HomeMy WebLinkAboutNotes, Work PLANNER 10/23/2006
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PLAT REVIEW, STAFF REPORT & 'DETERMINATION OF COMPLIANCE #2
SUBDIVISION PLAT, HILLSIDE DEVELOPMENT, TREE FELLING PERMIT
PHASE 4 - MOUNTAINGATE WEST SUBDIVISION
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Journal Numbers: Associated Files: I
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SUB2003-00063- Subdivision Tentative Planning File 1995-02-0039
DRC2003-00068- Hillside Development MountainGate Master Plan Approval
DRC2003-00067- Tree Felling Permit
Date of Tentative Decision: Consultina Enaineers:
February 27, 2004 Tony Favreau PE
Date of Plat Pre-Submittal Meetina Consultina Surveyor:
June 30, 2006 Lloyd Tolbert PLS
Tolbert Associates LLC
PO Box 70224
Date of Re-Submittal Eugene OR 97401
July 27, 2006 - August 31,2006 Consultina Geo-technical Enaineer
Date of This Review: Richard Hanford PE
PSI Professional Service Industries
October 5, 2006 1040A Shelley Street
Update Status Report: 10/23/06 k Springfield, OR 97477
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Owner: / / ~ Consultina Forester:
Sun Trust Land Development Doug Wolf
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Attn: Mark Vukanovich Oregon Forestry Service
780 NW York Drive, Suite 204 P.O. Box 2114
Bend, OR 97701 Jasper, OR 97438
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DETERMINATION: PLAT APPROVAL REQUIRES COMPLIANCE WITH THE
ATTACHED PUNCH LIST OF OUTSTANDING ITEMS. The materials submitted
through September 1 do not demonstrate compliance with the conditions of the
afore mentioned Subdivision, Hillside Development and Tree Felling Decision
Conditions of Approval.
Staft will recommend approval of MountainGate West Subdivision by the City Engineer
and Planning Director when the conditions of tentative approval and platting are satisfied
in accordance with the findings and conclusions contained herein.
Date ~eceived: (0 -2. 3-() ~
Planner: ---rt ~
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APPLICABLE CRITERIA FOR APPROVAL
35.100 SUBDIVISION PLAT CRITERIA OF CITY APPROVAL.
The Director, in consultation with the City Surveyor and City Engineer shall, approve or
deny the Subdivision Plat. Approval shall be based on compliance with the following
approval criteria as applicable:
(1) The City Surveyor has approved the Subdivision Plat for compliance with
applicable platting requirements in accordance with State law, Lane County
ordinances and any other applicable regulations.
(2) Streets, bicycle paths, accessways, and alleys for public use have been
dedicated without any reservation or restriction other than reversionary rights
upon vacation.
(3) Public improvements, as required by this Code or as a condition of Tentative
Plan approval, are completed, or:
(b) A performance bond'or suitable substitute as agreed upon by the City
Engineer and the applicant has been filed with the City in an amount
sufficient to assure the completion of all required public
improvements.
(4) Public assessments, liens, and fees with respect to the Subdivision have
been paid,
(5) All conditions of Tentative Plan approval have been met and the Subdivision
Plat substantially conforms to the provisions of the approved Tentative Plan.
MATERIALS REVIEWED:
MountainGate Master Plan Approval 1995-02-0039
LAND USE DECISIONS:
SUB2003-00063- Subdivision Tentative
DRC2003-00068- Hillside Development
DRC2003-00067- Tree Felling Permit
PLAT SUBMITTALS: Revised Phase 4 Plat Application Submittals and Response to
Conditions of Approval Document received on July 27,2006 and materials submitted
through August 31, 2006. The materials are revised in response to the initial City
response dated June 20, 2006.
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MountainGate West Hillside Development Plan (July 27 version, as revised)
A. Development Plan Map
B. Tree Preservation Plan
C. Fire Protection Plan
D. Geotechnical Requirements
E. Grading, Slopes & Drainage
F. Individual Lot Standards & Guidelines
G. CCRs
PIP: Public Improvement Project P30402 - MountainGate Phase 4 (Approved for
Construction on February 2,2006.) The project has been bonded in accordance with SDC
35.100 to satisfy platting requirements.
The applicant has submitted a PIP Addendum for the 59th Street area known as Phase 4b.
The Public Improvement Plan Addendum has not been approved for the S. 59th Street
area. The PIP requires engineering, planning and survey review for compliance with
subdivision conditions of approval) prior to approval for bonding and construction.
NOTE 1: As reflected below, there are conditions of approval that must be addressed
during PIP review and initial construction of the Phase 4b area. No Plat Approval will be
issued by the City Engineer prior to approval and bonding of Public Improvement Plans for
the remainder of the site. No plat approval will be issued by the Director until all conditions
of approval related to pre-construction (ie tree preservation) are met.
FINDINGS IN SUPPORT OF THE DETERMINATION
The attached document contains the applicant's response to land use conditions specified
for final plat approval of Phase 4, or MountainGate West Subdivision. The proposed plat
incorporates all of Phase 4 including the 59th Street area known as Phase 4b.
This is the third status (previous versions include ). Only the outstanding conditions of
approval are addressed below. City Staff's (Planning, Public Works, Fire and Life Safety)
response to applicant submittals is documented for each outstanding condition. Review
comment documents from Surveying, PW Engineering and Fire and Life Safety .
Departments are attached.
Conditions of Approval
The applicant's submittal and this review document refer to Attachment "A" , Tentative
Subdivision Approval SUB2003-00062. The attachment includes applicable Master Plan
conditions and all conditions of tentative approval for concurrent subdivision, tree felling
and hillside development approvals.
Master Plan Approval Conditions
Condition 1: Prior to final public improvement plan or plat approval the applicant
must submit the following easement information:
a) An approval letter from SUB Water Department for the Phase IV water
system and easement locations.
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Applicant Response: Done for final improvement plan. Please see attached SUB letter
from Bart McKee addressing the water system and easement
locations.
Staff Response: This portion of the condition is satisfied by the submitted 7/19/06 e-mail
from Bart McKee.
b) The final plat shall show all existing and proposed easements'
necessary to serve the site with public and private utilities.
Applicant Response: All existing and proposed easements necessary to serve the site
with public and private utilities are shown on the plat.
Staff Response: Second Round Survey Comments have been forwarded to the applicant
by Surveyor John Driscoll. This condition will be complete when the surveyor's
comments and any requested revisions related to Hillside Development Plans and CCRs
contained in this report are made.
A field review of the Phase 4b PIP (and that portion of the plat) was conducted for review
of easements on September 29, 2006. The revisions to the HOP and CCRs relating to
private Vegetation Conservation Easements contained in the resulting memo (Donovan,
September 29, 2006, attached) mL$t be incorporated in the final submittal.
All minor revisions resulting from this review and PIP work shall be shown on the final
plat and associated documents. (See Note 1, above.) Unless otherwise noted herein,
these shall be the final adjustments prior to platting.
Conclusion: This condition will be met when the final adjustments for consistency with
other documents are made prior to mylar submittal.
o Easements added to Sgh Street Area?
o Easement language cleaned up (Public- Private?)
o JUAMA language limiting access at S[jh hh?
o Standardized Pres and Consv easements on plat?
o 10/12/06
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Condition 2: The 12" line necessary to serve Phase IV must be constructed and
accepted by SUB Water and the City of Springfield.
Applicant Submittal: The 12" line is part of approved set of plans for MountainGate
phase 3b. That phase is currently under construction and the water line is
expected to be completed by September 1st. Suntrust Land
Company has an agreement with the developers of phase 3b that if
said line is not completed then, that developer will put in a
temporary line so that the fire flow has the appropriate capacity
while homes are being built in MountainGate West.
Staff Response: The above method for provision of water service to MountainGate West
was proposed by MountainGate Phase 4 developers in 2003. The condition for plat
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approval was included in the tentative decision on February 27, 2004 and clearly states
that the 12 inch water line providing service to Phase 4 must be constructed and
accepted by SUB Water and the City of Springfield.
The 12" water line is part of a water system being installed in conjunction with public
improvements bonded as part of MountainGate Phase 3b by Alberts Development LLC.
However, the water system is not part of the public improvement project bonded by
Alberts with the City. The work is not financially guaranteed as part of SUB Water design
approvals because SUB does not accept bonds in lieu of functioning water systems.
The private agreement submitted was intended to limit the existing temporary system to
Phases 1-3 and guarantee that a permanent water system would be complete to serve
Phases 1- 3 and be available to Phase 4 by September 1, 2006. (See "Temporary Water
Service and Fire Flow Pump Agreement, MountainGate Phases 1,2 and 3.'). The
agreement has failed to produce the water system by the, agreed deadline. A second
temporary service system design has been approved by SUB and would provide Fire
flows acceptable to the City Fire Marshall, but has not been constructed yet.
The Director finds that the condition has not been met for the following reasons:
. The condition was applied to guarantee that the proposed water system is
available prior to final plat of Phase 4.
. The Phase 1-3 permanent water system is not complete and there is no
temporary system available to serve Phase 4 yet.
. An operable water system cannot be bonded by the applicant in accordance with
SDC 35. 100 for approval of Phase 4 final plat because a) the proposed system of
water service was conditioned for construction and acceptance, b) the water
service is controlled by developers of a different phase of MountainGate, and c)
water systems are not included in bonded public improvements and bonds are
not accepted by SUB Water.
Conclusion: This condition will be satisfied when a water system is constructed and
accepted by SUB Water and the Fire and Life Safety Department and is available to
serve Phase 4 (MountainGate West).
o Line nearly ready on 10/10, needs SUB and Fire acceptance. No inspection
request to Fire as of 10/12/06.
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Condition 9: Prior to Plat approval of Phase 4;
(a) An agreement between the City and the applicant for the long term
maintenance of storm water ponds and water quality swales located
on Phase 4 shall be signed.
Applicant Response: The City of Springfield will maintain the functionality including inlets
and outlets. The Association will maintain the landscaping and beautification of the
detention facility and swales. The City Engineering Department is to supply their
standard agreement to the Developer for signature.
Staff Response: The agreement has not been signed as of the date of this letter. The
storm water facilities have been in a dynamic state of revision as wetland and
reclamation plan issues have been addressed with outside agencies (DSUCorps,
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Willamalane.) The PW Engineering Department has supplied the standard template
agreement. The applicant must provide a detailed proposal for the maintenance of public
and private facilities. The details should be included in discussions with Willamalane and
the DSUCorps. Please consult the PW Engineering Division for more information.
Conclusion: This condition will be met when the agreement has been signed by all
affected parties and delivered to the City of Springfield.
o Draft agreement to PW on 10/10/06.
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(b) Deed restn I ns shall be placed upon the upper s Ie area to be
established as 0 en space and upon the detention pond to assure
retention of thei continued use for storm water management.
Applicant Hespo se: The upper swale area and detention pond is shown on the plat as
Tract C and Tra S, respectively. Maintenance of the upper swale and detention pond
will be done by the HOA, assuring retention of their continued use for stormwater
management.
Staff Response: The Hillside Development Plan and CCRs must be revised as detailed
in this response and the City Surveyor's comments.
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Conclusion: This condition will be met when the HOP, CCRs and the Plat mylars are
revised for consistency. (See HDP/CCR redline copies attached.) ~
o No deed restrictions necessary if accomplished by other docs. Check for th2 ~c i::S, I c yL
language in the CCRs and HOP. 10/10/06 --1- t-t-D V { 'J..
