HomeMy WebLinkAboutMiscellaneous APPLICANT 4/21/2010
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Owner/Grantor:
BREEDEN BROS., INC.
ROBERT L. BREEDEN
366 EAST 40 TH AVE, SUITE 250
EUGENE, OR 97405
Grantee/Dedicatee:
CITY OF SPRINGFIELD
Public Works Department
225 Fifth Street
Springfield, OR 97477
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Place Label Recording Here
After recording return to:
Breeden Bros., Inc.
Robert L. Breeden
366 East 40th Ave, Suite 250
Eugene, OR 97405
RIVER HEIGHTS SUBDIVISION
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
DEVELOPERfDECLARANT
BREEDEN BROS., INC.
REVISION DATE: April 21, 2010
Plat of River Heights recorded simultaneously herewith in Lane County Deed Records at:
RECEPTION NUMBER
RIVER HEIGHTS
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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 35.4 acres located within the City of Springfield, Lane County,
Oregon. Declarant proposes to develop approximately 24.25 acres of this property to be known as
River Heights Subdivision, hereinafter "River Heights." The remaining property shown as Tract A
and Tract B on River Heights may be owned and maintained by the applicable governmental entities
devoted to open space, various recreational purposes, or other purposes as defined herein.
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 enhancement of areas of significant
existing natural features; to expand and supplement such natural 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 and 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 of the 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 the 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 itselfto
take any action for which definite provision is not made below nor is Declarant prohibited from
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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:
l.l 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.
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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 contract 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 I 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:
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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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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Residential Lots. Residential Lots will consist of all Lots on the plat of River
Heights.
Conservation Areas. Conservation Areas will consist of all areas marked
Conservation Areas on the pHlt of River Heights.
Public Access Easement Areas. Public Access Easement Areas will consist of all
areas marked Public Access Easement Areas (specifically lots 19 and 31) on the plat
of River Heights.
Preservation Areas. Preservation Areas will consist of all areas marked Preservation
Areas on the plat of River Heights.
Private Easement Areas. Private Easement Areas will consist of all areas marked
Private Easement Areas on the plat of River Heights.
Public Storm Water EasemeIit. Public Storm Water Easements will consist of the
areas marked on any plat of River Heights as Public Storm Water Easement (PSWE),
the maintenance of which will be borne by the City of Springfield.
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.
Slope Easements. Slope Easements will consist of the areas marked on the plat of
River Heights as Slope Easements (SE).
Tract A. Tract A within the plat of River Heights shall be considered within the
ownership of the Declarant. Tjle Declarant may transfer the ownership of Tract A to
Willamalane Parks District or its designee at a future date. The Declarant shall
maintain Tract A until such time as Willamalane Parks District or its designee
assumes the maintenance responsibilities. Public Storm Water Easements and the
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Facilities within those Easements in Trace A are maintained by the City of
Springfield; see separately recorded Maintenance Agreement between the Declarant
and the City of Springfield.
(j) Tract B. Tract B within the plat of River Heights is provided to Rainbow Water
District as access. The Declarant will transfer the ownership of Tract B to Rainbow
Water District or its designee at a future date.
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
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 Utilitv Easements. Easements as shown on the plat of River Heights are granted and
conveyed to applicable govemmental, quasi-governmental and private entities to facilitate
their providing utility services to River Heights for the installation, maintenance, repair and
replacement of the provider(s)' utility lines, pipes, conduits, equipment and related facilities.
4.2 City of Springfield 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.
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(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 convenient 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 permit 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" defined as Lots 12, 16, 19 and 31) for the
benefit of other Lots ("Benefited Lots" defmed as Lots 13, 15, 18 and 24 through 30) 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.
4.4 Slope Easements. Slope Easements contain cut and fill embankments outside street right of
ways that were constructed as part of the street support structure. Fill material shall not be removed
from within slope easements unless an alternative method for slope stability is designed by a licensed
civil engineer, is approved by the City of Springfield, and is installed in a manner that maintains the
structural support provided by the existing fill bank material. Cut slopes may be altered provided that
iftheyare steepened, measures are implemented which prevent the sloughing of soil into the street
and sidewalk and such alterations are designed by a licensed civil engineer, and are approved by the
City of Springfield. The easement areas may otherwise be landscaped, used and maintained without
restriction.
