HomeMy WebLinkAboutApplication APPLICANT 5/27/2008 (2)
f
fr
.
I
,City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Date Received:
MAY 2 7 2008
Land Division Plat
Partition, SubdivIsion
Address:
,
IASSESSOR'S MAP NO: 17.02.32.43
I Property Address: 4661 Bluebelle Way
I Size of Property: 049
I Proposed Name of SubdivIsion:
,
I Description of If you are filling In this form by hand, please attach your proposal desCrIption to this application
Proposal: 3 lot single fanuly resIdential partItiOn
I Existing Use: Single Family ResIdentIal I Tentative Case #: SUB2007.00056
I I Avg. Lot/Parcel 5 I Density
# of Lots/Parcels: 3 .,.,~. 7240 <. 602 du/acre
Si natures: Please 51 nand rlnt our name and date In the a ro rlate box on the next
. ..
Applicant Name:
Icompany:
IAddress:
,
IAPPlicant's Rep.:
\company:
IAddress:
,
I Property Owner:
Company:
Original Submittal
Scott Leatham
912-1122
Summer Development
Fax:
683-8586
2264 Lakevlew DrIve, Eugene, Oregon 97408
Dan Nelson, LSI
Phone
746.0637
Branch Engmeerm.g, Inc
Fax:
746-0389
310 Fifth Street, SprIngfield, Oregon 97477
Scott Leatham
Phone
912.1122
Summer Development
Fax:
683.8586
2264 Lakevlew DrIve, Eugene, Oregon 97408
I ~.,.L,~T
5700
Acres ~
Square Feet D
. , ~ .
Associated Applications:
Ipre-sub Case No.: P~(:z.oOg- ()D02o
Icase No.: SU ~j-OO~ --roo U
IAPPlicatlon Fee: $ J 5q q <I>
ITOTAL FEES: $ J1 a. Is ,q?
,
Date: ~12.11 08
Date: 5 bl Jot Reviewed bY!!' ~.{IL;I
I Technical Fee: $ J;At! .Q5 I Postage Fee: $0
I PROJECT NUMBER: PRJotD01- 0()085
Reviewed by:
('
ReVised 1/1/08 Molly Markana~ r w J..Wl- motS
1 of 6
Owner Signatures
This application form IS used for both the required pre-submittal meeting and subsequent
complete application submittal Owner signatures are required at both stages In the application
process An application without the Owner's original signature will not be accepted.
Pre-Submittal
The undersigned acknowledges that the information In thiS application IS correct and accurate for scheduling of the
Pre. Submittal Meeting
Owner:
Date:
Signature
Scott C Leatham
Print
, Submittal
I represent thiS application to be complete for submittal to the City Consistent With the completeness check
performed on thiS application at the Pre-Submittal Meeting, I affirm the information Identified by the City as
necessary for processing the application IS prOVided herein or the information Will not be provided If not otherWise
contained Within the submittal, and the City may begin processing the application With the information as
submItted ThIS statement serves as wntten notice pursuant to the requirements of ORS 227 178 pertaining to a
complete application
Owner:
~~
Signature
Date:
,)""~J.3 -08
Print
Date Received: f
I
MAY 2 7 2008
Onglnal Submittal
ReVised 1/1/08 Molly Markanan
2 of 6
,val
o
-
-
For Final Plat Sublnission/Transmitt
For Final Plat Submission/Transmittal
(TO PLANNING)
Name of Plat: Summer Development (Scott
Leatham)
I have checked through submItted documents, and the folloWIng have been submItted
~lar of plat (and bond copy for PlannIng)
~ Improvement Agreement
ld'15eclaratlOn of Pnvate Easements
~oncurrence to PlattIng
8""Oj:claratlOn of RestnctJons
ITY'SUB ROW Underground Easement
rn---current Title Report
o A copy of each of the prevIOus for Planmng
Date ReceIved
MAY 2 7 Z008
Onglnal Submltt;>1
These documents are the only ones the Survey DIVlSlOn reqUIres for the FInal Plat
submlSSlOn and filIng
Sincerely, ~. ,')/-
City Instructions Thto; fonn IS to 3(,.(,.ompany the plat ami th(,. ~upportl11g dOl..uml,.nt~ to th,- Pubh<.. Worh Dl..pJrtment of the
City of Sprmgfield .It the tllTIl.. affinal rId! submlttdl The purpose 1~ pnm.lnly to notify Ih!... plannmg office thai the Surveymg
Dlvl~lon hal) received all the document<; It reqUlr~ for final plat submittal
County InstructIOns Thl~ tonn I~ to J(..(..ompJIlY the pial and th", ...upportmg dOl.Umwt'. to the Ldnc County Surveyor's
Office at the time of tinal submittal for recording The purpo~e I~ pnmanly to notify thai OffiCl of which IIl..m.. need to be
rewrded snnultancously with the plat, but tl abo ~erves to remmd the develoPlr/..urveyor Ihdt thc-.l document-. need to be
Il1duded In the findl ~ubmlttal package to the County Survt.yor
V \SURVEY\Plat Drawmg<;\Cogo'd DrawIngs & Lette,,\Partlllon!>_on plat BOB_& fl,VH..W commLllts\SummLr DLvelopmLnt\plat submittal
