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HomeMy WebLinkAboutPacket, Pre PLANNER 6/30/2008 PRE-SUBMITTAL PLAT DISTRIBUTION LIST: Date Distributed: 7- I-Dg PRE-SUBMITTAL REC'D JUN 3 0 Z008 /. Dave Puent - Building v' Gilbert Gordon/Melissa Fechtel- Fire / : Jon Driscoll, Traffic /. Matt Stouder- Public Works/Engineering ./. Dennis Ernst/Chris Moorhead, Surveying //-Bart McKee, Spjld Utility Board (Water) vi _ Tamara Johnson, Spjld Utility Board (Electric) .Thomas Je~s, Emerald peo.tple's Utility District . Planner, A-fJ flJf/ ~_-.: , CIty of Spnngfield Development Services Department 225 Fifth Street Spnngfield, OR 97477 541-725-3753 Phone 541-726-3689 Fax Gl'!AlNGI'IELD Wit: Pre-Submittal Meeting Case Number Assigned: PRE2008-00043 Date SubmItted 6/30/2008 Prolect Name' PARKWAY CENTER PrOject Description. Pre-SubmIttal for PartitIOn Plat for a 2 parcel partition for Parkway Center at the NW corner of PIOneer Parkway and W Q Street ApplIcatIOn Type. PartitIOn Plat Job Address 104 W Q ST Asses~or's & Tax Lot #. 1703271003300 " q Meeting Date/Tlme Meeting Room Planner , Tuesday, July_S, 2008: ,: ) l ~ '_()'"'-O~~, , ,-~._~- :;~' .' ' 615/616 ~ i _ ~ r, - \ l ~ -" - ~, _ ~ _ __ -~!f;~~~'~~,~ YYj~ ~~/~ 9sI~:-:r~','~ o ~" ~ , ~ " " /_ l DISCLAIMER ApplIcations Will not be exempt from Development Code or procedural amendments that may occur between the time of the Pre-SubmIttal Meeting and Submitlal of the ApplIcalIon for Development Review Please contact our office at 541-726-3753 With any questIOns or concerns A Planner" ,II be aSSIgned the follOWing bUSiness day and w,lI contact you to confirm tbe meeting date and lime PRE.SUBMITTAl REC'D JUN 3 0 2008 llanlobPrmt rpt 6/30/2008 I 45 14PM Pre-Submittal Meeting Development Services Department Room 615/616 PRE-SUBMITTAL MEETING DATE: Tuesday, July 8: 2008 1. PRE-SUBMITTAL MTG #PRE2008-00044 (pART PLAT) KNIGHTS $336 Assessor's Map: 18-02-06-42 TL 2600 Address' 3600 Garden Avenue Existmg Use Residential Applicant submitted plans to plat a three-lot partition Meetmg Date/Tlffie: Tuesday, July 8, 2008 DSD 616 10:00 -11:00 a.m. Planner: Andy Limbird 2 PRE-SUBMlTIAL MTG #PRE2008-00043 (PART PLAT) SKYVIEW, LLC $336 Assessor's Map: 17-03-27-10 TL 3300 Address 104 W "Q" Street EXIstmg Use LMI/CC (retail) - Walgreens, First Tech Credit Union (Parkway Center) Applicant submitted plans to plat a two-lot partition Meeting Datefflffie. Tuesday, July 8, 2008 DSD 616 11:00 - noon Planner Molly Markarian PRE-SUBMITTAL REC'D JUN 3 0 2008 (J City of Springfield Development Services Department 225 Fifth Street Spnngfleld, OR 97477 PRE-SUBMITTAL RECID JUN 3 0 Z008 Land Division Plat Partition, SubdiVISion '. . " . Partition Plat Pre-Submittal: Partition Plat Submittal: Applicant Name: Bret Fox, Mana~er Icompany: IAddress: , IApPllcant's Rep: Lloyd L Tolbert Icompany' IAddress: , I Property Owner: Bret Fox. Mana~er Icompany: IAddress. , IASSESSOR'S MAP NO: ]7-03-27-10 ITAX LOT NOeS): 3300 !property Address. ]04 West Q Street, Sonngfield. Qre~on 97477 ISlze of Property: 219 I Proposed Name of SubdivISion: Parkwav Center Land DIvISIon IDeSCrlPtlon of Proposal: IExlstmQ Use' SubdiVISIon Plat Pre-Submittal' SubdivISion Plat Submittal. . ,. Phone: 80]-596-7711 Thomas Fox Properties .Fax: 801-596-716] 5] 5 W Pickett Circle #400, Salt Lake City, Utah 84115 Tolbert Associates. LLC Phone. 