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Condition 17: The developer shall include longitudinal drainage systems along the I
uphill side of all streets constructed on cut slopes for each phase of the
development as recommended by the project geo-tech as approved by
the City Engineer. These drains shall discharge to a piped drainage
facility, not the street gutter. /
Applicant Submittal: This information has been submitted and approved by the City of
Springfield's Public Works Department through the PIP process. See page 32 of the
approved plans.
Staff Response: e City Engineer has determined that this condition has not been
satisfied on t S. 59'h Street PIP submittal. Revision and re-review of the PIP submittal
is require . This condition will be met when the 59'h Street PIP Addendum is approved or
the Ci Engineer verifies in writing that the drainage systems meet this condition. (See
Fi Comments, Walter via e-mail on 8/16/06)
o PIP not approved as of 10/19/06.
Condition 20: An agreement between the applicant and the Wiffamalane Park and
Recreation District for the transfer of Mountain Park and West Park into
public ownership shall be executed prior to the platting of any lots south
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of Phase 4a (Phase 4, Lots 1-49 and the north cluster). All documents
and plans shall include the language "public parks" and names West or
Mountain Parks, deleting references to "City" parks.
Applicant Response: Agreement is forthcoming. Terms have been agreed on, but
document is not yet finalized by Willamalane's attorney.
Staff Response: As noted above this condition has not been met. The signed transfer
armentIor the parks must be submitted to the City.
~ 0 This condition has been met by the submittal of the signed agreement on
10/11/2006.
Condition 21: Prior to Plat approval for any lots south of the southerly intersection
of "Park Drive" and MountainGate Drive, an agreement between the
applicant and the Willamalane Park and Recreation District for the
transfer of "Quarry Park" into public ownership shall be executed. Also
and within this timeline, the applicant shall submit to the District a
reclamation plan for the quarry that will demonstrate that the proposed
rehabilitation of the quarry will result in a site suitable for its intended
purpose; i.e., a neighborhood park.
Applicant Response: Agreement is being finalized by Willamalane's attorney. The
Quarry site is being designed in conjunction with Willamalane and will
result in a site suitable for its intended purpose.
Staff Response: As noted above this condition has not been met. The signed transfer
agreement for the parks must be submitted to the City. The reclamation plan submitted
must be approved by Willamalane in writing.
~ThiS condition has been met by the submittal of the signed agreement on
10/11/2006. A signed Reclamation Plan was submitted on September 29, 2006.
Condition 22: Prior to final Plat approval for any portion of Phase 4 located south
of Lots 1-49 or the North Cluster, the applicant shall execute an agreement
to transfer to the Park District open space and pedestrian areas necessary for
connection of Mountain and West Parks.
Applicant Submittal: Agreement is being finalized by Willamalane's attorney.
Staff Response: As noted above this condition has not been met. The signed transfer
agreement for the parks must be submitted to the City.
o This condition has been met by the submittal of the signed agreement on
10/11/2006.
Condition 27: The following protections shall be added to construction plans and
included in transfer agreements:
a) Except for vegetation control and removal necessary to address
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hazardous conditions including approved fuel breaks for fire
protection, no trees or under story shall be removed in the planned
open space areas protecting cultural resource sites prior to transfer
the park district;
b) No trees or under story shall be removed in the planned open space
areas prior to transfer of the areas to the park district, excepting
removal necessary for required pedestrian access improvements or
for vegetation control and removal necessary to address hazardous
conditions including approved fuel breaks for fire protection.
Applicant Response: MountainGate's supplemental CC&Rs, approved by the City of
Springfield, are included in this packet for your review.
Staff Response: The above protections must be included in pending transfer agreements
with Willamalane. The condition will be met when the signed transfer agreements are
submitted to the City.
o This condition is satisfied by sub-section l.(k) of Obligations of Seller in the
Transfer Agreement submitted October 11, 2006.
Condition 29: Prior to Plat approval, conservation zones shall be established on
the Plat to protect identified tree preservation areas. These zones shall be
established and marked as agreed upon by the City staff and the project
forester.
Applicant Response: These zones have been established and agreed upon by City staff
and the project forester. The location of these preservation areas is identified on the
attached map. A verbal description of these areas is found in the forester's report ''Tree
Felling Standards for Mountain Gate Subdivision Phase IV."
Staff Response: The Vegetation Conservation Easements have been identified in the
field (Sgh Street Addendum area complete on September 29, 2006). The attached
Hillside Development Plans, CCRs and Plat descriptions require revision for
corency. This condition will be met when all descriptions are consistent.
/ 0 The affected documents have been revised. The final copy of the plat requires
review with the City Surveyor as of 10/12/06.
Subdivision Approval Conditions
Applicant Submittal: 1) & 2) & 3)- drafts of easements have been submitted to
surveyors.
Staff Response: The City Surveyor's Second Comments (9/19/06) included comments
regarding the easements. This condition will be met when the comments are resolved to
the City Surveyor's satisfaction.
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The JUAMA for lots on Sgh Street must be revised to "restrict" access to the
easement area (10/19/06).
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Condition 34: Prior to construction of roads that would impact wetlands the
applicant shall obtain a joint DSUU!fjACOE permit granting approvals for such
imports, '
Applicant Response: Permits are in place and no modifications are anticipated at this
time.
Staff Response: The proposed mitigation and wetland creation has changed since the
start of PIP construction. A current permit, wetland mitigation plan and status report
including a concurrence letter from DSUUSACOE for all wetlands on the MounlainGate
West property shall be submitted to the City prior to final plat approval.
o The original DSL and ACOE permits, plus approved modifications, permit the
construction fills within Phase 4. These permits are included in the tentative
subdivision file.
o A request to modify the permits to relocate a portion of the mitigation site to the
South side of Mt.Gate to combine 2 small mitigation sites into one has been
submitted to affected agencies. The ACOE/DSL have verbally concurred with
requested revisions but the Corps is yet to respond in writing. The expanded
mitigation site is in the South Cluster, not within Phase 4, and will not affect the
platting of Phase 4.
o Current permits for the entire site are on file. Permitted wetland re-construction
work in Quarry Park on Phase 4 is underway. Existing wetlands on Lots 50 and
51 have been restricted from fill without permits in Hillside Development and
CCR documents. (10/12/06)
Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 51 the
applicant shall obtain a joint DSUUSACOE permit to allow the fill to
occur,
Applicant Response: No approvals have been given to fill wetlands delineated within
Lots 50 and 51. See page 9 of the Supplemental CC&R's under "Lots 50-
51."
Staff Response: The condition requires that 'the applicant" seeking subdivision approval
obtain the permits. The proposed mitigation and wetland creation has changed since the
start of PIP construction. A current permit, wetland mitigation plan and status report
including a concurrence letter from DSUUSACOE for all wetlands on the MountainGate
West property shall be submitted to the City prior to final plat approval.
o Existing wetlands on Lots 50 and 51 have been restricted from fill without permits
in Hillside Development and CCR documents. This condition has been met for
final plat (10/12/06)
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Hillside Conditions of Approval DRC2003-00066
Tree Fellina Conditions of Approval DRC2003-00065
Condition 42: Existing trees or clusters of trees to be preserved and substituted
for street trees shall be identified and protected prior to commencement of
street construction, final selection of street tree substitutes and planting or
bonding of all other street trees must occur prior to plat approval. Prior to
final plat approval the applicant must also submit a planting plan for the
area intended for afforestation that must occupy at least 3 acres. The
plan must also include areas along streets where no lots are proposed and
provide details for planting street trees or other vegetation alternatives. The plan
must be approved by City staff and be implemented prior to final Plat approval
unless financial guaranty is provided to assure that the planting will be
completed.
Applicant Response: The existing trees and clusters of trees have been identified and
preserved. Their location is presented on the attached map. Substitute street trees will
be selected, bonded, and/or planted prior to plat approval. Afforestation of 3 acres is
planned for in the wetland areas in the center of the subdivision. Additional areas will
be provided for afforestation if these wetlands have portions which are unsuitable for
tree establishment and growth. Financial guarantee will be provided to assure that the
planting will be completed. Planting will occur only during the late fall through early
spring.
Staff Response: Initial tree preservation has occurred and street trees have been
bonded with PIP improvements. No planting plan or financial guarantee for the proposed
afforestation within the wetland and open areas has been submitted. This condition will
be satisfied when planting plans have been approved and constructed or bonded.
o A replanting and afforestation plan has been submitted and reviewed. The
planting will be done prior to any occupancy on 4b or4c. (10/19/06). /
DOCUMENT REVIEW OF: \ ~VL~ L,,~
A. Hillside Development Plan
B. Tree Preservation Plan (HDP)
C. Fire Protection Plan (HDP)
D. Geotechnical Requirements (HDP, CCR)
E. Grading, Slopes & Drainage (HDP, CCR)
F. Individual Lot Standards & Guidelines (HDP, CCRs)
G. CCRs
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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 QQ)o~, ~ha~ ~~"e, ~"en 3Jlp!Q""d a~ ~ ,,,sJelent!a), _ _., - .1 Deleted: '9
subdivision under the provisions of Mountain Gate Master Plan Approval (City File 95-
02.c003_~t an,d SJlrjllgfie1ci J)e"el()]l,!"n~ <::QeI" .(SD<::) ,s~a_n.dards ~o.n_~i!leel Jt} ?P.C; Ar!i~ie_ _ _ - - .j Deleted:]
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
confom1 to subdivision conditions and provisions of the Master Plan requiring the
protection of trees, drainages, and slopes.
HILLSIDE
DEVELOPMENT PLAN
FOR
MOUNTAINGATE WEST
(M.aster Plan Phase 4)
INTRODUCTION
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 DIN 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
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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
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- Gelleral. 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 to place the dwelling and driveway. For other portions of 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
Easeinents and Vegetation Easements as described below.
Private Conservation Easements. Conservation easements have been established on the
Plat of Mountain Gate and are located upon portionsofLots 7-19. 78-84. and 116-127.
