will be entitled to the exclusive use and benefit of such Lot. 5.2 Private Lot Easements. Certain Lots (Benefited Lots) within River Heights will have a private easement over, upon, across and under portions of other Lots (Burdened Lots) subject to the following rights and obligations in connection with such Private Lot Easement area. (a) Uses. Each Benefited Lot(s) will have an easement over such Limited Private Easement area over, upon, across and under a ,'Burdened Lot for the following purposes and uses: (i) If the area is designated a "Private Access Easement," such Lot will have a nonexclusive easement over such area;, for ingress, egress, and utility installation and maintenance purposes. (ii) If the area is designated as a "Private Stormwater Easement," each Lot adjoining such area will have a nonexclusive easement over such area for the purposes of installation and maintenance of one or more private storm , drainage and appurtenances for foundation and rain drains. (iii) If the area is designated as a "Private Wastewater Easement," each Lot adjoining such area will have a nonexclusive easement over such area for the purposes of installation and maintenance of one or more private wastewater lines and appurtenances. (b) Installation Cost. The initial cost of installing a roadway for Access Easement purposes, Private Stormwater, Drainage (sewer) or Private Wastewater Sewer in the Easement area will be the responsibility of the Declarant. (c) Cost of Maintenance. The Easement areas provided for in this Article V will be maintained and repaired by all of the adjoining Owners. The cost of maintenance and repair of the Easement areas, except for the cost of maintenance or repair required because of negligence or intentional misconduct, will be shared equally by and assessed to all of the Adjoining Owners. (d) Damage. It will be the responsibility of each Owner to properly repair, at such Owner's sole expense, damage caused to an Easement area through the negligence or intentional conduct of such Owner or such Owner's agents, guests, or invitees. If such RlVER HEIGHTS PAGE 7 Dat.e Received: Planner: SH o r;::5-rQ . . Owner fails to repair damage to the Easement area as required by this subparagraph, the other adjoining Owners may cause such repair to be performed and assess the Owner for all sums necessarily and properly expepded to remedy the damage to the Easement area. (e) Obligation of Contribution Runs with the Land; Personal Obligation. The obligation of contribution hereunder will not only be a charge and continuing lien against and run with the land, but will also be the personal obligation ofthe Owner of the Lot at the time an obligation of contribution hereunder ilrises. (f) Arbitration. In the event of any dispute concerning the use of any Private Lot Easement area or the allocation of, or right to contribution for cost of maintenance, or repair of any roadway, driveway, Private Stormwflter Sewer or Private Wastewater Sewer in the Easement area, the dispute will be submitted to arbitration in accordance with the rules of the American Arbitration Association then in effect. The decision of the arbitrator will be finaL In its reasonable discretion, the arbitrator may award costs and attorneys fees, if any, to tlie prevailing party. :in allocating installation costs and assessments to an Owner, the arbitrator may consider such factors as the relative use and benefit which is derived .or may be derived by such Benefited and Burdened Owners, any written agreements by such Owners 60ncerning the use or benefit to be derived by such Owner, and the relative burden assumed by such Owner, including the property contributed by the Burdened Owner to the Easement area, property tax and other expenses paid in connection with the Easement Area by such Burdened Owner, and any other factors which the arbitrator deems relevant to a determination of establishing fair and equitable allocations. Thl;l arbitrator will not be deemed to have acted unreasonably solely because the arbitiator determines that an adjoining Owner's allocated share of installation costs and assessment is zero, if the arbitrator. has acted in good faith in determining the allocation. 5.3 Easements Reserved. In addition to any utility and drainag~ easements shown on the recorded plats, Declarant hereby reserves the following easements for the benefit of Declarant and/or " the Association: (a) Sign Easements. Declarant has reserved unto itself certain sign easements as shown on the plat of River Heights. Declarant will have the right to install and maintain subdivision identification and;for sale signs withiA such Sign Easement areas for so long as Declarant owns any Lots within River Heights. (b) Right of Entrv. Declarant, acting as the Architectural Review Committee, and any representative of the Committee authorized by it may at any reasonable time enter upon the property for the purpose of inspection and to remedy and correct violations and deficiencies, and such entry will not be de~med to constitute a trespass or otherwise create any right of action in the Owner of such Residential Lot. RIVER HEIGHTS PAGE 8 Da,e Received: Planner: SH :5 "2'"5- 10 . . (c) Utilitv Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the 'plat of River Heights. Within the easements, no structure, planting, or other material will be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it will be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. Access for City maintenance personnel may not be denieq or rendered more difficult by any Owner. No fencing of a Public Drainage Easement is allowed except pursuant to plans as may have been approved and permitted by the City of Springfield. ARTICLE VI CONSERVATION 6.1 Protection of Trees. The trees within River Heights include trees on private Lots within Conservation Areas, trees and understory vegetation within Preservation Areas, trees planted as Lot Trees and Street Trees. The powers and duties of the Lot Owners and the City of Springfield include the following: (a) Inventorv. As a condition of final subdivision app~oval by the City of Springfield for River Heights, Tree Preservation and Street Tree plans will be prepared. As a condition of construction permit issuance by the City for any Improvement to be made on any Residential Lot, each Residential Lot must have an approved plot plan showing the location of all trees preserved and/or to be planted in Preservation Areas and Conservation Areas and trees to be planted as Street Trees. As a condition of Architectural Review Committee approval for any Improvements to be made on any Lot or project, each Lot will have an approved ph)t plan showing the location of all existing trees to be preserved on the Lot and all trees to be planted as Street Trees and Lot Trees. These plans and plqts will constitute the City's inventory of Trees within River Heights. (b) Maintenance. It is the obligation of the Lot Owners to care for and maintain at all times all trees inventoried within River Heigh~s. Owners are prohibited from removing any inventoried trees without the prior written approval of the City of Springfield, except in the event of an emergency verifiable condition as would