HomeMy WebLinkAboutApplication APPLICANT 5/27/2008
[City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
f Date Received:
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l MAY 27 2008
Land Division Plat
Partition, Subdivision
Original Submittal
. I I .
Subdivision Plat Pre-Submittal:
Subdivision Plat Submittal:
Partition Plat Pre-Submittal:
I Partition Plat Submittal:
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Applicant Name: Scott Leatham
Phone
912-1122
Company: Summer Development
Fax: 683-8586
Address:
2264 Lakevlew Dnve, Eugene, Oregon 97408
Applicant's Rep.: Dan Nelson, LSI
Phone
Company: Branch Engmeermg, Inc
746-0637
Fax: 746-0389
Address:
310 Fifth Street, Spnngfield, Oregon 97477
Property Owner: Scott Leatham
Phone
Company: Summer Development
912-1122
Fax: 683-8586
Address:
2264 LakevIew Dnve, Eugene, Oregon 97408
ASSESSOR'S MAP NO: 17-02-32-43
TAX LOT
I\.I..l"l.L.Ji , .
5700
Property Address: 4661 Bluebelle Way
Size of Property:
049
Acres ~ Square Feet D
Proposed Name of Subdivision:
I
I Description of
Proposal:
If you are filling In thiS form by hand, please attach your proposal description to thiS application
3 lot smgle family reSidential partitIOn
Existing Use:
Tentative Case #: SUB2007-00056
5 Density
&: . 602 dujacre
propnate box on the next paqe.
Smgle Family ReSidential
# of Lots/Parcels: 3 ~~~:. Lot/Parcel 7240
Si natures: Please 51 nand rint your name and date In the a
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Associated Applications:
Pre-Sub Case No.: PR~2.o08- ()D02o
Case No.: Su I?JJ-Dot -roo ~~
Application Fee: $ J Sq q ~
Date: :; 21. 08
Date: 5/::21 Jot Reviewed by;-A. ~~
Technical Fee: $ J ~q .QS
Reviewed by:
C'
Postage Fee: $0
TOTAL FEES: $ J,1 a, ~ ,q?
PROJECT NUMBER: PRStlDol- ocD8S
'II, ,I,"," 1\" ,,'
ReVised 1/1/08 Molly Markarian ~ W J.OOl-" {fJors
1 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
Scott C Leatham
Print
Submittal
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:
Shr7! ;kD,
Signature ....
Date:
~)'rJ.3 -09
Print
Date Received:
,
1
MAY 27 2008
Original Submittal
ReVised 1/1/08 Molly Markarian
2 of 6
Land Division Plat Pre-SP~mittal Requirements Chec. ~st
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. Any applicable application, technology, and postage fees, are collected at
the pre-submittal and submittal stages.
~ Land Division Plat Application Form
~ Letter Addressing Conditions of Approval - lists and addresses each condition of
approval, detailing the actions taken and current status of each Item.
~ Nine {9} Paper Copies of the Plat stamped and signed by the surveyor.
~ 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.
~ 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 deeds, and documents listed as
exceptions In the title report, etc.
D Two (2) Draft Copies of any street dedications.
~ Two (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 liel! of assessment, and any other
documents that will be recorded together with the plat or that are required by the
Conditions of Approval.
~ Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by
the lender prior 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).
D Copies of Wetland Documents as required.
D Copies of ODOT Access Permits as required.
D Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a
template.
D
D
Verification that Street Tree Agreement is in Progress as required.
Draft Copy of the Conditions, Covenants & Restrictions {CC&R~~ R . do
required. i ecelve .
MAY 2 7 2008
f
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ReVised 1/1/08 Molly Markarian
Original SubmiE"i
5 of 6
o Post Monumentatior,~.'?eposit as required for subdivisiL / only. City Survey Section
has current fee schedule and templates.
o Location of Any Floodways in accordance with SDC 3.3-400.
~ Existing Easements Clearly Identified with Their Recorded Reference.
~ 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
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.
Land Division Plat Submittal Requirements Checklist
NOTE: If you feel an Item does not apply, please state the reason why and attach the
explanation to this form.
o 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.
o Land Division Plat Application Form
o Two (2) Copies of the Deed
o Two (2) Copies of a Title Report Issued within 30 days of the date Lane County Will
record the plat.
o Original Plat on Mylar With notarized owner(s) slgnature(s) and signed surveyor stamp.
o Copy of the Mylar on Bond Paper
o Original and Copy of all Required Documents with signatures where appropriate.