The Conservation Easements on lots 124-127 will overlan rhe 15 foot wide nrivate
sanitary and stOlm sewer easement oronosed on the PIP addendum and allow for init~al
installation of the utilities and future maintenance. The initial installation shall be done
with least irnDact construction oractices and in a manner that reduces the number of trees
impacted. The Droiecl engjneer and forester shall observe the installation and field locate
service stubs to each lot that reduce imoact to trees. Surface structures. oerimeter drains
or othei.-m;i\;ate .stom1 water protections may be deemed necessary bv the geo-tech during
buildingpennitrevic\v and shall only be located \\'ith "least imoact construction" within
the easement as aoproved by the City. ,.Th~s_e_ e_a~~f!1~~~ _~ay~ _b_e~!.l_e~tap!i~h~c! to_ _ -' _ _ _ _ _ _ _ -( Deleted: 9.] 1.-
preserve th" n~.tural vegetation and character of the northern ridgeline boundary of the
development primarily to protect viewsheds from lower elevations towards the northern
bouridarY of Mountain Gate. No structures, including decks, porches, eaves, etc. shall be
:..:/-'_ locateg~'YiJ;l~.in.~~h~~e~aIe~~ ~X5?~RtJences..Reta~ning structures required to maintain the
stability of~ d~elling on a lotpr t.o prevent soil movement may be allowed if
.re~ommen(iei.fl)y'-~"geotechn.iCal engIneer or structural engineer licensed in the State of
Oregon-and i(specifically approved-by the Springfield Development Services
Department:cAny such structure shall be designed to intrude the least'amount possible
I. into,the,~onseryation.Easement area ,and to 3ooroximate natural \!rades.and maintain
~ahI~al ~~~~t~tl~'n;'~Q. native vegetation Ipay be removed fro~ wHhin.these areas except
as necessai'Y'i6 'meet fuel break standards for fire protection and. diseased or danger trees
I as detemlin"ed.by:'a.pr6fessional foresterJl!:~~rist or9t~ere~liifie4. lan9scaoe prof~s~ionaJ _.. - ,{ Deleted: or
_ f'landscanc-Drofessional"'hanWJ2roved bv the City. Diseased aIld danger trees to be
removed shall be shown on the initial building permit application submittal to the City,
with a lah'ascabe orofessioriars \\TIttfm (minion identifvimr 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 a_n~ appe~rance and to meet fire protection standards. Nonnative vegetation
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including blackberries, scotch broom and ivy may be removed. The use'ofherbicides
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 pennitted tree removal or utility
. maintenance and repair. Fencing is allowed within the Conservation Easement provided
that it is not a solid fence sur;h as wood or block but consist~ 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)nche.s_ orgreater._l11is _ _.. _' .[ Deleted: r,,,
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 shalI 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 PIcit oftv1ountainGate along
rear lot lines and are located uPOn portions of Lots 20-28 and 72. Thegqal_wi!lIin tit" _ _ _ _ _."
easement areas is primarily to retain or cre~te an internal buffer of trees along internal
property boundaries. This may be achieved by pruning ands.hapingexisting, healthy.
trees; by thinning younger existing trees to encourage gro\yth int.o h.~althy, properly
spaced mature trees or by planting new trees. Maturemapletrees'with broken tops may
. be removed if replaced by an acceptable replacement.tree:"Otherwise, the trees shall be
pruned and shaped to inlprove their health and appearance,:Diseas"d,deformedor danger
trees as determined by a professional forester or arborist should beTemQyed. SJrading
may occur within the easements as necessary to establish a.dwelling or. retaining walls,
provided that where native trees are removed they are repIaced by,acceptable replacement
trees at a maximum spacing oft4irty feet asshO\~/n on,aireolantiriQ"olan:submitted with~., :;:,.;..
building or LDAP oennits and tlDOfoved bv'the City'. Removalofinore than' five, trees . .\,.
greater {him five inches in diameter at breast height, shaIl'i;~qli'ir'e~ii:Tre'e'FelllnQ:~Pen1ii( ii(. t':
accordance \\,'ith Article 38 of tile 'Spflndield De\;e16Di'Ylent;Q:'d(fe~i-N{);'stiUctures shall-bel'. j.~.;
located within these areas except fences and fetaining'structures:thatarerequired for.;' :'i".
foundation or soil stability. The design and placemel)t:of~I)Y,relllining,structures' ::~.:.,-".:..
recommended by a geotechnical engineer or sl1ucturaL_e~gi~~~ics.li~I!'be:placed.to .'j . " ." :, ' .
minimize intrusion as detelmiried'ov the City and'includea:witWdie,initiaI'building ",.."c.-~.;~~:-f,'" ;'.'
permit application submittal to the City. 'l'~ ;. -", ". "~' '.::r ~ ;;':'"
.;_"'l.b :~;j!7;~.:~i~'i.;!~:;:.r::'.;~c..:';"
~. ' '.' ,. .
Street' Trees.
.......
_"'1 ~ I __ 1:
During the subdivision process certain 'trees and tree.grciupings:ha~e been protected' for
potential qualification as street trees that will meet City.r~quirementS. There are two.
street trees shown on the Development Plan map that ~e.t~ be.~e~ined as street trees.
-I Deleted: Private Vegetation Easements
have been established on the Plat of
MounlainGate along certain rear lot lines,
.; I
,.',
> '....-..
. '. ' + "~"
",. ~ .'
..".
.~.. "i
.
.
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 if not 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 treesalong 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]O
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.
Acceptable Replacement Trees/Plall1ing 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 tile 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 frotection During COII.struction.
...... . ~ -
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 w~th.,
construction' fencing. Construction fencing shall be placed between Conservation
Easements and the work..~ites during construction. Construction fencing shall also be
placed to protect Vegetation Easement.' that will not be altered with house, drivewa)'or
retainin"g .wall construction. Silt fencing may be substituted' for standard construction -7.
fenc;ing when located to serve this dual purpose. . .
FIRE-PROTECTION STANDARDS
Due to the forested setting of MountainGate, certain fire protection measures are reauired
to helD Drote.C! ,I;v.e!ljngs. 'Y!tI1in ~ for~~te,I .env!r9111!1el1! fr.o!,! !he <I~nge!S. 9f ;viI.dfir" and. __ .'
enforced bv 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.
. :i.-'f.~'. ':::~_'!"'~':':""~' , .
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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 exisL, .
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
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
ben,veen crowns and pruned to remove dead" and low branches,
nSecolldary Fuel Break. "
',',,-.-
The secondary fuel break extends a minimum of 100 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
~space9 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
."":'Iimited 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
thel~rgert~e,,~: Dea.d fuels..that increase fire hazard may be removed. .
--I..
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j'...
. -'~~:-.':~"~':"~,.;;"':::.:-" .-' .:. ,.: ~'.'.~ ' . "". .' - ,... :
.. .':.c::~b~f€ilje.cfuicafrepoit; titIed"Earthwork Summary,Letter"anddated July 21, 2006, has
. ",::,.ii",b~e,,'i;;:epaJ-ed:b)"ProfessiohafService Industries; and is:attached. It provides specific
."'t:;~:2~recomnfendation'.for,the:use 'ofgeotechnical review appr9priate.for each individual10t
. ,,'.';,: :..;:.:~:,.;;:'de:,elopment. An,eyaluation ofthe.building sites.has been conducted by a PSI engineer
,",-;>,."". ~"', .,. ,"" , "
". ,/, '"di!..Jj~g':gra:d.ing operations ani:! the attached report lists the: geotechnical investigation
:,-'~~:';['I~~reqiiiremerits"'sp'eCified for. each. lot... SDecitic-requifem:eiits~stiall:'abDlv to initial Qrading.
. ;':~, f:rhome?cOnstlUction and'on12oinQ. slonenrotections.' -. ~ ~.." . ,
;._":':'::'~e#;;"",~~:7_"~;":'._,"__'_'_. ',-.' .., ,L,. .
"",'"~.;-Jn.'~i!lsi~e:!ocations the City,?f Springfield requires a report from a geotechnical engineer
. . tob" submitted with applications for a Land and Drainage Alteration Permit (LDAR1), In
',Phase.4of'MountainGate details within this initial report.will vary depending upon
".' ,;whetherthe lot requires a Level l.or II geotechnical investigation and upon the initial
'.;. ~ndings of the engineer. . , . I
.
.
.
Within the Levell 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 Levell review~._ _. __ _ _ _ u" . _ _ _ _'n _ u_
-I Deleted: because the foundation and
I house plans submiued meet appropriate
standards for the site.
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 buildim! deoartment standards.
The results and recommendations are to be included with the building/LDAP permit
submittal. The investigation and the report should address Levell concerns such as
unstable ground, soft/wet soil conditions, expansive soils, cuts/fills, and retaining walls,
in addition to any special co~ditions affecting a particular site.
Within 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 estaplish~idrainage patterns or systems over or
through any lot or common area or any'adjacenl'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. .. -..o:,-;z' . -j'
".':;
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I Stonn wa;er sewer laterals have been reeJillred'a!ld'extended to. each 10;;e.. bnveyance of .
;.l:.oofdrall~s, b.l'I1d,ing fOUI;ld~tion drams_ang.p.nyate,pr9}'!:.'1Y surfacedr_ama~r4-tl{S J' f3.C,; _ II' '., ")-
~~:;:'~~, D~i,!~~7t; ~M(~.~f:J,~~oftj:::~~f:~/Q{I~(;;I;:J1!;y_ '.
A priv~te Storm Drain~ge-Easement is desjgn~;~J;;~:'ili:;pJ:;:;hXis'located'acro~s\-:~, - . .. _.~~'~;; T.r~:~~:-;.;'.. '," OK
portions of Lots 107 and I OS and within adjacent.'offsite,easement' described in separate -' .,.:CCC;:::.' '.-' .'" .+... .
, .~..w'o;. .~.;_,_.. ~'..." '-
recorded documents. It is a.private stormwater eas,ementrNdimal routine maintenance'of
the Drainage Easemenfisthe responsibility'ofth~~if~~i'cif.ih~cl6i-,uponwhich"it is'".. -.
located. No structure, fence, planting, or other.materialJptaJ:Q1~ay damage or-inter.f~re'with
the installation, operation and maintenance of.~,~QmLQ[illl}~g~,J~c;:il~~ies, that may redirect
drainage to outside the easement, or that may-obstruct-~or-:fetard.theflow ofwater:through;
.drainage channels in the easement area shall be .pl~~~io~,pennitted:.to remain within this .
easement area. All effort shall be made to avoid'illlowing any:petroleum-based:products
or other 'hazardous or foreign substances fromen.tering:.or:c6ntaminating,the area of this
easement. Vegetation shall not be disturbedex.ce~tas.necessary for landscaping and
- . - ~.~- "
.
.
maintenance, to reduce fire hazards or to control noxious and invasive overgrown
vegetation such as blackberry vines.
~lU~t.Al'iJ!~
.
The entire master plan communit\' of MountainGate has received approved oennits fi'om
USACOEiDSL for fill and mitigation work which are on file with the City of Springfield.
Lots 50 - 51
As olthe 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 reoort is in
effect. anv disturbance ortlle lot'; cannot occur within the delineated wetlands unless a
.ioint DSL/USACOE permit is obtained.
....:.
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ri vitO J
SUPPLEMENTARY
DECLARATION 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 (f~"", <loJ tU&/ (/(IStl:",!11e>- )
AND ANNEXATION TO MOUNTAINGATE SUBDIVISION
("Supplementary Declaration") is made 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 l-l.W j~c.lusive ,a!1d SP9"'",_ qn th,e_ ti~alp)~t_ ,!,~p ..,' ..{ Deleted: 29
of MOUNTAINGA TE 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 ("MOUNTAINGA TE WEST")
B. MOUNTAINGA TE WEST is part ofa 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),
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 MOUNTAINGATE SUBDIVISION was recorded on May 10,2005
in Lane County Deeds and Records at Recorder's Reception No. 2005-033764. The plat
contained 71 lot. and the owner and declarant of MOUNT AINGA TE 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 Lane County Deeds and Records at Recorder's
. Reception No. 2005-033770 ("the CC&Rs").
",:
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D.. The Original Declarant, in the CC&Rs, created a nonprofit corporation, The
.': MountainGate Lot Owners Association ("the Association"), whose members are all the
.-,', . owners of Lots within MOIJNTAINGA TE.
- - ", . :;"*-:-..-r;'- '.::.
- ,.' .
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. . E. By adoption of this. Supplementary Declaration itis the intent of Declarant and.the
Original Declarant.to annex MOUNTAINGATE WEST to MOUNTAINGATE and to
adopt the terms and provisions of the CC&R's
. -. ,1',,1" .. ~:J'
.~ <~: ':""::.
..,""_.r,.'-....
