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HomeMy WebLinkAboutApplication APPLICANT 4/14/2008 ~=0 \ <- City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 land Division Plat Partition, Subdivision Date Received: APR 1 ~ 2008 Original SubmittaL Applicant Name: \) t\-e k \-\ 6 Y V \ 5C7V\ Company: }J 0 .--+{", V I t<.-<.--- ~i\ \/es.-t\llt'l e...,/'t's J-V\ C_ J Address: "3' 3 '3 S'S \f a V\ D L-{"f J"\ W D?t d , t: v.: ~e;;-"Yl-("', I ~ J J r Applicant's Rep.: -:Q ex ---;J eT2- , PL S ,~ I' / \) Company: t5)r U II\. 6V'>.. 8'\c:::; t ~\ -Cc v-{ \1 -1 ....-hv'l C ...). ./> Address: '3 \ D :t=l F~ 'S\Yc'c- f\ S,:1( v\,.; C:, fr.::.l.~{ 1/' Phone: 554-188} .' we? 0 - - a , Fax: {;, U 1- u (c; Lf r Ole. Q7lfo 9 Phone: 1~4: - {'J&:i 37 Fax: 7 L{lo ~ () 381' 0(< 9'7Y:77 Property Owner: DO'v~tL-.vle~c.] L'\v'e.;.tvV1?V'L~ :41c. Phone: ~~t.f- jB8j Company: Fax: 6:; g1- 810 1./1 Address: 339SS \J4\-'\. l\..I'--/h i!{;.itt:{, [;;fAL.C-'1/1e {)j2 c/7!fOff' f ' J I ASSESSOR'S MAP NO: (7-D2-- 'j (-4 L ITAX LOT NO(~ C;OO Property Address: 13 S 4=- ,3 r 39' tL" S1r e ei Size of Property: Ie; q Ot) Acres- 0 Square Feet -1%1- Proposed Name of Subdivision: ?t:{~-1L ntv] flJ- ~ fjt?l~itttV~UvC ~VcSh'Vi0-11s ~{ Description of If you are filling In thIs form by hand, please attach your proposal deSCription to this applicatIOn. ~ -, Z + +- p I I ' r c - ,'" I Proposal: 10 'fee oaC C( -loT PCII-- I l t-'V\ (4 $ (-t ppr- J\J ':::<.- \ 1;>., "'lVLIL L~<f."0 ,Z --'/7(1""'</7<:41;;/ Existing Use: 1?e s. \ ?{?V"\.+1. .,:t' I Tentative Case #: StJJ9 1007 -tkt;Jj ,.---~ "'" I _ k:.--""-'", - I C2 # of l:e4:s/Parce[S: c-J. IAvg. ~~ Parc~1 Size: 5. ZD 5 sf Density: U dujacre Si natures:Prease 51 n and print your na~ and date in the a ro riate box on the next page. I Associated Applications: .;SX:Y2.~b1- -G,oSC] - )~~~ Pre-Sub Case No.: ?~ ~~ -~u 1- Date: Reviewed by: Case No.:~~2~<6 ....6ODtGb Date: q /1'1/0c?::' Reviewed by: '-(-l-:YL Application Fee: $ Technical Fee: $ Postage Fee: $0 TOTAL FEES: $ PROJECT NUMBER: ({Jtz.J '2{bl- ~c.., ~ ReVised 1/1/08 Molly Markarian 1 of 6 Steps in the Process: 1. The Applicant Submits a Pre-Submittal Meeting Application The Pre-Submittal ApplIcation is mandatory. Please refer to the Fee Schedule for the current application fee. The submittal package must conform to the application completeness checklist attached to this form. Please refer to Page 4 for the Pre-Submittal requirements. Pre- submittal meetings will be conducted every Tuesday and Friday between 10:00 a.m. and noon, We will stnve to conduct the Pre-Submittal meetmg 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 Engmeenng 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. 3. Applicant Submits a Complete Application When you have addressed all of the items on the Pre-Submittal Checklist, please submit a complete application to the Survey Section located at the NW Quad of City Hall. Refer to page 5 for the submittal requirements. The plat application fee will be collected at that tIme If the application has been deemed complete. After Surveying and Planning staff checks and signs the mylars the plat may then be recorded by the applicant's surveyor at Lane County. AFTER RECORDING: Submit Five (5) recorded rolled paper copies of the plat along with Three (3) copies of required documents 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 original signature will not be accepted. , Pre-Submittal: D Case Number: , Date Submitted: The undersigned ~ nowl dges th4 the i;?normati 'thiS application IS correct and accurate for scheduling ~,7-SU mitt~etlY /' " Owner: -./ ~ " R ~ 4 r'>ua-tr=>', / -.. / 7 ~ 0 1/ ~ -F ~ ":;:?" ------r........--I{._ ~ r . - 0 Slgnature~.( ~. ,.,- / ~ /1 /'/ /-'/4 11""/" :.< C'Ol'" /;' / / /~A. ~. Date Received: Pnnt Name APR~~_ ReVIsed 11/30/2006 bJ - 2 - O .~..... {-~~r_~ ::' A~""V":~~"" ~ ;: \t;.;H .~i '_ L........ d .. -~........~ \. land Division Plat Pre-Submittal 'Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the eilanation to this form. !ZJ 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 J Department. Any applicable application, technology, and P9sta~aw~eEffilEfd~ed at .. / the pre-submittal and ?ubmittal stages. .r .,. . 0/ Land Division Plat Application Form APR 1 4 2008 Qf letter Addressing Conditions of Approval - lists and a'C5'ri~~~lib7Ritta>inditlon of approval, detailing the actions taken and current status of ea~"irem. Gi'/ Nine (9) Paper Copies of the Plat stamped and signed by the surveyor. ca' Two (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. o wi Li ci J 6ZJ vfA- D (D \D I ~)D V ; I . J /0 I /D lD Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being divided. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK at the pre-submittal stage. Two (2) Copies of Each of the Reference Documents and Plats listed on the plat. Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest title to the owner listed on the plat), existing easement deed?;r and documents listed as exceptions in the title report, etc. Vc7Jt-.-s De.e~,e -=- (if- l Two (2) Draft Copies of any street dedications. --= $zF 5 Two (2) Draft Copies of Any New Easements or Restrictjons 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. = t&- C (y q- i&P -, Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be Signed by the lender pnor to final approval) OR Two (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 per ORS 92.075 (2-4). }-'~0 \Cy.,Jer'- Copies of Wetland Documents as required. Copies of ODOT Access Permits as required. Draft.Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template. Verification that Street Tree Agreement is in Progress as required. Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as required. Post Monumentation Deposit as required for subdivisions only. City Survey Section has current fee schedule and templates. Revised 1/1/08 f"lolly Markarian 5 of 6 f,~ , I ,V{A- 0 Location of Any Floodways in accordance with SDC 3.3-400. ~ Existing Easements Clearly Identified with Their Recorded Reference. g New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the -..-,recordatlon 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 Ag~eements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right-of-Way. ~- m ~ Land Division Plat Submittal Requiremen.~~. ~hecklist NOTE: If you feel an Item does not apply, please state the reason why and attach the explanation to this form. ~ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule IS available at the Development Services Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. Land Division Plat Application Form Two (2) Copies of the Deed Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. - - Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. ~ g} ~ Copy of the Mylar on Bond Paper Original and Copy of all Required Documents with signatures where appropriate. Date Received: APR 1 4 2008 Original submittal ReVised 1/1/08 Molly Markarian 6 of 6 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages In the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information In thiS application IS correct and accurate for scheduling of the Pre- Submittal Meeting Owner: Date: Signature Print Submittal Owner: 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 with e submittal, and the City may begl rocesslng the application With the Information as submitted ThiS statelJ1ent ser es as Writ n notice pursuant to Hi requirements of ORS 227 178 pertaining to a complete '"(/"on (J. . ~ ,~~ c:7// 'sig"nature Date: Lj-/tJ - O~ ---1)~ .,. <2- 1:: Print /d6.rv .~'- Prt2<; I rl~ n...-4- Date Received: APR 1 4 2008 Original Submittal ReVised 1/1/08 Molly Markarian 2 of 6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2008-000] 8 SUB2008-000] 8 Payments: Type of Payment Check cRecelOt 1 ('" of Springfield Official Receipt L"".elopment Services Department Public Works Department RECEIPT #: 3200800000000000225 Date: 04/1412008 1 :28:42PM DeSCriptIOn CTY PartItIon Plat + 5% Techno]ogy Fee Amount Due 2,599 00 ]2995 $2,728.95 Paid By NORTHVIEW INVESTMENTS INC Item Total: Check Number AuthorizatIOn Received By Batch Number Number How Received Amount Paid 2076 In Person $2,72895 tJ Payment Total: $2,728.95 Date Received: APR , 4 2008 Original submittal. - Page ] of] 4/1 4/2008 \, . ,/" kecorded at the request of and afLer recordlng return to: Branch Englneer]ng, Inc. 310 fo'lfth StreeL Spllngfleld, OR 97471 '-- OI~CLARATION OF .JOINT USE PRIVATE ACCESS AND I)IUV ATE UTJLITY EASEMENT Thc truc and adual considcration for this declaration is othet than monetary. RECITALS: 1) NORTHVIEW INVESTMENTS, INC., an Oregon Corporation, Grantor/Grantee, is the owner of Parcel 1 and Parcel 2 of Land Partition Plat Number 200 -P as partitiOned and recorded , 200_ in the Land Partition Plat Records of Lane County, State of Oregon. 