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HomeMy WebLinkAboutApplication APPLICANT 4/10/2006 r , . City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Application, Type II Subdivision Plat: Partition Plat: Applicant Name: . M.~ ~~cz.flOL.Ct Phone: Company: I Fax: I Address: I'~ 1='~~ P<..h-E- -e.tJuWlZ... O(L ct-z404- Applicant's Rep.: 100~ O~ Phone: I ~s-~ Company: PoAC1E-~lf.l~U..,,(.t ~ ~toZU~'ft-~ l",,-<-. Fax: 1~-Sb-z4...- Address: Property Owner: ~ A-? APPLt~,... Company: Address: Iphone: I IFax: I ASSESSOR'S MAP NO: 1'1-0?--~1-4:-? Property Address: ~ "-'&7\ IA-?~ Size of Property: l~ ,z..1.~ Proposed Name of Subdivision: TAX LOT NO(S): fqOD ~P\2.l\oU::tF(~ ai2- cn~' Acres 0 Square Feet~ Description of Proposal: "Fl t..lk Pf\<l..Tt TlOa...J, ~LArr .A pp fU;:)\tM- Existing Use: iZ..E~\ b~ T\A-L. Tentative Case #: ~P.> ~-DOO(.t # of Lots/Parcels: Z. Avg. Lot/Parcel Size: (Q~40 sf Density:" dujacre Zoning: Applicable Refinement Plan: Location: City Limits 0 Associated Applications: Overlay District: Plan Designation: Urban Growth Boundary 0 pre-submittal.) J ^( I" f\7'l'LID Case No.: _ 'LP- ,/V llv ./ {..!j~.r! Case No.: Application Fee: Date: Date: Postage Fee: Reviewed by: Rep~~ALREC'D Total F~~~ 1 0 200G ~ Steps in the Process: 1. The Applicant Submits a Pre-Submittal Meeting Application The Pre-Submittal Application IS mandatory but there IS no additional review fee for this service. The submittal package must conform to the application completeness checklist attached to this form. You are required to submit 6 copies of the submittal requirements packet for pre-submittal review. Pre-submittal meetings will be conducted every Tuesday and Fnday between 10: 00 a.m. and noon. We will strive to conduct the Pre-Submittal meeting within five to seven working days of receiving the application. 2. Applicant and the City conduct the Pre-Submittal Meeting We strongly encourage you, the owner and design team, to attend the Pre-Submittal meeting. The meeting will be held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division. The meeting will be scheduled for 30 to 60 minutes. The Planner will provide you with a Pre-Submittal Checklist at the end of the meeting specifYing the items required to make the application complete-if It isn't already complete. You will then have 180 days to make the application complete for submittal and acceptance by the City. This is the time penod when the plat and documents Will be red lined by the City surveyor and the corrections made by the applicant on paper copies of the plat prior to submittal of mylars. 3. Applicant Submits a Complete Application When you have addressed all of the Items on the Pre-Submittal Checklist, please submit 2 copies of the complete application and mylars to the City. A fee will be collected at that time and the 120 day calendar review penod will begin. When the Planner has completed mail notification and review procedures, a decision will be mailed/faxed to the applicant/owner/ design team and affected parties notifying them of plat approval. The plat may then be filed by the applicant and 5 recorded paper copies delivered to the Development Services Department prior to the issuance of any building permits. Owner's Signature This application will be used for both the required Pre-Submittal Meeting and subsequent complete application submittal. Owner's signatures are required at both stages in the application process. An application without the Owner's signature will not be accepted. The underSigned acknowledges that the Information in this application is correct and accurate for scheduling of the Pre-Submittal Mj:ting. Owner: ~~ ')\. ~"-P" Signature '- "'-.!.'- -) \<.--- Date: \~ ' \ C) t Pnnt Name PREtiSUBMITTAL REC'D APR 1 0 2005 3/8/05 -2- 1.- I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information Identified by the City as necessary for processing the application IS provided herein or the Information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the Information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application Owner: ~ "'--^ ~ Signature ~. Date: II ~ I GC , Print Name Plat applications will be processed as follows: 1. The applicant submits a Pre-Submittal meeting application. 2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting. 3. The applicant coordinates any additional review and refinement of the plat and other required documents with representatives from the City's Planning, Public Works Engineering, and Surveying divisions. 4. The City will notify the applicant when the plat and other documents are sufficiently refined to allow for the submittal of the plat mylars. 5. The applicant submits the plat application with the mylars and all final documentation and financial securities including the application and postage fees. ThiS will begin the statutory 120 day clock. 6. The City sends the reqUired 100' public notice to surrounding property owners. 7. Upon conclusion of the 14-day notification response period, the City Surveyor and Development Services Director may sign the final plat If all other conditions and requirements are fulfilled. 8. The signed plat mylars may be forwarded to Lane County for recordation by the applicant. 9. A notice of deCision will be issued to all persons or parties of record and the 10-day appeal period shall commence. 10. The applicant will deliver (5) five recorded paper copies to the Development Services Department prior to the Issuance of any bUilding permits. PRE-SUBMITTAL REC'D APR 1 0 2006 3/8/05 - 3 - '-'J. PRE-SUBMITTAL CHECKLIST FOR INTAKt~F FINAL PLAT PARTITION OR SUBDIVISION NAME: AA~ ~~\2..U..L,""\ OWNER/DEVELOPER: M~ ~ UlU.~ -::"~12,,"U..lt\ DATE RECEIVED: SURVEYOR: .......JDf-.l.~A-\...l A..~~ PLANNING CASE NO: (tentative) <?UP.:> 2oo4--00C)\ \ (final) REQUIRED DOCUMENTATION: PRE-SUBMITTAL REC'O 1. D Final plat application. APR 1 0 2006 2. D A letter which lists and addresses each of the Conditions of Approval, and details the actions taken, and current status of each Item. 3. D 6 paper copies of the plat stamped and signed by the surveyor., 4. D 2 copies of closure sheets for the boundary and each lot or parcel and all common areas, dedicated areas and easement areas that are not simple parallel offsets. 5. D 2 copies of title report or subdivision guarantee for the parcel being divided. Must list the vested owner identical to that shown on the plat. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK for the initial review. 6. D 2 copies of each of the reference documents and reference plats listed on the plat. 7. D 2 copies of each of the supporting documents: the vesting deed (must vest title to the owner listed on the plat), eXisting easement deeds, and documents listed as exceptions in the title report, etc. 8. D 2 draft copies of any STREET DEDICATIONS (In the City of Springfield street dedications on Partitions must be recorded by separate document per SDC 34.090 (3)(i) [surveying] (the City has a boilerplate form for this purpose). 9. D 2 draft copies of any NEW easements or restrictions being created by separate document, improvement agreements, maintenance agreements, JOint use Ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the, Conditions of Approval. 10. D A Consent Statement (Concurrence) on the plat (mylar must be signed by all lenders prior to final approval) OR 2 copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage or other secured loan interest holders against the property to be recorded simultaneously with the plat IF any publiC dedications or easements are being made and/or any other interests are being transferred to the public. ORS 92.075 (2-4) 11. DOne 8 V2" X 11" reduced copy of the plat to attach to the public notice. 12. D Copies of wetland documents as required. 13. D Copies of ODOT Access Permits as required. 14. D One draft copy of Bargain and Sale deed for RESERVE STRIPS (the City has a boilerplate form for this purpose). 15. D Verification that street tree agreement IS in progress as required. 16. D One draft copy of the Conditions, Covenants & Restrictions (CC&Rs) if any. 17. D Post monumentatlon deposit as required. The current fee IS $700.00, plus $30.00 for each monument. The City provides a bOilerplate depOSit form for this purpose. (Applicable to subdivisions only). 18. D The location of the floodway of floodway fringe in accordance With Article 27 of the Springfield Development Code. ReVised 1/11/2006 bJ - 4 - 19. D Existing easements must be clearly Identified with their recorded reference and acknowledged in the owner's declaration. New easements and reserve strips must be referenced in the owner's declaration on the plat if being dedicated by separate document. Easements may be dedicated m the owner's declaration If bemg dedicated on the plat. The purposes of easements must also be identified on the plat. 20. D The solar factor for each lot and the classification of each lot as a south wall, south roof or exempt lot as specified in section 35.010 of this article. Individual solar setback tables must be recorded with the final plat of each lot platted under the performance approach as specified in Section 35.010(3)(b)(3) of the Springfield Development Code. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right-of-Way. Final Land Division Complete Application Submittal Requirements Checklist Note: If you feel an item does not apply, please state the reason why and attach the explanation to this form. 1. Application fee-refer to the Development Code Fee Schedule for the appropnate fee calculation formula. A copy of the fee schedule IS available at the Development Services Department. The application fee IS collected at the time of complete application submittal. 2. Copy of the deed and a preliminary title report-one copy issued within the past 30 days documenting ownership and listing all encumbrances. 3. One original plat on Mylar with notanzed owners signature and signed surveyors stamp. One copy of the Mylar on bond paper. 4. Final drafts of all required documents with signatures where appropriate. 5. Applicant shall deliver (5) five recorded plat paper copies and any other recorded required documents to the Development Services Department prior to the issuance of any building permits. PRE-SUBMITTAL REC'O APR 1 0 2006 -~,.. -~ RevIsed 1/11/2006 bj - 5 - '\t ro I'- C\.l ro o I'- ~r\f(--C-O-O NTY SC~c. 1" = 200' CITY OF SPRINGFIELD 17-03-27-43 TL 1900 02/2 ~/eO Vel 6/15 '3/'31 11/3, SWI/4 5EI/4 Sec.271175. R.3W.V\ LANE COUNTY I" = lOa' PRE-SUBM\TIAl REC'O APR 1 ~ 2006 See Map I 7 03 27 4 2 w"",f Q ~ ~Og' (00 <(. ' 0'"' <(. (1)< JJ 8""~B 45"W 9 1\.0 tt~mo B2.0 7~"" \00 '1 . 2800 ./ . o 2801 i 2700 ~o'f~I~ 012AC ~~ I)..~~R~/N pel 1 ~ ~ l('f":'1 ~ " d' ~I 2802'''' !l~ W n 0 12 AC ~ ~ > I PCl 2 ~ sJ 'S 61~3e..".6'e. ~ ~nU 8<?: to __H'" "" 10 0 8i '0 ~o ,,"0 ,,"0 N ".fIlIG ~oor . o o ,- C\I " 0 " .. o~U ~O<( ~~~~ / <0 0 :' '" Q ~ , ~ S87-3B.::;oe. sO 6///1/1 50 01/1/. '00 ,,"0 . s en'~Sa'E:. ""so 0 ;;:"500 . '+7 : t-lOO , ~ ~ 1- ) " . rI '" - C;v 24bo I I I ~k, o o o C\I ~ NU 0<( -J I'll) U ~ 0.. ~ o 0 ~ 2200 i" ~ " ~ ' So a::~ oJ 2900 o 1900 <i)'e>>Je 2I="'i' t:IOOl I 1800 2300 o o L{) C\I 0 0 " to '" C\I -< ... , ,f 50 ~ II Ii r .- " ~ . r . ~ SITE r .. 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I IOO-?c<:/b' tOo '0- E: J 4000 ~I 3 40 AC I 1200 ~ 1 300 N r .. So 1301 '1. ~ fl\f ~O;,l &0 EOA5T ,.. " P.t{E~\J06-00040 2 Lot Partition;~lat Site Context . N PRE-SUBMITTAl. REC'O APR 1 0 2006 _r .\ PRE-SUBMITTAL DISTRIB UTION(LIST: Date Distributed: Jf- {;;} -()to /' Dave Puent - Building \/ Gilbert Gordon/Melissa Fechtel- Fire ~ Gary McKenney - Traffic ~ Matt Stouder- Public Works/Engineering ,/ Eric Walter - Public Works/Engineering / Dennis Ernst, Surveying Planner, ~~ o j, PRE-SUBM\TTAl REC'O APR 1 0 2006 CIty of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 541-725-3753 Phone 541-726-3689 Fax Pre-Submittal Meeting Case Number Assigned: PRE2006-00040 Date Submitted: 4/10/2006 APPLICANT: SEBRING MARK 1132 BUTTE LANE EUGENE OR 97401 Proiect Name: SEBRING 2 LOT PARTITION Project Description: Pre-Submittal Meeting for Partition Plat Application Type: Partition Plat Job Address: 780 W M ST Assessor's & Tax Lot #: 1703274301900 Meetmg Date/TIme: Meetmg Room' Planner Tuesday, April 25, :2006 ~/ (D:OD~ ' , , 615/61~ ~... DISCLAIMER: ApplIcations wIll not be exempt from Development Code or procedural amendments that may occur between the tIme of the Pre-Submittal Meetmg and Submittal of the ApplIcatIon for Development RevIew Please contact our office at 541-726-3753 with any questIons or concerns A Planner will be assigned the followmg busmess day and Will contact you to confirm the meeting date and time. PlanJobPnnl rpl 4/1 0/2006 11 26 22Al\! . ' Pre-Submittal Meeting Development Services Department Room 615/616 PRE-SUBMITTAL MEETING DATE: Tuesday, April 25, 2006 1. PRE-SUBMITTAL MTG #PRE2006-00040 (PART PLAT) SEBRING $500 Assessor's Map: 17-03~27-43 TL 1900 Existing Use: Residential Address: 780 West "M" Street Applicant submitted plans to plat partition one lot into two parcels. Meeting Date/Time: Tuesday, April 25, 2006 DSD 616 10:00 -11:00 a.m. Planner: Andy Limbird 2. PRE-SUBMITTAL MTG #PRE2006-00039 (PART PLAT) WILLIAMS $500 Assessor's Map: 17-02-35-31 TL 900 Existing Use: Residential Address: 7034 Main Street Applicant submitted plans plat a partition, one lot into three parcels Meeting Date/Time: Tuesday, April 25, 2006 DSD 616 11:00 - noon Planner: Sarah Summers City of Spnngfleld Development Services Department 225 Fifth Street Spnngfleld, OR 97477 Land Division Plat Application, Type II Subdivision Plat: Partition Plat: Subdivision Replat Plat: Partition Replat Plat: o o Applicant Name: M~ ~Y....b\2..i~ Phone: I 52-\ -~ z.4o Company: I I Fax: I Address: I l.