541-359-8426 Fax' 541-747-0177 IPhone' 801-596-7711 IFax: 801-596-7161 POBox 70224. Eu~ene. Ore~on 97401 Skyvlew, LLC and South Plaza II, LLC 515 W Pickett Circle #400, Salt Lake City, Utah 84115 Acres [X] Square Feet D If you are frlllng In thiS form by hand, please attach your proposal description to thIS application oartltlon the develooed Darcel Into 2 pieces for Durooses of solittlng ownershlD LMI/CC (retaIl) - Walgreens, First Tech CredIt I I'n'on Tentative Case #: SUB2008-00006 IAVQ. Lot/Parcel SIze: 47,000 sf IDensltv. du/acre nnt our name and date In the a ro nate box on the next , . ~ - Associated Applications: <;;.ufS ;7 DCf6-1:1Si:f.c. (T ~\ Pre-Sub Case No.: 'VI,( ZObg~ C(3:{-f!:, I Date: C::,A;/Oh Reviewed by: -k Icase No . I Date: Reviewed bv: IAppllcatlon Fee. $ ITechnrcal Fee: $ IpostaQe Fee: $0 ITOTAL FEES: $1 PROJECT NUMBER. rv~ Z<s\J(,,- .ciRlfL( 1~'-'''''~'1''v'4~<ff'..H''h ~~ "'''' 'P<"'-~"""'_ ~"d"',~,,.,,~,,,,,.,,,,,,,,,~, ~~~, M"""''''~ ,,~ ~-1IP"~~'''''<&_'. Revised 1/1/08 Molly Markanan ~ ' :=tt CJ-6! D 6 1 (~, CO A-vv< P2-,-~ ~ 1 of 6 Owner Signatures This application form IS used for both the required pre-submittal meetln9 and subsequent complete application submittal Owner signatures are required at both stages In the application process An application Without the Owner's origmal signature will not be accepted. Pre-Submittal The undersigned acknowledges that the mformatlon In thiS applIcation IS correct and accurate for scheduling of the Pre- SubmIttal Meetmg Owner: ~~ Slgrfature Date: 5/8/2008 /!: ({Jf- ~ Print Submittal I represent thiS applicatIOn to be complete for submittal to the City Consistent With the completeness check performed on thiS application at the Pre-SubmIttal Meeting, J affIrm the Informatlon Identified by the City as necessary for processing the application IS provided herem 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 227 178 pertaining to a complete application Owner: ~ Signature ~ '?tr~f 7Vx Date: Prmt PRE.SUBMITTAL REC'D JUN 3 0 Z008 ReVIsed 1/1/08 Molly Markarian 2 of 6 Land Division Plat Pre-Submittal Requirements Checklist NOTE If you feel an Item does not apply, please state the reason why and attach the explanation to this form ~ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula A copy of the fee schedule IS available at the Development Services Department Any applicable application, technology, and postage fees, are collected at the pre-submittal and submittal stages ~ Land DIvIsion Plat Application Form ~ Letter AddreSSing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each Item ~ Nine (9) Paper Copies of the Plat stamped and Signed by the surveyor ~ Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all common areas, dedicated areas, and easement areas that are not Simple parallel offsets ~ Two (2) Copies of Title Report or SubdiVision Guarantee for the parcel being diVided The title report must be dated Within 30 days of submittal at the time of the final submittal An older report IS OK at the pre-submittal stage ~ Two (2) Copies of Each of the Reference Documents and Plats listed on the plat ~ Two (2) Copies of Each of the Supporting Documents - the vestrng deed (must vest title to the owner listed on the plat), eXisting easement deeds, and documents listed as exceptions rn the title report, etc D Two (2) Draft Copies of any street dedications ~ Two (2) Draft Copies of Any New Easements or Restrictions being created by