have constituted an imminent threat or danger to persons or property; which emergency must be promptly verified by evidence acceptable to the City. Owners are prohibited from engaging in any conduct, such as, but not limited to, excessively raising the canopy level, excessively thinning or pruning, application of chemicals or excessive watering or deprivation of water which would cause the death of trees, or otherwise refusing or failing to take reasonable and prudent actions to address conditions of . .3'.P-IO RIVER HEIGHTS Date ReceIVed. PAGE 9 Planner: SH . . disease and stress with trees on their properties. Owners are prohibited from thinning or pruning groupings of branches or topping trees for the purpose of improving views without the prior approval of the City. Owners are expected to respect the health and well-being ofthe trees as a significant asset to their individual property values and to the value of the community. (c) Replacement. Any trees inventoried within River Heights located on a Residential Lot which are removed by any Lot Owner must be restored by the Lot Owner to approximately the same condition by replacement of one or more trees in its place and stead either of the same species or of other species of a reasonably and commercially available size as approved by the Cjty of Springfield. No replacement tree(s) will be planted without the prior written approval of the City. The inventory records of the City will be cOl;rected upon any rePlacements and treated in the same manner as original inventoried trees. Lot Owners will be responsible for the care and health of replacement trees. (d) Enhancement Plans. Notwithstanding anything to the contrary herein, this Declaration will also be interpreted and applied in recognition that all vegetation within River Heights and the community is a,' living and evolving ecosystem. Accordingly, Owners are encouraged to commit time and funds to enhance and expand the ecosystems as future needs and/or preferences evolve. It is expressly recognized that natural conditions and occurrence~ will happen in the future that will have beneficial and adverse effects on the ecosystc;ms, whether on individual Lots or rights-of-ways; which conditions and occurrences' will require special plans to meet the intent and purpose of this Declaration. Any special plans will be submitted to the , City which will be the final decision-maker regari:ling the plans. 6.2 Landscape. Preservation. Enhancement and Fire Break Guidelines. Article VIII, Section 8.3, sets forth the Landscape Guidelines which govern landscape Improvements, including tree planting, preservation of existing vegetation and fire break goals within River Heights. ARTICLE VII RESTRICTIONS ON USE OF RESIDENTIAL LOTS 7.1 Structures Permitted. No Improvements will be erected or permitted to remain on any Residential Lot except Improvements containing Living Units and Improvements normally accessory thereto. The foregoing provision will not exclude construction of a private greenhouse, storage unit, private swimming pool, or structure for the storage of a boat or recreational vehicle for personal use, provided the location of such structure is in conformity with applicable City of Springfield ordinances, is compatible in design and decoration with the dwelling structure constructed on such Lot, and has been approved by the Architectural Review Committee. RIVER HEIGHTS PAGE 10 D:'~lf' R,)ceived: Hanner: SH 3 - ?S-uJ . . 7.2 Residential Use. Residential Lots will only be used for residential purposes. Except as allowed by applicable City of Springfield ordinances, no trade, craft, business, profession, commercial or similar activity of any kind will be conducted on any Residential Lot, nor will any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service or business be kept or stored on any Lot. Nothing in this paragraph will be deemed to prohibit (a) activities relating to the rental or sale of Living Units, (b) the right of Declarant or any contractor to construct Living Units on any Residential Lot, to store construction materials and equipment on such Lots in the normal course of construction, and to use any Living Unit as a sales or rental office or model home or apartment for purposes of sales or rental in River Heights, and (c) the right of the Owner ofa Residential Lot to maintain the Owner's professional personal library, keep the Owner's personal business or professional records or accounts, handle the Owner's personal business, or professional telephone calls or confer with business or professional associates, clients or customers, in the owner's Living Unit. The City will not approve commercial activities otherwise prohibited by this paragraph unless the City determines that only normal residential activities would be observable outside of the Living Unit and that the activities would not be in violation of applicable City of Springfield ordinances. 7.3 Offensive or Unlawful Activities. No noxious or offensive activities will be carried on upon any Lot, nor will anything be done or placed on any Lot which interferes with or jeopardizes the enjoyment of other Lot Owners on their Lots, or which is a source of annoyance to residents. No unlawful use will be made of a Lot nor any part thereof, and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof, will be observed. Without limiting the generality of the foregoing, no heat pump or other heating, ventilating, or air-conditioning equipment, the operation of which produces noise at a level higher than 80 decibels, as measured at the lot line, will be allowed on any Residential Lot or Living Unit. 7.4 Animals. No animals, livestock, or poultry of any kind will be raised, bred, or kept or permitted within any Residential Lot other than a reasonable number of household pets which are not kept, bred, or raised for commercial purposes and which are reasonably controlled so as not to be a nuisance. Any inconvenience, damage, or unpleasantness caused by such pets will be the responsibility of the respective owners thereof (barking of dogs is presumed to be an inconvenience and unpleasantness, and a noxious and offensive activity). No dog will be permitted to roam River Heights unattended, and all dogs will be kept on leash while outside an enclosed or fenced area on the Residential Lot of their Owner. 7.5 Maintenance of Structures and Grounds. Each Owner will maintain said Owner's Residential Lot and Improvements thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Such maintenance will include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, walks and other exterior improvements and glass surfaces. In addition, each Owner will keep all shrubs, trees, grass, and plantings of every kind on such neatly trimmed, properly cultivated and free of trash, weeds, noxious vegetation, and other unsightly material. RIVER HEIGHTS PAGE 11 0().t'~ ReCBived: Planner: SH 5'25-,6 . . Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes will likewise be the responsibility of each Owner and will be repaired within a reasonable period of time. 7.6 Parking. Parking of boats, trailers, motorcycles, trucks, truck campers, or other recreational vehicle or equipment and vehicles in excess of 12,000 pounds gross vehicle weight will not be allowed on any part of River Heights nor on public adjacent streets thereto, excepting only within areas designated for such purposes by the Architectural Review Committee or within the confines of an enclosed garage or screened area, the plans of which comply with applicable City of Springfield ordinances, and which have been reviewed and approved by the Architectural Review Committee prior to construction, and no portion of the same may project beyond the screened area. Garages will be used for parking of respective Lot Owners' vehicles. Storage of personal property and other permitted uses is allowed within any excess capacity of a garage (for the purpose of this paragraph, a single car garage is presumed to provide parking for one vehicle, a two-car garage is presumed to provide parking for two vehicles, et. seq.). No conversion of garages to residential use is allowed. 7.7 Vehicles in Disrepair. No Owner will permit any vehicle which is in an extreme state of disrepair to be abandoned or to remain parked upon any Lot or on any street for a period in excess of forty-eight (48) hours. A vehicle is in an extreme state of disrepair when its presence offends occupants of the neighborhood. 7.8 fuw. No signs will be erected or maintained on any Residential Lot except signs which are approved as to appearance and location by the Architectural Review Committee. The restrictions contained in this paragraph will not apply to: (a) Political Signs. The temporary placement of "political" signs on any Residential Lot by the Owner thereof; (b) Declarant's Sales Office and Model Home Signs. The placement by the Declarant or Declarant's agent of one or more signs identifYing the name of the Declarant and/or the location of a sales office or model home. (c) House for Sale Signs. The temporary placement of not more than one sign of professional quality located on the Owner's Lot advertising the Owner's Lot for sale. 7.9 Rubbish and Trash. No Residential Lot will be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste will be kept in appropriate sanitary containers for proper disposal and out of public view. Yard raking, dirt and other material resulting from landscaping work will not be dumped onto streets, or on any Lots, except leaves may be placed on the streets for a reasonable period of time in the event there is in effect a City-paid leaf pick-up program. All unimproved Residential Lots will be kept in a neat and orderly condition, free of noxious brush, vines, weeds, and other debris, and grass thereon will be cut RIVER HEIGHTS PAGEJ2 :!J -z ~ -, d Oats Heceived: Planner: SH . . or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard and maintain an attractive appearance. 7.10 Completion of Construction. The construction of any building on any Residential Lot, including painting and all exterior finish, will be completed within eight (8) months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Review Committee. The building area will be kept reasonably clean and in workmanlike order during the construction period. 7.11 Landscape Completion. All landscaping must be completed within two (2) months from the date of occupancy of the Living Unit constructed thereon. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Review Committee. 7.12. Temporary Structures. No structure of a temporary character; trailer, basement, tent, shack, garage, barn, or other outbuildings will be used on any Residential Lot at any time as a residence either temporarily or permanently. 7.13 Hedges and Plantings Along Lot Lines. Hedges orplantings along Lot lines will be limited to 8' in height and 3' in width and shall not encroach on neighboring Lots. 7.14 Tree and Nature Area Protection. Enhancement of Conservation Areas. Tree Planting and Fire Breaks. See Article VI for Tree and Nature Area Protection obligations in the Conservation Areas, in Preservation Areas, the planting and maintenance of Lot trees and Street Trees, and fire breaks surrounding Improvement construction. 7.15 Service Yards. Service yards (garbage, fuel tanks, clotheslines, etc.) will be completely screened so that the elements screened are not visible at any time from the street or any adjoining property. 7.16 Antennas and Satellite Disks. Exterior antennas will not be permitted to be placed upon any Lot except as approved by the Architectural Review Committee. Exterior satellite receiver and transmission disks are prohibited, except as to the extent that such prohibition is inconsistent with applicable FCC laws and regulations. 7.17 Typical Setback. Maximum Height. and Lot Coverage Requirements. Except for those Lots provided for at Subsection 7.18 for which variances have been approved by the City of Springfield File No.2006-00006, each Lot will be subject to the setback, maximum height, and lot coverage requirements which are established by the City of Springfield and to any land use review procedure established by the City of Springfield, for review and approval of variance from such requirements. In addition, all Lots are subject to any more restrictive RIVER HEIGHTS PAGE 13 -:) '25- \0 Date Received: Planner: SH . . setback, maximum height, or lot coverage requirements as are established from time to time by the Architectural Review Committee. 7.18 Special Setback, Maximum Height, Scale, Bulk and Site Requirements. The City of Springfield approved certain conditions to maximum lot coverage ratios, bulk, scale, building siting, and parking requirements per River Heights approval, City of Springfield at File No 2006-00006. No improvement will be constructed or maintained in violation of any such special requirement, except with the written consent of the Architectural Review Committee and any applicable City of Springfield approval requirements. In addition, all Lots/sites are subject to any more restrictive requirements as may be established from time to time by the Architectural Review Committee. 7.19 Non-applicabilitv to Declarant. Sections 7.2, 7.3, 7.5, 7.6, 7.8, 7.9, 7.10, 7.11, 7.12, 7.13, 7.14,7.15 and 7.16 will not apply to Declarant, as defined herein. ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE 8.1 Architectural Review. No Improvement as defined at Section 1.4, will be commenced, erected, placed, altered, planted or maintained on any Lot until the design plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the Improvement have been submitted to and approved in writing by the Architectural Review Committee. It is the intent and purpose ofthis Declaration to achieve a high standard of quality of workmanship and materials, and to assure harmony of external design with existing Improvements and location of the Improvement with respect to topography and finished grade elevations. 8.2 Design Guidelines. The design guidelines are attached hereto as Exhibit "A" and made a part hereof. 8.3 Landscape. Preservation of Existing Vegetation. Tree Planting on Lots in Conservation Areas, and Street Trees and Fire Break Guidelines. The landscape, preservation, conservation and enhancement, and fire break guidelines are attached hereto as Exhibit "B" and made a part hereof. 