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HomeMy WebLinkAboutApplication APPLICANT 12/2/2008 ;City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision Date Received: DEe - 2. 2008 Original submittal Applicant Name: Duane Kn ights Phone: 726-2960 Icompany: Fax: IAddress: 3600 Garden Ave, Sprin.gfield OR 97478 , - - .$2'_'"'' -"~ --" <_'l'!....., Applicant's Rep.: Renee Clough, PE, PLS Phone: 746-0637 Company: IAddress: , 1 Property Owner: same as applicant Icompany: IAddress: , IASSESSOR'S MAP NO: 18-02-06-42 I Property Address: 3600 Garden Ave 1 Size of Property: 56,829 sq ft = 1.3 acres Acres 0 Square Feet 0 I Proposed Name of Subdivision: partition l'lat for Duane A. and Susan E. Knights I . ,@_ ,-,_...- -, _"""'- "".~.-..;~,,_. -"c.';'~'"....,'. '>"" I Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: This is a final plat application to complete an approved tentative partition. 1 Existing Use: single family residential 1 Tentative Case #: SUB2007-00014 1# of Lots/Parcels: 3 IAVg. Lot/Parcel Size: 18,943 sf 1 Density: 2.3 du/acre Si natures: Please si nand rint our name and date in the a ro riate box on the next Branch Engineering, Inc. Fax: 746-0389 310 5th St, Springfield OR 97477 Phone: Fax: ITAX LOT NO(S): 2600 . ,-- Associated Applications: 9u r; 'J .I7\::J - C:ID1L; (~'\ Pre-Sub Case No.: ?~t~DCfl,-OOOtt4 Date: &( t()/O'R Icase No.:.sub~c6 - C%OS'L Date: 12.-/2.../0.q-, Reviewed bY:~C:- IAPplication Fee: $ -J Co Tt, ou ITechnical Fee: $ 1'33 _ <Z,. 0;;:- I Postage Fee: $0 ITOTAL .~~~~: $ 7 ,.-;;, I () 6 S- PROJECT NUMBER: ~ )?0?~::-CCC4to I L-e'P'z...~.. 6isD~ (e~.-kw 1-120) . Q~ Reviewed by: Revised 1{1{08 Molly Markarian 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 Duane Knights Print Submittal Owner: 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 servesj1'''tten notice pursuant to the requirements of ORS 227.178 pertaining to a J~"~"'~ Date, /D-,.... ,,~ Signature / )/ L Duane Knights Print Date Received: DEe - 2 2008 Original submittal 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 o'lder 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 vesting deed (must vest title to the owner listed on the plat), existing easemerit deeds, and documents listed as exceptions in the title report, etc. 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. ,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 against the property to be recorded simultaneously with the plat IF any public dedications or easements are being made and/or any other interests are being transferred to the public per ORS 92,075 (2-4), Copies of Wetland Documents as required, Copies of ODOT Access Permits as required. Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template. ~ ~ ~ ~ ~ o o o o o Verification that Street Tree Agreement is in Progress as required. Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs9~te Received: required, DEe - 2 2008 Revised 1{1{08 Molly Markarian Original submittal 5 of 6 o ' Post Monumentation Deposit as required for subdivisions only, City Survey Section has current fee schedule and templates, o Location of Any Floodways in accordance with SDC 3,3-400, [g] Existing Easements Clearly Identified with Their Recorded Reference, [g] 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. [g] 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. [g] Land Division Plat Application Form [g] Two (2) Copies of the Deed [g] Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat, [g] Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp, [g] Copy of the Mylar on Bond Paper [g] Original and Copy of all Required Documents with signatures where appropriate, Date Received: DEe - 2 2008 Original Submittal Revised 1{1{08 Moliy Markarian 