-COqo 'F~cQ.k.- p~ e.u~WfZ... OiL Ql4c4- Applicant's Rep.: 10C>~ O~ Iphone: I ~s -~ Company: IlrOAoLt:..~\~~U"~'(.i:t~~EY(,~ (..u../Fax: 1~-5bW Address: Property Owner: ~~e.. ~ AppucA\-.l., IPhone: Company: I Fax: Address: ASSESSOR'S MAP NO: lL-O~ -2.-1-4-'? Property Address: 72c> 0&-7\ }.}... -'?~r Size of Property: t ='? 2.-1.-B Proposed Name of Subdivision: TAX LOT NO(S): fqO 0 ~P.;:2..l\-1q Fl~d~ 0<2- c.:t""J4-'11 Acres 0 Square Feet ~ Description of Proposal: f=l'klk -PAa-Tt n01-1 VLi~'''\ A P? (2...C1.t.A=L... Existing Use: \2-E.0d::>cJ-J,. T\AL. Tentative Case #: ~P.J llz:04-ooud # of Lots/Parcels: '2- Avg. Lot/Parcel Size: ~~40 sf Density: ~1 dujacre Zoning: Applicable Refinement Plan: Location: City Limits 0 Associated Applications: ~~~~S~~~ittal )ru }DO~ / [i'f~ () Case No.: Application Fee: Overlay District: Plan Designation: Urban Growth Boundary 0 Date: Date: Reviewed by: Reviewed by: Total Fee: Postage Fee: ~ <;t to I'-- C\J to o I'-- [ANF--'-~COUNTY SCALE ," - 200' Q ~ N a::~ rI o 8t "10 2900 t' " 'i 8' ,0 ~ M ,>~ ~ ~ I 75 8~ 3001 -/-d o ~~ q,'? 25' 20 ; 1- .~ '- {I '0 " ./':r .20' ,"-0 '1 "I 3300 o 0 ..I ~ /1 .",d '" .( .crfY.OF SPRINGFIELD 17-03-27-43 TL 1900---- 02/2 ~/cO ~/cl 6/15 ~/~/ 1l/3t SWI/4 SEI/4 Sec.27117S. 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" ~ ~ " " " SITE .J: -'" , J 100 50 ~ .. ~ . n o ~ ,,- /2d .2.()' w"d 0; S'"?e> SO',,- 5D 0 ?' 50 0 \1-100 ~ NU 0<( ~ ~~ Q a ~ o~U ~O<( o -1'<rJ (1 ~...--r- / '" a ~ o " , ~ S 87-"3 BSO€. So C)//I/I 50 0 II//! \00 1800 \ 7":?-I"2 4200 i.9"7:j21"~ "'l , , 0 ~ ~ 0 ~ ~ g ~ \ ~ - \'l '\ '\ oJ " o(L,v ,t; ~ ~ ~ ,l.\l'V S ~ -~! ~;; Q ~ ~ " -,....\0 ().,01...- <( \ OV ~ . r; /'~ gO +7 53 NO r ...J~ U' " I1..l" ~ ' ~ o '^ o 0 (!) g ..- l<'~ ~ ~~ , N ... 0 "<'" - a ~ 5 J' ;. 47 , I "0 "0 . 0 0 1- 0 0 N lC) -<t t' I t' " " ~ , ~o \,,;t..O. WEST 4100 ~ Q " ~ - 1.0 . o " E~;i L..O ~ 5 87.38 50 E Iv 0.('0 I 10,- "'1r;;, ""0 10 S ) 4000 ~I 3 40 AC .00 1200 1300 eo 1301 -1. 1 ('I\~ ~ 0;) '0 SAST I~ I~ ~S? /vif.:"..ff :5ZJ - /7- City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 541-725-3753 Phone 541-726-3689 Fax Pre-Submittal Meeting Case Number Assigned: PRE2006-00040 Date Submitted: 4/10/2006 PRE.SUBMl1TAL REC'D APR 1 0 2006 APPLleANT: SEBRING MARK 1132 BUTTE LANE EUGENE OR 97401 Proiect Name: SEBRING 2 LOT PARTITION Project Description: Pre-Submittal Meeting for Partition Plat Application Type: Partition Plat Job Address: 780 W M ST Assessor's & Tax Lot #: 1703274301900 , 'II,,", \-'liI~"I; \';<;1 <' "r, ' " 'J4-):1'\ih{\\.~,c hi / '[" ~ ~~ ~ .....I~Meeting Daty(Tlp1et"'I" ',' "i i -^j ';;'," ,11", { ',11'1 '., I'" : I J',II} I, I 1",1'!H 1 "!"' 11'1 \<>, (I . ,'. Tue;dilY~';April:l.i5~ ..200(;? @(D:o'()~', .. ,," 1,<, I Fe ',k\~, .0 ~ ,,,"f, hi' . 615/61"6' Ii' " .' ,]."/. b' . n', . , ,~'/",C'; , ""'i",\t""I~o..."kI"'I'a;;.o;),~ I "<1--"',"', I , I eX> j' . . . \- I I I . . . <l II, l"i, '11,,' DISCLAIMER: Applications will not be exempt from Development Code or procedural amendments that may occur between the time of the Pre-Submittal Meeting and Submittal of the ApplicatIOn for Development ReView Please contact our office at 541-726-3753 with any questions or concerns A Planner will be assigned the following business day and will contact you to confirm the meeting date and time. PlanJobPnnt rpt 4/1 0/2006 II 26 22AlV '-- Pre-Submittal Meeting Development Services Department Room 615/616 PRE-SUBMITTAL MEETING DATE: Tuesday, April 25, 2006 1. PRE-SUBMITTAL MTG #PRE2006-00040 (pART PLAT) SEBRING $500 Assessor's Map: 17-03-27-43 TL 1900 Existing Use: Residential' Address: 780 West "M" Street Applicant submitted plans to plat partition one lot into two parcels. Meeting Date/Time: Tuesday, April 25, 2006 DSD 616 10:00 -11:00 a.m. ' Planner: Andy Limbird 2. PRE-SUBMITTAL MTG #PRE2006-00039 (PART PLAT) WILLIAMS $500 Assessor's Map: 17-02-35-31 TL 900 Existing Use: Residential Address: 7034 Main Street Applicant submitted plans plat a partition, one lot into three parcels Meeting Date/Time: Tuesday, April 25, 2006 DSD 616 11:00 - noon Planner: Sarah Summers PRE.SURMITTAI REC'O APR 1 0 2006 WRITTEN STATEMENT FOR MARK AND LINDA SEBRING FINAL PARTITION PLAT APPLICATION MAP 17-03-27-4-3 TAX LOT 1900 April 7, 2006 This written statement is intended to address the conditions of tentative plat approval and discuss how each has been satisfied in the Final Subdivision Application. The subdIvIsion was given conditional approval under case no. SUB2004-000 11. The conditions of approval and our response to each are as follows: 1) The applicant shall record a deed restrzctionfor Parcel 2 statmg that should the SequOia tree be removed the owner of Parcel 2 shall be required to comply with SDC 32050 and provide street trees at the tIme the tree IS removed A copy of the proposed deed .' restrzctlOn shall be submitted for review and approval by the City Attorney's Office (CAD) A draft copy of the deed restriction for review by the CAO prior to recording has been submitted in conjunction WIth this final plat application. 2) The apphcant shall comply wlfh the relevant best management practIces of SectlOn 6 02 1 of the EDSP The applicants will comply with the best management practices of Section 6.02.1 of the EDSP at the time they initiate anyon-site improvements through an approved buIlding permit process. 3) przor to final plat approval, the apphcant shall record a joint access easement and maintenance agreement for the shared drzveway onto West M Street The estimated 10catlOn shall be shown on the final plat A draft copy of a Joint Access Easement and Maintenance Agreement covering the shared driveway has been submitted for staff review prior to being recorded concurrently with the final plat. The location of the shared access easement appears on the final plat. 4) All utIhty mstallatlOns shall be coordinated with the approprzate utIhty prOVIder All utIlity installations will be coordmated with the respective utility providers at the time of the construction of the utility installations. 5) Modification of Provisions to SDC 16 050(1) allowmg the rear yard setback to be eight (8) instead of the reqUlred 10 feet IS approved The applicant acknowledges the fact that the rear yard setback has been modified to 8 feet from the required 10 feet through the tentative partition approval process. PRE-SUBMITTAL REC'O APR 1 0 2006 6) The applzcant shall eIther- . Prwr to final plat approval, adjust the shared property lme to provIde three (3) feet of setback from the wall of the carport, OR . Prior to the Issuance of a buildmg permIt, show a one(1) hour fire wall as the east wall of the carport The applIcant has adjusted the shared property line between Parcell and Parcel 2 so that there is three (3) feet of setback from the wall of the carport. " PRE-SIIRA4IITAL REC'O APR 1 0 2006 -. Ii 11.. t .. ID/ ,if I\~ ~ :i i ~ ~ .:'~.:~"-:--:__.~" _:_.":".~.' .:'- .,-,"":'.,,;,r-.~,"',---:'. --.- WARRANTY DEED WPT 203823 10-77668 TAX ACCT NO 235158 MAP NO 17 03 27 43 01900 AARON R. MERRILL and LEAH D. MERRILL, Grantor, conveys and warrants to MARK N. SEBRING and LINDA J. SEBRING, husband and W1fe, as tenants by the ent1.rety, Grantee, the follow~ng descr~bed real property s~tuated ~n LANE County, OR, free of encumbrances except as spec1f1cally set forth here~n, to-W2t SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE Th~s conveyance 1S subJect to and excepts RIGHTS OF THE PUBLIC IN STREETS, ROADS AND HIGHWAYS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD The true cons1derat1on for th~s conveyance 2S $121,750 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 FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. 7J:;~~ AARON R MERRff '-Vv/1 // m JJv~~ LEAH D MERRILL f STATE OF OREGON ss. County of LANE Th1s ~nstrument was acknowledged before me ~:a:~d LEAH D MEmU No'.ry 'ub1,e of Oreg~\1 \ . ~ ~ My comm1ss~on exp2res I ~~ on}rcrm}rv \1 , 2003, t) OFFICIAL SEAL ~ LORI E HAllAOEY , NOTARY PUBUC. OREGON COMMISSION NO 346525 MY COMMISSION EXPIRES JUlY 14, 2005 Unt21 a change 2S requested, all tax statements shall be sent to the follow2ng address 1132 BUTTE U~, EUGENE, OR 97~Ol After record1ng return to OR 97440 Western P~oneer T1tle Co , POBox 10146, Eugene, PRE-SUBMITTAL REC'D) APR 1 0 2006 I " DiVision of Chief Depuly Clerk Lane Counly Deeds and Records ,,J 2~~J.12~D~D $31.00 III 1111 rlllllu.lllll1r c 01528327200301206860120021 RPR-DEED Cnl=l Sln=5 cRJ~iW~$3 02:19:07 PM $10 00 $11 00 $10.00 t~. -11 ~i "- ~ 'i 1 ij :; " J ~ i 1 j ~ -, ;J -j .. . Iii -~..II- -~ " .........-.--' EXHIBIT "A" Beglnnlng at a pOlnt 262 8 feet South and 830 feet West of a stone monument on the East llne of the Robert E Campbell Donatlon Land Clalm No 59, Townshlp 17 South, Range 3 West of the Wlllamette Merldlan, WhlCh lS 21 68 chalns North of the Easterly Southeast corner of sald Donatlon Land C1alm, thence South 120 feet to the Southeast corner of that tract of land deeded to John D Pendergrast, et ux, recorded May 29, 1947, Book 348, Page 666, Deed Records of Lane County, Oregon and the true pOlnt of beglnnlng, thence West 100 feet, thence South 134 feet, thence East 100 feet; and thence North 134 feet to the place of beglnnLng, ln Lane County, Oregon '- PRE-SUBMITTAL REC'O APR 1 0 2006 _.,J ~~ OWNER'S SCHEDULE A Policy No. 281001 Order No. 203823 Amount of Insurance $121,750.00 Premium $408.00 Date of Policy: December 17, 2003 at 2:19:07 p.m. 1. Name of Insured: MARK N. SEBRING AND LINDA J. SEBRING, 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: MARK N. SEBRING AND LINDA J. SEBRING, husband and wife, as tenants by the entirety 4. The land referred to in this policy is described as follows: " Beginning at a point 262.8 fee~ South and 830 feet West of a stone monument on thecEast line of the Robert E. Campbell Donation Land Claim No. 59, Township 17 South, Range 3 West of the Willamette Meridian, which is 21 68 chains North of the Easterly Southeast corner of said Donation Land Claim; thence South 120 feet to the Southeast corner of that tract of land deeded to John D. Pendergrast, et ux, recorded May 29, 1947, Book 348, Page 666, Deed Records of Lane County, Oregon and the true point of beginning; thence West 100 feet; thence South 134 feet; thence East 100 feet, and thence North 134 feet to the place of beginning, in Lane County, Oregon. PRE-SUBMITTAL REC'O APR 1 0 2006 41b OWNER'S SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: GENERAL 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 recordsj proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the - records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land orVby making inquiry of persons in possession thereof. 3. Easements, encumbrances, or claims thereof, not shown by the public records, unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, ~laims or t~tle to water. 4. Any lien or right to a lien, for services, labor, or material heretofore or hereafter furn~shed, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shor~age in area, encroachments, or any other facts which a correct survey would disclose. SPECIAL EXCEPTIONS: .J 6. Rights of the public in streets,' roads and highways. NOTE: Taxes #17 03 27 43 01900, 19-00, 2003-04 ($1,146.52) PAID (Account No. 235158) END OF EXCEPTIONS PRE-SUBMlTIAL REC'O APR 1 0 2006 -:x.. 9 ~o - · o~ ~ .(1/16 Cor 5 BI.~'-50'€.. 0 '50 0 . "~N 5"6.0' 0)/11"50.0' 47' a~' "' ) 50 I ~700 ~ 0 ~ ...- 24]0 ., 0 " " " " 0 0 ... 0 to ...- 0 '0 or- 0 .....- NO "fa or- 2200 N C\J r=o<( 0<( .~ j . iI.I -.J . o - f'.. II) ""II) -.J_ :f' . 0 0 0 o It , ;:to ti ('\ ~ ..- or: .....- lJ;) }. " r' ('4 0.... ..- 0.... F ~ ... N ) r o (It ("( , ", .... (0 0 0 t-..o ON < ' ,- 0 ~.... ~(} CI) ~ . 1/1 .- Q . .......(l (1\ r{I 0 0 11'\ :j \I\. ~ " '5.87"3 e;~"E. " 5:.0 , ~ . ~o ..... SG,CJ;l.f/1 5D 0 't/I(( 47' ~lco' ,0 \ \00 \00' :;'0 510 '00 0 2300 1900 1800 0 0 0 ~ LO LO rf) ...- N ~ . . r' 4' 4f " (" (" ( ~ (I'l cflIrI N (:'J t"l - ... ,- ... , <<. 0 _0 .~ \00 100. tI \00 ~o' Pnc <,I 'ru It,,,. ~ ., '. H, AI QEC'D fI J J - 0 2006 4>(,..(.. 1 ' ""-!. <...,' <;. ero $ a/50 liE N.89024"30"W. -~oo .00 '(PJ..A-r)~ f r ~ 4o~pr17q6~~/7'( 1JJ.lJ10' I r i I ~,'I'l~" 90' ~ . U r;'OU 2.0" ~ .. 3900 -: ~ 3601 \9 (",0' 3200 4100 .' ... ~ " ~ " o .m ~ - : I o . - ~ . . -9t1\ "t"1t\ <l CI t<o Q 0 ~vi . Q ~ ..J !':;. -+- .....5' ~ I of'::" 50' l' h ! ""'TRIP ~;> ) ~ : I ~J 36B:2 ...... ,... ,.... -. /~ \.J \ . -->. ~ Bo' S,87~ 3B' 301/ I: ~o. 5 8~ ~N . THIS MAP IS PROVIDED AS A COURTESY OF WESTERN PIONEER TITLE COMPANY THIS COPY OF ASSESSOR'S MAP IS PROVIDED SOLELY TO ASSIST IN LOCATING SUBJECT PROPERTY NO LIABILITY IS ASSUMED FOR DISCREPANCIES IN THIS MAP AS OUTLINED AND THE ACCOMPANYING LEGAL DESCRIPTION MAP # 17032743 01900 000 4-07-06 * CLOSURE SHEES~ FOR SEBRING PARTITION JOB NO. 3519 * PARTITION PLAT BOUNDARY AREA --B-EAAINGS 10 321 6039.8056 4180.5974 322 6043.9076 4080.6816 323 5911.3483 4072.6513 324 5907.2463 4172.5671 321 6039.8056 4180.5974 AREA=: 13277.713 SQ.FT.=: * PARCEL 1 AREA BEARINGS 11 322 6043.9076 4080.6816 323 5911.3483 4072.6513 325 5909.3816 4120.5546 329 5952.2031 4123.1487 330 5952.0919 4125.8564 326 5988.8030 4128.0803 327 5989.1192 4120.3768 328 6042.1460 4123.5891 322 6043.9076 4080.6816 AREA=: 6199.907 SQ.FT.