lransmlttallo plannmg doc
48 Fld,,",y Nation" T;,1e Cowpony of 0.......
PRELIMINARY REPORT
In response to the appllcatton for a policy of tttle msurance referenced herem, Fidelity
National Title Company of Oregon reports that It IS prepared to Issue, or cause to be
Issued, as of the specified date, a Policy or Policies of TItle Insurance descnbmg the land and
the estate or mterest descnbed, msunng agamst loss which may be sustamed by reason of
any defect, lien or encumbrance not shown or referred to as an ExceptIOn below or not
excluded from coverage pursuant to the pnnted Schedules, ConditIOns and SttpulatlOns of the
Policy forms
The prmted ExceptIOns and ExclusIOns from the coverage of said Policy or Policies are set
forth In Exhibit A attached Copies of the Policy forms should be read They are available
from the office which Issued thiS report
ThiS report (and any supplements or amendments) IS Issued solely for the purpose of
facllltatmg the Issuance of a policy of title msurance and no liability IS assumed
The Policy(s) of tttle msurance to be Issued hereunder will be pollcy(s) of Fidelity NatIOnal Title
Insurance Company, a Califorma corporatIOn
Please read the exceptIOns shown or referred to below and the exceptions and exclusIOns set
forth in Exhibit A of this report carefully The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title Insurance policy
and should be carefully considered
It IS important to note that thiS preliminary report IS not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affectmg title to the
land
ThiS report IS for the exclusIVe use of the parties to the contemplated transactIOn, and the
company does not have any liability to any third parties nor any liability until the full premium
IS paid and a policy IS Issued Until all necessary documents are placed of record, the
company reserves the nght to amend or supplement thiS prellmmary report
~/,~/J2t~L./cud
~ Counterslgned/
,
,
I
&
~
MAY 2 7 2008
Date Received'
Original Submittal
e Fide",y National Tm, Company of 0.....,. !
3007 North Delta Highway Eugene, OR 97408
(541) 345 3660 FAX (541) 345 3678
PRElIMINARY REPORT
ESCROW OFFICER Brenda Betz
TITLE OFFICER Casey Wheeler
ORDER NO 03.402095.46 - B
Amended
TO FIdelity NatIOnal TItle Company
ATTN Brenda Betz
3007 North Delta Highway SUite 206
Eugene, OR 97408
YOUR REFERENCE 402095
OWNER/SELLER Summer Development. Inc
BUYER/BORROWER
PROPERTY ADDRESS. 4661 Bluebelle Way, Springfield, OR 97478
EFFECTIVE DATE
May 21, 2008,0800 A M
1 The poliCY and endorsements to be Issued and the related charges are
Owner's Standard
Government Service Charge
AMOUNT
175,00000
PREMIUM
638 00
1500
2 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS
A Fee
3 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN
Summer Development, Inc
4 THE LAND REFERRED TO IN THIS REPORT IS SITUATEID, IN THE CITY OF
SPRINGFIELD, IN THE COUNTY OF lANE, STATE OF OREGON, AND IS DESCRIBED
AS FOLLOWS '
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
CW\CMW 04/24/2008
Date Received
MAY 2 7 2008
Onglne.' Submltti'.1
1
2
Order No 03-402095-46
EXHIBIT "ONE"
Lot 31, E M HINSHAW PLAT, as platted and recorded In Volume 12, Page 20, Lane County
Plat Records, In Lane County, Oregon
Date ReceIved:
MAY 2 7 2008
Onglnal SUbmittaL
,
,
i
iI
'-
2
Order No 03-402095.46
AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO
COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY
FORM WOULD BE AS FOLLOWS
GENERAL EXCEPTIONS
1
Taxes or assessments which are not shown as eXisting liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records,
proceedings by a public agency which may result In taxes or assessments, or notices of
such proceedings whether or not shown by the records of such agency or by the public
records
2
Any facts, rights, Interests or claims which are not shown by the pubhc records but which
could be ascertained by an inspection of said land or by making inqUIry of persons In
possession
3
Easements, or claims of easements or encumbrances, not shown by the pubhc records,
reservations or exceptions In patents or In acts authOriZing the Issuance thereof, water
rights, claims or title to water
4
Discrepancies, conflicts In boundary lines, shortage In area, encroachments or any other
facts which a correct survey would disclose
5
Any statutory hens for labor or material. Including liens for contributions due to the State
of Oregon for unemployment compensation and for worker's compensation, which have
now gained or may gain priority over the hen of the Insured deed of trust, which liens do
