HomeMy WebLinkAboutMiscellaneous APPLICANT 10/26/2006
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After Recording Return To:
Sun Trust Land Company, LLC
780 NW York Drive, Suite 204
Bend, Oregon 97701
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SU~PLEMENT AL
DE CLARA nON OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
MOUNTAINGATE WEST AND ANNEXATION TO
MOUNTAINGATE SUBDIVISION
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE WEST
AND ANNEXATION TO MOUNTAIN GATE SUBDIVISION
("Supplementary Declaration") is made by MountainGate Development LLC ("Original
Declarant") and Sun Trust 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 inclusive and shown on the final plat map
of MOUNTAIN GATE WEST as platted and recorded on .2006, in the Plat
Records of Lane County, Oregon, and: assigned Recorder's Number 2006- in
the Official Records of Lane County, State of Oregon ("MOUNT AINGA TE WEST")
B. MOUNTAINGATE WEST is part ofa larger 338-acre area, known as
"Mountain Gate, A Proposed Residential Development" which received Master Plan
Approval from the City of Springfield, dated May 13, 1998 (Spr. Journal No. 95-02-39),
the notice of which was recorded April 19,1999 at Reel 2540, Instrument No. 99035359,
in Lane County OFFICIAL Records ("the Master Plan Property").
C. The final plat for MOUNTAIN GATE 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 MOUNTAIN GATE SUBDIVISION
("MOUNT AINGA TE") was MountainGate Development, LLC ("Original Declarant")
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The Original Declarant recorded a "DECLARATION OF COVENANTS,
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CONDITIONS, RESTRICTIONS AND EASEMENTS FOR MOUNTAINGATE
SUBDIVISION" on May 10,2005 in L.rle County Deeds and Records at Recorder's
Reception No. 2005-033770 ("the CC&Its").
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D. The Original Declarant, in the CC&Rs, created a nonprofit corporation, The
MountainGate Homeowners Association ("the Association"), whose members are all the
owners of Lots within MOUNTAINGATE.
E. By adoption of this Supplementary DeLaration it is the intent of Declarant and the
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Original Declarant to annex MOUNTAINGATE WEST to MOUNTAIN GATE and to
adopt the terms and provisions of the CC&R's
It is the intent ofthe Declarant and the Original Declarant to include future owners of
Lots described and depicted on the plat of MOUNTAIN GATE WEST (WEST
OWNERS") as full and equal members of the Association, prior to turnover 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 and 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.
NOW THEREFORE, Declarant and the Original Declarant declare that
MOUNTAINGATE 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 of MOUNTAIN GATE except as
modified herein which shall run with the land, which shall be binding on all parties
having or acquiring any right, title, or interest in MOUNT AINGA TE 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 I of the CC&Rs are hereby adopted and
incorporated herein except for and with the following changes, amendments and
additions:
1. Lot shall mean a platted lot within MOUNTAINGA TE 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 THIS DECLARATION
The terms and provisions of ARTICLE 2 of the CC&Rs are hereby adopted and
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incorporated herein except for and with the following changes:
1. MOUNTAINGA TE 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 Lane County, State of Oregon and located in the City of Springfield, County of
Lane, State of Oregon ("MOUNTAINGATE WEST")
ARTICLE 3
OWNERSHIP AND EASEMENTS
The terms and provisions of ART]CLE 3 of the CC&Rs are hereby adopted and
incorporated herein except for and with the following additions.
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] 16-127.
The Conservation Easements on lots 124-127 will overlap the]5 foot wide private
sanitary and storm sewer easement proposed on the PIP addendum 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 ridge1ine 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 natura] grades and maintain
natura] 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
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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 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 Easement is allowed provided that care is taken to prevent damage to
trees.
Private Vegetation Easements.
Private Vegetation Easements have been established on the Plat of Mountain Gate along
rear lot lines and are located upon portions of Lots 20-28 and 72. The goal within the
easement areas is primarily to retain or create an internal buffer of trees along internal
property boundaries. This may be achieved by pruning and 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 ifreplaced by an acceptable replacement tree. Otherwise, the trees shall be
pruned and shaped to improve their health and appearance. Diseased, deformed or danger
trecs as determined by a profcssional forester or arborist should be removed. 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 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 initial building
permit application submittal to the City.