60f6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2008-00052 SUB2008-00052 RECEIPT #: Description CTY Partition Plat + 5% Technology Fee Payments: Type of Payment. Paid By Check cReccintl DUANE A KNIGHTS City 'pringfield Official Receipt DevelOpment Services Department Public Works Department 3200800000000000771 Date: 12{02/2008 Item Total: Check Number Authorization Received By Batch Number Number How Received tj 7419 In Person Payment Total: Date Received: DEe - 2 2008 Original Submittal Page 1 of 1 9:18:38AM Amount Due 2,677.00 133.85 $2,810,85 Amount Paid $2,810.85 $2,810,85 12/2/2008 CITY OF SPRINGFIELD VICINITY MAP SUB2008-00052 3600 Garden Avenue ~.~ -~~-1--J jC '____ <D __ DU/{€ S1- ~ I -__ ::---3 ____ ---- :5' --- -. -- -..:: c___ 1\ . "I)EN AVE ~ ...'- . ~ -- --::--- -- ~'-- SITE Map 18-02-06-42 Tax Lot 2600 North + Date Received: DEe - 2 200S Original Submittal ;)! . ' \5'''''' 0' l -' \' 18020642U26oo/0564623 r Division of Chief Deputy Clerk Lane County Deeds and R. ds 20~s..o17257 II III 111111111111 11111 I III 11IIIIII 11111 I IUIIII $36.00 10.7539720050017257003003603/141200501:28:15 P" RPR-DEED Cnt=1 Stn=4 CASHIER 02 $15,00 $11.00 $10.00 Ancr Recording: RClUrn To WeSICl"ll Pioneer Tille Co. PO Box 10146 Eugene, OR 97440 "( A>> Ii_/ ~~,(o.,~ - - ~ ""'" After recording retum to: First American Title PO Box 10146 Eugene, OR 97401 Until a change is requested all.tax statements shall be sent to the following address: Duane A. Knights and Susan E. Knights 2258 33rd Street Springfield, OR 97477 File No.: 7191-S29534 (wkc) Date: - February 25, 2005 STATUTORY WARRANTY. DEED Phil Gerwig, Grantor, conveys and warrants to Duane A. Knights and Susan E. Knights, husband and wife as tenants by the entirety, Grantee, the following described real property free of liens and encumbrances, 'except as specifically set forth herein: See Legal Description attached hereto as Exhibit A and by this reference incorporated herein, This property is free from liens and encumbrances, EXCEPT: 1, Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, induding those shown on any recorded plat or survey, THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERlY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIDNS: BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERlY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNlY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEANED IN ORS 30,930. . The true consideration for this conveyance Is $130,000.00. (Here comply with requirements of ORS 93.mO) Dated this 4th day of March, 200S, Date Received: DEe ~ 2 2008 Page 1 of 3 Original submittal '",--"~~_..~~.~,~.., ,. ~~._" .,~,"W' .~., --_._<~, ~..._.- ~ ~ -'~'-'..' ~-'" .-...- . ~<-~-~~. " - "6-' '0 /> 12', I (~6, ~$-'? ,~ . ~ ; ': , APN: 0564623 ~ Phil Gerwig STATE OF /)f~doj TEXAS File No,: 7191-529534 (wkc) DaI2: 02/25/2005 ~ '-? lWANA G, KENT Notary Public, Stale ol Tew My C,.""";',;',, Expires 3-7.2006 .~^ '.'n~",,,,,,,,~,,,,,~,.,,,,, _.'.... .,.., '<.._.._.....F.__ ) )ss. County of UrIqI TARRANT ) This Instrument wa5 acknowledged before me on th"k' ~Ch by Phil Gerwig. -- , .-..:-------=-/, '/ --- Notary Public fo!"-:':;, _~_..7exa..., My commission expires: '3 - 7 ~6 l.. , Page, 2 of 3 .~ ~_~._~ ._." ~., ". ,_. - .u,_~ "~.." - .~ _~_ ~ _.. d_ ".