8.4 Procedure. In all cases which the Architectural Review Committee approval or consent is required by this Declaration, the provisions of this Article will apply. The procedure and specific requirements for application for Architectural Review Committee approval or consent may be set forth in Design Guidelines or other rules adopted from time to time by the Architectural Review Committee. The Architectural Review Committee may charge a reasonable fee to cover the cost of processing the application. RIVER HEIGHTS PAGE 14 Date Received: 3' z.-5 - J{5 Planner: SH . . 8.5 Committee Decision. The Architectural Review Committee will render its decision on an application for approval of the design of an Improvement or any other proposal submitted to it for approval or consent within fifteen (15) working days after it has received a complete written application therefore. A complete application will specify the approval or consent requested and be accompanied by all material reasonably required or desired by it to make an informed decision on such application. If the Architectural Review Committee fails to render approval or disapproval of such application within thirty (30) working days after the Architectural Review Committee has received a complete application or if no suit to enforce this Declaration has been commenced within one year after completion of construction of the Improvement, approval will not be required and the related provisions of this Declaration will be deemed to have been fully complied with. 8.6 Committee Discretion. The Architectural Review Committee may, in its sole discretion, withhold or condition its approval of any proposed Improvement if the Architectural Review Committee finds the proposed Improvement would be inappropriate for the particular Lot or incompatible with the design standards that the Committee intends for River Heights. Consideration of siting, shape, size, color, design, height, solar access, impairment of the view from other Lots within River Heights, or other effect on the enjoyment of other Lots or the Common Areas, disturbance of existing terrain and vegetation and any other factors which the Architectural Review Committee reasonably believes to be relevant, may be taken into account by the Architectural Review Committee in determining whether or not to approve or condition its approval of any proposed Improvement. 8.7 Membership; Appointment and Removal. The Architectural Review Committee will consist of as many persons, but not less than three, as the Declarant may from time- to- time appoint. Notwithstanding anything to the contrary in this Declaration, the Declarant will have the right, but not the obligation, of membership on the Architectural Committee so long as Declarant owns any Lot within River Heights for sale to third parties and the right to armex. The Declarant may remove any member of the Architectural Review Committee from office at any time and may appoint new or additional members at any time. The Committee will keep on file at its principal office a list of the names and addresses of the members of the Architectural Review Committee. 8.8 Maioritv Action. Except as otherwise provided herein, a majority of the members of the Architectural Review Committee will have the power to 'act on behalfofthe Architectural Review Committee, without the necessity of a meeting and without the necessity of consulting or notifying the remaining members of the Architectural Review Committee. The Architectural Review Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 8.9 Liabilitv. The scope of the Architectural Review Committee's review is not intended to include any review or analysis of structural, geophysical, engineering, or other similar considerations. Neither the Architectural Review Committee nor anymemberthereofwill be liable to any Owner, occupant, contractor, developer, or the City of Springfield for any RlVER HEIGHTS PAGElS "5 -Z~5-/J Date Received: Planner: SH . . damage, loss, or prejudice suffered or claimed on account of any action or failure to act of the Architectural Review Committee or a member thereof, provided only that the Architectural Review Committee has, or the member has, in accordance with the actual knowledge possessed by the Architectural Review Committee or by such member, acted in good faith. 8.10 Non-waiver. Consent by the Architectural Review Committee to any matter proposed to it or within its jurisdiction will not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 8.11 Effective Period of Consent. The Architectural Review Committee's consent to any proposed Improvement will automatically be revoked one year after issuance unless construction of the Improvement has been commenced or the Owner has applied for and received an extension of time from the Committee. 8.12 Estoppel Certificate. Within fifteen (15) working days after written request therefore is delivered to the Architectural Review Committee by any Owner, and upon payment to the Architectural Review Committee of a reasonable fee, if any, fixed by the Architectural Review Committee to cover costs, the Architectural Review Committee will provide such Owner with an estoppel certificate executed by a member of the Committee and acknowledged, certifying with respect to any Lot owned by the Owner, that as of the date thereof, either: (a) all Improvements made or done upon or within such Lot by the Owner comply with this Declaration, or (b) such Improvements do not so comply. If the estoppel certificate states that the Improvements do not comply, such certificate will also identifY the noncomplying Improvements and set forth with particularity the nature of such noncompliance. Any purchaser from the Owner, and any mortgagee or other encumbrancer, will be entitled to rely on such certificate with respect to the matters set forth therein, such matters being conclusive as between Declarant, the Architectural Review Committee, and all . Owners, and such purchaser or mortgagee. 8.13 Construction bv Declarant. Improvements constructed by Declarant on any property owned by Declarant, are not subject to the requirements of this Article VIII. ARTICLE IX ENFORCEMENT 9.1 Non-qualifying Improvements and Violation of General Protective Covenants. Following review of information coming before the Architectural Review Committee alleging that any Owner has violated, or is in the process of violating, any provision of the Declaration governing the use of Lots, or is constructing or permitting or has constructed or permitted to be constructed on such Owner's Lot an Improvement contrary to the provisions of this Declaration, or is causing or permitting any Improvement, activity, condition, or nuisance contrary to the provisions of this Declaration to remain uncorrected or unabated on such RIVER HEIGHTS PAGE 16 Date Received: ~ 'ZS-tc) Planner: SH . . . Owner's Lot, then the Committee may notifY the Owner in writing detailing with particularity the nature of the violation(s) of this Declaration. The written notice will specifY with particularity the remedy sought by the Committee, including, but expressly not limited to, the requirement that the Owner remedy or abate the same in order to bring the Owner's Lot, the