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ARTICLE 4
LOTS AND HOMES
The tenns 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 Common 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 intended 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 from 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 Cornmon Areas are exempt from such review
and will not be considered an impainnent of views. All conditions are subject to 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 that the view from
such Owner's Lot is unreasonably obstructed, the Aggrieved Owner shall
notify the other Owner (Respondent) that a view impairment issue has
occurred. The Respondent shall have a reasonable period, but not more
than sixty (60) days following receipt of such notice, to correct the
condition or appeal the notice to the board. The Board may extend the
period allowed for correction due to weather conditions or requirements of
a governmental review process. Either the Aggrieved Owner or the
Respondent may apply to the Board of Directors (Board) of the
Association for either a fonnal hearing or a request for a detennination
without a formal hearing by the Board. The Board shall issue its findings
within thirty (30) days foHowing the receipt of such request, unless written
notice is given to both paf\ies by the Board extending the review period
for not more than an additional thirty (30) days due to circumstances of
the review process. :
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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
modified. If the Respondent fails to comply with the directive, the Board
of Directors shall have, in addition to any other rights or remedies
provided in this Declaration, at law, or in equity, the rights described in
ORS 94.777, including the right of the Association to take corrective
action at the expense of the appropriate Owner. The review by the Board
of Directors described in this Section shall be an Owner's sole and
exclusive remedy in connection with an alleged obstruction or impairment
of view by trees, other vegetation, lighting and structures. The
determination of the Board of Directors in connection with such matters
shall be final and binding on the Owners in question. If the Respondent is
the Association, as Owner of a Common Area tract, the Board will follow
the same procedures, and act in an impartial manner with respect to their
decision.
Maintenance and Easements of Rear Slopes
The rear slopes oflots 40,41,45,46,50-52,54,56-61 that abut Tract "A" and the rear slopes
oflots 88-97 that abut Tract "B" and the rear slopes oflots 98-10 I that abut Tract "c"
shall have a private blanket easement along the slopes which runs from the top of the
slope to the toe of the slope on said lots for the benefit of the Homeowners Association to
maintain/access said slopes. No disturbance will be allowed to the grade of said slopes
besides standard HOA approved maintenance and plantings. The intent of the
Homeowners Association maintaining said slopes is to have a consistent style of
landscaping and view preservation. The slopes are to feel as though they are one and
complementary to the tracts they abut. Any landscaping, movement of dirt, placements
of retaining walls, fencing or any other structures are forbidden without the prior written
approval of the ARC.
Lots 62. 65. 66 and 69
These lots will require a 10' foot setback adjacent to the private drive to protect driveway
stability. Setbacks may be reduced to 5' feet with a Geotechnical report addressing the
structural stability of the private driveway.
ARTICLE 5
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DEVELOPMENT PLAN FOR MOUNT AINGA TE SUBDIVISION
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The tenns and provisions of ARTICLE 5~ofthe CC&Rs are hereby replaced and
superceded in their entirety by the following:
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INTRODUCTION
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MountainGate West, which was approved by the City of Springfield as Phase 4A, B & C
of the Master Plan Property, consists of 129 lots that have been approved as a residential
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 ofthe Master Plan requiring the
protection of trees, drainages, and slopes.
The Hillside Development Plan includes a lot-by-lot 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 PRE~ERVATlON 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
MountainGate West as established by the approved tree felling permit, the final forester's
report, Hillside Development Plan, and relevant Springfield City Code standards.
Tree Removal- 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 Mountain Gate 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 to place the dwelling and driveway. For other portions ofthe lot a City
tree felling permit is required for the removal of more than five trees that are greater than
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five inches in diameter. Additional restrictions for tree removal exist within Conservation
Easements and Vegetation Easements as described below.
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 15 foot wide private
sanitary and storm sewer easement proposed on the PIP addendum and aIlow for initial
instaIlation of the utilities and future maintenance. The initial instaIlation shaIl be done
with least impact construction practices and in a manner that reduces the number of trees
impacted. The project engineer and forester shaIl observe the instaIlation 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 shaIl 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 MountainGate. No structures, including decks, porches, eaves, etc. shaIl be
located within these areas except fences. Retaining structures required to maintain the
stability of a dweIling 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 specificaIly approved by the Springfield Development Services
Department. Any such structure shaIl 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 shaIl 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 feIling 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 blackbcrries, 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 aIlowed 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
shaIl be nonreflective and colored to blend in with the natural landscape. Black is
preferred; white, yeIlow, red, blue and other bright coloring is prohibited. Fencing located
within the Conservation Easement shaIl be instaIled such that it does not impact healthy
native trees that have a diameter at breast height (DB H) 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 shaIl be placed at least three feet from the
tree at breast height and shall be placed to minimize root damage. Fencing shaIl not be
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attached to trees. Maintenance and repair of utilities and access for such purposes within
the Conservation Easement is 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 and 72. The goal within the
easement areas is primarily to retain or create an internal buffer of trees along internal
property boundaries. This may be achieved by pruning and 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 removed. 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 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 initial building
permit application submittal to the City.
Street Trees.
During the subdi vision 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.
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 by a professional forester or arborist. If
removed they must be replaced by street trees that meet City standards.
Other individual trees, tree clusters and tree groupings located close enough to the street
curb could qualifY as street trees ifnot damaged or removed with house and driveway
placement. Generally trees within 20 feet of street right-of-way may qualify 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
as street trees are contained in Section 6 of the City of Springfield Design Standards and
Procedures Manual.
