HomeMy WebLinkAboutApplication APPLICANT 2/8/2008
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City of Spnngfield
Development Services Department
225 Fifth Street
Spnngfield, OR 97477
Date Received'
FEB 0 8 2008
Onginal Submittal
Land Division Plat Application, Type I
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Phone:
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IFax:
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I Phone: I
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I~hone: 746-4351
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TAX LOT NO(S): 5800
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Acres 0 Square Feet x
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Applicant Name: Ken Carver
Company: IBaker and Assoc. Surveyors'
Address: 11347 Market Street. Spnnqfield. OR 97477
Applicant's Rep.: I
Company: I
Address: I
Property Owner: I Penelope Cash
Company: I
Address: 1285 S. 71st St. Spnnqfield. OR 97477
ASSESSOR'S MAP NO: 17-02-35-34
Property Address: 285 S 71 st St .
Size of Property: 27.500 Sq ft
Proposed Name of Subdivision:
Description of
3 parcel partition with flag access
,Proposal:
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Existing Use: R&-s, OG~C (;:; Tentative Case #:
# of Lots/Parcels: 3 Avg. Lot/Parcel Size: fp()()() sf ,[Density:
Zoning: Overlay District:1
Applicable Refinement Plan: Plan Designatio~:
Location: City Limits 0 Urban Growth B~undary 0
Associated Applications: _ Su P..:l..o07- 00007 ~ I ~+
Pre-Submittal I
Case No.: rrc ~,::t - ~l.pate: 1/ ~/o -r R~viewed by:
Case No.: due> '20~- 6~'1 Date: ~ ()q R~viewed by:
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Application Fee: $ .~~l9- Technical Fee: $ Postaae Fee:
TOTAL FEE'S $ O~ ~ I
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Submittal: []/ Case Number: ~ 2<Jr 'I ~Date Submitted: I _ _ =r-- -
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I represent this application to be complete for submltt~1 to the City Consistent ";Ith'ine
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completeness check performed on this application at the Pre-Submittal M~etlng, I affirm the
information Identified by the City as necessary for processing the application IS provided herein or
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the Information Will not be provided If not otherwise contained within the submittal, and the City may
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begin processing the application with the Information as submitted This ~tatement serves as written
notice pursuant to the requirements of ORS 227 178 pertaining to a complete application
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Owner ~ 9/'NJ /9 ~ j (' ~ Date VJ [j1 - () 7
Signature , I
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Plat applications will be processed as follows: (See attached Plat Retiew Process Flow Chart)
1. The applicant submits a Pre-Submittal meeting application I
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2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting
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3. The applicant coordinates any additional review of the plat and other required documents with
representatives from the City's Planning, Public Works Engineering, land SurveYing Section
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4. The City Surveymg Section Will notify the applicant's Surveyor when the plat and other
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documents are suffiCiently refined to allow for the submittal of the plat mylars
5. The applicant submits I
a. The Mylars and all final documentation to the SurveYing Section located In the NW Quad
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Section of City Hall I
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b. If document set IS complete, applicant submits to Planning the Plat application, a copy
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of the mylar and final documents as well as financial seCUrities Including the application
fee
6. The City Surveyor and Development Services Director may sign the final plat If all other
conditions and requirements are fulfilled. I
7. The plat mylars may be delivered to Lane County for recording by the applicant's Surveyor or
whomever the Surveyor authorizes
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AFTER RECORDING:
8. The applicant shall deliver Five (5) recorded rolled plat paper copies, along With Three (3)
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copies of any other recorded required documents to the Development Services Department
prior to the issuance of any building permits. I
D~te Received'
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FEB 0 8 2008
Original Submittal
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F or Final Plat Submission/Transmittal
Date Received.
