HomeMy WebLinkAboutPermit Miscellaneous 1986-12-29
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SPRINGFIELD
CITY OF SPRINGFIELD
Office of Community & Economic Development
Planning and Development Department
December 29, 1986
Mr. Kenneth E. Guckenberger
418 Spyglass Orive
Eugene, Oregon 97401
Oear Mr. Guckenberger,
Re: Partition of property located at 2157 Don Street in Springfield, Oregon.
Findings of Fact
Background
your proposal would partition
parcels. Parcel "16-A" would
housing JKG Electric. Parcel
date.
tax lot 800, Assessor's Map 17-03-27-24, into two
contain an existing,wood frame industrial building
"16-B" would be vacant; to be developed at a later
Your proposal as submitted on October 22, 1986. showed p~oposed Parcel "16-6" with 50
feet of street frontage which did not meet the 75 foot standard and lacked other
required submittal information. A letter dated October 28, 1986, was sent to you
concerning these matters.
Since you were away from
resuomittal deadline, staff
dated December 10, 1986.
the area
accepted
and
your
could not meet the 30 day application
request for a waiver of that deadline,
your proposal was accepted by staff on December 16, 1986. The required submittal
information was brought in and you chose staff's suggested option #1 to increase the
street fronta~e of proposed Parcel "16~B" from 50 feet,to,75 feet by' maintaining a
joint use/maintenance agreement for the northern 25 feet of proposed Parcel "16-B" to
be used by proposed Parcel "16-A". Both proposed parcels are to share one joint use
driveway rather than having individual driveways.
On Decemoer 24, 1986, the Development Review Committee (DRC) reviewed your request
and recommended that the Oirector of the Planning and Oevelopment Oepartment grant
Preliminary Plan Approval.
Criteria of Approval
Section
approve,
criteria:
34.050 of
approve
the
with
Springfield
conditions
Oevelopment Code states: The Oirector shall
or deny the request based upon the following
(1) The request as conditioned fully conforms with the requirements of this
Code and the Metro Plan, especially regarding the efficient use of urban and
urbanizable land, the efficient' provlslon of pUblic facilities and services, and
consideration of natural features identified in Metro Plan inventories.
225 North 5th Street . Springfield, Oregon 97477 · 503/726-3753
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The request as conditioned meets the above statement.
(2) The future use for urban purposes of the remainder of the property under
the same ownership shall not be impeded.
If ei ther Parce I "I6-A" or "I6-B" is so 1 d, the futu re use for urban pu rposes of
the remaining parcel under the same ownerShip will not be impeded.
(3) The development of neighboring properties or access to those properties
shall not De impeded.
The partltlon has no affect on the development of or access to neighboring
propert i es.
Preliminary Plan Approval and Required Conditions
The Director has determined that the preliminary plan satisfies the requirements of
the Springfield Development Code and that conditions are necessary to satisfy the
requirements of this Code or the Metro Plan. Section 34.070 of the Springfield
Oevelopment Code states: All proposed partitions shall meet the pUblic and private
improvement standards of Article 32. PUBLIC AND PRIVATE IMPROVEMENTS.
[x] The dedic~tion of land for public or private utility easements and joint
use/maintenance agreements shall De required when necessary to satisfy the standards
of Article 17 of the Springfield Oevelopment Code.
1. Pri vate uti 1 ity easements for the 4" sanitary sewer and the storm sewer are
required. Forms are enclosed to De completed by your Surveyor and recorded by
you at Lane County with copies returned to the City.
2.
A JOlnt use/maintenance agreement
driveway to be shared by Parcels
completed by your Surveyor and
returned to the City.
is required to cover that portion of the
"I6-A" and "I6-B". A form is enclosed to be
recorded ,by you at Lane County with a copy
3. In order to prevent misunderstandings in the future, a deed restriction shall be
placed on Doth Parcels "I6-A" and "I6-B" stating that both parcels share the
joint access driveway and that no additional access will be permitted for either
parcel. Forms are enclosed to be completed by your Surveyor and recorded by you
at Lane County with copies returned to 'the City~ .
4. The revised preliminary plan showed a water meter serving Parcel "I6-A" at the
south end of the driveway. The partitioning of this property may require the
relocation of the water meter immediately or when Parcel "I6-B" is developed.