= * PARCEL 2 AREA BEARINGS 12 321 6039.8056 4180.5974 328 6042.1460 4123.5891 327 5989.1192 4120.3768 326 5988.8030 4128.0803 330 5952.0919 4125.8564 329 4123.1487 5952.2031 325 4120.5546 -5909.3816 324 \ 4172.5671 5907.2463 ~21 6039.8056 4180.5974 AREA= 7077.805 SQ.FT.= N 87-38-56.6 'w S 3-28- 0.0 W S 87-38-56.6 E N 3-28- 0.0 E 0.30481434 ACRES S 3-28- 0.0 W S 87-38-56.6 E N 3-28- 0.0 E S 87-38-56.6 E N 3-28- 0.0 E N 87-38-56.6 W N 3-28- 0.0 E N 87-38-56.6 W 0.14233029 ACRES N 87-38-56.6 W S 3-28- 0.0 W S 87-38-56.6 E S 3-28- 0.0 W N 87-38-56.6 W S 3-28- 0.0 W S 87-38-56.6 E N 3-28- 0.0 E 0.16248405 ACRES 2 100.0000 132.8023 1,0 0 . 0 0 0 0 132.8023 132.8023 47.9437 42.9000 2.7100 36.7783 7.7100 53.1240 42.9437 PRE.~' IPMlTI~L REC'D} APR 1 0 2006 57.0563 ',< -~ 53.1240 7.7100 36.7783 2.7100 42.9000 52.0563 132.8023 9 . / 1978 LAND PARTITION PLAT No PAR TITION PLAT FOR MARK AND LINDA SEBRING SE 1/4 SEC 27 T 17 S, R 3 W W M SPRINGFIELD, LANE COUNTY, OREGON MARCH 25, 2006 RECORDED LANH COUNTY SVRVBYORS OPPleB c 5 PILH NO -~~~: ~~~_______ _________L I C 5 F No 6685 2 C S F No 17477 J C S F No 22497 C 5 F No 22711 C 5 F No 33426 WARRANTY DEED RECORDED DEe 17 2003 INST . 2003 120686 LANE COUNTY OREGON DEED &. RECORDS THOMPSON PLANTS LEEDOM KRUSH KRUSH 19;~4PREmSUBM\TI~l REC'O APR 1 0 LOOG DATE _____________ .REFERBNCES, COUNTY CLERK I--I'?- '0 \ Ie r\';-\ c:) r C)\>I) e- R't:" BY _______________ 1979 1996 7 WARRANTY DEED RECORDED MAY 28 1947 BOOK 348 PAGE 666 LANE COUNTY OREGON DEED &. RECORDS 8 WARRANTY DEED RECORDED SEPT 15 1996 INST '9662236 LANE COUNTY OREGON DEED &. RECORDS 9 MEMORANDUM OF LM.m SALE CONTRACT RECORDED MAY 24, 1991 INST . 9)24178 LANE COUNTY OREGON DEED &. RECORDS ~~ j LEGBND DATA OF RECORD WITH AN ENDNOTE CORRESPONDING TO A REFERENCE NUMBER SHOWN HEREON CALC POSTITIQN FOR 5/8 IRON~O SET IN STONE IAONU ON THE EAST BOUNDARY ~ OF THE R E CAMPBELL ( :-.. 'CO :,?:~ i '\ . FOUND MONUMENT AS NOTED o SET 5/a II 30 REBAR WITH YELLOW PLASTIC I D CAP STAMPED POAGE ENG & SURV INe SCALE I - 40 o COMPUTED POINT NO MONUMENT SET 10 C S F No 32631 OLSON 1995 + INDICATES LINE NOT DRAWN TO SCALE ~ ~~ SEGMENT @ @ BEARING S 87&3857 E 1'1302800 E I L PA'C:~~ J~:T;~:'. (WEST /0000)5 ~\.A1 NO N 870387 W 10000 ""-- i (WEST 8300 )8 .. 4294 5706 fY _hh__ h____ ------_nn___._____u______ ------.--_____h __~.8~_~~:~_ ~___~:ooo 11 w ~I\. ------.--- AA -- ) 109 (lOOI ~tE 0 ------- ---------------.--- ---------nvv---u--. ~F o ..., r") ..... ~f1 z N:~~3857 W ~ ~~ r23: w ~~ 3;..... g ~ ~2A,,'OCSBQL ,'T ~ g P ARCBL 2 w ; ~ 3:- o ~ ~ N.: 7918 SQFT :J: ~~ ",-- ~g ~~ ~ j;E ~~ "'f" 1t1~ -I I J:.OB ~u IEASTnOOOI ~;< ~:~ - V1W N 8703857' W 73048 w }i 13~' @_- r :;J~ ~---~ .. ~-= -:::.- -= - ~-=-=-:!I / {EAST 20000 I fO 5/8 FD 5/8 --------...... e 4794 t 5205 r - ?-- I ROO\ /lROD Fa S/8 ~ Fa 5/8 (t) orw N 87&J857 W 100 00 r~; N 87&3857 W 200 /0 -~ J I (80 00)3 FROD flROD: "'~ (EASTIQtlOOI5 ~::l ~ - 8010 I ....~ / R.l --~ a.. N302800E2920 - N87-3857Wto002 _/ 'v' FOP1f -- ---~ ---~-------_______ (N 3&2800' E 2920)3 IN 87-3857'W 10000 j3 NAL M STRBBT ~ ----------_______~ "5- ,-- (21996)10 :P. F.D 5/8 -------N87;JWw"62760-~---- ---1 '" I' 1J.gJ -~ /j ROO IN "'3855 W .277S ~ -f' / FD lit' '\'-- " . I PI ,---___ ( i 68::1: i6 ~ 4~~ g~ )1 _~ ~ / \ FD 5/8 REBAR '"~-~ i ~TH PLASTIC I 0 CAP .... ST Alt1PED 1<RUSH PLS 1643 Z ~ ~:;!!' g]- ~ ~~ fa ~ : l.oJ~ IJ.JJ:;; o gg 0'> UJ e ff i E! ;:' 3z ~ ~ DIST 271 4290 8;-::.. ~~ ADDITION AL COURSBS ~w ~~ ~z NOTBS S 87-3857 E ( S 89-24 30 E rOl5J 10I5J )1 A S FOOT PRIVATE UTILITY EASEIi1ENT FOR THE BENEFIT OF PARCEL 2 B 2S )( 2S JOINT ACCESS EASEMENT AND MMNTENANCE AGREEMENT RECORDED INST NO LANE COUNTY OREGON OFFICIAL RECORDS C 5 FOOT PRIVATE UTlUTY EASEMENT FOR THE BENEFIT OF PARCEL I r REGISTERED 1 PROFESSIONAL LAND SURVEYOR SOLAR BY A TBMBNT_ D FOUND 5/8 REBAR WITH YELLOW PLASTIC 10 CAP STAMPED KRUSH PlS 1643 N 86"3200 W 031 lJONA i~~f~~&~AKESJ "" EXPIRES. DECEMBER 3L 200& BOTH OF THE PROPOSED PARCELS COMPLY WITH THE SOLAR ACCESS STANDARDS OF SDC SECTION 35010(3)(b)(!] BY HAVING A NORTH-SOUTH DIMENSION OF 90 FEET OR MORE AND HAVING A FRONT LOT LINE ORIENTED WITHIN 30 DEGREES OF THE TRUE EAST ~WEST AXiS \ \.. F05/8r~ ESE CORNER R E CAlt1PBELL D L C NO 59 T 17 5, R 3 W W M POAGB ENGINEERING 6< SURVBYING, INC '" CITY 0' SPRINGFIBLD CASB NO SUB ZOO"~OOOl1 AS8BSSOR'S MAP No 17 03 17~"-3 TAX LOT aOD PLOTTER HP DESIGN JET 650C INK HP '51!i40^ INX FiLM CONTINENT^L MYL^R JPC 4M2 POBOX 1527 . JUGBNB, ORBGON '1402 . (541) U5~U05 JOB Nil UU, OWN BY JAO/3819PLAT GeD, DATB '0' PAGE I OF 2 /' /' LAND PARTITION PLAT No, PAR TlTION PLAT FOR MARK AND LINDA SEBRING SE 1/4 SEC 27 T 17 S, R 3 W W M SPRINGFIELD, LANE COUNTY, OREGON MARCH 25, 2006 SURVBYOR'S CRRTlFICATB I, JONATHAN A OAKES A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED, WITH PROPER MONUMENTS THE HEREON DESCRIBED PLAT THAT THE INITIAL POINT IS A 5/8 INCH X 30 INCH IRON ROD WITH A YELLOW PLASTIC 10 CAP STAMPED POAGE ENG 0. SUR V INC SET FLUSH WITH THE SURFACE OF THE GROUND AND IS lOCATED AS DESCRIBED AND SHOWN HEREON AND I HAVE ACCURATELY DESCRIBED THE TRACT OF LAND UPON WHICH THE PARCELS OF THIS PLAT ARE LAID OUT ON AS FOLLOWS BEGINNING AT A POINT BEING OF RECORD SOUTH 3828 FEET (MEASURED SOUTH 30728 WEST 3828 FEET) AND WEST 830 DO FEET (MEASURED NORTH 87 38 S7 WEST 830 DO FEETI FROM A STONE MONUMENT ON THE EAST LINE OF THE ROBERT E CAMPBELL 0 L C NO S9 (N TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WllLAMETTE MERIDIAN, SAID STONE MONUMENT BEING OF RECORD NORTH 2168 CHAINS FROM THE EASTERLY SOUTHEAST CORNER OF THE SAID ROBERT E CAMPBELL 0 L C NO S9, THENCE NORTH 87 38 57 WEST 100 00 FEET, THENCE SOUTH 3 28 00 WEST 133 80 FEET TO A POINT ON THE NORTH MARGIN OF M' STREET SAID POINT BEING 2920 FEET FROM, WHEN MEASURED A T RIGHT ANGLES TO THE CENTERLINE OF 'M' STREET, THENCE ALONG THE NORTH MARGIN OF 'M STREET SOUTH 8738'57' EAST 10000 FEET THENCE LEAVING SAID NORTH MARGIN AND RUNNING NORTH 32800 EAST 13380 FEET TO THE POINT OF BEGINNING ALL IN LANE COUNTY OREGON JONA THAN A OAKES L S NO 21DS NARRA TIVB THIS SURVEY WAS PERFORMED AT THE REQUEST OF THE OWNERS TO ESTABLISH THE EXTERIOR BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN A WARRANTY DEED RECORDED DECEMBER 17, 2003 INSTRUMENT NO 2003.\?0686 LANE COUNTY OREGON OFFICIAL RECORDS AND TO FURTHER PARTITION SAID PROPERTY INTO TWO PARCELS IN ACCORDANCE WITH 0 R S REQUIREMENTS AND CONDITIONS OF APPROVAL OF A LAND USE APPlICA TION APPROVED UNDER CITY OF SPRINGFIELD JOURNAL NO 2004-00DII THE BASIS OF BEARING IS DEFINED BY THE EAST BOUNDARY OF THE ROBERT E CAMPBELL 0 L C NO S9 IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLA METTE MERIDIAN PER C S F NO 22497 THE BASIS OF BEARING WAS ESTABLISHED BY HOLDING THE POSITION OF THE FOUND P K NAIL MARKING THE INTERSECTION OF THE EAST LINE OF THE SAID R E CAMPBELL 0 L C NO 59 AND THE CENTERLINE OF M STREET AND THE LINE ESTABLISHED BETWEEN THE LAST DESCRIBED MONUMENT AND THE FOUND S/8 INCH IRON ROD MARKING THE EAST SOUTHEAST CORNER OF THE R E CAMPBELL 0 L C NO S9 THE SOUTH BOUNDARY OF THE SUBJECT PROPERTY IS DEFINED BY THE NORTH MARGIN OF M STREET THE NORTH MARGIN OF M STREEr WAS ESTABLISHED 584 FEET NORTHERLY OF THE SOUTH MARGIN OF M STREET THE SOUTH MARGIN OF M STREET WAS ESTABLISHED BY HOLDING THE POSITION OF THE FOUND 1/2 INCH IRON PIPE MARKING THE NORTHWEST CORNER OF THE PI AT OF GLEN VIEW AND THE LINE ESTABLISHED BETWEEN THE LAST DESCRIBED MONUMENT AND THE FOUND S/8 IRON ROD WITH A YELLOW PLASTIC 10 CAP STAMPED KRUSH PLS 1643 MARKIN!' THE MOST NORTHERLY NORTHWEST CORNER OF C S F NO I4S52 THE STONE MONUMENT CALLED FOR AS THE POINT OF BEGINNING OF THE LEGAL DESCRIPTION WAS ESTABLISHED BY HOLDING THE RECORD BEARING AND DISTANCE PER CS F NO 22497 AS MEASURED FROM THE FOUND P K NAIL MARKING THE INrER;ECTlON OF THE CENTERLINE OF M STREET AND THE EAST LINE OF THE R E CAMPBELL 0 L C NO S9 A REVIEW OF THE PAST SURVEY HISTORY OF THE SURROUNDING PROPERTIES INDICATES THAT THE CALL BEARING SOUTH FROM THE STONE MDNUMENT WAS ACTUALLY MEASURED ALONG A LINE BETWEEN THE STONE MDNUMENT AND A 3/4 IRON PIPE BEING 322 FEET EAST OF THE D L C LINE AND MARKING THE NORTHEAST CORNER OF THE KEPNER SUBDIVISION THE NORTHEAST CORNER OF THE KEPNER SUBDIVISION WAS ESTABLISHED BY HOLDING THE RECORD DISTANCE PER C S F NO 669S MEASURED EASTERLY ALONG THE SOUTH MARGIN OF M STREET FROM THE FOUND 1/2 INCH IRON PIPE AT THE NORTHWEST CORNER OF THE PLAT OF GLEN VIEW I THEN HELD THE RECORD DISTANCE MEASURED ALONG THE LINE ESTABLISHED BETWEEN THE CALCULATED POSITION FOR THE STONE MONUMENT AND THE CALCULATED POSITION FOR THE NE CORNER OF KEPNER SUBDIVIISON TO ESTABLISH THE FIRST CALL SOUTH FROM THE POINT OF BEGINNING AGAIN, PAST SURVEY HISTORY INDICATES THAT THE SECOND CALL OF WEST TO THE POINT OF BEGINNING HAS BEEN INTERPRETED AS PARALLEL TO THE CENTERLINE OF M STREET THEREFORE, TO ESTABLISH THE SECOND CALL WEST TO THE POINT OF BEGINNING I MEASURED WESTERLY. PARALLEL TO THE CENTERLINE OF M STREET THE RECORD DISTANCE PER DEED REFERENCE 8 TO ESTABLISH THE NORTHEAST CORNER OF THE SUBJECT PROPERTY THE NORTHWEST CORNER OF THE SUBJECT PROPERTY WAS ESTABLISHED PARALLEL TO THE CENTERLINE OF M STREET AND AT THE RECORD DISTANCE PER DEED REFERENCE NO 5 THE EAST AND WEST BOUNDARIES OF THE SUBJECT PROPERTY WERE ESTABLISHED BY HOLDING A LINE PARALLEL TO THE EAST BOUNDARY OF THE R E CAMPBELL 0 L C NO 59 MEASURED SOUTHERLY FROM THE RESPECTIVE NORTHEAST AND NORTHWEST CORNERS OF THE SUBJECT PROPERTY AND CLOSING THOSE BOUNDARIES ONTO THE NORTH MARGIN OF M STREET WITH THE EXTERIOR BOUNDARY SO DEFINED THE PROPERTY WAS THEN PARTITiONED AT THE DIRECTION OF THE OWNER AND IN ACCORDANCE WITH THE PRELIMINARY PLAN "- CITY O' SPRJNG'IBLD CAS! NO SUB 2004-00011 ASSBSSOIl'S MAP No 170921-4..3 TAX LOT 1900 PLOTTER HP DESIGN JET 6S0C INK HP .51/i40A INK FILM CONTINENTAL MYLAR JPC 4H2 PRE-SUBM\TIAt IJF(-:'D APR 1 (} 2.00E; APPROV ALS CITY OF SPRINGFIELD CASE NO SUB2004-00011 CITY OF SPRINGrlELO DA TE PLANNING DIRECTOR CITY OF SPRINGFIELD SURVEYOR DA TE LANE COUNTY ASSESSOR OA TE POAGB BNGINBBRING & SURVBYING. INC POBOX ~917 DUGBN!, OUGON 'un. (541) 415 "05 Jail No 8519, DWN BY JAO{85UP(,AT GeD, DATSI a 06 LANB COUNTY SURVBYOR9 apPleB C S FILB NO PILING DATB c RECORDED DATE. ____________ COUNTY CLERK \\r'f.-'\-Y c ,~ :)' BY _______________ '-R S OR\)t- 0-SC DBCLARATlON KNOW ALL PERSONS, THAT MARK N SEBRING AND LINDA J SEBRING ARE THE OWNERS OF THE HEREON DESCRIBED PROPERTY, AND THEY DOES CAUSE THE SAME TO BE PARTITIONED AND PLA TTED AS HEREON SHOWN ACCORDING TO THE PROVISIONS OF THE OREGON REVISED STATUTES, CHAPTER 92 AND THEY DO DEDICATE TO THE PUBLIC FOREVER THE 70 FOOT PUBLIC UTILITY EASEMENT SHOWN HEREON AND THEY DO CREATE A S 00 FOOT PRIVATE UTILITY EASEMENT WITH RIGHT OF ACCESS FOR MAINTENANCE PURPOSES ACROSS PARCEL I FOR THE BENEFIT OF PARCEL 2 AS SHOWN HEREON AND THEY DO CREATE A 50 FOOT PRIVATE UTILITY EASEMENT WITH THE RIGHT OF ACCESS FOR MAINTENANCE PURPOSES ACROSS PARCEL 2 FOR THE BENEFIT OF PARCEL I AS SHOWN HEREON AND THEY DO CREA TE A JOINT ACCESS EASEMENT AND MAINTENANCE AGREEMENT BY A SEPARATE DOCUMENT REFERENCED HEREON MARK N SEBRING LINDA J SEBRING ACKNOWLBDGBMBNT STATE OF OREGON) ) SS COUNTY OF LANE ) ON THIS DAY OF , 2006 THERE APPEARED BEFORE ME A NOTARY PUBLIC FOR THE STATE OF OREGON COUNTY OF LANE THE HEREON NAMED MARK N SEBRING AND LINDA J SEBRING AND KNOWN TO ME DR PROVED TO ME ON A SATISFACTORY BASIS TO BE THE SAME PERSONS WHO EXECUTED THE DECLARATION HEREON SHOWN AND ACKNOWLEDGED THE SAME TO BE THEIR VOLUNTARY ACT AND DEED IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES r REGISTERED 1 PROFESSIONAL LAND SURVEYOR l JULY IJ 198'" J JONA r:::G:N OAKES .os EXPIRE9 DECEMBER Jl 2006 PAGB 2 OF 2 ..