Date Received:
MAY 2 7 2008
Original Submitii..,' .
Revised 1/1/08 Molly Markarran
6 of 6
CITY OF SPRINGFIELD
VICINITY MAP
SUB2008-00023
4661 Bluebelle Way
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Date Received:
MAY 2 7 2008
Original Submittal
SITE
Map 17-02-32-43
Tax Lot 5700
North
...
al
Fo'r Final Plat S'ublnission/rrransmitt
For ?ina.'. P~at Su)missionlTransmittal
(TO PLANNING)
Name of Plat: Summer Development (Scott
Leatham)
I have checked through submitted documents, and the followmg have been submitted:
~lar of plat (and bond copy for Planning)
IbV(1f Improvement Agreement
ld'15eclaration of Private Easements
~oncurrence to Plattmg
~DyGl-aratlOn of Restrictions
~UB ROW Underground Easement
rn-current Title Report
o A copy of each of the previous for Planmng
Date Received:
MAY 2 7 2008
Original Submittal
These documents are the only ones the Survey Division requires for the Final Plat
submisslOn and fihng.
Smcerely,
City Instructions: ThIs form IS to accompany the plat and the supporting documents to the Public Works Department of the
CIty of Spnngfield at the tIme of final plat submittal The purpose IS prnnanly to nottfy the planntng office that the SurveYing
DIvIsion has receIved all the documents It reqUIres for final plat submIttal
County Instructions: ThIs fonn IS to accompany the plat and the supporting documents to the Lane County Surveyor's
Office at the tllne of final submIttal for recording The purpose IS prnnanly to notIfy that office of which Items need to be
recorded sImultaneously wIth the plat, but It also serves to remind the developer/surveyor that these documents need to be
Included In the final submIttal package to the County Surveyor
V \SURVEy\Plat Dmwmgs\Cogo'd Dmwmgs & Letters\Partll1ons_on plat 808_& revIew comments\Summel Development\plat submIttal
transmittal to plannmg doc
. Fidelity National Title Company of Oregon
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity
National Title Company of Oregon reports that it is prepared to issue, or cause to be
issued, as of the specified date, a Policy or Policies of Title Insurance describing the land and
the estate or interest described, insuring against loss which may be sustained by reason of
any defect, lien or encumbrance not shown or referred to as an Exception below or not
excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of the
Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set
forth in ExhIbit A attached. Copies of the Policy forms should be read. They are available
from the office which issued this report.
This report (and any supplements or amendments) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed.
The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title
Insurance Company, a California corporation.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
This report is for the exclusive use of the parties to the contemplated transaction, and the
company does not have any liability to any third parties nor any liability until the full premium
is paid and a policy is issued. Until all necessary documents are placed of record, the
company reserves the right to amend or supplement this preliminary report.
~~ /ntAucud
V' Countersigned/ ~
r Date Received:
~'
.' MAY 2 7 2008
Original Submittal
. Fidelity National Title Company of Oregon
3007 North Delta Highway Eugene, OR 97408
(541) 345-3660 FAX (541) 345-3678
PRELIMINARY REPORT
ESCROW OFFICER: Brenda Betz
TITLE OFFICER' Casey Wheeler
ORDER NO.: 03-402095-46 - B
Amended
TO: Fidelity National Title Company
A TTN' Brenda Betz
3007 North Delta Highway Suite 206
Eugene, OR 97408
YOUR REFERENCE.: 402095
OWNER/SELLER Summer Development, Inc
BUYER/BORROWER:
PROPERTY ADDRESS: 4661 BluebelJe Way, Springfield, OR 97478
EFFECTIVE DATE:
May 21, 2008, 08:00 A.M.
1 . The policy and endorsements to be issued and the related charges are'
Owner's Standard
Government Service Charge
AMOUNT
175,00000
PREMIUM
638.00
15.00
2. THE 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:
Summer Development, Inc.
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
CW\CMW 04/24/2008
Date Received:
MAY 2 1 2008
Orioinq~ Submittal
1
Order No. 03-402095-46
EXHIBIT "ONE"
Lot 31, E. M. HINSHAW PLAT, as platted and recorded in Volume 12, Page 20, Lane County
Plat Records, in Lane County, Oregon.