separate document, Improvement agreements, maintenance agreements, JOint use Ingress/egress and utility easements, sewer hook up In lieu of assessment, and any other documents that Will be recorded together With the plat or that are required by the Conditions of Approval D Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be Signed by the lender prior to final approval) OR Two (2) Copies of an AffidaVit of Consent by separate document IS required from all Trust Deed, mortgage, or other secured loan Interest holders agarnst the property to be recorded Simultaneously With the plat IF any publiC dedications or easements are being made and/or any other rnte~sS~r,e belt1.q transferred to the publiC per ORS 92 075 (2-4) rKt- uBMITTAL REC'O D Copies of Wetland Documents as required JUN 3 0 2008 D Copies of ODOT Access Permits as required D Draft Copy of Bargain and Sale Deed for Reserve Stnps - City Survey Section has a template D Venflcatlon that Street Tree Agreement IS In Progress as required D Draft Copy of the Conditions, Covenants & Restnctlons (CC&Rs) as required D Post Monumentatlon DepOSit as required for subdiVIsions only City Survey Section has current fee schedule and templates ReVIsed 1/1/08 Molly Markarian 5 of 6 D D D D Location of Any Floodways In accordance with SDC 3 3-400 C2J EXisting Easements Clearly Identified with Their Recorded Reference C2J New Easements and Reserve Strips Referenced In Owner Certificates of Dedication and Purposes of Easements Identified on Plat NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document IS required, the applicant shall be responsible for paYing the Lane County recording fee for any such required document Documents which may require recordation Include, but are not limited to Development Agreements, Improvement Agreements, Deed Restrictions, Future Development Plans, Easements, JOint Use Access/ Maintenance Agreements, and Dedications of Right-of-Way Land DIVision Plat Submittal Requirements Checklist NOTE If you feel an Item does not apply, please state the reason why and attach the explanation to this form D Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula A copy of the fee schedule IS available at the Development Services Department The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal Land DIvIsion Plat Application Form D D o . Two (2) Copies of the Deed Two (2) Copies of a Title Report Issued Within 30 days of the date Lane County Will record the plat Original Plat on Mylar With notarrzed owner(s) slgnature(s) and Signed surveyor stamp Copy of the Mylar on Bond Paper Original and Copy of all ReqUired Documents With signatures where appropriate PRE-SURMITIAl REC'O JUN 3 (l Z008 ReVised 1/1/08 Molly Markarian 6 of 6 CITY OF SPRINGFIELD VICINITY MAP PRE2008-00043 104 W Q St/6 W Q St/1810 & 1820 Pioneer Parkway West U I I I uaB j-- ~: H~LLE~ ~t . I SITE Map 17-03-27-10 Tax Lot 3300 ~ PRE-SUBMIIT4L REC'D JUN 3 0 2008 Fe 51ft' IRON REBAR SOUTHEAST CORNER OF KING ARTHUR SUBDMSION M> SHOWN IN REf 1 ~\ ; ;~~ON5'fBAR ~ REF I i.'f. ~ ~1 \ '- \ "\~\ 111800 5157 (: 589"51."