3) The ownel dcslles to create easements and dellne maintenance responsibility on certain areas and facilities for the benefit of future owners of the parcels as described below so as to comply with conditions as noted and discussed in the "Type II Tentative Pmiition RevIew, StaLl' Report and Decision", City of Springlield Case Number SUB2007-00039 dated September 4,2007: DECLARATION OF EASEMENTS: A) Easement Cleated: GRANTOR hereby creates a perpetual easement for the benefit of Patce!s 1 and 2 over that ceIiain area designated as "JOINT USE PRlV ATE ACCESS AND PRIV ATE UTILITY EASEMENT" on said partItion plat as said easement lies in said I Parcels I and 2 for private access purposes. . B) Easement Created: GRANTOR hcteby creates a perpetual easement for the benefit of Parcels 1 and 2 over that certain area designated as "JOINT USE PRlV ATE ACCESS AND PIUV ATE UTILITY EASEMENT" on Said partition plat as said easement lies in said Parcels I and 2 for private utility purposes. D) Exclusion or PUEs: Notwithstanding any other language herein, these casements do not allow the plac'emcllt of private utilities within any Public Utility Easement except for C10SS1l1gS. E) Use orthe Burdened ProoeIiv: The owners or occupiers of the parcels afIected by these easements shall have the right to use their property, including the areas described as the casements, for any purpose as long as the owners or occupIers do not interfere with the use of the easements as granted by this instrument. No vehicle parking 01 storage of vehicles shall be allowed by any party WIthin the easement area, including the agents, employees, tenants, and invitees of said owners. F) Mamtenance and Reoairs: The cost or any maintenance or repair of the driveway improvements within the easement area shall be split equally between the owners of Parcels 1 and 2. The cost of any maintenance 01 repair of private utilities lying within the easement areas will be the responsibility ofthe owner oCthe respedive facility. G) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use or Parcels 1 and 2 of said partition, and are intended to be covenants and restrictions running WIth the land. All provisions of this instrument, including the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees, and personal I cpresentatives of all owners of any ofthe afOlementlOl1ed parcels H) The easements and declarations contained herein may not be nullified or modilied without tile wrilten conscnl and approval ofthc City of Splingfield Planning Department. Date Received: APR 1 4 2008 Original Submittal DECLARA TJON OF JOINT USE PRIVATE ACCESS AND PIUVATE UTILITY EASEMENT Page 1 0[2 'Jc IN vVJTNESS WHEREOF, we have cxccuted this DECLARATION OF JOINT-USE PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT on this Ie. day of {.lo,i 1 .200;;s . GRANTOR/GRANTEE: NORTJ!JlE"J INVI~yrr/7TS' ~ fCl., an Orcgon Corporation ~~ ~//4~ ,(/~/ /~ / -;/" -:'# ~~.// ~- -' ,'?::-f '- /~"._.-t:? ,.. v (/ =ff~rek Harrison, President STATE OIi' OREGON ) County of Lane )SS On thiS I 0 day of Pin [ I , 20 075, before me, the undersigned, a Notary Public 111 and for said County and Stale. personally appeared Derek Harrison, personally known to mc or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrumcnt, and acknowledgcd he executed the same freely and voluntarily on behalf of Northview Investmcnts, Inc., an Oregon Corporation, as Its Presideht. ~.~~.""""""'~------~~'''- "':;...~ ,.' ,----) ;/ ~) . (~~r/~ "7 .~/r-~ . '"'- Notmy Public for Oregon .~ ...1~:":J., OFFICIAL SEAL (' ~ -~iQ/.~ "'" "r;l ANGELA ERWIN , ,t!:' :;: NllTl\RY PUBLIC - OREGON ,'.)J-/, \;OMMISSION NO. 421788 .!'{ (,IJ[;IMISSION EXPIRES SEPTEMBER 26 2011 '':~~_~J'I:b~.$-~ My COlllmission Expires: (l-;)(;. .. ,;2..0 i / Date Received: \ APR 1 4 2008 Original Submittal DJ~CLARA TION OIi' JOINT USE PIUV ATE ACCESS AND PIllV ATE UTILITY EASEMENT Page 201'2 BARGAIN AND SALE DEED Tax Map & Lot Number 17-02-31-42, Tax Lot 900 (on the date of execution) KNOW ALL BY THESE PRESENTS, that Northvlew Investments, Inc , an Oregon Corporation Grantor, In Consideration of the acceptance by the City of Spnngfleld, Oregon, Grantee, and the use or holding of said p/Operty for present or future public use by Grantee, Grantor hereby grants, bargains, sells and conveys unto the said Grantee, Its successors and assigns, all the following real property, with the tenements, hereditaments and appurtenances, situated In the County of Lane and State of Oregon, bounded and described as follows SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE THE SAME IS HEREBY and forever dedicated to the public to be used as PUBLIC ROAD TO I-lAVE AND HOLD, the above deSCribed and granted premises unto the said Grantee, ItS successors and assigns forever THE CONSIDERATION for this conveyance IS other than monetary IN VYITNESS ~He"EOF, the Grantor above named have h7reunto set ItS hand and seal this Ie, day of ) ";I' I i /J . 