HomeMy WebLinkAboutDeed APPLICANT 11/9/2006
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PLAT
DOCUMENT #
Dil/ision of Chief Depuly Cl~rk 2~~6.~~~m
Lane Counly Deeds and Recor s I
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00859012200600808170010019 11/09/2006 09: 11 :25 ~M
RPR-SU8D Cnl:1 Sln:1 CASHIER 02
$5.00 $1,310.00 $10.00 $11.00
. This. document is a'
SUBDIVISION
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MOUNT AINGA TEWEST
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Owner:. Suntrust Land Company LLC.
Dedicatee: City of Springfie'ld
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Twn. 18S Rng. 2W Sec~4 :
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LANE COUNTY DEEDS & RECORDS
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----1Q. - Stickers , NO V 0 9 6
----2... - Res. Numbers
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AFTER RECORDlNG RETURN TO: p~
Lane CountY Surveyor's Office
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Division of Chief Depuly CI k
Lane Counly Deeds and Recor::
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RPR-ESMT Cnl=2 Sln=l cAJJ{~~/~g6 09: 11 : 25 AM
, $5.00 $20.00 $10.00 $11.00 )
DECLARATION OF PRIVATE JOINT ACCESS EASEMENT AND I
MAINTENANCE AGREEMENT
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200D.o~om I
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$46,00 i
RECITALS:
SunTrust Land Company, LLC (SUNTRUST) is the owner of the following described real
property located in the SW 1/4 of Section 34 located in Township 17 South, Range 2
West and the NW 1/4 of Section 3 &NE 1/4 of Section 4 located in Township 18 South,
Range 2 West of the Willamette Meridian. The legal description of said real property is
shown on attached Exhibit""A". '
'The owner is subdividing said real property into 130 lots as shown on MOUNTAINGATE
WEST recorded '9 A/C1ve-"'lI3ER' ,2006, Document No. 2006-
801(/7 ,Lane County Deeds and Records, located in Lane
County, Oregon. This easement is being created to satisfy a condition of approval (by
City of Springfield) and impacts Lots 44 through 46 of said MOUNTAINGATE WEST.
DECLARATION OF EASEMENT:
1. EasementCreated. SUNTRUST hereby creates a perpetual 'easement as
described in attached Exhibit "B" for the mutual exclusive use of said Lots 44
through 47 and Tract "A".
2. Purpose. The easement is created to allow access, ing"ress and egress, and
driveway purposes for said Lots 44 through 47 and Tract "A" for the maintenance
thereof.
3. Use of Burdened Property. The owners or occupiers of the properties affected
by the. easement shall have the right to use their property, including, the area
described as the easement, for any purpose as long as the owners, or occupiers
do not interfere with the use ofthe easement as granted by this instrumel')t.
4. Maintenance and Repairs. The cost of any maintenance or repair of the area
withiri the easement shall be apportioned between the owners of said Lots 44
through 47, proportionate to each party's use of the easemeljlt.
5. Successors in Interest. The provisions ofthis instrument touch and
concern, and relate to the use of said Lots 44 through 47 and Tract "A", and are
int~n~ted to be covenants and restrictions running with the land.
After recording return to: SunTrust Land Company, LLC, 780 NW York Drive Suite 204, Bend, OR 97701
Access Easement and Maintenance Agreement - Page 1
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All provisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioned tracts.
Dated this ZStf\dayof ()cJ,obe.,7 ,2006.
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Mark Vukanovich, Member
SunTrust Land Company, LLC
STATE OF OREGON )
) ss.
County of Lane" )
On Q:.!;-o;)ce zS- , 2006, before me, personally appeared Mark
Vukanovich acting in his capacity of Member, SunTrust Land Company, LLC, known to
me (or" proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that by his signature he
has executed the instrument as his voluntary act and deed.
official seal.
8' -'0 "..'" OFFICIALS
"," ,,, LLOYD EAL
\." ../ "NO - ,L:TOLBERT
,,~ .. .TAllY PUBLIC _ ORE
' COMMISSIO GON
MY COMMISSiON" N No" 405406
, . .. ,....s:<:PIRES JUNE 4
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Access Easement and Maintenance Agreement - Page 2
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"EXHIBIT An
Beginning at a 5/8 inch rebar with a yeilow plastic I.D. cap stamped "Branch Eng Inc" iocated at
the most westerly northwest corner of Lot 54, Mountaingate, recorded May ,1 0, 2005, Document
No. 2005-33764, Lane County Oregon Deeds and Records; thence North 88"07'50" West 826.18
feet; thence South 01 "40'40" West 730.64 feet; thence North 89"13'27" West 14.45 feet; thence
South 52"05'49" East 24.58 feet; thence South 37"54'12" West 300.00 feet; thence North
52"05'49" West 150.00 feet; thence North 37"54'17" East 205.05 feet; thence North 89"13'27"
West 128.29 feet to a brass cap marking the northwest corner of Section 3,: Township 18 South,
Range 2 West of the WilIamette Meridian; thence continuing North 89"13'27" West 261.45' feet;
thence South 01 "31 '18" West 688.66 feet, to the northerly right of way of Weyerhaeuser's private
roadway; thence along said northerly right of way the foilowing five (5) courses and distances:
thence along the arc of a 745.71 foot radius curve right (the chord of which bears South
40"50'12" East 83.78 feet) a distance of 83.83 feet; thence South 37"36'59" East 97.9.83 feet;
thence aiong the arc of a 542.57 foot radius curve left (the chord of which bears South 52"41 '29"
East 282.23 feet) a distance of 285.51 feet; thence South 67"45'59" East 192.07 feet; and thence
aiong the arc of a' 602.57 foot radius curve right (the chord of which bears South 52"07'55" East
324.78 feet) a distanceof 328.85 feet; thence ieaving said northerly right ot way; bearing North
52"53'06" East 14.48 feet; thence along the arc of a 280.00 foot radius cunie left (the chord of
which bears North 78"53'10" East 503.32 feet) a distance of 625.52 feet; thence North 14"53'14"
East 87.89 feet; thence along the arc of a 430.00 foot radius curve left (the ,chord of which bears
North 13"18'31" East 23.69 feet) a distance of 23.69 feet; thence South 29"58'27" East 22.09
feet; thence South 75"06'46" East 58.86 feet; thence along the arc of a 325.00 foot radius curve
right (the. chord of which bears South 71 "52'34" East 36.70 feet) a distanceiof 36.72 feet; thence
North 21"21'38" East 110.00 feet; thence North 00"29'45" East 165.70 feet; thence North
41"00'26" West 112.74 feet; thence North 14"37'42" West83.91 feet; thence North 08"35'16"
West 74.63feet; thence North 04"59:22" West 76.49 feet; thence North 05":02'04" East 77.27
feet; thence North 79"55'40" West 130.00 feet; thence along the arc of a 570.00 foot radius curve
right (the chord of which bears North 11 "22'46" East 26.01 feet) a distance of 26.01 feet; thence
South 79"55'40 East 130.15 feet; thence North 14"02'21 " East 173.21 feetAhence North.
75"57'39" West 130.00 feet; thence North 14"02'21" East 26.00 feet; thence South 75"57'39"
East 130.00feet; thence North 14"02'21" East 90.00 feet; 'thence South 75,57'39" East 180.00
feet; thence North 14"02'21" East 206.00 feet; thence South 75"57'39" East 22: 15 feet; thence
North 36~39'21" East 716.22 feet, to the southwest corner of Lot 108 of Moimtaingate First'
Addition recorded April 3, 2006, Document No. 2006-022556, Lane County:Oregon Deeds and
Records; thence along the southerly boundary of said Mountaingate First Addition North
03"09'30" East 72.43 feet; and North 87"08'24" West 547.98 feet, returning to the southwesterly
boundary of above-mentioned Mountaingate; thence along said southwesterly boundary of
Mountaingate the foilowing seven (7) courses and distances: North 48"03'28" West 176.97 feet;
thence alon9 the arc of a 80.00 foot radius curve ri9ht (the chord of which bears North 13"35'04"
East 39.13 feet) a distance of 39.53 feet; thence North 62"15'41" West 60.00 feet; thence North
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42"47'48" West 204.72 feet; thence North 61 "25'21" West 101.56 feet; thence North 58"23'57"
West 308.47 feet; thence North 01 "36'03" East 161.66 feet to the point of beginning, all in Lane
County, Oregon.
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Access Easement and Maintenance Agreement - Page 3
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"EXHIBIT B"
Legal Description for 20.0 foot Access Easement
Beginning at the most northerlly northwest corner of Lot 47, MOUNT AINGIHE WEST,
Recorded 9" AA:'JI/ 66 , Document No. ..:ibo6- 8a9 / 7 , Lane County Oregon
Deeds and Records; thence along the northwesterly boundary of said Lot 47 and its southerly
extension South 49'14'00" West 41.45 feet; and South 40'09'52" West 239.80 feet to the
southwesterly boundary of Lot 46 of said MOUNT AINGA TE WEST; thence along said
southwesterly boundaries of Lot 46 and 45 thereof North 49'50'09" West 20.00 feet; thence
leaving said southwesterly boundary of Lot 45 bearing North 40'09'52" East 241.39 feet; thence
North 49'14'00" East 46.44 feet to the north margin of Graystone Loop, being 25.00 feet from,
when measured at right angle to, the centerline of said Graystone Loop; th'ence along said south
margin along the arc of a 175.00 foot radius curve left (the chord of which bears South 31 '06'37"
East 20.29 feet) a distance of 20.30 feet to the point of beginning, all in Lane County, Oregon.
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Access Easement and Maintenance Agreement - Page 4
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DiviSion of chief4i'PUly Cle~k
Lane Counly Deeds and Reco~ds
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~OOc.O~O~19
1111111111111111111111111111111111111111111111111 $46,00
0~B59015200600B0B 190040043 11/09/2006 09: 11 : 25 AM
RPR-ESMT Cnl=2 Sln=l CASHIER 02
$5.00 $20.00 $10.00 $11.00
DECLARATION OF PRIVATE JOr'NT ACCESS/UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
I
SunTrust Land Company, LLC (SUNTRUS1:J is the owner of the following described real
property located in the SW .1/4 of Section 34 located in Township 17 South, Range 2
West and the NW1/4 of Section 3 & NE1/4'of Section 4 located in Township 18 South,
Range 2 West of the Willamette Meridian. The legal description of said real property is
shown on attached Exhibit "A",
The owner is subdividing said reaL property into 130 lots as shown on MOUNTAINGATE
WEST recorded . 'T A/CJl/. ! , 2006, Document No. 2006, .
flog /7 , Lane County Deeds and Records, located in Lane County, Oregon.
This easement is being created.to satisfy a tondition of approval (by City of Springfield)
and impacts Lots 113 and 1140f said MOU,NTAINGATE WEST.
DECLARA TIONOF .EASEMENT:
1. .
. Easement Created. SUN TRUST hereby creates a perpetual easement as
described in attached Exhibit "B" for, the mutual exclusive use of said Lots 113
arid 114. .
2.
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Purpose. The easement is created ~o allow access, ingress and egress, and
driveway purpo'ses for said Lots 11 ~ and 114. The easement may also be used
by the aforementioned parcels for ttie installation, construction, inspection,
maintenance, repair, reconstruction; and replacement of private utilities and
facilities,such as storm drainage,wastewater, electric facilities and CATV as
long as such use does not 'interfere ~ith ingress/egress access. .
