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HomeMy WebLinkAboutApplication APPLICANT 2/25/2008 (2) ENGINEERING & SURVEYING. INC. PH 541/485-4505 FAX 541/485-5624 E-MAIL OAKES@POAGENET POBOX 2527 EUGENE, OR 97402-0152 990 OBIE ST TRANSMITTAL LETTER DA TE March 25 , 2008 TO City of Springfield Planning Dept. 225 5th Street JOB NO 3519 SENT BY Jonathan Oakes Spnngfield, Oregon 97477 A TTN Andy Llmbird RE Sebnng Parhtion (780 W. "M" St. 17 03 27 43, TL 1900) We are sending you the following: .., COPIES DESCRIPTION 5 Recorded Partition Plat No 2008-2219 5 Recorded Jomt Access and Maintenance Easement 5 Recorded Development Restrichon REMARKS Andy, Per your requirements find attached the above referenced copIes ofthe recorded documents assocIated with the Sebnng partitIOn on M Street. Please don't' hesitate to contact me If you have any questions regarding tills mformatlOn. Jon Date Received: ~ ~ MAR 2 5 2008 Final Submittal 'RP=uM 03- 2 5 - 0 8 02: 47 Rev D pltcls ~ ,If .:. ..... " , " After recording return to: Mark Sebnng 2890 Federal Place, Eugene, Oregon 97404 ~ Division of Chief Deputy Clerk Lane Counly Deeds and Records 2~~~.~ t 1 J7f II r-...----...-..----uu $41.00 00979289200800113730030031 02/29/2008 10:28:55 AM RPR-ESMT Cnl=2 Sln=1 CASHIER 05 $5 00 $15,00 $10.00 $11 00 Date Received: ACCESS AND UTILITY EASEl\IENT AND MAINTENANCE AGREEMENT MAR 2 5 2008 RECITALS: Final Submittal Mark N. Sebnng and Lmda], Sebring are the owners of a certain tract of real property located in the Southeast one-quarter of SectIOn 27 in Township 17 South, Range 3 West of the Willamette Menman. The legal descnption ofthe real property IS as follows: f See Attached ExhibIt "A" The owners are partitIOning said real property mto 2 parcels as approved under CIty of Springfield Plannmg File No. SOO2004-00011. This easement IS bemg created to provide contmued shared use of an existing dnveway servmg Parcel I and Parcel 2 of Land PartItion Plat No. 2008 --' ;P22/9 . recorded ;>.9 h~, . 2008 Inst. No. ,2()o8- //372. . Lane County Oregon. DECLARATION OF EASEMENT: 1, Easement Created, Mark N Sebring and Linda 1. Sebnng do hereby create a perpetual easement as descnbed m ExhibIt "A", attached, for the mutual and exclusive use of Parcel 1 and Parcel 2 of the aforementtoned partItIon plat, as recorded m the Lane County Oregon Official Records. 2. ~ Puroose. The easement IS created to proVIde for mgress and egress over an eXIsting dnveway serving Parcell and Parcel 2 of said Land PartitIOn Plat. The easement may also be used by the aforementioned Parcel for the installatIon of private utuItIes, including, but not limited to water service, electrical servIce telecommumcatIOn services, storm water drainage and sanItary sewer servIce, 3 Use of Burdened PrODertv. The owners or occupIers of the parcels affected by the easement shall have the nght to use theIr property, includmg the area descnbed as the easement, for any purpose as long as the owners or occupIers do not interfere WIth the use of the easement as granted by thts Instrument. 4. Mamtenance and ReD81rs. The cost of any maintenance or repair of the area Wlthm the easement shall be borne equally by the owners of Parcel I and Parcel 2 of said Lane Partition Plat. However, any repairs necessItated by the neghgence or the rmsuse of the easement area and rights granted herein by one indIvidual party or that mdIvidual party's agents or invItees against the other mdIV1dual party shall be the sole responsibIlity of the damaging party, Each parcel will be responsIble for any real property taxes for that portion of the easement area located within their individual parcel boundanes. Access Easement and Maintenance Agreement - Page 1 , ..a .. 5. Successors in Interest The provIsIons of this mstrument touch and concern, and relate to the use of Parcel 1 and Parcel 1 of saId Land Partition Plat, and are intended to be covenants and restrictions running with the land. All provisions of thIS instrument, mc1uding the benefits and burdens, are bmding and enure to the herrs, successors, assigns, transferees, and personal representatIves of all parties who own any of the aforementioned parcels Dated this c:?;;JH.J/ day of ~ (f ,2008. ~'4~ ~ ~ Mark N, Sebnng rx;;~/~ L'lrida'J. Se~g - U STATE OF OREGON ) ) ss County of Lane ) On this ~ n..,/ day of ~ , 2008 there appeared before me, a Notary PublIc for the State of Oregon, Count":! of Lane the hereon named Mark N Sebring and Lmda 1. Sebring, known to me, or proved to me on a satIsfactory basis, to be the same persons who executed the foregomg instrument and acknowledged the same to be their voluntary act and deed. In WItness whereof, I have hereunto set my hand and affixed my seaL ~~~4~ Notary Public for Oregon ,/ / My commission expIres: 1/ /? /ZLJ / I OFACIAL SEAL SUSAN G STOVAll NOTARYPUBUC.OREGON COMMISSION NO 420738 MY COMMlSSION EXPIRES SEPT 18. 