ARTICLE V
PROPERTY RIGHTS IN LOTS
5.1 Use and Occupancy. 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" defined as Lots 13, 15, 18 and 24
through 30) within River Heights will have a private easement over, upon, across and under
portions of other Lots ("Burdened Lots" defined as Lots 12, 16, 19 and 31) subject to the
following rights and obligations in connection with such Private Lot Easement area.
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(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 foUowing
purposes and uses:
(i) Ifthe area is designated a "Private Access Easement," such Lot wiU have a
nonexclusive easement over such area for ingress, egress, and utility
instaUation and maintenance purposes.
(ii) If the area is designated as a "Private Utility 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 and or for the purposes of
instaUation and maintenance of one or more private wastewater lines and
appurtenances.
(b) InstaUation 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 aU 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 equaUy by and
assessed to aU ofthe 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
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 expended to remedy the damage to the
Easement area.
(e) Obligation of Contribution Runs with the Land: Personal Obligation. The obligation
of contribution hereunder wiU not only be a charge and continuing lien against and
run with the land, but will also be the personal obligation of the Owner of the Lot at
the time an obligation of contribution hereunder arises.
(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 Stormwater Sewer or Private Wastewater
Sewer in the Easement area, the dispute wiU 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
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and attorneys fees, if any, to the 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 concerning 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. The arbitrator will not be deemed to
have acted unreasonably solely because the arbitrator 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 drainage 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, specifically Lot 1. Declarant will have the right to install
and maintain subdivision identification and for sale signs within such Sign Easement
areas for so long as Declarant owns any Lots within River Heights.
(b) Right of Entry. 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 deemed to constitute a trespass or
otherwise create any right of action in the Owner of such Residential Lot.
(c) Utility 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 denied 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.
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ARTICLE VI
CONSERVATION
6. I 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)
(b)
(c)
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Inventorv. As a condition of final subdivision approval 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 Z
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 plot 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 plots will constitute the City's inventory of Trees within
River Heights.
Maintenance. It is the obligation of the Lot Owners to care for and maintain at all
times all trees inventoried within River Heights. 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
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 of the trees as a significant asset to their individual property values and to
the value of the community.
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 City 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 corrected upon any replacements and treated in the same d.
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manner as original inventoried trees. Lot Owners will be responsible for the care and
health ofreplacement 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 occurrences will happen in the future that will
have beneficial and adverse effects on the ecosystems, whether on individual Lots or
rights-of-ways; which conditions and occurrences will require special plans to meet
the intent and purpose ofthis Declaration. Any special plans will be submitted to the
City which will be the final decision-maker regarding the plans.
6.2 Landscape. Preservation. Enhancement and Fire Break Guidelines. Article Vill, 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
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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.
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 of a 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
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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 o:wners 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.
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
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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 ~. 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 Sil?Jls. 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
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
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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 or plantings 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 pennitted 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
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 ofthe 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-applicability 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.
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ARTICLE VIII
ARCHITECTURAL REVIEW COMMITTEE
8.] 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 of this 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.
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 ifthe Architectural Review
Committee finds the proposed Improvement would be inappropriate for the particular Lot or
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incompatible with the design standards that the Committee intends for River Hejghts.
Consideration of sibng, shape, size, color, desjgn, height, solar access, impairment of the
view from other Lots wjthin River Heights, or other effect on the enjoyment of other Lots or
the Common Areas, disturbance of existing terrain and vegetabon and any other factors
which the Architectural Review Committee reasonably believes to be relevant, may be taken
into account by the Archjtectural Revjew Committee in determining whether or not to
approve or condition its approval of any proposed Improvement.
8.7 Membership; Appointment and Removal. The Architectural Reyjew Committee will consist
of as many persons, but not less than three, as the Declarant may from time- to- time appoint.
Notwithstanding anythjng to the contrary in tills Declaration, the Declarant will have the
right, but not the obligation, of membership on the Architectural Committee so long as
Declarant owns any Lot withjn River Heights for sale to third parties and the right to annex.
