Loading...
HomeMy WebLinkAboutApplication Applicant 7/11/2024MEMORANDUM Date: May 28, 2024 To: City of Springfield Development & Public Works 225 Fifth Street Springfield, Oregon 97477 From: Tanya Sorensen Metro Planning, Inc 846 A Street Springfield, Oregon 97477 RE: Land Division Plat-Partition Plat PRE-Submittal Aster-Kjessler, LLC (811-23-000261-TYP2) __________________________________________________________ Enclosed are the following items for submittal: • CD containing submittal items • Application Fee • Land Division Plat Application Form • Written Statement- Letter Addressing Conditions of Approval • (5) Final Partition Plat (2 sheets) • (2) Closure Sheets • (2) Title Report & Supporting Documents o By-Laws of Aster Condominiums Reception No. 8012589 o CC&R’s Reception No. 8014491 o Deed of Trust Reception No. 2020-043483, modified by Instrument No. 2021-072678 o Assignment of Rents Reception No. 2020-043484 o Warranty Deed Reception No. 2020-043482 • (2) Reference Documents and Plats o Aster Condominium- File 73, Slides 358-359 o South “A” Park- File 72, Slide 38 o St Lucia Place- CSF 38628 o Anthony Heights- File 73, Slide 84 o County Survey File No. 21899 o Deed 2022-040226 • (2) DRAFT Documents o 20.00-foot wide Private Joint Use Access Easement o Affidavit of Consent Please do not hesitate to contact our office at 541.302.9830 or by email (tanya@metroplanning.com) with any further questions or concerns. FINAL PARTITION PLAT APPROVAL FOR ASTER-KJESSLER, LLC Written Statement Submittal No.: 1 Document Date: May 28, 2024 Applicant’s Request: Final Partition Plat approval to create two (2) residential parcels out of one (1) legal lot. Property Owner/ Applicants: Aster-Kjessler, LLC 3450 Walton Ln Eugene, OR 97408 Applicant’s Representative/ Project Coordinator: Metro Planning, Inc. c/o Tanya Sorensen 846 A Street Springfield, OR 97477 Tel (541) 302-9830 Surveyor: EGR & Associates, Inc. c/o Ryan Erickson, PLS 2535B Prairie Rd Eugene, OR 97402 Subject Property: Assessor’s Map 17-02-34-44; Tax Lot 90001 Location: Vacant parcel near S. 67th St & Aster St. Property Size: 1.14 acres (49,630 square feet) Zoning: R-1/LDR (Low Density Residential) Number of Parcels Proposed: 2 Parcel 1 Size: 5,145 square feet Parcel 2 Size: 44,485 square feet Tentative File Number: 811-23-000261-TYP2 Approval with Conditions Issued: January 24, 2024 Final Partition Plat Approval for Aster-Kjessler, LLC, 811-23-000261-TYP2 Metro Planning, Inc. May 28, 2024 P a g e | 2 Letter Addressing Conditions of Approval 1. The Final Partition Plat must provide for dedication of a 14-foot wide public sanitary sewer easement along the southern boundary of Parcel 1 as generally depicted on the applicant’s tentative partition plan. A 14.00 foot public sanitary sewer easement is shown on the plat. 2. The Final Partition Plat must provide for dedication of private utility easement(s) across Parcel 1 for the use and benefit of Parcel 2 wherever there are underground private utility lines that cross the Parcel 1 area. Alternatively, the applicant must relocate the private utility lines outside of the Parcel 1 boundaries. A Private Utility Easement will be dedicated if the applicant finds that any underground private utility lines cross Parcel 1 for the benefit of Parcel 2. 3. The Final Partition Plat must provide for dedication of a 20-foot wide by approximately 160- foot long private access easement across Parcel 2 for the use and benefit of Parcel 1. The private access easement must cover the segment of shared residential driveway between the southeast corner of Parcel 1 and the driveway entrance onto Aster Street. A 20.00-foot wide Private Joint Use Access Easement is shown on the plat. 4. The Final Partition Plat must provide for an irrevocable private joint use access easement across the shared residential driveway portion of Parcel 2 for the use and benefit of Parcel 1. Alternatively, the applicant must provide evidence confirming that the Aster Condominium plan and bylaws provide irrevocable legal and physical access to Parcel 1 via the shared residential driveway. A 20.00-foot wide Private Joint Use Access Easement is shown on the plat. If there are any questions, please contact me at Metro Planning via email (tanya@metroplanning.com). Respectfully, Tanya Sorensen Name: BOUNDARY Segment #1 : Line Course: N0°10'27"E Length: 155.89' Segment #2 : Line Course: S89°59'00"E Length: 149.00' Segment #3 : Line Course: S0°01'20"W Length: 136.02' Segment #4 : Line Course: S89°56'51"E