3.
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Use of Burdened Property. The owners or occupiers of the properties affected
by the easement shall have the right to use their property, including the area
described as the easement, for anYjPurpose as long as the owners' or occupiers
do not interfere with the use of the easement as granted by this instrument
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Maintenance and Repairs, Thecos,t of any maintenance or repair of the area
within the easement shall be apportioned between the owners of sa. id.Lots 113
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and 114, proportionate to each party's use of the easement. '.
Successors in Interest. 'The P~ovisions'of this instrument to~ch and
concern,. and relate to the use cif sa'id Lots 113 and 114, and are intended to be
covenants and restriCtions rdnning kith the land. .' . .
4.
5.
After recording return to: SunTrustland Company, rc' 780 NW York Drive Suite 204, Bend, OR 97701
Access Easement and Maintenance Agreement - Page 1
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All provisions of this instrument, including tre benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioneq tracts.
Dated this ZS-#, day of
,
,
CC"lOJ3tP :, 2006.
~~
llifark Vukanovich, Member
SunTrust Land Company, LLC
r ...
=>
STATE OF OREGON )
) ss.
County of Lane )
On Oc:ro ~ '2 ~. ; 2006, before me, personally appeared Mark
Vukanovich acting in his capacity of Member, SunTrust Land Company, LLC, known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that by his signature he
has executed the instrument as his voluntary act and deed.
I) OFFICIAL SEAL
. '. ' j' LLOYD L. TOLBERT
......... NOTARY PUBLlC- OREGON
n' COMMISSION. NO. 405406
MY COMMISSION EXPIRES JUNE 4, 2010.
Access Easement and Maintenance Agreement - Page 2
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"EXHIBIT A"
Beginning at a 5/8 inch rebar with a yellow plastic I.D. cap stamped "Branch Eng Inc" located at
the most westerly northwest corner of.Lot 54, Mountaingate, recorded May .10, 2005, Document
No. 2005-33764, Lane County Oregon Deeds and Records; thence North 88"07'50" West 826.18
feet; thence South 01 "40'40" West 730.64 feet; thence North 89"13'27" West 14.45 feet; thence
South 52"05'49" East 24.58 feet; thence South 37"54'12" West 300.00 feet; thence North
52"05'49" West 150.00 feet; thence North 37"54'17" East 205.05 feet; thence North 89"13'27"
West 128.29 feet to a brass cap marking the northwest corner of Section 3, Township 18 South,
Range 2 West of the Willamette Meridian; thence continuing North 89"13'27" West 261.45 feet;
thence South 01 "31 '18" West 688.66 feet, to the northerly right of way of Weyerhaeuser's private
roadway; thence along said northerly right of way the following fiv.e (5) courses and distances:
thence aiong the arc of a 745.71 foot radius curVe right (the chord of which bears South
40"50'12" East 83.78 feet) a distance of 83.83 feet; thence South 37"36'59" East 979.83 feet;
thence along the arc of a 542.57 foot radius curVe left (the chord of which bears South 52"41 '29"
East 282.23 feet) a distance of 285.51 feet; thence South 67"45'59" East 192.07 feet; and thence
along the arc of a 602.57 foot radius CUNe right.(the chord of which bears South 52"07'55" East
324.78 feet) a distance of 328.85 feet; thence leaving said northerly right of way; bearing North
52"53'06" East 14.48 feet; thence along the arc 'of a 280.00 foot radius CUNe left (the chord of
which bears North 78"53'10" East 50:).32 feet) a distance of 625.52 feet; thence North 14"53'14"
East 87.89 feet; thence along the arc of a 430.00 foot radius CUNe left (the chord of which bears
North 13"18'31" East 23.69 feet) a distance of 2.3.69 feet; thence South 29"58'27" East 22.09 .
feet; thence South 75"06'46" East 58.86 feet; thence along the arc of a 325,00 foot radius CUNe
right (the. chord of which bears South 71 "52'34" East 36.70 feet) a distance of 36.72 feet; thence
North 21 "21 '38" East.110.00 feet; thence North 00"29'45" East 165.70 feet; thence North
41 "00'26" West 112.74 feet; thence North 14"37'42" West 83.91 feet; thence North 08"35'16"
West 74.63 feet; thence North 04"59'22" West 76.49 feet; thence North 05"02'04" East 77.27
feet; thence North 79"55'40" West 130.00 feet; thence along the arc of a 570.00 foot radius CUNe
right (the chord of which bears North 11 "22'46" East 26.01 feet) a distance cif 26.01 feet; thence
South 79"55'40 East 130,15 feet; thence North 14"02'21" East 173.21 feet; thence North
75"57'39" Wesl'130.00 feet; thence North 14"02'21" East 26.00 feet; thence South 75"57'39"
East 130.00 feet; thence North 14"02'21 " East 90.00 feet; thence South 75"57'39" East 180.00
feet; thence North 14"02'21" East 206.00 feet; thence South 75"57'39" East 22.15 feet; thence
North 36"39'21" East 716.22 feet, to the souihwest corner of Lot 108 of Mountaingate First
Addition recorded April 3, 2006, Document No. 2006-022556, Lane County Oregon Deeds and
Retords; thence along the southeriy boundary of said Mountaingate First Addition North
03"09'30" East 72.43 feet; and North 87"08'24" West 547.98 feet, returning to the southwesterly
boundary of above-mentioned Mountaingate; thence along said southwesterly boundary of
Mountaingate the following seven (7) courses and distances: North 48"03'28" West 176.97 feet;
thence alon9. the arc .of a.80.00 foot radius CUN~ right (the chord of which bears North .13"35'04"
East 39.13 feei) a distance of 39.53 feet; thence North 62"15'41" West 60.00 feet; thence North.
42"47'48" West 204.72 feet; thence North 61"25'21" West 101.56 feet; thence North 58"23'57"
West 308.47 feet; thence North 01 "36'03" East 161.66 feetto the point of beginning, all in Lane
County, Oregon. . I .
Access Easement and Maintenance ~greement - Page 3
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"EXHIBIT B"
Legal Description for 26.0 foot Access Easement
Beginning at the southwest corner of Lot115 MOUNTAINGATE WEST, Recorded 9 NOt-( ~6,
Document No. 2~- 6'0817 ,Lane County Oregon Deeds and Records; thence
along the southerly boundary .of said Lot115 ahd its easterly extension South 75"57'39" East
155.00 feet; thence South 14"02'21" West 26.00 feet; thence along the northerly boundary of Lot
112 of said MOUNTAINGATE WEST and its easterly extension North 75"57'39" West 155.00 feet
to the easterly margin of Mountaingate Drive, tieing 30.00 feet from, when measured at right
angle to, the centerline of said Mountaingate Drive; thence along said easterly margin North
14"02'21" West 26.00 feet to the point of beginning, all in Lane County, Oregon.
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Access Easement and Maintenance Agreement - Page 4
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i Division of Chi.Deput.y Clerk 2M6.1I01I02n
'Lane Count.y Deeds and Records UU UQUQ U
i IIII\\IIIIIIIIlIIIII\ 1\\1\1\\1"'1\ "''' II III I III $46,00
. 00859016200600808200040040 11/09/2006 09: 11 :25 AM
: RPR-ESMT Cnt.=2 St.n=l CASHIER 02
I $5.00 $20.00 $10.00 $11.00
DECLARATION OF PRIVATE JOINT ACCESS/UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
.
RECITALS:
,
SunTrust Land Company, LLC(SUNTRUST) is the owner of the following described real
property located in the SW 1/4 of Section 34: located in Township 17 South, Range 2
West and the tilW1/4 of Section 3 & NE 1/4:of Section 4 located in Township 18 South,
Range 2 West of the Willamette Meridian. The legal description of said real property is
shown on attached Exhibit "A", . I
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The owner is subdividing said real property into 130 lots as shown on MOUNTAINGATE
WEST recorded . . '7/kl1/. '.! , 2006, Document No. 2006-
80/(/7 ,Lane County Deeds and He:cords, located in Lane County; Oregon.
This ease mentis being created to satisfy a 9ondition of approval (by City of Springfield)
and impacts Lots 124.ofsaid MOUNTAINGATE WEST,
DECLARATION OF EASEMENT:
1,
Easement Created. SUNTRUST hereby creates a perpetual easement as
described in attached Exhibit "B" forithe mutual exclusive use of said Lots 123-
. 125 and that certain tract of land currently owned by Springfield Utility Soard
lying adjacent to Lots 123 and 12:4, being shown on Assessor's Map No, 18-02-
03 as Tax Lots 800 & 801,
2.
Purpose, The easement is created to limit access, ingress and egress, and
driveway. purposes for said Lots 123--125' and said Tax Lots 800 &801. The'
easement may also be used.by the aforementioned parcels for the'installation,
construction, inspection, maintenance, repair, reconstruction, and replacement
of private utilities and facilities, such; as storm drainage, wastewater, elE3ctric
facilities and eA TV for said Lots 123-125 as long . as such use does not interfere
with ingress/egress access. .
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Use of Burdened Property. The owners or occupiers of the properties affected
by the easement shall have the right to use their property, including the area
described as the easement, for any!purpose as long as the owners or occupiers
do not interfere with the use of the easement as granted by this instrument.
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Maintenance and Repairs. The cost of any maintenance or repair of the .are,a
within the easement shall be apportioned between the owners of said Lots '123 -
125 <'indsaid Tax Lots 800 & 801. proportionate to each party's use of the
easement.
3.
4.
After recording return to: SunTrust Land Company, ULC, 780 NW York Drive Suite 204, Bend, OR 97701
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Access Easement and Maintenance Agreement.. Page 1
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5. Successors in Interest. The provisions of this instrument touch and.
concern, and relate to the use of said Lots 123 - 125 and said Tax Lots 800 &
801, and are intended to be covenants and restrictions running with the land.
All provisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioned tracts.
Dated this Z~sl-" day of Ocro/$F/ , 2006.
~- ~ " "'
~.......... ~-- . -- ""- =--'
-Mark Vukanovich, Member
SunTrust Land Company, LLC
STATE OF OREGON )
) ss.
County of Lane )
On Ocr"'~ z:..- 5" , 2006, before me, personally appeared Mark
Vukanovich acting in his capacity of Member, SunTrust Land Company., LLC, known to
me (or proved to me onthe basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that by his signature he
has executed the instrument as his voluntary act and deed.
Witness my hand and official seal.
..' OFFICIAL SEAL .
i . ;". LLOYD L. TOLBERT .