200 $ " / / / , ' /-' Northyew 1?vest~nts, 12' ./ -j /<,( / / ~ -" ./ ~~/ ,,// /.-7 /;:/. A ------- //,// ~--r;---;-:Z/-0~' /'......./ ~~' -_(SEAL) D~reK Harnson, PreSident"' . /. .- Date Received: APR \ 4 1008 SlA1E OF OREGON COUNfY OF LANE SS origina\ submittaL BE IT REMEMBERED that on thiS I (') day of f-J Oy\ l , 200 ~ before me, the underSigned, a notary public In and for said County and State, personally appeared the within named Derek Hamson whose Identity was proved to me on the baSIS of satisfactory eVidence and who executed the wlthll1 II1strument and acknowledged to me that he executed the same freely and voluntarily on behalf of Northvlew Investments, Inc , an Oregon Corporation, as ItS PreSident : IN TESTIMONY WHEREOF, I have hereunto set my hand and affIxed my offICIal seal the day and year ~ast above written B' -~'..:..1.~,-,., ,....~~-- I ~":~ . '. oFFIC'fAl'SE~~~~GI 1'/;. ANGELA ERWIN . -.2, CNOTARY PUBLIC - OREGON ~; ...~ OMM/SSIO ''1 . _~~~!:!.t~Pl~~~j /"-::1 - c.,'h, <'71'.l:..t c.~- "'(.-_ Notary PClbllc for Oregon , . Y-..2 6' 20 II My Commission Expires THE CONVEYANCE set forth 111 thiS Instrument conveYll1g title or II1terest to the City of Springfield, a MuniCipal Corporation of the State of Oregon, IS hereby approved, and the title or Interest conveyed therell1 IS hereby accepted i " CITY OF SPRINGFIELD By DenniS P Ernst - City of Springfield Surveyor Date (BAR CODE STICKER) RE rURN 1 0 CITY OF SPRINGFIELD - PUBLIC WORKS DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO CITY OF SPRINGFIELD - FINANCE DEPT - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 Z 12006106-261 CRS 38 III ~T\SURvEYII'^R III ION DOCUMEN I S106-26I Barga," & Sale Deed 110607 doc I REVISED September, 2004 >. EXHI B [1' "A" PORTION HF LANDS OF NORTHVIEW INVESTMENTS, INC. DEDICATED I?OR PUBLIC ROAD PURPOSES (TAX MAP 17-02-31-42, PORTION OF TAX LOT 900 AT TIME OF RECORDATION OF THIS DOCUMENT) BEING all ofthe \vest 5.00 feet, by perpendicular measurement, ofthe following described lands: I \ SITUATEU in the CIty of Springfield, Lane County, State of Oregon, in the Southeast 1/4 of SectIOn 31, Township 17 South. Range 2 West of the Willamette Meridian and described as 1'0110\\15. BEING a purtIOn of the lands that were conveyed to Northview Investments, Inc., an Oregon Corporation, by that certain Warranty Deed that was recorded October 6, 2006 at Recorder's Number 2006-072887 in the Official Records of Lane County, State of Oregon, the perimeter of said lands being mure partIcularly de~cribed as follows' BEGiNNING at a point 1433.00 Feet South 000 08' 56" West (called 1433.0 Feet South 000 07' West in said deed) from a point on the South Lme of the Lucinda Comegy's Donation Land ClaIm Number 81, Townslllp 17 South, Range 2 West ofthe Willamette Meridian, which last mentioned point is 1711 86 Feet North 890 50' 00" East (called 1712 56 Feet North 890 50' East in said deed); THENCE, leaving said POINT OF BEGINNING and along the east line of said lands of Northview Investments, Inc., SOUTH 000 08' 56" WEST 97.20 FEET (called South 000 07' West in smd deed) to a pomt on a line that is drawn from an uncapped 5/8" rebar lying 1.0 teet below grade and distant North 890 56' 39" East 0.16 Feet from said point to a 3/4" iron pipe that is dls~ant South 890 56' 39" West 50.00 Feet from said point; THENCE, westerly along said line between the uncapped 5/8" rebar and 3/4" iron pipe, South 890 56' 39" West 50.00 Feet to a point that lies un the northerly prolongation of the west line of said lands of Shedrick and Backer and is marked by said 3/4" iron pipe; THENCE, along the westerly extension of said line, South 890 56' 39" West 61.87 Feet to a point on the east margin or 381h Street (a 40.00-foot wide right-of-way); THENCE, alung said east margin, NORTH 000 15' 46" EAST 97.83 FEET to the northwest COl'nel] of said lands of Northview Investments, lp.c.; and THENCE, along the north line of said lands of Northview Investments, Inc., SOUTH 890 44' 00" EAST 111.68 FEET RETURNING to the POINT OF BEGINNING and containing 10,900 Square Feet (0.25 Acres) more or less Date Received: APR 1 4 2008 Original Submittal 1 .' '--- ,. Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 PRIVATE TEMPORL\RY l\1AINTENANCE AND MAINTENANCE ACCESS EASEl\1ENT 'VHEREAS: 1) Duane Knights and Susan Knights, husband and wife, hereinafter refen'ed to as Party One and being the Grantors herein, are the o\vners ofthe lands that were conveyed m that certain '.