____ . zoOS--- Date Received: DEe - 2 2008 Original Submittal ~ . . . APN:0564623 StatutxllY Warranty Deed - continued RleNo,: 7191-529534 (wI<c) Date: 02/25/2005 EXHIBIT A LEGAL DESCRIPTION: Beginning at the Southwest comer of THIRD ADDmON TO MEADOW GREEN ESTATES, as platted and recorded In Book 65, Page 27, lane County Oregon Plat Records; thence along the South line of THIRD ADDmON TO MEADOW GREEN ESTATES, South 80 degrees 18' 21" East 182.35 feet; thence continuing along the said South line North 0 degrees 12' 23" East 49.39 feet; thence continuing along said South line South 79 degrees 34' East 141.94 feet to the Southeasterly corner of Lot 2, Block 3 of said THIRD ADDmONTO MEADOW GREEN ESTATES, the TRUE POINT OF BEGINNING of the tract hereinafter described; thence continuing along said South line South 79 degrees 34' East 283.88 feet to the East Southeast corner of THIRD ADDmON TO MEADOW GREEN ESTATES, said point also being the Southwest corner of FOURTH ADDmON TO MEADOW GREEN ESTATES, as platted and recorded in Book 68, Page 5, lane County Oregon Plat Records; thence along the South line of said FOURTH ADDmON TO MEADOW GREEN ESTATES, South 79 degrees 34' East 143,08 feet to the Southeast comer of said Fourth Addition; thence South 0 degrees 05' 17" West along the Westerly right-of-way line of laurel Street 112,10 feet to its Intersection with the:Northerly right-of-way line of Garden Avenue; thence North BO degrees 24' West 146,64 feet to the Westerly end of said right-of"way; thence South 0 degrees 05' 17" West 30.43 feet to a point on, the centerline of vacated Garden Avenue; thence North BO degrees 24' West along the centerline of said vacated Garden Avenue 279.53 feet to a point bearing South 0 degrees 12' 23" West 148.77 feet from the True Point of Beginning of this description; thence North 0 degrees 12' 23" East 148.77 feet to the TRUE POINT OF BEGINNING, being in Section 06-42, Township 18 South, Range 2 West, Willamette Meridian, in lane County, Oregon, - Date Received: DEe - 2 2008 Page 3 of 3 Original Submittal ;. ". / DEDICATION OF A PUBLIC ROAD EASEMENT Duane A. Kni!!hts and Susan E. Kni!!hts. hushand and wife GRANTORS, grant and dedicate to LANE COUNTY, a political subdivision of the State of Oregon (GRANTEE) a public road easement on and over the following described property: A parcel of land lying in the Southeast one-quarter (SE 11.) of Section 6, Township 18 South, Range 2 West of the Willamette Meridian, and being the eastern most 5,00 feet, by perpendicular measurement, of the lands conveyed to Duane A. Knights and Susan E. Knights, husband and wife, by that certain Statutory Warranty Deed, recorded on Recorder's Reception Number 2005-0] 7257, Lane County Oregon Deed Records, said parcel being more particularly described as follows: Beginning at the northeast comer of said lands; Thence along the east line of said lands South 00005'06" East, ] 12.17 feet to the northerly right-of-way line of Garden Avenue; Thence along said line North 80022'00" West, 5.07 feet to a point that lies on a line paralle] to and 5,00 feet, by perpendicular measurement, westerly of the line bearing South 00005'06" East; Thence along said parallel line North 00005'06" West, ] ] 2,24 feet to a point on the north line of said lands, said point also being the Southeast comer of Lot 8, Block 3 of the Fourth Addition to Meadow Green Estates, as platted and recorded in Book 68, Page 5, Lane County Oregon Plat Records; Thence along said north line South 79032'26" East, 5.09 feet, returning to the Point of Beginning, in Lane County, Oregon. ' The bearings used herein are based upon a Partition Plat for Duane A. Knights and Susan E. Knights to be filed as a survey in the Office of the Lane County Surveyor, ' It being the intent herein to acquire right-of-way for Laurel Avenue (County Road Number ]827) which, with this dedication, will result in a right-of-way width of 30.0 feet from centerline as said road abuts the GRANTOR'S property, There is no consideration for this dedication. Said parce],being forever dedicated to the use of the public for road purposes and granting a public road easement, Date Received: DEe - 2 2008 Original Submittal ' DEDICATION: Laurel Avenue (Co.Rd. No, 1827) Pa.ge 1 oi2 C:\Documents and Settings\reneec\Local.Settings\Temporary Internet Files\Content.Outlook\L9T8FUVX\LaurelAveDED.doc (tdm) After recording return to Lane County Surveyor's Office, 125 E. 8th Ave., Eugene, OR 97401 .. "',' t,3 Dated this ./-6) day of _ +.;? ~bpy , 2008. D~~" -71' STATE OF OREGON ) COUNTY OF LANE ) ss. The foregoing instrument was acknowledged before me this 2008, by Duane A. Knights ' ' day of Notary Public for Oregon My Commission expires: Dated this IS day ofocJ...r:,be.r ,2008, J~_~~~~ ~ Susan E, Knights---C! STATE OF OREGON) COUNTY OF LANE ) ss. The foregoing instrument was acknowledged before me this 2008, by Susan E. Knights 13 day of~, r-.- ,:;- ---;;-;~LS~A~---'"1;' I' " GAIL A WAISANEN I '\. j NOTARY PUBLIC. OREGON I " ".,.... COMMISSION NO. 419581 , ~ '" ..M~~M~~s.!.O~E~P'..fl~~~~'IO,=,J ./J-/t2k ' --= Notary Public for Oregon My Commission expires:.,,).. \ \..I 'II fA. 2L> I ) I ~ DEPARTMENT OF PUBLIC WORKS LAND MANAGEMENT DIVISION The Board of Commissioners hereby accepts arid approves for for recording this dedication as described herein, Approved ,2008 LANE COUNTY BOARD OF COMMISSIONERS Bv Matt Laird, Division Manager By Chair Date Received: DEDICATION: Laurel Avenue (Co,Rd. No. 1&27) Page 2 of2 C:\Documeiits and Sertings\reneec\LocaJ Settings\Ternporary lOtemet Files\Content.OutJook\L9T8FlNX\LaurelAveDED,doc (tdm) DEe - 2 2008 After recording return to Lane Couilty Surveyor's Office, 125 E. 8th Ave., Eugene, OR 97401 Original Submittal Recorded at the request of and after recordingretum to: Branch Engineering, Inc, 310 Fifth Street Springfield, OR 97477 DE CLARA TlON OF PRIVATE WELL AND PRIV ATE WATERLINE EASEMENTS The true and actual consideration for this declaration is other than monetary. RECITALS: 1) DUANE A. AND SUSAN E, KNIGHTS, Grantors, are the owners of the lands that are described in that Statutory Warranty Deed that was recorded March 14, 2005 at Recorder's Number 2005-01725,7 in the Official Records of Lane County, State of Oregon, 2) The Grantors are dividing said real property into three parcels as shown on Land Partition Plat No. 2008-P as partitioned and recorded in Lane County Oregon Partition Plat Records, 3) The Grantors desire to create easements and define maintenance responsibility on certain areas and facilities for the benefit of future owners of the parcels as described below. DECLARATION OF EASEMENTS: A) RasementCreated: DUANE A. AND SUSAN E, KNIGHTS hereby create a perpetual easement for the benefit of Parcels 1 and 2 over that certain area designated as "5,00- FOOT PRlV ATE WATERLINE EASEMENT" on said partition plat as said easement lies in Parcels 2 and 3 for private waterline purposes, Easement Created: DUANE A, AND SUSAN E, KNIGHTS hereby create a perpetual easement for the benefit of Parcels 1 and 2 over that certain area designated as "PRIV ATE WELL EASEMENT" on said partition plat as said easement lies in Parcel 3 for joint use private well purposes, Use of the Burdened Prooertv: The owners or occupiers of the parcels 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 Maintenance and Reoairs: The. cost of any maintenance or repair of the waterline and well improvements within the easement areas shall be split equally between the owners of Parcels 1, 2 and 3, Successors in InterestThe provisions of this instrument touch and concern, and relate to the use of Parcels 1, 2 and 3 of said partition, 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 parcels, B) D) E) F) I IN WITNESS WHEREOF, we have executed this DECLARATION OF PRlVATE WELL AND PRlVATE WATERLIN~~MENTS on this r"'( day of c:::r4nhe.J'C:' ,2008, &Klli;.f~u - -1~ru~cr~ STATE OF OREGON ) )ss County of Lane ) On this I ~ day of Qcffibe/r- , 2008, before me personally appeared Duane A. Knights and Susan E, Knights and acknowledged the foregoing instrument to be their voluntary act and deed, .