--/ Notice of Decision - Type II Partition Tentative Plan CIty of Springfield 225 Fifth St. Sprmgfield, OR 97477 Date: June 28, 2004 Case Numbers: SUB2004-00011 Owner: Mark Sebnng 1132 Butte Lane Eugene, OR 97401 Developer: Mark Sebnng 1132 Butte Lane Eugene, OR 97401 Applicant: Mark Sebnng 1132 Butte Lane Eugene, OR 97401 Nature of Application: An applicatIOn for Tentative Partition Plan approval was deemed completed on March 10, 2004 The apphcant is proposing to partitIOn property at 780 West M Street, assessor's map 17-03-27-43 tax lot 1900 IOtO two (2) lots PRE-SURM\TIAL REC'O APR 1 0 2006 ii&%Wi~mitmnmtkrT"~"'~~~~~-""''''' 'h<<. - Decision: Tentative Approval, with conditions, as of the date of this leh_.. ial({{\ , Colif\ approiuZ rhiJ SiWm,tta,( f1J {(_ extOl (d.lt'~ ddf( i ~ r~ !.lJr) II Ul kif- ~ ({Cr~;;~ Other Uses That May be Authorized by the Decision: None. ConstructIOn of the approved development WIll be 10 accordance with the provisions of the Development Agreement, the Approved PartitIOn Plat, Spnngfield Development Code (SDC) and all applIcable permit procedures. Uses allowed by the SDC, but not hsted on the applIcation, are not approved and may reqUire additIOnal site and buildIng review procedures. Site Information: The site IS located at 780 West M Street The SIte is approximately 31 acres (13,504 square feet) and IS zoned and designated Low Density Residential (LOR) 10 the Metro Area General Plan Proposed lot 1 contains an eXlstmg home which IS to remaIn Proposed lot 2 currently contains an accessory bUildIng to the resIdence on proposed lot 1 and IS proposed for removal Both lots Will achIeve access via West M Street The site contaInS a 48" diameter Sequoia which shall remain as a part of proposed lot 2. A ModificatIOn of ProVIsIOns to SDC 16.050(1) rear yard setback for a 20% reductIOn from 10' to eight (8)' on proposed parcel 2 IS requested to mmlmlze impacts to the 48" SequoIa Approval of the Modification of ProvISions IS recommended in this staff report because It IS the mimmum necessary to r ~ I! 1 I ' " f i ' f f >' 1 alleviate identified dimensional problems and does not create any adverse Impacts on site or to adjacent properties Properties to the east, west, and north are zoned and designated LDR. Properties to the south across West M Street are also zoned and designated LDR Written Comments: Wntten comments were received in response to the Notice of Surroundmg Property Owners sent out March 11, 2004. Three wntten comments were received from nearby property owners m relatIOn to this application The followmg hst is a summary of Issues raised by the authors of these letters' . Maintenance of the Sequoia tree e DenSity 744 West M Street submitted the following comment . The loss of the beautiful Sequoia tree won that property would be a travesty It's a few feet from our property lme and we have enjoyed watchmg It grow ever smce It has been planted. The tree has a very promment place m ou.r neighborhood's skylme and IS greatly admired It would be sorely missed if It were destroyed for any reason . We conSider a "pan-handle" lot to be a detriment to our Immediate property by reducmg our property value We also belreve that placing a mobile home on the lot Will only add to the decreased value of our property . Our family loves thiS property for the trees that attract the birds and animals that come every day There are gettmg to be fewer birds and animals as more housmg IS created and the number of people m the neighborhood mcreases We love the open spaces that allow us to see so many' wonderful thmg about our neighborhood, but we are begmnlng to see more and more encroachmg roof tops in those open spaces 782 West M Street submitted the following comment. . As the notice IS written my wife and I are not m objectIOn of the proposed partitIOn; however, we wonder If there IS a guarantee regardzng the 48" Sequoia tree not bemg removed . If there IS any chance the Sequoia tree IS gomg to be removed we are 100% agamst the partitIOn . When I married my current wife five years ago, I had several diSCUSSIOns with Grace Fletcher regardmg the plantmg of Said tree. Her son Bruce planted that tree when "they were both wee thmgs" Grace was very proud of how both the tree and Bruce have grown, and I thmk It is part of the history of West M Street to keep that tree . If we must fight the partitIOn to keep the tree we Will, however, we would be Just as happy to have a guarantee from the new owner that he will not remove the tree 506 West Centennial Blvd #52 submitted the followmg comment . On thiS site IS one of the most spectacular examples of a SequlOa tree m all of West Sprzngfield . This property and adjommg property to-its east, 744 West M, are the last remaining large lots on thiS street and have survived only because the owners of the lots lrved there for over 50 years. Both lots add a unique country flavor to this street and to thiS neighborhood which speaks volumes about the necessity of diverSity when It comes to urban planning . Moreover, I belreve that their "green belt appearance" helps prevent neighborhood decay at thiS end of West M Street . ThiS IS a case where aesthetiC values should outweigh market forces (J t /ifi/fJ! ,"'! I i{ /U{J / f)(lf)! ! 2 . I recommend leaving this tract Intact I belleve that by dOing so will best reflect the motto of the Springfield Planmng Department "To foster lasting commumty llvablllty involving and reflecting Springfield's values, Interests, and concerns" Staff Response to Written Comments: Maintenance of the Seauoza Tree The 48" diameter Sequoia tree shall be maintained on site. A modification of provisions to rear yard setback has been requested to provide maXImum protection to the tree's root system and proVIde an adequate buildable area whIle maintaining the Sequoia tree The tree will contmue to provide scenic qualitIes to the neighborhood, represent neighborhood history, and provide habitat for area WIldlife. Densltv and ProDertv Value The proposal IS consistent with the density standards of the Low Density ReSIdentIal zone defined m the Springfield Development Code WhICh serves to provide adequate housmg within the City limits and to prevent sprawl into rural areas. The applicant is proposing to construct a residence on the back portion of the lot and not to place a mobile home on the site. Criteria of Partition Tentativ~ Plan Approval: SDC Section 34.050 states the D,rector shall approve or approve wIth conditions a TentatIve Plan application upon determmmg that critena (1) through (9) of this Section have been satisfied If conditions cannot be attached to satisfY the critena D,rector shall deny the applzcatlOn * Please note if a criterion identified m the relevant SDC sections is not listed in the findings below, the criterion'does not apply to the proposal. (1) THE REQUEST AS CONDITIONED FULLY CONFORMS TO THE REQUIREMENTS OF THIS CODE PERTAINING TO LOT SIZE AND DIMENSIONS 1. Finding: The proposal is consistent with this criterion because proposed lot one (1) is 6,091 square feet with approximately 47.8' of street frontage, more than the minimum 4,500 square feet and 45' frontage required by SDC 16.030(1); proposed lot two (2) is 7, 215 square feet with approximately 52.2' of frontage which is more than the minimum 4,500 square fee~ and meets the 45' frontage required by SDC 16.030 (1); and both parcels meet the solar access standard defined by SDC 34.010(3)(I)(a) because each lot has a north- south dimension of 133' more than the minimum 90' required. (2) THE ZONING IS CONSISTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLICABLE REFINEMENT PLAN DIAGRAMS. 2. Finding: The proposal is consistent with this criterion because site is designated and zoned Low Density Residential by the Metro Area General Plan, single-family dwellings are a permitted use in the zone; and the site is not included in any refinement plan area. (3) PROPOSED ON-SITE AND OFF-SITE PUBLIC AND PRIVATE IMPROVEMENTS ARE SUFFICIENT TO ACCOMMODATE THE PROPOSED DEVELOPMENT AS SPECIFIED IN ARTICLE 31,32, THE APPROPRIATE ZONING AND/OR ZONING OVERLAY r PRE-SUBMITTAL RECfl) d., '.' ''<f!l!!I('I,,',!!,';Ij/ fO"!!}/! APR 1 ~ 2006 DISTRICT ARTICLE AND ANY APPLICABLE REFINEMENT PLAN COMPLIANCE WITH ARTICLE 31 31.140 Planting Standards (1) Unless otherwise specified In this Code, the areas of a lot which shall be planted Include (a) All reqUired setback areas and any additIOnal planting areas as specified in the appropriate zomng district 3. Finding: This criterion is not applicable at this time. At the time of building permit review, each lot shall comply with the landscaping standards set forth in SDC Section 31.140. 31.160 Screening and Lighting Standards (1) Unless otherwise specified In thiS Code, screemng shall be reqUired 4. Finding: This criterion is not applicable at this time. At the time of building permit review, each lot shall comply with the landscaping standards set forth in SDC Section 31.160. 31.170 Parking Standards (1) Off-street parking spaces shall be provldedfor (a) All new constructIOn and expansion of multiple famIly resldentzal, commercial, Industrzal and publzc and semi-public uses If an existing development is enlarged, new parking spaces shall be prOVIded In proportion to the increase only Section 16 .070 Off-Street Parking Standards states number of spaces required per use category: USE CATEGORIES (5)(d) Detached $Ingle Family NUMBER OF SPACES 2 for each dwelling 5. Finding: This criterion is not applicable at this time. SDC 16.070(5)(d) requires two (2) on-site parking spaces for each dwelling. At the time of building permit review, each dwelling will need to provide two on-site parking spaces in compliance with SDC Section 16.070. fil,', d (f! (lH "f t, "!f df){i f t 4 31.220 Minimum Required Bicycle Parking Spaces Use One-family dwellzng MInimum ReaUlred Blcvcle Parklnf! Svaces o 6. Finding: The proposal is consistent with this criterion because SDC 31.220 requires zero (0) bicycle parking spaces for a one-family dwelling and no bicycle parking spaces are proposed. COMPLIANCE WITH ARTICLE 32 Section 32.040 Sidewalk, Planter Strip and Street Lighting (1) Sidewalks and accessways shall be constructed, replaced or repaired In accordance with the Standard ConstructIOn SpecificatIOns Sidewalks and accessways shall be located as follows (b) On both sides of local streets at the time the abutting property IS developed, except where the average slope of the development area IS 15 percent or greater In this case, sidewalks shall be required on only one side of the street InstallatIOn shall occur prior to City approval of improvements or occupancy 7. Finding: The proposal is consistent with this criterion because there are existing five (5) foot sidewalks on both sides of West M Street. (2) All sidewalks shall be placed to conform to eXisting or planned street grades 8. Finding: The proposal is consistent with this criterion because the existing five (5) foot sidewalks on both sides of West M Street conform to existing street grades. (3) Sidewalk Widths - Major Artenals 9. Finding: This criterion is not applicable to the proposal. (4) Sidewalk Widths - Other Street Classifications Sidewalks shall be 5' wide along minor artenal, collector, and local streets and cul-de-sac bulbs or as specified In the Downtown Planmng Area 10. Finding: The proposal is consistent with this criterion because the existing sidewalks on West M Street are five (5) feet in width. PRE-SUBMITTAL REC'O APR 1 0 2006 (7) Planter Strips (a) In addlflOn to planting required In accordance with Section 31 140 of thiS Code, <v'f<! P'!}; l' I IU:, If. ')'l JJkljl:l~j-{jOO / ;' 5 planter strips may be required Planter strzps are normally 4 5 feet In width 11. Finding: The proposal is consistent with this criterion because no planter strips are required and there are no existing planter strips located in the public right-of-way. Required street trees may be placed within required setback areas per SDC Section 32.050(8). (8) Maintenance of sidewalks, accessways and planter strips, except for street trees (see Sections 32 050(6) and (9)), shall be the continuing obligation of the abutting property owner 12. Finding: The proposal is consistent with this criterion because the maintenance of the sidewalk shall be the continuing obligation of the property owner. Secti(Jn 32.050 Street Trees. In addition to required planting as specified In SectIOn 31 140 of this Code, street trees shall be required for all developments approved under Type I, Type II, III, or IV procedure In accordance with the specifications of this Section The intent is to have tree-lined streets throughout the City (1) Refer to Subsections (10), (11), (12) and (13) of this Section The Publzc Works Director shall determine which species are permitted or prohibited as street trees 13. Finding: The proposal is consistent with this criterion because the existing 48" diameter Sequoia is a significant tree viewed easily from the street. If the tree should become diseased and/or is removed, the owner shall then be required to provide street trees in accordance with SDC 32.050. The applicant shall record this condition on the deed and provide a copy of the recorded deed to the City. Condition 1: The applicant shall record a deed restriction for parcel 2 that should the Sequoia be removed, the owner shall be required to comply with SDC 32.050 and provide street trees at the time the tree is removed. A copy of the recorded deed shall be submitted to the City for review and approval by the City Attorney's Office (CAO). (2) Except where there are phYSical restrictions, street trees shall be spaced at 30-foot intervals Street trees shall not be planted closer than 35 feet from the perpendicular curb line of Intersections of streets, nor within 5 feet of alleys, przvate driveways or fire hydrants 14. Finding: This criterion is not applicable at this time because the 48" Sequoia meets the intent of the street tree requirement. At the time the 48" Sequoia is no longer located on the site, the property owner shall comply with all provisions of , SDC 32.050. (3) New utllzty poles shall not be located within 5 feet of an existing street tree, unless no alternative locatIOns eXist Tree wells shall not include utility fixtures such as water \'('/'1 ",;:, Pur iili!!11 "Ie [; i1U'1 {'dO! ! 