\Tarranty Deed that was recorded April 21,2006 at Recorder's No. 2006-027614 in the Official Records of Lane County, State of Oregon Said lands are described in "Exhiblt 1" attached hereto and made a part hereof. 2) Northview Investments, rnc , an Oregon Corporation, hereinafter referred to as Pmty Two and being the Grantee herein, is the ov.mer of Parcel 1 of Land Partition Plat Number 20 as partitioned and recorded ,20 in the Land Partition Plat Records of Lane County, State of Oregon. - 3) The parties desire to create a bmlding maintenance and access easement across a portion of said lands of Party One for the benefit of an existing building, that does not confol1n to current building setback requirements, on the lands of Party T\vo so as to comply WIth condItions as noted and discussed in the "Type II Tentative Partition Review, Staff Report and DecislOn", City of Springfield Case Number SUB2007-00039 dated September 4, 2007 as described belo.w. THEREFOR: A) Creation of Easement: Party One hereby grants a~d conveys to Party Two a temporary, non-exclusive, private, 5.00-foot \'vide private building maintenance and maintenance access easement for purposes of maintel13.n.ce and maintenance access purposes for said-non-confomling building that lIes adJ acent to a pOlilOn of the north line of said laiids of Party Two over a 5.00-foot \vide portion of the lands of Party One as said portIOn is described in "Exhibit 2" attached hereto and made a part hereof. B) Extinguishment of Easement. The easement created herem shall extinguish in Its entirety upon removal of said non-confomling structure on said lands of Party Tvw. C) Use of the PrODertv: The owners or occupIers of the tract affected by this easement shall / haye the right to use the easement area for any purpose as long as said use does not conflict 'i\.'ith the easement rkhts granted heIein. D) Successors in Interest- ~ The prOVIsions of this instrument touch and concem, anc! relate to the use of said lands of Part v One a..T1d Party Two and are intended to be covenaEts and restrictions mmling with the lmld. All provisl~ns of tIns instrument, including the bene:5.ts and burdens, are binding and enure to the heirs, successors, assigns, t!a!1Sferees, and personal representatives of all owners of any of the aforementio'1ed t!'acts E) Tl'J.s easement may not be modified or nullified \vithoUT written consent aId ap~Jroval orrhe Crty of Sprmgfield Planning Depal1ment F) The true and actual consideration ror tIns easement l~ other "than monet~t R . d ua e ecelve: APR 1 4 2008 Original Submittal PRI.'V ATE TEMPORARY r...fA..INTEN_\..i\CE AND I\'l4..INTEI\'~~"\'CE ACCESS EASElv[ENT Page 1 of 3 ( IN \VITNESS VlHEREOF. we have executed tms PRIVATE TEMPORARY .MAINTENANCE ~ND :MAINTEN~NCE ACCESS EASEMENT on tIlls \ \ t\-.. day of ~;j C:l \' c h ,20 (id GR\l'\TORS/PARTY ly' I I ' ./?~- / / ' ..--;7 I f.. ,.--- / ' :..---- ,C:! ./ /", 1 //--:-'\ / ~~- /< ')"". .. ../ Dmme Knights 7 /' - - " ~ / ^ . (7) // / "/J _ Y""" v .. v. ~ - ) dA- l d'/--1Lc:0 >..--Ji:.-L- q-lcAJ!-/ Susan Knights'-- - \_~~J GR.\NTEE/PARTY 2: 7- To IIvW stments, Inc , an oregOly6;?rporation ;ew~ J11'''':/" / /' / " / / '---f .--/ /'/ -7 / / ..---' , // / ./ ---- . /""L:' ___ ' ~ .r c;.-- ~ ,_ / _- Derek HarrIson, President v Date Received: APR 1 4 2008 Original Submittal STATE OF OREGON ) County of Lane )SS On this \ \ \'1" day of kA i( Y~c.,l" , 20 c,E:~ before me, the undersigned, a Notary PublIc 111 and for said County and State, personally appeared Duane Kmghts and SusaIl IC-ughts personally known to me or proved to me on the basis of satIsfactory evidence to be the persons whose names are subscribed to the within instrument, and acknO\vIedged they executed the same freely and voluntanly. - rr::~;;;F~;AtS~A~ .-} ~ ::"~':~ ANGELA ERWIN I ~ ~\,-~/j NOTARY PUBLIC - OREGON , !J ~ COMMISSION NO. 421788 I t,-..~~~~!;~R~~~~:~~.11.~ U-n- ,,-t~ (~~; -U ", ~'- Notary Public for Oregon My Commission Expires: <7-2. {c - ,}.-c ! t STATE OF OREGON ) County of Lane )SS On this {a day of 12"2.tJl~ , 20 o~-, before me, the undersigned, a Notary PublIc 111 and for said County m1t1StElte_ personally appeared Derek Ha;:yison, personally known to me or proved to me on the basis of satisfactory evidence to be the person \\Ihose name-is subscribed to the WIthin instrument. and acknowledged he executed the same fl.-eely and voluntaIily on behalf of NortlTview Investments, Inc., an. Oregon C0l1)oration, as its President ~._---- J} .......:~:;:;;.>oo.;: -------------~1 ( .:; l:~~ OFFICIAL SEAL 'I if L~ ~""';:~,~~, ANGELA ERWIN ,t! \\;.