HomeMy WebLinkAboutApplication APPLICANT 7/29/2021F
City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
SPPINGFIE�
,Application.- ,
Partition Plat Pre -Submittal: ❑ Subdivision Plat Pre -Submittal: ❑
Partition Plat Submittal: ❑ Subdivision Plat Submittal:
Required Project Information (Applicant., complete this section)
Applicant Name: Bruce Wiechert Custom Homes, Inc. 7hone:541-686-9458
Company: Bruce Wiechert Custom Homes, Inc. Fax:
Address: 3073 Skyview Ln.
Applicant's Rep.: Anthony J. Favreau
Phone:541-683-7048
Company: The Favreau Group, LLC
Fax:
Address: 3750 Norwich Ave.
Property Owner: Same as applicant
Phone:
Company:
Fax:
Address:
ASSESSOR'S MAP NO: 17-03-27-31
TAX LOT NOS): 1900 & 1902
Property Address:
Size of Property: 1.6 Acres ® Square Feet ❑
Proposed Name of Subdivision: Johnathan Court
Description of 11 you are filling in this form by hand, please attach your proposal description to this application.
Proposal: 10 -Lot residential Subdivision
Existing Use: vacant
Tentative Case #:
# of Lots/Parcels: 10
g
Avg. Lot Parcel Size: 4,500 sf
Densit 6.3 du/acre
Si natures: Please si n and print your name and date in the ag ro riate box on the next ll
Required Project Information (City Intake Staff., complete this section)
Associated Applications:
Pre -Sub Case No.:
Date:
//��
Reviewed b C/
Case No.:
Date:\r
u`iD
4/
Reviewed b
Cgs
Application Fee:r-$�
Technical Fee: $f 3 /.�-5
Posta a Fee: $0
M'yj
TOTAL FEES: $ / I I
PROJECT NUMBER:
Revised 10.14.13 kl 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.
The undersigned acknowledges that the information in this application is correct and
acclrate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owl er, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Date:
Signature
I ref resent this application to be complete for submittal to the City. Consistent with the completeness check
pert -med 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 written notice pursuant to the requirements of ORS 22].1]8 pertaining to a
complete appf MEf. r� / �I
Date: / 411 �
Signature
agj) c �� V V 1 t rAyy.T
Print
Revised 10.14.13 kl 2 of 6
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Name of Plat: Johnathon Court
Titles of required documents:
❑ Original signed plat on acid free archivable bond paper (2 pages)
❑ Original B&S Deed for Tract A (2 pages)
❑ EWEB Water and Electric Easement (3 pages)
❑ Current Title Report
❑ Vesting Deed
❑ A copy of each of the previous for Planning
❑ Final Plat Application Form and Fee NOTE: The application is
only complete after you return:
❑ Post Monumentation . 5 rolled copies of
o P#310610 the recorded plat
o Bring the calculated Form • 3 copies of documents
Sincerely, recorded with plat
City Instructions: This form is to accompany the plat and the supporting documents to the Public Works Department of the
City of Springfield at the time of final plat submittal. The purpose is primarily to notify the planning office that the surveying
Division has received all the documents it requires for final plat submitral.
County Instructions: This fomt is to accompany the plat and the supporting documents to the Lane County Surveyor's Office
at the time of final submittal for recording. The purpose is primarily to notify that office of which items need to be recorded
simultarreously with the plat, but it also serve to remind the developicr'surveyor that these documents treed to be included in
the final submittal package to the County Surveyor.
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After Recording Return to:
Bruce Wiechert Custom Homes, Inc.
3073 SKYVIEW LANE
EUGENE, OREGON 97405
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
JOHNATHON COURT
(Lots 1 through 10)
THIS DECLARATION made on the date hereinafter set forth by Bruce Wiechert Custom
Homes, Inc., hereinafter referred to as `Declarant'.
Witnesseth
Declarant is the owner of the property known as JOHNATHON COURT
in Lane County, Oregon and more particularly described in Exhibit "A" attached hereto
and made a part hereof by this reference.
II.
Declarant deems it desirable in furtherance of the purposes set out herein to establish
these covenants and restrictions which shall apply to all real property contained in the
development.
JOHNATHON COURT is a subdivision proposed for that real property more particularly
described in Exhibit "A" attached hereto and by this reference made a part hereof.
