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HomeMy WebLinkAboutApplication APPLICANT 5/27/2008 [City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 f Date Received: I ~ 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: . - . , , - - 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 , , - - 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 I I 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 l-I'.'~.'.'W>;-..r6.:.. ~~ -17--\~~~I-;~i I'<'~~ ,~" J ~~ . "'J! ,. H ~w I J '" ~B b"'~"'LE-WA-~. .' 1 /" I _ ' ., ~ - ~ATrY IJr j IU~ J llJ ~! q 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 ""'-- i I i j~ ~ 2 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 . ..n~ D~t~ ~ :"::-~~\/eUo ~ ~n..v ' "I 'Jili!? I' r".l ~ { €.u...>J , "~' ".; Cl ~.. ~,o1""l~ vU>>.JITL~t .v.....-,..._..............----- _f. ~.~J .)..... 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. r--~ -- 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 ~ \--A.~ Date Received: MAY 2 1 2008 Or:gli'~! Submittal \.+J~ JJ CY -.J!JI'> YL .. State of OREGON COUNlY of Lane This Instrument was acknowledged before me on ~ ;:>0' <.::r1 ' 20 ) Date Received: MAY 2 1 2008 Original Submittal ---= =- 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 ...'-A.....I,~ 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) G) Date Received: MAY 2 7 2008 ,I t DECLARATION OF PRIVATE JOINT USE ACCESS,' PRIVATE STORM DRAINAGE AND PRIVATE SANITA~gii1aJ Sllbmittal SEWER EASEMENTS Page 1 of2 (':' o " " 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 J~, _. _. ~1.Gg~~)~~~~E~~~ ~~ ~,!.022__ ~r/~ \ - Notary Public for Oregon .J 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 ~ ,"-, ':"~'}~ ",/f ~.."_ .' 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 '\ '- 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: ., ~'"1 ~ 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 .~ ';1$l', 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 rt~ z.:3 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. f{ '. .,...:. ~'. ...,.... --::. c-. - , rl y. ~f)- - - - - - oFFiciAL SEAL I l. GAIL A WAISANEN f , NOTARY PUBLIC - OREGON f ij' COMMISSION NO. 419581 I ~ _ _ ~~c~~~s~~:"~~ ~~:~ ~~, ~?~~_. ", MOOA-' N'otary Public for Oregon ,}IJL ~/ Wft' My Co~~~slon Expires - CITY OF SPRINGFIELD Reviewed and approved By (NO notary required) Development Services Department, Planning Division Accepted by J '" , , f 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 1 ,';tl t~'. ~,1 I Date Received: Original Submittal , " 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. /,-4~J ;J I h- () 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: ~~ - " ~ . 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~/) f / 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