Improvements thereon, and the Owner's use thereof, into conformance with this Declaration, and payment of any fines imposed pursuant to this Declaration, and directives to reimburse the Association for any costs and expenses incurred by it to correct or abate the conditions. If, within thirty (30) days, the Owner is unable, unwilling, or refuses to comply with the Committee's specific directives for remedy or abatement, payment offines, reimbursement of costs and expenses, or other specified remedies, then written notice will be given to the Owner advising the Owner that the Committee will move to enforce its directives and other remedies available to the Committee for the violation(s) together with a scheduled opportunity to be heard at a meeting of the Committee to be held within sixty (60) days of the date of the notice. The Committee, will have, in addition to any other rights or remedies provided in this Declaration, or remedies provided at law or in equity, the right to do any or all of the following: (a) Fines. The Committee will have the right to impose reasonable fines against such Owner in the manner and amount the Committee deems appropriate in relation to the violation. (b) Remove Cause of Violation. Enter onto the offending Lot, without being subject to any trespass, conversion, or any other claim for damages, and remove the cause of such violation, or alter, repair, or change the item which is in violation of the Declaration in such a manner as to make it conform thereto, in which case the Committee may assess such Owner for the entire cost of the work done, or (c) Suit or Action. Bring suit or action against the Owner on behalf of the Committee and other Owners to enforce this Declaration. 9.2 Default in Payment of Assessments; Enforcement of Lien. If an assessment or other charge levied under this Declaration is not paid within thirty (30) days of its due date,such assessment or charge will become delinquent and will bear interest from the due date until paid at the rate set forth below and, in addition, the Comniitteemay exercise any or all of the following remedies: (a) Lien. The Committee will have a lien against each Lot for any assessment levied against the Lot and any fines or other charges imposed under this Declaration or against the Owner of the Lot from the date on which the assessment, fine, or charge is due. The provisions regarding the attachment, notice, recordation, and duration of liens established on real property under ORS 87.352 to 87.382, as the same may be amended, will apply to the Committee's lien. The lien will be foreclosed in accordance with the provisions regarding the foreclosure ofliens under ORS Chapter 88. The Committee, through its duly authorized agents, may bid on the Lot at such RIVER HEIGHTS PAGEl? Daie Received: Planner: SH '"b -75-10 . . foreclosure sale, and may acquire and hold, lease, mortgage, and convey the Lot. If any assessment is payable in installments, the full amount of the assessment is a lien from the date the first installment of the assessment becomes due. (b) Suit or Action. The Committee may bring an action to recover a money judgment for unpaid assessments, fines, and charges under this Declaration without foreclosing or waiving the lien described in paragraph (b) above. Recovery on any such action, however, will operate to satisfy the lien, or the portion thereof, for which recovery is made. (c) Other Remedies. The Committee will have any other remedy available to it by law or in equity. 9.3 Notification of First Mortgagee. The Committee will notifY any first mortgagee of any Lot of any default in performance of this Declaration by the Lot Owner which is not cured within sixty (60) days. 9.4 Subordination of Lien to Mortgages. The lien of the assessments or charges provided for in this Declaration will be subordinate to the lien of any mortgage or deed of trust on such Lot which was made in good faith and for value and which was recorded prior to the recordation of the notice oflien. Sale or transfer of any Lot will not affect the assessment lien; however, if a first mortgagee acquires a Lot in River Heights by foreclosure or deed in lieu of foreclosure, such mortgagee and a subsequent purchaser will not be liable for any of the common expenses chargeable to the Lot which became due before the mortgagee or purchaser acquired title to the Lot by foreclosure or deed in lieu of foreclosure. Such sale or transfer, however, will not release the Lot from liability for any assessments or charges thereafter becoming due or from the lien of such assessments or charges. 9.5 Interest. Expenses. and Attornevs' Fees. Any amount not paid to the Committee when due in accordance with this Declaration will bear interest from the due date until paid at a rate three percentage points per annum above the prevailing Springfield, Oregon prime rate at the time, compounded monthly, not to exceed the lawful rate of interest under the laws ofthe State of Oregon. A late charge may be charged for each delinquent assessment in an amount established from time to time by resolution ofthe Board of Directors ofthe Committee not to exceed 30 percent of such assessment. In the event the Committee will file a notice oflien, the lien amount will also include the recording fees associated with filing the notice, and a fee for preparing the notice oflien established from time to time by resolution of the Board of Directors of the Committee. In the event the Committee will bring any suit or action to enforce this Declaration, or to collect any money due hereunder or to foreclose a lien, the Owner-defendant will pay to the Committee all costs and expenses incurred by it in connection with such suit or action, including a foreclosure title report, and the prevailing party in such suit or action will recover such amount as the court may determine to be reasonable as attorneys' fees at trial and upon any appeal or petition for review thereof. RIVER HEIGHTS PAGElS :!Jtl? Received: ;;. "Z5 -Jd Pianner: SH . . 9.6 Non-Exclusiveness and Accumulation of Remedies. An election by the Committee to pursue any remedy provided for violation of this Declaratio~ will not prevent concurrent or subsequent exercise of another remedy permitted hereunder. The remedies provided in this Declaration are not exclusive but will be in addition to all: other remedies, including actions for damages and suits for injunctions and specific performance, available under applicable law to the Committee. In addition, any aggrieved Owner may bring an action against another Owner or the Committee to recover damages or to enjoin; abate, or remedy any violation of this Declaration by appropriate legal proceedings. 