,~ NOTARY PUBLIC - OREGON
. ,," COMMISSION NO. 405406
MY COMMISSION EXPIRES JUNE 4, 2010
i. egon
ssion Expires: -:JaJE...'1 ' ~
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Access Easement and Maintenance Agreement - Page 2
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"EXHIBIT An
Beginning at a 5/8 inch rebar with a yellow plastic I.D. cap stamped "Branch Eng Inc" located at
the most westerly northwest corner of Lot 54, Mountaingate, recorded May 10, 2005, Document
No. 2005-33764, Lane County Oregon Deeds and Records; thence North 88"07'50" West 826.18
feet; thence South 01"40'40" West 730.64 feet; thence North 89"13'27" West 14.45 feet; thence
South 52"05'49" East 24.58 feet; thence South 37"54'12" West 300.00 feet; thence North
52"05'49" West 150.00 feet; thence North 37"54'17" East 205.05 feet; thence North 89"13'27"
West 128.29 feet to a brass cap marking the northwest corner of Section 3, Township 18 South,
Range.2 West of the Willamette Meridian; thence continuing North 89"13'27" West 261.45 feet;
.thence South 01 "31 '18" West 688.66 feet, to the northerly right of way of Weyerhaeuser's private
roadway; thence along said northerly right of way the following five (5) courses and distances:
thence along the arc of a 745.71 foot radius curve right (the chord of which bears South
40"50'12" East 83.78 feet) a distance of 83.83 feet; thence South 37"36'59: East 979.83 feet;
thence along the arc of a 542.57 foot radius curve left (the chord of which bears South 52"41 '29"
East 282.23 feet) a distance of 285.51 feet; thence South 67"45'59" East 192.07 feet; and thence
. along the arc of a 602.57 foot radius curve right (the chord of which bears South 52"07'55" East
324.78 feet) a distance of 328.85 feet; thence leaving said northerly right of way; bearing North
52"53'06" East 14.48 feet; thence along the arc of a 280.00 foot radius curve left (the chord of
which bears North 78"53'10" East 503.32 feet) a distance of 625.52 feet; thence North 14"53'14"
East 87.89 feet; thence along the arc of a 430.00 foot radius curve left (the chord.of which bears
North 13"18'31" East 23.69 feet) a distance of 23.69 feet; thence South 29"58'27" East 22.09
feet; thence South 75"06'46"'East 58.86 feet; thence along the arc of a 325.00' foot radius curve
right (the chord of which bears South 71 "52'34" East 36.70 feet) a distance of 36.72 feet; thence
North 21"21'38" East 110.00 feet; thence North 00"29'45" East 165.70 feet; thence North
41 "00'26" West .112.74 feet; thence North 14"37'42" West 83.91 feet; thence North 08"35'16"
West 74.63 feet; thence.North 04'59'22" West 76.49 feet; thence North 05"02'04" East 77.27 .
feet; thence North 79"55'40" West 130.00 feet; thence along the arc of a 570.00 foot radius curve
right (the chord of which bears North 11"22'46" East26.01 feet) a distance of 26.01 feet; thence
South 79"55'40 East 130.15 feet; thence North 14"02'21" East 173.21 feet; thence North .
75"57'39" West 130.00 feet; thence North 14"02'21" East 26.00 feet; thence .South 75"57'39"
East 130.00 feet; thence North 14"02'21" East 90.00 feet; thence South.75"57'39" East 180.00
feet; thence North 14"02'21" East 206.00 feet; thence South 75"57'39" East 22.15 feet; thence
North 36"39'21~' East 716.22 feet, to the southwest corner of Lot 1 08 of Mountaingate First
Addition recorded April 3, 2006, Document No. 2006-022556, Lane County Oregon Deeds and
Records; thence along the southerly boundary of said Mountaingate First Addition' North
03"09'30" East 72.43 feet; and North 87"08'24" West 547.98 feet, returning to ihe southwesterly
boundary of above-mentioned Mountaingate; thence along said southwesterly boundary of
Mountaingate the following seven (7) courses and distances: North 48"03'28" West 176.97 feet;
thence along the arc of a.80.00 foot radius curve right (the chord of which' bears North 13"35'04"
East 39.13 feet) a distance of 39.53 feet; thence North 62"15'41" West 60.00 feet;. thence North
42'47'48" We.st 204.72 feet; thence North 61 "25'21" West 101.56 feet; thence North 58"23'57"
West 308.47 feet; thence North 01 "36'03" East 161.66 feet to the point'of beginning, all in Lane
County, Oregon.' .
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Access Easement and Maintenance Agreement - Page 3
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"EXHIBIT Bn
Legal Description for ,>, ii.c~'",\. Access Easement
Beginning at the southwest corner of Lot 125MOUNTAINGATE' WEST, Recorded 9/U:J1/ b6 ,
Document No. '2~CJ6- &JI? 17 , Lane County' Oregon Deeds and Records, said
corner being located on the west margin of South 59th Street, being 20.00 feet from, when
measured at right angle to, the centerline of said South 59th Street; thence along said west
margin of South 59th Street North 09028'10 East 28.10 feet to the northerly terminus of South
59th Street and the,True Point of Beginning; thence along the east boundary of said Lot 125
North 05024'56" East 135:74 feet; thence leaving said east boundary of Lot 125, bearing South
84035'04" East 39.66 feet.to an angle point on the boundary of Lot 124 of said MOUNTAINGATE
WEST; thence along said boundary of Lot 124 South 52005'49" East 20.00 feet to the most
northerly northwest corner of Lot 123 of said MOUNTAINGATE WEST;. thence along the west
boundary of said Lot 123 South 3r54'12" West 56.85 feet; and South 05024'56" West 78.89 feet,
returning to the aforementioned northerly terminus of South 59th Street; thence along said
northerly terminus North 80031 '51" West 26.07 feet to the True Point of Beginning, all in Lane
County, Oregon. .
I
Access Easement and Maintenance Agreement - Page 4
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Division of chietlRepUlY Clerk
Lane Counly Deeds and Records
2~~6.~~~~21
1111111111111111111111111111111111111111111111111 $46,00
00859017200600808210040047
11/09/200609:11:25 AM
RPR-ESMT Cnl=2 Sln=l CASHIER 02
$5.00 $20.00 $10.00 $11.00
DECLARATION OF PRIVATE JOINT ACCESS EASEMENT AND
MAINTENANCE AGREEMENT
RECITALS:
Sun Trust Land Company, LLC (SUNTRUST) ,is the owner of the following described real
property located in the SW 1/4 of Section 34 located in Township 17 South, Range 2
West and the NW 1/4 of Section 3 & NE 1/4 of Section 4 located in Township 18 South,
Range 2 West of the Willamette Meridian. The legal description of said real property is
sh'own on attached Exhibit "A". '
The owner is subdividing said real property into 130 lots as shown on MOUNTAINGATE
WEST recorded 9 fi/ov. , 2006, Document No. 2006-
808 /,7 ,Lane County Deeds and Records, located in Lane County, Oregon.
, This easement is being created to satisfy,a condition of approval (by City of Springfield)
and impacts Lots 25 through 28 of said MOUNTAINGATE WEST.
DECLARATION OF EASEMENT:
1, Easement Created. SUNTRUST hereby creates a perpetual easement as
described in attached Exhibit "B" for the mutual exclusive use of said Lots 24
through 28 and 62.
2. Purpose. The easement is created to allow access, ingress and egress, and
'driveway purposes for said Lots '24 through 28 and 62. The easement may also
act a,s an emergency vehicle access together with the right \0 enter upon the
above,described premises for related services.
3. Use of Burdened Property. The owners or occupiers of the properties affected
by the easement shall have the right to use their property, including ,the area
described as the easement, forany,purpose as long as the owners or occupiers
do not ,interfere with the use of the' easement as granted by this instrument.
, " I '
4, Maintenance and Repairs. The cos~ of any maintenance or repa'ir of the area '
within the easement shall be apportioned between the owners of said Lots 24
through,28 and 62, equally proportionate to each party's use of the easement. In
theinsta'nce where Lot 62 chooses 'not to take access via said easement,'Lot62
. -.' - - . I -. .
shall be released from the maintenance thereof.
,
After recording return to: SunTrust Land Company, ~LC, 780 NW York Drive Suite 204, Bend, OR 97701
, ' , ' ,I
Access Easement and Maintenance Agreement - Page 1
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5. Successors in Interest. The provisions of this instrument touch and
concern, and relate to the use of saki Lots 24 through 28 and 62, and are
intended to be covenants and restrictions running with the land.
I
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I
All provisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioned tracts.
I
Dated this Z~Rday of _ ~?eZ- ,: 2006.
-~ ~
""'M~oViCh, Member
Sun Trust Land Company, LLC
STATE OF OREGON )
) ss.
County of Lane )
On r-::ry-O/).c? - Z~ ,2006; before me, personally appeared Mark
Vukanovich acting in his capacity of Member, SunTrust Land Company, LLC, known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that by his signature he
has executed the instrument as his voluntary act-and deed.
"
. OFF'ICtAL SEAL
LLOYDL. TOLBERT
..,: - ) NOTARY PUBLIC - OREGON
';~'COMMISSION NO. ;1(15406
MY COMMissiON EXpIRES'J~_NE 4;2010
Access Easement and Maintenance 19reement ~ Page 2
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"EXHII$IT A"
Beginning at a 5/8 inch rebar with a yellow plastic' 1.0. cap stamped "Branch Eng Inc" located at
the most westerly northwest corner of Lot 54, Moyntaingate, recorded May 10, 2005, Document
No. 2005-33764, 'Lane County Oregon Deeds and Records; thence North 88'07'50" West 826.18
feet; thence South 01'40'40" West 730.64 feet; thence North 89'13'27" West .14.45 feet; thence
South 52'05'49" East 24.58 feet; thence South 37'54'12" West 300.00 feet; thence North
52'05'49" West 150.00 feet; thence North 37'54'17" East 205.05 feet; thence North 89'13'27"
West 128.29 feet to a brass cap marking the northwest corner of Section 3, Township 18 South,
Range 2 West of the Willametle Meridian; thence: continuing North 89'13'27" West 261.45 feet;
thence South 01 '31 '18" West 688.66 feet, to the northerly right of way of Weyerhaeuser's private
roadway; thence along said northerly right of way the following five (5) courses and distances:
thence along the arc of.a 745.71 foot radius curve right (the chord of which bears South
40'50'12" East 83.78 feet) a distance of 83.83 feet; thence South 37'36.'59" East 97.9.83 feet;
thence along the arc of a 542.57 foot radius curve left (the chord of which bears South 52'41 '29"
East 282.23 feet) a distance of 285.51 feet; then4e South 67'45'59" East 192.07 feet; and thence
along the arc of a 602.57 foot radius curve right (the chord of which bears South 52'07'55" East
324.78 feet) a distance of 328.85 feet; thence leaving said northerly right of way; bearing North
52'53'06" East 14.48 feet; thence along the arc of a 280.00 foot radius curve left (the chord of
which bears North 78'53'10" East 503.32'feet) a distance of 625.52 feet; thence No.rth 14'53'14"
East 87 :89 feet; thence along the arc of a 430.00' foot radius curve left (the chord of which bears
North 13'18'31" East 23.69 feet) a distance of 23.69 feet; thence South 29'58'27" East 22.09
feet; thence South 75'06'46" East 58.86 feet; thence along the arc of a 325.00 foot radius curve
right (the chord of which bears South 71'52'34" .East 36.70 feet) a distance of 36.72 feet; thence
North 21 '21 '38" East 110.00 feet; thence North qO'29'45" East)'6,5.70 feet; thence North
41 '00'26" West 112.74 feet; thence North 14037'42" West 83.91 feet; thence North 08'35'16"
/.