Date Received:
MAY 2 7 2008
Onginal SUbmittal
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Order No 03-402095-46
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 liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records,
proceedings by a public agency which may result in taxes or assessments, or notices of
such proceedings whether or not shown by the records of such agency or by the publ ic
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 public records,
reservations or exceptions In patents or In acts authorizing the issuance thereof, water
rights, claims or title to water
4.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5.
Any statutory liens for labor or material, including liens for contnbutions due to the State
of Oregon for unemployment compensation and for worker's compensation, which have
now gained or may gain priority over the lien of the insured deed of trust, which liens do
not now appear of record
SPECIFIC ITEMS AND EXCEPTIONS:
6.
City liens in favor of the City of Springfield, if any.
7.
Property taxes, and any assessments "collected with taxes, for the fiscal year 2007-2008.
Amount:
Unpaid Balance:
Account No.:
Map No .
Levy Code:
$1,703.70
$567.90 plus interest, If any
0129963
17 02 32 43 05700
1 9-00
8.
Easement(s) for the purpose(s) shown below and rights incidental thereto as delIneated or
as offered for dedication, on the plat of said property.
Purpose:
Affects'
Public utilities
Southerly 6.0 feet
Date Received:
MAY 2 7 2008
Origin::l Submittal
3
9.
NOTES:
Note A.
Note B.
Note C.
Note D.
Order No. 03-402095-46
A deed of trust to secure an indebtedness In the amount shown below, and any other
obligations secured thereby
Amount:
Dated:
Grantor:
Trustee
Beneficiary:
Recorded:
$100,000.00
August 15, 2007
Summer Development, Inc., an Oregon Corporation
First Amencan Title Insurance Company
Chuck Wafford
August 21, 2007, Recorder's No. 2007-058660
END OF ITEMS AND EXCEPTIONS
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 ATTORNEY 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 using 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.
There are no judgments of record against Summer Development, Inc
There are no tax liens of record against Summer Development, Inc .
This report is oeing updated for surveying purposes.
Date Received:
MAY 2 7 2008
Original Submittal
4
Fldelltv National Financial Grouo of Comoames' Prlvacv Statement
July 1, 2001
We recognize and respect the pnvacy expectations of today's consumers and the requirements of applicable federal and sta"te
privacy laws We believe that making you aware of how we use your non-public personal informatIOn (OPersonallnformatlon~,
and to whom It is disclosed, will form the basIs for a relationship of trust between us and the public that we serve ThiS Privacy
Statement provIdes that explanatIon We reserve the right to change thiS Privacy Statement from time to time consistent wl"th
applicable pnvacy laws
In the course of our business, we may collect Personal Information about you from the following sources:
From applications or other forms we receive from you or your authonzed representative,
From your transactions with, or from the servIces being performed by, us, our affiliates, or others,
From our Internet web Sites,
From the public records maintained by governmental entitles that we either obtain directly from those entities, or from
our affiliates or others, and
From consumer or other reporting agencies
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal InformatIon
We maintain phYSical, electromc and procedural safeguards to protect your Personal Information from unauthonzed access or
intrusion We limit access to the Personal Information only to those employees who need such access In connection With
providing products or services to you or for other legitimate bUSiness purposes
Our Policies and Practices Regarding the Shanng of Your Personal Information
We may share your Personal Information With our affiliates, such as Insurance compames, agents, and other real estate
settlement service proViders We also may disclose your Personal Information
to agents, brokers or representatives to proVide you With services you have requested,
to thIrd-party contractors or service proViders who proVide services or perform marketing or other functions on our
behalf, and
to others With whom we enter Into JOint marketing agreements for products or services that we believe you may
find of Interest
In addition, we Will disclose your Personal Information when you direct or give us permission, when we are reqUired by law to
do so, or when we suspect fraudulent or Criminal actiVItIes We also may disclose your Personal Information when otherWise
permitted by applicable pnvacy laws such as, for example, when disclosure IS needed to enforce our rights anslng out of any
agreement, transactIOn or relationship With you
One of the Important responsibilities of some of our affiliated compames IS to record documents In the public domain Such
documents may contain your Personal InformatIOn
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion
Certain states afford you the nght to access your Personal Information and, under certain Circumstances, to find out to whom
your Personal Information has been disclosed Also, certain states afford you the nght to request correction, amendment or
deletion of your Personal Information We reserve the nght, where permitted by law, to charge a reasonable fee to cover the
costs incurred In responding to such requests
All requests must be made In wntlng to the follOWing address
Pnvacy Compliance Officer
Fidelity National Financial, Inc
4050 Calle Real, SUite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you With more than one finanCial product or service, you may receive more than one pnvacy notice from us We
apologize for any Inconvemence thiS may cause you
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AFTER RECORDING RETURN TO
FIDELITY I 1NAL TITLE INSURANCE
Cc. ,NY OF OREGON
800 W1lLAMETTE ST., #500
EUGENE, OR 91401
RECORDING REQUESTED BY:
Fidehty National Title Company of Oregon
GRANTOR'S NAME'
Richard W. Dupret Jr and Teresa L Dupret,
GRANTEE'S NAME
Summer Development, Inc.