Please check with Tim Hanley of the Rainbow Water Oistrict.
[x] Attached conditions of approval shall De either immediate or delayed. Immediate
conditions shall be completed at the time the final map is submitted, prior to final
approval. Delayed conditions may be met after final approval has been granted during
the building permit process. All delayed conditions shall be met prior to the
issuance of a Certificate of Occupancy.
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Note: Conditions 1-3 above are considered inrnediate. If, Mr. Hanley states that
the water meter has to be relocated prior to final map and development approval
from the City, condition 4 will be considered inrnediate. If Mr. Hanley states
that the water meter does not have to be moved until the property is developed,
condition 4 will be considered to, be delayed. A written statement from Mr.
Hanley concerning this matter will be required in either case.
Final Map and Development Approval
Within 12 months of the date of Preliminary Plan Approval, a Final Map shall be
prepared by a surveyor on quality paper 8 1/2" x 14" in size Showing the parcels
surveyed and pins set. Two copies of this Final Map incorporating any conditions of
the Preliminary Plan Approval shall be submitted to the Planning and Oevelopment
Oepartment along with legal descriptions of the new parcels and any other required
legal documents. Final Map SUbmittal shall be considered a Type I procedure. If the
applicant has not completed the above within the 12 month period, Preliminary Plan
Approva 1 shall become nu 11 and voi d and resubmi tta I of the request sha 11 be requ ired.
Note: The Final Map, copies of the recorded documents required above and the
written response from Mr. Hanley shall be received by Planning and Oevelopment
Department staff no later than December 29, 1987.
The Oirector shall certify that all conditions listed under Preliminary Plan Approval
have been met prior to Final Map Approval and Oevelopment Approval, i.e., before a
building permit may be issued or property transferred.
Appeal
If you wish to appeal any of the conditions listed above or the decision of
Preliminary Plan. Approval itself, you must do so within 10 days of the date of this
letter. your appeal must be in accordance Springfield Development Code, Article IS,
APPEALS.
If you have any questions concerning this matter, please contact me at your
convenience.
Si ncere ly,
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Associate Planner
Enclosures
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DECLARATION OF PRIVATE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersinned, hereby called grantors,
are hereby declarino that the following described nrooertv is a oermanent
uti 1 ity easement: .. .,..,
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The easement shall be used for the maintenance or replacement of utility
facilities serving the following described property:
STATE OF OREGON
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County of Lane
. BE IT REMEMBERED, That on this dav of , 19 , before me,
the undersigned, a Notary Public in and--for'said County and State, personally
appeared the within named
known to me to be the identical individual described in and who executed the
withi n ins trument and acknowl edged to me tha t executed the same freely
and voluntarily.
IN TESTIMONY fIHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
t1y Commission expires:
Notary Publ ic for' Oregon
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DECLARATION OF PRIVATE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersi~ned, hereby called grantors,
are hereby declaring that the following described nrooerty is a permanent
utility easement:
r=or<. S/tN 1711727
JGWerz
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The easement shall be used for the maintenance or replacement of utility
facilities serving the following described property:
STATE OF OREGON
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County of Lane
BE IT REMEMBERED, That on this day of , 19 , before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared the within named
known to me to be the identical individual described in and who executed the
within instrument and acknowledged to me that executed the same freely
and voluntarily.
IN TESTI/@IY vJHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
/1y Commi ss i on expi res:
Notary Public for Oregon
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DECLARATION OF EASEMENT
1. The undersigned, hereInafter Grantor(s), states that the property more
particularly described and set forth in Exhiait "A", attached hereto and incorporated
here; n by ref erence . is hereby dec I a red, granted, con veyed and created ,to be a
perpetual and non-exclusive easement for access, ingress and egress, and driveway
pu rposes.
2. Said easement is not personal or in gross but is appurtenant to each and
every portion of the property more particularly described and set forth in Exhiblt
"B", attaChed hereto and incorporated herein by reference.
3. Said easement is declared, granted, conveyed and created over and across
property owned by Grantor(s) which is more particularly described and set forth in
Exhi bit "C", attached hereto and incorporated herei n by reference.
4. Said easement shall run with the properties herein described and shall be
binding on and shall inure to the benefit of the parties hereto, their heirs,
successors or assigns.