not now appear of record
SPECIFIC ITEMS AND EXCEPTIONS
6
City liens In favor of the City of Springfield, If any
7
Property taxes, and any assessments 'collected With taxes, for the fiscal year 2007.2008
Amount
Unpaid Balance
Account No
Map No
levy Code
$1,70370
$567 90 plus Interest, If any
0129963
17 02 32 43 05700
19.00
8
Easement(s) for the purpose(s) shown below and rights InCidental thereto as delineated or
as offered for dedicatIOn, on the plat of said property
Purpose
Affects
Public utilities
Southerly 6 0 feet
Date Received
MAY 2 7 2008
Orlgm~1 Submittal
3
9
NOTES
Note A
Note B
Note C
Note D
,
.,;::
Order No 03.402095-46
A deed of trust to secure an ,ndebtedness In the amount shown below, and any other
obligations secured thereby
Amount
Dated
Grantor
Trustee
Beneficiary
Recorded
$100,00000
August 15, 2007
Summer Development, Inc , an Oregon Corporation
First American Title Insurance Company
Chuck Wafford
August 21,2007, Recorder's No 2007-058660
END OF ITEMS AND EXCEPTIONS
YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT
CLOSING LEGAL CONSEQUENCES FOlLOW FROM THE SELECTION AND USE OF THESE
DOCUMENTS THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS YOU
MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS YOU SHOULD CONSULT
AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION
OR ABOUT THE DOCUMENTS IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS
THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT
Note Any documents being executed In conjunctIOn with thiS transaction must be signed
In the presence of an authorized employee of an agent, an authonzed employee of the
Insured lender, or by uSing Bancserv or other approved third-party service If the above
requirements cannot be met, please call the company at the number provided In thiS
report
There are no Judgments of record against Summer Development, Inc
I
I
,
There are no tax liens of record against Summer Development, Inc
ThiS report IS being updated for surveYing purposes
Date Received
MAY 2 7 2008
Onglnai Submittal
4
F,r1F!htv NatlOnal Financial Groun of Comnames Prlvacv Statement
July 1, 2001
We recogmze and respect the privacy expectations of today s consumers and the requirements of applicable federal and stat.e
pnvacy laws We believe that making you aware of how we use your non-publiC personal Information (CPersonallnformatlon ~
and to whom It IS disclosed will form the baSIS for a relationshIp of trust between US and the public that we serve This Privacy
Statement provides that explanation We reserve the right to change this Privacy Statement from time to time conSistent wl'th
applicable privacy laws
In the cour-5e of our bUSiness, we may collect Personal Information about you from the following sources
From applications or other forms we receive from you or your authOrized representative
From your transactions With, or from the services bemg performed by, us our affiliates, or others
From our Internet web Sites,
From the public records maintained by governmental entities that we either obtain directly from those entities or from
our affiliates or others and
From consumer or other reportmg agencies
Our Policies Regarding the Protection of the Confidentiality and Secunty of Your Personal Information
We maintain phYSIcal electrOniC and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion We limit access to the Personal Information only to those employees who need such access In connection With
providing products or services to you or for other legItimate bUSiness purposes
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information With our affiliates, such as Insurance compames, agents and other real estate
settlement service providers We also may disclose your Personal Information
to agents brokers or representatives to provide you With services you have requested
to thIrd-party contractors or service proViders who provide services or perform marketmg or other fUnctions on our
behalf, and
to others With whom we enter Into JOint marketing agreements for products or services that we believe you may
find of Interest
In additIOn we will disclose your Personal Information when you direct or give us permIsSion when we are reqUired by law to
do so or when we suspect fraudulent or crlmmal activIties We also may disclose your Personaltlnformatlon when otherwise
permitted by applicable privacy laws such as, for example, when disclosure IS needed to enforce our nghts arising out of any
agreement transaction or relationship With you '