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DivisJon or ChJr, ,"., ::...eput.y Clerk ~^1~5o~eft""-
Lane Count.y Dee' ~'i'ld Records ,W "V UUiR
1~~J~~ ~L70 ,S :Jj l~~J5 -II -' $31. 00
RPR DEED Cnl 08/21/2007 10:22:52 AM
- =1 St.n=9 CASHIER 04
$10.00 $11.00 S10.00
SEND TAX STATEMENTS TO'
Summer Development, Inc.
2073 Musket
Eugene, OR 97408
Escrow No. 402095.FTEUG03
SPACE ABOVE THIS UNE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Richard W. Dupret Jr and Teresa L Dupret. as tenants by the entirety
Grantor, conveys and warrants to
Summer Development, Inc
Grantee, the following described real property free of encumbrances except as specifically set forth
herein.
Lot 31, E M HINSHAW PLAT, as platted and recorded in Volume 12, Page 20. Lane County Oregon Plat
Records, in Lane County, Oregon
ENCUMBRANCES. 2007-2008 property taxes, a hen not yet due and payable
Rights of the Pubhc. Covenants, Condrtions, Restnctions and Easements of record, if any
Before signing or accepting this instrument, the person transferring fee title should inquire about
the person's rights, if any, under ORS 197.352. This instrument does not allow use ofthe 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 appropnate city or county planning department to verify approved uses, to determine any
limits on lawsuits against farming or forest practices as defined in ORS 30.930, and to inquire
about the rights of neighboring property owners,lf any, under ORS 197.352.
The true conSideration for thiS conveyance is $175,000 00
Dated August 20, 2007; If a corporate grantor, It has caused Its name to be Signed by order of its board
of d,redors ~
D~~~~~ 91
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Date Received:
MAY 2 1 2008
Or:gli'~! Submittal
\.+J~ JJ CY -.J!JI'>
YL
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State of OREGON
COUNlY of Lane
This Instrument was acknowledged before me on ~ ;:>0' <.::r1 ' 20
)
Date Received:
MAY 2 1 2008
Original Submittal
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DECLARATION OF EASEMENTS:
A) Easement Created: SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certain area designated as "PRIV A TE
JOINT USE ACCESS AND UTILITY EASEMENT" on said partition plat as said easement
lies in Parcels 1 and 2 for private access purposes.
Easement Created: SUMMER DEVELOPMENT, INC her~by creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certain area designated as "PRIVATE
{JOINT USE ACCESS AND UTILITY EASEMENT" on said p~rtition plat as said easement
lies in Parcels 1 and 2 for private utility purposes.
Easement Created: SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 1, 2 and 3 over that certain area designated as "PRIV A TE
STORM DRAINAGE EASEMENT" on said partition plat as said easement lies in Parcel 1
for private storm drainage purposes.
Easement Created: SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certain area designated as "PRIV A TE
SANITARY SEWER EASEMENT" on said partition plat as sai~ easement lies in Parcels 1,
2 and 3 for private sanitary sewer purposes.
Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not
allow the placement 'of private utilities within any Public Utility Easement except for
crossmgs.
Use of the Burdened Propertv: The owners or occupiers of the parcels affected by
these easements shall have the right to use their property; including the areas described as the
easements, 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 or storage of vehicles shall
be allowed by any party within the easement area, including the agents, employees, tenants,
and invitees of said owners.
Maintenance and Repairs: The cost of any maintenance or repair of the driveway and
storm drainage improvements within the\ easement area shall be split equally between the
own~rs of Parcels 2 and 3. The cost of any maintenance or repair of private utilities lying
within the easement areas will be the responsibility ofthe owner of the respective facility.
H) I Successors in InterestThe provisions of this instrument touch and concern, and relate to the
use of Parcels 1, 2 and 3 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
representatives of all owners of any of the aforementioned parcels.