6 and gas meters, 15. Finding: The proposal is consistent with this criterion because no new utility poles are proposed and the tree well does not include utility fixtures. (4) Street trees to be planted from 10 to 20 feet from a light standard shall be of columnar shape approved by the Dlrector No street tree shall be planted withm 10 feet of a light standard or util1ty pole 16. Finding: The proposal is consistent with this criterion because no trees are proposed to be planted 10 to 20 feet from a light standard. (5) Trees shall be planted a mlmmum of 2 1/2 feet from the face of a curb Trees shall not be planted withm 1 1/2 feet of any other surface paving Space between the tree and such hard surface may be covered by an approved non-permanent hard surface includmg, but not l1mited to grates, bricks on sand, paver blocks or cobblestones Sidewalk cuts m concrete for tree plantmg shall be at least 3' m dlameter to help allow mr and water into the root area 17. Finding: This criterion is not applicable at this time because the 48" Sequoia meets the intent of the street tree requirement. At the time the 48" Sequoia is no longer located on the site, the property owner shall comply with all provisions of SDC 32.050. (6) EXlstmg street trees shall be retamed unless approved for removal durmg site development or in c011junctlOn wlth a street constructlOn project Any street tree removed shall be replaced where posslble It shall be the responslbllity of the City to plant and mamtain any replacement tree Whenever the property owner, lessee, occupant or person havmg the control or custody of any premlses or ummproved property removes a tree without the City's authorizatlOn, that person shall be responsible for rell!lbursmg the Clty for the full value of the removed tree and replanting costs 18. Finding: This criterion is not applicable at this time because the 48" Sequoia meets the intent of the street tree requirement, the tree shall be maintained on the site, and there are no existing street trees on the site. The City of Springfield Engineering Design Standards and Procedures (EDSP) identifies best management practices (BMP's) to save existing trees. The applicant shall comply with relevant methods described in Section 6.02.1 of the EDSP. For example: Section 6.02.1 Existing Trees C. Apply a four-inch thick layer of chips or mulch around the tree roots to prevent compaction of the soil where construction machinery would cross the roots. PRE-SUBMITTAL REC'D APR 1 0 2006 ;,J/ j I", r ,If til! E'J ,,>f / J:~! I~ (/'if, ' ? 7 D. Prune all roots encountered during construction using sharp tools. E. Trim low tree branches to prevent breakage. G. Tunnel or bore for utility installations rather than trenching around the trees. Condition 2: The applicant shall comply with the relevant best management practices of Section 6.02.1 of the EDSP. Section 32.060 Street Lighting Standards (1) Street lightIng design shall be in accordance with the Standard Construction Specifications The placement of streetlights shall be approved by the pubhc Works DIrector 19. Finding: The proposal is consistent with this criterion because existing street lighting is in accordance with the Standard Construction Specifications and no changes are proposed. Section 32.070 Vision Clearance Areas (3) The clear VIsion area shall be in the shape of a trzangle Two sides-of the triangle shall be lot (property) lines for a distance specified in thIS Subsection Where the lot (property) lInes have rounded corners, the lines shall be measured by extending them in a straight line to a pOInt of intersection. The third SIde of the triangle IS a lIne across the corner of the lot JOInIng the non-intersectIng ends of the other two sides The follOWIng measurements shall establish the clear VISIOn areas TYPE OF INTERSECTION EACH LOT Any Street Any Alley Any Driveway MEASUREMENT ALONG (PROPERTY) LINE 25 feet* 15 feet* 10 feet* * or larger, ifwarrantedfor safety reasons by the Pubhc Works DIrector 20~ Finding: The proposal is consistent with this criterion because there is nothing within 10 feet of the south property lines of proposed lots 1 and 2 obstructing the clear vision area of driveway intersections with West M Street. Section 32.080 Access and Driveway Standards (1) Driveway Specifications - General ~l 1 \ 1 (4 (1 f It I 1 (!II ,,\i ")Oif~/~! )f)! I 8 (a) Each property lS entitled an approved access to a public street or alley 21. Finding: The proposal is consistent with this criterion because proposed lot 1 and proposed lot 2 shall have approved access to West M Street via a joint access easement and maintenance agreement. (2) Driveway access to local streets lS generally encouraged m preference to access to streets of hlgher classification 22. Finding: The proposal is consistent with this criterion because West M Street is a local street which provides access to the proposed lots. (3) Driveways shall be deslgned to allow safe and efjiclent vehlcular mgress and egress m accordance wlth Tables 32-2, 32-3, 32-4, 32-5 and 32-6 23. Finding: The proposal is consistent with this criterion because ingress-egress points for proposed lots 1 and 2 shall utilize a joint access and as such are planned to facilitated traffic and pedestrian safety, avoid congestion, and minimize curb cuts on public streets as specified in SDC Articles 31 and 32 and the LDR zoning district. As a condition of approval, the applicant shall record a joint-use access and maintenance agreement for the shared driveway prior t~ final plat approval. Condition 3: Prior to final plan approval, the applicant shall record a joint use access and maintenance agreement for the shared driveway onto West M Street. 32.090 Bikeway and Pedestrian Trails (1) Development abutting eXlstmg or proposed blkeways ldentified in the TransPlan or t Sprmgfield Bicycle Plan shall mclude prOV1SlOns for the future extenslOn of these facllzties through the dedlcatlon of easements or nghts of way The developer shall bear the cost of blkeway lmprovements except when other property owners are benefited, other equltable means of cost dlstnbutlOn may be approved by the Clty Mimmum wldth for stnped on-street blke lanes shall be 5 feet Independent shared-use paths shall have a minimum wldth of 12 feet for two-way trafjic 24. Finding: The proposal is consistent with this criterion because there are no existing or proposed bikeways identified for West M Street. (2) Developments abuttmg existmg or proposed pedestrian tralls identified on the adopted Wlllamalane Park and Recreation Dlstnct Comprehenslve Plan shall provlde for the future extenslOn of such pedestnan tralls through the dedication of easements or nght-of way The developer shall be responslble for trail surfacmg, as approved by the Willamalane Parks and RecreatlOn Dlstnct or the Clty, as appropnate Trails shall be constructed to allow for adequate dramage and erosion control ,( ,'II!'I': ", (/1,;'1,\1//; '/jll/JII PRE-SUBM!rrAL REC'D APR 1 '0 2006 9 ~...... 25. Finding: The proposal is consistent with this criterion because no existing or proposed pedestrian trails abut the site. Section 32.100 Sanitary Sewers (1) Exceptfor proposed developments in unincorporated urbanizable land, sanitary sewers shall be Installed to serve each new development and to connect developments to existing mains Installation of sanitary sewers shall comply with the provisions of this Code, with the Standard Construction Specifications, Chapter 2 of the Springfield Code, and Department of Environmental Qualzty (DEQ) regulations In addition the following shall apply (a) All sanitary sewer mains shall be at least 8 inches in diameter and all sewer laterals shall be at least 4 inches in dzameter In the event a sewer lateral IS 4 Inches in diameter, the CIty will not accept maintenance. 26. Finding: The proposal is consistent with this criterion because there is an existing 10"sanitary sewer main (more than the minimum 8 inches in diameter required) in West M Street; proposed lot 1 has existing sewer laterals of at least 4 inches in diameter extending to the site; and sewer service line location to proposed lot 2 shall be determined during building permit review. Section 32.110 Storm water Management (4) Run-offfrom a development shall be dIrected to an approved stormwater management system with sufficient capacity to accept the discharge Where the Publzc Works DIrector determines that the additional run-off resulting from the development will overload an existing stormwater management system, the Approval Authorzty shall withhold Development Approval untzl provisions, consIstent WIth the Engineering DesIgn Standards and Procedures Manual, have been made to correct or mztlgate thIS condition 27. Finding: The proposal is consistent with this criterion because run-off from the development shall be directed into an existing 12" diameter storm pipe which is of sufficient capacity to accept the discharge from the site. Section 32.120 Utilities (1) CoordinatIon (b) The developer shall be responsible for the design, installation and cost of utllzty lines and facllzties to the satIsfaction of the utility provIder 28. Finding: The proposal is consistent with this criterion with the condition of approval that all utility installations shall be coordinated with the appropriate utility provider. ,. ;, ,/1'> "i " 'f{}r); ! 10 Condition 4: All utility installations shall be coordinated with the appropriate utility provider. (2) Whenever possIble, all utlllty lines shall be placed underground However, overhead and above ground facllitles shall be permItted for the following. (h) EXIsting non-backbone dIstributIOn feeders located on existing streets on developed or undeveloped land 29. Finding: The proposal is consistent with this criterion because utility lines shall be placed underground; and the existing electric overhead line, a non- backbone distribution feeder shall serve proposed lots. (3) Each development area shall be prOVIded wlth a water system having suffiCIently sIzed mains and lesser lines to furnish adequate supply to the development FIre hydrants and,malns shall be installed by the developer as required by the FIre Marshal and the utlllty proVIder 30. Finding: The proposal is consistent with this criterion because the existing 6"water line is sufficiently sized to furnish adequate supply to the development. (4) Major Electrical Power TransmissIOn Lines (a) Exr;ept as prOVIded in (b) and (c) below, in the event It IS necessary to Increase the capacIty of major electrical power transmISSIOn lines to prOVIde serVIce, utlllty prOVIders shall prOVIde such increase by use of eXIsting rights of way or easements 31. Finding: The proposal is consistent with this criterion because existing electric service is adequate to serve the site and no additional capacity of major electrical power transmission is necessary. (5) Publlc Easement (a) Utllity Easements An appllcant proposing a development shall make - arrangements WIth the City and each utlllty prOVIder for the dedIcatIOn of utlllty easements necessary to fully servIce the development or land beyond the development area The mInimum wIdth for publlc utlllty easements adjacent to street rights of way shall be 7 feet The minimum WIdth for all other publlc utility easements shall be 14 feet However, the utIlity provider or the Public Works DIrector may reqUIre a larger easementfor major water mains, major electriC power transmission lines, sanitary sewer lines, stormwater management systems or In any other sltuatlOn to allow maintenance vehIcles to set up and perform the required maintenance or to accommodate multIple utlllty lines Where feaSIble, utlllty easements shall be centered on a lot line PRE.~UBMIITAL REC'D APR 1 0 2006 .u<<,,-> 'u ff, (1;'1 ";\ I'fj / It/\it f f 11 32. Finding: The proposal is consistent with this criterion because a 7' public utility easement is provided in the right-of-way of West M Street. COMPLIANCE WITH ARTICLE 16 16.010 ESTABLISHMENT OF RESIDENTIAL ZONING DISTRICTS (1) LDR LOW DENSITY RESIDENTIAL DISTRICT. The LDR District is Intended to fully Implement the Metro Plan low denslty residential deslgnatwn, any applicable refinement plan and establ1shes sites for Low Density Residential development where the minimum level of urban services are provided The maximum dwelling Units per developable acre permitted IS 10, consistent with the provlswns of this Code. Fractions will be rounded down to the next whole number 33. Finding: The proposal is consistent with the density requirement of the LDR district because the site is .31 acres with a total of two (2) dwellings (one existing and one proposed) for a density of 6.45 which is less than the maximum dwelling units per developable acre allowed in the LDR district (10 units). 16.030 LOT SIZE STANDARDS The minimum lot size In all residential districts shall be as follows (1) Lots on east-west streets shall have a minimum lot size of 4,500 square feet and a minimum lot frontage of 45 feet 34. Finding: The proposal is consistent with this criterion because proposed lots 1 and 2 are on an east-west street (West M Street) and lot 1 is 6,091 square feet and lot 2 is 7,215 square feet. 16.040 LOT COVERAGE STANDARDS (1) Except as specified in Subsection (2) of this Section, the maximum coverage of the lot by all covered structures in all residential districts shall not exceed 45 percent 35. Finding: The proposal is consistent with this criterion because proposed lot 1 has less than 45% coverage by all covered structures; and at the time of building permit approval proposed lot 2 shall not exceed 45% of lot coverage by all covered structures. 