It is the intent of the Declarant and the Original Declarant to include future owners of ,I Deleted: 17
Lots described and depicted on the plat of MOUNTAINGATE WEST (WEST ,',{ Deteted: Jl
MountainGate West Declaration ofCC&Rs - Page I of l1,,___::'-
After Recording Return To July 24, 2006 .
Lane County Surveyors
.l,;!,_'"
.
.
OWNERS") as full and equal members of the Association, prior to turnover as hereafter
described, for the purpose ofassessmentc; and the enforcement cfuse 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 improveinent 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 MOUNT AINGA TE 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 MOUNTAINGA TE WEST or any part
thereof, and which shall inure to the benefit of the Association and of each Owner.
ARTICLE I
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:"
.\. Lot shall.meari.a platted lot within MOUNTAlNGATE WEST. Except as may
.hereafter be stated or distinguished in this Supplementary Declaration, all of the terms
defined in Article l.ofthe.CC&Rs shall mean, refer to and include all dIe platted lots and
. Owners thereofloca!ed within MOUNTAINGATE WEST.
2. All references. herein to the '.'Architectural Review Committee" or "ARC" shall mean
., anc~ refer~(tthe,D~~lar,!nt.or:'any.-committee created by the Declar.ant until turnover, as
described here~Et"f,sh?uld occur. ... .
.'...1"""---.... _
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ARTICLE 2
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-
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,..._,:':j:;~!-_~~,E,~T~SUBJECT TOTlIIS DECLARA nON.
~._ -'Cio~.4":'f'.:_.":>. ,'. -_' . " .
The terms.and;pro\jsions.ofARTlCLE2 of the EC&Rs are hereby adopted and
. .in~orporat,e.q,,h~t~jl!,._~,~Cc:Rt.(O.r and with the fol1o~ing chang'es:' . 00
:':,';:l~_.,i'\;<~"'." ~.-:-,
1. MOUNT AINGA TE WEST. DeClarant and the Original Declarant hereby declare
that MOUNT,AINQATE WEST shall be held, transferred, sold conveyed, encumbered.
~ Deleted: 17
: < ~Ieted: 13
MountainGate West Declaration ofCC&Rs- Page 2 ofil~""
. July 24, 2006
After Recording Return To
. Lane County Surveyors
.
.
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, Statc of Oregon ("MOUNTAINGATE WEST")
ARTICLE 3
OWNERSHIP AND EASEMENTS
The terms and provisions of ARTICLE 3 of the CC&Rs are hereby adopted and
incorporated herein,<:xcep! fo.r an.d. ",itl1.tl1~ fol!o.",ing. a~diti"-flsc _ _ . . . . . _ . _ . _ . . . . . _ _ _ _ .., I Deleted:
Private Conserl'ofioll Easements. Conservation easemenl" have been established on the
Plat ofMountainGate and are located upon portions or LOIS 7.19. 78.84. and 116.127.
, 111c Conservation Easements on lots 124-127 will overlao the 15 foot wide orivate
sanitary and stann sewer easement prop-osed on the PIP addendum and allow for initial
installation orllle utihties 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 oroiect cTH!ineer and forester shall observe the installation and field locate
service stubs to each lot that ~educc imnact to trces, Surface structures. nerimeter drains
or other private stann water protections mav be deemed necessary by the !leo-tech during
building pemlit review and shall onlv be located with "least impact construction" within
the easement as aporoved bv the City. - These easemel1ts -lla\'e~bee;l.es'tcibiished to - '. - -.~, "..
preserve the natural vegetation and character of the norlh"ern:'ncEieline l5ou.ndarv of the
development nrimarilv to Drotect viewsheds from lo'wer elcv~Jtioils tov.'ards the nOl1hern
boundar\' of Mountain Gate. No structures. includinc decks. nOf{.',hes:" eaves. (:tc. shall be'
located within these areas exceQt fences. Retaininl.! stmctures reguire~ to maintain the
stability ora dwelling on a lot or to orevent soil m'ovemen'. rrlaV'be'"allc)\ved'j( "
recommended bv a geotechnical engineer or stJi.l(~tui.ai'e'ri"I.Hn~?'il-cteri?~14~'in':ili~~Statf 0(..;; .;~ ',--'
Ore2:on and if specifically aporoved by the Soringfield DeveloDiilent -SenJices . ~
Dcnmimcnt. Any such 'structure shall be dcsil.mcd to intrude the 1~~~t,~l()unt possible.
into the Conservation Easement area and to anproximate natur?:j_~r~desand maintain" .,'
natural vel.!etation. No native vCl!etation. may be removed fr6nYv.-;it"hin~hlese 'areas except -. :', ~
as necessary to meet fuel break standards for" fire 5rotectioir.an(fiais'ea;~b'"dol. chilll!er'trees ~~~'._ ;::,~. ,
as determined by a orofessional forester. arborist or other cerl~fi~1flands'~aD~e_Drotessional . . ...... ~. "
("Iandscaoe professional") and aporoved bv the CitY.Dis'ease(fan(raaiig~r trees tobe _--~. t:;~\:
removed shall be shown on the initial building pennit ~ppfi~fitjg-;r~'~t>ffiittafio the Ci"li~
with a landscape orofessional's written opinion identif\~itrg-tli'~.!?Jature~o(ii1e'hazard or
must otherwise he authorized for removal throu!!:h an indeneIid~'iii:tre-;?tellihg Detroit
issued by the City. Trees and understorv mav be thinned and orlirie"d fo enhance their
health and aooearance and to meet fire orotectio":stalidards~"N~ililadve\'eQ.etation
includinQ. blackbelTies. scotch broom and i\lv mav be reniovea:TIie"iise of herbicides
~ Deleted: 17
within the Conservation Easement is limited to aODl1cation to individual nonnative olants.
//: Deleted: 13
MountainGate West Declaration ofCC&Rs - Page 3 of II ,/"
July ~4, 2006
,J, '
- "~. <.,"
, ,
After Recording Return To
Lane County Surveyors
.
.
Broadcast application is strictly prohibited. Use ofheavv equipment within the easement
area is limited to the minimum necessary for Demliued tree removal or utility
maintenance and rcpair. FenciJH! is allowed within the Conservation Easement orovided
thai it is not a solid fence such as wood or block hut consists ofwrouL!ht iron or other
open 'fenet))\..!: materials as am~roved bv the Architectural Control Committee: The fence
shall be oem-reflective and colored to blend in with the naturallandscaDc. Black is I
oreferred: white. "cUm\'. red. blue and other briuht colorim! is orohibited..Fencing 10cated
within the Conservation Easement shall be installed such that it does not 111103ct healthv
native trees that have a diameter at breast hei!!ht (DBH) of five inches or greater. This
maY be accompli~hcd by offsetting ~ections of [encine: at right anl.!les to include or
exclude trees from fenced-in yards. Fence post.. shall be nlaced at least three feet fro111 the
tree at breast height and shall be placed to minimize root damage. Fencinl! shall not be
attached to trees. Maintenance and repair of utilities and access for SLIch purooses \vithin
the Conservation Easement is allowed provided that care is taken to orevent dama!!e'to
trees.
Private Vef!etation Easements.
,t.'
Private Vegetation Easements have been established on the Plat of MountainGate along
rear lot lines and arc located unon Donions arLots 20-28 and 72. The- goal within the
ease-mclll areas is primarily to retain or create an internal buffer of trees alone. internal
property boundaries. This maY be achieved by pruning arid shaping existim!. healthy
trees: by thinninl!-vounl!cr existing trees to encourage 2:rowth into healthy. Dronerly
spaced mature trees or bv planting ne\"".' trees. Mature maple trees \vith broken toos rnav
be removed if replaced bv an acceptable replacement tree. Othef\I,:isc. the trees shall be
pruned andshaoed to improve their health and appearance. Diseased. defonned or danger
trees as detemlined bv a professional forester or arbons! 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 bv acceotable replacement
trees at a maximum spacing of thirtY feet as shown on a renlantimr plan submitted \\'ith
building or LDAP-oennits and approved bv the Citv. Removal of more than five trees
greater thall-five inches in diameter at breast heil.!ht shall require a Tree Fellioa Pennit in.
accordance "iih Article 38 of the Snringfield Development Code. No snuctures shall be
located within these areas exceot fences and retaining structures that are required for
founda.tion'or'soilstabilitv. The design and placement oranv retaining structures
recommended 'by a geotechnical engineer or structural enllineer shall be placed to
minimize intntsion as detemlined bv the City and included with the initial building
permit.aobliduion submittal to the City.
. .- - ~ . -,
. .
'. ;:;: ~'.".;:......~~'~~f; '::."_~-i "':". .-.~ ..;...
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:' . ~'. :.~t:~~~?'~ ~:C:~.:-~'-~'
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. '"
" Deleted: PubliC r'o;1~'e"rt~ti~~ r~~m;;U
The public cOr1Serh;lion~semeiliSas.~},'"
'" reflected along the rea'r of lots 9.11. 20-
9. _ ___ __u - --- - -- - - --- - --- - --- - --- - 28and74.77wmhave'lhe'sarri'~':':~":'
restriclions as shown in sectio,d.2:i..-:;:.
'.PrivateConserV8timi'f:.a:>e;nents"ofthe
CC&R's of the original'MountainGale
subdivision. 1 - -'. '~-'.' .
I ..:.....
" Deleted: 17 ...
~ Deleted: 13
MountainGate West Declaration ofCC&Rs - Page 4 ofll //""
July i4, 2006.
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After Recording Return To
Lane County Surveyors
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ARTICLE 4
LOTS AND HOMES
The telIDS 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 unreasonably
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 Common Areas are exempt from such review
and will not be considered an impairment 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'impairnlent 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 allo~<?d for correction due to weather condi~ions or-requirements of
,-~'-r:' ~.;:.'''' ~~:' '~agovemmental review process. Either the Ag:grie,/ed,Owner or the
..' .. '~!'-\1''l~':;'b1i'';f-",Resp'ondent l11ay, apply to the Board of Birectoys (~oan:l) of the
-. ,,:~_ ':2,.:::1 ,i._ ;~~7:A~so.Ciation for either a fomlal hearing or a request. for a detemlination
':',"'i\(';.f!:rf.-"'1.:\liiiiiout a f6rinarhe1iring by the Board. The'Boardjshall issue its findings
. '''''c';'.;;~;;~~~i'?~iifiiri'thirty:(30)days'following the receipt.ofsuchrequest, unless written'
-_::(~;~::":~f;;,~~'~~i';~~*~~9\ice 'is given ~6,:both'parties by the Board,extenqing,.the review period
'.~., . . .;....~;.:~::-;~~~~~#t~:~~i.;foI~n~o~.~q~e- tl1an_~n ad~i~i?nal thirty (30Y-days-du~.:to circumstances of
-:: ~--"l::~!-:~~:;:.fr:'t~lie.revlew process. . ~~ . ." . ,:...