NOW THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants and conditions, which are for the purpose of protecting the value and desirability of,
and which shalt run with, the real property and be binding on all parties having any right, title or
interest in the described properties or any part thereof. their heirs, successors and assigns, and
shall more to the benefit of each owner thereof.
ARTICLE 1
Definitions
Section 1 — "Owner": Shall mean and refer to the record owner, including contract
purchasers, whether one or more persons or entities, of the fee simple title to any lot which is
part of the properties, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 2 — `Properties": Shall mean and refer to that certain real property hereinbefore
described.
Section 3 — "Lot": Shall mean and refer to any plot of land shown on any recorded
subdivision map of the properties.
ARTICLE II
Use and Maintenance Restrictions
Sectionl-ResidentialUse: Except as set forth below all lots as shown an the plat
of JOIiNATHON COURT shall be used only for private residential purposes and no trade,
business or profession shall be conducted or practiced thereon.
Only one private, single family dwelling, not exceeding two stories in height, together
with the customary outbuildings (See Article N, Section 7 regarding storage sheds) including a
private garage for not less than two (2) cars or more than four (4) cars (which may be
incorporated into the main residence) shall be erected or maintained on any lot. No carports shall
be allowed.
All structures in said subdivision shall be constructed of entirely new materials, and shall
be constructed entirely on site. Exterior walls may be framed and sided off site.
Section 2 -Animals: no kennel, aviary containing more than five birds, dairy, stable, barn,
hutch or warren shall be erected or maintained on any residential lot, nor shall dogs, cats, birds,
horses, cows, poultry, rabbits or other domestic animals or fowl be kept thereon, except this
restriction shall not be construed to prohibit ordinary household pets which do not constitute any
annoyance or nuisance to the neighborhood.
Section 3 — Stormwater Maintenance: The City of Springfield provides operational
maintenance only for stormwater detention ponds that drain water from public rights-of-way or
other property. Maintenance performed in these areas is limited to functionality in order to
ensure a properly working stormwatcr system. The City does not provide aesthetic maintenance
for Stormwater treatment facilities. Any additional maintenance or enhancement desired by the
developer or residents of the subdivision can be provided by that party at no cost or obligation to
the City, and shall be coordinated through the City of Springfield's Development & Public
Works Department.
Section 4 -Nuisance: No noxious or offensive trade or activity shall be carried upon any
lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
Section 5 -Signs: Unless written approval is first obtained from the Developer, no sign of
any kind shall be displayed to the public from any residential lot, except 1) professional sign of
not more than 23"X36" advertising the lot for sale or signs used by the developer to advertise the
lot during construction or sale period. During construction of the residence, the general
contractor may display signage consistent with these covenants and Springfield City Sign Code.
Section 6 -Temporary Buildings: No trailer, basement, shack, tent, garage, barn or other
outbuilding erected in the subdivision shall at any time be used as a residence temporarily, or
permanently, nor shall any structure of a temporary character be used as a residence.
Section 7- Drainage: Each owner, their heirs, successors and assigns of a lot in said
subdivision agree that they will not in any way interfere with the established drainage over their
lot and that they will make adequate provisions for property drainage for the benefit of all
affected lots. For the purpose hereof, "established drainage is defined as the drainage which
occurred at the time the overall grading of said subdivision was completed by the undersigned
Declarant"
Section 8 -Refuse: NO LOTS SHALL BE USED OR MAINTAINED AS A DUMPING
GROUND FOR REFUSE. Trash, garbage and other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material as
prescribed by ordinance shall be kept in a clean and sanitary condition. During the period of
construction and development of the plat, this provision will not apply to the Declarant. Storage
of any kind of goods, chattels, merchandise, material, fuel, supplies, or machinery shall be within
walls of the building or enclosed by tight fences that completely screen it from sight.
Section 9 -Vehicle Parking: These covenants hereby include a restriction on overnight
parking on the dedicated streets within the subdivision. All unsightly or inoperable vehicles shall
be removed from the streets and open parking areas and parked in appropriate areas so as not to
hinder the overall beauty of the area. All boats, trailers, and R.V.'s shall be stored in an
appropriate area behind a screen or fence no closer to the street than the front of the garage.
Section 10 -Landscaping: Yards shall be landscaped not more than 45 days after final
inspection except when occupancy occurs after October 1, and before May 1. Yards of
residences ready for occupancy during inclement weather shall be landscaped not more than 45
days after May 1. Yards shall be maintained in a neat and clean condition and grass shall be
watered and cut regularly.