One of the Important responSibilities of some of our affiliated compames IS to record documents In the public domain Such
documents may contain your Personal Information
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion
Certain states afford you the fight to access your Personal Information and under certain circumstances to find out to whom
your Personal Information has been dIsclosed Also certain states afford you the right to request correction, amendment or
deletion of your Personal Information We reserve the fight, where permitted by law to charge a reasonable fee to cover the
costs mcurred In responding to such requests
All requests must be made In wfltlng to the followmg address
Privacy Compliance Officer
Fidelity National FinanCial Inc
4050 Calle Real. SUite 220
Santa Barbara CA 93110
Multiple Products or Services
If we provide you With more than one finanCial product or service you may receive more than one pnvacy notice from us We
apologize for any Inconvenience thIS may cause you
D~tr; ~ ,;r~;\fed~
t!AY ~ 7 LUt:3
'" .......\ ~~lll..IITtjt'~;
'..),1'..1' ,...,....'-'1
AFTER RECORDING RETURN TO
FIDELITY. lNAL TITLE INSURANCE
CO .NY OF OREGON
aoo W1LLAMETTE ST , #500
EUGENE, OR 97401
RECORDING REQUESTED BY
Fidelity National Title Company of Oregon
GRANTOR'S NAME
Richard W Duprel Jr and Teresa L Dupret,
GRANTEE'S NAME
Summer Development, loe
;" Diva.ion of ChJ~ ~puly Clerk 1VI"7:Mo~:ft-'
LalUi Count.y De.i~~"<~d Recorda 'W ~
~1~l~lmlli~llWJU~~mlllll "'~' $31 00
08/21/2007 10 22 52 All
RPR-DEED Cnl:l Sln:9 CASHIER 04
$10 00 SII 00 S10 00
SEND TAX STATEMENTS TO
Summer Development, loe
2073 Musket
Eugene, OR 97408
Escrow No 402095-FTEUG03
SPACE ABOVE THIS UNE FOR RECORDER'S USE
WARRANTY DEED - STATUTORY FORM
(INDIVIDUAL or CORPORATION)
Richard W Dupret Jr and Teresa L Dupret. as tenants by the enllrety
Grantor, conveys and warrants to
Summer Development, loe
Grantee, the follOWing described real property free of encumbrances except as specifically set forth
herein
Lot 31, E M HINSHAW PLAT as plaUed and recorded In Volume 12 Page 20 Lane County Oregon Plat
Records. In Lane County Oregon
ENCUMBRANCES 2007.2008 property taxes, a lien not yet due and payable
RlQhts of the Public, Covenants, Conditions, Restnctlons and Easements of record, if any
Before signing or accepting thiS instrument, the person transferring fee title should inqUire about
the person's rights,lf any. under ORS 197 352 This instrument does not allow use of the property
described In this Instrument In violation of applicable land use laws and regulabons Before
Signing or accepting thiS Instrument, the person acquiring fee title to the property should check
with the appropriate city or county planning department to verify approved uses, to determine any
limits on lawsuits against fanning or forest practices as defined In ORS 30 930, and to inquire
about the rights of nelghbonng property owners,lf any, under ORS 197352
The true consideration forthlS conveyance Is $175 000 00
Dated August 20, 2007 If a corporate grantor II has caused Its name to be Signed by order of Its board
of dIrectors ~ w#~
~. ;~:91
TeresaL Dupret -" ~
Date Received
MAY 2 7 2008
Ong,na! Submittal
4-J.3.J'J5'-bt>
YL
...
Slate of OREGON
COUNTY of Lane
thiS instrument was acknowledged before me on 2- ;:>0 '01_. 20_
,
("' ",Colall. 'jl Jr and Teresa L Depret
~\ ~0 ~
. NOlary~regon
My commiSSion ~
".~ -
_ QFACl/oIl SEA\.
BnElZ
NOTARY PUBltC - cm:GOH
_ ~~~r~_~~~~~_
Date Received:
MAY 2 7 2008
Onglnal Submltt.,1
Recorded at the request of and
after recordmg return to
Branch Engmeenng, Inc
310 FIfth Street
Spnngfield OR 97477
DECLARATION OF RESTRICTIONS
BE IT KNOWN, that Summer Development, Inc does hereby declare a restnctlOn over the
followmg descnbed property
SITUATED m the Southwest 1/4 of the Southeast 1/4 of SectIOn 32 m Townslup 17 South,
Range 2 West of the WI1lamette Mendlan m Lane County, State of Oregon and descnbed as
follows
BEING all of Parcels 2 and 3 of Land PartItIOn Plat No as
platted and recorded m the Lane County PartItIOn Plat Records m Lane County, Oregon
SAID RESTRICTION, unless otherwIse authonzed by the CIty of Spnngfield, lImIts future
development on Parcel 3 to 3,600 square feet or less of fire-flow calculatIOn area as defined m
the Spnngfield FIre Code unless fire-flow reqUIrements are met for a larger dwellIng, reqUIres
future development on Parcels 2 and 3 shall abIde by the base solar development standards as per
Sprmgfield Development Code 3 2-225
IN WITNESS WHEREOF, Summer Development, Inc
RestnctlOns on thIS 1- 3 day of lMo......