2011 Date Received: MAR 2 5 2008 Final Submittal Access Easement and Maintenance Agreement - Page 2 \,- ( .. ~ Exhibit "A" Beginning at a point bemg of record South 382.8 feet (measured South 3007'28" West 382.8 feet) and West 830.00 feet (measured North 87038'57" West 83000 feet) from a stone monument on the east line of the Robert E. Campbell D.L.C No. 59 in TownshIp 17 South, Range 3 West of the Willamette Meridiful, said stone monument being ofrecord North 21.68 chains from the easterly southeast comer of the said Robert E Campbell D L.c. No. 59; thence North 87038'57" West 100,00 feet; thence South 3028'00" West 133.80 feet to a point on the north margm of"M" Street, saId pomt being 29.20 feet from, when measured at right angles to the centerhne of"M" Street; thence along the north margm of"M" Street South 87038'57" East 10000 feet; thence leaving said north margm and running North 3028'00" East 133.80 feet to the pomt ofbegmmng, all m Lane County, Oregon. Exhibit "B" Begmning at the southwest comer of Parcel 1 of Land PartItion Plat No 2008- , as platted and recorded , 2008 lost. No. 2008- Lane County Oregon Official Records, saId pomt being on the north margm of"M" Street, 29.4 feet from when measured at nght angles to the centerline of ''M'' Street; thence along the north margin of "M" Street South 87038'57" East 3416 feet to the True Point of Beginning; thence leavmg saId north margm and runnmg North 3028'00" East 25,00 feet; thence South 87038'57" East 25.00 feet; thence South 3028'00" West 25 00 feet to a pomt on the north margm of "M" Street, said pomt being 29.4 feet from, when measured at nght angles to the centerline of" M" Street; thence along the north margm of"M" Street North 87038'57" West 2500 feet to the True Point of Beginning, all in Lane County, Oregon Date Received: MAR 2 5 2008 Final Submittal Access Easement and Maintenance Agreement - Page 3 1,111 " After recording retur.. .(): Mark Sebnng 2890 Federal Place Eugene, Oregon 97404 / D,v,s,on o( Chief Deput.y I Lane Count.y Deeds dnd Rec~ ~~~~~~llm'\ I I $26,00 00979290200800113740010012 02/29/2008 10:28:55 AM RPR-REST Cnt.=l Sln=l CASHIER 05 $5 00 $10 00 $11 00 DECLARATION OF A DEVELOPMENT RESTRICTION REOUIREMENT Parcel 2 of Land PartltIon Plat No 2008- ...022/9 as platted and recorded m the Lane County Oregon PartItIOn Plat FLIes IS a parcel of land wIth the followmg restncuon regardmg eXlstmg on-sIte vegetatIon In the event It becomes necessary to remove the seqUOIa tree now located on Parcel 2 the owner of Parcel 2 shall be reqUIred to comply WIth SDC 32 050 and provIde street trees at the tIme the seqUOIa tree IS removed Tills restnctlOn IS establIshed m response to a condItIon of approval assocIated WIth the City of Spnngfield's reVIew ofa land partItlOn apphcatIOn for Mark Sebnng (Journal No 2004-00011), and IS necessary to ensure complIance WIth SectIon 32050 of the Spnngfield Development Code Any amendm'ent to, or removal of, thIS DeclaratIOn of a Development RestrIctIon ReqUIrement shall be subject to approval of the CIty of Spnngfield Planmng DIrector or ms/her deSIgnee, In the case of any conflIct between thIS reqUlrement and any zomng ordmance or code of any governmental body, the more restrIctIve shall preVaIl The proVISIons herem shall be bmdmg upon and mure to the benefit of the successors, heIrS and aSSIgns of the owners and all parcel purchasers, users and owners IN WT~f~OF, the partIes hereto have set theIr hand and seal tins O?~ of -H-_ -. - d ' 2008 day BY ~'tA\ jI \ ~ Mark N Sebnng ~ ~~ Lmda J Se~g J STATE OF OREGON ) ) ss , COUNTY OF LANE ) On thIS ~ day of ~ . 2008 there appeared before me, a Notary PublIc for the State of Oregon, County/of Lane the hereon named Mark N Sebnng and Lmda J Sebnng, known to me or proved to me on a satIsfactory baSIS to be the same persons who executed the declaratIOn hereon and acknowledged the same to be theIr voluntary act and deed In WItness whereof, I have hereunto set my hand and affixed my seal A~~./-4~~ c; /J,j> k Ij OFFICIAL SEAl SUSAN G STOVAlL NOTARYPUBUC-OREGON COMMISSION NO 420738 MY COMMISSION EXPIRES SEPT 18,2011 Notary PublIc for Oregon My CorrumssIOn ExpIres Date Received: MAR 2 5 2008 Final Submittal . ~II