Section 11 -Heating and Air Conditioning Window mounted air conditioners shall not be
allowed.
Section 12 -Partition: No lot may be partitioned or subdivided after sale or conveyance by
the Declarant.
Section 13 -Utilities and Utility Easements: Easements and right -o£ -ways for installation
and maintenance of utilities, facilities, and signage, are shown on the recorded plat.
Section 14-Satclite Dishes and Antennas: It is the intention of the Declarant to provide
underground facilities for electric power, natural gas, telephone lines and television cable.
Subsequent to the time such facilities are completed no external television, satellite dishes, radio
or other antennae or clotheslines or other similar structures may be erected on any location.
Satellite dishes with a diameter of no more than 30 inches will be allowed.
Section 15 -Placement of Utilities: Declarant discloses to all lot owners that the placement
of all utility lines and equipment, including meters, hydrants, conduit and piping, is up to the sole
discretion of the utility installing such equipment, and that placement may not be centered within
easements, or on lot corners or boundaries. Lot owners are advised that they cannot rely on
placement of such equipment to delineate boundaries of lots or easements.
Section 16 -Use of Chemical Pesticides: The use of chemical pesticides hazardous to
humans or other animal life must be kept to a minimum consistent with good husbandry of
domesticated plants and animals, and then used only in accordance with instructions on the
labels and with current recommendations of state health and agriculture departments.
Pesticides are to be applied only by methods and at times that will prevent their affecting
vegetation or animal life outside the property owner's boundaries. Special precautions must be
taken when dealing with chemicals that caution of "Environmental Hazards" on the label.
The following substances shall not be used:
.Arsenic, mercury, lead, and their compounds.
.Chlorinated hydrocarbons such as DDT, dieldrin, endrin, aldrin, BI -IC or
lindane, chlordane, mirex, dicofol, dinocap, and taxophene.
,Organic phosphates such as parathion, TEPP, dimethoate, and demeton.
.Carbamates such as carbaryl (Sevin) and methyl carbamates.
.Herbicides containing amitrole, 2,4-D, 2,4,5-T, and PCP.
.Fungicides containing captan, PCP and PCNB, and organic mercury compounds
such as PMA
The following substances are generally low hazard to humans and most wildlife and may
be used without special permission. They should be applied carefully, however, and only to the
extent really needed.
I. Botanical sprays and dusts—Pyrethrum, available as D -Con House and Garden
Spray, Raid House and Garden Spray, Ortho Home and Garden Insect Spray; Ryania,
available as B.D. Tree Spray, Tri -Excel Ds.
2. Fungicides—Wettable sulfur.
3. Oil sprays—Dormant oil, available as Scalccide; Summer oil, available as Ortho
Volck, Sunoco Summer Oil.
4. Biological controls Milky spore disease, for grubs in soil, available as Doom;
Bacillus huringiensis, for caterpillars, available as Thuricide or Biotrol; Predatory
insects, such as ladybugs, praying mantids, Trichogramma wasps, and others.
5. Other acceptable materials for restricted use—Malathion, methoxychlor; Warfarin for
rats and mice.
ARTICLE III
Requirements and Criteria
Section 1 -Height: All buildings shall be one story, two story or split level. No basements
allowed.
Section 2 Square Footage: No dwelling shall be erected or maintained on any lot unless
it contains at least 1,200 square feet of living space exclusive of garage, open porches, patios, or
breezeways or any building structure or floor which is other than a part of the principal
residential structure. Notwithstanding anything to the contrary herein, the square foot
requirements may be waived or decreased with the written approval of the Declarant where the
size or location of the lot warrants consideration thereof by the Declarant.
Section 3 -Siding: All elevations of homes are to have double-wall construction with lap
siding on all walls facing a street, other than homes featuring craftsman styling which may utilize
board and batt and or shingles. All other walls may be single-wall construction with panels and
with or without 1 x 2 baits spaced every 16' on center.
Section 4 -Exterior Colors Windows: All exterior paint colors and stains must be
approved by the Declarant PRIOR TO INSTALLATION. All windows shall be vinyl or painted
wood.
Section 5- Fencing: All fencing (including gates) except as otherwise set forth herein,
shall be designed to be 6 feet tall with vertical 1 x 6 cedar boards and 4" x 4" treated posts,
maximum 8 -foot sections. Fences and gates shall be all wood and treated only with natural
preservatives (no paint). No fence or gate shall protrude past the front of the residence.