I
has executed thIS DeclaratIOn of
,2008
Summer Development, Inc
h?:~
Scott C Leatham, PresIdent
Date Received:
MAY 2 7 2008
STATE OF OREGON
)
)ss
)
Onglnal Submittal
County of Lane
On rn~ t 3,2008 personally appeared the above named Scott C Leatham
who IS the PresIdent of Summer Development, Inc and who IS known to me to be the IdentIcal
mdlvldual who executed the foregomg mstrument and who does hereby acknowledge Said
mstrument to be hIS voluntary act and deed and that saId mstrument was SIgned on behalf of saId
company ~
~pL.f' rJ U
.- - - ~-------- .. .,.._--~,
i -eo 0 , , . ~OFFlCiAL SEAC ' I
I GAIL A WAISANEN I
I, ' NOTARY PUBLIC. OREGON i:
J COMMISSION NO 419581 ':
L:.:o ~:C~M~~~~E!:~::,~':":~'~~
Notary PublIc for Oregon \
My CommIssIon ExpIres ...v~
I
'Z.8 )!.Or(
Aftel recordmg 1 etul1l to
ReJl. Betz, Blanch Engme, .flg, Inc
310 Fifth Street
Spllngfield, OR 97477
CONCURRENCE
for
LANDS OF SUMMER DEVELOPMENT, INC
Wheleas Chuck Wafford IS the beneficiary of a Deed of Trust held agamst a portIOn of or all of
the lands descnbed 111 EJl.hIblt A attached heleto ar1d made a part heleof, which Deed of Trust
was recOlded 111 Lane County Oregon OffiCIal Records August 21,2007 as Document Number
2007-058660
Whereas Sunm1el Development, Inc deSires to record a PartitIOn Plat creatmg tIuee separate
legal parcels,
Know all men by tI1ese presents that Chuck 'Nafford hereby concurs wIth the plattmg and
rccvld,ng of smd Plat as scud plat pmt,tlO,lS sard laads
Dated thIS .5 J
day of
C?'~'5.~1 ?;tAoH ,2008
,
SIgnature
I~J iI)~1f:1N,Q
- .:,,'1/ ~
ACKNOWLEDGMENT
State'lfOlcgC'n )
Countv of Lane )"
On
iY\-ad,,- 3 /
,2008 personally appeared the above nan1ed ChuckWaf!ord
who IS known to me to be the Identical mdlvldual ",ho executed the foregomg mstlUment and
who does hereby acknowledge saId mstrument to be: Ins voluntary aCl ar1d deed
b~f(, ~~L
Notar)' Public fOI <1 /6 b () I (
. OFFICIAL SEAL
· BRYCE R JESSEN
NOTARY PUBU~REGON
QOMMISSION NO 420692
. MYCOMMI8SION EXPIRES SEPT. 10. 2011
Date Received'
MAY 2 7 2008
Onglnal Submittal
CONCURRENCE TO PLATTING
Page I 0[2
After recordlng retur~ to
ReA Betz, Branch Englneer~ng, Inc
310 Flfth Street
Sprlngfle1d, OR 97477
EXHIBIT "A"
LEGAL DESCRIPTION
SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN
THE SOUTHEAST 1/4 OF SECTION 32 IN TOWNSHIP 17 SOUTH, RANGE 2 \VEST OF
THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS
LOT 31, EM HINSHAW PLAT AS PLATTED AND RECORDED IN VOLUME 12, PAGE
20, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON
r
p,
I'
Date Received:
MAY 2 7 2008
Onglnal Submittal
CONCURRENCE TO PLATTING
Page 2 of2
PLEASE RETURN TO:
SPRINGFIELD UTILITY BOARD
1001 MAIN ST
SPRINGFIELD, OR 97477
Tim space reselved for
Lane County Deeds alld Records sticker
SPRINGFIELD UTILITY BOARD
RlGHT-OF- TY A Y
UNDERGROUND EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the underSigned, SUMMER DEVELOPMENT,
fOl a good and valuable consldel atlOn, of the payment of the sum of $000, the receipt
whereof IS hel eby acknowledged, does hereby grant unto the City of Spl Ingfield, a municIpal
COI poratlOn, actIng by and through itS SPRINGFIELD UTILITY BOARD, and unto ItS succeSSOl s
and assigns, the rIght to enter upon the lands of the underSIgned sItuated In the CIty of
Spl Ingfleld, State of Oregon, and more partIcularly descrIbed as follows
Lot 31, EM HINSHAW PLAT, as platted and recorded In Volume 12, Page 20, Lane County
Oregon Plat Records, In Lane County, Oregon
TI1IS propel ty is also known as Tax Map 17-02.32.43, Tax Lot 05700
Beginning at the Northeast property corner headIng South 145' along the East property lIne a
5' prIvate electrIC easement to place, construct, operate, repaIr, mamtam, I elocate, and
replace thereIn an underground electrIC dIstrIbutIOn lIne, Includmg vaults, tl ansformers
and othel necessary faCIlIties, to remove and replace fences and lawns to the eAtent
necessary to construct, maintaIn, and protect said 1ll1es No pal t of any buildIng 01
permanent structure will be placed upon thIS easement, other than asphalt pavements,
CUI bs, SIdewalks, and drIveway aprons ThiS easement does not restllct the InstallatIOn of
Qwest CommUnICations and Comcast faCIlities proVided installatIOns meet SprIngfield
UtIlIty Boal d's approval
Date Received: 1