FEB 0 8 2008
Onglnal submittal
Name of Plat: Cash Partition
I have checked through submitted documents, aIld the followlIlg have been submItted
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l'iI:J.:!ylar of plat (and bond copy for Plannmg)
111/(2) QUIt Clmm Deed(s)
[J/(2) Ongmal SIgned Easement(s) (pnvate access and povate ""II!))
rn /Improvement Agreement
C9 /Current Title Report
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IJl 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
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City InstructIOns ThiS fonn IS to accompany the plat and the supportmg documents to the Public Works Department of the
Cit\' of Spnngficld at the time of final plat submIttal Tne purpose IS pnrnan]y to notify the plannmg office that the SurvC\ 109
DIVIsIon has rc(...clved all the documents 1t reqUires for final piat submiltal
County InstructIOns ThIS fonn 15 10 accompany the plat and the supportmg documents to the Lane Count) Survc\or s
Office at the time of final submittal for recordmg The purpose IS prImanl)' to notlf'y that office of \\hlch Item~ need to be
recorded Simultaneously with the plat but It also serve" to remind the developer/surveyor that the<;e documents need 10 be
mcluded In the final <;ubml1taJ paclage 10 the County Surveyor
V \FORMS ~ PUBLIC WORKS\Engmeenng Dlvlslon\SatlsfactiOn Surve\\SURVEY SCCTION\Surve)ll1g Approval Memo~~~temp doc
~II i OF SPRINGFIELD
VILIl~1I i MAP
~tJ n2008-00009
285 S 71st Street
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Map 17-02-35-34
Tu. Lot 5800
North
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Date ReceIved:
FEe 0 8 2008
IMPROVEMENT AGREEMENT Onglnal Sub
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN mlttal
(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 Penelope I Cash
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 Applicant(s) desires Development Approval from the City with respect to the following
Development Application SUB 2007-00007
3 The development will cause both an Immediate and long-term demand on the vanous
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 obJec~lve IS to promote
effiCiency, coordination, and spread costs by proViding an opportunity for a dlstnct
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 sole and exclUSive direction of the City
6 (a) STREET IMPROVEMENTS along the frontage of South 7151 Street
to Include k8J surface paving, k8J storm sewers, U sanitary sewers, I2sJ curbs,
k8J gutters, 0 planter stnps, k8J street trees, k8J street lights, k8J Sidewalks
(b) Be It known that thiS Improvement Agreement Includes the Improvements found
In the prevIous Improvement Agreement filed In Lane County with Reception #
7822755
(Bar Code Sticker)
AFTER RECORDING RETURN TO
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
C IDOCUME-1\DANBAK-1\LOCALS-1\Temp\lmprovementAgreement Including Notice of Potential Assessment Lien CASH-Only for Cash Partlllon1 docREVISED August 2007
Page 1 of1
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
bnng 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
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA
Property Address
Tax Map & Lot No 17-02-35-34-05800
285 South 7151 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
nght 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 nght to file a wntten 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
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 descnbed In Section 7 and their heirs, successors and assigns
These requirements Include but are not limited to the payment for the public
Improvements descnbed In Section 6 ThiS may result In an assessment lien on the
Real Property descnbed 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
C \DOCUME-1\DANBAK-1Il0CALS-1ITemp\lmprovement AgreemenllncludlnQ Notice of Potential Assessment Lien CASH-Only for Cash Partltlon1 docREVISED August 2007
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WHEREFORE, the parties have hereunto set their hand this g iM
