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HomeMy WebLinkAboutApplication APPLICANT 7/18/2013 (2) • • ;City of Springfield SPRINOPI ELb Development Services Department 225 Fifth Street Springfield, OR 97477 SIP Property Line Adjustment Required Project Information (Applicant: complete this section) Applicant Name: Teo Phone: Cc41) Qo I - sz7 L Company: C.,,..•-;.s blnit ,.1c1-STS 1-C-�- Fax: (5-4i' 259 - 2263 Address: 3Liz I ospre ,i /2•.,i Lers.i.joN opt 97 XS-5- Applicant's Rep.: 5c rr- Mo0.ti6 Phone: (S41) 3oz-9140 Company: C.Ls or., t Moiz L.5 If Fax: Address: 3c40 q .5 a4-i S.i.t_ Zoc, S "tic pC• ij at 9'7471 PROPERTY 1 Assessors Map #: I'l - oz - Z$ _ 34 Tax Lot #: CIO O . Property Address: No f✓-ddPasc riss,ii.¢1 Property Owner: c r..r, . IMQ.s4- ,'TS LPL_ Phone: (clj) 4o1 527 L. Company: Fax: Address: 54p,e- ns /lip(« r- PROPERTY 2 _ Assessors Map #: 1 7 - O 2 - 24; • 34 Tax Lot #: loop Property Address: Property Owner: G .«"sib 1,jutsrnttuf 4_, Phone: (d C) dot - Sz7z Company: Fax: Address: 5a-,.0 4s App 1. •.,. C Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: 5eE n n-u,rir4 Sig natures: Please sl•n and •rint our name and date in the a• •ro•riate box on the next .a•e. Required Project Information (City Intake Staff: complete this section) Associated Applications: / Case No.: TAP /j17 DO01I' Date: 4//(a'/ 7 Reviewed by: (� 00 15 Application Fee: $ (02�J— Technical Fee: $ 3 Postage Fee: $0 II 15 TOTAL FEES: $ W 5 I PROJECT NUMBER: Date Received: Revised 6/6/11 Liz Miller 1 of 4 JUL 182013 Original Submittal • Signatures The ndersigncd acknowledges that the information In this application Is correct and accurate. Applicant: "4 _ . ativictair% jLL Date: — d nature T 001/g OH/ // Awn In- .i �di .a iu. A Print if the applicant Is not the owner,the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 1: // _ a�� -sent± 45 Grttaia n Date: 7- 7 Signature ff Saflt ey/t52tg.vi • Print If the applicant is not the owner,the owner hereby grants permission for the applicant to act in his/her behalf. Property Owner 2: SSE As s4-p 1,0-4-- ic.-4-- Date: Signature Print Date Received: • JUL 1'S 2013 Revised 6/6/11 Liz Miller 2 of 4 Original Submittal_----- • • Property Line Adjustment Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. rig Property Line Adjustment Application Form g Copy of the Deed for all properties involved in the property line adjustment. Copy of a Preliminary Title Report issued within th.e past 30 days documenting ownership and listing all encumbrances for all properties involved in the property line adjustment. IX Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken, including findings demonstrating compliance with SDC 5.16-125, Property Line Adjustment Criteria. 1''4 Three (3) Copies of a Preliminary Survey including the following: Prepared, stamped, and signed by an Oregon licensed land surveyor ® Scale appropriate to the area involved and the amount of detail and data Ki North arrow, date of preparation, and title, i.e. Proposed Property Line Adjustment Survey ® Boundaries of the lots/parcels involved, including dimensions and area ® Zoning and plan designation of the lots/parcels jg Existing property line and proposed property line, clearly differentiated by line type X Location and outline to scale of all existing structures, including required setbacks from current property lines and proposed property lines gi Location, widths, and names of all existing streets, alleys, or other rights-of-way within or adjacent to the lots/parcels and the location and width of driveways ® Location of all public and private easements and utility lines within or crossing the lots/parcels. For properties outside the city limits, location of