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: ____________