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Each lot owner is required to plant 3 street trees prior to occupancy per the City of
Springfield's Design Standards and Procedures Manual. The type and size of street
trees must be approved by the ARC.
Acceptable Replacement Trees/Planting 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 that will 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
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 Department, 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 two 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 into a Conservation Easement
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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
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 I 00 feet downslope from the primary
safety zone. The goal of the secondary fuel break is to reduce fuels so 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
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 geotechnical 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 MountainGate 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 ofthe 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 engin~er 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 fqr the Level I review.
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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 department standards.
The results and recommendations are to be included with the building/LDAP permit
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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 aIJY special conditions affecting a particular site.
Within both the Levell 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 or 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 drainage.
Private Storm Drainage Easement.
A private Storm Drainage Easement is designated on the Plat and is located 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 damage or interfere with
thc installation, operation and maintenance of storm drainage facilities, that may redirect
drainage to outside the casement, or that may obstruct or retard thc flow of water through
drainage channels in the easement area shall bc place or permitted to remain within this
easement area. All effort shall be made to avoid allowing any petroleum-based products
or othcr hazardous or forcign substances from entering or contaminating the arca of this
easement. Vegetation shall not be disturbed except as necessary for landscaping and
maintenance, to reduce fire hazards or to control noxious and invasive overgrown
vegetation such as blackberry vines.
WETLANDS
Thc cntirc master plan community of MountainGate has received approved permits from
USACOEIDSL for fill and mitigation work which are on filc with the City of Springfield.
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Lots 50 - 51
As of the time of recording the plat for MountainGate West, a delineated 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 Drainal!e 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 of the
Municipal Code for the City of Springfield and the documents of MountainGate
Homeowners Association, and in such a manner as to enhance the appearance thereof and
to preserve established slope ratios, prevent 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 exterior slopes adjacent to
private or public street areas, including slopes created or manufactured as a result of
Declarant grading operations, incident to the development of the properties, except those
slopes along a side lot line 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 Drainal!e
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
Springficld, 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 obtaining a tentative subdivision approval for this
cluster development. No buyer oflots in Mountain Gate West can object to any proposed
development of Lot 130 or any proposed development of the future South Cluster site.
ARTICLE 6
ARCHITECTURAL AND SITE DEVELOPMENT REVIEW
Page 13 ofl7
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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
function and authority of the Architectural Review Committee ("the ARC") as it relates
to approval of house and improvement plans and site development shall be administered
and conducted for Lots within MOUNT AINGA TE 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 MOUNT AINGA TE, 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 following changes:
1. By acceptance of a deed to a lot in MOUNT AINGA TE WEST, the "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 turnover, 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 bc established by
Declarant's recordation of a 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 shall cease to function and exist and
all of the West Owners shall, 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.
Page 14 of 17
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ARTICLE 8
DECLARANT CONTROL
The terms and provisions of ARTICLE 8 of the CC&Rs are hereby adopted and
incorporated herein except that the provisions therein apply only to the Original
Declarant as to MOUNTAIN GATE and to the Declarant for MOUNTAIN GATE WEST.
ARTICLE 9
DECLARANT'S SPECIAL RIGHTS
The terms and provisions of ARTICLE 9 of the CC&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 MOUNTAIN GATE 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:
1. Upon purchase of a Lot from the Declarant, West Owners will be charged an initial
assessment of $ I 00 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
MOUNT AINGA TE 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 1 above. By execution of this Supplementary
Declaration, the Association agrees to accept WEST Owners as voting members of the
Association upon turnover of MOUNTAINGATE by the Original Declarant and upon
turnover of MOUNTAIN GATE WEST by the declarant, except that the 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 of 17
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GENERAL PROVISIONS
The terms and provisions of ARTICLE 11 ofthe CC&Rs are hereby adopted and
incorporated herein except for and with the following changes:
I. 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 have executed this
instrument this ~S day of Od."\',o,( .2006.
SUNTRUSTLAND COMPANY, LLC
MOUNTAIN GATE DEVELOPMENT LLC
r
,-=:>
-~---=~
By Mark Vukanovich, Managing Member By Michael P Evans, Managing Member
State of Oregon )
)
County of ...)
This instrument was acknowledged before me on , 2006 by
MICHAEL P. EVANS, Managing Member of MountainGate Development, LLC.
Notary Public for Oregon
My commission expires:
Page 16 of 17
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State of Oregon )
)
County of ~ 4:~ .)
This instrument was acknowledged before me on 'E>oro 0~~006 by Mark
Vukanovich, Managing Member of Sun Trust Land Company, LLC.
.., . ;. OFFICIAL SEAL
\. _ ./. LLOYD L. TOLBERT
.;;.;;.. NcOTARY PUBLIC. OREGON
OMMISSION NO
__~_?9..~~~~~.~~~E4~52~~~
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Page 17 ofl7