[, 20157 t: ~ \ \~ ~ \% \~ ~ ~ \~ Z ': Ii> t"l \" I~ ~ ~ \\ ~ \ '> \ ~ \ \ ~ \ ~ \ \ I ~ \ ~I:. \ \ \\~ \ \ C;I'/; \ \\'~ \ , \ \ \ REfERENCES ( )1 CSF 24570SYROBERlSFlLEDOECEt.4BER26 1980 ( )2 CSF ln49 BY 5T(I.4'" FilED oreOlaER 1969 ( )3 C 5 F 27767 BY OLSON FllEO FEBRUARY 20 HIB7 ( )4 WARRANTY DEED RECORDED ON REEL 2547 RECEPTION NO 99042604 LANE COUNTY OREGON DEED RECORDS lANE COUNTY SURVEYOR 5 OffICE RE-ESTABU5H CORNER REPORT INO[)( NO S )5111910 ( )6 '11911 ( )7 "2262 ( )8 "09n ( ) 9 '11695 )10 CITY or SPRINCFlELO C(NTERUNE IolDNUt.lENTATION BOOK )11 WARRANTY DEED RECORDED ON REEll.7R RECEPTION NO 7524839 LANE COUNTY OREGON D[EO RECORDS 1 WEST-NOImiWEST CORNER J<CO''''''''''' OONATION LAND ClAlW HO 47 I'D 2-3/4 LANE COUNTY I ~~~s S.~f/ 1988ar: 1990 i SEE REF 8 &: 9 ~~ I~ ~:~ 1::1 ml'1"" :5 .....~~.......o ~~~ T! '!lzg 0 as..... l~ 18 I fDlEAD ~ &Tol.CK I ~ REI' 10 (4J05)10.... ~~ "" ~~<e.; SHELLEY r.: ;~ fIJ STREET L ..,.., {::::,10 ~ ~~ ~ fD LfAl) I ~~::;) "'TACK ~ REI' 10 ~ ~ ~ i " :r ~I J.-.-- _ (697 59 ~ 1 -1~ NOR'" '"00 5895146( JJ9056 SOUTHWEST CORNER JACOB HALSTU.o OOHATIOH lN4D CLAlW NO 41 CO!r.lPUTEO POINT ASSESSOR S WAf' NO 17-03-21-10 T,o.)( LOT 13Joo pl.OnU-i\PHOllESiGllJ[T INKCOKI1llOGl-"Ul,4OA fUl - 1;0NnNI:>I1... IIUHO ,I'C-4/oI2 TAX LOT #3300 219 ACRES NSe"5146"W 21J22 -'i:-- -.!JOU8 --1 r- - .'Q" STREET THE PURPOSE OF THIS SURVI:'1' IS TO !r.IONlJMENT THE PROPERTY SHOWN AS tA,X LOt IJJOO ASSESSOR S I#J' NO 17-0J-27-10 AND DESCRIBED IN WARRANTY DEED RECOROED ON REEL 2547 RECEPtiON NO 990~2604 lN4E COUNTY OREGON DEED RECORDS THE NORm RIGHT- Of-WAY UNE OF Q STR(O WAS ESTABUSHED llY HDLDlNG 3000 FEO NORTHERLY FROM THE CENTERLINE THE CENTERLINE OF 0 STREn WAS ESTABLISHED BY HOLING THE SOUTHEAST CORNER OF DONATION lAND CLAlt.4 NO 41 AND THE NORTHWEST CORNER OF DONATION LAND CLAlt.I NO 49 AND PROJECTING A LINE WESTERLY FROhl SAID NORTHWEST CORN(R THE WESTERLY RIGHT-Of-WAY UNE OF PIONEER PNlKWAY WEST (OLD 2ND STREO) WAS ESTABLISHED BY HOLDING HiE 5/1'f' IRON REBAR t.4ARKING THE SOUTHEAST CORNER or KING NlTHUR SUBOMSION AND THE 5/1'f' IRON REBAA ~T BrARS SOUTH 14 01 45 E 2918\ FEEl AND PRQ,JECTIHC A LINE SOUTHEASTERLY FROr.l THE lAST MDmONEO REa.>.R THE CENTERLINE or lAURA STREn WAS ESTABLISHED BY HOLDING THE WEST-NORTHWEST CORNER OF DONATION lAND CLAlt.4 NO 47 AND THE CENTERLINE-CENTERliNE llf1ERSECllON OF S1iElllY STREn AND lAURA STREET WHICH WAS COMPUTED FROU THE REFERENCE t.40NUt.lENTS tHE WEST BOUNDARY WAS ESTABLISHED PARALLEL TO AND 69759 FEO mOM THE CENTERLINE Of" lAlJRA STREET AS PER REfERENCES 11 THE NORTH BOUNDARY WAS ESTABLISHED BY FIRST INTERSECTING THE C[t.tTERUNE Of Q STREET WITH THE WEST RIGHT-OF-WAY LINE OF THE SOUTHERN Pol.CtFlC RAILROAD THEN RUN ALONG THE RAILROAD RIGHT-OF-WAY LINE 50100 FEO THEN RUN PARALLEL TO THE CENTERLINE OF a srREET THE FILLET LOCATED AT THE SOUTHEAST BOUNDARY WAS ESTABLISHED USING Q,l,TA OF RECORO AS PER REFERENCE 4 AND SHOWN HEREON t.40NUt.I[NTS WERE SEl AT THE ItfTERSECTION or THE NORTH AND WEST BOUNDARIES WEST BOUNDARY AHO NORTH RIGHT-OF-WAY UNE OF a STREET AND THE NORTH BOUNDARY N'lD THE WESTERLY RIGHT- OF-WAY UNE OF WEST PIONEER PARKWAY AND SHOWN HEREON THE CALCUlATEO OISTANCE Of THE WEST UNE OF Oow,TION LAND ClAlt.l NO 47 IN REFERENCE 2 IS 1 4J fEEl SHORTER THEN t.4Y CAlCUlATED DISTANCE WHICH IS PROBABlY FROM THE WAYS EACH OF US ESTABLISHED THE SOUTH LINE Of SAlO DONATION WID CLAIM LINE (N88'OO37w) (10830)4 N89514&,"W --.!.Ql!JO_ NARRATIVE NOTES 1) I.tEASUREO BEARINGS AND DISTANCES EOlM!. DATA Of" RECORD UNLESS OTHERWiSE NOTED 2) THE CENTERUNES OF Q STRE[T AND lAURA STREET ARE "'-SO CONSIDERED TO BE THE DONATION lAND CI..AJt.l LINES AS SHOWN IN PASTSURVE'YS 3) OUR FIELD WORK WAS PERFORMED IN 2004 """0 BECAUSE OF ROAD CONSTRUCTION ON HARLOW ROAD THE WEST-NORTHWEST CORNER Of COW-lION LAND CLAll,l NO 47 IAAY HAVE BEEN DESTROYED (EAST 78471)J N8115146"W 78469 - -1.