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HomeMy WebLinkAbout2014 07 22 AIS PC Memorandum CoverCOMMUNICATION MEMORANDUM Meeting Date: 7/22/2014 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: 15 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: APPEAL OF A DIRECTOR’S DECISION FOR LAURELWOOD SUBDIVISION FOLLOW-UP TO THE JULY 15TH PUBLIC HEARING ACTION REQUESTED: The attached materials from the public and the applicant have been submitted into the record for Commission review. The City Attorney has included a memorandum ISSUE STATEMENT: The July 15th public hearing was closed. The record was held open until July 22nd at 5:00 pm to allow for additional written comments. The attached documents were received from the public, the applicant, staff and the City Attorney at or before 3:00 pm on Monday, July 21, 2014. Documents that are received after this writing shall be provided to the Commission at the meeting on July 22nd. ATTACHMENTS: 1. Lis Pendens submitted by Barbara Parmenter 2. Request from Barbara Parmenter to keep the record open 7 additional days 2. Updated Title Report submitted by Jessie Lovrien, Hayden Homes Attachment 1, Page 1 of 14 Attachment 1, Page 2 of 14 Attachment 1, Page 3 of 14 Attachment 1, Page 4 of 14 Attachment 1, Page 5 of 14 Attachment 1, Page 6 of 14 Attachment 1, Page 7 of 14 Attachment 1, Page 8 of 14 Attachment 1, Page 9 of 14 Attachment 1, Page 10 of 14 Attachment 1, Page 11 of 14 Attachment 1, Page 12 of 14 Attachment 1, Page 13 of 14 Attachment 1, Page 14 of 14 Attachment 2, Page 1 of 3 Attachment 2, Page 2 of 3 Attachment 2, Page 3 of 3 STATUS OF RECORD TITLE REPORT HAYDEN HOMES Our No: CT-0277836 ATTN: JESSE LOVRIEN Date: FEBRUARY 04, 2014 2464 SW GLACIER PLACE, SUITE 110 REDMOND, OR 97756 EMAIL: JLOVRIEN@HAYDEN-HOMES.COM As requested, Cascade Title Co. has searched our tract indices as to the following described real property: ( A T T A C H E D ) and as of: JANUARY 31, 2014 at 8:00 A.M., we find the following: Vestee: HAYDEN HOMES, LLC, an Oregon Limited Liability Company Said property is subject to the following on record matters: 1.As disclosed by the tax rolls, the premises herein described have been zoned or classified as forest lands. At any time that said land is disqualified for such use, the property will be subject to additional taxes or penalties and interest pursuant to the provisions of ORS Chapter 32l. (Parcel 3) 2.Rights of the public in and to that portion lying within streets, roads and highways. 3.Easements for utilities over and across the premises formerly included within the boundaries of Mt. Vernon Cemetery Road, now vacated, if any such exist. (Parcel 4) 4.Transmission line easement and danger tree offer, including the terms and provisions thereof, granted the United States of America by instrument recorded March 9, 1949, in Book 391, Page 573, Lane County Oregon Deed Records. 5.Public utility easement, including the terms and provisions thereof, granted the City of Eugene, by instrument recorded October 28, 1971, Reception No. 70389, Lane County Official Records. 6.Improvement Agreement and Application for Sewer Hookup, including the terms and provisions thereof, between Barbara Parmenter and the City of Springfield, recorded November 2, 1993, Reception No. 9370802, Lane County Official Records. MAIN OFFICE 811 WILLAMETTE ST. *EUGENE, OREGON 97401 PH: (541) 687-2233 * FAX:(541)485-0307 E-MAIL: INFO@CASCADETITLE.COM FLORENCE OFFICE 1901 HWY 101 -S. 2 *FLORENCE, OREGON 97439 PH: (541) 997-8417 * FAX: (541)997-8246 E-MAIL: FLORENCE@CASCADETITLE.COM *0277836* Attachment 3, Page 1 of 32 7.Grant of Easement, including the terms and provisions thereof, granted Barbara K. Parmenter, by instrument recorded February 2, 1995, Reception No. 9507275, Lane County Official Records. 