16.050 SETBACK STANDARDS In all residential districts, each lot shall have setbacks of not less than the follOWing sizes unless otherwise providedfor In this Code: (1) Front. yar.d, street Side and rear yard setbacks, including panhandle lots shall be 10 feet The front and rear yard of panhandle lots shall be based on the orientation of "\~> ,1" {f > ,/; <} " I 'I' '/ii I IJiJi) I i 12 the front and rear of the house occupYing the lot Garages facing the panhandle dnveway shall be setback 18 feet from the pavement edge or future edge where gravel exist. See also Section 16 110(4)(a)2, (4)(c)land (4)(c)2 of this Code for multl-famlly development 36. Finding: The proposal is consistent with this criterion because the existing house on proposed parcell meets the front yard and rear yard setbacks, does not have a street side yard; and with the condition of approval that the request for modification of provisions to allow a 20% reduction to the rear yat:d setback (from 10 feet to 8 feet) is approved. The modification of provisions contributes to the preservation of the 48" diameter Sequoia tree on proposed parcel 2 by minimizing impacts to its root system. The following findings under compliance with Article 11 discuss the proposal's compliance with the criteria for modification of provisions. Condition 5: Modification of Provisions to SDC 16.050(1) allowing the rear yard setback to be eight (8) feet instead of the required 10 feet is approved. (2) Except for attached dwellings, interior side yard setbacks, including panhandle lots shall be 5feet See also Section 16 100(4)(d)2 of this Codefor multl-famzly developments The side yards of panhandle lots , 37. Finding: The proposal is consistent with this criterion and per exception 16.050(4) discussed below. (1) Except for garages and carports, acce,ssory structures shdll not be l(}cated between any front or street side yard and a pnncipal bUilding and shall be set back at least 3 feet from interior side and rear lot lines 38. Finding: The proposal is consistent with this criterion with the condition of approval that the applicant either provides three (3) feet of setback for the , carport on proposed parcell from !he property line or installs a one-hour fire wall consistent with building code requirements. Condition 6: The applicant shall either provide three (3) feet of setback for the carport on proposed parcell from the property line or install a one-hour fire wall consistent with building code requirements. COMPLIANCE WITH ARTICLE 11 11.030 CRITERIA (1) Modification of Provisions The Director may adjust any quantitative standard of this Code involVing up to a 20 percent reductIOn or Increase not in conflict With other applicable standards prOVided that (a) Locational or dimensIOnal problems have been Identified, an~RE-SUBMIITAl REC'D APR 1 0 2006 t;;!l~}' fii1ff!f(('u,")I/ ,c.(:; C(!/,'/ 13 39. The proposal is consistent with this criterion because the location of the 48" Sequoia and its root system present dimensional problems for the building site. By reducing the rear yard setback standard by 20% from 10 feet to eight (8) feet construction activities will have minimal impact on the root system. (b) The proposed adjustment IS the minimum/maximum necessary to alleviate the identified dimenSional or 10catlOnal problem, 'and 40. The proposed adjustment is the minimum necessary to alleviate potential negative impacts to the Sequoia's root system. (c) The follOWing adverse effects on neighboring propertied will not occur as a result of thiS Modification of ProvisIOns 1 creates demand for on-street parking, 41. The proposal is consistent with this criterion because the reduction of rear yard setback from 10 feet to eight (8) feet does not create demand for on- street parking. 2 Increases noise, odor or dust, 42. The proposal is consistent with this criterion because the reduction of rear yard setback from 10 feet to eight (8) feet does not increase noise, odor, or dust. By providing for the maintenance of the 48" Sequoia on-site a buffer for noise and dust is maintained. 3 creates vision clearance area hazardfor pedestrians, bicycl1sts or motor driven vehicles, 43. The proposal is consistent with this criterion because the reduction of rear yard setback from 10 feet to eight (8) feet does not create a vision clearance area hazard for pedestrians, bicyclists, or motor driven vehicles. 4 encroaches on solar access, or 44. The proposal is consistent with this criterion because the reduction of rear yard setback from 10 feet to eight (8) feet does not encroach on solar access. 5 creates a hazardous fire preventIOn or fire suppressIOn sltuatlOn 45. The proposal is consistent with this criterion because the reduction of rear yard setback from 10 feet to eight (8) feet does not create a hazardous fire pre,:,ent~on or fire suppression situation. " i, I. 'I' .'). Ii '{III'! I)OO!! 14 (4) PARKING AREAS AND INGRESS-EGRESS POINTS HA VE BEEN DESIGNED TO FACILITATE VEHICULAR TRAFFIC, BiCYCLE AND PEDESTRIAN SAFETY TO A VOID CONGESTION, PROVIDE CONNECTIVITY WITHIN THE DEVELOPMENT AREA AND TO ADJACENT RESiDENTIAL AREAS, TRANSIT STOPS, NEIGHBORHOOD ACTIVITY CENTERS, AND COMMERCIAL, INDUSTRIAL AND PUBLIC 'AREAS, MINIMIZE CURB CUTS ON ARTERIAL AND COLLECTOR STREETS AS SPECIFIED IN ARTICLE 31, 32, THE APPROPRIATE ZONING AND/OR ZONING OVERLAY DISTRICT ARTICLE AND ANY APPLICABLE REFINEMENT PLAN; AND COMPLY WITH THE ODOT ACCESS MANAGEMENT STANDARDS FOR STATE HIGHWAYS 46. Finding: The proposal is consistent with this criterion because: · vehicular traffic, bicycle and pedestrian safety are facilitated by West M Street. Both streets are designated as local streets under the jurisdiction of the City of Springfield. West M Street has 36' of paving and is fully improved with asphalt paving, curb/gutter, sidewalks and street lighting; . congestion is avoided because based on ITE Land Use Code 210 (Single-Family Detached Housing) trip generation from the three new parcels would be 29 vehicle trips per day and three PM peak-hour vehicle trips; and according to the "Household" survey done by LCOG in 1994, 12.6 percent of household trips are made by bicycle or walking and 1.8 percent by transit bus which creates the need for facilities for pedestrians and bicyclists and the function and capacity of existing transportation facilities is adequate to accommodate additional trips generated by the development; and the existing sidewalks, West M Street is adequate to address any additional pedestrian or bicycle trips generated by the development, and the site is served by a transit facility located at the intersection of Rainbow Drive and CentenniaJ BJvd; , · connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industriaJ, and public areas is provided via existing infrastructure; . no curb cuts to an arterial or collector are proposed; and · no state highways are involved in the proposal. (5) PHYSICAL FEATURES, INCLUDING, BUT NOT LIMITED TO SIGNIFICANT CLUSTERS OF TREES AND SHRUBS, WATERCOURSES SHOWN ON THE WATER QUALITY LIMITED WATERCOURSE MAP AND THEIR ASSOCIATED RIPARIAN AREAS, WETLANDS, ROCK OUTCROPPINGS AND HISTORIC FEATURES HAVE BEEN EVALUATED AND PROTECTED AS REQUIRED BY THIS CODE 47. Finding: The proposal is consistent with this criterion because the 48" diameter Sequoia tree shaH remain on proposed parcel 2, and there are no watercourses, wetlands, rock outcroppings, or historic features located on the site. PRE-SUBMITTAL REC'D APR 1 0 2006 \,'1,/ i.!', /'ulil}!u'! ,,>,,!ij.'OUI O(i(ili 15 (6) THE PROPOSED DEVELOPMENT AND ASSOCIATED SITE ALTERATIONS HA VE BEEN DESIGNED AND LOCATED IN A MANNER THAT DEMONSTRATES THAT THEY WILL PROTECT THE STATE AND FEDERALLY DESIGNATED BENEFICIAL USES OF AND STANDARDS FOR GROUNDWATER AND SURFACE WATER QUALITY ON AND/OR ADJACENT TO THE SITE AND WILL ENSURE THAT STATE ANTIDEGRAGATION REQUIREMENTS ARE MET 48. Finding: The proposal is consistent with this criterion because the site is located in an area of concentration having a 99 year time of travel classification; and run-off from the development shall be directed into an existing 12" diameter storm pipe which is of sufficient capacity to accept the discharge from the site. (7) DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY UNDER THE SAME OWNERSHIP CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE 49. Finding: This criterion is not applicable because there is no remainder of the property under the same ownership. (8) ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED ACCESS THAT WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE 50. Finding: The proposal is consistent with this criterion because adjacent land is provided access via West M Street and via West N Street that will allow its development in accordance with the provisions of this cO,de. 51. Finding: Based on the preceding findings, staff recommends approval with conditions of the Sebring Partition (SUB2004-00011). What Needs To Be Done by the Applicant to Obtain Final Plat ApprovaJ?: The applicant wIll have t;vo years from the date of this letter to meet any attached condItIOns or Development Code standards and to obtain Final Plat Approval. A separate application and fee will be required. The application must be submitted to the Springfield Development Services Department Upon sIgnature by the City Surveyor and the Planning Manager, the Plat mylar may be submItted to Lane County for recordation No individuaJ lots may be transferred until the Plat is recorded and a mylar copy of the filed subdivision returned to the City Surveyor. Conditions of Approval 1. The applicant shall record a deed restriction for parcel 2 that should the Sequoia be removed, the owner shall be required to comply with SDC 32.050 and provide street trees at the time the tree is removed. A copy of the recorded deed shall be submitted to the City for review and approval by the City Attorney's Office (CAO). 2. The applicant shall comply with the relevant best management practices of Section 6.02.1'ofthe EDSP. \ ,I,! i I. ,f, J \ ') I, ," , ') 1',,\, < ' 16 3. Prior to final plat approval, the applicant shall record a joint use access and maintenance agreement for the shared driveway onto West M Street. The estimated location shall be shown on the final plat. 4. All utility installations shall be coordinated with the appropriate utility provider. 5. Modification of Provisions to SDC 16.050(1) allowing the rear yard setback to be eight (8) feet instead of the required 10 feet is approved. 6. The applicant shall either: . Prior to final plat approval, adjust the shared property line to provide three (3) feet of setback from the wall of the carport; OR . Prior to the issuance of a building permit, show a one (1) hour fire wall as the east wall of the carport. AdditionaJ Information: The application, all documents, and eVidence relIed upon by the applIcant, and the applicable criteria of approvall;ire available for free inspection and c<?Ples are avaIlable for a fee at the Development Services Department, 225 Fifth Street, Spnngfield, Oregon. - . Appeal: This Type II Tentative Partition Plan decision IS considered a decIsIOn of the Director and as such may be appealed to the Planning CommissIOn The appeal may be filed With the Development Services Department by an affected party The appeal must be In accordance with SDC, Article 15, Appeals An Appeals applIcation must be submitted to the City With a fee of $250 00 The fee will be returned to the appellant If the PlannIng CommissIOn approves the appeal applicatIOn In accordance With SDC 15 020 which prOVides for a 10 calendar-day appeal penod and Oregon Rules of CivIl Procedures, Rule lO(c) for service of notice by mail, the appeal period for thiS deCISIOn expires at 5:00 p.m. on July 9, 2004. ' Questions: Please call Denise Walters in the Planmng DiviSIOn of the Development Services Department at (541) 682-~341, If you have any questIOns regardIng thiS process PERMITS REQUIRED o An LDAP permit wIll be reqUIred for all gradIng, filling and excavating being done · All new sewer taps wIll require permits from the PublIc Works Department pnor to connectIOn · Buildmg permits wIll need to be obtamed SYSTEMS DEVELOPMENT CHARGES - The System Development Charges are determmed when a building permit is issued. The cost relates to the amount of mcrease m impervious surface area, transportation tnp rate, and plumbing fixtures. Please consult the Buildmg and Engineering Divisions 11S soon as possible to determine estimated fees prior to submitting for buildmg permits. Prepared By: Demse Walters Assistant Planner PRE-SUBMITTAL REC~D APR 1 0 2006 \, /;1'" ': /' 11 f:}l ,11 \~~I ))_"'fJu I iJOO; f 17 ~",)~ , tn/J /r t! / i: ~) , , (f , I )i} '" 18 u.~ _~:'l::-.__~. .. D/ \LY I Ie- t , ] WARRANTY DEED WPT 203823 10-77668 TAX ACCT. NO 235158 MAP NO 17 03 27 43 01900 AARON R. MERRILL and LEAH D. MERRILL, Grantor, conveys and warrants to MARK N. SEBRING and LINDA J. SEBRING, husband and w~fe, as tenants by the I ent~rety, Grantee, the follow~ng descr~bed real property s~tuated ~n LANE County, OR, free of encumbrances except as spec~f~cally set forth here~n, to-w~t SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE Th~s conveyance ~s subJect to and excepts RIGHTS OF THE PUBLIC IN STREETS, ROADS AND HIGHWAYS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD The true cons~derat~on for th1S conveyance 18 $121,750 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 FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. U;~~ AARON R MER~ ~04 // fY/1/~ LEAH D MERRILL STATE OF OREGON ss County of LANE Th1S 1nstrument was acknowledged before me ~~d LEAH D MEAAUL NoC.ry 'ubI," 0' Ore~~\1 \ . ~ J' My comm~ss~on exp~res I ~C:J on Jrr:rmrev \1 , 2003, (i) OFFICIAl SEAl Ii LORI E HALLADEY . NOTARY PUBUC . OREGON COMMISSION NO 346525 MY COMMISSIOlHXPIllfS JlJIY 14. 2005 Unt1l a change 1S requested, all tax statements shall be sent to the follow~ng address 1132 BUTTE h~, EUGENE, OR 97401 After record~ng return to: Western P~oneer T~tle Co , POBox 10146, Eugene, OR 97440 r Dlvlslan of Chlef Depuly Clerk Lane Counly Deeds and Records 200J.12ijD~D $31.00 ,1'1' 1IIIIIIIIrlr'IIIIII :10 0~528327200301206860120021 12/17/200302:19:07 PM RPR-DEED Cnl=l Sln=5 CRSHIER 07 $10.00 $11 00 $10.00 , I PRE-SUBMITTAL REC'D APR 1 0 2006 , .A \ ;tZ:r~~.." ". -.~Yf _ .r......"".. EXHIBIT "A" Beg~nn~ng at a po~nt 262 8 feet South and 830 feet West of a stone monument on the East l~ne of the Robert E Campbell Donat1on Land Cla~m No 59, TOWTIsh1p 17 South, Range 3 West of the W~llamette Mer~d~an, wh~ch ~s 21.68 cha~ns North of the Easterly Southeast corner of sa~d Donat~on Land Cla~m, thence South 120 feet to the Southeast corner of that tract of land deeded to John D Pendergrast, et ux, recorded May 29, 1947, Book 348, Page 666, Deed Records of Lane County, Oregon and the true po~nt of beg~nnlTIg, thence West 100 feet, thence South 134 feet, thence East 100 feet, and thence North 134 feet to the place of beg~nn~ng, ~n Lane County, Oregon ~ 1 i J ., '] ~i -J ~ ~ ~ 4 1 ~ 1 ~ j j J '- . '" " ~ m PRE-SUBMITTAL REC'O APR 1 0 2006 ~" ~-;F: ~i:t ,..