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HomeMy WebLinkAboutPlat, Subdivision APPLICANT 5/19/2008 PLAT DateReceiVed:J"),/,y Planner; MM - DOCUMENT # Division of Chief Deputy Clerk 2MO.n2eAe~ Lane County Deeds and Records UUg U g,g~ 111111111111111111111111' 111111111111111111 $106,00 -'0':9588920",;0026469-,,)1101605/1212008 01 :41 :00 PM . RPR-SUBD Cnt=l Stn=6 CASHIER 07 $5.00 $80.00 $10.00 $11.00 - -.. - --. This document is a SUBDIVISION ALEX ACRES Owner: Northview Investments. Inc. Dedicatee: City of Sorim!field Twn. 17S Rng. 2W Sec.]], LANE COUNTY DEEDS & RECORDS 6 -Lots -L . Stickers ----L - Res. Numbers AFTER RECORDING RETURN TO: Lane County Surveyor's Office '. lOO~.Olc~10 '\1\1111111 \1'\\'1\ 1111\ 1111\111\1\ \ 111\ $31.00 -'0995891210 '0.12....7.,..1Z0~ ,7 OSJ\2/200B 0\ :4\ :00 ~n Division of Chief Depuly Clerk Lane Coun l y Deed. ,d Recor ds Recorded at the request of and after recording return to: Branch Engineering, Inc. RPR-ESMT Cnl=l Sln=6 CASHIER 07 310 Fifth Street $10.00 $10.00 $11.00 Jf) Springfield, OR 97477 D all'10 G ah~ Received:_ (/1 C/o DECLARATION OF PRIVATE JOINT USE ACt~er: MM PRIVATE UTILITY AND PRIVATE STORM DRAINAGE EASEMENTS The true and actual consideration for this declaration is other than monetary. RECITALS: I) NORTHVIEW INVESTMENTS, INC., Grantor, is the owner of the lands that are described in that Statutory Warranty Deed that was recorded March 7, 2007 at Recorder's Number 2007-015353 in the Official Records of Lane County, State of Oregon. 2) The owner is dividing said real property into six lots as shown on the plat of Alex Acres as platted and recorded in Lane County Oregon Plat Records. 3) The owner desires to create easements and define maintenance responsibility on certain areas and facilities for the benefit offuture owners of the lots as described below. DECLARATION OF EASEMENTS: A) Easement Created: NORTHVIEW INVESTMENTS, INC. hereby creates a perpetual easement for the benefit of Lots 2, 3, 4 and 5 over that certain area designated as "PRIV ATE JOINT USE ACCESS AND PRIV ATE UTILITY EASEMENT" on said plat as said easement lies in Lots 2, 3, 4, and 5 for private access purposes. B) Easement Created: NORTHVIEW INVESTMENTS, INC. hereby creates a perpetual easement for the benefit of Lots 2, 3, 4 and 5 over that certain area designated as "PRIV ATE JOINT USE ACCESS AND PRIVATE UTILITY EASEMENT" on said plat as said easement lies in Lots 2, 3, 4, and 5 for private utility purposes. C) Easement Created: NORTHVIEW INVESTMENTS, INC. hereby creates a perpetual easement for the benefit of Lot 5 over that certain area designated as "5.00' PRIVATE STORM DRAINAGE EASEMENT" on said plat as said easement lies in Lot 4 for private storm drainage purposes. D) Easement Created: NORTHVIEW INVESTMENTS, INC. hereby creates a perpetual easement for the benefit of Lots 2, 3, 4, and 5 over that certain area designated as "VARIABLE WIDTH PRIVATE STORM DRAINAGE EASEMENT" on said plat as said easement lies in Lot 3 for private storm drainage purposes. E) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossmgs. F) Use of the Burdened Prooertv: The owners or occupiers of the lots affected by these easements shall have the right to use their property, including 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 instrument. No vehicle parking or storage of vehicles shall be allowed by any party within the easement area, including the agents, employees, tenants, and invitees of said owners. G) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway and storm drainage improvements within the easement areas shall be split equally between the owners of Lots 2, 3, 4 and 5. The cost of any maintenance or repair of private utilities lying within the easement areas will be the responsibility of the owner of the respective facility. H) Successors in Interest:The provisions of this instrument touch and concern, and relate to the use of Lots 2, 3, 4 and 5 of said plat, and are intended to be covenants and restrictions running with the land. All provisions of this 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 lots. DECLARATION OF PRIV ATE JOINT USE ACCESS, PRIVATE UTILITY AND PRIVATE STORM DRAINAGE EASEMENTS Page I of2 '. , . . 6'tJr/rr IN WITNESS WHEREOF, I have executed this DECLARATION~~~';.J{;r:- :;:1.:; ACCESS, PRIVATE UTILITY AND PRIVATE STORM DRAINAGnR~~m~ on this_ L ~ day of 'F-!::"'B12lA.orR Y , 2008. ~--2ffl~~. D~~k Harrison,~sid~ STATE OF OREGON ) )ss County of Lane ) On t=:e'BI2t..U:',.K..V ~, 2008 personally appeared the above named Derek Harrison who is the President of Northview Investments Inc. 