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 Maiority Action. Except as otherwise provided herein, a majority of the members of the
Architectural Review Committee mil have the power to act on behalf of the Arcmtectural
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 Reyjew Commjttee may render its decision only by written instrument setting
forth the action taken by the members consenting thereto.
8.9 Liability. The scope of the Architectural Reyjew COlI1111ittee's review is not intended to
include any review or analysis of structural, geophysical, enginewng, or other similar
considerations. Neither the Architectural Review Commjttee nor any member thereof will be
liable to any Owner, occupant, contractor, developer, or the City of Springfield for any
damage, loss, or prejudice suffered or,claimed on account of any action or failure to act of the
Arcmtectural Review Committee or a member thereof, provided only that the Architectural
Review Committee has, or the member has, in accordance mth the actual knowledge
possessed by the Architectural Reyjew 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 Reyjew Commjttee'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.
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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 anyrnortgagee 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 byDeclarant 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
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 of fines, 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
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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 Committee may 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 ofIiens under ORS Chapter
88. The Committee, through its duly authorized agents, may bid on the Lot at such
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, fmes, 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.
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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 ofthe 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 offoreclosure. 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 of the State of
Oregon. A late charge may be charged for each delinquent assessment in an amount
established from time to time by resolution of the 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.
9.6 Non-Exclusiveness and Accumulation of Remedies. An election by the Committee to pursue
any remedy provided for violation of this Declaration will not prevent concurrent or
subsequent exercise of another remedy permitted hereunder. The remedies provided in this
Declaration are not exclusive but wi11.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 Water 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 Owners of Lots. In addition to any other remedies
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available to the City, the City may, but will not be required to, enforce such provisions by
appropriate proceedings at law or in equity.
ARTICLE X
MISCELLANEOUS PROVISIONS
10. I 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%) ofthe 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 this Declaration. In no event will an
amendment under this section create, limit, or diminish 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 Owners of the affected Lots unanimously
consent to the amendment. To the extent any amendment relates to the preservation or
maiptenance 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 of 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.
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
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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 Owner 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 of such 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
marmer 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
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 deemed 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
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 ofthe provisions of this Declaration.
10.10 Notices and Other Documents. All notices and other communications 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
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United States mails, certified or registered mail, return receipt requested, addressed to the
party to which such notice is directed' at its address determined as provided in this Section
10.10.
(a) Addresses. All notices and other communications 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 Lots in 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 and 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.
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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 duIy 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:
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EXHIBIT A
ARCHITECTURAL GUIDELINES (including Wildfire Defense Planning)
The DeveloperlDeclarant has planned River Heights in recognition 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 the City of Springfield.
I. Roofing. A minimum class A or B fire retardant roofing must be used on all
Improvements within River Heights. The minimum asphaltic/fiberglass shingle
permitted will be architectural-grades with random 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 site 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 mInimum 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 fRV'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, an RV 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.
Date Received:
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8. Satellites. Satellite antennas (dishes) of the size and shape mandated by the FCC are
permitted, 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, coated or painted black to blend
with existing vegetation.
II. Maintenance Road. Gates will be required in fences at Lots I through 12, and Lot
16, iffence crosses maintenance road at rear oflol. Nothing shall be built, stored
or parked on maintenance road at rear of Lots I through 12, and Lot 16.
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EXHIBIT B
LANDSCAPE GUIDELINES (including Wildfire Defense Planning)
1. 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 and 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 maintained by the Lot Owners to City of
Springfield's standards.
3. Preservation Areas.
Preservation Areas will be maintained and enhanced in a 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 planted 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 Conservation Areas will be ~ ;?-j - 16
, Date Received:
Planner: SH
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selected from the list of approved trees below. All landscaping 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 planting 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 material to prevent barren plant beds
during the winter season. Plant beds which are visible from 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 with 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 with 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 in 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
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9. Wildfire Defense Planning.
The DeveloperlDeclarant 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 rights-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/pennits 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 Wildfue Defense Plan for each of the Affected Lots is an integral part of the overall
landscape plan, including trees and shrubs to be planted on Building Lots within
Conservation Areas, to be preserved and/or enhanced within 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 remove 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
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. '. -1 i? i - ID
Date Received.
Planner: SH
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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
Understorv
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
Date Received:
Planner: SH
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