Section 6 -Maintenance During Construction: During construction, the lot owner shall be
responsible for keeping all streets and sidewalks in a neat and clean conditions, and shall not
allow any dangerous conditions left unattended on his or her property.
Section 7- Storage Sheds: All storage sheds shall not exceed 12' x 12' or 144 square feet.
Such storage sheds must meet all current City of Springfield building codes then in effect and be
approved by the City of Springfield. Roof pitch (6/12), siding, and color of storage shed must be
the same as the residential building. Maximum inside wall height shall not exceed 8' in height.
Section 8 -Waiver: The Declarant shall have the sole, exclusive, and absolute right in its
discretion to waive, in whole or in part, any provision, covenant, condition, restriction or
reservation herein.
ARTICLE IV
General Provisions
Section 1 -Enforcement: Any affected Owner of a lot in the subdivision shall have full
rights to enforce the covenants, conditions and restrictions contained herein. No failure to
prosecute any person for any violation or attempted violation shall be deemed a waiver of a right
to enforce any such violations by the same person or other persons. The prevailing party shall be
entitled to recover costs and a reasonable attorney's fees, both trial and appellate, in any such
proceeding.
Section 2 -Conflict: In the case of conflict between these restrictions and any zoning
ordinance of any governmental body, the more restrictive shall prevail.
Section 3 -Severability: Invalidation of any part of the restrictions shall in no way affect
the remaining restrictions.
Section 4 -Binding Effect: The provisions herein shall be binding upon and inure to the
benefit of the successors, heirs, and assigns of the owners and all lot purchasers, users and
owners.
Section 5 -Time: This Declaration shall run for the benefit of each of the lots affected and
shall control the use of the lots for a period of twenty (20) years form the date the declaration is
recorded, after which time they shall automatically be extended for successive periods of ten (10)
years.
Section 6 -Amendment: Except as specifically set forth herein, this Declaration may be
amended by an instrument signed by the owners of not less than 75% of the lots of the
subdivision. Upon execution, the instrument shall be recorded in the Official Records of Lane
County, Oregon.
IN WITNESS WHERE OF, Declarant has executed this instrument on the ` day of
MU N L 2021
BRUCE WIEC CUSTOM IIOMES, INC.
BY: BRUCE WIECHERT, PRESIDENT
State of Oregon )
)as
County of Lane )
This � day of 2021, Personally appeared the above named
BRUCE WIECHERT, PRESIDENT of Bruce Wiechert Custom Homes, Inc. and acknowledged
the foregoing instrument to be the voluntary act and deed of said corporation.
Before Me:
Notary Public for Oregon
My Commission Expires: la _ p7p _a1
OFFIG"STM6P
SARAH IAICHELLE PETERSON f..
NOTARY PUSU0-OREGON
COMMISSION N0.969584
MY CBMMSSIDN IXRpES LCEM—I 1 2071€
EXHIBIT A
Lots 1 through 10 of Johnathon Court, as platted and recorded as Document No.
2021- Lane County Deeds and Records,
Oregon.
FAVRF.AU GROUP
ATTN: TONY FAVREAU
EMAIL: favreaugroup@m.sn.com
3sa SUPPLEMENTAL
TINARY TITLE REPORT
July 16, 2021
Report No: 0322456
Your No: --
Owner: BRUCE WIECHERT CUSTOM HOMES INC
PRELIMINARY REPORT ONLY
We are prepared to issue 2DO6 (6/17/06) ALTA title insurance policy( -es) of OLD REPUBLIC
NATIONAL TITLE INSCRANCF. COMPANY, is tie usual form _assuring _he title to the land described
as follows:
Vestee:
( A 'I' T A C H E D)
BRUCE WIECHERT CUSTOM HOMES, INC.
an Oregon Corporation
Estate: FEE SIMPLE
DATED AS OF: JULY 07, 2021 at 8:00 A.M.
Schedule R of the policy(ies) to be issued all contain the following general and special
exceptions unless removed prior to issuance:
GENERAL EXCEPTTONS (Standard Coverage Policy 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;
p-oceedirgs ny a public agency which may resul- in taxes cr assessments, or notices
of such proceecings, whether or not shown by Lhe records o- such agency cr by the Public
Records.
2. Eacts, rights, interests or claims which are not shown by _te Public Records but which
could be ascertained by an inspection of the Land or by making inquiry of persons in
oossessior the reof.