West 74.63 feet; thence North 04'59'22" West 76.49 feet; tlience North 05'02'04" East 77.27
feet; thence North 79'55'40" West 130.00 feet; thence al6ng the arc' of a 570.00 foot"radius curve
right (the chord of which bears North 11 '22'46" EasJ26.01 feet) a distance of 26.01 feet; thence
South 79'55'40 East 130.15 feet; thence North 1'4~02'21" East 173.21 feet; thence North
75'57'39" West 130.00 feet; thence North 14'02:21" East 26.00 feet; thence South 75"57'39"
East 130.00'feet;thence North 14'02'21" East 90.00 feet; thence South 75'57'39" East 180.00
feet; thence North 14'02'21" East 206.00 feet; thence South 75'57'39" East 22.15 feet; thence
North 36'39'21" East 716.22 feet, to the southwest corner of Lot 108 of Mountaingate First
Addition recorded April 3, 2006, Document No. 2006-022556, Lane County Oregon Deeds and
Records; thence along the southerly boundary cifsaid Mountaingate First Addition North
03'09'30" East 72.43 feet; and North 87'08'24" West 547.98 feet, returning to the southwesterly
boundary of above-mentioned Mountaingate; th~nce along said southwesterly boundary of
Mountaingate the following seven (7) courses arid distances: North 48003'28" West 176.97 feet;
thence along the arc of a 80.00 foot radius curve right (the chord. of which bears North 13035'04"
East 39.13 feet) a distance of 39.53 feet; thence' North 62'15'41" West 60.00 feet; thence North
42047'48" West 204.72 feet; thence North 61 '25:21" West.101.56 feet; thence North 58'23'5,7"
West 308.47 feet; thence North 01 '36'03" East 161.66 feetto the point of beginning, all in Lane
County, Oregon.
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Access Easement and Maintenance tgreement - Page 3
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"EXHIBIT Bn
Legal Description for ~
Access Easement
Beginning at the northeast corner of Lot 24, MOU:NT AINGA TE WEST, Recorded 9' HOt/. b6,
Document No. 2c.t)6 - 6'08/7 , Lane County Oregon Deeds and Records; thence
along the easterly boundarY of said Lot 24 and it~ southerly extension the following four (4)
courses and distances; South 08052'10" West 11,90 feet; thence along the arc of a 25.00 foot
radius curve right (the chord of which bears South 26048'45" West 15.40 feet) a distance of 15.66
feet; thence South 44045'18" West 66.40 feet; and along the arc of a 113.00 foot radius curve left
(the chord of which bears South 26"48'45" West 69.62 feet) a distance of 70.77 feet; thence
South 08052'10" West 126.41 feet; thence along the arc of a 25.00 foot radius curve right (the
chord of which bears South 53"52'10" West 35.36 feet) a distance of 39.27 feet; thence North
81"07'50" West 10.00 feet; thence South 08052'10" West 24.00 feet; thence South 81"07'50" East
1 0.00 feet; thence along the arc of a 25.00 foot radius curve right (the chord of which bears South
36"07'50" East 35.36 feet) a distance of 39.27 feet; thence South 08052'10" West 42.30 feet;
thence along the arc of a 251.00 foot radius curve left (the chord of which bears South 06"30'16"
West 20.72 feet) a distance of 20.72 feet to the southerly boundarY of Lot 27 of said
MOUNT AINGA TE WEST; thence along the southeriy boundarY of said Lot 24 and its easterly
extension South 81007'50" East 26.10 feet towekterly boundarY of Lot 66 of said
MOUNT AINGA TE WEST; thence lot the westerly boundaries of Lots 66, 65 and 62 of said
MOUNT AINGA TE WEST the following six (6) courses and distances: along the arc of a 225.00
foot radius curve right (the chord of which bears North 06"13'49" East 20.72 feet) a distance of
20.73 feet; thence North 08"52'10" East 242.71 feet: thence along the arc of a 87.00 foot radius
curve right (the chord of which bears North 26"48'44" East 53.60 feet) a distance of 54.49 feet;
thence North 45"14'18" East 66.40 feet; thence along the arc of a 51.00.foot radius curve left (the
chord of which bears N'orth 26"48'44" East 31.42 feet) a distance of 3{94 feet; and North
08"52'10" East 11.48 feet to the southerly margin of Grayston'e Loop, being 25.00 feet from,
when measured at right angle to, the centerline of said Graystone Loop; thence along said
southerly margin along the arc of a 200.00 foot radius curve left (the chord of which bears North
79"16'01" West 13.01 feet) a distance of 13,01 feet; and North 81 "07'50 West 13.00 feet to the
point of beginning, all in Lane'Couniy, Oregon. '
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Access Easement and Maintenance Agreement - Page 4
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Division of Chief De~ Cle~k
Lane Counly Deeds and Reco~ds
2~~6.~~~~22
1111111111111111111111111111111111111111111\ 111I1 $46,00
00859018200600808220040044 11/0912006 09: 11 : 25 An
RPR-ESMT Cnl=2 Sln=1 CASHIER 02
$5.00'$20.00 $10.00 $11.00
I
DECLARATION OF PRIVATE JOINT ACCESS/UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
I
SunTrust Land Company, LLC (SUNTRUST) is the owner of the following described real
property located in the SW 1/4 of Section 34 located in Township 17 South, Range 2
West and the NW 1/4 of Section 3 & NE 1/4 'of Section 4 located in Township 18 South,
Range 2 West of the Willamette Meridian. The legal description of said real property is
shown on attached Exhibit "A".'
,
The owner is subdividing said real property into 130 lots as shown on MOUNTAINGATE
WEST recorded 9 AOV. i, 2006, Document No; 2006- .
808/7, Lane County Deeds and Records, located in Lane County, Oregon.
This easement is being created to.satisfy a tondition of approval (by City of Springfield)
and impacts Lots 65 and 66 of said MOUNTAINGATE WEST. .
DECLARATION OF EASEMENT:
1, Easement Created. SUNTRUST he'reby creates a perpetual easement as
. described in attached, Exhibit "B" for'the mutual exclusive use of said Lots 65 and
66.
2. Purpose. The easement is created to.allow access, ingress and egress, and
driveway purposes for said Lots 65 ~nd 66. The easement may also be used by
the aforementioned parcels for the irstallation, construction, ,inspection,
maintenance, repair, reconstruction: and replacement of private utilities and
facilities, such as storm drainage, wastewater, electric facilities and CATV as
. long as such use does notinterfere :with ingress/egress access. .
3: Use of Burdened Property. The owners or occupiers of the properties affected
by tlieeasement shall have the right to use their property, inCluding the area
describjld as the easement, for any purpose as long as.theowners or occupiers
do not interfere with the use of the easement as granted by this instrument.
. ,
4. Maintenance and Repairs. The co~t of any maintenance or repair ~f the area
within the easement shall be appo~ioned between the owners of said Lots 65
an'd 66, proportionate to ~ach partyjs use of the easement. '
5. Successors in Interest.. The provisions of this instrument touch and
concern, and relate to. the use of did Lots 65 and 66, and are intended to be
covenants and restrictions running with the land. .
. . . . . '. . I
Aller recording return to: SunTrust Land Company, LLC, 780 NW York Drive Suite 204, Bend, OR 97701
. . . . I
Access Easement and Maintenance IAgreement - Page 1
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All provisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatives of all
parties who own any of the aforementioned tracts. '
Dated this ~ day of t!!X::fO'i)~ , 2006.
--=--
"Ma1KVukanovich, Member
SunTrust.Land Company, LLC
--------
, i
STATE OF OREGON )
) ss.
County ofLane )
On f)c~l;fi::.fC l.S ,2006, before me, personally appeared Mark
Vukanovich acting in his capacity of Member, SunTrust Land Company, LLC, known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subsc"ribed to the within instrument and acknowledged to me that by his signature he
has executed the instrument as his voluntary act and deed.
e' OFFICIAL SEAL
[. .' . ; . LLOYD L. TOLBERT
\.... .,./' NOTARY PUBLIC - OREGON.
"',, COMMISSION NO. 405406
, MY COMMISSION EXPIRES JUNE 4, 2010
Access Easement and Maintenance Agreement - Page 2
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"EXHIBIT A"
Beginning at a 5/8 inch rebar with a yellow plastic I.D. cap stamped "Branch Eng Inc" located at
the most westerly 'northwest corner of Lot 54, Mountaingate, recorded May 1'0, 2005, Document
No, 2005-33764, Lane County Oregon Deeds and Records; thence North 88'07'50" West 826.18
feet; thence South 01 '40'40" West 730.64 feet; thence North 89'13'27" West 14.45 feet; thence
South 52'05'49" East 24.58 feet; thence South 37'54'12" West 300.00 feet; thence North
52'05'49" West 150.00 feet; thence North 37'54'17" East 205.05 feet; thence North 89'13'27"
West 128.29 feet to a brass cap marking the northwest corner of Section 3, Township 18 South,
Range 2 West of the Willamette Meridian; thence continuing North 89'13'27' West 261.45 feet;
thence South 01 '31 '18" West 688.66 feet, to the northerly right of way of W~yerhaeuser's private
roadway; thence along said northerly right of way the following five (5) courses and distances:
thence along th'e arc of a 745.71 foot radius curve.right (the chord of which Dears'South
40'50'12" East 83.78 feet) a distance of 83,83 feet; thence South 37'36'59" East 979.83 feet;
thence along the arc of a 542.57 foot radius curve left (the chord of which bears South 52'41 '29"
East 282.23 feet) a distance of 285.51 feet; thence South 67'45'59" East 192.07 feet; and thence
along the arc of a 602.57 foot radius curve right (the chord of iNhich bears South 52',07'55" East
324.78 feet) a distance of 328.85 feet; thence leaving said northerly right ofl"ay; bearing North
52'53'06" East 14.48 feet; thence along the arc of a 280.00 foot radius curve left (the chord of
which bears North 78'53'10" East 503.32 feet) a distance of 625.52 feet; thence North 14'53'14"
East 87.89 feet; thence along the arc of a 43,0.00 foot radius curve left (the thord of which bears'
North 13'18'31" East 23.69 feet) a distance of 23.69 feet; thence South 29'58'27" East 22.09
feet; thence South 75'06'46" East 58.86 feet; thence along the arc of a 325.,00 foot radius curve
right (the chord of which bears South 71'52'34" East 36.70 feet) a distance of 36.72 feet; thence
North 21 '21 '38" East 110.00 feet; thence North 00?29'45" East 165.70 feet; thence North
41'00'26~ West 112.74 feet; thence North 14'37'42" West 83.91 feet; thence North 08'35'16"
West74.63 feet; thence North 04'59'22" West 76.49 feet; thence North 05'02'04" East 77.27
feet; thence North 79'55'40" West 130.00 feet; thence along the arc of a 570:00 foot radius curve
right (the chord of which bears North 11 '22'46" East 26.01 feet) a distance of 26.01. feet; thence
South 79'55'4,0 East 13,0.15 feet; thence North 14'02'21" East 173.21 feet; thence North
75'57'39" West 13,0,,0,0 feet; thence North 14"02'21" East 26.0,0 feet; thence South 75'57'39"
East 130.00 feet; thence North 14'02'21" East 90.00 feet; thence South 75',57'39" .East 180.00
feet; thence North 14 '02'21" East 206.00 feet; thence South 75'57'39" East 22.15 feet; thence
North 36'39'21" East 716.22 feet, to the southwest corner of Lot 108 of Mountaingate First
Addition recorded April 3, 2006, Document No. 2,0,06-,022556, Lane County ,Oregon Deeds and
Records; thence along the southerly boundary of said Mountaingate,First Addition North
,03'09'30" East 72.43 feet; and North 87'08'24" West 547.98 feet, returning ,to the southwesterly
boundary of above-mentioned Mountaingate; thence along said southwesterly boundary of
Mountaingate the following seven (7) courses and distances: North 48'03'28" West 176.97 feet;
thence along the arc of a 80.00 foot radius curve right (the chord of.which b~ars North 13'35'04"
East 39.13 feet) a distance of 39.53 feet; thence North 62'15'41" We'st 60.00 feet; thence North
42'47'48" West 204.72 feet; thence North 61 '25'21" West 101.56 feet; thence North 58'23'57'
West 308.47 feet; thence North 01 '36'03" East 161.66 feet 'to the point of be ginning, all in Lane
County, Oregon. '
Access Easement and Maintenance Agreement - Page 3
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"EXHIBIT B"
i
Legal Description for 26.0 foot Access Easement
Beginning at the southeast corner of Lot 64, MOUNTAINGATE WEST, Recorded Y /1/01/. '06' ,
Document No. /,..,06- 808/7 , Lane County Oregon Deeds and Records; thence
along the southerly boundary of said Lot 64 and its westerly extension North 86'41'40" West
135.00 feet; thence South 03'18'20" West 26.00 feet; thence along the northerly boundary of Lot
67 of said MOUNTAINGATE WEST and its westerly extension South 86'41'40" East 135.00 feet
to the westerly margin of Graystone Loop, being 25.00 feet from, when measured at right angle
to, the centerline of said Graystone Loop; thence along said westerly margin North 03'18'20"
West 26.00 feet to the point of beginning, all in Lane County, Oregon.