'~~L;fl;{~':i~~ri~;r~~~r;ri~ its dec;:;~~;th'e'Board O~Di~:cto';s:ay,;n its sole discretion,
.~::'~~~~::';~~::~if:f,;1i~~;~~'tojr.t?ct,by written notice,to both parties that (a) no action be taken, or (b)
",' '_; ,_...._i~~.i,,;;~;:iti-;)hat,the obstruction be partially or completely removed or otherwise
.. "." ''''''c,::,,/. ;"modified. If the Respondent fails to comply with the directive, the Board
," <_'~~~,";~';';.~~:f+~B~..:':!,'~;~~ofDirectors shall have,'in' addition to any other rights or remedies"
. ::.:.:;,":~:;:~>:'." provided in this Declaration, at law, or in equity, the rights described in
. "" O~S 94.777, including the right of the Association to take corrective
I
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MountainGate W'est Declaration ofCC&Rs - Page 5 of il_
July 24, 2006
~ Deleted: 17
./: Deleted: 13
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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 matt~rs
shall be final and binding on the Owners in question. Ifthe Responderit 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 arRear Slopes
The fear slopes oflots 40,41,45,46,50.52,54,56.61 that abut Tract '~~ !!nd !Qe re.ar s~oJle~ _.... .1 Deleted: B .
oflots 8.a:97. th!!! abllt.Tra.c! ~B~ and .the rear slopes of lot' 98.10 I that abul Tract "C~'p __...j Deleted: 7
shall have a private blanket easement along the slopes which runs from the top of the- --j Deleted: 97
slope to the toe of the slope on said lots for the benefit of the Homeowners Association to
maintain/access ~,!i~ _s.!<?'Qe_s.: _~o d~s.t~r~)~1I1c.e: \\'iIl be aJl~}\~'ed to the!!r~de_ \If ~aig slones _ _ __ _.- -{ Deleted: and/or beautify
besides standard HOA anoroved maintenance and olantinc-s. 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
.,.~.,.j,
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These lots will reCluire a to' foot setback adiacentto,the:,orivate drive_to orotect drivewav"- -;: -. - -{ F:ormatted:, Left
stabilitv. Setbacks maybe reduced to 5' feet with a GeotechnicaLreoort.addressing the
structural stabilitY of the orivate drivewav~ _ _ _ _ _"_ _.; _'__,_ -~ ::..~ _.~'_"':..':_'_ _,_'~ _._:'.:.. _.,:' _ ~_ -c':':'" - - -1 Deleted:,
il' :_('~. . '..'r . : .'. . , . .
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r, -'''' ,
, ':, :.., , .' _:.._:__':";.... ...L;~;~"" 'II . .
DEVELOPMENTPLANFORMOUJi/tA:iN'Gf\1'E'S,DBQIVISION' '-," .' .:...:.:;".,<....
.. .~;._~c;:~~.f'::~~"~,-;rr$:,:f::.:t.~.~ _u . .,,~.-,.;; ..:.~r";:'-""lO::>
The terms and provisions of ARTICLE 5 of the QF&R~ia"e;lie~~oy';fep'la~edand';"i""0''"'''' '",;;.,.c.e:...,
d d' th' t". ty' b th fi II . .' ,'.' ""c'';;" H"'~...,... . """ ". , ',.-.
superce e In elr en He y e. 0 owmg..~ _:'}~('::';~~~-r:.~ft...,:;t; '... c__,"': ".-. "..,\~~-.~~.;,C~_.r~'~
.-:,-'~-:-j~~:~::,?:{"[:::,:~:,:!~~~,:~';;l, ;.::. -'''r~ ',.-..,. '0' 't.
I1.:'QS,;'imt'!f:;;~;~jr::' '.
'- "~f.'~F~f~:;;;1~:;.t"s';!(l:"::,.:r:w'r ,;.:'::, -;. '-:':.:-r.";t"':"i~-:'~'.;:' .
MountainGate West. which was ap TOV the.Ci. .of<S rin field'as'Phase 4A..8-&8. .
'of the Master Plan Pro ertv consists 129 1 ts.that-'ha\'e:be:en a' roved as a resjdentjal'~
subdivision under the rovisions of 'm lGate ~1asier Plan A roval -Ci File-95-;-.:.
02.003 9) and Springfield Development Code (SDC)'sialldafdscontaiiii:d ill SDC')\fIie]e
35 Subdivisions. SDC Article 38 Tree Felling. and sDG".Article 26 Hillside . ',1... . .
Development. This doc-ument satisfies the requirem~~ts ~f;th~, Hillside DeveloDme~t and
INTRODUCTION
\~'_~:;-.: -'::..";r;' ~!:~'~.
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. After Recording Return To
Lane County Surveyors
~ Deleted: i 7
/ : Deleted: 13
MountainGate West Declaration ofCC&Rs - Page 6 ofl1.--,,:~"
July 24, 2006
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Master PlanaoDfOvals for a comnrehen~ive uH illside Develonment Plan" for the
subdivision to guide the construction of d\vellings on the individual lots. This olan
incoroorates the referenced revolts reauired bv the Hillside Development article and the
City of Springfield. Develooer. and future owners ,,,,ill use the an proved Hillside
Development Plan to assJII~_lQat the tree felling. grading, constructi.ill1.jH1Q_..:fi.LlJ!~J~s~ will
conform to subdivision conditions and orovisions of the Master Plan requiring the
orotection of trees. draina!:!cs. and slones.
The Hillside Develonment Plan includes a lot-bv-Iot description of conditions that will
aft-eel the design and location of structures and drivev,ravs. including snccial foundation
requirements on some lots. Individual DIot nlans will be attached to the initial conveyance
deed, The olan also includes general guidelines for the entire subdivision contained in
reCluired reDorts and linal olans. including a Tree Preservation Plan and Fire Protection
Plan. The stTtlcture of Ihe remainder of this document is as follows:
The Develooment Plan is on file \",itl1 the City and consists ortlle following comoonents:
. Develonment Plan Man (Scale I" ~ 100')
. Tree Preservati9n PI~ll
. Fire Protection Plan
. Geotechnical Requirements
. Grading, Slones, and Drainage GuideJiJ?es
.... -- - '-i Formatted: Bullets and Numbering]
'TREE PRESERV A nON PLAN
. "
.~ ,'c" , ~,t o',~, ,'.
-'" "',"'--_.
.-.--,-,~" ,~~.
. 'The PllIRoseofthis_RL'Vl is to sumrnarize and i.molement rileasures illillpJ.ed to mJ!tnl<!!n'
. - , the aesthedc and erosion control value of trees and native. vegetation \\'ithin.-. -
MountainGate 'Vest as 'established bv the aporoved tree felling oernlit. the final forester's
,reoori: Hillside Development Plan. and relevant Springfield City Code standards.
" '..,., ....~ "'.. -. ',:.,
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.. '~:Tree Remm'al- General. Springfield Development Code requires that a tree felling ,'.-: :.;.~. ~~ .~,%.,~~~,~_':~,';.':;:,~,_~;:~...~f-:t.,'--,;."',':, ,
.'pe"fulifbe"6btained for the removal of more than five trees ,'gj'eater than fiVe' inches :ii1 - ',,' .-
; ;- '<... ci131Tleth: '\Mltliin this phase of11ountainGate a tree fellin!! oennids not required (oj. tiie' ..,', '.'.~l"!~'~:~~~"::~'''' ,,:.:.,~.~:>J;:._:.~ : .
~a: -~'lIiih1ih'emovaI of trees from a lot that is required to construct the"dwellu1-e::drlvewav or ';' ~ ~', 1':'.;;0-- :;t.~~:,:~[~!;~~'::~~c'~--"-:~l:.. ,': ,,;,~:...
, . '.:~:d~~;~;:~~C~~~:~ :~ ;:~~:~:~e f~;t~:~i~~:~~a~I:~~,~;r:' ~~ ~~:rt~e~7\~:: ~;~t~~:~t~;'~~~~--_.'" :~~~~t~;;;~:':': :' ' .
five inches in diameter, Additional restrictions for tree removal exist within Conservation .' : .';~::~~ti;"'J."';i;" ..
. ~'Ea'serrien'ts mid Vegetation Easements as described below. ':'i.:.;,~.,;1~~~P;~;:Jl!~;I?:";'~'2:t.
.-'.
"_.t,.,_
;;pi~ivate Cohservatioll Easements. Conservation easements have been established on the' -,").
'Plat of Mountain Gate and are located upon portions of Lots 7- ]9,78-84, and 116-127,
The Conservation Easements on lots 124-127 will overlap the 15 .foot wide private i'
sanitary and stann sewer easement orooosed on the PIP addendum and allow for initial
-installation of the utilities and future maintenance. The initial installation shall be clone
"~- ;,
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Lane County Surveyors
, 1 Deleted, 17
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'1 ';. Deleted: - J3
MountainGate West Declaration ofCC&Rs- Page 7 of 17.0':;--
July 24, 2006
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with least impact construction nractices and in a manner that reduces the number of trees
imoacted. The proiect enu:ineer and forester shall observe the installation and field locate
service stubs to each lot that reduce imoact to trees. Surface structures. perimeter drains
or other orivate'storm \vater protections mav be deemed necessarY bv the [[co-tech during
mlildingJ:.!ennit [e"ievv' and.._~h~ll.QDJy beJocate~d with "lea~.t impact consIDJ019..1)". witllin
the easement as aooroved bv the City. These easements have been established to i
oreserve the natural vef!etation and character of the nOlthenl rideeline boundarv: of the
development primm;]\' to Drotect vicwsheds from lower elevations towards the northern
boundarY of Mountain Gate. No structures. including decks. porches. eaves. etc. shall be
located within these areas ex cent fences. Retaining structures required to maintain the
stabilitv of a dwelling on a lot or to nrevent soil movement may be allowed if
recommended bv a geotechnical enllineer or structural clwineer licensed in the State 'of
Oregon and if specifically approved bv the Springfield Development Services
Department. Anv such structure shall be designed to intrude the least amount possible
into the Conservation Easement area and to armroxinwte natural rrrades and maintairi
natural verretation. No native vegetation may be removed from within these areas exceot
as necessary to meet fuel break standards for fire protection and diseased or danger trees
as detennined bv a professional forester. arborist or other certified landscaoe nrofessional
('"landscape orofessiona1") and approved by the City. Diseased and danQer trees to be
removed shall be. shown on the initial bui]dilH! oermit aDDlication submittal to the City.
with a landsc3ne professional's written oninion identifying the nature of the hazard or
must otherwise be authorized for removal throw!h an indeoendent tree felling oermit
issued bv the City. Trees and understory may be thinned and omned to enhance their
health ana apoearance and to meet fire orotection standards. Nonnative vegetation
including blackberries. scotch broom and ivy mav.be removed. The use of herbicides
"'within.the Conservation Easement is limited to'aoDlicationto individual nonnative olants.