---------~~~~~~~~~~~. oe OFFICIAL SEAL . I (." GAIL A WAISANEN' I I \. ./ NOTARY PUBLIC. OREGON I I '"," COMMISSION NO, 419581 I , MY GOMMISSION EXPIRES JULY 26,2011 J 1"'- -:: =_______.____________01 LfJ () (// Notary Public for Oregon Date Received: DECLARATION OF PRlV ATE WELL AND PRlV A TE WATERLINE EASEMENrd: - 2 2008 Page I of 1 Original Submittal " Recorded at the request of and after recording return to: Branch Engineering, lnc, 310 Fifth Street Springfield, OR 97477 DECLARA nON OF TEMPORARY PRIVATE ACCESS EASEMENT The true and actual consideration for this declaration is other than monetary. RECITALS: I) I DUANE A, KNIGHTS AND SUSAN E, KNIGHTS, Grantors and Grantees, are the owners of the lands that are described in that Statutory Warranty Deed that was recorded March 14, 2005 at Recorder's Number 2005-017257 in the Official Records of Lane County, State of Oregon. 2) FLOYD TOM O'NEILL AND LORNA O'NEILL, Grantors and Grantees, are the owners of the lands that are described in that Statutory Warranty Deed that was recorded October II, 2005 at Recorder's Number 2005-080666 in the Official Records of Lane County, State of Oregon, 3) RON HIEBENTHAL AND SUSAN HIEBENTHAL, Grantees, are the owners of the lands that are described in that Warranty Deed - Statutory Form that was recorded March 26, 2001 at Recorder's Number 2001-016543 in the Official Records of Lane, County, State of Oregon, 4) Duane A. Knights and Susan E, Knights are dividing said real property into three parcels as shown on Land Partition Plat No. 2008-P ,as partitioned and recorded in Lane County Oregon Partition Plat Records, DECLARA nON OF EASEMENTS: A) Easement Created: Duane A. Knights and Susan E, Knights and Floyd Tom O'Neill and Lorna O'Neill hereby create a perpetual easement for the benefit of Parcels 2 and 3 of said partition, the lands of Floyd Tom O'Neill and Lorna O'Neill and the lands of Ron Hiebenthal and Susan Hiebenthal over that certain area designated as "VARIABLE WIDTH TEMPORARY PRIVATE ACCESS EASEMENT" on said partition plat as said easement lies in Parcels 2 and 3 and the lands of Floyd Tom O'Neill and Lorna O'Neill for private access purposes, B) Use of the Burdened Prooertv: The owners or occupiers of the parcels 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. This is not intended to exclude standard access and operations by emergency and service vehicles including but not limited to fire trucks, ambulances, police, meter readers, moving trucks, garbage trucks, landscaping services and appliance repair vehicles, C) Maintenance and Reoairs: The cost of any maintenance or repair of the driveway improvements within the easement areas shall be split equally between the owners of Parcels 2 and 3 and the owners of the lands of Floyd Tom O'Neill and Lorna O'Neill. D) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of Parcels 2 and 3 of said partition and the lands of Floyd Tom O'Neill and Lorna O'Neill and the lands of Ron Hiebenthal and Susan Hiebenthal, 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 parcels or lands, E) Easement Exoiration Due to Riqht of Wav Dedication: This access easement shall automatically expire if the easement area is dedicated as Garden Avenue right-of-way. Said access easement shall also automatically expire if the lands benefitting from the easement are served by an alternate alignment of public right-of-way that does not cover the easement area, Date Received: DEe - 2 2008 Original Submittal DECLARA nON OF TEMPORARY PRIV ATE ACCESS EASEMENT Page 1 of3 F) Easement Exoiration