9.7 Enforcement bv City of Springfield. The provisions of this Declaration relating to the " preservation and maintenance of Public Storm Drainag~ Easements, City of Springfield Utility Easements and Public Utility Easements will be deemed to be for the benefit of the City of Springfield as well as the Committee and Ownerk of Lots. In addition to any other remedies available to the City, the City may, but will hot be required to, enforce such , provisions by appropriate proceedings at law or in equity; ARTICLE X MISCELLANEOUS PROVISIONS 10.1 Amendment and Repeal. This Declaration, or any provision thereof, with respect to all or any part River Heights, may be amended from time to time or repealed by the vote or written consent of not less than seventy-five percent (75%) of the Lot Owners, which amendment or repeal will become effective only upon recordation in the'official Records of Lane County, Oregon, evidencing approval in the manner required by th\s Declaration. In no event will an amendment under this section create, limit, or diminisn: special Declarant rights without Declarant's written consent, increase the number oflots, or change the boundaries of any Lot or any uses to which any Lot is restricted unless the Ownefs of the affected Lots unanimously consent to the amendment. To the extent any amendment relates to the preservation or maintenance of the Conservation Areas, Preservation Areas, drainage ways, public or private utility lines, or the existence of an entity responsible for:accomplishing the same, no such amendment will be effective until approved by the City 6f Springfield. 10.2 Regulatorv Amendments. Notwithstanding the provisions of Section 10.1 above, Declarant will have the right to amend this Declaration or the Bylaw of the Committee in order to comply with the requirements of any applicable statute, ordinance, or regulation or of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Committee, the Government National Mortgage Committee, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission, or agency of the United States or the State of Oregon, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon which insures, guarantees, or provides financing for lots in River Heights. RIVER HEIGHTS PAGE 19 Date Received: Planner: SH . . 10.3 Duration. This Declaration will run with the land and will be and remain in full force and effect at all times with respect to all' property included in River Heights and the Owners thereof for an initial period of thirty (30) years commencing with the date on which this document is recorded. Thereafter, this Declaration will continue to run with the land and be and remain in full force and effect at all times with respect to all property in River Heights and the Owners thereof for successive additional periods of ten (10) years each. The continuation from the initial or any additional period into the next subsequent period will be automatic and without the necessity of any notice, consent, or other action whatsoever; provided, however, that this Declaration may be terminated at the end of the initial or any additional period by resolution approved not less than siX (6) months prior to the intended termination date by the vote or written consent of Owners 'owning not less than seventy- five percent (75%) of the Lot Owners, and the written approval of the holders of mortgages on Lots in the project to the extent required herein, and the City of Springfield to the extent its , approval may be required. Any such termination will become effective only if prior to the intended termination date such termination has been approved by an order or resolution of the City of Springfield and a copy of such the Official Records of Lane County, Oregon. Such termination will not have the effect of denying any 0wner access to such Owner's Lot ., unless such Owner and any mortgagee of such Lot have consented in writing to the termination. 10.4 Joint Owners. In any case in which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility ofisuch persons to comply with this Declaration will be a joint and several responsibility and the act or consent of anyone or , more of such persons will constitute the act or consent 'of the entire ownership interest; provided, however, that in the event such persons disagree among themselves as to the manner in which any vote or right of consent held by them::will be exercised with respect to a pending matter, any such person may deliver written notice of such disagreement to the I Committee, and the vote or right of consent involved will then be disregarded completely in determining the proportion of votes or consent given with respect to such matter. 10.5 Lessees and Other Invitees. Lessees, invitees, contractors, family members, and other persons entering River Heights under rights derived from an Owner will comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvement, or enjoyment of such Owner's Lot and other areas within River Heights. The Owner will be responsible for obtaining such compliance and will be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner. 10.6 Non-waiver. Failure by the Committee or by any Owner to enforce any covenant or restriction herein contained will in no event be deemeg a waiver of the right to do so thereafter. ~ 10.7 Construction: Severability. This Declaration will be liberally construed as one document to accomplish the purposes stated in the introductory paragraphs hereof. Nevertheless, each RIVER HEIGHTS PAGE 20 Date Received: b ~ ZS -Ie) Planner: SH . . . provision of this Declaration will be deemed independent and severable, and the invalidity or partial invalidity of any provision will not affect the validity or enforceability of the remaining part of that or any other provision. 10.8 Number. As used herein, the singular will include the plural and the plural the singular, and the masculine and neuter will each include the masculine, feminine and neuter, as the context reqUires. 10.9 Captions. All captions used herein are intended solely for convenience of reference and will in no way limit any of the provisions of this Declaration. 10.10 Notices and Other Documents. All notices and other conununications under this Declaration will be in writing and will be deemed to have been given on the day of delivery when delivered by personal service and to have been given three business days after delivery to the United States mails, certified or registered mail, return [fceipt requested, addressed to the party to which such notice is directed at its address determined as provided in this Section \O.l O. (a) Addresses. All notices and other communicatiOlis under this Declaration will be given to the parties hereto at the following addresses: (i) If to an Owner, then to the last address for such Owner shown in the Committee's records. (ii) If to Declarant or to the Committee, then to Declarant at: Breeden Bros., Inc. 366 E. 40th Ave, Suite 250 Eugene, OR 97405 (b) Change of Address. Any party hereto may change, the address to which notices will be directed by giving ten days written notice of such change delivered as provided herein. 10.11 Private Agreement. This Declaration and the covenants and agreements contained herein constitute a private agreement among the Owners of Lotsin River Heights, and the City is under no obligation to enforce any of its provisions. This Declaration does not restrict the City's authority to adopt or amend its development regulations. There may be conflicting requirements between this Declaration and the City's regulations. The City will limit its review of a development application to the requirements of its regulations. It is the duty of every person engaged in development or remodeling of a, Lot or an Improvement in River Heights to know the requirements of this Declaration arid the covenants and agreements contained herein. The City will not be liable for any approvals or permits which are granted in compliance with City regulations, but which are not in compliance with this Declaration. 