~.., ;'Broadcast aoplication is, strictly prohibited. Use,ofheavv equioment within the easement
.,'~.. . j,area -is'limited, to the minimum necessarY for nennitted u:ee removal or utility
,'maintenance and repair. Fencing is allowed \vithinthe Conservation Easement nrovided
that it is not a solid fence such as wood or block but consists OfWrOU1!ht iron OJ' other
. ;'.! "'oDen'fencilH!materials'asam~roved b.,y the AI'c.hitecturaLControl Committee. The fence
'!"" ;..ft":!?1~; {.~shaI I: be'; nonreflective. and 'colored. to; b lend-.in :\.vith: the'natural. hmdscupe, B lack is
'. : "~"'~ ~?re~ene~:"y.:hite. yellow. red. blue and other brig~tcolorin.g is prohibited. Fencing located
. " ~t ~.I';:~ ~'~:\\~iiKii').'ine'~C(rnservaiion' Ea'sement shall.be installed 'sucll'Ui"at it, does no! inmacl healthy
....-.:: .'~~ ~{nativertrees"ihat have'a"diameter at breast heict'n fDBH1.offive inches or greater. This
. ~n1'(J"!:-be~accomp-lisheJ;libv.off.,;;etting sectiQ.!.!5_J)(fehcing at'.right angles to include or
'J~. ~';O~:il ~exclude,:trees'from fenced~in_vards. Fence posts sliallb~;olaced.at least three feet from the
~,..~~~;: ~:~'tiee:aiDieast heie:htand shall be placed to minim{ze.'root dam.age. Fencing shall not be
c<:/'{':7.~ ~T'aftiiched',to trees. Maintenance.andreoair of utilities- and, access for such purooses within
:-";'t~J'~:;'~ ~~~:the'oeonSer\latjon.Easement'.is'allowcd orovided.that.care.is taken to prevent damage to
'.~:'~.~1~~: ;~~:~~~~:~:~~.~~.g.~. _~ '< ~ -". "~C~~ I, .,
:' ~:,~:.;;:;:; ~.prF:Ute:'VeI!etation Eiu;ements._~ .
si.:;.~.::>_~'. ':~ : ,,: .' ..~. - ./' :".. . .
~~pii.\'~t~:Vegetation Easemenis.have been est~blished on' th~ Plat of MountainGate alon~
",.~~~!>{9~ lin~s and are located U1l.Q!!j)oliions of Lots 20-28 and 72. The goal within the /{ Deleted: 17
_. 1...1 Deleted: 13
T ." . MountamGate West Declaration ofCC&Rs - Page 8 of.u.. /;...
. After-Recording Return To July 24, 2006
Lane County Surveyors
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easement area~ is vrimari]\! to retain or create an internal buffer oftree~ along internal
pronertv boundaries. This mClV be achieved bv nruniIH! and ShaDing existuH.!. healthy
trees: bv thinning younger existing trees to encourage growth into health\'. oronerly
soaced mature trees or bv olanting new trees. 1vlahlre manle trees with broken tODS may
beL,,!novedJi@JJj,~ced !2yan acceptable.r.!eRlace!nent tree.. Odle!:wise. the tr~es shalLI:>~
pruned and shaned to improve their health and aoocarancc. Di~eased. defoll11cd or danger
trees as detclmined bv a orofessional forester or arborist should be removed. Grading
may occur within the easements as necessarv to establish a dwellinl2. or retaining walls.
orovided that where native trees are removed thevare renlacedbv acceptable reolacement
. trees at a maximum spacing of thirtY feet as shown on a renlanting plan submitted with
buildine: or LDAP oennits and anoroved bv the City. Removal of more than five trees
greater than five inches in diameter at breast height shall require a Tree Fellin!! Penuit in
accordance with Article 38 of the SvringJield DeveJonmenl Code. No snuclures shall be
located within these areas exceot fences and retaining structures that are required for
foundation or soil stability. The design and olacement of any retaining structures
recommended bv a geotechnical em2:ineer or structural elH!ineer shall be placed to
minimize intlUsion as detemlined bv the City and included with the initial building'
oenn!t application submittal to the City.
Street Trees.
During the subdivision orocess certain trees and tree grouoings have been orotected for
potential aualification as street trees that will meet City reuuirements. There are two
street trees shown on the Develooment Plan man that are to be retained as street'trees.
TIley are located on Lots 48 and 50. These trees "Jiall be protected durin1! hcluse and
driveway construction and preserved as' street trees; They:mav notberemoved'unless
detenuined to be diseased or danger trees bv.'a,professional forester_Of arborist.lf'
removed thev must be renlaced bv street trees thaLmeet'C:::itv standards.
". .-,..........,....---,..-
Other individual trees. tree clusters and tree llroupings located close enough to the street
curb could qualifV as street trees ifnot damat!edo[',removed:\vith'house and ddveway
vlacement. Gcnerallv trees \\'itl1in 20. feet 6i~street~rit!ht":of.,.wav;mavqualifv'as'street -'
trees. Grouoings of trees even beyond the 20 foohdistance-mav'.be retained in lieu ofCiN
required .street 'trees <ilonQ the lot sl~'eet fr6}lta~es~-tI--I'atdwo(:)d-~tre'es;,'rriUgt .oeOlocated at least
5 feet. alld conifers-mllsrbe 10 feet behindc'lll'bside':side\valk.~:' Street trees7.should be 10
to 20 feet from street lights, Specifjc:smridards':regulating'ithe use of;cxistirlgjlative ~
as streettrees are c.ontained :iri Section, 6:of fheCitvof SDrin1!field'Design, Standards and..
I'r^cedures'1anual. '; ':;;.'.~>~'l'"ft-.;.:.:f;.-fr';:_. . -." .: . . -.. ,.
'-' n . ~.>!f<.!-:>:'":';"'~'!~~::'_-+' . '.l'~';'.:-'
.~,~,' -~t~~;;~:g;~~l~~:~~:;~~:~~"-~~"~' .t~ . ;~~~~-,:~-',~:"<~. .
Accentable Renlacement T,.ees/Plantillf!Stan1dj;ds.::::~.t.;:-.-,:" .c' . ..
. '~:':i?;..~i.~;l.:;':'..,.:7'\~,fA.,.:'!.=;:'~ - - . -....
Trees replaced ~'ithi11 the priva'te Consen:'atic;h~Easemeri'ts'as established on. the Plat of
MountainGate shall be 'of a native snecies soecIfied-inf'-hillside develooment-in Section 6
of the City ofSnrimdield Design Standards'and~P.rocedures Manual. Treesreolaced'
lYithin. tl~:e ;?rivate Vegetation Easements as, e~t,:bl,i.she~ olnhe Plat of Mountain(!Bte nm
." .., ""'" . ,~...
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After Recording Return To
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~ Deleted: 17
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Mountaind~ie West Declaration orCC&Rs - Page' 9 of.!1.- };--
July 24, 2006
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be selected from the entire list of street trees contained in Section 6 of the City of
Soringfield 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 Durin!! Con.fttl'uc(;Oll.
Durim! 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 fencinll shall be nlaced betv.teen Conservation
Easements and the worksites during construction. Construction fencing shall also be
placed to protect: Ve!2:etation Easements that will not be altered v,rith house, drive\vav' or
retaining wall construction. Silt fencinf! may be substituted for standard construction
fencing \",,11en located to serve this dual Dumosc.
FIRE PROTECTION STANDARDS
Due to the forested setting of MountainGate, certain fire orotection measures are reauired
to helD orotect dwellings within a forested environment from the dangers of wildfireland
enforced by the Homeowners Association. 110untainGate has been designed and
consttucted so that all dwellim!s \J,iill be located in close proximity to fire hvdrant" that
are to be used for fire orotection. Unless othef\vise approved bv the Springfield Fire and
Life Safety Depmimenl. dwellings shall be located within fitly (50) feet Dflh" public
street. the private ioint use access roads or orivate.drive\vavs constructed to standards that
, will accommodate fire fighting apparatus. In addition, IandsC30ing within the lots should
, establish fuel breaks around the dv,relhngs that discourage the spreading of\.vildfue. Fuel
breaks may not extend bevond the boundary of the affected lot unless an easement exists
UDon the adiacent property that allows for such use. There are two levels of fuel breaks
. based UDon proximity to the dwelling:
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.; ~:Pr;mart' Sufetv Zone. ,.
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~,vhe primary safety zone is a firebreak extendinl! a minimum. of 30,feet in.all directions ._- \ '::..:i~;~~:;.E1~;!j;'~~-:1~-=~~~' _"_:
around the dwelling exceot however that it shall not extend into a Conservation Easement'. ,":'~:::1~":.~:.:'Ht-~:r:--<i:~~:"!-.:: ,- _'W
:,'o'r Vegetation Easement. The goal within the primarvsafety zone is to exduge fuels,that-~.:: :. .J.~~r.t{,:';P;;r.-"''i';~':'':'.:- " , ,.
;,:\vill produce flame lemzths in excess of one foot. Vegetation :within the orimarv'Safetv. -'. - ">f~{: ....".,..~,~,~.. --~_. !;-....
.zone could include ureen lawns. lo\v sluubs, individual trees and tree grouomgs. \Vhere '::;'f'::.~;::~~:.f:.{:~~~~:;~:~~~::
~: continuous canopies exist. trees should generally be sOliced with grea'ter than 15 feet - .......,.; ....~~~.:;::~~ I
'~between erowns and oruned to remove dead and low bf'dI1ches. ~: ..;.:#;s;~)"~W''%;:::,r=':=?'~'~'
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The secondarv fuel break extends a minimum of 100 feet downsloDe:fro~ the primary"
safety zone. The 2031 of the secondary fuel break is to reduce fuels so that the overall,
intensity of an\' wildfire would be lessened and the likelihood of crown fires anq
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After Recording Return To
Lane County Surveyors
.- ---,;-.'. .-
> ':,~ Deleted: 17
. /,,' Deleted:]3
MountainGate West Declaration ofCC&Rs - Page 10 of ll_);<"
July 24. 2006
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crowning is reduced. Vegetation \\'ithin thesecondarv fuel break shall be oruned and'
paced so that v.'here continuous canopies exist: fire will not soread from crm\.71S of trees
n the secondarv fuel break to C'roWllS of trees in the orimary fuel break. Due to the
imite-d area affected. JaHre healthy trees within the Conservation Easements should not
be ren19~ed-for 1l!!ffios..es offir~J2rotecti9n. Small trees and brush growinR-underne:~th
arl!er trees should be thinned or nnlllcd to prevent soread of fire UP into the crowns of
the lamer trees. Dead fuels that increase fire hazard fiav be removed. '
GEOTECHNICAL REOUlREMENTS
A. geotechnical report. titled "Eartll'work Summary Letter" and dated Julv 21. 2006. has
been preDared bv Professional Service Industries. and is attached. It provides gpeciiic
ecommendation for the use of geotechnical review aoorom;ate for each individual lot
development. An evaluation of the buildim.! sites has been conducted bv a PSI engineer
durinu grading oDerations and the attached renort lists the geotechnical investigation'
eauirements specified for each lot. Specific requirements shall apolv to initial grading.
10me constlUction and ongoing slope orotections.
n hillside locations the City of Soringfield reauires a reoort from a geotechnical engineer
o be submitted \\'ith aop]]cations for a Land and Drainage A heration Pennit (LDAP). In
Phase 4 of MountainGate details within this initial reoort \,.,ill varv deoending upon
vhether the lot requires a Level I or II geotedmical investigation and upon the initial
findings of the engineer.
: "C'T'~-, -..! .."'
Vithin the Levcl hategoly(Lots 7-23. 29-34.40'61. and 74-101 ). neither extensive
grading nor a_site-spe~ific geotedmical investigation is exoected for foundation desi"gn
prior to constmction. However. the engineer should examine back2:fOund reports.
ohvsicallv examine the site and revie\\' proposed house plans. The initial e:eotech reoort
nav.consist ofa statement that the house plans submitted confoml with site conditions
hat.1imit-investigation to the standards for the Level I review.
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Within the Level 11 categOry (Lots 1.6.24-28.35-39.62-73. and 102.129) a site-specific
geotechriical.in\lestigation is required foj. each;\ot:meeting building dcom1ment standards.
mlc'results'and:reconllhendations are to 'be' iricluded.with the buildint!/LDAP oermit .
ubmittat;~-rhe-inve:llti!!8tion and the,reDoIbhOlj.1d,a_ddL~li:5 Levell concerns such as
lllstable.ground..soft/wet.soil conditions. "expansive soils. cuts/fills. and retainiTIll walls.
n addition to'anv sDecial conditions affecting a oarticular site.
