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HomeMy WebLinkAboutApplication APPLICANT 10/29/2008 ^ , :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 land Division Plat Partition, Subdivision Date Received: OCT 2 92008 Original Submittal . .. Phone: Applicant Name: Robert and Leslie Bell Icompany: \Address: 868 6th Street,. Springfield, OR 97477 _ '''__.: ....-*'!<<V~~_~ "'i'oI" ..,__"~;';':""LS' "'~::""".",p,;;;.::~j\.:':'~_:_'~0f"'.:;;C'-',.,,- ""&--,.~:-"- ,.A;L'K:..::<.:...;__~,C""',,::::,,:Y::Y,:.: _.1IIb' IAPPlicant's ~ep.: Dan Nelson, LSI I Company: Branch Engineering, Inc. b~dre.~~: ~."~! 10.s~~~~, Springfi:I~R, ~742l~"._ q'~_',_~"'_ KL I Property Owner: Robert and Leslie Bell Icompany: Same as above IAddress: .. .<!Ii;,"_.Z\M;~~':" ..".;'" '* _<_"""'^"""-"':"""k"::1.' ;;-'_.-~ _~'. 'A~mW#UI"<(_!X'<~,,,-...:"""""~..1.+(.I;<<:C', IASSESSOR'S MAP NO: 17-02-31-31 I TAX LOT NO(S): I Property Address: 300 33rd Street, Springfield, OR.97477 541.543.1043 Fax: Phone: 541.746.0637 Fax: 541.746.0389 Phone: 541.543.1043 Fax: _"'":'''''::"&'Z.:,.,,._~.~__'- 3500 Size of Property: Acres [gJ Square Feet 0 0.31 Proposed Name of Subdivision: L~WO' '~T._~.'- ,...<L'.k:...*'.i....._ .~.<t-.-..""';..~".,jc::;:-~ 'V!- ~'._"i'I'l"'*''' .,....' ~",'::1~ ......&.,.k:1:':..::..;,....~~=. -. "jL:.~'''.::;':= -: ~_ . I Description of If you. are filling in this form by hand, please attach your proposal description to this application. Proposal: To partition a single lot into two parcels. Existing Use: I Tentative Case #: SUB2007-0005l I Avg. Lot/Parcel Size: 6752 I Densitv: . 6.5 du/acre rint our name and date in the a riate box on the next Residential -. . . - Associated Applications: )5V' 2m""";:( - ~cS L~,O ') . %uP, '2w'1-- &.bs-( ({e~\- I Pre-Sub Case No.: PyC;?tb<7,- (fc:f)~ Date: t,- J ...L'0, Reviewed by: Icase No.: ~<R """AA,;;\ - ~ +- Date: !c,(2...9(otf:::, Reviewed by: ~ I IAPPlication Fee: -$ ;) l,q 1- I Technical Fee: $ . 135. 6S-- I Postage Fee: $0 I /TOTAL FEES: $ PROJECT NUMBER: ~((,\ ~l- Ero,.CO --., ..C"".=,,""""'iU'H.~."""';_H"""""";; Revised 1{1{08 Molly Markarian ~'''''m...W I ~..""" I I I I - , I I I 1 of 6 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. Owner: Date: Signature Robert and Leslie Bell 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, I affirm the information identified by the City as necessary for processing the application is provided herein 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: 'tJ/u.A~ ~LJ!L Signature f . Date: /0 - cJ.-CJ--()Y Robert and Leslie Bell Print Date Received: I. OCT 2 9 2008 Original Submittal I~. Revised 1/1/08 Molly Markarian 2 of 6 o Post Monumentation Deposit as required for subdivisions only. City Survey Section \ has current fee. schedule and templates. Location of Any Floodways in accordance with SDC 3.3-400. Existing Easements Clearly Identified with Their Recorded Reference. 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. o o o land Division Plat Submittal Requirements Checkiist 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. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. ~ Land Division Plat Application Form [gJ 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. [gJ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. [gJ Copy of the Mylar on Bond Paper [gJ Original and Copy of all Required Documents with signatures where appropriate. Date Received: OCT 2 9 2008 Original Submittal Revised 1/1/08 Molly Markarian 6 of 6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2008-00047 SUB2008-00047 Payments: Type of Payment CreditCard cReceintl RECEIPT #: Description CTY Partition Plat + 5% Technology Fee Paid By ROBERT E BELL 1200800000000001096 C af Springfield Official Receipt Development Services Department .Public Works Department Date: 10/29/2008 Item Total: Check Number Authorization Received By Batch Number Number How Received tj 0455 I c In Person. Payment Total: Page J of 1 i' Date Received: ;:.' ocr 2 9 2008 Original SUbniitt~1 8:45:53AM Amount Due 2,677.00 133.85 $2,810.85 Amount Paid $2,810.85 $2,810.85 10/29/2008 ~ll i OF SPRlN~"I~LD VICINITY MAP SUB2008-00047 300 33rd Street - !