all septic tanks and drain fields. IX Reference to the recorded Subdivision or Partition by name or reference number and blocks, lot/parcel numbers, where applicable Date Received: JUL 182013 Original Submittal Revised 6/6/11 Liz Miller 4 of 4 • Property Line Adjustment — Narrative Cummins Investments LLC Lots 1 & 2 of Thurston Place Subdivision July 18, 2013 Legal Parcels Parcels 1 & 2 were created as part of the Thurston Place Subdivision, CSF #40563, which was recorded on June 14, 2007. Purpose of Proposed Property Line Adjustment Cummins Investments LLC is the owner of lots 1 and 2 of Thurston Place subdivision. A more detailed analysis of the recorded lot showed that the current configuration of lot two makes it very difficult to design a house plan that will meet setback requirements. Since lot one is a very large lot, the best solution is to move the northern property line of lot two north (into lot one), thus creating a larger building area for a house. After the property line adjustment, lot one will still have ample square footage to place a house that meets City requirements. Existing Use of the Properties Both of the parcels involved in the proposed property line adjustment are vacant and have no structures or significant vegetation. Infrastructure The infrastructure facilities serving the parcels involved in this property line adjustment were installed as part of the subdivision. No additional infrastructure is proposed as part of this project. Access The access to both parcels is provided by an existing joint use access and maintenance easement that was created as part of the Thurston Place Subdivision. No change to this easement is proposed. Date Received: JUL 1 8 2013 Original Submittal • *0281981 * CASCADE TITLE Co. PRELIMINARY TITLE REPORT CUMMINS INVESTMENTS LLC July 02, 2013 31221 OSPREY ROAD Report No: 0281981 Your No: -- LEBANON, OR 97355 Seller: CUMMINS INVESTMENTS, LLC Buyer: TO COME PRELIMINARY REPORT FOR: Owner's Standard Policy (BLDR)" $T/C PREMIUMS: Owner's Standard Premium (BLDR) $T/C Government Service Fee $35.00 Temporary Billing $225.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: Lots 1 and 2, THURSTON PLACE, as platted and recorded June 14, 2007, Reception No. 2007-040528, Lane County Deeds and Records, in Lane County, Oregon. Vestee: . CUMMINS INVESTMENTS, LLC an Oregon Limited Liability Company • Estate: FEE SIMPLE DATED AS OF: JUNE 22, 2013 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions) : 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such prcceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. No liability is assumed hereunder until policy has been issued and full policy premium has been paid. MAIN OFFICE FLORENCE OFFICE 811 WILLAMETTE ST. * EUGENE, OREGON 97401 1901 HWY 101 - S. 2 * FLORENCE�..{r, OREGON 97439 PH: (541) 687-2233 * FAX: (541) 485-0307 PH: (541) 997-8417 *Date I^(ecetved746 E-MAIL: INFO @CASCADETITLE.COM E-MAIL: FLORENCE @CASCADETITLE.COM JUL 182013 Original Submittal ' • Order No. 0281981 Page 2 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4 . Any encroachment, encumbrance, violation, variation, or-adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Taxes for the fiscal year 2013-2014, a lien not yet payable. 7. Liens, if any, for any assessments by Homeowners Association. 8. Easement, including the terms and provisions thereof, granted to Eugene-Springfield Land & Water Company, by instrument recorded January 25, 1940, in Book 202, Page 262, Lane County Oregon Deed Records. 9. Easement for a Water Ditch, including the terms and provisions thereof, as set forth in Deed recorded September 21, 1945, in Book 297, Page 440, Lane County Oregon Deed Records. 