~'b{)1 NOTARY PUBLIC - OREGON ~ \', ~/ COMMISSION NO 421788 ~ Ii' '''I 0"l'" """'(",'01 cvoIR-" "cnTE"Bcn n /( H '',Ii r V\IlWIIYIl\..'vru,\l 1..,,, ltu ~(..r 1\11 i:n.!:6 2011lJ \~~,:,;,\~"':.}.~-,,- Q ~~..;..~ ~~ /-\ /l /' / ' (.::~~\ ( ~__ -.hfL_ t.__/j/'"~, ,__ NOtary Public for Oregon J\1f C E /"; J; <, I d.y ommissiol1 xpires, "'1-~k - c40 I; PRIVATE TEl\1PORARY lVIA.INTENA...NCE A..l'\D l\'VUNTE:\'A!\CE JtCCESS EkSEMENT Page 2 of 3 EXHIBIT 1 LANDS OF DUANE KNIGHTS AND SUSAN K!\T[GHTS (TAX I'vlp..P 17-02-31-42, TAX LOT 800 AT THE TIME OF RECORDATION OF THIS INSTRUMENT) SITUATED in the City of Springfield. Lane County, State of Oregon in the Southeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as fo11o\\'s: BEGINNING at a point 171257 Feet North 890 50' East and 138050 Feet South 000 07' West of the Southwest Corner ofthe L. Comegy's Donation Land Claim No. 81, in Section 31, Tov,'l1ship 17 South, Range 2 \Vest of the Willamette Meridian; run thence North 89044' \Vest 108.01 feet, thence South 000 15' 46" \\Test 52.50 Feet; thence South 89c 44' East 108 14 Feet, thence North 000 07' East 52.50 Feet to the Point of Beginning. EXHIBIT 2 S.OO-FOOT 'VIDE PRIVATE TE.MPORARY MAINTENANCE i\...l\TD l\'LUNTENANCE ACCESS EASEMENT SITUATED in the City of Springfield, Lane County, State of Oregon, in the Southeast 1/4 of Section31, Tovmship 17 South, Range 2 Vlestofthe ,Vlllamette Meridian and c.escribed as follows: " BEING a portion of the lands that vv-ere conveyed to Duane Knights and Susan Knights. husband and wife, in that certain WalTanty Deed that was recorded April 21, 2006 at Recorder's No. 2006- 027614 in the Official Records of Lane County, State of Oregon. said portion being a strip ofland of unifoml width of 5.00 feet, by perpendicular measurement, the perimeter boundary of w}1..1ch is described more particularly as follows - BEGINNING at a point on the south line of said lands ofK.nights that is distm.lt North 89c 44' 00" \Vest 48.65 Feet from the southeast corner of said lands; THENCE, leaVL.l1g said POINT OF BEGIl\'NING and along said south line the follo,\'ing one numbered course (1) NORTH 890 44' 00 " WEST 45.29 FEET to a pomt, and THENCE, leaving last said point and south lUle, along the following three numbered courses' (2) perpendicular to said south line. NORTH 000 16' 00" EAST 5.00 FEET to a point on a line that is parallel 'with and 5.00 feet nOliherly, b) perpendicular measurement, from said south line of the lands ofKllights; (3) along said parallel line. SOUTH 890 44' DO" EAST 45.29 FEET to a point on a line that bears North 000 16' 00" East from the POINT OF BEGIl\:"NING; and (4) alo:ag last said line, SOUTH ooc 16' oaf! 'VEST 5.00 FEET RETIJ&\'ING to the POINT OF BEGIl\1\"1NG and containing 226 Square Feet more or less. Date Received: APR f 4 2008 Original Submittal PRIVATE TEIVIPORillY l\fAINTENA...-l\:CE ~~~D M~A.INTEKA.-,l\fCE ACCESS EASEMINT PaQ"e 3 of 3 1 04/14/2008 10.13 FAX 5413444534 \~ '4 ~ 0021005 .'\ \ . Fidelity National Title Company of Oregon 3007 North Delta HIghway 0 Eugene, OR 97408 (541) 345-3660. FAX (541) 345-3678 PRELIMINARY REPORT ESCROW OFFICER: TITLE OFFICER: Londa Minyard ORDER NO.: 03-402028-46 OWNER/SELLER: BUYER/BORROWER: PROPERTY ADDRESS: 135 & 135 1/2 & 1377 38th Street, Springfield, OR 97478 EFFECTIVE DATE: April 11, 2008,08:00 A.M. 1 . The policy and endorsements to be issued and the related charges are: Owner's Standard Lender's Extended Government Service Charge 209, 59 and 208 1 End. AMOUNT 185,00000 184,50000 PREMIUM 663.00 696.00 Short Term 1500 100.00 2. TH.E ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Northview Investments, Inc.. an Oregon Corporation 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF SPRINGFIELD, IN THE COUNTY OF LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF LM\lm 04/14/2008 Date Received: APR 1 4 2008 Original Submittal 04/14/2008 10 14 FAX 5413444534 ~ 003/005 Order No. 03-402028-46 EXHIBIT "ONEil Situated in the City of Springfield'ln the Southeast 1/4 of Section 31, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: Being a portion of the lands that were conveyed to Northview Investments, Inc., an Qregon corporation, as said lands are described as "Tract 1" In Exhibit "A" of that certain "Serial Property Line Adjustment Deed Two of Two" that was .recorded October 24, 2007 at Recorder's Number 2007-072714 in the Official Records of Lane County, State of Oregon; then perimeter of said portion being more particularly described as follows: Beginning at a point 1433.00feet South 000 08' 56" West from a point on the South line of the Lucinda Comegy's Donation Lane Claim Number 81, Township 17 South, Range 2 