8.Grant of Easement, including the terms and provisions thereof, granted Barbara K. Parmenter, as Trustee of the Barbara K. Parmenter Living Trust dated August 14, 1993, by instrument recorded February 7, 1995, Reception No. 9508222, Lane County Official Records. NOTE: The property address as shown on the Assessor's Roll is: 5349 Ivy Street Springfield, OR 97478 (Parcel 1) NOTE: Taxes, Account No. 1292430, Assessor's Map No. 18 02 04, #310, Code 19-00, 2013-2014, in the amount of $145.48, PAID IN FULL. (Parcel 1) Taxes, Account No. 1296944, Assessor's Map No. 18 02 04, #311, Code 19-00, 2013-2014, in the amount of $70.24, PAID IN FULL. (Parcel 2) Taxes, Account No. 0560829, Assessor's Map No. 18 02 04, #313, Code 19-37, 2013-2014, in the amount of $18.82, PAID IN FULL. (Parcel 3) Taxes, Account No. 1584158, Assessor's Map No. 18 02 04, #313, Code 19-00, 2013-2014, in the amount of $102.70, PAID IN FULL. (Parcel 3) This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: cs/Title Officer: DEBBIE FORSTROM Attachment 3, Page 2 of 32 PROPERTY DESCRIPTION PARCEL 1: Beginning at a point being North 0° 01’ 45” West 2028.60 feet and South 89° 25’ 40” West 668.88 feet from the East Southeast corner of the R.G. Hixon Donation Land Claim No. 47, in Township 18 South, Range 2 West of the Willamette Meridian, said point also being on the East right of way line of a Bonneville Power Administration line easement; thence along said East right of way line South 3° 25’ West 442.26 feet; thence leaving said East right of way line and crossing said easement South 89° 25’ 40” West 225.54 feet to the West right of way line of said easement; thence along said West right of way North 3° 25’ East 442.26 feet to the South margin of the Weyerhaeuser Booth-Kelly Road; thence along said South margin North 89° 25’ 40” East 225.54 feet to the point of beginning, in Lane County, Oregon. EXCEPTING that portion lying Easterly of the West line of Royal Ridge as platted and recorded in File 73, Slide 225, Lane County Oregon Plat Records, in Lane County, Oregon. PARCEL 2: Beginning at a point begin North 1580.45 feet and West 696.22 feet from the East Southeast corner of the R.G. Hixon Donation Land Claim No. 47, in Township 18 South, Range 2 West of the Willamette Meridian, point also being on the East right of way of a Bonneville Power Administration line easement; thence along said East right of way line South 3° 25’ 00” West 504.34 feet; thence leaving said East right of way line West 20.04 feet; thence North 3° 25’ 00” East 291.64 feet; thence South 89° 25’ 40” West 205.48 feet to the West right of way of said Easement; thence along said West right of way line North 3° 25’ 00” East 212.50 feet; thence leaving said West right of way line and crossing said right of way North 89° 25’ 40” East 225.54 feet to the point of beginning, in Lane County, Oregon. EXCEPTING that portion lying Easterly of the West line of Royal Ridge as platted and recorded in File 73, Slide 225, Lane County Oregon Plat Records, in Lane County, Oregon. Continue- Attachment 3, Page 3 of 32 Property Description Continued- PARCEL 3: Beginning at a point being North 89° 48’ 30” West 482.78 feet from the East Southeast corner of the R.G. Hixon Donation Land Claim No. 47, in Township 18 South, Range 2 West of the Willamette Meridian; thence North 89° 48’ 30” West 532.93 feet to the true point of beginning; thence North 3° 25’ East 390.00 feet; thence South 89° 48’ 30” East 205.25 feet; thence North 3° 25’ East 686.2 feet to the Southwest corner of Royal Ridge, as platted