MAY 2 7 2008
Onglnal SubmlW>1
SUMMER DEVELOPMENT
Page 1012
03/20/08
The undersigned covenants that they are the ownel s of the above-descllbed pi opel ty and
that such pJOpel ty IS free and deal of encumbl ances and liens of whatsoever character
except
9:;r; ~
)" ~:2.3 -cJ8
DATE
SCOTT C LEATHAM, PresIdent
SUMMER DEVELOPMENT
STATE OF OREGON)
) ss
County of Lane )
BE IT REMEMBERED, That on thIs n day of ---D"1c.iN1_, 2008, befol e me, the
undersIgned, a Notary Public rn and for saId County and State, pers\:mally appeared the wlthll1
named
SCOTT C. LEATHAM, PRESIDENT. SliMMER DEVELOPMENT
known to me to be the IdentIcal Il1dlVlduaIs descrIbed Il1 and who executed the wlthm
rnstrument and acknowledged to me that they executed the same freely and voluntal Ily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officIal seal the day
and year last above wlltten 1
GAil A WAISANEN I n -1 a
'NOTARYPUBLlC.OREGON My COmmISSion expnes '-J~ (..0. CCJI)
COMMISSION NO 419581 { /
__~~c~~~~o~~~~ ~~ ~20::. I
I
SprIngfIeld UtIlity ~s thIS conveyance of real property or easement
/----/ /iI.. / I,
Applovedby ~4~d~t--' .;~~ '
Tamara Johnson / '
Engrneel mg Manager
SprIngfield UtIlity Board
Date Received:
MAY 2 7 2008
Onglnal Submltt~1
SUMMER DEVELOPMENT
Page 2 of2
03/20/08
Recorded at the request of and
after recordlng return to
Branch Englneerlng, Ine
310 F1fth Street
Sprlngf1eld, OR 97477
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIV ATE STORM DRAINAGE AND PRIVATE SANITARY
SEWER EASEMENTS
The true and actual consideratIOn for thIs declaratIOn IS other than monetary
RECITALS:
I) SUMMER DEVELOPMENT, INC, Grantor, IS the owner of the lands that are deSCrIbed In
that Warranty Deed that was recorded August 21,2007 at Recorder's Number 2007-058659
In the OffiCIal Records of Lane County, State of Oregon
2) The owner IS dlVldIng saId real property Into three parcels as shown on Land PartitIon Plat
No 2008-P as partItIOned and recorded In Lane County Oregon PartitIon
Plat Records
3) The owner deSIres to create easements and define maIntenance responsIbIlIty on certaIn areas
and faCIlItIes for the benefit of future owners ofthe parcels as deSCrIbed below
DECLARATION OF EASEMENTS:
A) Easement Created SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certam area deSIgnated as "PRIV ATE
JOINT USE ACCESS AND UTILITY EASEMENT" on SaId partItIon plat as SaId easement
lIes m Parcels I and 2 for prIvate access purposes
B) Easement Created SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certaIn area'deslgnated as "PRIVATE
JOINT USE ACCESS AND UTILITY EASEMENT" on SaId partItIon plat as saId easement
'lIes m Parcels I and 2 for prIvate utIlIty purposes
C) Easement Created SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels I, 2 and 3 over that certam area deSIgnated as "PRIVATE
STORM DRAINAGE EASEMENT" on SaId partItIon plat as saId easement lIes m Parcel I
for prIvate storm draInage purposes
D) Easement Created SUMMER DEVELOPMENT, INC hereby creates a perpetual
easement for the benefit of Parcels 2 and 3 over that certam area deSIgnated as "PRIVATE
SANITARY SEWER EASEMENT" on SaId partItIOn plat as saId easement lIes m Parcels I,
2 and 3 for prIvate sanItary sewer purposes
E) ExclUSIOn ofPUEs NotWIthstandmg any other language herem, these easements do not
allow the placement of prIvate utIlItIes wlthm any PublIc UtIlIty Easement except for
crossmgs
F) Use ofthe Burdened Prooertv The owners or occupIers of the parcels affected by
these easements shall have the rIght to use theIr property, mcludmg 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 mstrument No vehIcle parkIng or storage of vehicles shall
be allowed by any party wlthm the easement area, Includmg the agents, employees, tenants,
and mVltees of SaId owners
G) MaIntenance and ReoaIrs The cost of any mamtenance or repaIr of the drIveway and
storm dramage Improvements WithIn the easement area shall be splIt equally between the
owners of Parcels 2 and 3 The cost of any maIntenance or repaIr of pnvate utIlItIes lymg
WIthin the easement areas WIll be the responSIbIlIty of the owner of the respectIve faCIlIty
H) Successors III Interest The proVISIOns of thIS mstrument touch and concern, and relate to the
use of Parcels I, 2 and 3 of SaId partItIOn, and are Intended to be covenants and restnctlOns