Access Easement and Maintenance Agreement - Page 4
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Division of C"'f Deputy Clerk
Lane County Deeds and Records
2~~D.~8~823
$106.00
Mter Recording Return To:
SunTrust Land Company, LLC
780 NW York Drive, Suite 204
Bend, Oregon 97701
1111111111111111111111111111111111111111111111111
00859019200600808230170178
. 11/09/200609:11:25 AM
RPR-REST Cnt=1 Stn=1 CASHIER 02
$85.00 $10.00 $11.00
SUPPLEMENTAL
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
MOUNTAIN GATE WEST AND ANNEXATION TO
MOUNTAIN GATE SUBDIVISION
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS,
. . '
RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST
AND ANNEXATION TO MOUNTAINGATE SUBDIVISION
("Supplementary Declaration") is mad~ by MountainGate Development LLC ("Original
Declarant") and SunTrust Land Company LLC ("Declarant").
RECITALS AND OBJECTIVES
A. Declarant is the owner of all the real property and improvements thereon located in
Lane County, Oregon, described as: Lots 1-130 and Tracts A, B, CandD, inclusive and
shown on the final plat map of MOuNTAINGATE WEST as platted;and recorded on
<1 A/(lt/ 2006, in the Plat Records of Lane County, Oregon, and assigned .
Recorder's Nurriber 2006- 808/7 in the OffiCial Records ofLan6 County, State of
Oregon ("MOUNTAING~TE WEST") . .
B. MOUNTAINGATE WEST is part of.a larger 338-acre area,known as
"MountainGate, A Proposed Residential Development" which received Master Plan
Approval from the City of Springfield, dated May 13, 1998 (Spr. Journal No. 95-02-39). .
. ,~_ I
the notice of which was recorded April 19,1999 at Reel 2540, Instrument No. 99035359,
inLane County OFFICIAL Records ("the Master Plan Property").
C. The final plat for MOU1~T AINGATE SUBDIVISION was recorded on May 10, 2005 .
in Lane County Deeds and Records at Recorder's Reception No. 2005-033764. The plat
contained 71 lots and the owner and declarant of MOUNTAINGATE SUBDIVISION
.. '. I
("MOUNT AINGA TE") was MountainGate Development, LLC ("Original Declarant")
The OriginalDeclarant recorded a "DECLARATION OF COVENANTS, .
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE
,'.' . I
SUBDIVISION".on May 10;2005 m Lane County Deeds and Records at Recorder's
Reception No. 2005-033770 ("the CC&Rs':). !'
i
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D. The Original DeClaiant,' in theCC&Rs, created a nonprofit corporation, The
MountainGate Homeowners Association ("the Association"), whose members are all the
owners of Lots within MOUNTAIN GATE. .
,
E. By adoption of this Supplementary Declaration it is the intent of Declarant and the
Page I of 17
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OrilPnal Declarant to annex MOUNT AINGA TE WEST to MOUNTAINGA TE and to
adopt the terms and provisions of the CC&R' s "
It is the intent of the Declarant and the Original Declarant to include :future owners of
Lots described and depicted on the plat of MOUNTAINGATE WEST (WEST
OWNERS") as full and equal members of the Association, prior to ~over as hereafter
described, for the purpose of assessments and the enforcement of use and other "
restrictions set forth in the CC&Rs. It is their further intent that the WEST Owners will
become full voting members of the Association after turnover, provided however, that for
purposes of review aI)d approval of house and other improvement plans, the Declarant
and, after turnover occUrs, a committee or association of WEST Owners, shall act and
function as the Architectural Review Committee as described in ArtiCle 6 herein.
i
NOW THEREFORE, Declarant and the Original Declarant declare that
MOUNTAIN GATE WEST shall be held, transferred, sold, conveyed, and occupied
subject to the Oregon Planned Community Act as may be amended from time to time
(ORS 94.550-94.783) and further subject to CC&Rs ofMOUNTAIN:GATE except as
modified herein which shall run with the land, which shail be binding on all parties
having or acquiring any right, title, or interest in MOUNTAINGATE; WEST or any part
thereof, and which shall inure to the benefit of the Association and of each Owner.
ARTICLE 1
DEFINITIONS
The terms and provisions of ARTICLE 1 of the CC&Rs are hereby adopted and
incorporated herein except for and with the following changes, ametidments "and
additions:
1. Lot shall mean a platted lot within MOUNTAINGATE WEST. Except as may
hereafter be stated or distinguished in this Supplementary Declaration, all of the terms
defined in Article 1 of the CC&Rs shall mean, refer to and include all the platted lots "and
Owners thereoflocated within MOUNTAINGATE WEST.
2" All references herein to the "Architectural Review Committee" or:"ARC" shall mean
and refer to the Declarant or any committee created by the Declarant'until turnover, as
described hereafter, should occur.
ARTICLE 2
PROPERTY SUBJECT TO TillS DECLARATION
The terms and provisions of ARTICLE 2 of the CC&Rs are hereby adopted and
Page 2 of 17
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Incorporated herein except for and with the following changes:
1. MOUNTAINGATE WEST. Declarant and the Original Declarant hereby declare
that MOUNT AINGA TE WEST shall be held, transferred, sold conveyed, encumbered
and occupied subject to this Supplementary Declaration and is more particularly
described as follows:
MountainGate West as platted and recorded ,2006, in the Plat Records of Lane
County, State of Oregon and assigned Recorder's Number 2006- in the Official
Records of La~e County, State of Oregon and located in the City of Springfield, County of
Lane, State of Oregon ("MOUNTAINGATE WESr')
ARTICLE 3
OWNERSHIP AND EASEMENTS
The terms andprovisions of ARTICLE 3 of the CC&Rs are hereby ~dopted and
incorporated herein except for and with the following additions. I
Private Conservation Easements. Conservation easements have been established on the
Plat of Mountain Gate and are located upon portions of Lots 7-19, 78c84, and 116-127.
The Conservation Easements on lots 124-127 will overlap the 20 foot Private Utility
Easement and allow for initial installation of the utilities and future maintenance. The
initial installation shall be done with least impact constniction practices and in a manner
., .
that reduces the number of trees impacted. The project engineer and forester shall
. , .
observe the installation and field locate service stubs to each lot that :reduce impact to
trees. Surface structures, perimeter drains or other private storm. water protections may
be deerried necessary by the geo-tech during building permit reView land shall only be
located with "least impact construction" withfu. the easement as approved by the City.
These easements have been established to preserve the natural vegetation and character of
the northern ridgeline boundary of the development primarily to protect viewsheds from
lower elevations towards the northern boundary o(MountainGate. No structures,
including decks, porches, eaves; etc. shall be located within these areas except fences.
Retaining strtlctures required to maintain the stability of a dwelling on a lot or to prevent
soil movement 'may be allowed if recommended by a geotechnical engineer or structural
engineer iicensed in the State of Oregon and if specifically approved' by the Springfield
Development Services Department. Any such structure shall be designed to intrude the
least amount possible into the Conservation Easement area and to approximatenatunil
grades and maintain natural yegetation. No native vegetation maybe removed from
within these '!feas except as necessary to meet fuel break standards for fire protection and
diseased or danger trees as determined by.a professional forester, arb6rist or 'other
certified landscape professional ("landscape professional") and approved by the City.
Diseased and danger trees to be rerrioved shall be shown on the initial building permit
application submittal to the City, with a landscape professional's written opinion
identifying the nature of the hazard or inust otherwise be authorized for removal through
Page 3 of 17
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an independent tree felling permit issued by the City. Trees and understory may be
thinned and pruned to enhance their health and appearance and to meet fire protection
standards. Nonnative vegetation including blackberries, scotch broom and ivy may be
removed. The use of herbicides within the Conservation Easement is limited to
application to individual nonnative plants. Broadcast application is strictly prohibited.
Use of heavy equipment within the easement area is limited to the minimum necessaIy
for permitted tree removal or utility maintenance and repair. Fencing is allowed within
the Conservation Easement provided that it is not a solid fence such as wood or block but
consists of wrought iron or oiher open fencing materials as approved by the Architectural
Control Committee. The fence shall be non-reflective and colored to blend in with the
natural landscape. Black is preferred; white, yellow, red, blue and other bright coloring is
prohibited. Fencing located within the Conservation Easement shall be installed such that
it does not impact healthy native trees that have a diameter at breast height (DBH) of five
inches or greater. This may be accomplished by offsetting sections of fencing at right
angles to include or exclude trees from fenced-in yards: Fence posts shall be placed at
least three feet from" the tree at breast height and shall be placed to minimize root
damage. Fencing shall not be attached to trees. Maintenance and repair of utilities and
access for such purPoses within the Conservation Easementis allowed provided that care
is taken to prevent damage to trees.
Private Vegetation Easements.
