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arborist to advise them on the specific needs of their trees early in the planning process, <br />especially before landscape design and installation. <br />Pruning of live branches is a stress for trees, so a certified arborist who understands the correct <br />timing and appropriate amount of pruning for the individual tree should complete the work. <br />Excessive canopy removal stresses the stored energy reserves of the tree and increases the <br />failure potential. In general, live wood removal should be permitted to less than 15 percent of <br />the live branches at one time, with a three- to four -year pruning cycle. <br />Tree topping is not permitted in The Summit. Selective, appropriate canopy thinning to create <br />view windows is preferable. Canopy thinning may be advisable for wind throw reduction after <br />adjacent tree removal. Climbing spurs may not be used for pruning trees in The Summit. <br />Pruning live wood in conifers is not recommended between April and September. Bark beetles <br />may be attracted to the pruned trees, leading to decline and possibly death. <br />SECTION 11. DRAINAGE. The private storm water system located across Lots 16, 17 <br />and 19 is located in private drainage easements as shown on the plat of The Summit P.U.D. The <br />Association shall at all times have the right to access the storm water pipe for maintenance and <br />repair. The Owners of Lots 16, 17 and 19 shall not at any time locate structures or trees in the <br />private drainage easement that could restrict access to that easement or to the piping. The <br />responsibility of maintaining the system will be a cost of the Association. At a minimum, catch <br />basins shall be cleaned annually. <br />All private storm systems may be used by Lots served thereby and shall be maintained by the <br />Association at its cost. All open drainage ways and erosion controls shall be inspected and <br />maintained by the Association including wetlands protections and tree impacts. <br />SECTION 12. BPA EASEMENT. It is understood and agreed by the present and future <br />Owners of the property, including, but not limited to the Association, that any property that <br />includes or is adjacent to any area of the "Transmission Line Easement" (BPA easement) is <br />subject to conditions and covenants as recorded in Book 419, Page 188, of the Lane County <br />Records. These conditions and covenants include, but are not limited to, the present and future <br />right of BPA to clear said right -of -way and keep the same clear of brush, timber, structures and <br />fire hazards, and also the present and future right to top, limb, or fell all growing and dead trees <br />and snags located on land owned by any present and future Owners adjacent to the above - <br />described right -of -way. <br />SECTION 13. CITY AS BENEFICIARY. The City of Eugene is specifically designated <br />as a third -party beneficiary of this Article IV and may enforce any and all provisions hereof. <br />This Article IV shall not expire or be amended without the written approval of the City of <br />Eugene. <br />n <br />