Response: The Covenants, Conditions, and Restrictions (CC&Rs) and the Disclosure Statement have <br />been recorded. An amendment can be recorded with the subdivision plat for this phase <br />if necessary. This condition can be met. <br />Condition 15: <br />The private conservation easements depicted on the site plan shall be clearly <br />delineated on and recorded with the final subdivision plats for each lot on which they <br />are located. The conservation easements shall run in favor of the PUD homeowners <br />association, and shall be subject to enforcement by the city through the city <br />enforcement procedures. The conservation areas depicted on the plans and described <br />in the application to have the fee title vested in individual lot owners will instead be <br />vested in a homeowners association (or "sub association") to be established by the <br />developer of those lots for which the association is established. Except for the vesting <br />of title, the plans and application regarding those conservation areas, including, but <br />not limited to, the landscape design standards, the rights and obligation of the <br />respective lot owners to landscape, enhance, maintain, replace vegetation, and exclude <br />members of the public and other owners within the development are not intended to <br />be modified. This condition applies to all linear conservation areas connected to more <br />than one parcel, not to isolated conservation areas, as shown on map approved by the <br />commission. <br />Response: The conservation areas and common areas shown on the Preliminary Dimensioned <br />Subdivision Plans in Exhibit A are intended to comply with the applicable conditions of <br />the East Ridge Village PUD. The conservation areas and commonly owned areas are <br />planned to be recorded as lots to be owned and maintained by the East Highlands HOA <br />for the benefit of the residents. This condition can be satisfied. <br />Condition 16: <br />All commonly owned conservation areas shall be clearly depicted on the final <br />subdivision plat for each Phase, shall be held in ownership by the PUD homeowners <br />association, and maintained in accordance with the adopted CC&R's. <br />Response: All of the commonly owned conservation areas will be clearly depicted as easements to <br />be dedicated or lots to be deeded to the homeowners' association on the final subdivision <br />plat for each phase. The easements and lots will be for the benefit of the residents, and <br />will be owned and maintained by East Highlands HOA in accordance with the adopted <br />CC&Rs. This condition can be satisfied. <br />Condition 17: <br />In order to protect the conservation areas during construction and development, <br />fencing shall be required around all conservation areas, with verification of the fencing <br />prior to signing of the final subdivision plat. The location of the fencing shall be <br />subject to verification during an on-site review by City Land Use Management staff. <br />The on-site verification must be requested and performed prior to commencing any <br />job site activities including tree removal, grading or excavation work. On each lot, the <br />conservation area fencing shall be maintained on each lot until a certificate of <br />temporary occupancy has been issued. <br />Response: To protect the conservation areas, fencing will be installed around the conservation areas <br />and verified prior to construction. The installed fencing will be reviewed on-site, and the <br />verification will be performed before any jobsite activities start, including tree removal, <br />grading, or excavation work. The conservation area fencing will be maintained on each <br />w~/►~ East Highlands Lot 46 - City of Eugene November 2021 <br />PUD Modification, Cluster Subdivision, Property Line Adjustment and Page 48 <br />Slope Easement Vacation <br />