-- DONATION lANO CLAlt.4 LINE NOImfW[Sl CORNER [.W POWERS OOMT1ON lAND CLAlt.I NO 411 1'0 2-3/4 lANE COUNTY PUBLIC WORKS OEPT It~6N5orENr~E\971 SEE REF 7 A N !L.ltE CDUN1Y SURVEYORS OfflCE . C S FILE NO 401l!53 FILlN!; DUE .OL .JAil d1 rc:::- RECORD OF SURVEY LOCATED IN NE1/4 SECTION 27 T17S R3W W M (CITY OF SPRINGFIELD) LANE COUNTY, OREGON FOR THOMAS FOX PROPERTIES BY ROBERTS SURVEYiNG INC POBOX 7155 EUGENE. OREGON 97401 PHONE (541 )-345-1112 SCALE ," = 50 DECEMBER 15 2006 LEGEND . t.40NUt.4EIfI'S f"OUND AS NOTED o !r.IONUt.lENTS SET 5/8 X JlJ" IRON REBAR Wl1H YELLOW PlASTIC CfoP STAMPED ROBERTS SURV INC COt.4PlITED PQlm NOTHING FOUND OR SET OATA OF RECORD DENOTES UNE NOT TO SCALE COUNTY SURIItY mE NO . ( ) -1f- CH SOI.lTHWEST CORNER we SPEHCEfI OONATlOH IN<<) ClAIM NO 50 ~~~~ ~~lOUNTY BRASS CAP DATED 1991 SEE REF 6 I " . . '" FO 2-3/tf' lANE COUNTY SURVr'tOR S OFFICE BRASS CAP DATED 1991 REFERENCE MONUI,AENT SEE REF 5 ~~b'~ ~lOUNTY BRASS CAP DAtED 11191 REf"ERENCEMONUt.4ENT SEE REF 5 I'D 1-1/2 LANE COlJNTY SURVEYORS OFFICE BRASS CN' DATEO 1991 REFERENCE MONUMENT SEE REf" 5 (""63 N6S~.?001f- '?"If- '.?6 1'?6g;)$ CHGll5 SOt1JHE..lST CORNER """''''lSIDD OO",",TION lN40 CLAIM NO 41 COI,APUT(OPOIm' SEE REF :. ( RfGlsl(.'l(U l ~.I.AN~ESS~iA I ~ l .....~~~<'O(n KEHl8.<l<[R ..-. EXPIRES 12-]1 2007 PRE.SUBMITTAl REC'D JUN if 0 lUtTh WRITTEN STATEMENT PARTITION FOR SKYVIEW, LLC & SOUTH PLAZA II, LLC TENTATIVE CASE NO. SU82008-00006 MAP 17-03-27-10 TAX LOT 3300 JUNE 1, 2008 Tlus wntten statement IS mtended to address the conditions of tentative plan approval and diSCUSS how each has been satisfied m the Fmal Plat ApplicatIOn The partitIOn plat was given conditIOnal approval under Tentative Case No SUB2008-00006 The conditIOns of approval and our response to each are as follows ConditIOn # i-Prior to pial approval, the applicant shall propose separate private utlbty easements for all ullllty lines benefitllng bolh parcels and separale access and use/malntenence easemenls benefitllng bolh parcels to the satisfactIOn of the City in addition, prIOr to plat approval, the applicant shall record and document such approved easements on the plat A draft copy of the DeclaratIOn of Easements for Access, Dnveway & ParkIng, Utilities and Mamtenance IS mc1uded WIth tlus packet Condition # 2 - excavatIOn or filling In the VICInity of the five eXisting street trees, as well as any future removal of these trees, must COliform to the standards of the SDC and EDSPM Depending on the location of the trees, maintenance shall be performed by the property owner or the City as per SDC 4 2- 140C SkYVlew, LLC, South Plaza II, LLC and the Walgreen Company have lured landscapmg mamtenance companies to care for the property The owners and tenants pledge to mamtam the property per SDC 4 2-140 C and to conform to the standards of the SDC and EDSPM ConditIOn # 3 - Prior to plat approval. the applicant shall plant 12 additional street trees of at least two Inches In caliper along the subject property's Q Street and PIOneer Parkway frontages If traffic VISIOn, street lighting, SignS, or publiC utllllles prevenl the planting of any of the 12 reqUired additIOnal street trees. the applicant shall demonstrate such conflicts to the satisfactIOn of the City New street trees