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HomeMy WebLinkAboutMiscellaneous APPLICANT 10/26/2006 /' .' ,'l. . . , After Recording Return To: Sun Trust Land Company, LLC 780 NW York Drive, Suite 204 Bend, Oregon 97701 , ! 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") , The Original Declarant recorded a "DECLARATION OF COVENANTS, , 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"). I 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 I I , , Date R~WW,f I 7 Planner. iP/2b/o6 . . 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 Page 2 of 17 . . 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 Page 3 of 17 . . 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. Page 4 of 17 . . 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. : "- Page 5 of 17 . . 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 I DEVELOPMENT PLAN FOR MOUNT AINGA TE SUBDIVISION I I The tenns and provisions of ARTICLE 5~ofthe CC&Rs are hereby replaced and superceded in their entirety by the following: I INTRODUCTION Page 6 of 17 . . 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 Page 7 of 17 . . 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 Page 8 of 17 . . 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. Page 9 of 17 . . 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 Page 10 of 17 . . 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. ! , 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 Page II of17 . . 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. Page 12 ofl7 . . 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 . . 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 . . 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 . . 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 ~ . . 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~~~ .~- Page 17 ofl7