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 his voluntary act and deed and that said instrument was signed on behalf of said corporation. Ii! ~..~c~~-----_.. -----.. ......) , OFFICIAL SEAL - ~ '.. ) GAIL A WAISANEN ': . / NOTARY PUBLIC. OREGON I COMMISSION NO 419581 : - - _,.~M~~~M\~&IO/~Jf~ES'JULr 28, 20t 1 I, =-".:.:. J__-.....J..:. ~ tJaa/ ""' Notary Public for Oregon DECLARATION OF PRIV ATE JOINT USE ACCESS, PRIVATE UTILITY AND PRIV ATE STORM DRAINAGE EASEMENTS Page 2 of2 Date Received' .?/r t! of IMPROVEMENT AGREEMENT Planner: MM 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 Ns>rthview Investments, 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 SUB2006-000049 II 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 'B' Street to include: r8J surface paving; r8J storm sewers; U sanitary sewers; 1ZI gutters; 0 planter strips; r8J street trees; r8J street lights; (b) TRAFFIC SIGNALS at the intersection of ~ curbs; 1ZI sidewalks. (c) OTHER IMPROVEMENTS -Division of Chief Depuly Clerk Lane Counly Deeds and Records ~~~~.~~cm 11111111111111111111111111111111111111 $46,00 00~~~902,0000~26~710~~~~46 05/12/200801:41;00 PM RPR-NTPOLIEN Cnl=2 Sln=6 CASHIER 07 $~.OO $20,00 $10.00 $11.00 AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z:\2005\05-2n HARRISON\SURVEY\APPlICATION\lmprovernenl Agreement new.doc REVISED Augu,t, 2007 Page 1 of3 Date Received: S /1 f J r>Y Planner: MM I 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: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Tax Map & Lot No.: 17-02-33-31 TL 3600 & 3700 Property Address: 5177 & 5185 'S' Street 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 APPLICANT/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:12005\05-277 HARRISON\SURVEY\APPlICA TION\lmprovemeflt Agreement new.doc P8Q82013 REVISED August, 2007 WHEREFORE, the parties have hereunto set th ' day of -=FE:R ,2 8 Date ReceiVed:41 '6Y Planner:-MM hand this l:- '1 // , STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this e9 day ofr-e:BI?UA-RI,7 , 20~ before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Derek Harri~onbPreSideJ1t of Northview I/,\vestments Inc. whose identity was proved to me on the asis of satisfactory evidence and who executed the within instrument and acknowledged to me that he 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. ~~~~-~--OFF~~LSE;C----j' I ~ N~~lM~tJ~~~~Jt I . COMMISSION NO. 419581 " ~~x V~M~lS5l0~~~~~~~ ~.!.o~ _ ~ai~ , ')ull/ EA, 7/}// My Commission Expires CITY OF SPRINGFIELD /!?;/) J proved /' 'Ja/???/.Y/' ."- h -l97/fi$~/o pment SerVices tkpa', d:.ent, Planning Division (No notary required) Accepted by j)~J Dennis P. Ernst - City Surveyor STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this (J-r'H day of /'1 A I2.C~ ' 200Lbefore me, the undersigned, a notary public in and for said ounty and State, personally appeared the within named Dennis P. Ernst whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that he 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, -.' '-- 'OFFICIAL: ~ . '/ " GuY R DEN'!' " ,NOTARY, PUBUC.oA ,COMM SSION NO 3 , tIUlMMISSION~IRES NbV.~ _.... ....._......_.__.. I ---.. ... A~D~ Notary Pu1'llic for Oregon ;.../t:, v f ~( '"'2. (:)<l'1 My Commission Expires Z;\2005\05.277 HARRISON\SURVEY\APPlICA TION\lmprovement Agreement new.doc Page3ot3 . OffiCIAl SEAl. , GuY R DENT ., i NOTARY PUBUC.oAEGOM , COMMISSIllN NO. 3995~5' " MY COMMISSION tXPlRES ~JO'J.'IW, 2tld9"\ 2007 ""~"''','''''''''''~'''.J~."., .,......-.....__.. EXHIBIT "A" LEGAL DESCRIPTION Date ReceiVed:.:f/!.l/ or- Planner: MM SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE A.W. HAMMIT DONATION LAND CLAIM NUMBER 38, TOWNSHIP 17 SOUTH, RANGE 2 WEST, W.M. THAT IS SOUTH 00034'45" WEST, 764.09 FEET FROM THE NORTHEAST CORNER OF SAID CLAIM; THENCE SOUTH 88057'15" EAST, 172.00 FEET TO A POINT; THENCE PARALLEL TO SAID EAST CLAIM LINE NORTH 00034'45" EAST, 221.34 FEET TO THE SOUTH MARGIN OF B STREET; THENCE ALONG SAID SOUTH MARGIN NORTH 89044'00" WEST, 172.00 FEET TO THE AFOREMENTIONED EAST CLAIM LINE; THENCE ALONG SAID EAST CLAIM LINE SOUTH 00034'45" WEST, 219.00 FEET, RETURNING TO THE POINT OF BEGINNING. C:\Docurneols and Settlng.\Iepwpkh\Local SettJng.\Temporary Internet Fllea\OLK87\......._ ~..._..-: Ag~ment n_.doc REVlSEO Augutt, 2007 Page4of4