shall be selected from the List of Acceptable Street Trees for planter strips with overhead power lines as listed In the EDSPM. and the new street trees shall be Installed as specified In the EDSPM All tree nursery tags Identifying the type of street tree shall remain on the street trees until plat approval Depending on the locatIOn of the trees. maintenance shall be performed by the property owner or the City as per SDC 42-140 C Bret Fox (site owner/manager) met on site With Molly Markanan, (With the City ofSpnngfield) Ms Markanan Identified the locatIOns where additIOnal trees were to be planted and the owner duected Its landscaper to plant trees m those locatIOns All the additional trees requued, as agreed m the on-site meetmg, were planted by Apnl 30, 2008 Condition # 4 - Prior to plat approval, the appbcanl shall record and document the proposed PUE In the northeast corner of Parcel B and the southwest corner of Parcel A on the plat Can the City please proVide the PUE format? PRE-SUBMITTAL REC'D IUN 3 0 2008 ConditIOn # 5 - PrIOr to plat approval, the applicant shall record and document on the plat a 10foot wide P UE centered on SUB's primary cable and vaults on the subject property as reqUired by thiS declSlon and the decIsIOn associated With Case No DRC2006-00085 Can the City please proVide the PUE format? ConditIOn # 6 - PrIOr to plat approval, the applicant shall record and document on the plat afivefoot wide PUE centered on Northwest Natural's gas faCIlity on the subject property Can the City please proVide the PUE format? CondWon # 7 - PrIOr to plat approval, the applicant shall correctly Identify eXlsllng bicycle parlang on the Exlsllng ConditIOns sheet of the plan set A corrected site plan/sheet of the plan set was completed by Weber Engmeenng and dehvered to Ms Markanan ConditIOn # 8 - PrIOr to plat approval, the applicant shall provide the minimum long-term bicycle parking spaces reqUlredfor each budding Ms Markanan met With both the owner and owner's general contractor to descnbe how the bike parkmg should be modified Bike parkmg was modified by the general contractor, as dlfected, by Apnl 30, 2008 ConditIOn # 9 - PrIOr to plat approval. the applicant shall bring eXisting bicycle parking Into conformance With SDC standards As such, the bicycle parking adjacent to the northeast corner of the Wallgreens building shall be separatedfrom motor vehicle parlang by a barrier or curb In additIOn, all eXlsllng bicycle parking spaces adjacent to each of the bUildings shall be re-pos!tloned or re-located to meet the dimensIOnal standards of SDC 4 6-145 B since the current configuratIOn makes access to and use of many of the spaces Impossible Finally, slgnage directing customers to the bicycle parlang shall be prOVided at the entrance to the Wallgreens budding since eXlsllng bicycle parlangfacdltles for that budding are not directly vlSlble and obvIOUS All bike parkmg on the subject property was changed and made to be conformmg as descnbed m Condition #8 above ConditIOn #10 - Prior to plat approval, the applicant shall remove the statement that there are no reqUired setbacks from property lines from all sheets of the plan set To be done by Engmeer ConditIOn #11 - VISIOn clearance areas shall be maintained at each access to a public street and on the corner of the property as per SDC 4 2-130 VISIOn clearance, as reqUired by City code, IS and shall be mamtamed at each access to a pubhc street and on the corner of the property , PRE-SUBMITTAL REe'D JUN 3 0 2008 .