West of the Willamette Meridian, which last mentioned point is 1711.86 feet North 890 50' 00" East from the Southwest corner of said Claim; thence, leaving said Point of Beginning and along the East line of said lands of Northview Investments, Inc., South 000 08' 56" West 97.20 feet to a point on a line that is drawn from an uncapped 5/8" rebar lying 1.0 feet below grade and distant North 890 56' 39" East 0.16 feet from said point to a 1/2" iron pipe that is distant South 890 56' 39" West 50.00 feet from said point; thence, Westerly along said hne between the uncapped 5/8" rebar and 1/2" iron pIpe and its Westerly extension, South 89056' 39" West 106.87 feet to a point on the East margin of 38th Street, which margin lies parallel with and 25.00 feet distant Easterly by perpendicular measurement, from the centerline of said street; thence, along said East margin, North 000 15' 46" East 97.80 feet to a pOInt on the North line of said lands of Northview Investments, Inc.; and thence, along the North hne of said lands of Northvlew Investments, Inc., South 890 44' 00" East 106.68 feet returning to the Point of Beginning, in Lane County, Ore Date Received: APR 1 4 2008 Original Submittal 2 04/14/2008 10 15 FAX 5413444534 ~ 004/005 Order No. 03-402028-46 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY _ FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as eXisting hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result In taxes or assessments, or notices of such 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 or by making inqUiry of persons In possession. 3. Easements, or claims of easements or encumbrances, not shown by the pubhc records, reservations or exceptions in patents or in acts authorizing the I~suance thereof, water rights, claims or title to water. 4. DIscrepancIes, conflicts In boundary hnes, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or matenal, Including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gam prionty over the hen of the ensured deed of trust, which hens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS. 6. City liens in favor of the City of Spnngfleld, if any. 7. Rights of the public and governmental agencies In and to any portion of said land Iymg within the boundaries of streets, roads and highways. 8. Matters contained In that certain document entitled "Trailer Permit Comphance Agreement and Restnctlons", by and between Mattie Wmnmgham and the City of Springfield, recorded November 15, 1974, Recorder's No_ 74-48900, which document, among other things, contains or prOVides for: "Reference IS made to said document for full particulars". Reference IS made to said document for full particulars. 9. Easement(s} for the purpose(sl shown below and rights inCidental thereto as granted In a document. Granted to: Purpose: Recorded: Affects: the City of SpnngfllO'ld Public utilities June 6, 1977, Recorder's No. 77-33894 Reference IS made to said document for full particulars Date Received: 3 AP~ ! ~ 2~~~ at ;~ill"'i ;;;;"'~I '1.,~"" 04/14/2008 10:15 FAX 5413444534 ~ 005/005 . Order No. 03-402028-46 10. Our examination of the title to the subject property discloses no open trust deeds or mortgages. The accuracy of this conclusion should be confirmed in writing prior to closing of the proposed transaction. 11. Matters contained in that certain document entitled "Serial Property Line Adjustment Deed One of Two", dated October 18,2007, by and between Northvlew Investments, Inc. and Rick Minton, recorded October 24,2007, Recorder's No. 2007-072713. Reference IS made to said document for full particulars. 12. Matters contained in that certain document entitled "Serial Property Line Adjustment Deed One of Two", dated October 4, 2007, by and between Northview Investments, Inc. and Juan Shednck and Joy Backer, recorded October 24,2007, Recorder's No. 2007-072714. Reference is made to said document for full particulars. 