/j !/j !i? Q Gl Z a: :t '" I-;- '" tl '" SITE Map 17-02-31-31 Tax Lot 3500 North + Date Received: OCT Z 9 2008 Original Submittal 10/26/2006 15: 13 FAX 503 315." FNT CUST SVC 141 002/006 e Fidelity National Title Insurance Company 200 Hawthorne Ave., Sle. A-100, Salem, OR 97301 (541)683-5422 FAX (541)344-4534 SUPPLEMENTAL LAND PARTITION GUARANTEE FOR THE PROPOSED ORDER NO.: 4608005085-FTEUG25 DATED: October 23,2008 FEE $ 200.00 Fidelity National Title Insurance Company GUARANTEES Any County or City within which the subdivision or proposed subdivision is located. That the estate or interest in the land which is covered by this Guarllntee is: A Fee According to the pUblic reGords which Impart constructive notice of matters affeGting title to the premises desGribed on Exhibit "One", we find that as of July 2, 2007, at 12:55-PM the last deed of record runs to: Leslie L. Bell and Robert E. Bell, as tenants by the entirety We also find the following apparent encumbrances, which include 'Blanket Encumbrances' as defined by ORS 92.305(1), and also easements, restrictive covenants and rights of way. 1. Taxes or assessments which are not shown as existing liens by the reGords of any taxing authority lhat 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 ReGords. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be aSGertained by an inspeCtion of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the PubliG Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; waterrights, claims or title to wllter. 4, Any encroachment, encumbrance, violation, variation, or adverse cirGumstanGe affecting the Title that would be disclosed by an accurate and complete land survey of the Land, The term "enGroachmellt" includes encroachments of existing improvements 10cllted on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5, Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, Imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS Date Received: OCT 2 9 2008 FDOR04JO,r<lw Original Submitt~1 10/28/2008 1513 FAX 503 315 ~ FNT CUST SVC ~ 003/008 Order No. 4608005085-FTEUG25 6. Property Taxes are as follows: Fiscal Year: Amount: Levy Code: Account No.: Map No.: 2008-2009 $1,463.61, plus interest, ifany 19..Q0 . .0121143 17-02-31,31-03500 7. City liens in favor of the City of Springfield, if any. 8. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the plat of said propertY. Purpose: Public ulllities and incidental purposes Affects: As shown on plat 9. Covenants, conditions, restrictions, but omitting any covenants or restrictions, if any, ba;;ed upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as setforth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in docu ment Recorded: July 17, 1947, Reception No. 44233 10. Easement(s) for the purpose(s) shown below and rights incidentallhereto as granted in a document; Granted to: City of Springfield Purpose: Sanitary sewer Recorded: March 15,1963, Reception No. 3241. 11. Easement(s) in vacated street area for the purpose(s) shown below and rights incidental thereto, reserved by vacating order Ordinance No. 3704, #1696 Purpose: Utilties ' Recorded: November 2e, 1977, Reception No. 7776075. Conditions as set forth in the easement document shown hereinabove, Reference is made to said document for full particulars. 12. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Grantor: Trustee: Beneficiary: $127,50000 June 26, 2007 Leslie L. Bell and Robert E. Bell First Amencan Title Insurance Co. ABN AMRO Mortgage Group, Inc., a Delaware Corporation Recorded: July 2,2007, Reception No. 2007-045135. END OF ITEMS AND EXCEPTIONS Date Received: OCT 2 9 2008 FDOR0430,rdw Original Submittal 10/26/2008 15: 13 FAX 503 315' ? FNT CUST SVC @ 004/006 Order No.: 4608005085-FTEUG25 . A. Property taxes for the fiscal year 2007-2008, paid in full. Amount: Account No.: Map No.: Levy Code: $1,324.76 0121143 17-02-31-31-03500 19-00 B. There are no judgments of record against Leslie L Bell or Robert E. Bell. C. There are no tax liens of record against Leslie L. Bell or Robert E. Bell. We have also searched our General Index for judgments and state and federal liens against the grantees named above and find: . 1. Use only for Endorsements Or Commitment creation. . This is not a report issued preliminary to ttie issuance of a title insurance policy. Our search is limited and its use is intended as an informational report only, to be used in conjunction with the development of real property. Liability is limited to an aggregate sum not to exceed $ 1,000.00 . Fidelity National Title Insurance Company By: Patty Smith NOTE - ORS 92.305(1) reads as follows: "Blanket encumbrance" means a trust deed or mortgage or any other lien or encumbrance. mechanics' lien or otherwise, securing or evidencing the payment of money and affecting more Ihan one interest in subdivided or series partitioned land, or an agreement affecting more than one such lot, parcel or interest by which the subdivider, series partitioner or developer holds such subdivision or series partition under an option, contract to sell or trust agreement. Date Received: OCT 2 9 2008 . Original Submittal FDOR04JO.rdw 10/26/2008 15: 14 FAX 503 315 , .FNT eUST sve I4J 005/006 Order No.: 460e005085-FTEUG25 The premises are in Lane County and are described as follows: Lot 39, OLD WINDMILL TRACT, as platted and recorded in Volume 13, Page 24, Lane County Oregon Pial Records, in Lane County, Oregon. FDOR04JO.rdw EXHIBIT "ONE" Date Received: OCT 2 9 2008 Original Submittal 10/26/200815:14 FAX 5033150'2 . ~ :'< " ~ .. .. 3700 .r 6'1' ;.zr3 (J'~ 1".2$" / 390.', ,,4, I It 1"_0 P.'lt\{o'~ y~' /jJk / U' 40 .U' f Nil '.l1".3,.;: Q} J \ . ~,~'/~'H' ,,~\\~ ~t, 'N.IJ'"...t.r!1(JNIY- \ -~.p, I .,." Fr F 8. 1'5 ' ~~ '4100 - ~ 4101~~~\ , ~1'1 ~ ~ w ~ ~~,~ ~ -'" .. ~ ~ l\ ~ :t,: ~ J'8.'''' 121 1'7' ./8J1...lP'~"" 1".Jt:T' 3400 41 /.:1.5' 3601 , " . ..~ ~ ~ . lo. 0; ~ 3500 ./AS" . ~ 3600 - ,,.. ""'", ~~:..- ._~~ ~I . " e.: '" ~: ..: ,'" .. ' ,Ill ~ 1:>. ~' ...:. 811' ?~~r'" $'...... .- 4202 4200 , ... ' ~ :'< " " 13 14 ----- (4201>--. _ ~ .L.'Z.I'\.O ~ <":~--- 38 /..25' I- W W a::: l- (/) FNT CUST SVC , ~ .~ ~ .. :- .. . .. ~\ r-. en f.8r~,,'~".L /.-.2S'" f,p'..,rJl'30"L /~S'; 3300 21 ./3"C 8' 3200 20 /r6'.r 3100 19 ./".7' 3000 18 /6'8.~' .. 290~,r;\ ~\~~J f "O..zl";(J':E. . FIDELITY NATIONAL TITLE COMPANY " '" -'"< I , I ~I ,'/ i~/ ~Y/ t. .. I't . .~ , ~ Date Received', OCl ~ 9 2008 Original submittaL ~ 006/006 , ~ , ~ . ~ ,~ " ''l . .. ~~ '" . . 