~ .---;-- ~( (j ~ \ VIL \\ ' / [ DECLARA TlON OF EASEMENTS FOR ACCESS, DRIVEWAY AND PARKING, UTILITIES, AND MAINTENANCE RECITALS A SkYVlew, LLC, a Utah Limited Liability Company and South Plaza II, LLC, an Oregon Limited Liability Company (Declarants) are the owners of the follOWing deSCribed real property Parcels 1 and 2 of Lane County Land Partition Plat No recorded , 200B, Document No 2008- the Lane County Oregon Deeds and Records . of B Parcels 1 and 2 were created by minor partition, tentative approval of which was granted by the City of Spnngfield, Case No SUB200B-00006 Approval was conditioned upon the creation of access and parking nghts on and across Parcel 1 and Parcel 2 for the benefit of Parcels 1 and 2 C The purpose of thiS Instrument IS to create mutual, reciprocal driveway, parking and utility easements, and a maintenance agreement over the area depicted on Exhlbrt A attached hereto The easements granted by thiS Instrument are Intended to be appurtenant to and benefit both Parcel 1 and Parcel 2 DECLARATION OF EASEMENT 1 Easements Created Declarants hereby create and grant the follOWing perpetual, nonexclUSive and reciprocal easements to serve Parcels 1 and 2 1 1 A reciprocal access and dnveway nght of way over and across Parcels 1 and 2 The access dnveway IS generally located as depicted on Exhibit A 1 2 A reciprocal parking easement over and across Parcels 1 and 2 The current location of the parking on Parcel 2 IS depicted on Exhlbrt A The owners of Parcels 1 and 2 may reconfigured the parkmg location on Parcels 1 and 2 so long as any such reconfiguratlon complies With at least the minimum parking reqUirements of the City of Spnngfield MUniCipal Code to support the use on Parcels 1 and 2 M ."'... RECORDING JU..uAN TO: Bret Fox Thomas Fox PropertIes 515 W PIckett Crrcle, # 400 Salt Lake CIty, Utah 84115 PRE-SllBMiTTAl REC'D JUN 3 0 Z008 , -, 1 3 A reciprocal easement over Parcel 1 and Parcel 2 for the construction, maintenance, and repair of the pnvate utilities The utilities Include, but are not limited to, SUB electnc, SUB water, phone, cable, gas, s~_nrt<3ry sewer serylce, and stonn draln~ge_sy~tems that s_erye the individual units Said pnvate utilities are located over and across said Parcels 1 and 2 although the exact locatIons of the underground utilities are not known ThiS easement IS Intended as a blanket easement to cover the utilities as they are currently located Any relocation of the eXisting utilities or construction of new utilities shall be approved by the owners of the Parcel encumbered by the utilities The owner (or the owners agent) of each unit shall have the perpetual nght to enteJ:upon the land contamlOg..utJhtles_atany_reasanable.1lme to_mamtaln and/or repair underground utilities on the condition that the property shall be retumed to the same condition as eXisted pnor to such maintenance and/or repair A sketch illustrating the approximate locations of the easements IS attached as Exhibit A 2 Easement PrOVISions The terms of these easements are as follows 2 1 Puroose The easements are for vehicular, bicycle and pedestnan access, dnveway use, parking, utilities, and maintenance of dnveway, parking areas and utilities The easements are Intended to benefit both Parcel 1 and Parcel 2 The use of the easements shall be on