day of rE~IlU"'A."" , 20~
SIGNATUREIS) \( P/V\O)Jhp(l ..!) ~
PRINT NAME(S) Penelop& I Cash
STATE OF OREGON }
COUNTY OF LANE 55
BE IT REMEMBERED that on this 8TH day of r.::f3~uA~"" ,2008 before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named Penelope I Cash
whose Identity was proved to me on the basIs of satisfactory eVidence and who
executed the within Instrument and acknowledged to me that she 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 wntten
I) OFFICIAL SEAl
DENNIS P ERNST
NOTARY PUBLIC - OREGON
COMMISSION NO 378021
MY COMMISSION EXPIRES APRil 20 2008
Notary Public for Oregon
ApA.11.. 20. 2..e>oJ-
My Commission Expires
CITY OF SPRINGFIELD
ReViewed and approved
By
(No notary required)
Development SelVlces Department, Planning DIvIsion
Accepted by
DenniS P Ernst - City SUlVeyor
STATE OF OREGON }
COUNTY OF Lane 55
BE IT REMEMBERED that on this day of , 200_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 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 wntten '
Notary Public for Oregon
My Commission Expires
C IDOCUME-1\DANBAK-1\LOCALS-1\Temp\lmprovement Agreement Including Notice of Potential Assessment Lien CASH-Only for Cash Partlllon1 docREVISED August 2007
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EXHIBIT A
Beginning at the Northwest corner of Land Partition No 90-P0044, as platted and
recorded In Lane County, Oregon Official Records, In the Southwest 1/4 of Section 35,
Township 17 South, Range 2 West, Willamette Mendlan, said Northwest corner being
marked by a 5/8 Inch rebar with red plastic cap marked "LS 1103" and being on the
easterly margin of South 71 st Street, thence along said easterly margin, North 0017'39"
East a distance of 115 46 feet, thence leaVing said easterly margin, South 89044'00"
East a distance of 238 19 feet, thence South 0015'18" West a distance of 115 46 feet,
thence North 89044'00" West a distance of 238 27 feet to the POINT of BEGINNING, all
In Spnngfleld, Lane County, Oregon
Descnptlon IS based on North line of County Survey File No 29570
WESTERN TITLE & ESCROW COMPANY OF LANE COUNTY
EUGENE OFFICE. 497 OAKWA Y ROAD SUITE 340. PO BOX 10960. Eugene Oregon 97440- (541) 485 3588 Datt!l>Reeelved:
FEB 0 8 2008
SECOND SUPPLEMENTAL SUBDIVISION G~EEltta'
BURL CASH
285 SOUTH 71ST STREET
SPRINGFIELD, OR 97478
Report No 50-0199906
YourNo -
SubdIvIder BURL CASH
SUBDIVISION GUARANTEE
$200 00
GOVERNMENT SERVICE FEE
$25 00
Western TItle & Escrow Company of Lane County
Guarantees
The Oregon Real Estate CorrumsslOner, and any County or CIty wIthm whIch saId SubdIVISIOn or proposed
subdIVIsIon IS located
That, accordmg to the publIc records wmch Impart constructIve notIce of matters affectmg title to the
prermses heremafter referred to, we find
Dated as of January 31, 2008 at 5 00 pm, tItle IS vested m
PENELOPE I CASH
We also find the followmg apparent encumbrances, wluch Ineludes "Blanket Encumbrances" as defined by
ORS 92 305 (l) and also easements, restrIctIve covenants and nghts of way Wltlun a penod often years
pnor to the effectIve date hereof
intentIonally deleted
2 The nghts of the pubhc m and to that portIon of the hereIn descnbed property lymg Wltlun the
hnnts of roads and lughways
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3 An easement created by mstrument, mcludmg the terms and proVIsiOns thereof,
Recorded September 21, 1909
Volume 83, Page 377, Deed Records
In favor of CIty of Eugene
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Order No 50-0199906
Page No 2
4 Covenants, easements and restrIctIons, but omIttmg restnctlOos, If any, based on race, color,
relIglOn, nal10nal ongm, or physIcal or mental handIcap, Imposed by mstrument, mcludmg the
terms and proVISIOns thereof,
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Recorded February 6, ] 948
Document No 59057, Deed Records
5 An easement created by Instrument, mcludmg the terms and proVlSlOns thereof,
Recorded May 26, ] 967