"t."
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\Vithin botlrthc"Level I:and IT categories a.'l!eotechnical en!dneer is reauired to inspect.
le site and fouugation placement dUl;m.!. constlUctlon and to issue a final written report
n accordance with, PSI standards.
"
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After Recording Return To
Lane County SUlVCYOrs
1 Deleted: J7
/:':. Deleted: 13
MouritainGate West Declaration ofCC&Rs - Page 11 of ll_,:--
July 24, 2006
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I)RAINAGE
Noninterference of DraillUfle.
There shall be no interference \~:iJ:h the establh'ihed draina~nattems or systems over or
through any lot or common area or an\! adiacent Droner!V unless adequate alternative
orovisions are made for orot"'ler drainage. TIle telm "established drainage" shall meanl the
drainage swales. conduits. inlets. and outlets desij;med. maintained and constructed for
MountainGate.
Storm ,vater sewer laterals have been required and extended to each lot for conveyance of
roof drains. building foundation drains and orivateoroocrtv surface drainage.
Prh'ute Storm Drainufle Easement.
A orivate Stann Drainage Easement is desil..:rnatedon the Plat and is located across
p-ortions of Lots 107 and 108 and within adiacent offsite easements described in seoarate
recorded documents. It is a orivate storm\vater easement. Normal routine maintenance of
the Drainage Easement is the reslJonsibilitv of the owner of the lotuDon ,-"hich it is
located. No structure, fence, olanting, or other material that may damage Of interfere \\lith
the installation. ooeration and maintenance of stor[n drainat!.c facilities, that may redirect
drainage to outside the easement. or that may obstruct or retard the flow of water through
drainalle channels in the casement area shall be place or oermitted to remain within this
easement area. All effort shall be made to avoid allowim! allv petroleum-based products
or other hazardous Of foreien substances from entering or contaminating the area of this
easement. Vegetation shall not be dishlrbedexccotas necessary for landscaning and
. maintenance. to reduce tire~hazards orlo'control,noxious and invasive overe:rown
vei!etation such asblackberrv vines. ..
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WETLAJ"i I)S
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. The entire master. olan co~miunitv':~fK16GTitiiiiGih~h;s received arlOro~!ed oelmits from
USACOEIDSUfor fill and mitigatiOliworkwliicliiare'on'file with'thdoity of Springfield,':
Lots50'- 51..c
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.As of the time ofrecordinl! the DlatToFMountaiilGat'e\Vesl. a delineated wetlands reDOrl':
identified wetlands on lots 50'and 51,':';;~As~1(Sri1!!as;this"deJineated'v";etlands'reDort is in '-',
effect. any disturbance ofthe:]ots,cannot,o'ccur:within the delineated wetlands unless a t :-:
ioint DSLlUSACOE pemit is obtai~ed.:... .." , .". ..-.
~ - - - - - - - - - ~ - - -; - - - - - - - -'- - - - ': :--~~"- ::. -' :-.-- :.. ...: - - - - - - - - - ..:. - -' - - :. :: ~ - - - - - - - - - - - - - ~
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Deleted: Introduction. MountainGate'
W~sL which was approved hy the City of
Springfield as Phase4A. B & C of the
Master Plan Property, consists of 129 lots
that have been approved as a residential
subdivision under the' provisions of
" Mount1JjnGate Master Plan ApprDval
I' (City rile' 95-02-003 9) and Springfield
i Development Code (SDC) standards
contained in SDC Article 35 -
Sulxlivisions, SDC Artide 38 - Tree
Felling. and SDC Article 26 - Hillside
Development. This dOCWllent satisfies the
requirements of the Hillside Development
and Master Plan lIpprovals fora
comprehensive "Hillside Development
Plan" for the sulxlivision to guide the
cOllStruction ofdwcllingson the
individual lOIS, 1l1is plan incorporates the
referenced reports required by the
Hillside Development article and the City
ofSpringfldd, Developer, and future
owners will uSe' the approved Hillside
Devclopmcnt Plan to assure tm.t tree
felling. grading. constructioll, andfUlure
use will confoml to subdivision
I cOlldilions and provisions of the Master
I Plan requiring Iheprotecllon of trees,
drainages, and slopes, The HllIside
Developme'1ll Plan include's a lot by 101
dcscription of conditions Ihalwill affect
Ihe design and location ofslTUctures a~d
drivcways.includingspecial foundation
requiremenL~on somelols.'1
The' plan also includes general guidelines
for the entire subdivision contained in
requiredreportsandfinalplans,1l1e
slruclureoflheremaindcrofthis
document is as follows: ~
I, Tree' Preservation Plan
, 2:Fire' PrOleclioll Standards
. .:. _, _ J,.GpQ!.~clll1ical Requirements '.
i 4, Gradj1)g._ Slopes, and Drainage
'Guidelincs"il
:',
'I 111e,requiremenls oflhe Hillside
'1 Development Plan, induding individual
lot plans (shown in Exhibit "B"). are
hereby incorpornted into these CC&Rs. A
-copy o'f the' approved geotechnical report
is at~chedas Exhibit "A",'I
Tref'Pre'sl'rbtionPlan1f
, ,I. TIle purpose of this plan is to
- - i;~n';n;arize and implement measures
adopted to rnailltain the aesthetic and
. erosion control value of trees and native
vegeiatioll within the MountainGale West
as established by Ihe approved lTee felling
permit the fillill forester's report, Hillside
Development Plan. and individual
,Springfield Development Code (SDC)
standards,'
';,-o.e1eted: ~
{Deleted: 17
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MountainGate West Declaration ofCC&Rs ~ Page 12 of ll_:~'"
luly 24, 2006
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After Recording Return To
Lane County Surveyors
~ot,l39JFntnre Develoomen.tL _ __ _ _ __ _ __ _ _ __ _ __ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _.- -' -r ~el"ed: L.,,_SO-51~
I-As oflhe time of recording the pial for
I MountainGate West, a delineated
I wetlands ~port identified ",,:ctlands 0'0
., lots SO and 5]. As long as this delineated
wetlands report is in efTecl 3ny
distUrbance of the IOtSC3111l0l occur
Wilhili the delineated wellands unJessa
joint DSUUSACOE pemlil is obtained. ~
\ '1 ..- -
LOtlili6-12~
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DecJ~rnnt has the righlto re-subdivide
\ lots J 16~]29 or any portion thereof."i
.'" '1'1"
"rract
,The terms and provisions of ARTICLE 6 of the CC&Rsare hereby adopted and' DelOt.dO ~A"
incorporated herein except for and with the following changes, provided further thaU)>e _.
function and authority of the Architectural Review Committee{'tl)e ARC") asj,tre.1.ates'.",..,i-;'.,,,'''''
. to approval of house and improvement plans and site development shall be administered': '
and conducted for Lots within MOUNT AINGA TE WEST .by J'he j)ecl~rapJ untiEsti"JjiP{:%';1',';,t;,,~ ','C.':,._.
time thattumover, as hereafter described, occurs: . . -:~ '_" '.'-" .:--."~!.~ ;j'<I;:,~::'~<':_{;:.rt.i.:~t'Gt:~~.;:"":.""
';';" <1"". -Lli~.!-'~t,?f-:t,'<'::.!"-S::-'::"'~~:'i"" ;".,
1. ARC Prior to Turnover. Prior to turnover, Declaran~:reserv~s the right,Jo q::eaJf ~.:~~..~.i'~:~:;:,;;~':,,",": . .~ ~
. committee to assist it or any sUccessor Declarant in the perfQrnlance of the duties, -, ~ :";"'5i;<.0'.:pz:...'t~;~:.. _' .
responsibilities and functions of the ARC as.descr~be9.hereir1.Q~91araI1t fqrtl]~.I:: r~~e:tY~~"?~fl't~;i~jGi:C~:' ~:. :
the right to create rules and regulations for the operation ofthiscomplittee.and Jl!!1ljffiJQj'~i~;~":;:-~:~1;.:':-:'
allow it to continue to function after turnover has occurred ~o long'l!s.t4~'QrigiTI.~I~,jt6:;:~-:1~~.~;-::__:~i,~_:
Declarant or, iftuffiover has occurred for MOUNTAINGA TE, the Association concurcin,
a written document that shall be recorded as an amendment to this Supplementary '1: ;'...":','~
Declaration.
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l.ot Draina!!e and Slope _Maintenanct; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ __ _ _ _ _. __ __
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 ill 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,
Tract "A" 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
~'"';jt::;tlb-lsfrd$ Ai g AS ti:(,iS
. ~. / . ARTlCLE6 .' '.for ~/iif:ty-"
ARCHITECTURAL AND SITE DEVELOPMENT EEVIEW
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After Recording Return To
Lane County Surveyors
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MountainGate West Declaration ofCC&Rs - Page 1'3o[11u;'''-''-
July 24, 2006
Deleted: .,Of l)rai.!lg,~!!~2!!!1K
Maintl'nance
, 'i Formatted: Font: Bold
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Deleted:
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Deleted: 17
Deleted: ]3
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ARTICLE 7
ASSOCIATION
The terms and provisions of ARTICLE 7 are hereby adopted and incorporated hereiA
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 be 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 MOUNTAlNGATE, the Association concur as evidenced by
recordation of a document to Ulat 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-associadon of West Owners is created, it can function and operate in
accor~ance with the authority granted by this Article to the Association, so long as it does.
. not take aC,tioll.which conflicts with any other provisions of the CC&Rs or this
Supplemental Declaration.
'.I.
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ARTICLE 8
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. ..DECI;ARANTCONTROL
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;';;";;,~,,,;;,:,;;,..The. tefJ11s:a~d provisions of ARTlCLE.8 .of.the CC&Rs are hereby adopted and
'; ':.,'.:'i':;-. incorpqrat:.~herein except that !he.prqyisio.lls therein apply only to the Original
:} :... .',:. Declarant as to MOUNTAIN9Al'E and to.the Declarant for MOUNTAINGATE WEST.
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.ARTlCLJ<;_? ____ --.- - -- - ---- _._____1__ -- -".1f'"ted:~ .
. DECLARANT'S SPECIAL RIGHTS .
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The terms and provisions of ARTICLE 9 ~f the CC&Rs are hereby adopted and
. incorporaied herein except that the provisions therein apply only to the Original
. Declariuifas to MOUNTAINGATE and to the Declarant for MOUNTAINGATE WEST.
After Recording Return To .
Lane County Surveyors
.,~ Deleted: 17
/ / Deleted:]3
MountainGate West Declaration ofCC&Rs - Page 14 of g.::'-
July 24, 2006
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bR_TI'-:L,EIOn_ _ _ __ _ _ ___ .___ _ __ _ _ _n ~ __ _ _ - '-1 Deleted: I
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 of a Lot from the Declarant, West Owners will be charged an initial
assessment of $1 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
MOUNTAlNGA TE WESTto 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 MOUNT AINGA TE, 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 MOUNT AlNGA TE by the Original Declarant and upon
turnover of MOUNTAINGA TE 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.