Recorded at the request of and
after recording return to:
Branch Engineering, Inc.
310 Fifth Street
Springfield OR 97477
DECLARATION OF RESTRICTIONS
BE IT KNOWN, that Summer Development, Inc. does hereby declare a restriction over the
following described property:
SITUATED in the Southwest 1/4 of the Southeast 1/4 of Section 32 in Township 17 South,
Range 2 West of the Willamette Meridian in Lane County, State of Oregon and described as
follows:
BEING all of Parcels 2 and 3 of Land Partition Plat No. as
platted and recorded in the Lane County Partition Plat Records in Lane County, Oregon.
SAID RESTRICTION, unless otherwise authorized by the City of Springfield, limits future
development on Parcel 3 to 3,600 square feet or less of fire-flow calculation area as defined in
the Springfield Fire Code unless fire-flow requirements are met for a larger dwelling, requires
future development on Parcels 2 and 3 shall abide by the base solar development standards as per
Springfield Development Code 3.2-225.
"
IN WITNESS WHEREOF, Summer Development, Inc. has executed this Declaration of
Restrictions on this 'Z.. 3 day of IM~ . 2008.
Summer Development, Inc.
~~
Scott C. Leatham, President
Date Received:
MAY 2 7 2008
STATE OF OREGON
County of Lane
)
)ss
)
Original Submitcal
On rYla......, f 3,2008 personally appeared the above named Scott C. Leatham
who is the President of Summer Development, Inc. and who is known to me to be the identical
individual who executed the foregoing instrument and who does hereby acknowledge said
instrument to be his voluntary act and deed and that said instrument was signed on behalf of said
company. ~ f1 ~ >
t~lt ~-~""'O~OAI~Fy~piCU;BIAlJI.cli_ ~OARNE~G~O:N- -- W. Notary Public for Oregon
I; My Commission Expires: ~~ t.,8 ,l-O f(
6 \ COMMISSION NO 419581 ' - - --)
L__ ~~c~~~S~~.E~:~~, ~~LY 28, 2011 .L
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1) SUMMER DEVELOPMENT, INC, Grantor, is the owner of the lands that are described in
that Warranty Deed that was recorded August 21, 2007 at Recorder's Number 2007-058659
in the Official Records of Lane County, State of Oregon.
2) The, owner is dividing said real property into three parcels as shown on Land Partition Plat
No. 2008-P as partitioned and recorded in Lane County Oregon Partition
Plat Records. (
3) The owner desires to create easements and define maintenance responsibility on certain areas
and facilities for the benefit of future owners of the parcels as described below.
I
B)
C)
D)
E)
F)
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Date Received:
MAY 2 7 2008
,I
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DECLARATION OF PRIVATE JOINT USE ACCESS,'
PRIVATE STORM DRAINAGE AND PRIVATE SANITA~gii1aJ Sllbmittal
SEWER EASEMENTS
Page 1 of2
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IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE
ACCESS, PRIVATE STORM DRAINAGE AND PRIVATE SANITARY SEWER EASEMENTS
on this z....3 day of VV\ n.......- . 2008.
\
Summer Development, Inc.
91fr~
Scott C. Leatham, President
(
STATE OF OREGON
)
)ss
)
County of Lane
On VV\..~ 1-:3 , 2008 personally appeared the above named Scott C. Leatham
who is the President of Summer Development, Inc. and who is known to me to be the ideritical
individual who executed the foregoing instrument and who does hereby acknowledge said
,
instrument to be his voluntary act and deed and that said instrument was signed on behalf of said
company.
't _- . . OFF;c'ALSEAL' r
I GAil A WAISANEN ,
J I NOTARY PUBLIC. OREGON
) COMMISSION NO. 419581
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Notary Public for Oregon
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Date Received:
MAY 2 7 2008
Original Submittai
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIVATE STORM DRAINAGE AND PRIVATE SANITARY
SEWER EASEMENTS
Page 2 of2
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IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF ~OTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and Summer Development Inc
hereinafter referred to as Applicant(s), do covenant and agree with respect to the real
property described below as follows.
~ 1 Applicant(s) warrants and represents to the City of Springfield that it is the owner of
the property more particularly described and set forth in Paragraph 7 below and, as
owner, has the authority to enter into this Improvement Agreement with the City of
Springfield.
2. Appllcant(s) deSires Development Approval from the City with respect to the following
Development Application SUB2007-00056 (tentative)
3. The development will cause both an immediate and long-term demand on the various
public facilities of City and Lane County Including the specific public Improvements
necessitated by the development as set forth in paragraph 6.