Private Vegetation Easements have been established on the Plat of MountainGate along
rear lot lines and are located upon portions of Lots 20-28, 72 and i!-" The goal within the
easement areas is primarily to retain or create an internal buffer of trees along intemal
property boundaries. This maybe achieved by pruning imd shaping existing, healthy
trees; by thinning younger existing trees to encourage growth into healthy, properly
spaced mature trees or by planting new trees. Mature maple trees with broken tops may
be removed if replaced by an acceptable replacement tree. OtherWise, the trees shall be
pruned and shaped to improve their health and appearance. Diseased, deformed or danger
trees as determined by a professional forester or arborist should be r~moved. Grading
may occur within the easements as necessary to establish a dwelling or retaining walls,
provided that where native trees are removed they are replaced by acceptable replacement
trees at a maximum spacing of thirty feet as shown on a replanting plan submitted With "
building or LDAP permits and approved by the City. Removal of more than five trees
" "
greater than five inches in diameter at breast height shall require a Tree Felling Permit in
accordance with Article 38 of the Springfield Development Code. No structures shall be
located within these areas except fences and retaining stfuctures that ,are required for
foundation or soil stability. The design and 'placement of any retaining structures
recommended by a geoteclmical engineer or structural engineer shall be placed to
minimize intrusion as determined by the City and included with the initial building
permit application submittal to the City. !
Page 4 of 17
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ARTICLE 4
LOTS AND HOMES
The tenus and provisions of ARTICLE 4 of the CC&Rs are hereby adopted and
incorporated herein except for and with the following additions: '
Views
,
Structure, lighting, landscape designs and locations on Lots and COrrlmon Area property
must take into consideration the .preservation of natural site features and not unreasonablv
restrict or impact the views of neighboring homesites: It is not inteniied that a view will
remain without some alteration in appearance over time, but it is expected that all
reasonable efforts will be made to minimize .the impact on a view fr~m neighboring Lots
and Common Areas within the Property: Pre-existing trees. -- which 'were not planted
concurrent with or following the construction of the initial residential unit -- on the
Respondent's Lot, and those existing on,Common Areas. are exempt ,from such review.
and will not be considered an impairment of views. All conditions are subjectto any
governmental regulations or any conditions of approval placed on the development by the
local governmental authorities.
(a) Enforcement Procedures
In.the event an Owner (Aggrieved Owner) determines thatthe view from
such Owner's Lot is unreasonably obstructed, the Aggneved Owner shall
ilOtifY the other Owner (Respondent) that a view impalrment issue has
. , . (
occurred. The Respondent shall have a reasonable period, but not more
than sixty (60) days following receipt of such notice, ~o correct the
condition or appeal the notice to the board. The Board may extend the
period allowed for correction due to' weatherconditiol).S or requirements of
. a governmental review process. Either the AggrievediOwner or the
Respondent may apply to"the Board of Directors (Board) of the
Association for either a formal hearing or a request for a determination
without a formal hearing by the Board. The Board shall issue its findings
within thirty (30)daysfollowing the receipt of such request, unless written
notice is given to both parties by the Board extending the review period
'[or not more than an additional thirty (30) days due to : circumstances of
. i .
.the.reviewprocess. ,
In rendering its decision, the Board of Directors may, in its sole discretion,
direct by written notice to. both parties that (a) no action be taken, or (b)
that the obstruction be partially or completely removed or otherwise
. .' . ! .
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mo.dified. If the Respo.ndent fails to. co.mply with the I directive, the Bo.ard
o.f Directo.rs shall have, in additio.n to. any ather rights o.r remedies
provided in this Declaratio.n, at law, o.r in equity, the rights described in
ORS 94.777, including the right o.fthe Asso.ciatio.n to'take co.rrective
actio.n at the expense o.f the appropriate Owner. The review by the Bo.ard
o.fDirecto.rs described in this Sectio.n shall bean Owner's sale and
exclusive remedy in connectio.n with an alleged o.bstrUctio.n o.r impairment
o.f view by trees, ather v~getatio.n, lighting and structUres. The
determinatio.n o.fthe Bo.ard o.fDirecto.rs in co.nnectio.n with such matters
shall be final and binding an the Owners in questio.n. : If the Respondent is
the Associatio.n, as Owner o.f a Co.mmo.n Area tract, the Bo.ard will fo.llo.w
the same procedures, and act in an impartial manner with respect to. their
decisio.n.
Maintenance and Easements o.fRear Slo.pes
The rear slo.pes o.flo.ts 40,41,45,46,50-52,54,56-61 that abut Tract "A" and the rear slo.pes
. . I
o.flo.ts 88-97 that abut Tract "B" and the rear slo.pes o.flo.ts 98-101 that abut Tract"C"
shall have a private blanket easement along the slo.pes which runs fr9m the tap o.f the
slape to. the to.e o.fthe slape an said Io.ts far the benefit o.fthe Ho.meo.~ers Asso.ciatio.n to.
maintain/access said slo.pes. No. disturbance will be allo.wed to. the grade o.f said slo.pes
besides standard HOA approved maintenance and plantings. The intent o.fthe
Ho.meo.wners Asso.ciatio.n maintaining said slo.pes is to. have a co.nsis~erit style o.f
landscaping and view preservatio.n. The slo.pes are to. feel as tho.ugh they are o.ne and
co.mplementary to. the tracts they abut. Any landscaping, mo.vement cif dirt, placements
o.f retainii::tg walls, fencing o.r any ather structures are fo.rbidden witho.ut the prio.r written
appro.val o.fthe ARC.
Lo.ts 62. 65. 66 and 69
These lo.ts will require a 10' fo.o.t setback adjacent to. the private drive to. protect driveway
stability. Setbacks may be reduced to. 5'. feet with a Geo.technical repo.rt addressing the
structural stability o.fthe private driveway.
ARTICLE 5
DEVELOPMENT PLAN FOR MOUNTAINGATE SuBDIVISION
The terms and provisio.ns o.f ARTICLE 5 o.fthe CC&Rs are hereby replaced and
. superceded in their entirety by the fo.llo.wing: .. . I
INTRODUCTION
Mo.untainGate West, which was appro.v~d by the City o.fSpringfield as Phase 4A, B & C
o.f the Master Plan Pro.perty, co.nsists o.f 129 lo.ts that have been approved as a residential
Page 6 o.f 17
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subdivision under the provisions of MountainGate Master Plan Approval (City File 95-
02-003 9) and Springfield Development Code (SDC) standards contained in SDC Article
35 Subdivisions, SDC Article 38 Tree Felling, and SDC Article 26 Hillside
Development. This .document satisfies the requirements of the Hillside Development and
Master Plan approvals for a comprehensive "Hillside Development Plan" for the
subdivision to guide the construction of dwellings on the individual lots. This plan
incorporates the referenced reports required by the Hillside Development article and the
City of Springfield, Developer, and future owners will use the approved Hillside
Development Plan to assure that the tree felling, grading, construction, and future use will
conform to subdivision conditions and provisions of the Master Plan requiring the
protection of trees, drainages, and slopes.
The Hillside Development Plan includes a lot-by-Iot description of conditions that will
affect the design and location of structures and driveways, including special foundation
requirements on some lots. Individual plot plans will be attached to the initial conveyance
deed. The plan also includes general guidelines for the entire subdivision contained in
required reports and final plans, including a Tree Preservation Plan and Fire Protection
Plan. The structure of the remainder of this document is as follows:
The Development Plan is on file with the City and consists of the following components:
. Development Plan Map (Scale I" = 100')
. Tree Preservation Plan
. Fire Protection Plan
. Geotechnical Requirements
. Grading, Slopes, and Drainage Guidelines
TREE PRESERVATION PLAN
The purpose of this plan is to summarize and implement measures adopted to maintain
the aesthetic and erosion control value of trees and native vegetation within
MountainGateWest as established by the approved tree felling permit, the final forester's
report, Hillside Development Plan, and relevant Springfield City Code standards.
Tree Remova/- GeneraL Springfield Development Code requires that a tree felling
permit be obtained for the removal of more than five trees greater than five inches in
diameter. Within this phase of MountainGate a tree felling permit is not required for the
initial removal of trees from a lot that is required to construct the dwelling, driveway or
grading necessary io place the dwelling and driveway. For other portions ot-the lot a City
tree felling permit is required for the removal of more than five trees that are greater than
five inches in diameter. Additional restrictions for tree removal exist .within Conservation
Easements and Vegetation Easements as described below.
Page 7 of 17
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Private Conservation Easements. Conservation easements have been established on the
Plat of MountainGate and are located upon portions of Lots 7-19, 78-84, and 116-127.
The Conservation Easements on lots 124-127 will overlap the 20 foot Private Utility
Easement and allow for initial installation of the utilities and future maintenance. The
initial installation' shall be done with least impact construction practices and in a manner
that reduces the number of trees impacted. The project engineer and forester shall
observe the installation and field locate service stubs to each lot that reduce impact to
trees. Surface structures, perimeter drains or other private storm water protections may
be deemed necessary by the geo-tech during building permit review and shall only be
located with "least impact construction" within the easement as approved by the City.
These easements have been established to preserve the natural vegetation and character of
the northern ridgeline boundary of the development primarily to protect viewsheds from
lower elevations towards the northern boundary of Mountain Gate. No structures,
including decks, porches, eaves, etc. shall be located within these areas except fences.
Retaining structures required to maintain the stability of a dwelling on a lot or to prevent
soil movement may be allowed if recommended by a geotechnical engineer or structural
engineer licensed in the State of Oregon and if specifically approved by the Springfield
Development Services Department. Any such structure shall be designed to intrude the
, ,
least amount possible into the Conservation Easement area and to approximate natural
grades and maintain natural vegetation, No native vegetation may be removed from
within these areas except as necessary to meet fuel break standards for fire protection and
diseased or danger trees as determined by a professional forester, arborist or other
certified landscape professional ("landscape professional") and approved by the City.
Diseased and danger trees to be removed shall be shown on the initial building permit
application submittal to the City, with a landscape professional's written opinion
identifying the nature of the hazard or must otherwise be authorized for removal through
an independent tree felling permit issued by the City. Trees and understory may be
thinned and pruned to enhance their health and appearance and to meet fire protection
standards. Nonnative vegetation including blackberries, scotch broom and ivy may be
removed. The use of herbicides within the Conservation Easement is: limited to
application to individual nonnative plants. Broadcast application is strictly prohibited.
Use of heavy equipment within the easement area is limited to the minimum necessary
for permitted tree removal or utility maintenance and repair. Fencing is allowed within
the Conservation Easement provided that it is not a solid fence such as wood or block but
consists of wrought iron or other open fencing materials as approved by the Architectural
Control Committee. The fence shall be nonreflective and colored to blend in with the
natural landscape. Black is preferred; white, yellow, red, blue and other bright coloring is
prohibited. Fencing located within the Conservation Easement shall be installed such that
it does not impact healthy native trees that have a diameter at breast height (DBH) of five
inches or greater. This may be accomplished by offsetting sections of fencing at right
angles to include or exclude trees from fenced-in yards. Fence posts shall be placed at
least threefeet~from the tree ,at breast ,height and shall be placed to minimize root
damage. Fencing shall not be attached to trees. Maintenance and repair of utilities ahd
access for such purposes within the Conservation Easement is allowed provided that care
, is taken to prevent damage to trees. '
Page 8 of17
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Private Vegetation Easements.