Document No 86200, OfficIal Records
In favor of CIty of Spnngfield
6 Improvement Agreement, Includmg the tenns and provIsIOns thereof,
Recorded Apnl6, ]978
Document No 22755, OfficIal Records
7 An easement created by mstrument, mcludmg the terms and proVISIOns thereof,
Recorded Apn] 6, ] 978
Document No 22773, OffiCIal Records
In favor of CIty ofSpnngfield
8 Terms, proVISIOns and condItIons of easement, mcludmg but not lurnted to mamtenance prOVIsIons
contamed In mstrument
Recorded Apnlll, ] 979
Document No 79-20657, OffiCIal Records
9 An easement created by Instrument, mcludmg the terms and proVISIOns thereof,
Recorded May 29, ]998
Document No 984]296, OffiCIal Records
In favor of CIty of Spnngfield, a murnclpal corporal1on, actmg by and through ItS
Spnngfield UtIlIty Board
] 0 (Lme of CredIt Instrument) Deed of Trust to secure an mdebtedness m the amount shown below,
and any other oblIgatIOns secured thereby
Amount $30,000 00
Dated May 25,200]
Recorded August 9, 2001
Document No 200]-05024], OffiCIal Records
Grantor Burl C Cash and Penelope] Cash
Trustee US Bank Trust Company, NatIOnal ASSOCIatIon
BenefiCIary US Bank NatIOnal Assoclanon ND
Loan No 66400] ]034230000]
The lIen of the above Deed of Trust was subordmated to the lIen of the Deed of Trust
Recorded Apnl 9, 2004
Documenl No 2004-025699, OffiCIal Records
By SubordInatIOn Agreement,
Recorded Apn19,2004
Document No 2004-025700, OffiCIal Records
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Order No 50-0199906
Page No 3
11 Deed of Trust to secure an mdebtedness In the amount shown below, and any other oblIgatIons
secured thereby
Amount $117,60000
Dated March 17,2004
Recorded ApnI 9, 2004
Document No 2004-025699, OfficIal Records
Grantor Burl C Cash and Penelope I Cash, as lenants by the entIrety
Trustee Fldehty NatlOnal TItle Insurance Company
Beneficiary CountrywIde Home Loans, Ine
Loan No 0005423605603004
12 Any claIms agamst the Estate of Burl C Cash, deceased, ill favor of the State of Oregon,
Department of Human Resources, Semor and DIsabled SefV1ces DIVIsIon
NOTE The guarantee does not provide affirmative assurances as to the proVIsIons ofORS 92 012-
92 190 wmch reqUIres that any dIVIsion of an eXlshng parcells a partItIOn requmng governmental
approval
NOTE Taxes paId ill full for the year 2007-2008
OnglOal Amount $1,886 34
Tax Lot No 1702353405800
Account No 0143626, Code 19-00
We have also searched our General Index for Judgments and State and Federal hens against the granlees
named above and find
NONE
The prermses are m Lane County, and are descnbed as follows
SEE A TT ACHED EXHIBIT" A" attached hereto and made a part hereof
ThIs IS not a report Issued prehmmary to the Issuance of a Title Insurance Pohcy Our search IS luruted to
the tune specIfied ill tlus Guarantee and the use hereof IS illtended as an mformallOnal report only, to be
used ill conJUDcbon Wlth the development of real property
L1ablhty hereunder IS hmlted to an aggregate sum of not to exceed $200 00
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Any questIOns concermng tills SubdiVISion Guarantee should be drrected to Jemlyn Egger, at
(541) 431-3710
cc BAKER & ASSOCIATES
1355 OAK STREET
EUGENE, OR 97401
Attn KEN
Ph (541) 343-7243
NOTE For copIes of exceptions please caU our Customer Semce Department at (541)284-8011 or
emad your request to eu!!ene(Q)westerntltle com
Order No 50-0199906
Page No 4
EXHIBIT "A"
Begmmng at a pomt 726 52 feet South 0 degrees 16' West from a pomt on the North Ime of the Thomas J
Maynard Donation Land Claim No 44, m Township 17 South, Range 2 West of the WIllamelle Mendlan,
North 89 degrees 49' West 376 74 feet from the Northeast comer thereof, and runnmg thence South 89
degrees 44' East 378 19 feet to the East Ime of saId DonatIOn Land Claim No 44, thence South 0 degrees
10' West along said East hne 115 51 feet, thence North 89 degrees 44' West 378 42 feet, thence North 0
degrees 16' East 115 51 feet to the Place ofBegmmng, m Lane County, Oregon.