3~,C.5-fd Date Received: Planner: SH RIVER HEIGHTS PAGE 21 . . . IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on the date set forth below. BREEDEN BROS., INC. DATED: By: Its STATE OF OREGON ) ss County of Lane ) On this day of , 20_, personally appeared before me , who being first duly sworn that he is' of Breeden Bros., Inc., an Oregon corporation, and that he acknowledged the foregoing Declaration to be authorized by the corporation as its voluntary act and deed. Notary Public for Oregon My commission expires: RIVER HEIGHTS PAGE 22 '!J-z:-~ -10 Date Received: Planner: SH . . . . EXHIBIT A ARCHITECTURAL GUIDELINES (including Wildfire Defense Planning) The Developer/Declarant has planned River Heights in recl,lgnition of its wooded hillside characteristics, with extensive Preservation Areas and Conservation Areas on Building Lots and in preservation properties to be dedicated by DeveloperlDeclarant to the City of Springfield. Consistent with the hillside topography and the extensive preservation and'nature enhancement goals, River Heights has been planned with larger Building Lots. The following minimum restrictions governing Improvements on Building Lots are to be incorporated into Improvement plans submitted for approvals/permits to the Architectural Review Committee and ilie City of Springfield. I. Roofing. A minimum class A or B fire retardant roofing must be used on all Improvements within River Heights. The minilpum asphaltic/fiberglass shingle permitted will be architectural-grades with randotp tabs, with a higher grade being encouraged, No wood shakes or shingles may be'installed. 2. Siding. Vinyl and aluminum siding are not permitted. 3. Outbuildings. All outbuilding Improvements must be constructed of the same " building materials and colors as the main Improvements. 4. Stick-built Construction. All Improvements will be stick-built, on-site construction. Factory-built components, including but not limited to, roof truss systems, floor systems, and panel wall systems delivered to the ~ite are permitted. Improvements substantially manufactured off-site are not appropriate for River Heights. 5. Size of Improvements. The minimum finished' and heated floor space of all Improvements is 1700 square feet. Such space is exclusive of any unfinished opportunity/bonus spaces and garages. 6. Garages. Each Improvement will have a garage with mlllimum access to accommodate two full-size passenger vehicles and overall dimensions to store a minimum of two full-size vehicles together with the Owner's other personal property stored within the garage. Three car garages are permitted and encouraged. 7, Recreational Vehicles CRV's): Trailers. RV's and trailers are not permitted to be parked on Building Lots or on the public streets within River Heights except within the confines of an enclosed garage or within an Improvement approved by the ARC which is substantially screened from view from the public streets and other Building Lots within River Heights. Provided, however, anR V or trailer will be permitted to be parked on a Building Lot or on the public streets in front of a Building Lot for purposes ofloading, unloading, construction and maintenance, and related temporary purposes for a period of time not to exceed 72 hours. Q'.1te Received: Planner: SH !? "I ~ - rd . . .' . 8. Satellites. Satellite antennas (dishes) of the size and shape mandated by the FCC are pennitted, however, dishes must be mounted on the Improvement and in a location that is the least visible from the public streets and other Building Lots within River Heights. 9. Window Trim. Window trim will be required at all front elevations on all Lots. Window trim will be required on all elevations at Lots I through 12. 10. Fencing. Fencing will be allowed and should be:placed to avoid root damage to trees; be non-site obscuring; and be constructed, 60ated or painted black to blend with existing vegetation. " 11. Maintenance Road. Gates will be required in fences at Lots I through 12, and Lot 16, if fence crosses maintenance road at rear oflo!. Nothing shall be built, stored or parked on maintenance road at rear of Lots 1 through 12, and Lot 16. 3.. -2:5 -fd Dale Received: Planner: SH . . . . EXHIBIT B LANDSCAPE GUIDELINES (including Wildfire Defense Planning) I. Landscape Definitions. "Native Species". Plant species native to this region and the indigenous soil types of this site. Plants do not have to be previously existing on this particular site to be considered , native. "Invasive Species". Plant species such as English Ivy, Blackberry and Scotch Broom that spread quickly and crowd out other vegetation. "Landscape Area". Areas planted with trees, shrubs, lawn and living ground cover. "Foundation Plants". A grouping of shrubs and trees utilized to provide a transition between a building and the landscape. Ground cover aild lawn are not considered to be foundation Plants. "Fire Resistant Plants". Plants that don't readily ignite from a flame or other ignition source. These plants have foliage and stems that don't contribute significantly to the fuel source and intensity of a fire. 2. Street Trees. Street tree plantings will be installed by individual Lot Owners according to an approved Street Tree Plan as described in Article VI. The planting of street trees will be the responsibility of the adjacent Lot Owner and will be a condition of building permit approval by the City of Springfield. During the establishment period of three years from the date of planting, street trees must be maintainedi by the Lot Owners to City of Springfield's standards. 3. Preservation Areas. Preservation Areas will be maintained and enhanced ina manner that is consistent with the natural forest. Plants that are native to the project area should be used for any understory planting within Preservation Areas. Trees pl.anted within Preservation Areas will be selected from the list of approved trees identified below. Preservation Areas should be kept free of invasive vegetation while at the same time preserving, encouraging, and enhancing/supplementing native understory species. Building structures are not permitted within Preservation Areas. All landscaping within or outside of Preservation Areas is subject to the conditions on the fire'break plans set forth below. 4. Conservation Areas. Preservation of native understory vegetation within Conservation Areas is encouraged, but not required. Lot Owners are encouraged, but not required, to use native species for understory plants in Conservation Areas. Trees planted within Cons~. .ation Areas will be :?Z5 - /d. uate Kecelved: Planner: SH . . .. , . selected from the list of approved trees below, All I~dscaping within or outside of Conservation Areas is subject to the conditions in the Fire Break Plan set forth below. 