10. Limited access provisions contained in deeds to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway, other than expressly therein provided for, shall attach to the abutting property, recorded June 14, 1961, Reception No. 34999, and recorded March 16, 1966, Reception No. 40192, Lane County Oregon Deed Records. 11. Easements, notes, conditions and restrictions shown, set forth, and/or delineated on the recorded Plat of Thurston Place. 12 . Covenants, conditions, restrictions and easements, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) and the right to levy certain charges and assessments against the subject property, contained in Declaration recorded June 14, 2007, Reception No. 2007-040532, Lane County Deeds and Records. 13. By-Laws of Thurston Place, including the terms and provisions thereof, recorded June 14, 2007, Reception No. 2007-040533, Lane County Deeds and Records. 14 . Declaration of a 26.00 Foot Private Joint-Use Access & Utility Easement, including the terms and provisions thereof , as set forth in instrument recorded June 14, 2007, Reception No. 2007-040535, Lane County Deeds and Records. 15. Our examination of the title to the subject property discloses no open Trust Deeds or Mortgages of record. The accuracy of this conclusion should be confirmed in writing prior to closing of the proposed transaction. 16. A copy of the Articles of Organization and/or Operating Agreement of Cummins Investments, LLC, should be furnished to Cascade Title Company $apt-� ose of ascertaining members authorized to execute on behalf of the Limited is iany. II!I 1 A 2013 • Order No. 0281981 Page 3 17 . In lieu of the signatures of all the members and/or managers, we will require a Consent Resolution by all of the members and managers of Cummins Investments, LLC, consenting to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to sign for said limited liability company to be provided prior to closing. NOTE: Taxes, Account No. 1797461, Assessor's Map No. 17 02 28 3 4, #900, Code 19-00, 2012-2013, in the amount of $589.00, PAID IN FULL. Taxes, Account No. 1797479, Assessor's Map No. 17 02 28 3 4, #1000, Code 19-00, 2012-2013, in the amount of $521.50, PAID IN FULL. NOTE: As of the date hereof, there are no matters against CUMMINS INVESTMENTS, LLC, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured • as the exclusive remedy of the parties. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. • Cascade Title Co. ab: Title Officer: DOUG PIERCE Cc: AMERITITLE ATTN: KRISTI STUTZMAN EMAIL: ASAP @AMERI-TITLE.COM Cc: AMERITITLE ATTN: LISA KUTSCH EMAIL: LISAK @AMERI-TITLE.COM Date Received: JUL 182013 Original Submittal } • •--. a/ I( After recording return to: (For Recorders Use Only) Scott W.Davidson -White&Lee, LLP 805 SW Broadway. Suite 2440 Portland,Oregon 97205 Until a change is requested all Division of Chief Deputy Clerk 1004.086863 -\ Lane County Deeds and Records Tax statements shall be sent to: Cummins Investments,LLC 111110 IIIIIIIIIIII IIIIIIIIIIIII I IIIIIIIIIIII III - $46,00 Troy E. Cummins, Manager 00642818200400868630050052 31221 Osprey Road 11/10/2004 PM RPR-DEED Cnt=1 Stn=15 CASHIER 07 02:18:37 PM Lebanon.Oregon 97335 $25.00 $11.00 $10.00 STATUTORY WARRANTY DEED MALLARD CONSTRUCTION AND DEVELOPMENT, INC., AN OREGON CORPORATION (the "Grantor"), conveys and warrants to CUMMINS INVESTMENTS, LLC, AN OREGON LIMITED LIABILITY COMPANY (the "Grantee"), the following real property and improvements, located in Lane County, State of Oregon(the"Property"), described as follows: See attached Exhibit A. . The Property is free of all encumbrances, except those encumbrances of record as of the date this • deed is delivered. The true and actual consideration for this conveyance