From: 	Jean Fraser
To:	Peter Biegel
CC:	'Joe Mazziotti';  'Tim O'Donovan'
Date: 	3/12/2013 3:18 PM
Subject: 	Fwd: RE: Re Plat, deed and Homeowners Assoc Docs

Peter
 
I wanted to just make a comment regarding the deed.
 
Its OK "legally" but I think #2  should state that all owners are required to be members of the Homeowners Association, and that the Association has responsibility for the maintenance and management of the common areas and infrastructure... (describe/define so that buyers have some idea of the scale of commitment (potential cost) re this.
 
thank you
Jean

>>> Jean Fraser 3/12/2013 2:33 PM >>>
Peter,
 
I have not been able to obtain DPS comments on this so I am sending along the comments from Corporation Counsel so you can start addressing them if you want to;  they are:

1) The deed is ok;
2) The Homeowner's bylaws need to be amended to reference the S-W Maintenance Agreement and various easements in the subdivision (especially the public pedestrian easement), as well as specify that the City of Portland does not have any responsibility to maintain said easement areas; 
3) All of the easements (numbered 1-6 on the plat need to indicate who they are being conveyed to and they also need to specify in the notes that the City of Portland does not have any responsibility to maintain said easement areas (this would also include the public pedestrian easement - it should reference who that is being conveyed to and who will be maintaining said easement area);
4) the S-W buffer areas should indicate how large the area is, who maintains - and should also be included in the Homeowner's Bylaws; and 
5) Lastly - in note 2 on the plat I think that the word "until" needs to be inserted into that sentence. 

I will forward other comments as soon as possible.
 
Jean
 
Jean Fraser, Planner
City of Portland 
874 8728