EXCEPT THEREFROM Begmmng at a brass disc set m concrete markmg the Northeasl comer of the
Thomas J Maynard DonatIOn Land ClaIm No 44 m TownshIp 17 South, Range 2 West of the WIllamelle
MendJan, thence North 89 degrees 50 7' West 377 59 feet, thence South 0 degrees 143' West 724 29 feet
to a pomt marked by a 1/2 mch lfonpm set m the East hne of South 71st Street m the CIty ofSpnngfield,
Oregon, thence South 89 degrees 44 9' Easl along an eXlstmg property hne a distance of377 38 feet to the
True Pomt of Begmmng, wluch IS marked by a 1/2 mch Iron pm wluch IS South 0 degrees 15 3' West
72492 feet and North 89 degrees 44 9' West 20 00 feel from SaId Northeast comer of the Thomas J
Maynard DonatIon Land ClaIm No 44, thence from said True Pomt ofBegmmng South 0 degrees 153'
West 57 75 feet 10 a pomt marked by a 1/2 mch Iron pm, thence North 89 degrees 44 9' West 110 00 feet to
a pomt marked by a 1/2 mch Iron pm, thence North 0 degrees 15 3' East 57 75 feet to a pomt marked by a
]/2 mch Iron pm m saId eXlstmg property Ime, thence along said property Ime South 89 degrees 44 9' East
110 00 feel to said True Pomt ofBegmmng, wluch pomt IS on the West Ime of South 72nd Street m said
City of Spnngfield, m Lane County, Oregon
ALSO EXCEPT THEREFROM Begmnmg at a poml726 52 feet South 0 degrees 16' West from a pomt
ou the North hne of the Thomas J Maynard DonatIon Land Claim No 44, m Townslup 17 South, Range 2
West of the WIllamelle Mendlan, North 89 degrees 49' West 376 74 feet from the Northeast comer thereof
and runmng thence South 89 degrees 44' East 378 19 feel to the Easl hne of saId DonatIon Land ClaIm
No 44, thence South 0 degrees 10' West along SaId East hne 57 755 feet to the True Poml ofBegmmng of
thIs descnptIon, thence contmumg South 0 degrees 10' West along said East Ime 57 755 feet, thence North
89 degrees 44' west 1]0 feet, thence North 0 degrees ]0' East 57 755 feet, theuce South 89 degrees 44' East
I] 0 feet to the Pomt of Begmmug, m Lane County, Oregon
ALSO EXCEPT THEREFROM that portIOn conveyed to the City of Spnngfield by deed recorded
November 29, 1977, ReceptIon No 77-76043, and recorded Apnl6, 1978, Recorder's ReceptIOn
No 78-22773, Lane County Oregon OfficJaI Records
225 Fifth Street
Sprmgfield, Oregon 97477
541-726-3759 Phone
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(' of Sprmgfield OffiCIal ReceIpt
Development ServIces Department
Public Works Department
RECEIPT #. 3200800000000000094 Date 02/08/2008 93527AM
Job/Journal Number Description Amount Due
SUB2008-00009 CTY Part1lIon Plat 2,59900
SUB2008-00009 + 5% Technology Fee 12995
Item Total $2,728 95
Payments Check Number AuthorizatIOn
Type of Payment PaId By Received By Batch Number Number How ReceIVed Amount Paid
Check PENELOPE CASH tJ 1415 In Person $2,72895
Payment Total $2,728 95
Date Received
FEB 0 8 2008
Onglnal Submittal
cRccemtJ
Page 1 of I
2/8/2008