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<br />While the South Willamette Special Area Zone (SW-SAZ) was under review by the Eugene City Council, <br />several neighbors attending South Willamette Neighbors meetings inquired about CC&Rs (Covenants, <br />Conditions, and Restrictions) that they knew existed for their properties. Several of us followed through <br />with further research and discovered that indeed, within the boundaries of the proposed plan, four <br />subdivisions were still actively covered <br />by CC&Rs: Plummer Addition, <br />Crestview Addition, Replat Block 3 <br />Amended Plat of Rosedale, and <br />Second Rosedale Addition. (Copies of <br />those documents are appended to this <br />letter with a transcript of my Guest <br />Viewpoint published in the wĻŭźƭƷĻƩΏ <br />DǒğƩķ in May 2016.) <br />We have since engaged specialist land <br />use attorneys, Zack Mittge and Liam <br />Sherlock of Hutchinson Cox, to review <br />said documents and to provide advice <br />on their effective enforcement. We <br />were informed by them in writing that <br />by individual property owners (except <br />the racially restrictive covenants that <br />violated the Fair Housing Act) and not <br />just by a HOA \[home owners <br />association\] (assuming one even still <br />exists). We have good caselaw to back <br />: <br />something proposed or happening in <br />violation of the CC&Rs then you as a <br />property owner can individually or in <br />tandem with other interested or <br />outraged property owners file an action in Lane County Circuit Court for declaratory and injunctive relief <br />and breach of CC&R, to stop the development. We have filed such actions and they are relatively <br /> <br />With this advice, residents within these subdivisions hereby notify all interested parties that property <br />owners in the four South Willamette subdivisions governed by CC&Rs are prepared to enforce their <br />rights with legal action when and if necessary. <br />September 19, 2016 - Christine L. Sundt, owner/resident of 20 W 31 st Avenue; this property is jointly <br />owned by my husband Richard A. Sundt. Please enter this testimony into the public record regarding <br />any rezoning or redevelopment action initiated by the City of Eugene in the South Willamette area. <br /> <br />