4. This Improvement Agreement IS an alternative to Imposing a condition on Applicant's
development approval that the Applicant make immediate construction of any public
improvement that the development necessitates. The objective IS to promote
efficiency, coordination, and spread costs by providing an opportunity for a district
wide improvement mechanism where construction occurs in a coordinated project
with the participation of adjacent and other properties in the area, instead of requIring
immediate improvement in conjunction with each development application. There IS
no guarantee, however, that such a coordinated project will be possible and the City
reserves the right to require construction of the improvements in the future at City
discretion
5 (a) Applicant and City agree that Applicant will pay the cost of the following public
facility improvements described in Paragraph 6 in accordance with respective cost
assumption policy established by City at the time the City determines to undertake
and complete such public improvements.
(b) Applicant and City acknowledge and agree that the cost of such improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned if the improvements were
constructed immediately or by Applicant now or later.
(c) Applicant acknowledges that the timing of the construction of such Improvements
IS within the so'e and exclusive direction of the City
6. (a) STREET IMPROVEMENTS along the frontage of -Bluebelle Way
to include: ~ surface paving; D storm sewers; U sanitary sewers; I6l curbs;
[g] gutters, 0 planter stripS, [g] street'trees; [g] street lights; [g] sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
/
Date Received:
MAY 2 7 2008
(Bar Code Sticker)
Original Submittal
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AFTER RECORDING RETURN TO
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
Z \2007\07-179 Leatham on BluebellelSURVEYlAPPLlCATIONllmprovement Agreement new doc
Page 1014
REVISED August, 2007
, I .,.,.~
Applicant acknowledges that the list of marked Improvements reflect those that would
currently be reqUired under the approp~late City codes and ordinances. Applicant
acknowledges that it understands that the improvements made will be those required to
bring the street to full urban standards for the then current functional classification of the
street as those standards eXist at the time the Improvements are made and may,
therefore, differ from the list of Improvements checked herein.
7. LEGAL DESCRIPTION.
Date Received: .,
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SEE EXHIBIT "A" MAY 2 7 2008
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Original Submittal_____.
AKA' Tax Map & Lot No.: 17-02-32-43 TL 5700
I
Property Address: 4661 Bluebelle Way
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8. City agrees that Applicant's execution and performance of the terms of the
Agreement will be deemed to be In compliance with City's policy pertaining to
improvement requirements, and if Applicant complies in every respect with all other
applicable laws of the State of Oregon, Lane County, and City, Applicant shall be
entitled to Development Approval, subject to the terms and conditions of approval set
forth therein
9. ThiS agreement IS enforceable by the State of Oregon, Lane County or City.
10. - APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS,
CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE
LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF
THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO
REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does not waive any
right to protest the amount or manner of spreading the assessment thereof, If the same
shall appear to the Applicant to bear Inequitably or unfair upon said property of
Applicant. Applicant's acceptance of the non-remonstrance condition IS In consideration
for the City's waiver of the reqUirement for the Immediate construction of the public
improvements that the development necessitates. This Improvement agreement waives
the property owner's right to file a written remonstration It does not waive a property
owner's right to comment on the proposed district or any related matters orally or in
Writing. I
11. It is the Intention of the parties hereto that the covenants herein contained shall run
With the land herein described, and shall be binding upon the heirs, executors, assigns,
administrators, and successors of the parties hereto, and shall be construed to be a
benefit and a burden upon the property herein described. This Agreement shall be
recorded in the Lane County Deed Records.
NOTICE TO APPLICANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospective purchaser of this property, you are advised to
discuss this Agreement With an Attorney of your chOice. Execution and recordation of
thiS Agreement Will place requirements on the Owner and any subsequent purchaser of
the Real Property described In Section 7 and their heirs, successors and assigns
These reqUirements include but are not limited to the payment for the public
Improvements described in Section 6. This may result in an assessment lien on the
Real Property described in Section 7 and significant costs to the Owner and
Purchasers, and their heirs, successors and assigns An Applicant's signature on this
Agreement indicates that the Applicant has thoroughly read this Agreement,
understands it, has had the opportunity to consult legal counsel prior to its execution,
and understands that execution of the Agreement may result in significant financial
obligations Imposed upon the Owner of the Real Property. Any prospective Purchaser
of the property burdened by this Improvement Agreement should also thoroughly review
this Agreement, consult With legal counsel prior to purchasing the property, and
understand that this Agreement may result in a significant financial obligation Imposed
upon any Owner of the Real Property described In Section 7.