a regular, continuous, nonexclUSive, non- pnonty baSIS, benefiting the current owner and Its successors, assigns, lessees, mortgagees, Invltees, guests, customers, agents and employees These easement nghts shall not lapse due to failure to use the easements on a continuous baSIS 2 2 Use of Burdened Prooertv The owner or occupier of Parcels 1 and 2 shall have the nght to use their property, including the area descnbed In the easements, for any purpose prOVided the owner or occupier does not Interfere With the reasonable use of the easement as granted by thiS Instrument No building, shrub, tree or other physical Impediment shall be placed Within the easement area by any person In such a manner as to Interfere With or preclude ItS use as an access, dnveway and parking area for Parcels 1 and 2 2 3 Pnvate Grant The easement created by thiS Instrument does not constitute a dedIcation or grant for public use 2 4 Maintenance and Reoalrs The cost of normal maintenance or repair of the easements shall be apportioned equally between the owners of Parcels 1 and 2 The cost for exceptional or unusual maintenance or repair occasioned solely by the actions of the owner or occupier of one parcel only shall be bome exclUSively by the owner or occupier necessitating the repair or maintenance 2 5 Real Prooertv Taxes Real property taxes shall be paid by the fee title holder PRE-SUBMiTfAl REC'O JUN 3 0 2008 ..- 2 6 Matters of Record The easements created by this Instrument are subject to all liens, encumbrances, easements, reservations, restrictions, covenants and conditions of record 3 Enforcement If a-ny SUit, action, or other proceeding or appeallfierefrom, IS instituted to enforce, compel or clarify any right or obligation created In thiS Instrument, the prevailing party shall be entitled to receive from the adverse party, In addltron to costs and disbursement, an award of reasonable attorney fees to be set by the trial or appellate court 4 Successors In Interest Recordatron The prOVISions of thiS Instrument touch and concem, and relate to the use of Parcels 1 and 2 and are Intended to be covenants and restnctlons runmng With the land ThiS document shall be recorded In the Real Property Records of Lane County, Oregon AflThe provIsions of thiS Instrumenrincludlng the benefrts and burdens, are binding on and Inure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own either Parcel 1 or 2 5 No Mercer The easements created by thiS Instrument shall remain separate from the fee trtle, so It may run WIth the land and benefit the heirs, successors and assigns of the owners of the benefited properties ThiS Instrument and agreements herein are not subject to the doctnne of merger 6 Construction The reCitals and all exhibits attached to thiS Instrument are Incorporated herein by thiS reference Whenever reqUIred by the context, the Singular shall Include the plural, and the masculine shall Include the feminine, and vice versa Dated thiS _ day of 2008 PRE-SUBMlTIAL REC'O JUN 3 0 200B " DECLARANTS Skyvlew, LLC South Plaza II, LLC By By Its Its STATE OF OREGON ) ) ss ) County of Lane This Instrument was acknowledged before me on as of SkYVlew, LLC , 2008, by Notary Public for Oregon My commiSSIOn expires STATE OF OREGON ) ) ss County of Lane ) This Instrument was acknowledged before me on as of, LLC , 2008, by Notary Public for Oregon My 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