Length: 160.40' Segment #5 : Line Course: S0°22'51"E Length: 155.90' Segment #6 : Line Course: N89°57'46"W Length: 160.56' Segment #7 : Line Course: N8°25'13"W Length: 137.36' Segment #8 : Line Course: N89°53'57"W Length: 130.19' Perimeter: 2680.85' Area: 49614.84 Sq. Ft. Error Closure: 0.0081 Course: S53°39'25"W Error North: -0.00482 East: -0.00655 Precision 1: 146335.80 ************************************************************************ Name: PARCEL 1 Segment #1 : Line Course: S34°38'27"E Length: 72.80' Segment #2 : Line Course: N89°53'57"W Length: 106.58' Segment #3 : Line Course: N0°10'27"E Length: 59.88' Segment #4 : Line Course: S89°50'45"E Length: 65.02' Perimeter: 304.28' Area: 5134.53 Sq. Ft. Error Closure: 0.0044 Course: S55°38'27"E Error North: -0.00251 East: 0.00367 Precision 1: 69154.55 ************************************************************************ Name: PARCEL 2 Segment #1 : Line Course: N34°38'27"W Length: 72.80' Segment #2 : Line Course: N89°50'45"W Length: 65.02' Segment #3 : Line Course: N0°10'27"E Length: 96.01' Segment #4 : Line Course: S89°59'00"E Length: 149.00' Segment #5 : Line Course: S0°01'20"W Length: 136.02' Segment #6 : Line Course: S89°56'51"E Length: 160.40' Segment #7 : Line Course: S0°22'51"E Length: 155.90' Segment #8 : Line Course: N89°57'46"W Length: 160.56' Segment #9 : Line Course: N8°25'13"W Length: 137.36' Segment #10 : Line Course: N89°53'57"W Length: 23.61' Perimeter: 2652.20' Area: 44480.31 Sq. Ft. Error Closure: 0.0105 Course: S77°16'24"W Error North: -0.00231 East: -0.01022 Precision 1: 110160.00 911 Country Club Rd, Ste 320 • Eugene, OR 97401 Phone: 541.741.1981 Fax: 541.741.0619 260 Country Club Rd, Ste 120 • Eugene, OR 97401 P.O. Box 10211 • Eugene, OR 97440 Phone: 541.687.9794 Fax: 541.687.0924 TITLE INSURANCE SERVICES • ESCROW CLOSINGS June 07, 2023 Order No. 23-26559 PRELIMINARY TITLE REPORT Michael Kjessler 3540 Walton Ln Eugene, OR 97408 Attn: Michael Kjessler e-mail: mkjessler@gmail.com Dear Michael Kjessler: Partial Billing Additional Chain TOTAL $400.00 $400.00 We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO Showing fee simple title as of May 26, 2023, at 8:00 a.m., vested in: ASTER-KJESSLER LLC Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 23-26559 Page 1 of 4 SCHEDULE B GENERAL EXCEPTIONS 1. 2. 3. 4. 5. 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS: 6. 7. 8. 9. 10. 11. 12. City liens, if any, City of Springfield. Public Utility Easement as shown on the recorded plat. The By-Laws, including the terms and provisions thereof, of Aster Condominiums, Recorded March 12, 1980, Reception No. 8012589, Lane County Oregon Records. Covenants, Conditions, and Restrictions, but omitting restrictions, if any, based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, imposed by instrument, including the terms and provisions thereof, Recorded March 21, 1980, Reception No. 8014491, Lane County Oregon Records. Deed of Trust, including the terms and provisions thereof, executed by Michael B. Kjessler, as Grantor(s), to Western Title & Escrow of Lane County, as Trustee, for the benefit of Selco Community Credit Union, as Beneficiary, Dated August 6, 2020, Recorded August 7, 2020, Reception No. 2020-043483, Official Records of Lane County Oregon, given to secure payment of a Note for $1,360,000.00. Said Deed of Trust was modified by instrument Recorded November 19, 2021, Reception No. 2021-072678, Lane County Oregon Records. (Includes Additional Property) Assignment of Rents, as additional security for the payment of the indebtedness secured by the Deed of Trust as Exception 12, which assignment was executed by Michael B. Kjessler, to Selco Community Credit Union, by instrument Recorded August 7, 2020, Reception No. 2020-043484, Lane County Oregon Records. (Includes Additional Property) ORS 92.012 requires that any division of an existing parcel is a partition requiring Governmental approval. Title Insurance coverage does not include assurances that any lot conveyed is a legal lot for planning purposes. Therefore, if the proposed transaction includes a division of an existing parcel, you should consult with the applicable planning authority as to any requirements they may have as to the proposed transaction. NOTE: Taxes, Map No. 17-02-34-44-90001, Code 19-00, Account No. 1355161, 2022-2023, $0.00, paid in full. Order No.: 23-26559 Page 2 of 4 NOTE: The address of the property to be insured herein is: NYA S A Street, Springfield, OR 97478. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) MICHAEL B. KJESSLER and ASTER-KJESSLER, LLC, and as of May 26, 2023, none were found. INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. NOTE: The following applicable recording fees will be charged by Lane County: First Page:$87.00 Each Additional Page $ 5.00 Non-Standard Document Fee $20.00 E-Recording Fee $ 5.00 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: BARGAIN AND SALE DEED RECORDED SEPTEMBER 22, 2022, FROM MICHAEL B. KJESSLER, TO ASTER-KJESSLER, LLC, RECEPTION NO. 2022-040226. WARRANTY DEED RECORDED AUGUST 7, 2020, FROM JOSHUA J. ECKSTINE, TO MICHAEL B. KJESSLER, RECEPTION NO. 2020-043482. NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: Andrew Rollins Title Officer cc: Metro Planning NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Order No.: 23-26559 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION Parcel B, ASTER CONDOMINIUMS, as platted and recorded in File 73, Slides 358 and 359, Lane County Oregon Plat Records, in Lane County, Oregon, as set forth in Declaration of Ownership, re-recorded March 21, 1980, Document No. 80-14491, Lane County Oregon Records, in Lane County, Oregon. Order No.: 23-26559 Page 4 of 4 Produced using RLID (www.rlid.org) on 07/14/2023 at 3:43 PM Produced using RLID (www.rlid.org) on 07/14/2023 at 3:43 PM Upon recording please return to: Metro Planning, Inc. 846 A Street Springfield, OR 97477 Aster-Kjessler, LLC 20.00’ Private Joint Use Access Easement Page 1 of 1 DECLARATION OF A 20.00-FOOT PRIVATE JOINT USE ACCESS EASEMENT KNOW ALL PEOPLE BY THESE PRESENTS, that Michael B. Kjessler as member of ASTER-KJESSLER, LLC, is the Owner of Parcel 1, and 2 of Land Partition Plat No. 2024-P____________, as platted and recorded in Lane County Plat Records, Recorders’ Reception No. 2024 -__________________________________, Lane County, Oregon. NOW THEREFORE, said Owner, Heirs, and Assigns have agreed to share a 20.00 foot Private Joint Use Access Easement as shown on said partition plat, for the benefit of said Parcel 1 and 2 and enter into a Maintenance Agreement. NOW THEREFORE, it is hereby agreed and declared that: 1. The Owner, Heirs and Assigns of the above named Parcel 1 and 2 shall share equally in the costs of maintenance and operation of the aforementioned Easement. 2. The Owner, Heirs and Assigns of aforementioned Parcel 1 and 2 shall cause said Easement to remain available for access to the public road at all times. 3. Maintenance shall be undertaken at such time when the Owners of said Parcel 1 and 2 deem it desirable. 4. Emergency vehicles shall have the right to enter upon said Easement for the purpose of emergency vehicle access. 5. Said Easement shall be used for the purposes of ingress, egress, utilities, and maintenance and repair of the shared driveway. Granted and declared this _______ day of _____________________, 2024. ___________________________________ ASTER-KJESSLER, LLC BY: Michael B. Kjessler, as member State of Oregon ) ) ss. County of Lane ) This instrument was acknowledged before me on _____day of ____________, 20 24 by, Michael B. Kjessler as member of ASTER-KJESSLER, LLC. __________________________________________________ Notary Public for Oregon My Commission Expires: _____________________________ Affidavit of Consent ASTER-KJESSLER, LLC Page 1 of 1 After Recording Return to: Metro Planning, Inc. 846 A Street Springfield, OR 97477 AFFIDAVIT OF CONSENT KNOW ALL PERSONS BY THESE PRESENTS that SELCO COMMUNITY CREDIT UNION is the Beneficiary to property referred to in a certain Deed of Trust Reception No. 2020-043483, Lane County Deeds and Records, and modified by Reception No. 2021-072678, Lane County Deeds and Records, Lane County, Oregon. FURTHER, said property is being subdivided according to Oregon Revised Statutes. NOW THEREFORE, SELCO COMMUNITY CREDIT UNION hereby gives their consent to the property being submitted to the provisions of ORS Chapter 92. Dated this __________ day of ______________________________, 20____. ______________________________ (Signature) ______________________________ (Print Name) ______________________________ (Title) SELCO COMMUNITY CREDIT UNION State of __________________________ ) )ss County of __________________________ ) Personally appeared before me, _________________________________________, __________________________________________ of SELCO COMMUNITY CREDIT UNION as their voluntary act and deed. ________________________________ Notary Public for __________________ My commission expires: ____________