~ t ~- :IP: ,~ (, _ t I f, t " ;; " :l f , 1 i 'i , ! , ~ ,~-~;j - '~?::~ ~~ ~... .,,:\:~'Jj',..r; :;~~j --. PORM.... 111J--MIMOI\AHDUM of ON > ...Wl COHTIAtT. .I~ t;14f7 El,T 1;/61.J. COPl'AIG"T i........ .1'..11.......... L4W rvaL,g.MfNO co.. NDTLAlfD. OQ .,... 9~tf178 MEMORANDU~ OF LAND-SALE CONTRACT @ I I II i i I ,j Ii i I I " Ii It I i II 'I I' I KNOW ALL MEN BY THESE PRESENTS, that on _..__.............................no..........M~y..._. ............., 19.~.L..., ....,... ......................................... .......... ., ........... ........._._>>.ESSIUABSlURE. .................__........................98 vendor(s) and no ...... ................ .......................... .......................................BJ:.J...LL.A....1l0LME.S......... .............................................., all vendee( I) made and entered into a certain land-sale contract wherein said vendor(.) atreed to 1011 to laid vendH(s) and the latter atreed to purchaae Irom said vendor(.) the tN-simple title in and to the tollowin4 deacrib&d real property in ... ... .. .........MfMl!':............. ......County, State 01 Ore4on, to-wit: Beginning at a point 389.8 feet South and 930 feet West of a stone monument on the East line of the Robert E. Campbell Donation Land Claim No. 59, Township 17 South, Range 3 West ot the Willamette Meridian, which is 21.68 chains North ot the Easterly Southeast corner of said Donation Land Claim, and run thence West 100 teet; thence South 127 feet; thence East 100 feet and thence North 127 feet to the Point of Beginning, in Lane County, Oregon. The true and actual conaideration lor the trana/er, set lorth in said contrect, is l.a~..O.O'OJUL., payable $15..00.0.D.0..... down on 1M sitnin401 said contract and the b411ance payable in IX! monthly, 0 quarterly, 0 aemi-annual, 0 annual lIlatallment. (indicate which) 01 not leaa than 1...30'O'.'O'O....._.......NCh; all deferred payment. bear intoreat at the rlllte 01 ,...JL.....% ".r annum tram the date 01 tUJid contract until paid. In Witneas Whereol the said vendor(s) has execut;d this memorandum on ......._..._.........~1~y...--................, 19JU.... 11 the vendor is a corporation it has caused its name to be litned and its aea! aflixed by an olticer or other person duly authorized to do so by order 01 ita board 01 directors. ( : 1- . ., THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE; SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LANtS 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 DEPART"IENT TO VERIFY APPROVED USES. - ~ I ~~_.~............,............................. . .......... .., . Bessie I. Abshire ............................. ........ .......t)8t&mY~'2479111011<l:.~ .... ........ s;rn ......n... .....,....... ~:..:.==..-:.~:~;~~;~rtmD".~~~ -. .. .... . --- -~-_. :: ~~~~~i::;()~~;==~~t:t:.~:~:=~==~:=!':=:~==~.==~~:~: II . ~~~~~~;~~~~~~~~~~~~~~~~;~~~~~~i=.~;~~~~=~~ II NOTARY PUBlIC-OREGON ~ ""' .. . ....-.... _._...._....~.........._._...._......__. COMMISSION NO.~ Notary Public tor Oregon MY COMM\SSlON~~ES. A.~.~ ~ .~~..J My commiasion expires ...._........_.........._.........._,.__..._.._ .. "....~- .. -- -- ~~-- NOTE. The ~.. ..'- 01>011 be ,oc",dod by .ho c. .. _ lot., :::J5....~ o!'o:" 93 ~'IOI. _trod I, ..-od and tho port," "'. !I STATE OF OREGON, -ss. I VU.COR . 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KE P"'l>~ "'= 800'<: 4-, PP,6lGS lIP 4 4B, 'P<-AT ~E:CO~O.!; ~S21402 LANE COUNTY SURVC:YORS OFFICE C S FILE NO 2. 7, 1./17 SURVEY RECE1VED I Z - 19 -79- FILE SIZE 14)l ,17 FILING OATE IZ-22-7F) /"- P ~ , ~ c.o 0 - 0 ~ "-I <::> ~ """I a; 0:::" --. a...... - cr <;( a.l. ~ Fd '/S"IK I I " n... h-- , : <0 cr IX) n; <"- - eASI::' OF BEP,.W..lu Etc.. '5' -- - ---J o 50'! / ,/ 30' I I , I ." I Ul Z ~ .-J ~ d <t oil ~ .... '.., ... ~ I- "2 I- I : o ' I <.J :0 Ul, .!l W r() rt 0 (L 5/6 t 1<: (F4 ____0' l /' , f'd.P~l\lF\I\"~ ) O?~c _________ ~d f>1:.. ,-,p,,1. ~- I( " Fd ~'1' \.P a ~'Z. El\S.T OF '0 ~ C J,..\,-!~ OJ;f' REGISTERED " PROFESSIONAL , LAND SURVEYOR ffi4L;' ~ 1 0 n r. G 0 ~J . SE=p"'fE-V :R 2'3 '9/7 I HAROLD A Lt:EDOlYl '- 1249 / ~JJ ? r I I \ 5 to se: CO~ RE CAMF6€LL."D L<:. #5"1 " \" \ '1_~ p.. :'I \J S...... Z,1 SJ, A RECORD OF SUR\JEY Fog. l:>/'>..tV - lEE TI~\JELOPE..K:S J~ I L IOH-'Wf'" l lu...iJ Ic-\Z'8 '-'V..lW;;::M.: 8V 'D 1-\ ICK BY Mew ISCAL€. J>..~ NClTE.O '20 24 I"~~..J .l.. "..:- '-. .JJ (~"-..:..\'"'--"'" r_, t ,....." - ~""CJ/ GNGINEERJNG SURVEYING PLA!\mJlNG "HeIST qCCiIONAL CONSULTANTS. INC. l34'2 HIGH STI<"Ei:::i" E"~C:>E~l:...,_O~E'::>~~ Cl.,40\ 900l 0 1 Cld\t al~j~ T~lllV'!anS-3~d [-- S.87''''3B:5i:J'tF //~ 98 I ~ 4'0 Q:) a~ 7", 98 , ~ . ~ fiOct)' l\,. I ~ '1J.. " 7(&> 98 610 1~}~'Iv ~ fi are 'l~d tl'l ~ 11) ~I$ 'I ,. to ~ {f 1'~~ ~, It:>~~ "rn .sa7~~ ~ tI;) re ~ lor G ~ -;q.; ~ Lor '8 .. 0.. lJ, "I~ R 0 /JVIT/RI.. PO/VT I t It) I ~ OF S'V"eVr~ 1),,'1/ 61e; ~ !;10 , i.. to &:lQ:) '" 5~1' ~';VJ ..uB7'3e~ w 11(P 9B (e~s/s OF ,86=",.Q.eING) . ~ ~ _~,o ..l 6/6 fl ''M'' .sT4!E~T e IF'r c=-..e/f'IJC C!' C 5 rlt.C: AlO /7477 /' ~ ),t\-", / ,,},! \ ~ ( i\')"1 11\11 II \1 III , '" '" I ~~" , " ,_ _ ~'.... -.:,. , ont, .~,_ .. ...- \ - '",.J ~~ ~ 1 " ~ r~1' (........, ... .. t . <,r, 1", \' - . r C' I .. 1"... \ '" )" '- /' . " 'I ^ )703~?7-4'.3 rL ~ ... LEE C. PLANTS PROFESSIONAL ENGINEER a LAND SURVEYOR 54 CENTENNIAL LOOP, EUGENE, OREGON (503) 686-9211 810 KINGWOOD STREET, FLORENCE, OREGON (503)991-8411 (. F r; i-T ;:- - .,- ~ l J 1)\ "" '1 (1 ~ 1 L ': -': -. ::~_I_ ~~~~<~_J 'Md/.~_4._7(~ . ~ I ~ PROJECT PROPERT'I SI./RVtF'l.f C LIE NT GU~.vJ../ ce/E'G~e LOCATION 5WI/4,5EI/4, S/f'Ci?7, il75',R.!JW W fA SP,el)../GR€"LD, LR,vE cou,vr", ORe DRAWN BY: cw FE.t3RU,q.e4 /979 f _ _ _ 3'aO::/ ' -~~-- ---~ '-It ~J!I fO ~ ~ ~ ~ l} l1;). oJ ~ ~ " ro ~ ~ " .~ ~ ~ ~ 1 re '~ ;..... ~ ~} II ... ~ r'\ , )- i....... (.J J" \ "'* "#--b, ....l \, t 1 j'r rO ;,eOJ,./ PJ;...I SeT f IV S-RVO STOAl~ I I , I Q: l'- .... I ~ o z al o -, ~\ ~ ~ ~ ~ ~ IT) ~ v) I"- "" h. !:}I' Ie) ~ \j -J ~ I ~ -.) ~ ~ ~ ~ " ~ ,\U ~ ~ IJ ~ ~ '~ ~ ~ ~ ~ ~ " -J ~ ~ / / ! c.qsrse:- coE OP'THE ~.eT e- C~MP8Et.'- .oU,VO .:591 r175, REWW M -,FOVUt;) IU PREVIOUS SuevC'4 I , I r' '.) -::; I ?- r 1 I - I ..: ! . I '\ ,<"") " ...-...........- -.........., .. , 'UN ;,1 N Nr--J . I t:: I --1 : I ...Q I a. f., r I : ' I :'") I . _ --- I j~ ---] ~ l\ JO B iNO 7'(-I7JlPI ~ It (1 --) ()"73 ,~ ~ . ,. -"~:_"'.-~.~--"". "~.:~::~.;;.:~a~.~-~','.--:'l;~,,~'" .-;1,--:.-:'-'.-"~"----.';".' -;,.,. ~"" ,.., ..;;,;:'.tT....'...__ " . ,_ .-. "'_. .n .._.'~, --. ~,~ "" ,.... ,~~~",'-.. ~- _..,,~.~ ....... _~ '-""'"......""'-.,... """'"'_~ _~~,~, ............... ..__" ,_~u" ~]: ~ LANE COUNTY SURVEYORS OffiCE · C S FILE NO ,?:3"'Zlo j FILING DATE ~, 8..:..'l6.. I V ~ 1 ,~ .... I MARVIN S KRUSH .........u., THAT THIS IS AN EXACT COpy OF THE FINAL PLAT AS SH01fN LAND PARTITION PLAT NUMBER 96-P0802 L (BASIS OF BEARING S87 38 50"E 200 39 PER REF NO 1) N 87" ~~~ S 87 38 50" E 10000 0> 0 (N87 3B' 50~ 16g 3: ~~~ ~i. NO 1)g) _ (EAST 1~0 00 PER REF NO 2) '" 0:: [ ". (::.87 38 50 E 10900 PER REF NO 1) 50' \ N B7 38 50" W 72813 FOUND 1 1/2" IRON - - ~ 5000 (WEST 7 Jl r--- - 30 00 PER REF NO 2) ROD PER REF NO 1 7 0 P U E I 7 0 P-U EJ " ~ "-FOUND 5/B" IRON ROD --L I PER REF NO 1 HELD . -50 0 ftS INITIAl POINT /0 rlOO PUE z'N g~ 0 ~oo ~~ l~ I ~z~ ~o:: PARCEL 1 ,; I PARCEL 2 e:;t;;:::! .we:; 6349 SQ FT ~ 6349 SQ FT 0.. ll: ~ '00.. 00:: ,8 I ow' 00 l ~~g ~ 0 OJ ~ o~ g;j" IN I 000 N ~"N t<) t<) "I ziE IVl I 0'1- f"') ~ o~~ o -~ 3. I I ~~ t<)~ I I ~ 50 00 I I 50 00 (WEST 100 00 PER REF NO 2) N 87 38' 50" W 10000 9'1- cO . 'l\ \9 \? m-:. --J.x.-L.. MARVIN S KRUSH P 1..S WEST "N" STREET ,- ., ~ "I FILED r 3,f,'tb COUNTY CLERK BY t<<:J-i. g~ ~~ ~ N g~ l.o.. -.t W lO 0:: :: e:; ~ a. . ~ g ~~ DATE OF SURVEY JANUARY 15 1996 FOUND 5/8" IRON ROD MARKING ESE COR OF R E CAMPBELL D L C NO 59 IN T 17 S R3WWM t<) :r: >- (IJ 0:: o ~ DESCRIPTION BEGINNING AT THE INITIAL POINT OF THIS PLAT WHICH IS MARKED BY A 5/8" IRON ROD FOUND PER COUNTY SURVEY FILE NO 22281 SAID INITIAL POINT BEING ON THE SOUTH- ERLY MARGIN OF"N STREET, SAID INITIAL POINT ALSO BEING NORTH 3 28 00" EAST 116443 FEET AND NORTH 8, 38 50" WEST 728 13 FEET FROM THE EASTERLY SOUTHEAST CORNER OF THE R E CAMPBELL DONATlON LAND CLAIM NUMBER 59 IN TOWNSHIP 17 SOUTH RANGE 3 WEST OF THE WILLAMETTE MERIDIAN THENCE LEAVING SAID SOUTHERLY MARGIN SOUTH 3 28 DO" WEST 127 00 FEET THENCE NORTH 87 38 50" WEST 100 00 FEET THENCE NORTH 3' 28 00. EAST 127 00 FEET TO SAID SOUTHERLY MARGIN THENCE ALONG SAID MARGIN SOUTH 87 38 50" EAST 100 00 FEET TO THE INITIAL POINT OF BEGINNING IN lANE COUNTY OREGON L FOUND 5/8" IRON ROD PER REF NO 1 (GRID=S 89 31 02" W 190880 NAD 27, SOUTH lONE) S 89 30 3D" W 190880 . tOUND 3" DIA BRASS CAP MARKED LCCM 290 1986, SET BY LANE COUNTY SURVEYORS omCE IN 1986 SOUTH ZONE NAD 27 COORDS N 880938 52 & E 1 330049 38 b,9 c'l- S OUND 3" DIA. BRASS CAP MARKED LCCM 291 1986, SET BY LANE COUNTY SURVEYORS OFFICE IN 1986 SOUTH ZONE NAD 27 COORDS N 880954 60 & E 1331958 11 DECLARATION KNOW ALL MEN THAT RONALD G AND MINDY A KEPHART ARE THE OWNERS OF THE HEREON DESCRIBED PROPERTY AND THEY DO HEREBY PARTIT10N AND PLAT THE SAME ftS SHOWN HEREON AND THEY DO HEREBY DEDICATE TO THE PUBLIC ALL EASEMENTS AS SHOWN HEREON ~ ~ (\ K!,,:W" ~ GG KEPHART::l- MINDY ~EPHARf ACKNOWLEDGEMENT STATE OF OREGON)SS COUNTY OF LANE) PERSONALLY APPEARED RONALD G KEPHART AND MINDY A KEPHART WHO BEING KNOWN TO ME TO BE THE IDENTlCAL INDIVIDUALS WHO EXECUTED THE FOREGOING INSTRUMENT AND THEY ACKNOWLEDGE SAID INSTRUMENT TO BE THEIR VOLUNTARY ACTS AND DEEDS ACKNOWLEDGED BEFORE ME THIS ~ DAY OF ~'LrV iI~ '1?;J1~ 1996 ~----------------~"-~-i . OFFICIAL SEAL ' HOWARD p t:OOAt! : NOTAAYPU3L1C OREGON . COU;~tSSION 1'.0 043313 : . MY COIlIollSSION EXPIRES NOV 08. 1s:9 ; ------ ----_______'. _____h_',-' AFFIDAVIT OF WAlSUJT IAJ REEL ZI4BR, IAJ5T UO %14853, .. IAl5T .lJl) %/fB54, UllE. Cll DRfWAl DE.Ell Il.ELDRD5 17-03-27-4-3 #1700 \, REFERENCES 1 ) COUNTY SURVEY FILE NO 22281 KRUSH 1978 2) TRUST DEED IN REEL 1953R, INSTRUMENT NUMBER 9438148 LANE COUNTY OREGON DEED RECORDS RESTRICTIONS ELECTRICAL DISTRIBUTlON FACILITIES SHALL BE UNDER- GROUND AND SUBJECT TO THE POLICIES AND PROCEDURES OF THE SPRINGFIELD UTILITY BOARD NOW IN EXISTENCE OR AS HEREAFTER AMENDED THIS PLAT DOES NOT CONTAIN A WATER RIGHT BOTH PARCELS ARE SOLAR ACCESSIBLE PER APPLICABLE CITY OF SPRINGFIELD CODE NO BUILDING, STRUCTURE TREE SHRUBBERY OR OTHER OBSTRUCTION SHALL BE PLACED ON OR IN A PUBLIC lfTlLlTY EASEMENT LEGEND II FOUND MONUMENT AS NOTED @ INITIAL POINT o SET 5/8" X 30" IRON ROD WITH YELLOW CAP MARKED KRUSH P LS 1643 (-) DIMENSION OF RECORD RONALD Go & MINDY A. I{~PHART CITY OF SPRINGFIELD JOURNAL NO. 95-07-144 SW 1/4 OF SE 1/4 OF SECTION 27, T 17 S, R 3 W, W. M., SPRINGFIELD, LANE COUNTY, OREGON NARRATIVE THE PURPOSE OF THIS SURVEY WftS TO MONUMENT THE PROPERlY CORNERS OF CITY OF SPRINGFIELD JOURNAL NO 95-07-144 ALL THE BOUNDARY LINES WERE HELD FOR DISTANCE PER TRUST DEED IN REEL 1953R INSTRUMENT NO 9438148 LANE COUNTY OREGON DEED RECORDS AND ROTATED TO MATCH BEARINGS PER COUNTY SURVEY FILE NO 22281 AS SHOWN HEREON THE BASIS OF BEARING WfJS HELD AS THE SOUTHERLY MARGIN OF "N" STREET PER THE AFOREMENTIONED COUNTY SURVEY SURVEYORS CERTlFICATE I MARVIN S KRUSH, A REGISTERED PROFESSIONAL lAND SURVEYOR DO HEREBY CERTIFY THAT I HAVE CORRECTlY SURVEYED AND MARKED WITH PROPER MONUMENTS PARCELS 1 AND 2 OF CITY OF SPRING- FIELD JOURNAL NO 95-07-144 REGISTERED PROFESSIONAL LAND SURVEYOR -??1-:.. -4 7~. OREGON .u.y 14 1878 MARVIN S KRUSH 1643 EXP I JUNE 3D 1997 '8,-,., IL ~ CITY OF SPRINGF1ELD SURVEYOR ~-1t-\. SPR NGFIELD PLANNING DIRECTOR IL- '2.-'2~-~ DATE ~ DATE ...,I,/q" , lJATE OWNER/PARTmONER RONALD G & MINDY A KEPHART 2656 NORTH 33rd STREET SPRINGFIELD OREGON 97477 KRUSH & ASSOCIATES 54 CENTENNIAL LOOP EUGENE OREGON 97401 (541) 686-9211 .~"',,~ ->~~....,,-............,; '................."'--=~""""'"""....,>.~,.~,~_."- '~..~~..,..___.O-...~." U'__'.__"'U' ~ ."" , U LL.I t.C ~ ~ --t ~ C'-J ~ <:> ~ - -== ~ ~ a... u: <( I Lu C::::: CL. .., ., ~ a z '" 55 ~awrence B Olson, do ~ ~~r~bY cert1fy that th1s 15 an exact copy of the f1nal part1t10n plat as shown he~~\~ d~~;;;. B -OlSpn, P L S No 655 REFERENCES COUNTY SUR~fY FILE NO 6695 JUL Y 1947 6757 SEPT 1947 9367 NO~ /953 /3202 NO~ 1963 14552 JUNE 1966 31049 1-25-93 LANE COUNTY OREGON DEED RECORDS R R .8825164 REEL 1510R I ~NE COUNTY OREGON PLAT RECORDS GLEN ~/fIt BOOK 20 PAGE 14 '" .... .. ::;:1 ~I .... '0 ~I ----t IfESJ...TTEELT- --+FOUND ) I/'(l CENTEI"L/ NE P K NIoI L :1 ..... ~I ..... .... ~t 5 00. U'> 10 00 -0 ::i::<<> UJ..... eoo 45 IRIIf * /DEED 589'14 30 E S89'07 36 E I ;1 ~ \ ' ~I Cl:: Q/ ~ ~I ~I -...I I I WLU ~ 0..... 0.... /00.\0 Ul.......... UlOO ~~:z: Ul ::;. "- b I I o .. 15 00 FI LED (FOUND OAVID EVANS & A5SOC 2 1/2 BRASS CAP STAHPED - MARO?199! DUINAL T 1607 SET /990 STATE PLANE COORDINATES COUN1Y~ SOUTH ZONE 1927 DATUff rrt_-P.AffI ~ / N - 88317988 E - 133406/ 44 / ^ t-.!E~ H ~TREET --I- ~8.!07 ~W -----t---! 13~ / ~I fOEED) ..- / ~ IS89'24 30 EJ ~ I N89'07 36 irA l / ~;N89'07 27 W '~219 96 ! ~/ ~~ ~~ ~I ~ ~ ~/ ~: ~~ '\.