runnmg With the land All proVISIOns of tlus Instrument, including the benefits and burdens,
are bIndIng and Inure to the heIrs, successors, assigns, transferees, and personal
representatIves of all owners of any of the aforementIoned parcels Date Received:
MAY 2 7 2008
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIV ATE STORM DRAINAGE AND PRIVATE SANIT ARlfog:nal Sl!:Jmlttal
SEWER EASEMENTS
Page I of2
IN WITNESS WHEREOF, I have executed this DECLARATION OF PRIVATE JOINT USE
ACCESS, PRIVATE STORM DRAINAGE AND PRIVATE SANITARY SEWER EASEMENTS
on thiS 'Z,-~ day of VV\ ~ , 2008
\
Summer Development, Inc
~!~
Scott C Leatham, President
STATE OF OREGON )
)ss
County of Lane )
On VV\..a...... ~, 2008 personally appeared the above named Scott C Leatham
l r
who IS the President of Summer Development, lnc and who IS known to me to be the IdentIcal
Individual who executed the foregOIng Instrument and who does hereby acknowledge Said
Instrument to be Ius voluntary act and deed and that said Instrument was signed on behalf of said
company
. -- --- -.' '.' '-' '.' ',~ '-' '-' '- '--_.' &'
~. GA~E~Wkl~i~LEN f
I, , NOTARY PUBLIC OREGON i
I COMMISSION NO 419581 I
;...."" ~LC~M~~S~O~E~P!RE.~!UlgB ].o11_J,
~r/dL
\
Notary PublIc for Oregon
.~
Date Received:
MAY 2 7 2008
OnglOal Submittal
DECLARATION OF PRIVATE JOINT USE ACCESS,
PRIVATE STORM DRAINAGE AND PRIVATE SANITARY
SEWER 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 Summer Development Inc
hereinafter referred to as Applicant(s), do covenant and agree With respect to the real
property described below as follows
1 Applicant(s) warrants and represents to the City of Springfield that It IS the owner of
the property more particularly described and set forth In Paragraph 7 below and, as
owner, has the authOrity to enter Into thiS Improvement Agreement With the City of
Springfield
2 Applicant(s) deSires Development Approval from the City With respect to the following
Development Application SUB2007-00056 (tentative)
3 The development will cause both an Immediate and long-term demand on the various
public faCilities of City and Lane County Including the specific public Improvements
necessitated by the development as set forth In paragraph 6
4 ThiS Improvement Agreement IS an alternative to Imposing a condition on Applicant's
development approval that the Applicant make Immediate construction of any public
Improvement that the development necessitates The objective IS to promote
effiCiency, coordination, and spread costs by proViding an opportunity for a district
Wide Improvement mechanism where construction occurs In a coordinated project
With the partiCipation of adjacent and other properties In the area, Instead of reqUiring
Immediate Improvement In conjunction With each development application There IS
no guarantee, however, that such a coordinated project Will be pOSSible and the City
reserves the right to require construction of the Improvements In the future at City
discretion
5 (a) Applicant and City agree that Applicant Will pay the cost of the follOWing public
faCility Improvements deSCribed In Paragraph 6 In accordance With respective cost
assumption policy established by City at the time the City determines to undertake
and complete such publiC Improvements
(b) Applicant and City acknowledge and agree that the cost of such Improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned If the Improvements were
constructed immediately or by Applicant now or later
(c) Applicant acknowledges that the timing of the construction of such Improvements
is Within the sole and exclUSive direction of the City
6 (a) STREET IMPROVEMENTS along the frontage of Bluebelle Way
to Include [g] surface paving, D storm sewers, U sanitary sewers,
[g] gutters, D planter stripS, [g] street'trees, [g] street lights,
16I cu rbs,
[g] Sidewalks
(b) TRAFFIC SIGNALS at the Intersection of
(c) OTHER IMPROVEMENTS
Date Received:
MAY 2 7 2008
Original Submittal
(Bar Code Sticker)
AFTER RECORDING RETURN TO
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
Z \2007\07 179 Leatham on Bluebelle\SURVEY\APPlICATION\lmprovement Agreement new doc
REVISED August 2007
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 herein
7 LEGAL DESCRIPTION
Date Received: -,
)'1
.