5. Said easement is made for the purpose of complying with the Springfield
Development Code regarding the division or partition of land or any other development
of land. As SUCh, the City of Springfield shall also have the right and standing to
secure
jUdiCial
recognition and enforcement of the rights granted by this
Declaration, and this easement shall not be affected ,or negated by title or the
merger of title of the dominant and servient properties in a common owner.
6. Grantor(s) shall at all times, and without restriction, have the right to
use the easement fdr purposes not inconsistent with the easement.
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7. The maintenance and repair of said easement shall be in accordance with
Exhibit "D", attached hereto and incorporated herein by reference.
8. Grantor(s) further hereby declares, grants, conveys and creates the right
to . use said easement for the installation and maintenance of uti lities as may he
needed to serve the property more particularly described and set forth in Exhibit
"B", attached hereto and incorporated herein by reference.
9. The true consideration for this Declaration of Easement is (1) $
(2) other than monetary.
IN WITNESS THEREOF, I (we) have executed this Declaration of Easement on this
day of , 198
STATE OF OREGON, 'County of Lane ) ss.
Personally appeared before me this
day 'of
, 198
the
who
within
names
acknowledged the foregoIng instrument to be their voluntary act and deed.
Notary Puall'C for Uregon
My Commission Expires:
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DECLARATION OF RESTRICTION
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THE UNDERSIGNED,
part i es of I nterest of a II the
Springfield, Lane County, Oregon:
, being the record
following real property,
owners and
located in
do hereby make the following Declaration of Condition and Restriction,
covering said real property, specifying that thIS Declaration shal I
constitute a covenant and restriction to run with all of the land and
shall be binding on all persons claiming under them, and that this
condition shall be f'or the benefit of and limitation upon all future
owners of said real property.
The above described
property described below.
City of SprIngfield for
Guckenberger (owner) and
Partition Preliminary Plan
real property shall share access with the
No additional access shall be permItted by the
ei ther parce I as agreed to by Mr. Kenneth
the City of Springfield as a condition of
Approval dated 12/29/86:
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The foregoing condition shall inure to the benefit of and be
enforceable by suit for injunction for damages by the City of Springfield
and their legal representatives, successors or assigns; and a failure by
the City of Springfield to enforce such condition shall in no event be
deemed a waiver of the City's right to do so thereafter.
The true and actual consideratIon for this Declaration of Restriction
is other than monetary.
Dated this
day of
,19_
STATE OF OREGON,
Cou nty of
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BE IT REMEMBERED, That on this this
day of
19 before me, a Notary Public in and for said County and State,
personally appeared the within named
known
to be the identical
individual
described in and who executed the within instrument and
acknowledged to me that
executed the same freely and
voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
NUIAI{Y PUIlLIC !-UI{ UI{EGUN
My Commission Expires:
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DECLARATION OF RESTRICTION
THE UNDERSIGNED,
partIes Of Interest of all the
Springfield, Lane County, Oregon:
, being the record
fa I' owi ng real property,
owners and
located in
do hereby make the following Declaration of Condition and Restriction,
covering said re~1 property, specifying that thIS Declaration shal I
constitute a covenant and restriction to run with all of the land and
sha 11 be bi ndi ng on a II persons c laimi ng under them, and that thi S
condition shall be for the benefit of and limitation upon all future
owners of said real property.
The above described
property described aelow.
City of Springfield for
Guckenberger (owner) and
Partition Preliminary Plan
rea I property sha 11 share access with the
No additional access shall be permitted by the
either parcel as agreed to by Mr. Kenneth
the City of Springfield as a condition of
Approval dated 12/29/86:
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The foregoing condition shall inure, to the benefit of and be
enforceable by suit for injunction for damages by the City of Springfield
and their legal representatives, successors or assigns; and a failure by
the City of Springfield to enforce such condition shal I in no event be
deemed a waiver of the City's right to do so thereafter,
The true and actual consideration for this Declaration of Restriction
is other than monetary.
Dated this
day of
, 19
STATE OF OREGON,
County of
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t
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BE IT REMEMBERED, That on this this
day of
19_, before me, a Notary Public in and for said County and State,
personally appeared the within named
known
to ae the identical
individual
'described in and who executed the within instrument and
acknowledged to me that
executed the same freely and
vol untari ly.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
NUfAI{Y PUBLIC !-UR UI{EGUN
My Commission Expires: