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HomeMy WebLinkAboutApplication APPLICANT 6/10/2008 JUN 1 0 2008 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision Date Received: Original submittal Com an : Phone: 747-2363 Fax: A licant Name: Gordon Hoerauf Address: 938 McKenZle Crest Dnve, Sprmgfield. Oregon 97477 A licant's Re .: Dan Nelson, LSI Phone: 746-0637 Com an : Branch Engmeermg, Inc. Fax: 746-0389 Address: 310 Fifth Street, Sprmgfield, Oregon 97477 Owner: Gordon Hoerauf and HoeraufLIvmg Trust Phone: 747-2363 Fax: Address: 938 McKenZie Crest Dnve. Sprmgfield, Oregon 97477 ASSESSOR'S MAP NO: 17-03-36-22 TAX LOT NO S : 60008:6001 1290, 1306, 1324 'F' Street, Sprmgfield, Oregon 97477 32.159 Acres D S uare Feet IZJ Pro osed Name of Subdivision: HoeraufSubdIvisIOn Description of Pro osal: If you are flllmg In thiS form by hand, please attach your proposal description to thiS application Final lattmg of an approved tentatIve that laId out 6 lots WIth 3 eXlstmg homes to remam on 3 bUIldable lots Existin Use: Smgle FamIly ResIdentIal Tentative Case #: SUB2006-00057 A . t d A I' t" :{}'" SSOCia e Ica iOns: v' Pre-Sub Case No.: 8 2bDt:)'Obu\Lf Date: Date: ~/lol (:) Reviewed b Case No.: ~ Technical Fee: $ - Z-YL A lication Fee: $ TOTAL FEES: $ PROJECT NUMBER: P4Z. Revised 1/1/08 Molly Markarian 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 Owner: j The undersigned ackncoWiedges that the InfPrmatlon In this application IS correct and accurate for scheduling of the Pre- Submittal Meet ~ ,~ . . ?'" Date: / ~ J/ Z-~ /?~O " Gordon P Hoerauf 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 st ment serves S written notice pursuant to the requirements of ORS 227 178 pertaining to a complete appllca n. Owner: Signature _ _ G'tJlW12N P f/Pt5Mt/~ Print ' Date Received: JUN 1 0 2008 Original Submittal Revised 1/1/08 Molly Markarian 2 of 6 ~ ~ D ~ D D D o D o land Division Plat Pre-Submittal Requirements Checklist 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 app'licable 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 ease~ent 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, 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 lieu 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 Affi~avit 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). Date Received: ~ ~ ~ ~ ~ Copies of Wetland Documents as required. JUN 1 0 2008 Copies of ODOT Access Permits as required, - OriG~!na: Submittal 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. Revised 1/1/08 Molly Markarian 5 of 6 o Post Monumentation Deposit as required for subdivisions ~'Jnly, City Survey Section has current fee schedule and templates. o location of Any Floodways in accordance with SDC 3,3-400. l2J Existing Easements Clearly Identified with Their Recorded Reference. l2J 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 pay;ing 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) signature(s) and Signed surveyor stamp. o Copy of the. Mylar on Bond Paper D Original and Copy of all Required Documents with signatures where appropriate. Date Received: JUN 1 0 2008 O. , 'd~ l""'~ "\t........~ll..' ngm...., ~JUi. .I"h~,I________ Revised 1/1/08 Molly Markarian 6 of 6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone C" of Springfield Official Receipt D".-elopment Services Department Public Works Department RECEIPT #: 3200800000000000395 Date: 06/10/2008 3:10:36PM Job/Journal Number SUB2008-00027 SUB2008-00027 Description CTY Subd >LDR Base +462 Lot + 5% Technology Fee Paid By HOERAUF LIVING TRUST Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 3,51200 175 60 $3,687,60 Payments: Type of Payment Check Amount Paid tJ 1956 In Person Payment Total: $3,687 60 $3,687,60 Date Received: JUN 1 0 2008 Original Submittal cRecemtl Page I of I 6/1 0/2008 i. " ~, IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL 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 Gordon P. Hoerauf. as himself and as trustee. and Duane E. Hoerauf as trustee hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows. 1. Apphcant(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, Apphcant(s) desires Development Approval from the City with respect to the following Developmen~ Application SUB2006-00057 (tentative) 3. The development will cause both an immediat~ 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 I 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) Apphcant 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 sole and exclusive direction of the City, 6. (a) STREET IMPRdvEMENTS along the frontage of 'F' Street to Include: D surface paving; D storm sewers; D sanitary sewers; 0 curbs; D gutters; D planter stripS; D street trees; r8J street hghts; D sidewalks. (b) TRAFFIC SIGNALS at the intersection of (~OTHERIMPROVEMENTS Date Received: JUN 1 0 2008 Original Submittal ,(Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z 12006106.0B1 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potential Assessment Lien . Individual docREVISED October, 2004 Page 1 of4 ApplIcant acknowledges that the lIst of marked improvements reflect those that would currently be required under the appropriate 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 herei~. Date Received: 7. LEGAL DESCRIPTION: JUN 1 0 2008 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFER~ftiinal Submittal AKA. Property Address , Tax Map & Lot No.: 17-03-36-22 TL 6000 & 6001 1290, 1306 and 1324 'F' Street 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. 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 I 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 \2006106-OB1 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potential Assessment lien - IndiVidual docREVISED October, 2004 Page 2 of 4 WHEREFORE, the parties have hereunto set their hand this /(;, ::YO~42~ '::~~ t;~!~ } ss STATE OF OREGON COUNTY OF Lane BE IT REMEMBERED that on this {&J day of KCA.'i ' 20QL before me, the undersigned, a notary public In and for said County and State, personally appeared the within named Gordon P. Hoerauf. as an individual and as a Co-Trustee 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. _ OFFICIAL SEAL " ANGELA ERWIN Ii! NOTARY PUBLIC" OREGON COMMISSION NO. 421788 MY COMMISSION EXPIRES SEPTEMBER 26. 2011 UpA fu-'~ -~ Notary Public for regon " 9-2.~. :;20 \ \ My Commission Expires BE IT REMEMBERED that on this 16 day of M--G..'1 ' 20QL before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Duane Earl Hoerauf as Co-Trustee 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, ~ ~~ OFFICIAL SEAL ~~~q ANGELA ERWIN . .(~J.:v NOTARY PUBLIC - OREGON COMMISSION NO. 421788 MY COMMISSION EXPIRES SEPTEMBER 26, 2011 ~ € p,: 2/ '-'-' ~ Notary P IIc for Oregon C) -;2 " ' .2 Q \ I My Commission Expires CITY OF SPRINGFIELD Date Received: By Dennis P Ernst - City Surveyor JUN 1 0 2008 } ss Original Submittal STATE OF OREGON COUNTY OF Lane BE IT REMEMBERED that on this day of , 200Lbefore 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 within instrument and acknowledged to me that he executed the same freely and voluntanly 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 \2006106-081 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potential Assessment Lien . Individual docREVISED October, 2004 Page 3 of 4 EXHIBIT "An LEGAL DESCRIPTION LOTS 1, 2 ,3 ,4, 5 AND 6 OF THE HOERAUF SUBDIVISION AS PLATTED AND RECORDED , 2008 IN LANE COUNTY OREGON PLAT RECORDS AND ASSIGNED RECEPTION NUMBER 2008- , IN THE LANE COUNTY OREGON OFFICIAL RECORDS. ,-J ..j Date Received: JUN 1 0 2008 Original Submittal Z 12006106-081 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potential Assessment Lien . Individual docREVISED October, 2004 Page 4 of 4 . ~ ~ .' Date Received: Recorded at the request of and after recording return to: JUN 1 0 2008 Branch Engineerlng, Inc, 310 Fifth Street Sprlngfield, OR 97477 Original SubmIttal DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS The true and actual consideration for this declaration is other than monetary, RECITALS: 1) A) GORDON P. HOERAUF, as an individual, and (B) GORDON PAUL HOERAUF and DUANE EARL HOERAUF, as co-trustees of the Hoerauf Living Trust, Dated September 28, 1990, and any amendments thereto, are the owners of the lands that are described in that Warranty Deed that was recorded February 10, 2004 at Recorder's Number 2004-009198, and that Warranty Deed that was recorded October 2, 1990 in Reel 1657R at Recorder's Number 9047357, respectively, in the Official Records of Lane County, State of Oregon, herein after referred to as DECLARANTS. 2) The owners are dividing said real property into six lots as shown on the Hoerauf Subdivision Plat as recorded in Lane County Oregon Plat Records, 3) The owners desire to create easements and define maintenance responsibility on certain areas and facilities for the benefit of future owners of the lots as described below, DECLARATION OF EASEMENTS: A) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 1 and 2 over that certain area designated as "21.00 PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT" on said plat as said easement lies in Lot 1 for private access and private utility purposes. B) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 3, 4 and 5 over that certain area designated as "21.00 PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT" on said plat as said easement lies in Lots 3, 4 and 5 for private access and private utility purposes. C) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 2 over that certain area designated as "10.00 PRIVATE SANITARY EASEMENT" on said plat as said easement lies in Lot 1 for private sanitary sewer purposes, D) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 3 over that certain area designated as "5.00 PRIVATE SANITARY EASEMENT" on said plat as said easement lies in Lot 1 for private sanitary sewer purposes, E) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 2 over that certain area designated as "3.00 PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lots 1 and 3 for private utility purposes. F) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 5 and 6 over that certain area designated as "5.00 PRIVATE UTILITY EASEMENT" ) on said plat as said easement lies in Lots 5 and 6 for private utility purposes. G) Easement Created: DECLARANTS(hereby create a perpetual easement for the benefit of Lots 5 and 6 over that certain area designated as "5.00 PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lot 4 for private utility purposes. H) Exclusion of PUEs: Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossmgs. I) Use of the Burdened Property: The owners or occupiers of the lots 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 access easement areas, including the agents, employees, tenants, and invitees of said owners. J) Maintenance and Repairs: The cost of any maintenance 'or repair of the driveway and improvements within the easement area shall be split equally between the owners of the benefitting lots, The ,cost of any maintenance or repair of private utilities lying within the DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS Page 1 of2 easement areas will be the responsibility of the owner of the respective facility, K) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of all lots on said plat, 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 lots. IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIV ATE UTILITY EASEMENTS on this I c.. day of k a '1 ' 2008, ~ STATE OF OREGON ) )ss ) rM..fJW Gordo p, Hoera, -Trustee (aka Gordon Paul Hoerauf) ~~~!~ OFFICIAL SEAL r( .~, :_';;.~~~ ANGELA ERWIN I ~.: \\7~lflj ~JOrARY PUBLIC. OREGON i' ~/ COMMISSION NO. 421788 (I, MY COMMISSION EXPIRES SEPTEMBER 26, 2011 ':8 r.:::<;. County of Lane On this (~ day of N u. '1 ' 2008, before me personally appeared Gordon p, Hoerauf and acknowledged the foregoing instrument to be his voluntary act and deed, both as an individual and as a Co-Trustee of the HoeraufLiving Trust, dated September 28, 1990, Date Received: Ur C-,-<<:" Notary Pu lie for Oregon JUN 1 0 2008 Onglnal SubmlttaL- IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS on this It;, day of ~u'1 ,2008, HOERAUF LIVING TRUST DATED SEPTEMBER 28, 1990 G 1(' " STATE OF OREGON ) )ss ) . OFFICIAL SEAL ANGELA ERWIN c~caARY PUBLIC - OREGON ' , H) MY COMM/SS'o~i~,'Z~ s~~it'~~E~l-8Q:. ~) 'VIU t1 2~, ?OII ..ljI _...~" County of Lane On this /0 day of /vl('t'i ' 2008, before me personally appeared Duane Earl Hoerauf and acknowledged the foregoing Instrument to be his voluntary act and deed as a Co-Trustee of the Hoerauf Living Trust, dated September 28, 1990. O??y'-La. 81' G-J ~ Notary Public for Oregon DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS Page 2 of2 , ..~.. IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL 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 Gordon P. Hoerauf. as himself and as trustee. and Duane E. Hoerauf as trustee 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 descnbed 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. Apphcant(s) desires Development Approval from the City with respect to the following Development Application SUB2006-00057 (tentative) " 3. The development will cause both an Immediate and long-term demand on the various L- 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 pyblic 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 I 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 Cjty acknowledge and agree that the cost of such improvements and the portion thereof to b~ 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 sole and exclusive direction of the Cllty. 6. (a) STREET IMPROVEMENTS along the frontage of 'F' Street to include. 0 surface paving; 0 storm sewers; 0 sanitary sewers; 0 curbs; o gutters; 0 planter strips; 0 street trees; [gj street lights; 0 sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS 'Date Received: JUN 1 0 2008 """' Original Submittal (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z \2006106.081 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potenlial Assessment lien - IndiVidual docREVISED October, 2004 Page 1 of 4 Applicant acknowledges that the list of marked improvements reflect those that would currently be required under the appropriate 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. Date Received: 7. LEGAL DESCRIPTION: JUN 1 0 2008 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENoeriginal Submittal I AKA: Tax Map & Lot No.: 17-03-36-22 TL 6000 & 6001 Property Address: 1290, 1306 and 1324 'F' Street 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 pear 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. - 11. It is the intention of the parties hereto that the covenants herein contained shall ruri- 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 d~scribed. 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 prop~rty, 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 consoult 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 \2006106-081 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement including Notice of Potential Assessment lien -IndiVidual docREVISED October, 2004 Page 2 of 4 WHEREFORE, the parties have hereunto set their hand this /(; ::YO~4/i#7 '::~~ ~~~ } ss <) STAT!= OF OREGON COUNTY OF Lane BE IT REMEMBERED that on this (C-J day of t-lCA.i ' 20~ before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Gordon P. Hoerauf. as an individual and as a Co-Trustee 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 voluntanly IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. OFFICIAL SEAL ANGELA ERWIN NOTARY PUBLIC. OREGON COMMISSION NO. 421788 MY COMMISSION EXPIRES SEPTEMBER 26. 2011 ~ /1~ ... o 'p!p/..._ F'r -'--' L ' Notary ublic for regon 9-.2(,,- ;~(') \ \ My Commission Expires BE IT REMEMBERED that on this I b day of M-G-'1 ' 20~ before me, the undersigned, a notary public In and for said County and State, personally appeared the within named Duane Earl Hoerauf as Co-Trustee 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 wntten, $,~ OFF'ClAL SEAL t\ ~~. ANGELA ERWIN ~ NOTARY PUBLIC. OREGON COMMISSION NO 421788 MY COMMISSION EXPIRES SEPTEMBER 26. 2011 ~eg Gl-V~ Notary P lic for Oregon , C) -;2 , . .2 Q \l My Commission Expires CITY OF SPRINGFIELD By Date Received: Dennis p, Ernst - City Surveyor JUN 1 0 2008 STATE OF OREGON COUNTY OF Lane } ss Original Submittal BE IT REMEMBERED that on this day of , 200Lbefore 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 w/thm instrument and acknowledged to me that he executed the same freely and voluntanly , 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 \2006106.081 HOERAUF _ F ST & 14THISURVEYlPLAT APPLlCATIONllmprovement Agreement Including Notice of Potential Assessment lien . Individual docREVISED October, 2004 Page 3 of 4 I \ " EXHIBIT "A" LEGAL DESCRIPTION " LOTS 1, 2 ,3 ,4, 5 AND 6 OF THE HOERAUF SUBDIVISION AS PLA TIED AND RECORDED ,2008 IN LANE COUNTY OREGON PLAT RECORDS AND ASSIGNED RECEPTION NUMBER 2008- , IN THE LANE COUNTY OREGON OFFICIAL RECORDS. "\ , , Date Received: 1-. \ JUN 1 0 2008 Original Submittal '\ / Z \2006106.0B1 HOERAUF _ F ST & 14THISURVEy\PLAT APPLlCATIONllmprovement Agreement including Notice of Potential Assessment Lien. Individual docREVISED October, 2004 Page 4 of 4 .. Recorded at the\request of and after recording return to: Date Received: Branch Englneering, Inc, 310 Fifth Street Springfield, OR 97477 JUN 1 0 2008 Onginal Submittal DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIV A TE,UTILITY EASEMENTS The true and actual consideration for this declaration is other than monetary, RECITALS: 1) A) GORDON p, HOERAUF, as an individual, and (B) GORDON PAUL HOERAUF and DUANE EARL HOERAUF, as co-trustees of the Hoerauf Living Trust, Dated September 28, 1990, and any amendments thereto, are the owners of the lands that are described in that Warranty Deed that was recorded February 10, 2004 at Recorder's Number 2004-009198, and that Warranty Deed that was recorded October 2, 1990 in Reel 1657R at Recorder's Number 9047357, respectively, in the Official Records of Lane County, State of Oregon, herein after referred to as DECLARANTS. 2) The owners are dividing said real property into six lots as shown on the Hoerauf Subdivision Plat as recorded in Lane County Oregon Plat Records. 3) The owners desire to create easements and define maintenance responsibility on certain areas and facilities for the benefit of future owners of the lots as described below, DECLARATION OF EASEMENTS: A) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit ,of Lots 1 and 2 over that certain area designated as "21.00 PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT" on said plat as said easement lies in Lot 1 for private access and private utility purposes, B) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 3, 4 and 5 over that certain area designated as "21.00 PRIVATE JOINT USE ACCESS AND UTILITY EASEMENT" on said plat as said easement lies in Lots 3, 4 and 5 for private access and private utility purposes, C) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 2 over that certain area designated as "10.00 PRIVATE SANITARY EASEMENT" on said plat as said easement lies in Lot 1 for private sanitary sewer purposes, D) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 3 over that certain area designated as "5.00 PRIVATE SANITARY EASEMENT" on said plat as said easement lies in Lot 1 for private sanitary sewer purposes. E) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lot 2 over that certain area designated as "3,00 PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lots 1 and 3 for private utility purposes. F) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 5 and 6 over that certain area designated as "5.00 PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lots 5 and 6 for private utility purposes. G) Easement Created: DECLARANTS hereby create a perpetual easement for the benefit of Lots 5 and 6 over that certain area designated as "5.00 PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lot 4 for private utility purposes, I H) 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, I) Use of the Burdened Property: The owners or occupiers of the lots 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 access easement areas, including the agents, employees, tenants, and invitees of said owners, J) Maintenance and Repairs: The cost of any maintenance or repair of the driveway and improvements within the easement area shall be split equally between the owners of the benefitting lots, The cost of any maintenance or repair of private utilities lying within the DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS Page 1 of2 . easement areas will be the responsibility of the owner of the respective facility. K) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of all lots on said plat, 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 lots, IN WIlNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIV A TE UTILITY EASEMENTS on this I c.. day of k tJ. '1 ' 2008, STATE OF OREGON ) )ss ) rlt4..f/W Gordo P. Hoera, - Trustee (aka Gordon Paul Hoerauf) ~";:?,<~ ~ 1; ,:-;'!';- OFFICIAL SEAL ( .~ :_,;;:~ ANGELA ERWIN I ~: '\\,;~lj NOTARY PUBLIC - OREGON (, \,,~ COMMISSION NO. 421788 (., MY COMMISSION EXPIRES SEPTEMBER 26, 2011 ~(""''''''''. County of Lane On this f to day of kU1 ,2008, before me personally appeared Gordon p, Hoerauf and acknowledged the foregoing instrument to be his voluntary act and deed, both as an individual and as a Co-Trustee of the HoeraufLiving Trust, dated September 28, 1990. a~ ~"'"':.. Notary Pu lie for Oregon IN WIlNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIV ATE UTILITY EASEMENTS on this Ib day of ;t.Lu.y , 2008, HOERAUF LIVING TRUST DATED SEPTEMBER 28, 1990 G 1(- STATE OF OREGON ) )ss ) OFFICIAL SEAL :? ANGELA ERWIN ( I cg?JAAY PUBLIC - OREGON, , 1:1 MY COMMISSIO~i~,'~~ S~g.'E.~~~?8<<' 1,; /limEn 26', 2011 ~~ ~ County of Lane On this /0 day of ~l '"( , 2008, before me personally appeared Duane Earl Hoerauf and acknowledged the foregoing mstrument to be his voluntary act and deed as a Co-Trustee of the Hoerauf Living Trust, dated September 28, 1990, a7';L~ ~d U-) ~ Notary Public for Oregon , . ,<,,",1 Date Receiver DECLARATION OF PRIVATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENTS JUN 1 0 20D8 Ongtncll SubmlttaL--- Page 2 of2 !lV, )LLl I. I .-' ) ver reen Land Title Company PRELIA1INARY TITLE REPORT r TO: BRANCH ENGINEERING. INe, FAX: 746~O389 , , ATTN: JIM BRANCH RE: HOERAUF 1306 & 1324 lip" ST SPRINGFIELD Order reports and listing kits online at (W'W"w.evergreenlandtitle.com) Date Received: ~ 16,2008 EL T -50568 JUN 1 0 2008 Original Submittal Main Office: 1651 Oentennial Blvd r Springfield, OR 97477 Phone # (541) 741-1981 Fax # (541) 741-0619 Branch Office: 875 Country Club Road J Eugene) OR 97401 Phone # (541) h~7 -Q7Q4. 1i'n'll' i:I:. /C;.4.l\ ~Q'U'MA \. ,- IVI/'\ 1. I" L V V 0 0 ; :; I /'\IVI eve 1\ I) I\C C I~ L M V I J I L C W I~U, ~n~ r, L 1651 CENTENNIAl. 8LVD, .. SPRINGFIELD, OR 97477 P.O. BOX 931 .. SPRINGfIElD, O~ 97477 PHONE: 541.741,1981 FAX: 541,741,0619 ~~~rgt~~ -- TITLE INSURANCE SERVICES · ESCROW CLOSINCS _.. 875 COUNTRY CLUO R[), .. EUCENE, OR 97401 P,O. BOX 10211 · ELJGENJ:, OR 97440 PHONE: 341,687.9794 FAx~ 541.687.0924 May 16. 2008 Our Order No.: ELT-50568 \ 2nd SUPPLEMENTAL TITLE REPORT \ Gordon Hoerauf 1324 "P" Street Springfield, OR 97477 Estimated Premium for: P ARTlAL BILLrno $200,00 TOTAL $200,00 Dear Gordon: We are prepared to issue on request ~d on recording of the appropria~e documents, a policy or policies as applied for. with coverages as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE ATIACHED EXHIBIT A Showing fee simple title as of May 12,2008, at 8:00 a.m., vested in: ARLIE A. HOERAUF, Trustee under the Hoerauf Living Trust (as to Parcell), and GORDON P. HOERAUF (as to Parcel 2) Subject only to the exceptions shown herein and to the tenns, conditions and exceptions contained in the policy form, No liability is assumed until a full premium has been paid, Date Received: JUN 1 0 2008 Original Submittal CONTINUED -- "IN OUR BUSINESS, you MATTEl{ MOST"- www.evergreel.JlandtltJe.com , < IYIr1 I. I /. L V V CJ O. ) I nlVI C VC l\ \] 1\ C C 11 L /'I IHi I 1 I L t \, V IW. ?I.LY ~,j . ELI ~ 50568 Page 2 c SCHEDULE B GENERAL EXCEPTIONS 1. Taxes pr 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 public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3, Easements, or claims of easement, 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 other facts which a correct survey would disclose, 5. Any lien, or right to a lien, for servJces, labor, material, equipment rental or workers compensation heretofore or hereafter f'Ulnished, imposed by law and not shown by the public records, CURRENT EXCEPTIONS 6. Easement for S~wer Line, granted to the City of Springfield, a municipal corporation, including the tenns and provisions thereof, by instnunent Recorded August 6, 1948, Reception No. 2-73044. Lane County Oregon Records, 7, Easement, granted to the City of Springfield, a municipal corporation, of Lane County, State of Oregon, including the terms and provisions thereof, by instrument Recorded August 6, 1948, Book 379, Page 86, Reception No. 73044, Lane County Oregon Records. 8. Right-of-Way Easement, granted to the City of Springfield, a municipal corporation, and unto its successors and assigns, including the terms and provisions thereof, by instrument Recorded August 11, 1950, Book 421. Page 22, Reception No, 25843, Lane County Oregon Records. ) 9. Right-of-Way Easement, granted to Pacific Power & Light Company, a corporation, its successors and assigns, including the terms and provisions thereof, by instrument Recorded April 8, 1957, Reception No. 9998, Lane County Oregon Records, Date Received: CONTINUED JUN 1 0 2008 \ Original Submittal I ' \, , j ~ IYI/'11. I" LVVO O;)II'\IVI CYC~~~CC~ LI'\~~ 1 j ILC ~v I~U, 'Ln r. 4 EL T - 50568 Page 3 10, Easement for Sanitary Sewer, granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded April 21, 19867 Reception No, 86-14244, Lane County Oregon Records, (Affects the North 14,0 feet) 11. Easement, granted to the City of Springfield, a municipal corporation, including the terms and provisions thereof, by instrument Recorded September 27, 2007, Reception No. 2007- 067206, Lane County Oregon Records. NOTE: Taxes, Map No, 17y03-36-22-06000, Code 19-00, Account No. 0328052, 2007-2008, $2,141.88, paid in full, (parcell) Taxes, Map No. 17-03-36-22-06001, Code 19-00, Account No. 1643863,2007-20087 $1,226.71, paid in full. (parceI2) NOTE: The address of the property to be inslU'ed herein is: 1306 "F" STREET, SPRINGFIELD, OREGON 97477, (parcell) 1324 lip" STREET, SPRINGFIELD, OREGON 97477, (parce12) ) NOTE: A JUDGEMENT/LIEN/BANKRUPTCY SEARCH was done for ~e name(s) ARLIE A. HOERAUF, GORDON F, HOERAUF, and as of May 12, 2008, none were found, NOTE: As of May 12, 2008, there are no liens for the City of Springfield, NOTE; SUPPLEMENTED TO UPDATE REPORT, ADD EASEMENT NO. 2007- 067206 AND CHANGE LEGAL DESCRIPTION. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: ~/UJaA Date Received: Jeffrey K. Walker Advisory Title Officer JUN 1 0 2008 J CC: Branch Engineering Attn: Jim Branch (Fax No. 746-0389) Attn: Dan Nelson (Fax No. 746-0389) Original Submittal NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. val For Final Plat Submission/TranSlnittal For Final Plat Submission/Transmittal Date Received: JUN 1 0 2008 Original Submittal Name of Plat: Hoerauf Subdivision (to planning) I have checked through submitted documents, and the followmg have been submitted: ~Ylar ofplatJ(and bond copy for Planmng) ~ )1) Original sIgned Improvement Agreement g/ Q) Ongmal sIgned pnvate joint use access and pnvate utility Easement lI]/"<;'tlITent Title Report o/A copy of each of the prevIOus for Plannzng These documents are the only ones the Survey DIVISIOn reqUires for the Fmal Plat submIssIOn and fihng. Smcerely, (!- I n o <(JL~~VJy/ City Instructions: ThIs fonn IS to accompany the plat and the supporting documents to the PublIc Works Department of the City of Spnngfield at the tnne of final plat submIttal The purpose IS pnmanly to notify the planning 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 pnmanly to notify that office of whIch Items need to be recorded SImultaneously wIth the plat, but It also serves to remind the developerlsurveyor that these documents need to be Included In the final submIttal package to the County Surveyor V \S UR VEy\Plat Drawmgs\Cogo'd Drawmgs & Letters\SubdlVlslOns _on plat BOB _ & review comments\Hoerauf\Surveymg ApprovalTOPLANNING doc Date Received: JUN 1 0 2008 WRITTEN STATEMENT FOR THE FINAL SUBDIVISION PLAT ApPLICA TtcNlginal submittal This application is a submittal of the final subdivision plat for the property located at 1290, 1306 & 1324 'F' Street The subdivision was granted conditional approval on November 9th, 2006 under Case Number SUB2006-000057. The following is a discussion of how the final plat conforms to the conditions of approval placed on the tentative subdivision application: 1) The applicant shall record an in-evocable joint use access easement for Lots 1,2,3,4 and 5 prior to Final Plat approval. A copy of the proposed easement document IS l11cludedfor review in this submittal 2) Execute and record an Improvement Agreement for street lighting on 'F' Street A copy of the requested document IS included for revzew in this submittal 3) The applIcam shall repair the damaged portion of the existing sidewalk prim to Final Plat approval. Field inspectlOn and dlscusslOn With contractor has presented repair concerns A discussion is requested at the pre-submzttal meetl11g to address these concerns 4) All electrical lines shall be placed underground for both new and eXIsting homes on-site The contractor has stated that all electrical lines have been placed underground and SUB has connected to the power grid 5) Maintain 20 feet clear widths on the panhandle driveway per 2004 Springfield Fire Code 503.2.1. This was addressed vl'lth the approved construction plans 6) Prior to sIgning ofthe Final Plat, the applicant shall install "No Parking-Fire Lane slgnage" posted on both sides of the proposed joint access driveways for Lots 1,2,3, and 4 per SFC 503.3 and SFC Appendix D103.6. The contractor will be l11sralling the signs before submzttal ofmylars to prevent vandalzsm 7) Fire apparatus access roads shall support an 80,000 lb. imposed load per 2004 Springfield Fire Code 503.2.3 and SFC Appendix D102 1 This was addressed wzth the approved construction plans 8) Prior to Final Plat approval, the applicant shall execute and record joint-use access easements as proposed to support shared driveway accesses.