is 5185,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMIN OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED: (I " I v--D 2004.. GRANTOR: MALL- •.i CONSTRUCTION AND D 1 I 'ME T, i 1 I 1 I By: . /A.14 b . I tAli Jeffrey D. nester,P. sident Date Received: 1 -STATUTORY WARRANTY DEED JUL 182013 Original Submittal ' J 1 ACKNOWLEDGEMENT: STATE OF OREGON ) ) ss County of Lane ) This instrument was acknowledged before me on —7-2 oatm&f' ,a, 2004, by Jeffrey D. Desler,President of Mallard Construction and Development, Inc. NOTARY PUBLIC FOR OREGON 041.1 OFFICIAL SEAL '� „ - RONITA L BLACKBURN f 1 f '' NOTARY PUBLIC OREGON r HIV COMMISSION NO 350104 1 LWCOMMISSI0NR0'IFE$SEPtEMBEA202005 4 Ct11T\�Tt1`t1 t\t.........ti1 Date Received: • JUL 182013 1 2—STATUTORY WARRANTY DEED Original Submittal • • EXHIBIT A LEGAL DESCRIPTION Date Received: JUL 1 8 2013 Original Submittal 3-STATUTORY WARRANTY DEED • • • OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES F`\ OFFICE OF COUNTY ASSESSOR LANE COUNTY, OREGON \� 1 - #6380-B OLD NUMBER 1 1 2 811- MAP 17-02-28-3-4 TAX NO. 800 28 17 2w ACCOUNT NUMBER SECTION TOWNSHIP — S. RANGE W.M. DEED RECORD ACRES IMO[MT EACH NEW I LEGAL DESCRIPTION OAT( or OECD nu aca RENwIHINO • COV IIf[TO THIS POINT Beginning at the intersection of the East lin- 1973 R632/15141 of the Herod Johnson Donation land Claim No 62, in Township07 South, Range 2 West of the Willamette Merl- 1992s 81794/9255303 dian, with the Northerly right of way of the 'Eugene- - 0001013 /54/617( Springfield Highway as described by instrument recorded o 5 / s y�3 • • March 16,' 1966, Clerk' s File No. 40192, Lone County t Oregon Deed Records;• thence North along said East line to the Southeast corner of that tract conveyed to James 0. McPherson and Arvilla E. McPherson, husband and wife,by instrument reoorded October 28, 1950, in Book 426, Page 225, Lane County Oregon Deed Records; thence West 340.0 feet ; thence North 204.7 feet; thence ,Nest 225.0 feet thence North to the Southerly right of way line of relocated High Banks Road as set forth by instrument reoorded August 28, 1967, Clerk's Files No. 96337, Lane County Oregon Redords; thence Westerly along said Southerly right of way lin- to the Northerly right of way line of the Eugene-Spring • field Highway; thence :Southeasterly along said Northerly right of wa line to the point of beginning, in Lane County, Oregon. Containing more or less 3.06 • • t ate Received: JUL 1 8 2013 Origin:I Submittal • rV l{1.[J)1 14 1 ♦.. / 1 PY.1. F+-.�..... - . -.... '... '..-. . ....a,..+.. •...i : :.. .. .. ........._.. .... ..... _ .. -... OFFICIAL RECORD OF DESCRIPTIONS OF REAL PROPERTIES • OFFICE Of COUNTY ASSESSOR LANE COUNTY, OREGON CODE 01 9-1 No. 3 OLD NUMaER (( II •ERIAL PHOTO pop 17 02 28 3 LLhro No. 801 112 829 - ACCOUNT NUMBER SECTION TOWNSHIP - S. RANGE W.M. LOT BLOCK NO. NO. ADDITION I CITY DEED RECORD I ACRES INDENT EACH NLM LEGAL DESCRIPTION DATE O/ENTRY OW HUMMER REMAINING — eginning at a point in the center of County 1961 Contract Road #Lh0,: N.89°10'Vrest b20:14 feet from the intersection R.166 of said center line of County Road JL,LO, with the East . 21642 line of the Herod Johnson D.L.C. # 62, Notif.#7481 in lisp. 1968 R359/96338 17 South, Range 2 West, W.M., running thence 8394/26430 South 250 feet, thence 1992bs 81794/9255903 :West 70 feet, thence North 250 feet, tb.the center of said County Road-#CELLO;' thence East 70 feet to the true point of beginning, all in Lane County, Oregon. Containing more or less O.L:O Less: 0.03 acre in county road. Containing more or less 0.37 Ac. corr. for 1968 Cont. m/1 C.LO EXCEPT: 0.07 ac. to Rd. by 71D R359/96337 Cont. m/1 0.33 Date Received: JUL 1 8 2013 Original Submittal • •