Z \2007\07-179 Leatham on BluebellelSURVEY\APPLlCATIONllmprovement Agreement new doc
Page 2 of 4
REVISED August, 2007
~ 1;-
WHEREFORE, the parties have hereunto set their hand this
day of VV\~ ' , 2008
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SIGNATUREIS)
PRINT NAME(S)
cot! Leatham
President, Summer Development Inc
STATE OF OREGON
COUNTY OF Lane
. SS
BE IT REMEMBERED that on this "l.. '3 day of 'N\. ~ ,2008 before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Scott C Leatham, President of Summer Development Inc
whose Identity was proved to me on the basis of satisfactory eVidence and who
executed the within instrument and acknowledged to me that he executed the
same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
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y. ~f)- - - - - - oFFiciAL SEAL I
l. GAIL A WAISANEN f
, NOTARY PUBLIC - OREGON f
ij' COMMISSION NO. 419581 I
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MOOA-'
N'otary Public for Oregon
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My Co~~~slon Expires
-
CITY OF SPRINGFIELD
Reviewed and approved
By
(NO notary required)
Development Services Department, Planning Division
Accepted by
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i
Date Received:
MAY 272008
Dennis P. Ernst - City Surveyor
STATE OF OREGON
COUNTY OF Lane
Original Submittal
SS
BE IT REMEMBERED that on thiS day of ,2008 before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Dennis P. Ernst whose identity was proved to me on the
baSIS of satisfactory evidence and who executed the wlthm instrument and
acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
Notary Public for Oregon
My Commission Expires
Z 12007\07-179 Leatham on BluebellelSURVEYlAPPLlCA TIONllmprovement Agreement new doc
Page 3 of4
REVISED August, 2007
EXHIBIT "An
LEGAL DESCRIPTION
.
LOT 31, E.M. HINSHAW PLAT AS PLATTED AND RECORDED IN VOLUME 12,
PAGE 20, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
MAY 27 2008
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Date Received:
Original Submittal
,
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Z \2007\07-179 Leatham on BluebellelSURVEYlAPPLlCATIONllmprovement Agreement new doc
REVISED August, 2007
Page 4 of 4
After recording retU11l to:
Rex Betz, Branch Engine...._.ag, Inc.
310 Fifth Street
Springfield, OR 97477
CONCURRENCE
for
LANDS OF SUMMER DEVELOPMENT, INC.
Whereas Chuck Wafford is the beneficiary of a Deed of Trust held against a portion of or all of
the lands described in Exhibit "A" attached hereto and made a part hereof, which Deed of Trust
was recorded in Lane County Oregon Official Records August 21, 2007 as Document Number
2007-058660
Whereas Sunmler Development, lnc desires to record a Pmiition Plat creating three separate
legal parcels;
Know all men by these presents that Chuck Wafford hereby concurs "'lIth the platting and
recording of said Plat as said plat partitiOilS said laflds.
Dated this .~ t
day of
~i 1Jt~C/J; ,2008.
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Signature: !~Jw'.df !J.J~.&-.yX-
ACKNO\VLEDGMENT
State of Or('gon )
County of Lane )SS
On ,tY\.a~ 3 (
,2008 personally appeared the above nanled ChuckWafford
who is known to me to be the identical individual who executed the foregoing instrument and
who does hereby acknowledge said instrument to be; Iris voluntary act mld deed.
t~~~ ~~
Notary Public for 9)~ /1D I (
....~,,',.-----~~-------~~~.~~~--_.~ ~-~
OFFICIAL SEAL
BRYCE R JESSEN
. NOTARY PUBUC-oREGON
COMMISSION NO. 420692
MY COMMISSION EXPIRES SEPT. 10,2011
Date Received:
1
,
~
MAY 2 7 2008
Original Submittal
CONCURRENCE TO PLATTING
Page J of2
After recordlng return to:
Rex Betz, Branch Englneering, Inc.
310 Flfth Street
Sprlngfleld, OR 97477
EXHIBIT "A"
LEGAL DESCRIPTION
SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN
THE SOUTHEAST 1/4 OF SECTION 32 IN TO\VNSHIP 17 SOUTH, RANGE 2 \VEST OF
THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS
LOT 31, E.M. HINSHAW PLAT AS PLATTED AND RECORDED IN VOLliME 12, PAGE
20, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.
I Date Received:
f:
MAY 2 7 2008
Original Submittal
CONCURRENCE TO PLATTING
Page 2 of2
PLEASE RETURN TO:
SPRINGFIELD UTILITY BOARD
1001 MAIN ST
SPRINGFIELD, OR 97477
TIns space reservedfor
Lane County Deeds and Records sticker
SPRINGFIELD UTILITY BOARD
'RlGHT-OF- TiV A Y
UNDERGROUND EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, SUMMER DEVELOPMENT,
for a good and valuable consideratIOn, of the payment of the sum of $000, the receIpt
whereof IS hereby acknowledged, does hereby grant unto the CIty of SpnngfIeld, a mUnIcIpal
corporation, acting by and through its SPRINGFIELD UTILITY BOARD, and unto its successors
and assIgns, the nght to enter upon the lands of the underSIgned sItuated In the CIty of
SpnngfIeld, State of Oregon, and more partIcularly deSCrIbed as follows:
Lot 31, E.M. HINSHAW PLAT, as platted and recorded in Volume 12, Page 20, Lane County
Oregon Plat Records, In Lane County, Oregon.
ThIs property IS also known as Tax Map 17-02-32-43; Tax Lot 05700
BeginnIng at the Northeast property corner headIng South 145' along the East property lIne a
5' prIvate electnc easement to place, construct, operate, repaIr, mamtam, relocate, and
replace therein an underground electnc dlstnbutlOn lme, Includmg vaults, transformers
and other necessary faCIlitIes, to remove and replace fences and lawns to the extent
necessary to construct, mamtam, and protect saId lmes No part of any buIldmg or
permanent structure wIll be placed upon thIS easement, other than asphalt pavements,
curbs, SIdewalks, and driveway aprons. ThIS easement does not restrict the Il1stallatlOn of
Qwest Communications and Comcast facIlitIes prOVIded Il1stallatIOns meet SpringfIeld
UtilIty Board's approval. .
Date Received: 1
MAY 27 2008
Original Submittal
SUMMER DEVELOPMENT
Page 1 of2
03/20/08
The undersIgned covenants that they are the owners of the above-descrIbed property and
that such property is free and clear of encumbrances and liens of whatsoever character
except:
~~
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SCOTT C. LEATHAM, PresIdent
SUMMER DEVELOPMENT
) -:2.3 -08
DATE
STATE OF OREGON)
) ss
County of Lane )
BE IT REMEMBERED, That on thIS n day of rv1Ci.A/1 ,2008, before me, the
l
undersIgned, a Notary PublIc In and for saId County and State, personally appeared the wIthIn
named
SCOTT C. LEATHAM. PRESIDENT, SUMMER DEVELOPMENT
known to me to be the IdentIcal mdIvIduals described In and who executed the wIthIn
Instrument and acknowledged to me that they executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offIcIal seal the day
and year last above wntten.
~_,..--' OFFIC;~SE;~----/
GAIL A WAISANEN I
. NOTARY PUBLIC. OREliON I
, COMMISSION NO. 419581 ]
~ , .. MY.C~~MISSION EXPI~~~ULY 28. 2011 j
. /
Notary PublIc for Oregon ~ Q ~
My commISSIOn expires:
JuL, t/3. Z~/)
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SpnngfIeld Utility ~S thIS conveyance of real property or easement
Approved by. 04~4'~ /~---
Tamara Johnson /" .
Engmeenng Manager
SprIngfIeld UtIlIty Board
Date Received:
MAY 2 7 2008
Original Submittal
SUMMER DEVELOPMENT
Page 2 of2
03/20/08
225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
SUB2008-00023
SUB2008-00023
Payments:
Type of Payment
Check
cRecemtJ
RECEIPT #:
Description
cTY PartitIOn Plat
+ 5% Technology Fee
Paid By
SCOTT LEATHAM
Citv of Springfield Official Receipt
I Jopment Services Department
Public Works Department
2200800000000000749
Date: OS/27/2008
Item Total:
Check Number AuthorizatIOn
ReceIved By Batch Number Number How Received
emm
1084
In Person
Payment Total:
D~t~ RefJe~ved;
MAY 2 7 2008
Original SubmittaL
Page 1 of 1
11:40:06AM
Amount Due
2,599 00
12995
$2,728.95
Amount Paid
$2,72895
$2,728.95
5/27/2008