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~
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-'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
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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
'.
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-'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.
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, OFFICIAL SEAL - ~
'.. ) GAIL A WAISANEN ':
. / NOTARY PUBLIC. OREGON I
COMMISSION NO 419581
: - - _,.~M~~~M\~&IO/~Jf~ES'JULr 28, 20t 1 I,
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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
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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
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My Commission Expires
CITY OF SPRINGFIELD
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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.~
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---.. ...
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
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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
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