AKA
Property Address
SEE EXHIBIT "A" MAY 27 2008
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Original Submltta'
Tax Map & Lot No 17-02-32-43 TL 5700
4661 Bluebelle Way
~
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
recorded In the Lane County Deed Records
NOTICE TO APPLlCANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospective purchaser of thiS property, you are adVised to
diSCUSS thiS Agreement With an Attorney of your chOice Execution and recordation of
thiS Agreement Will place requirements on the Owner and any subsequent purchaser of
the Real Property deSCribed In Section 7 and their heirs, successors and assigns
These reqUirements Include but are not limited to the payment for the public
Improvements deSCribed In Section 6 ThiS may result In an assessment lien on the
Real Property deSCribed In Section 7 and Significant costs to the Owner and
Purchasers, and their heirs, successors and assigns An Applicant's signature on thiS
Agreement indicates that the Applicant has thoroughly read thiS Agreement,
understands It, has had the opportunity to consult legal counsel prior to ItS execution,
and understands that execution of the Agreement may result In Significant financial
obligations Imposed upon the Owner of the Real Property Any prospectIve Purchaser
of the property burdened by thiS Improvement Agreement should also thoroughly review
thiS Agreement, consult With legal counsel prior to purchaSing the property, and
understand that thiS Agreement may result In a Significant finanCial obligation Imposed
upon any Owner of the Real Property deSCribed In Section 7
Z \2007\07-179 leatham on Bluebelle\SURVEY\APPLlCATIONllmprovement Agreement new doc
Page2of4
REVISED August 2007
, .
WHEREFORE, the parties have hereunto set their hand this
day of ~~ ,20~
I
I
'Z.3
I
I
SIGNA TlIREJS\
PRINT NAME(S)
~~
cott Leatham
President, Summer Development Inc
STATE OF OREGON
COUNTY OF Lane
} SS
I
BE IT REMEMBERED that on this 'l.. '3 day of '{\/\.. ~ I ,2008 before
me, the undersigned, a notary public In and for said County and State, personally
I
appeared the Within named Scott C Leatham, President of Summer Development Inc
whose Identity was proved to me on the basIs of satisfactorY eVidence and who
executed the Within Instrument and acknowledged to me that he I 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 ~ 01
- " {,1 i} . _
-----.---------. U/?--
~. OFFICIAL SEAL
GAIL A WAISANEN Notary Public for Oregon
NOTARY PUBLIC - OREGON I
COMMISSION NO 419581 J ~ I
__~!..G~~~S~r:E~~~~:V_2B3~1.:_" l ,t8j 'l.LJ It
My Comml slon Expires
I
1
CITY OF SPRINGFIELD
ReViewed and approved
By
(No nolary required)
Development Services Department, Planmng DIVISion
Accepted by
.
: i Date Received:
"
DenniS P Ernst - City Surveyor
MAY 2 7 2008
STATE OF OREGON
COUNTY OF Lane
} ss
Onglnal 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 iProved to me on the
baSIS of satisfactory eVidence and who executed the Within Instrument and
I
acknowledged to me that he executed the same freely and voluntarily
I
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal
the day and year last above written
I
Notary Public for Oregon
I
My CommiSSion Expires
I
I
Z \2007\07-179 Leatham on BluebellelSURVEYV>.PPLlCATtONllmprovemenl Agreement new doc
REVISED August 2007
Page3of4
I:
EXHIBIT "A"
,
1
. ,
LOT 31, EM HINSHAW PLAT AS PLATTED AND RECORDED IN VOLUME 12,
PAGE 20, LANE COUNTY OREGON PLAT RECORDS, IN LANE C0UNTY, OREGON
LEGAL DESCRIPTION
MAY 2 7 2008
.,
Al
"
q
'1
,
Date Received:
I
IOngmal Submittal
Z \2007\07 179 Leatham on Bluebelle\SURVEY\APPLlCATIQNllmprovemenl Agreement new doc
REVISED August 2007
Page4of4
225 Fifth Street
Sprmgfield, Oregon 97477
541-726-3759 Phone
:"~
~
Cltv of Sprmgfield OfficIal ReceIpt
[ lopmcnt Scrvlces Department
Pubhc Works Department
RECEIPT #. 2200800000000000749 Date 05/27/2008 II 40 06AM
Job/Journal Number DescriptIOn Amount Due
5UB2008-00023 CTY PartlllOn Plat 2,599 00
5UB2008.00023 + 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 SCOTT LEATHAM emm 1084 In Person $2,728 95
Payment Total ~., u.6 ::15
Ogt~ Re~eived:
MAY 2 7 2008
Original Submittal
cRecLmll
Page I of I
5/27/2008