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HomeMy WebLinkAboutApplication APPLICANT 2/8/2008 . 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 I Phone: I IFax: I I I I Phone: I I~ax: I I I~hone: 746-4351 I~ax: , I , I TAX LOT NO(S): 5800 ! 'I Acres 0 Square Feet x I 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: I I 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: t:)C7 . / I Application Fee: $ .~~l9- Technical Fee: $ Postaae Fee: TOTAL FEE'S $ O~ ~ I I fr:J~-~g.f ~ , 'f~ or {7\.r)0+ . -\?.....y<.- ~I $ I J L~ , <-<-V I Submittal: []/ Case Number: ~ 2<Jr 'I ~Date Submitted: I _ _ =r-- - .5u6?&:> 6 -~ I .tz / CR / O~ I represent this application to be complete for submltt~1 to the City Consistent ";Ith'ine I 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 I the Information Will not be provided If not otherwise contained within the submittal, and the City may I 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 I Owner ~ 9/'NJ /9 ~ j (' ~ Date VJ [j1 - () 7 Signature , I !fN~dflf Plat applications will be processed as follows: (See attached Plat Retiew Process Flow Chart) 1. The applicant submits a Pre-Submittal meeting application I I 2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting I 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 1 4. The City Surveymg Section Will notify the applicant's Surveyor when the plat and other I 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 I Section of City Hall I I b. If document set IS complete, applicant submits to Planning the Plat application, a copy I 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 t ,r A_cJf -, AFTER RECORDING: 8. The applicant shall deliver Five (5) recorded rolled plat paper copies, along With Three (3) I copies of any other recorded required documents to the Development Services Department prior to the issuance of any building permits. I D~te Received' I FEB 0 8 2008 Original Submittal I v " " ~ kW " - -..' , "'..- . ~-o ! >- -: , ,r'~ I , - - - I " 4. , ~ _ 0 : r'l, . , ~ 1.4 -, 11/~, (I'''..<'^< "'I, I -, " I , I , , I ,<. , ~! , , , : II . " . cti.l. ""/~.J..._'4_~ ~ (,,~ I J, 1:. I \_.1 J . 1. rl . C -- . 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 ,/ 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 / 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 ~ 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 ~ :l!. H 'li: '''';' ::; :-1. In ~ I!. " I :~ ? ~.I..I.~ Map 17-02-35-34 Tu. Lot 5800 North .. . 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 Page2of2 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 Page3of3 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 I 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 . 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, " 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 , 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 I 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 r~~.;-~ 1Iir.. - (' 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