3. Easements, or claims of easement, not shown by the Public Records; reservations or
exceptions in patents or in Acts authorizing Lhe issuance thereof; water ri ghts, claims
or title to water.
4. Any encroachment, encumbrar_ee, violation, variation, or adverse circumstance
affect'-nq the 'Pitle that would be, disclosed by an accurate and complete land survey
of the Land.
No liability is assumed hereunder until policy has been issued and full policy premium has been paid
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WILLAMETTE ST. 715 HWY 101 • FLORENCE, OREGON 99439 4750 VILLAGE FLALA LOOP SUITE 100
EUGENE, OREGON 97401 MAILING: PO BOX 508' FLORENCE, OREGON 99439 EUGENE, ORPSON 97401
PH: (541) 687-22;3 * FAX: (541)485-0307 PH; (541)997-8417`FAX: (541)997-8246 PH: (541) 653-8622` FAX: (541)844-1626
Order To. 0322956
Page 2
5. Any lien, or right to a lien, for services, labor, mate-ia-, equipmenL rental or workers
sompensatior herein`_ore or hereafter furnisacd, imposed by law and noL shown by Lhe
3ub1ic Records.
SPECIAL EXCEPTIONS:
6. Property taxes in an undetermined amount, which are a lien buL not yet payable,
inc'. uding any assessments collected with taxes to be-'evied for .he fiscal year
2021-2022.
7. Improvement Agreemen L, including the terms and p-ov'sions thereof, -.corded Suiy 6,
1978, Reception No. 1978-096739, Sane CounLy Off_cial Reco-ds.
8. Easement, including the terms and provisions ticrcof, granted The City cf Springfield,
a mur_cipal. corporation, by irstrument recorded October 1, 1981, Reception No.
1981-091878, mane County OYfic'at Records.
NOTE: Taxes, Account No. 0230720, Assessor's Map No. 17 03 27 3 1, #1900, Code 19-00,
2020-2021, in the amount of $2,211.63, PAID I�1 9ULL.
Taxes, Account No. 19C8797, Assessor's Map No. 17 03 27 3 1, #1902, Coda 19-00,
2020-2021, in she amouIn: ' o£ $385.38, PAID IN FO -L.
NOTE: A judgment search has been made on _he above named Vestee(a), and we find NCNE except
as set forth above.
This repo is preliminary to the issuance of a policy of title insurance and shall become
,,,It and void ur -sss a policy is issced and the full premium pa I.
Cascade Title Co.
kb: Title Officer: KURT BEATY
Order No. 0322456
Page 3
PROPERTY DESCRIP'I'lON
TAX LOT 1900:
Beginning at a point on the South margin of West Fairview Drive, said point being South
88' 45' 37" West 300.43 feet, from the Northeast corner of Lot 1, DOMOMARITA, as platted
and recorded in one County Oregon Plat Records, said corner of Lot 1 being marked by a
found 5/8" iron rod with yellow plastic cap marked "PLS 655"; thence South Os 00' 00" East
79.00 feet; thence South 883 45' 37" West 100.00 feet; thence South 0' 00' 00" West 341.00
feet; thence North 883 45' 37" Fast 60.19 feet; thence North 0' 43' 57" West 1.36 feet;
thence North 88s 55' 41" East 60.10 feet; thence South 03 4S' 19" East 1.19 feet; thence
North 883 45' 37" East 59.76 feet; thence North 03 00' 00" West 220.40 feet; thence South
883 45' 37" West 85.05 feet; thence North O' 00' 00" West 199.60 feet; thence South 883
45' 37" West 15.00 feet, more or less, to the point of beginning, in Springfield, Lane County,
Oregon.
TAX LOT 1902:
Begin1ng at a point on tte South marg^_n of West Fairview Drive, said poirt being South
765.00 feet and South 88' 46' 02" West 1600.00 feet from the Northeast corner of the R.E.
Campbelland wife Donation Land Claim No. 59, in Township 17 South, Range 3 West of the
Willamette Meridian; running thence South 90.00 feet; thence North 88' 46' 02" East 70.00
feet; thence South 109.60 feet; thence South 88' 46' 02" West 85.00 feet; thence North 199.60
feet to the point on the Socth margin of said West Fairview Drive; thence along said margin_
North 88' 46' 02" East 15.00 feet to the point of beginning, all in Springfield, in Lane
County, Oregon.
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