5. Maintenance and Replacement of Trees. See Article VI, Section 6.2 of this Declaration regarding the duty of Lot Owners to maintain and replace trees within Preservation and Conservation Areas. 6. Planting Beds. Planting beds should be used to provide foundation plarting and a visual balance to the property as seen from the street. All plant beds should contain plant material that will provide complete coverage upon maturity. All plant, beds should contain sufficient planting soil that includes organic material suited for the specific Plants. Annuals and perennials should be accompanied by other plant mateiial to prevent barren plant beds during the winter season. Plant beds which are visible vom the street should be planted first in any staged landscaping plan' and be of sufficient size to provide an immediate attractive appearance. All plant beds will be mulched w,ith bark mulch or other material approved by the ARC. Landscape areas should be maintained to provide an attractive appearance. All shrub beds must be kept cleaned and weeded. Dead or unsightly plants should be replaced. 7. Lawns. All lawn areas will contain a sufficient high grade topsoil or loam. All sub-base material should be tilled prior to the spreading of topsoil to encourage proper drainage. All topsoil should be tilled and raked free of debris prior to plant installation or seeding. Undisturbed native soil near conservation areas should be preserved if it is suitable for sustaining healthy plant material. Lawn areas should be mowed ~ith a frequency appropriate for each particular lawn type. 8. Irrigation Svstems. Automatic irrigation systems are encouraged as a way of providing healthy plant growth in areas where Plants will require supplemental watering. To increase plant health and conserve water, drip irrigation systems are encouraged ip plant bed areas. Pop-up spray and rotary head irrigation systems should provide double, (head to head) coverage and be equipped with a moisture sensing device to prevent over watering. Separate zones should be installed for lawns and plant beds. Separate zones should be installed for various solar orientation conditions as necessary. Irrigation, other than temporary irrigation during plant establishment or during periods of drought, is not permitted within Preservation Areas. Irrigation is permitted within Conservation Areas; provided, however, irrigation should not be installed where the health of existing trees would be adversely affected. Irrigation trenching under the drip line of existing trees should be performed by hand so that the root system of the trees is not severely damaged. Article VI, Section 6.1 (b) sets forth Lot Owner(s)' responsibilities regarding inventoried trees. Approved fencing will be allowed in Conservation Areas. Date Received: Planner: SH 3 1'5- fd . . ..... ., ... 9. Wildfire Defense Planning. The Developer/Declarant has planned River Heights to preserve extensive natural resource areas and to establish other areas to be enhanced with natural resource characteristics through a combination of dedication of parcels to the City of Springfield, preservation and enhancement of Preservation Areas:, on portions of Building Lots, enhancement of portions of Building Lots with trees and other vegetation to become Conservation Areas, the planting of Street Trees on rigllts-of-way to be dedicated to the City of Springfield by Developer/Declarant, and other landscaping on Building Lots by Owners, all in accordance with these Landscape Guidelines. Improvement plans submitted for approvals/permits to the Architectural Review Committee and the City of Springfield for Improvements on. Lots that are adjacent/contiguous to forested Preservation Areas and forested Conservation Areas ("Affected Lots") must include Wildfire Defense Planning. The Wildfire Defense Plan for each of the Affected Lots is an integral part of the overall landscape plan, including trees and shrubs to be pl~nted on Building Lots within Conservation Areas, to be preserved and/or enhanced ~ithin Preservation Areas, to be planted within the City of Springfield rights-of-way, and as part of Owners' landscaping plans. Improvement plans must be prepared in accordance with the following guidelines: 9.1 Tree Spacing and Pruning. Trees to be planted on Building Lots and within ,the City of Springfield rights-of- way should be spaced and arranged to minimize fire hazards and to create fire breaks between tree groupings. Existing trees to be preserved should be pruned of all dead branches or dry material in order to ren10ve excess fuel and create a fire break. All tree stumps must be removed or ground below a finished grade. Street Tree planning with the City of Springfield must give due consideration to the tree spacing on Building Lots and nearby preservation areas dedicated to the City of I' Springfield to create natural fire breaks between tree groupings resulting from the installation of a public infrastructure. Groupings,: of native fire resistant trees are encouraged for street tree planting. The number of street trees planted should conform to City of Springfield standards. 9.2 Under Story Vegetation; Flammable Materials. All dead vegetative material should at all times be cleared from Building Lots, including Preservation Areas and Conservation Areas to remove excess fuel and create a fire break. In addition, invasive understory species (many of which have flammable characteristics) should be removed ,from building lots and natural areas. A list of invasive species commonly found in the River Heights geographic area is set forth below. In order to create and maintain a continuous secondary fire break, the City of Springfield is encouraged to remove dead vegetative material and branches within the preservation areas dedicated to the City of Springfield for an approximate distance of one hundred feet from Improvements on Building Lots to reduce fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown fires and crowning would be reduced. ~-l':;'IO Datt;:. Received: Planner: SH . . ..,. 'I) ,~ 9.3' Irrigation. Homeowners are encouraged to provide irrigation for all new landscape areas on Building Lots and potentially dry natural areas" within Conservation Areas, See Landscape Guidelines for restrictions regarding irrigation at existing trees in Conservation Areas, No irrigation is permitted in Preservation Areas. Irrigation systems enhance the effectiveness of other wildfire planning techniques because irrigation provides needed moisture in trees and', shrubs, thereby decreasing their flammable characteristics during dry conditions. " 9.4 Trees Approved for Planting within Preservation Areas and Conservation Areas. Conifers Grand Fir incense Cedar Ponderosa Pine Douglas Fir Western Red Cedar Western Hemlock Deciduous Red Alder Oregon Ash Oregon Oak BigleafMaple Understory Vine Maple 9.5 Fire-resistant Native Plants Recommended for River Heights Landscaping. Groundcover Kinnikinnick Wild Strawberry Shrubs Creeping Mahonia Oregon Grape Burning Bush Flowering Currant Western Spiraea Snowberry Redtwig Dogwood Trees Ponderosa Pine BigleafMaple Red Alder Oregon Ash Oregon Oak Vine Maple 9.6 Partial List of invasive Plants to be Removed. English ivy Blackberry Poison,Oak Scotch Broom 3> '75 - 0 D01(<? Received: pj,:iriner: SH