\ ~- ~~ f~~1 ~~ ~~ ;;; ;;;,.. ~ c;g~ I ~"''O ~'Tr~ (DEED) ~bb POINr, IS8g'24 30 E) ~ U'> (DEED) S89'07 36 E -ll-44 17 *13 33 "S89'07 36 E . ~~EED' IS89'24 30 EI g ~::i:: fDEEDI ~~ *~ ~* ,.;; .....'" ....'" '00 b~ WEED I .., S8'107 36 f *U 67,. (58974 Jeh, J I WEED) 0 I~~ "'Ul '" Q *- I . FOUND LEAD AND TACK AS SHOWN ON C S F No 3/049 LAND PAJ(]'ITION PLAT Nn 95-P0643 '" .... '0 ~ .... :! ~ '" '" ...,..,. OWNER LEONARD /(fEN 89422 HILL ROAD SPRll<<iFlfLO OR 97471 503 741 8205 LANE COUNTY SURVEYORS OFFICE I C S FILE NO ",'3 Z. b 2.,J I FILING DATE 3-7- 5'5 I (:/1 ~ --1r- 792 M - ~ RJUND CENTERlI NE P K NIoI L ~OUND . S89'07 36 E 'l!...16 CENTERLINE P K N~72~- - '" '" ~ ~89"08 76 F 75-'>5 FOUND NAIL IN CONCRETE SOURCE UNKNOII/N (DEED! 1 *"36 65 ...). Ci 0 I UlO ~g "" '" ." ~~ o o .., '" 00 lU < ~ -' N r\ .. <>::u- U5-.J~ I- ""o~ I- LL-.u...~ a l.J.J02 (J ~ ~=:l..L (J) ~Olf.r.l~V) lU .....-oc~U Cl:: u.. i: """'- Q.. "- ... '" '" i: * * j. SCALE I - 40 .' FOUND //2 IRON ROD AS SHOWN ON C S F .31049 ESE CORNER ROBERT E CAHPBELL o L C No 59 T 17 S R 3. .11 LEGEND ~ 0 FOUND I10NlIlfNTS AS NOTED o '0 SET 5/8 x 30 IRON ROD WITH YELLOW PLAST I( CAP STAHPED PLS 655 o REGI STERED PROFESSIONAL LAND SURVEYOR L4J Ul - 0 00..... teOt'q- 0",,,, -0'" '<:0::> 120001-'<: 116 47 ..... .., .... * - HEASURED AND RECORO '" Ul <<> o '" 0 .., ....'" on o '<: ~,~ 6f1~ J OREGON'- - ,JULY 10 19&04- LAWRENCE 8 OLSON 655 RENEWAL DATE 12-31-94 b. COMPUTED PO I NT C S F - COUNTY SURVEY FILE " (n_) . RECORDD~TA (J 5 00 x 185 60 RIGHT OF WAY DED/CAT/ON (928 sfJ R R . 347/.:..45 REEL~OC>R ,.. '"' ,.. '<: '.:'.:: '" '"' '" UJ ...;:r ;: 00 '<: "'", '.:'.:: .....8 '" b~ "- on .... 0 ~ I- ~ ~ ~ "- :.: I 0 '" u. u.. ::> "- ~ ..... ",", ~ 0 ono "-",- 'OU"'Jm ~~~ /96 47 SU RV IT N ARRAT IV E TH I S SUR VEY WAS CONDUCTED A T THE REOUES T OF THE PROPER TY Oll/NER I1R LEONARD ~EEN FOR THE PURPOSE OF PARTITIONING HIS PROPERTY LOCATED IN TAX LOT No 3000 AS SHOWN ON LANE COUNTY ASSESSOR S MAP No 17-03-17 4 3 THE SURVEY PROCEEDED BY LOCATII<<i AND TYING THE EASTSOUTHEAST CORNER OF THE R I' CAHPBELL DONATION LAND CLAI/'! No 59 AND TYING THE LEAD AND TAell. FOUND IN THE CURB AT THE PRESCOTT LANE AND OU/NAL T STREET INTERSECTION THEREFORE THE EAST LiNE OF THE AFOREMENTIONED D L C WAS ESTABLISHED BET'fIEEN THESE POINTS AS SfK)1ffH ON C S F No 31049 THE BAS/S OF BEARINGS FOR THIS SURVEY IS 1Il01<<i THIS LINE NORTH I 59 47 EAST AS SHOII/N ON C S F No 31049 THENCE THE RECORD DISTANCE OF 853 00 FEET AS SHOlfN ON C S F No 6675 AND ON THE PLAT OF GLEN VIEW AS PLATTED AND RECORI>ED IN BOO~ 20 PAGE 14 OF THE LANE COUNTY OREGON PLAT RECORDS 'AS LOCATED NORTH I 59 47 EAST FRO/'! THE EAST SOUTHEAST CORNER OF S).ID D L C CORNER THENCE THE P-~ NAIL lIT THE CENTERL lNE OF PRESCOTT LANE AND 1'1 STREET WAS LOCATED ANI> A ROCK NAIL AT THE CENTERLINE INTERSECTION OF RAlNBOr DRIVE AND /'! STREET WAS LOCATED THE LINE BETWEEN THE no HARKERS ESTABLISHED THE BEARING OF M STREET AND TH I S BEAR I NG IPAS LA /() OUT FRO/'! THE PO I NT 853 00 FEET NORTHERLY OF THE SAID D L <: CORNER TO ESTABL/SI! THE SOUTH LiNE OF II STREET THIS AGREES llHL filTH THE FOUND HAR~ERS 1Il0NG SAID SOUTH LINE OF II STREET THEN THE BEAR I NG FROH THE ROCK NA IL AT THE CENTERL/ NE OF 1'1 STREET AND RMNBOI DRIVE TO THE P-K NA/L AT THE CENTERLINE OF RAlNBOIl' DRIVE AND L STREET 1'11$ USED FOR THE NORTH TO SOUTH BEARINGS AND THE CENTERL INE OF 11 STREET 'AS USED FOR THE EAST TO lEST BEARINGS AND THE DISTANCES AS SHOII/N IN DEED No 8825164 REEL 1520R OF THE LANE COUNTY DEED RECORDS fAS USED TO ESTABL/SH THE,BOUNDARIES sf - SOUARE FEET PARCH I 24166 sf S89'07 36 E 196 4' PARCEL 2 /8232 sf N89'07 36 I' (DEED N89'24 30 'tI 100 00 ) , NOTES I ZONING 15 LOI DENS I TY RES II>ENTIAL 2 THERE ARE NO WATER RIGHTS APPURTENENT TO THIS PROPERTY 3 THESE PARCELS ARE SOLAR ACCESS PARCELS PER CITY CODE PARTITION PLAT for LEONARD KEEN SE 1/4 SECTION 27 T 17 S R 3 W W H LOCA TED IN THE ROBERT E CAMPBELL 0 L C No SPRINGFIELD. LANE COUNTY OREGON ASSESSOR S MAP 17-03-27 4 3 TAX LOT 3000 DATE OF SUBMITTAL ~ 14. 1~ClJ... SURVEyoIts CEKI'I/'lCATE I LAWRENCE B OLSON REG/STEREO PROFESSIONAL SURVEYOR HAVE SURVEYED AND I1ARKED WITH 5/8 INCH BY 30 /NCH iRON RODS HAVING YELLOW PLASTIC CAPS STAHPEI> PLS 655 PARCELS I AND 2 OF THE FOLLOWING DESCR/BED PROPERTY BEGINNING AT THE EAST SOUTHEAST CORNER OF THE ROBERT I' (AMPBELL DONATION LAND CLAIH No 59 IN TOII/NSHIP 17 SOUTH RANGE 3 WEST WILLAHETTE HERIDIAN THENCE PROCEED NORTH I 59 47 EAST 853 00 FEET TO A POINT ON THE SOUTH LINE OF /'! STREET THENCE NORTH 89' 07 36 WEST 1136 65 FEET ALONG THE SOUTH LINE OF H STREET TO A POINT THENCE SOUTH (j 56 45 rtEST 130 00 FEET TO A POINT THENCE SOUTH 89' 07 36 EAST 44 17 FEET TO THE TRUE POINT OF BEGINNING BEING A 5/8 INCH BY 30 INCH IRON ROD I'ITH YELLOW PLASTIC CAP STAHPED P L S 655 POUNDED FLUSH WITH THE GROUND RUH THENCE SOUTH 89' 07 36 EAST 1333 FEET TO A POINT TflENCE SOUTH 0 56 45- WEST 55 00 FEET TO A PO/NT THENCE SOUTH 89' 07 36 EAST 66 67 FEET TO A POINT TflENCE SOUTH (j 56 45 WEST 250 60 FEET TO A PO I NT THENCE NORTH 89' 07 36 /fEST 196 47 FEET TO A PO I NT THENCE NOR TH (j 56 45 EAST 185 60 FEET TO A POINT THENCE SOUTH 89' 07 36 EAST 1/6 47 FEET TO A POINT THENCE NORTH (j 56 45 EAST 120 00 FEET TO THE TRUE POINT OF BEGINNING IN SPRrl<<iFIHD LANE COUNTY OREGON ~~~:,D;C~ED PARCEL CONTAINS 0 97 ACRES /1ORE OR LESS LA RENCE /-~S 655 DEe LARAT JON KNOW ALL HEN BY THESE PRESENT THAT LEONARD R KEEN I S THE OlNER OF THE REIIl PROPERTY AS DESCR IBED HEREON ANI> DOES HEREBY PARTITION THE SAHE AND DEDICATES TO THE FREE USE OF THE PUBLIC FOREVER THE PUBLIC UTILI TY , ~:;rtrR"B ~- LHrlillRD R KEENI~ ACK NOYfLEDGEM ENTS COUNTY OF LANE} ss STATE OF OREGON) PERSONALL Y APPEARED LEONARD R KEEN KNOWN TO /'IE TO BE THE IDENTICAL PERSON WHO EXECUTED THE ABOVE INSTRMNT DOES HEREBY ACKNOWLEDGE THE SAIff TO BE HI S FREE ACT ANI> DEED / ..:c( I N WI TNESS MREOF I HA VE SET HY HAND AND SEIIl TI! I S Y DA I' OF 7Jp~/?~k.l /994 -~P&- )(~14I1-~ c -u....., ~T~~0'U~~!C ~W". m '/ / ~ 0/;; 7' t., I lO'.:'.: _ RISQ.'1 'II \-"",...#JS..uvn C....r 'AC';> /. / --... J ~ 1 II... .. : _ -u'l: ,. ,/ C ..I ~Ct 'tJ :I 1,..'1 ~'s..JCT, ""'......u..;:.5 k{j ..1, tQ3J' APPROVALS CITY OF SPRINGFIELD JOURNAL No ....-/'1.~ K;,... ~ ",.., Clfri'LANN IIIG D I RECTOR ~/Z...~, CI SURVEYOR 94-06- 140 /2 IS 'i'+ DATE '"2. -15 -'7,\- DATE ;-7- f5 DATE jv . OLSON Cl & 'GOEBEL~ -(l" ~ o U LLI' lOt 59 v o 9'"'4 ~ I \0 N t' "'"" rt') o V) '-" t' t' ~ t' 0\ ~ o rS ~ 1I1 Is=t ~ o z ~ ~ ~ rA ""'" ~ tI) .. 9 t' o N <'- t:- -=::: .e 5!-. - c.n, . LLJI 0::: fCb, (.C) c:::> c:::> C"-..J Q f"""I 0:::: 0- <t i , I , After recordmg return to: Mark Sebnng 2890 Federal Place Eugene, Oregon 97404 PRE-SUBMITTAL REC'O APR 1 0 2006 ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS: Mark N Sebnng and Lmda J Sebnng are the owners of a certam tract of real property located m the Southeast one-quarter of SectIOn 27 m TownshIP 17 South, Range 3 West of the WIllamett~ MerIdIan The legal deSCrIptIOn of the real property IS as follows See Attached ExhIbIt "A" The owners are partItIOnmg saId real property mto 2 parcels as approved under CIty of Spnngfield Plannmg FIle No SUB2004-00011 ThIS easement IS bemg created to proVIde contmued'shared use of an eXIstmg dnveway servmg Parcell and Parcel 2 of Land PartItIon Plat No . recorded .2006 Inst No . Lane County Oregon DECLARATION OF EASEMENT: I Easement Created Mark N SebrIng and Lmda J SebrIng do hereby create a perpetual easement as deSCrIbed m ExhIbIt "A", attached, for the mutual and exclUSIve use of Parcel 1 and Parcel 2 of the aforementIOned 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 eXIstmg drIveway servmg Parcell and Parcel 2 of saId Land PartItIOn Plat The easement may also be used by the aforementIOned Parcel for the mstallatIOn of prIvate utIlItIes, mcludmg, but not lImIted to water servIce, electrIcal servIce telecommunIcatIOn servIces, storm water dramage and samtary sewer servIce 3 Use of Burdened Pronertv The owners or occupIers of the parcels affected by the easement shall have the rIght to use theIr property, mcludmg the area descnbed as the easement, for any purpose as long as the owners or occupIers do not mterfere WIth the use of the easement as granted by thIS mstrument_ 4 Mamtenance and RenaIrs The cost of any mamtenance or repaIr of the area wIthm the easement shall be borne equally by the owners of Parcel 1 and Parcel 2 of SaId Lane PartItIon Plat However, any repaIrs necessItated by the neglIgence or the mIsuse of the easement area and nghts granted herem by one mdIvIdual party or that mdIvIdual party's agents or mVItees agamst the other mdIvIdual party shall be the sole responSIbIlIty of the damagmg party Each parcel WIll be responSIble for any real property taxes for that portIOn of the easement area located wIthm theIr mdIvIdual parcel boundarIes Access Easement and Mamtenance Agreement - Page 1 i # <' 5 Successors m 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 mtended to be covenants and restnctIOns runnmg wIth the land All provIsIOns of thIS mstrument, mcludmg the benefits and burdens, are bmdmg and enure to the heIrs, successors, assIgns, transferees, and personal representatIves of all partIes who own any of the aforementIoned parcels Dated thIS day of .2006 Mark N Sebnng Lmda J Sebnng STATE OF OREGON ) ) ss ) County of Lane On thIS day of . 2006 there appeared before me, a Notary PublIc for the State of Oregon, County of Lane the hereon named Mark N Sebnng and Lmda J Sebrmg, known to me, or proved to me on a satIsfactory basIs, to be the same persons who executed the foregomg mstrument and acknowledged the same to be theIr voluntary act and deed In WItness whereof, I have hereunto set my hand and affixed my seal Notary PublIc for Oregon My commISSIOn expIres PRE-SUBMITTAL REC'O APR 1 0 2006 ~ Access Easement and Mamtenance Agreement - Page 2 " J ExhIbIt "A" Begmmng at a pomt bemg of record South 382 8 feet (measured South 3007'28" West 3828 feet) and West 830 00 feet (measured North 87038'57" West 830 00 feet) from a stone ' monument on the east lme of the Robert E Campbell D L C No 59 m TownshIp 17 South, Range 3 West of the WIllamette MendIan, saId stone monument bemg of record North 21 68 chams from the easterly southeast comer of the Said Robert E Campbell D L C No 59, thence North 87038'57" West 10000 feet, thence South 3028'00" West 133 80 feet to a pomt on the north margm of "M" Street, Said pomt bemg 29 20 feet from, when measured at nght angles to the centerlme of"M" Street, thence along the north margm of"M" Street South 87038'57" East 10000 feet, thence leavmg saId north margm and runnmg North 3028'00" East 133 80 feet to the pomt ofbegmnmg, all m Lane County, Oregon ExhIbIt "B" Begmnmg at the southwest comer of Parcel 1 of Land PartItIon Plat No 2006- . as platted and recorded . 2006 Inst No 2006- Lane County Oregon OffiCIal Records, saId pomt bemg on the north margm of "M" Street, 29 4 feet from when measured at nght angles to the centerlme of "M" Street, thence along the north margm of "M" Street South 8738'57" East 34 16 feet to the True Pomt of Begmning, thence leavmg Said north margm and runnmg North 3'28'00" East 2500 feet, thence South 87'38'57" East 25 00 feet, thence South 3'28'00" West 2500 feet to a pomt on the north margm of"M" Street, Said pomt bemg 29 4 feet from, when measured at nght angles to the centerlme of" M" Street, thence along the north margm of"M" Street North 87'38'57" West 25 00 feet to the True Pomt of BegmDlng, all m Lane County, Oregon PRE-~\ lBM\llAl REC'O APR 1 0 2006 Access Easement and Mamtenance Agreement - Page 3 After recordmg return to: Mmk Sebnng 2890 Federal Place Eugene, Oregon 97404 DECLARATION OF A DEVELOPMENT RESTRICTION REOUIREMENT Parcel 2 of Land PartltIOn Plat No 2006- as platted and recorded m the Lane County Oregon PartItIOn Plat FlIes IS a parcel ofland wIth the followmg restnctIOn regmdmg eXIstmg 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 plOvIde street tIees at the tIme the sequoIa tree IS removed Tills IestuctIOn IS establIshed m response to a condItIOn of approval assocIated wIth the CIty of Spnngfield's reVIew of a land partItIOn applIcatIOn for Mark Sebnng (Journal No 2004-00011), and IS necessary to ensure complIance wIth SectIOn 32050 of the Spnngfield Development Code Any amendment to, or removal of, thIS DeclaratIOn of a Development RestnctIOn ReqUIrement shall be subject to approval ofthe CIty of Spnngfield Planmng DIrector or hIs/her desIgnee In the case of any conflIct between thIS reqUIrement and any zomng ordmance or code of any goveInmental body, the more restnctlve shall prevaIl The PIOVISIOns 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 m.:~U8Mf1TAL REC'D A~~ 1 0 2006 IN WITNESS WHEREOF, the pmtIes hereto have set theIr hand and seal thIS of .2006 day ':lBY Mark N Sebnng Lmda J Sebnng STATE OF OREGON ) ) ss ) COUNTY OF LANE On thIS day of. 2006 there appeared before me, a Notary PublIc for the State of Oregon, County of Lane the hereon named Mark N Sebnng and VIrgIma 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 heIeunto set my hand and affixed my seal Notary PublIc for Oregon My COIIDIDssIOn ExpIres J 225 Fifth Street Sprmgfield, Oregon 97477 541-726-3759 Phone Job/Journal Number PRE2006-00040 Payments Type of Payment Check cRecemtl RECEIPT #: DescriptIOn CTY PartItIOn Plat Paid By SEBRING CONSTRUCTION C.f Sprmgfield Official Receipt D lopment Services Department Public Works Department 3200600000000000177 Date: 04/10/2006 11 27.47AM Item Total Check Number AuthorizatIOn Received By Batch Number Number How Received Amount Due 50000 $500 00 Amount Paid emm 2561 $500 00 $500 00 In Person Payment Total Page 1 of 1 4/1 0/2006