I
Private Vegetation Easements have been established on the Plat of MountainGate along
rear lot lines and are located upon portions of Lots 20-28,72 and 77.' The goal within the
easement areas is primarily to retain or create an internal buffer of tryes along internal
property boundaries. This may be achie"ed by pruning and shaping existing, healthy
trees; by thinning younger existing trees to encourage growth into h~althy, properly
spaced matUre trees or by planting new trees. Mature maple trees with broken tops may
be removed if replaced by an acceptable replacement tree. Otherwise, the trees shall be
pruned and shaped to improve their health and appearance. Diseased, deformed or danger
trees as determined by a, professional forester or arborist should be removed. Grading
may occur within the easements as necessary to establish a dwelling or retaining walls,
" I
provided that where native trees are removed they are replaced by acceptable replacement
, ,
trees at a maximum spacing of thirty fed as shown on a replanting plan submitted with
building or LDAP permits and approved by the City.' Removal of more than five trees
greater than five inches in diameter at breast height shall require a T~ee Felling Permit in
acco~dance with Article 38 of the Springfield Development Code. ~o structures shall be
located within these areas except fences 'and retaining structures that ,are required for
foundation or soil stability. The design and placement of any retaining structures
recommended by a geotechnical engineer or structural engineer shall be placed to
minimize intrusion as determined by the City and included with the ipitial building
permit application submittal to the City. '
Street Trees.
DUring the subdivision process certain trees and tree groupings have 'been protected for
potential qualification as street trees that will meet City requirements. There are two
street trees shown on the Development Plan map that are to be, retained as street trees.
"1'
They are located on Lots 48 and 50. These trees shall be protected during house and
driveway construction and preserved as street trees. They may not be removed Unless
determined to be diseased or danger trees bya professional forester or arborist. If
removed they must be replaced by street trees that meet City standar\fs.
Other individual trees, tree clusters and tree groupings located close enough to the street
curb could qmilif'y as street trees if not damaged or removed with hO\lse and driveway
placement. Generally trees within 20 feet of street right-of-way mayqualif'y as street
trees, Groupings of trees even beyond the 20 foot distance may be retained in lieu of City
required street trees along the lot street frontages. Hardwood trees must be located at least
5 feet, and conifers must be 10 feet behind curbside sidewalks. Street trees should be 10
to 20 feet from street lights.' Specific standards regulating the use of existing native trees
. __.. " .. - ,'_' __ - ,.. _',." I . . _.._ .
as street trees are contained in Section 6 of the City of Springfield Design Standards and
Procedures Manmil. ' ,
Each lot owner is required to plant 3 str~et trees prim: to occupahcy per the City of
, Springfield's Design Standards and Proc'edures Manual. The type and size of street
trees must be approved by the ARC. I
Page 9 of 17
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Acceptable Replacement TreesIPlanting Standards.
Trees replaced within the private Conservation Easements as established on the Plat of
MountainGate shall be of a native species specified for hillside development in Section 6
of the City of Springfield Design Standards and Procedures Manual. Trees replaced
within the private Vegetation Easements as established on the Plat of MountainGate may
be selected from the entire list of street trees contained in Section 6 of the City of
Springfield Design Standards and Procedures Manual. Tree planting shall follow the
procedures contained in Section 6 of the Springfield Design Standards and Procedures
Manual. .
Tree Protection During Construction.
During house and driveway construction designated street trees and other trees selected
as native street trees as discussed above under "Street Trees" shall be protected with
construction fencing. Construction fencing shall be placed between Conservation,
Easements and the worksites during construction. Construction fencing shall also be
placed to protect Vegetation Easements thatwill not be altered with house, driveway or
retaining wall construction. Silt fencing may be substituted for standard construction
fencing when located to serve this dual purpose,
FIRE PROTECTION STANDARDS
I
Due to the forested setting of MountainGate, certain fire protection measures are required
to help protect dwellings within a forested environment from the dangers of wildfire and
enforced by the Homeowners Association. MountainGate has been designed and
constructed so that all dwellings will be located in close proximity to ,fire hydrants that
are to be used for fire protection. Unless otherwise approved by the Springfield Fire and
Life Safety Departrnent, dwellings shall be located within fifty (50) feet of the public
street, the private joint use access roads or private driveways constructed to standards that
will accommodate fire fighting apparatus. In addition, landscaping within the lots should
, '
establish fuel breaks around the dwellings that discourage the spreading of wildfire. Fuel
breaks may not extend beyond the boundary of the affected lot unless an easement exists
upon the adjacent property that allows for such use. There are (wo levels of fuel breaks
based upon 'proximity to the dwelling:
"Primary Safety Zone. "
,
The primary safety zone is a firebreak extending a minimUm of 30 feet in all directions
around the dwelling except however that it shall not extend in~o a Conservation Easement
or Vegetation Easement. The goal within the primary safety zone is to exclude fuels that
will produce flame lengths in excess of one foot. Vegetation within the primary safety
zone could include green lawns, low shrubs, individual trees and tree groupings. Where
Page 10 of 17
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continuous canopies exist, trees should generally be spaced with greater than 15 feet
between crowns and pruned to remove dead and low branches.
"Secondary Fuel Break."
The secondary fuel break extends a minimum of 1 00 feet downslope from the primary
safety zone. The goal of the secondary fuel break is to reduce fuels s~ that the overall
intensity of any wildfire would be lessened and the likelihood of crown fires and
crowning is reduced. Vegetation within the secondary fuel break shall be pruned and
spaced so that where continuous canopies exist; fire will not spread from crowns of trees
in the secondary fuel break to crowns of trees in the primary fuel break. Due to the
limited area affected, large healthy trees within the Conservation-Easements should not
be removed for purposes of fire protection. Small trees and brush growing underneath
larger trees should be thinned or pruned to prevent spread of fire up into the crowns of
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the larger trees. Dead fuels that increase fire hazard may be removed.
GEOTECHNICAL REQUIREMENTS
A geotechnical report, titled "Earthwork Summary Letter" and dated July 21, 2006, has
been prepared by Professional Service Industries, and. is attached. It provides specific
recommendation for the use of geotechnical review appropriate for each individual lot
development. An evaluation of the building sites has been conducted by a PSI engineer
during grading operations and the attached report lists the geotechnital investigation
requirements specified for each lot. Specific requirements shall apply to initial grading,
home construction and ongoing slope protections.
In hillside locations the City of Springfield requires a report from a geotechnical engineer
to be submitted with applications for a Land and Drainage Alteration Permit (LDAP). In
Phase 4 of Mountain Gate details within this initial report will vary depending upon
whether the lot requires a Level I or II geotechnical investigation and upon the initial
findings of the engineer.
Within the Level I category (Lots 7-23, 29-34, 40-61, and 74-101), neither extensive
grading nor a site-specific geotechnical investigation is expected for foundation design
prior to construction. However, the engineer should examine background reports,
physically examine the site and review proposed house plans. The initial geotech report
. may consist of a statement that the house plans submitted conform with site conditions
that limit investigation to the standards for the Level I review.
Within the Level II category (Lots 1-6, 24-28, 35-39, 62-73, and 102-129) a site-specific
geotechnical investigation is required for each lot meeting building departrnentstandards.
The results and recommendations are to be included with the buildinglLDAP permit
submittal. The investigation and the report should address Level I concerns such as
unstable ground, soft/wet soil conditions, expansive soils, cuts/fills, and retaining walls,
in addition to any special conditions affecting a particular site.
Page II of 17
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Witlrin both the Level I and II categories'a geotechnical engineer is required to inspect
the site and foundation placement during construction and to issue a final written report
in accordance with PSI standards. '
DRAINAGE
Noninterference of Drainage.
There shall be no interference with the established drainage patterns 6r systems over or
through any lot or common area or any adjacent property unless adequate alternative
provisions are made for proper drainage., The term "established drainage" shall mean the
drainage swales, conduits, inlets, and outlets designed, maintained and constructed for
MountainGate. ' '
Storm water sewer laterals have been required and extended to each lot for conveyance of
roof drains; building foundation drains and private property surface dtainage.
Private Storm Drainage Easement.
A private Storm Drainage Easement is designated on the Plat and'is lo<;ated across
portions of Lots 107' and 108 and within'adjacent offsite easements described in separate
recorded documents. It is a private stormwater easement. Normal routine maintenance of
the Drainage Easement is the responsibility of the owner of the lot upon, which it is
located. No structure, fence, planting, or,other material that may dam,age or interfere with
the installation, operation and maintenance of storm drainage facilities, that may redirect
drmnage to outside the easement, or that may obstruct or retard the flpw of water through
drainage channels in the easement area shall be place or permitted to remain witlrin this
easement area. All ,effort shall be made to avoid allowing any petrole'um-based products
or other hazardoUs or foreign substances from entering or contaminating the area of this
, , ,
, easement. Vegetation shall' not be disturbed except as necessary for landscaping and
maintenance, to reduce fire hazards or to control noxio~s and invasiv,e overgrown
vegetation such as blackberry vines: '
WETLANDS
The entire master plan community ofM!lUntainGate has received approved permits from
USACOE/DSL for fill and mitigation work which are on file with the City of Springfield.
Lots 50 - 51
Page 12 of17
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As of the time of recording the plat for MountainGate West, a delineared wetlands report
identified wetlands on lots 50 and 51. As long as this delineated wetlands report is in
effect, any disturbance of the lots cannot occur within the delineated wetlands unless a
joint DSLIUSACOE permit is obtained. .
Lot Drainaee and Slope Maintenance
The slope areas and improvements on said slopes of any Lot shall be landscaped,
irrigated and maintained in compliance with all of the applicable requirements ofthe
MuniCipal Code for the City of Springfield and the documents of Mountain Gate
Homeowners Association, and in such a manner as to enhance the appearance thereof and
to preserve established slope ratios, prev~nt erosion and facilitate the ;orderly discharge of
water through established drainage systems. The Association shall have the sole and
exclusive authority in all decisions with respect to the maintenance of slope areas. The
Association shall also have the responsibility to maintain any exterio~ slopes adjacent to
private or public street areas, including slopes created or manufactured as a result of
Declarantgradmg operations, incident to the development of the properties, except those
slopes along a side lotline that would ultimately be between two houses. The
Association'shall also have the responsibility to maintain within the properties, all bench
drains, down drains,brow ditches, pipe drains and other facilities of the established
drainage facilities within the property. '
Tracts A and B Drainage
I
Tracts A and B must be maintained in perpetuity in order to allow the natural drainage
flows to continue as approved through the government agencies, including the City of
Springfield, The Army Corp. of Engineers and The Division of State, Lands.
Lot 130 (Future Development)
Lot 130 was specifically approved through the Master Plan approvals as a higher density
site also known as a "cluster" development. The approvals allow up to 10 units per acre
and the Declarant is in the process of obtainiIig atentative subdivisiqn approval for this
cluster development. No buyer oflots ih Mountain Gate West can opject to any proposed
development of Lot 130 or any proposed development of the future South Cluster site.
I
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ARTICLE 6
ARCHITECTURAL AND SITE DEVELOPMENT REVIEW
The terms and provisions of ARTICLE 6 of the CC&Rs are hereby adopted and
incorporated herein except for and with the following changes, provided further that the
!
Page 13 ofl7
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function and authority of the Architectural Review Committee ("the ARC") as it relates
to approval of house and improvement plans and site development shaH be administered
and conducted for Lots within MOUNTAINGATE WEST by the Declarant until such
time that turnover, as hereafter described, occurs: '
1. ARC Prior to Turnover. Prior to turnover, Declarant reserves the right to create a
committee to assist it or any successor Declarant in the performance of the duties,
responsibilities and functions of the ARC as described herein. Declarant further reserves
the right to create rules and regulations for the operation of this committee and further to
allow it to continue to function after turnover has occurred so long as' the original
Declarant or, if turnover has occurred for MOUNTAINGATE, the Association concur in
a written document that shall be recorded as an amendment to this Supplementary
Declaration.