'l> '.. .... , ~ ~ , ~ : , : I . : : , . Thi.. .ketch above i. made .olely for the purpose of IlSsisting in locating .aid premises and the company "".urnes nO liability for van'lion:;. if any, indimeosions and location .scertained by actual survey. Map # 17 02 313103500000 ReCORDlNG ReauESTED BY FIDeliTY NATlONAl'TITlE COMPANY OF OREGON AFTER RECORDING RETURN" FIDELITY NjlTIONAL TITLE INSURAI,_" COfllPA~l,{ OF OREGON 800 V ILLAME11E ST., #000 E IGENE, OR 97401 GRANTOR'S NAME Sharon.B. Long- GRANTEE'S NAME Leslie L.8ell and. Robert E. Bell SEND TAX STATEMENTS To: Leslie L Bell and Roben E. Bell 868 6th Stree. Springfield, OR 97477 / Division of Chier Deputy Clerk Lane County Deeds and Records lOO1-D45IJf' AFTER RECORDING RETURN TO: Leslie L. Bell and RobenE. Sell 868 6'" S"e.." Springfield, OR 97477 U~l~lWJm~llijWlli!WWllllI 11111"" $26,00 07/02/2007 12:55:42 PM CASHIER 07 RPR-DEED ent::1 Stn=6 15.00 SII.oo SIO.oo I :;)".......t: ....tlvvt: '"101 ulllt:;r-UI1 nt;"'Ul"IUt:11 ::. u::.ri STATUTORY WARRANTY DEED Sharon.B..Long, Grantor, conveys and warrants to Leslie L. Bell end Robert E. BeU. 8S tenants by the entirety, Grantee, the following described real propeny, free and clear of encumbrances except as specifically set fonh below. situated in the County of Lane, State of Oregon, ('1;, Lot 39. OLD WINDMILL TRACT, as planed and recorded in Volume 13, Page 24,Lane County Oregon Plat Records, in lane County, Oregon. . Subject to and excepting: Rights of the Public, Covenants. Conditions, Restrictions and Easements of record, if any. 8EFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE A80UT THE PERSON'S RIGHTS, IF ANY. UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRI8ED IN THIS INSTRUMENT IN VIOLATION OF APPLlCA8LE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENTTO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGH80RING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $170,000.00 ISee ORS 93.0301 DATED: Jun. 26..2007 ~.,.t\.A.r Sharon. B. Long ~ 'fl"-' '- e Date Rece\ved: OCT 2 9 2008 ST ATE OF OREGON COUNTY OF I {l'-VLQ" Orioinal Submittal _,.......,~,_.,.~.l.., ... "~.'~"'-~SfAL ._ ~1lMIE!l . ""AllY l'UlUC,llRSlOM ~ COJ..-.....NO.3IiiIIDSI . llI'~_tOI. "...., i.l'i..~'. This instrument was acknowledged before me on \'1U..~ ~T. CX:o T (hlllrt'tA...B. loon ,~,- NOTAR~P\J~!,.It-:;\;I"~N MY COMMISSION EXPIRES: WiS-CXb9 FORD-313 IRlIv21961 (OSWdDld.wpd]I05-06) STATUTORV WARRANTY DeED III D~"\tl6~ Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield OR 97477 DECLARATION OF RESTRICTION BE IT KNOWN, that Robert and Leslie Bell do hereby declare a restriction over the following , described property: SITUATED in the Northeast 1/4 of the Southwest 1/4 of Section 31 in Township 17 South, Range 2 West of the Willamette Meridian in Lane County, State of Oregon and described as follows: BEING all of Parcel 2 of Land Partition Plat No. recorded in the Lane County Partition Plat Records in Lane County, Oregon, as platted and SAID RESTRICTION, unless otherwise authorized by the City of Springfield, requires future access to Parcel 2 be limited to a ~ingle access point, located as far north as is reasonably possible, approximately 35 feet south of the intersection of the North and East property lines. , IN WITNESS WHEREOF, Robert and Leslie Bell have executed this Declaration of Restriction on this t2... day of t)ti.frdb()X' ,2008. ''-#?br?~' Robert Bell ~f,-",~~ Leslie Bell STATE OF OREGON ) )ss ) County of Lane There personally appeared before me the above named Robert Bell and Leslie Bell who are known to me to be the identical individuals who executed the foregoing instrument and do hereby acknowledge said instrument to be their voluntary act and deed. (...------.------- -----~-.\ (.- OFFICIAL SEAL " I ,GAIL A WAISANEN I I \ ./ NOTARY PUBLIC - OREGON ! J '"" COMMISSION NO. 419581 , (;. MY COMMISSION EXPIRESJ,U':" 2~. 3,D;! _ j I ,~__.___________. k .-, - , ".I " ~U~ Notary Public for Oregon My Commission Expires:~kl 2~, 2.0 I} Date Received: OCT 2 9 2008 Original submittal .,' ";.~ IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construc1ion 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 Robert and Leslie Bell 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 SUB2007 -00051 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 irnprovements described in Paragraph 6 in accordance with respective cost assumption policy established by City at tt"ie time the Gity 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 & 33'd Street to include: [gJ surface paving; [gJ storm sewers; U sanitary sewers; ~ curbs; [gJ gutters; 0 planter strips; 0 street trees; [gJ street lights; [gJ sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS Date Received: OCT 2.9 2008 (Bar Code Sticker) Original SubmlitaJ AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z:\2007\07.152 ANDERS HARSTAD BELLISURVEY\FINAL PLAT\APPlICATION DOCUMENTSllmprovement Agreement for BOTH Streets.doc REVISED August, 2007 Page 1 of4 " 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. Date Received: 7, LEGAL DESCRIPTION: OCT 2 9 2008 SEE EXHIBIT "A" . ATTACHED HERETO AND INCORPORATED HEREIN BY REF~i9iM!Submittpl AKA: Tax Map & Lot No,: 17-02-31-31 TL 3500 Property Address: 300 33rd Street, Sprinqfield, OR 97477 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. .A.pplicant 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 d,istrict or any related matters orally or in ~~. . 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:\2007\07-152ANDERS HARSTAD BELL\SURVEY\FINAL PLATlAPPLlCATION DOCUMENTSIlmprovement Agreement for BOTH Streets.doc REVISED August, 2007 Page 2 014 WHEREFORE, the parties have hereunto set their hand this day of OC'4-0bt'"Y' , 20~ t.t... SIGNATUREjSI.: PRINT NAME(S): 'RDbe.~T 2. ~c (( '-R~..r €-BJl.p L -e.~/I' e.. tse..li . ,-..:..,.0. e....:.:- 4L.e.-c ,_/ '-.... STATE OF OREGON COUNTY OF OreQon Jss BE IT REMEMBERED that on this 2.1... day of 0 c..~bex- ,2008 before me, the undersigned, a notary public in and for said County and State, . personally appeared the within name~"v-+ " :"Be. II t Le..:5 \ Ie. -0 E..\ \ whose identity was proved to me on the' basis of satisfactory evidence and who executed the within instrument and acknowledged to me that they 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. r-~--- -~;;,;;~~ ;E;~---~; : .. : GAIL A WAISANEN I I \. i NOTARY PUBLIC. OREGON i I '." COMMISSION NO. 419581 , I MY COMMISSION EXPIRESJUlY 28, 2011 'f.. ,~_ _ .~<__ ___ ,_ '-";::";~_ _ ______.iA' ~a~v Notary Public for Oregon -JI-/lu Le,U'=>ll My Commission Expires CITY OF SPRINGFIELD Reviewed and approved By (No notary required) Development Services Department, Planning Division Accepted by Dennis P. Ernst - City Surveyor STATE OF OREGON COUNTY OF OreQon } SS BE IT REMEMBERED that on this day of , 200Lbefore me, the undersigned, a notary public in and for said County 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 TESTIMONYWHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Date Received: Notary Public for Oregon OCT l 9 2008 My Commission Expires Originai Submittal Z:\2007\07.152 ANDERS HARSTAD BELL\SURVEY\.F1NAL PLATlAPPlICATION DOGUMENTS\tmprovement Agreement for BOTH Streets.doc REVISED August, 2007 Paga3of4 EXHIBIT"A" . LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY; STATE OF OREGON IN THE SOUTHWEST Y. OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WESTOF THE WllLAMETTE MERIDIAN AND DESCRIBED AS FOllOWS: PARCELS 1 AND 2 OF lPPN 2008-P , RECORDED , 2008 IN' LANE COUNTY PARTITION PLAT RECORDS, LANE COUNTY OREGON. -, ,.".,. . !Date Received: OCT ( ~' zu!.!~ Original SUOrrll!l<,;_____....,___ . Z:\2007\07-152 ANDERS H~STAD BELLISURVEY\FINAL PLAT\APPLlCATION DOCUMENTS\lmprovemenl Agreement for BOTH Streets.doc REVISED August, 2007 Page4of4 "