'"
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ARTICLE! I
. G.ENERAk PROYIS,IONS
'1-- .-."_
The terms ahd provisions of ARTICLE' I I of the CC&Rs are hereby adopted and
.c... .,incorporated herein,exceptfor'an.4)Vj!lQI)e. f9llowing changes:
".',.-. ~--,.-
..;' !.,Declarimfm'ay ~ot amend;':;'ilirZir:~i:h-<!.nge.th_e origiIlal~,C_8.:Rs'9r this Supplemenhil"';~'.!"-
Declaration withoutthe,wriitelj~c\m.cun:ence:()fthe'OriginaH'l.eclarant or, if turnover has .: . .,....
occurred, the written conculTence,:of,tlie:'Association, which:C-oncurrence shall be;.;'j:'~;;,:<,' i''' .
.,..recorded.in Lal)ecCounty.:p.rop"I1y.R"cords. .; "'.:"'-:' '..! ,"c'::' t",-,,-
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After Recording Return To
Lane County Surveyors
: ,'~ Deleted: 17
/ / Deleted:]3
M"ountainGate West Declaration ofCC&Rs - Page 15 of.l]" ,/.-
July 24, 2006
1
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rN WITNESS WHEREOF, Declarant and the Original Declarant have executed this
instrument this _day of _ 2006,
I
SUNTRUST LAND COMPANY LLC MOUNTAINGATE DEVELOPMENTLLC
By Mark Vukanovich, Managing Member By Michael P Evans, Managing Member
State of Oregon )
)
County of .J
This instrument was acknowledged before ~,e on , 2006 by MICHAEL p,
EVANS, Managing Member of MountainGate Development, LLC,
Notary Public for Oregon,
My commission expires:
State of Oregon )
)
County of .J
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This instrument was acknowledged before me on . . . " 2oo~~f'~l&';~;,:;~~;:~~,~; :
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MountainGate West Declaration ofCC&Rs - Page 16 of 11. /;.-
Juty 24, 2006
After Recording Return To
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After Recording Return To
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MountainGate West Declaration ofCC&Rs - Page 17 of l1... /:"
July 24, 2006
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Page 12: [1] Deleted ' ,~, Lindsey Taft 10/10/200611:53:00 AM '
Introduction. MountainGate West, which was approved by the CitY of Springfield as
Phase 4A, B & C of the Master Plan Property, consists of 1291~that have been
approved as a residential subdivision under the provisions of~i!ountainGate Master Plan
Approval (City File 95-02-003 9) and Springfield Development Code (SDC) standards
contained in SDC Article 35 Subdivisions, SDC Article 3o/Tree Felling, and SDC
Article 26 ,Hillside Development This document satisfies/the requirements of the
Hillside Development and Master Plan approvals for a cdmprehensive "Hillside
Development Plan" for the'subdivision to guide the con~truction of dwellings on the
individual lots. This plan incorporates the referenced r~ports required by the Hillside
Development article and the City of Springfield, De/eloper, and future owners will use
the approved Hillside Development Plan to assure that tree felling, grading, construction,
and future use will confonn to subdivision conditjbns and provisions of the Master Plan
requiring the protection of trees, drainages, and ~Iopes. 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 fOlfhdation requirements on some lots,
The plan also includes gciJepl guidelines for the entire subdivision contained in required
reports and final plans. The Structure of the rdmainder of this document is as follows:
1. Tree Preservation Plan
2. Fire Protection Standards
3. Geotechnical Requirements
4. Grading; Slopes, an? cDrainage GUi.delir
The requirements of the Hillside Development P'~n, including individual lot plans
(S?Ow~ in\~J.l.hf.b},L'~~,'J?'A~e.h~reby incororatt;d into these CC&Rs..A copy of the
approved geotechmcalreport IS attached as Exhlblt'l'A". .
T~eep';eser,vatioIi'Pl~n"':' .:. ,.J ,/.,.... .. \: .~. :;~'-' '.... . .
'j ,:T~e'p;~6~;~li~j~:~:~';sto~Ulm~L::~nd imPleme~~'as~r~~ adopted to maintain
the aestheti,< ,aI?~I~r.o,~ion control valuf of trees and native Vege~iOn within the
MouniainGate:~W~st:as' !lstablished by the approved tree felling p nit, the final forester's
report"HiIlside pevelopment Plan, ~hd,indivjdual Springfield Deve opment Code (SDC)
'~::::::~~:I:'~~eneral .. I' . .
SDC requires' that a tree felling pennit be obtained for the removal of more an five trees
greater thari'fiv~ inches in diametbr at breast height per year. However, a tree {ling
permit is not required for the initi'al removal of trees from the lots during preliml!ry
grading or the construction of thJ approved dwelling footprint and driveway provi d
that no tree removal is allowed within building or vegetative setback areas without p 'or
city approval through the LDA? or building permit process. Additional restrictions for""
tree removal exist within the tree conservation easement and vegetative setback areas as ""
described below. ' .
"
Acceptable Replacement Trees/Planting Standard
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I. Trees replaced within a public conservation easement as established on the recorded
Subdivision Plat of MountainGate West shall be ofa native species specified for hillside
development in Section 6 of the City of Springfield Design Standards and Procedures
Manual.
Tree replacement is acceptable when, for example, a mature tree has a broken top. The
mature tree in this circumstance could be removed and replaced by an acceptable
replacement tree. Otherwise, the tree shall be pruned and shaped to improve its health and.
appearance. .
Tree planting shall follow the procedures contained in Section 6 of the City of Springfield
Design Standards and Procedures Manual.
Street Trees
During the subdivision process no trees or tree groupings have been protected for
potential qualification as street trees that will meet City requirements'"
However there maybe individual trees, tree clusters and tree groupings located close
enough to the street curb that they 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.l 0 feet behind curbside sidewalks.
Street trees should be 10 to 20 feet from streetlights. Specific standards regulating the use
of existing native trees as street trees are containedin.Se.ction 60fthe'City of Springfield
Design Standards and Procedures Manual. '. '-~..!.;:' .,' -~: .:.., '.:.: . . .'
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Tree Protection During Construction . . -".' ..,.. " ."
During house and driveway construction trees se1e~!l'!d'as~riati\ie~street trees as disclissed
above under "street trees" shall be protected withconstfUClioi1"feriCing. Construction'
. . ....,. ~ ", ".' ~ . '.... . -,
fencing shall be placed between the constructioifsitMilio::tfe~'coHservation'easemef1t or
vegetative setback area to protect trees and shall..be:.a:miniri1Uni'ofSfeet from trees:in,the
conservation easelnent or vegetative setback areas:J'}'i,;.ti~~.;~s~:.-~i~'Y:~~f-;::"~':'J,~~..", -:,."..<..~.,-"
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Hazard Trees '---. ..,.,'
Hazard trees are not identified, but are present within the boundaries of Mountain Gate
West. Property owners are responsible for identification. and removal of hazard trees with
verification by a professional forester or arborist and approved by the city through ail .
LDAP or subsequent tree felling permit process. L, '. -;,,'.~ --:> ". .': ': :.
Fire Protection Standards
I. Due to the forested setting of this subdivision certain fire protection measures
should be observed to help protect dwellings within a forested environment from
the dangers of wildfire.
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The subdivision 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. Further any lots
deemed by the City Fire Marshall to be located within a vegetated area subject to wildfire
the building(s) shall have a Class A or B roof in accordance with the Oregon State
Structural Specialty Code. In addition landscaping within the lots should establish fuel
breaks around the dwellings that discourage the spreading of wildfire. 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 the
tree conservation easement or vegetative setback areas. 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 and low shrubs.
Trees should generally be spaced with greater than 15 feet between the crowns and
pruned to remove dead and low branches.
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Secondary Fuel Break: The secondary fuel break extends a minimum of 100 feet down
slope ITom 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 fire will not spread to the Primary Safety Zone via the tree crowns. ,.~."" ,~..'
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 shall be. removed. .' :..., .: '. :",: ,. ~;." c
. ....Fuel breaks may not extend beyond the boundary. of the affected lot unless. an easement .... . .~,.. , ....: .
exists upon tIie 'adjacent property that allows for such use.: 'n '.. ". ;......., ,: '.".
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Geotechnical Requirements
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; .:.,,:~""F-(':'>,,-,. A geotechnical investigation for MountainGate West has been-conducted by PSI. '.,. .<'.:;,';:'dJ.:ii'lfi"7itf.-:?s.i1ict
:,., .c.u;.:.,; Engineering. PSI Engineering prepared a report dated July 21, 2006 that proyides specific ,;'i:?~E:r!;-!l:':;~'i;:'
... '",,,:,o,r,!,;:.\ ;;.' recomin'ehdations for the level of geotechnical review appropriate for,the individual lots. :,.f:n.&~if.,t:i;:J~<i,j,,~..'
, .. .,.7.'7..."....: . The geotechnical report is attached as Exhibit "A" and is to be used with individual lot. , ",':';\'7~.'!i:;r;.'-i:'::>':""':'
. .. . ." .. .. developmenk An 'evaluation of the building sites is to be conducted by a geotechnical" ,'..,".' /. ';.l.,~.,:,.{,..~ ,. ~'.
. '. engineer prior.to house construction. Either of two levels of review is required depending:" ,:';r'l;,;:Q.,. c.:.:.. .
upon specific site conditions. The attached geotechnical report lists the requirements for
the levels of evaluation specified for each lot.
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Gradinl!. Slopes. and Drainal!e
Grading, Slopes. and Drainage
There shall be no interference with the established drainage patterns or systems over or
through any other lot or common area or any adjacent property unless adequate
. alternative provisions are made by a licensed engineer for proper drainage and approved
by the city engineer. The term established drainage shall mean predominant slopes, the
drainage swales, conduits, inlets, and outlets designed, maintained, and constructed for
MountainGate West.
.
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Stormwater sewer laterals have been extended to each lot for conveyance of roof drains,
building foundation drains, and private property surface drainage.
Private Stonn Drainage Easements
I. Private storm drainage easements are designated on the plat and are located across
portions of Lots 107 and 108. These are private easements for drainage of private storm
. water. Management goals of the drainage easements include the maintenance and
enhancement of natural, scenic and environmental qualities while maintaining storm
water quality and a functional storm water system. All effort shall be made to avoid
allowing any pesticides, herbicides, fertilizers, petroleum-based products or other
hazardous or foreign substances from entering or contaminating the easements. Natural
vegetation shall not be disturbed except as necessary for maintenance, to reduce fire
hazards or to control noxious and invasive overgrown vegetation such as blackberry
vines. No tree shall be cut within the drainage easement except for diseased, dead,
damaged or hazardous trees. No building shall be allowed within the drainage easements.
Lot owners shall perform any maintenance necessary to cause drainage to occur as
plarined.-Provided, that any maintenance, repair or other work necessary as the result of
, ,. -. any wrongful act or omission of another party shall be performed by that party. If that
. .'..' party fails.to:.do so, the same shall be performed by the homeowners association subject
-'.to reimbursementas',provided in the CCRs. Subsurface drainage systems and open swales.
._ _. . ;::".:' or:ditches,have beeri constructed in certain locations.along. the back side of curbs or
.:, ,.,'., ,. .'--_.',:;:.' .sidewalks'witliiil-the'publicstreet rights-of-way.. The purpose of.these systems is to
.....improve ingividual,'lot"drainage and intercept water in.sloping areas'and direct it into
the public stonii:~atef system. These drainages are within the City street maintenance
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. system 'an,~~~hall'riot be blocked or diverted by adjacent lot owners.
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