and recorded in File 73, Slide 225, Lane County Oregon Plat Records; thence North 03° 25’ East along the West line of said Royal Ridge to the South line of Parcel II as conveyed to James D. Parmenter and Barbara K. Parmenter by Warranty Deed recorded June 18, 1979, Reception No. 79-35384, Lane County Official Records; thence along the South line of said Parmenter tract South 89° 25’ 40” West, a distance of 205.48 feet, more or less, to the Southwest corner thereof; thence North 03° 25’ East 654.76 feet to the South margin of Weyerhaeuser Booth-Kelly Road; thence West along the South line of the Weyerhaeuser Booth-Kelly Road 594.58 feet, more or less, to the West line of said Hixon Donation Land Claim; thence South along the West line of said Hixon Donation Land Claim to a point that is 1523.05 feet North and 1489.0 feet West of the Most Easterly Southeast corner of said Hixon Donation Land Claim; thence East 266.61 feet; thence South 269.67 feet; thence South 60.0 feet to the Southeast corner of that 60.0 foot roadway as described in that Street Deed to the City of Springfield, recorded January 5, 1979, Reception No. 79-00757; thence West 244.61 feet to a point that is 22.0 feet East (at right angles to) of the West line of said Hixon Donation Land Claim; thence South parallel with the West line of said Hixon Donation Land Claim, to the Northwest corner of that certain tract of land conveyed to David N. Birdseye, et ux, by deed recorded February 17, 1950, in Book 409, Page 540, Lane County Oregon Deed Records; thence North 89° 40’ East 100 feet to the Northeast corner of said Birdseye tract; thence South along the East line of said Birdseye tract 240.0 feet to the Southeast corner of said Birdseye tract; thence North 89° 40’ East 177.30 feet to the angle corner on the East line of said Hixon Donation Land Claim; thence South 89° 48’ 30” West along the South line of said Hixon Donation Land Claim to the true point of beginning, in Lane County, Oregon. TOGETHER WITH that portion of vacated Mt. Vernon Cemetery Road, if any, inuring to said tract of land by operation of law, under Order No. 81-9-30-9, recorded February 17, 1987, Reception No. 8707542, Lane County Official Records, in Lane County, Oregon. EXCEPTING THEREFROM that portion within the following described tract: A parcel of land lying in the Northeast 1/4 of Section 4, Township 18 South, Range 2 West of the Willamette Meridian, and being further described as follows: Commencing at the intersection of South 55th Place with the centerline of Ivy Street; and run thence North 88° 00’ West along the centerline of said Ivy Street and its Westerly extension, 460.33 feet; thence North 40° 34’ 00” West, 38.03 feet to the point of beginning of the parcel herein described; from the point of beginning run thence South 40° 34’ 00” East, 85.00 feet; thence South 49° 26’ 00” West, 120.00 feet; thence North 40° 34’ 00” West, 85.00 feet; thence North 49° 26’ 00” East, 120.00 feet to the point of beginning, in Springfield, Lane County, Oregon. ALSO EXCEPT that portion granted to Lane County by judgment entered December 11, 1998, in Lane County Circuit Court Case No. 16-97-03333, in Lane County, Oregon. Attachment 3, Page 4 of 32 MAP NO. 18-02-04-00 THIS MAP IS TO ASSIST LOCATING PROPERTY. CASCADE TITLE CO. ASSUMES NO LIABILITY FOR INACCURACIES. Attachment 3, Page 5 of 32 MAP NO. 18-02-04-00 THIS MAP IS TO ASSIST LOCATING PROPERTY. CASCADE TITLE CO. ASSUMES NO LIABILITY FOR INACCURACIES. Attachment 3, Page 6 of 32 MAP NO. 18-02-04-00 THIS MAP IS TO ASSIST LOCATING PROPERTY. CASCADE TITLE CO. ASSUMES NO LIABILITY FOR INACCURACIES. 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