13. Matters contained in that certam document entitled "Temporary Maintenance and f'.12fntenance Access Easement" r dated October 18, 2007, by af'd between Northvlew Investments, Inc. and Juan Shedrick and Joy Backer, recorded October 24, 2007, Recorder's No. 2007-072715. Reference is made to said document for full particulars. END OF ITEMS AND EXCEPTIONS NOTES: Note A. YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN A TIORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT. Note: Any documents being executed In conjunction with this transaction must be Signed in the presence of an authOrized employee of an agent, an authOrized employee of the Insured lender, or by usmg Bancserv or other approved third-party service. If the above reqUirements cannot be met, please call the company at the number provided in thIS report. Note B. Property taxes for the ftscal year 2007-2008, Paid In full. Amount: Account No.: Map No.: Levy Code: $1,424.96 0122844 170231 4200900 1 9-00 Note C. There are no judgments of record against Northvlew Investments, Inc.. Note D. There are no tax hens of record against Northvlew Investments, Inc.. Date Received: Note E. This report IS being ameM for surveyor purposes only. APR 1 4 2008 4 Original Submittal r CITY OF SPRINGFIELD VICINITY MAP SUB2008-00018 135 & 137 38th Street II J'i I. '/- II I 'I I r-~ lid kJj: ,I I H- ~ /:d I I ~ J:j I ~ I \ I 1 I M ~] ,I~-S-TJ . LLJ '.. N &T-M I IN-8-T ~I! III Il~ I b ~ ~ - 1N~ 1 Date Received: APR 1 4 2008 Original Submittal SITE Map 17-02-31-42 Tax Lot 900 North + Sllrv ying val ,; ...... For Final Plat Submission/Transmittal Name of Plat: JJ {; /l.. 7 f./ v ( c.t...J )NUCST h6v7- I have checked through submitted documents, and the following have been submitted: ayMylar of plat (and bond copy for Planning) 1Y-(2) Quit Claim Deed(s) o (2) Original signed Easement(s) (private access and private utIlIty) o In;provement Agreement cr:r-current Title Report o A copy of each of the previous for P tanning These documents are the only ones the Survey Division requires for the Fmal Plat submission and filing. Sincerely, Date Received: APR 1 4 2008 City InstructIOns: ThiS form IS to accompany the plat and the supportmg documents to the PublIc WorI9BQ!gm~fJ~~ttal, CIty of Spnngfield at the tIme of final plat submittal The purpose IS pnmanly to notIfY the plannmg office that the Surveymg DIVISIOn has receIved all the documents It reqUIres for final plat submIttal County Instructions: ThIS form IS to accompany the plat and the supportmg documents to the Lane County Surveyor's Office at the time of final submIttal for recordmg The purpose IS pnmanly to notifY that office of whIch Items need to be recorded SImultaneously WIth the plat. but It also serves to remmd the developer/surveyor that these documents need to be mcluded m the final submittal package to the County Surveyor V \FORMS - PUBLIC WORKS\Engmeerlng DIVlSlOn\SatIsfactlon Survey\SURVEY SECTION\Surveymg Approval Memo---temp doc ( Division or Chler Depuly Clerk Lane I" 'Md. ifiilllll '1\5 '3..6200 ...il72887&1 '010 10/06/2006 10: 11: 19 AM RPR-DEED Cnl=l Sln=6 CASHIER 07 $5.00 $11.00 $10.00 ~006-07~887 $26,00 ~ S' WARRANTY DEED - STATUTORY FORM ~' JOSE SERAFIN DOMINGUEZ ORDONES. WHO ACQUIRED TITLE AS \ \' JOSE ORDONEZ, Grantor, conveys and warrants to an Oregon Corporation: NORTHVIEW INVESTMENTS INCI, Grantee, f)L1J the following described real property, free of encumbrances except as specifically set forth herein, to wit. Beginning at a point 1433.0 feet South 00 07' West from a point on the South line of the Lucinda Comegy's Donation Land Claim No. 81. Township 17 South. Range 2 West of the Willamette Meridian. which last mentioned point is 25.948 chains North 890 50' East from the Southwest corner of said claim. from said beginning point run South 00 07' West 102 feet, North 890 44' West 131.70 feet to the center of poplar Drive, thence North 00 14' East along center line of Poplar Drive 102 feet, thence South 890 44' East 131.49 feet to the point of beginning, in Lane County, Oregon. Tax Account No(s). 0122844 Map/Tax Lot No(s). 17 02 3142 00900 This property is free from encumbrances, EXCEPT. All those items of record, if any. as of the date of this deed. including any real property taxes due, but not yet payable. The true consideration for this conveyance is $169.999.00 . BEFORE SIGNING OR ACCEPTING THIS LNSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTLNG THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO D",...",,,,,,UNE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY "......."S. IF ANY UNDER ORS 197.352. Dated this S~daY of October, 2006. ~ ~"""/.4' JOSE mONEZ .... STATE OF OREGON, C........d 01" LANE ) SS. J5i!::. ~is inst t was,acknowledged before me on October , 2006 by JOSE ~n .. ~........ ~\V\..-~"2..- ~e.'5.. . trA-:T~~~~::~} otary Public for Oregon) ~COMMISSIONNO.400113 My commission expires ~~~~IO!~~~~~D!~~~~ After recording return to. WESTERN TITLE &: ESCROW COMPANY OF LANE COUNTY 497 OAKWAY ROAD, SUITE 340 EUGENE, OR 97401 Until a change is requested all tax statements shall be sent to the following address. NORTHVIEW INVESTMENTS INC. 33855 VAN DUYN RD EUGENE, OR 97408 Date Received: APR 1 ~ 2008 WTE Sb- cnblS-O~ Original Submittal