ARTICLE 7
ASSOCIATION
The terms and provisions of ARTICLE 7 are hereby adopted and incorporated herein
except for and with the foHowing changes:
1. By acceptance ofa deed to a lot in MOUNTAINGATE WEST, thf "West Owners"
agrees to become a member of the Association described in Article 7 of the CC&Rs and
to pay assessments in accordance with Article 10.
2. Prior to turnov,er, Declarant may, but is not required to, form a sub-association of the
West Owners to perform any function and assume any duties or responsibilities that are
delegated to it by Declarant so long as such are not in conflict with other provisions of
the CC&Rs or this Supplemental Declaration. The sub-association shall be established by
Declarant's recordation ofa supplemental declaration in accordance with Section 2.2 of
the original CC&Rs described herein. Such sub-association may continue to exist and
function even after turnover has occurred so long as the Original Declarant, or if turnover
has occurred for MOUNTAINGATE, the Association concur as evidenced by
recordation of a document to that effect, except that if either the Original Declarant or the
Association do not concur, then the sub-association shaH cease to fullction and exist and
aH of the West Owners shaH, upon the date of turnover, become voting members of the
Association.
3. If a sub-association of West Owners is created, it can function and operate in
accordance with the authority granted by this Article to the Association, so long as it does
not take action which conflicts with any other provisions of the CC&Rs or this
Supplemental Declaration.
ARTICLE 8
Page 140fl7
.
.
DECLARANT CONTROL
The terms and provisions of ARTICLE 8 oftheCC&Rs are hereby adopted and
incorporated herein except that the provisions therein apply only to the Original
Declarant as to MOUNTAINGATE and to the Declarant for MOUNTAlNGATE WEST.
ARTICLE 9
DECLARANT'S SPECIAL RIGHTS
The terms and provisions of ARTICLE 9 bfthe CC&Rs are hereby adopted and
incorporated herein excepttliat the provisions therein apply only to the Original
Declarant as to MOUNTAIN GATE and to the Declarant for MOUNTAlNGATE WEST.
ARTICLE 10
FUNDS AND ASSESSMENTS
The terms and provisions of ARTICLE 10 of the CC&Rs are hereby adopted and
incorporated herein except for and with the following changes:
I. Upon purchase ofa Lot from the Declarant, West Owners will be 'charged an initial
assessment of$100 which shall be in addition to any other assessment or fee described
herein and which shall be payable to the Association at the time of or prior to the
purchase. The Declarant may establish other fees or charges that are'payable at the time
of purchase.
2. Assessments for MOUNTAINGATE WEST. It is the intent of the Declarant in
adopting this Supplementary Declaration to require the purchasers of Lots within
MOUNTAlNGATE WEST to pay assessments to the Association in accordance with the
terms and provisions of this Article in amounts and shares that are equal to those paid by
the owners of Lots in MOUNTAINGATE, including, but not limited to, the initial
assessment described in paragraph I above. By execution of this Supplementary
Declaration, the Association agrees to accept WEST Owners as voting members of the
Association upon turnover of MOUNTAlNGATE by the Original Declarant and upon
turnover of MOUNT AINGA TE WEST by the declarant, except thatthe function and
responsibilities of the ARC may continue to be conducted separately for each phase or
addition of the Master Plan PropertY even after turnover.
ARTICLE 11
Page 15 of17
.
.
GENERAL PROVISIONS
The terms and provisions of ARTICLE 11 of the CC&Rs are hereby ~dopted and
incorporated herein except for and with the following changes:
1. Declarant may not amend, alter or change the original CC&Rs or this Supplemental
Declaration without the written concurrence of the Original Declarant or, if turnover has
occurred, the written concurrence of the Association, which concurrence shall be
recorded in Lane County Property Records.
IN WITNESS WHEREOF, Declarant and the Original Declarant hav~ executed this
instrument thisd.S day of Oc-+<>\"',,( .2006.
SUNTRUSTLAND COMPANY, LLC .
MOUNTAINGATE DEVELOPMENT LLC
i
r
,=::>
~~Q C~
_~-c2;>'
By Mark Vukanovich, Managing Member By Michael P Evans, Managing Member
State of Oregon )
)
County of Lo!\<..... .J
This instrument was acknowledged before me on ~ Z-l , 2006 by
MICHAEL P. EVANS, Managing Member of MountainGate Development, LLC.
I
OFFICIAL SEAL'
LORELEI KYLLONEN
'" NOTARY,PUBLIC-OREGON.
COMMISSION NO. 364570
MY COMMISSION'EXPIRES FEB B, 2007
"lh(~ ~\~ .
Notary Public for Or on .
, . PYfJ
I My commission expires:, Z-' . 'l}
,
Page 16 of 17
.
.
State of Oregon )
)
County of t... 4;u...)
This instrument was acknowledged before me on tVoro 0~~006 by Mark
Vukanovich, Managing Member of Sun Trust Land Company, LLC.
.. . : OFFICIAL SEAl ,:,
\../ LLOYD L. TOLBERT. ,
. ,;;.;;" NOTARY PUBLIC - OREGON
MY COMMIS~I~~~~~7~~~ J~~E4~52~~~
Page 17 of 17
.
Division or Che Depuly Clerk 'Me Mn '
Lane Counly Deeds and Records 'VVU.VUV~~~ I
1111111111111111111111111111111111111111111 1111111 $26,00 i
00859020200600808240010015 I
I RPR-CNST Cnl=l Sln;'l cAJM~~~~6 09: 11 : 25 AM I
$5.00 $10.00 $11.00 )
AFFIDAVIT OF CONSENT
Homestreet Bank, a Washington State chartered savings bank, BENEFICIARY, in that
certain Line of Credit Deed of Trust, Security Agreement, Fixture Filing, and Assignment
of Rents, executed by Suntrust Land Company, LLC, an Oregon limited liability
company, dated December 15, 2005, recorded December 20, 2005, Document Number
2005-101023, Lane County Deeds and Records, in Lane County, Oregon does hereby
consent to the platting of the property described in said Deed. '
'Bi ~(j.fh::tPwLJ I (). p-
Vice President
STATEOF 1{/p{IJ.,'uq'/b"v)
(/ )
ss
County of #'t.f )
On ~ /b:k
above-name, 126o.e.--T ;r:
foregoing instrum~nt to be lit>
-",' .
~~dC:I" "'"
_--- ~/~'"
f;;J;,~ON;;;S..~I'"
- .~.;~~..,'-
: ~ iI1,"fi'<""" ~'" '"
f ~:~:....tJf.AAY i"\ ~
~ .c:'~_ ," - (J).,1
, ...c"O~'~=-- :,
, 1:_ 'o'-'~''- ...
~; i. . (::?P\J!3uG i OZ E
~ \:?d~.._ ....1-.:. ~
"cl'~...". :\.'0::
'" 2_9..0..... "'" .::
\ "1l"z,; -.......c.0' _--
'.," OF Wp.,~ ..,'
',\\\\.\'1."............>...
, 200L personally appeared the
'?afca(. v p , and ~cknowledged the
voluntary act and deed. Before me:
~t.tuka.Jl ..,
Not ublic for IYa./tuhtlf",
My Commission Expires: V2-Q-()'7-
After recordin~ return to:
Suntrust Land Company, LLC
780 NW York Drive, Suite 204
Bend, Oregon 9770 I
.
Division of Chie.puty Clerk ~nne.MM~5 I
Lane County Deed d Records 'UUg UgUg,
1111111111111111111111111111111111111111111111111 $31.00 I
1/l1/l8591/l2121/l1/l61/l1/l81/l8251/l1/l2~1/l28 11/09/2006 09: 11 :25 AM
RPR-CNST Cnl=l Sln=l' CASHIER 02
$10.00 $10.00 $11.00
AFFIDAVIT OF CONSENT
MW Housing Partners III, L.P., a California limited partnership, BENEFICIARY, in
that certain Line of Credit Deed of Trust, Security Agreement, Fixture Filing, and
Assignment of Rents, executed by Suntrust Land Company, LLC, an Oregon limited
liability company, dated December 9, 2005, recorded December 20, 2005, Document
Number 2005-101024, Lane County Deeds and Records, in Lane County, Oregon does
hereby consent to the platting of the property described in said Deed.
LENDER:
MW HOUSING PARTNERS Ill, L.P"
a California limited partnership
By MW Housing Management Ill, LLC,
a California limited liability company
Its General Partner i
By WRI CP Investments III LLC
a Washjngton limited liability company
Its Co-Manager
By Weyerhaeuser Realty Investors, Inc.
a Washington corporation
Its Manager 1)'" j)J~
By --rY1Q.. ~
/- ,. If
Name '-' IL E :'
After recon:li1J9 return to
Lane ~ntY surveygrs
, ,
.
.
STATE OF
~)A-
} SS.
COUNTY OF J~~J {\ ~ '
On this day personally appeared before me Mart.. F ' A-h I '&1uI.f
to me known to be the VlCIL rrf'~ldQ.nf-' ofWeyerhaeuser Realty Investors, Inc., the
Manager ofthe Co-Manager of the General Partner ofMW HOUSING PARTNERS III, L.P., a
California limited partnership, the limited partnership that executed the foregoing instrument,
and acknowledged such instrument to be the free and voluntary act and deed of such limited
partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was duly
authorized to execute such instrument. l'1vi/iiJ st :;J..a:b
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day ofDeecffieer, 2005.
TANYA L. EDWARDS
Notary Public
State ot Washington
My Commission ,Expires
January02,2616
f
,
;2-~
.
,
"
,
Printed Name ~IU\ A.. L, W
NOTARY PUBLIC in and tor teState of ".a,,,,} II "1l-6- WA
residing at s..9L\.JH~ .
My Commission Expires \ I') h.(')\O
SS.
,
On this day personally appeared before me Db W \ N (f. S, \'W t-\ 6N 5
to me known to be the V \00 V"~SI Dt';r-J\ ofWeyerhaeuserRealty Investors, Inc., the
,
Manager of the Co-Manager of the General 'Partner ofMW HOUSING PARTNERS III, L.P., a
California limited partnership, the limited partnership that executed the foregoing instrument,
and acknowledged such instrument to be the free and voluntary act and deed of such limited
partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was duly
authorized to execute such instrument. /H.'t'" Vl S. I, 'Y0" C,
GIVEN UNDER MY HAND AND OFFICIAL SEAL this I {p day ofDecMl98r, :W05.
- ~
)1/l~~ :
printtd ame ,\'\LA...- M!tU')f:;:lZIV.OT
No RY UBLlC in and for the State of W A
resi at ~l~ ~OK .
My Commission Expires 'l. .'2, D,:wO '1
,
JILL'J. MACDERMOT
,
STATE OF WASHINGTON
After recording return to: Suntrust Land Company, LLC
780 NW York Drive, Suite 204
Bend, Oregon 97701
NOTARY - . - PUBLIC
"4'/ cor-..t.~tSSION EXPIRES OS.3C-Ol
I