Due to Change in Use on Lands of Hiebenthal: The access easement rights for the lands of Ron Hiebehthal and Susan Hiebenthal are only for the existing single- family home. Said rights shall automatically expire if any of the following occur: any other residences are constructed 011 the property, in addition to or replacement of the existing home; a traffic generating home business is opened on the lands of Ron Hiebenthal and Susan Hiebenthal; division by any means of the lands of Ron Hiebenthal and Susan Hiebenthal; or any other change in use, G) Covenant: The owners of all easement area property gescribed herein covenant to dedicate to the public all right-of-way deemed necessary in the event that a public agency officially declares that such a dedication is needed in the public interest. H) Pre-existing Access Easement: The lands of Ron Hiebenthal and Susan Hiebenthal are served by an access easement across the lands of Floyd Tom O'Neill and Lorna O'Neill as set forth in that Easement recorded on September 12, 1980 and recorded on Reel I 094R as Instrument 8045367 in the Official Records of Lane County, State of Oregon, This access easement remains in place and unaffected by this access easement. IN WITNESS WHEREOF, we have executed this DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT on this.yl.\-+Il day of _(\pLlOffi\';)U ,2008. . \,-A'~/.. '--< - vf(~~) Duane A. Knights ....." STATE OF OREGON ) )ss County of Lane ) On this Nl-\-4\ day of \\')O\i\V rn~ U\ ,2008, before me personally appeared Duane A, Knights and acknowledged the foregoing instrument to be his voluntary act and deed, n V11;' \ ;:p~ ...., - , . Notary Pu~~c for Oregon .'~ OFFICIAL SEAL ~m ANGIE DOW NOTARY PUBLIC - OREGON COMMISSION NO. 410845 MY COMMISSION EXPIRES NOVEM8ER 5, 2010 ~A"'/OA-_:tL, ;~4. ~ Susan E, Kni~ c1 STATE OF OREGON ) )'ss County of Lane ) , On this ~q'\'\. day of (Y))\,\.Qc,t\()Q), .2008, before me personally appeared Susan E. Knights and acknowledged theJoregoing in~trument to be her voluntary act and deed, n 1/\0/ [) \;;r I'~ NOtary pJ~c for Oregon ------ .;;,.;; '" O:~~II~~~W- \,,,, ,.,:..J NOTARY PU8LIC - OREGON I, COMMISSION NO. 410845 MY COMMISSION EXPIRES NOVEM8ER 6, 2010 Date Received: DEe - 2 2008 Original Submittal DECLARATION OF TEMPORARY PRIVATE ACCESS EASEMENT Page 2 of3 f?/~jf1~)U' (Floyd Tom O'Neilf STATE OF OREGON ) )ss County of Lane ) On thisry-t"'\ day of \'\1)\i\Q.('f'lY,}{LJ\ , 2008, before me personally appeared Floyd Tom O'Neill and acknowledged the foregoing instrument to be his voluntary act and deed. .Ii. o:gl~~~W- NOTARY PUBLIC. OREGON \''il~..j COMMISSION NO. 410845 MY COMMISSION EXPIRES NOVEM8ER 5, 2010 Q, W\.QW,Y~ No ary P~jC forOregon ~ ~~~J) QO'Neill ) )ss ) On thisr\l-\'~ day of \\)()\i\ Q u..."k:l Q 1\ , 2008, before me personally appeared Lorna O'Neill and acknowledged the foregoing instrument to be her voluntary act and deed, () VV}'~~ Notary put~c for Oregon- STATE OF OREGON County of Lane ' .""." ,f:>;ti'.' i \', -, ".' .' OFFICIAL SEAL ANGIE DOW NOTARY PUBUC. OREGON .COMMISSION NO, 410845 MY COMMISSION EXPIRES NOVEM8ER 5, 2010 Date Received: DEe - 2 2008 Original Submittal DECLARA nON OF TEMPORARY PRIVATE ACCESS EASEMENT Page 3 of3 .' ,.,! IMPROVEMENT AGREEMENT 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 Duane A. Knights and Susan E, Knights 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 SUB2007-00014 (tentative) 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 coordin'ated 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 Garden Avenue to include: [8'J surface paving; [8'J storm sewers; 161 sanitary sewers; 161 curbs; [8'J gutters; 0 planter strips; [8'J street trees; [8'J street lights; [8'J sidewalks, (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS Date Received: DEe - 2 2008 (Bar Code Sticker) Original submittal- AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKSOEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 2:\2006\06-205 Knight\SURVEY\applicationllmprovement Agreement Garden Ave new.doc REVISED August, 2007 Page 1 of3 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: Parcel 1 of Land Partition Plat Number 2008-P as platted and recorded on , 2008 in the Lane County Oregon Partition Plat Records, AKA: . Tax:Map & Lot No.: 18-02-06-42 TL 2600 Property Address: 3600 Garden Avenue 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, Date Received:W;':~ DEe - 2 2008 '!f';"q\ oJ -~~~,~} Z:\2006\06-205 Knight\8URVEY\applicatio,:!\Jmprovement Agreement Garden, Ave new,doc Page2of3 REVISED August, 2007 1"\-'-;",,1 ~lIhmitt"" , . /0$ WHEREFORE, the parties have hereunto set their hand this day of fr~ Ii ,e) I , 2008 - - t _ ~--t;I '(I SIGNATlJRE(S~ :~~ c- PRINT NAME(S): STATE OF OREGON COUNTY OF Lane } 55 /6-.~~dr~ BE IT REMEMBERED that on this--.J '3 day of tJ()/t;he:-r<- ,2008 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Duane A. Kniahts and Susan E. Kniahts 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. . il".~'- ,-, - '::'::-~76iAL ~E;'~ - - - -~' i., GAIL A WAISANEN I I'" .1 NOTARY PUBliC, OREGON II i ".. ,.... COMMISSION NO. 419581 ~.:. ~ ~ ~MI CgM=M~S1:~~ E~PlBE~ ~L~.~ ~012 ~J CITY OF SPRINGFIELD Reviewed and approved By ~ iJiL? Notary Public for Oregon 0u\'1 ?"'8,2LJIJ My Commission Expires Development Services Department, Planning Division (No notary required) Accepted by Dennis P,Ernst - City Surveyor STATE OF OREGON COUNTY OF Lane } 55 BE IT REMEMBERED that on this day of ,200j:!_before 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Z:\2006\06-205 KnightlSURVEYlapplicatiOll\lmprOvemenl Agreement Garden Ave new,doc Page3of3 Notary Public for Oregon My Commission Expires Date Received: DEe - 2 2008 REVISED August, 2007 Original Submittal , ,.~ IMPROVEMENT AGREEMENT 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 Duane A. Knights and Susan E. Knights 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 -00014 (tentative) 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 th~ 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 Laurel Avenue to include: [gJ surface paving; [gJ storm sewers; 161 sanitary sewers; [gJ gutters; D planter strips; D street trees; [gJ street lights; 161 curbs; [gJ sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS (Bar Code Sticker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z:\2006\06-20S KnighIISURVEY\applicalion\lmprovemenl Agreement Laurel Ave new,doc REVISED August, 2007 Page 1 of3 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: Parcel 1 of Land Partition Plat Number 2008-P as platted and recorded on , 2008 in the Lane County Oregon Partition Plat Records. AKA: Tax Map & Lot No.: 18-02-06-42 TL 2600 Property Address: 3600 Garden Avenue 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, 2:\2006\06-205 Knight\SURVEY\applicalionllmpro\lemenl Agreement laurel Ave new. doc Page2of3 REVISED August, 2007 WHEREFORE, the parties have hereunto set their hand this day of .tJt1AtJ;.p~ ' 20~, SIGNATlJRE(S).:~ - PRINT NAME(S): l-f / .vi~_--tl~C:r'~ STATE OF OREGON COUNTY OF Lane } S5 BE IT REMEMBERED that on this ) 3 day of !)c.t"bli: re. ,2008 before me, the undersigned, a notary pubiic in and for said County and State, personally appeared the within named DuaneA Kniqhts and Susan E, Kniqhts 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. ----.---------- - -~::>~ ~ ~":'="~! [OFFICIAL SEAL : GAIL A WAISANEN I ~ NOTARY PUBLIC. OREGON . COMMISSION NO, 419581 L _ _ ~~~M!"~S:.\l~E~~~~~ 2~..:?~ j MOM ~ Notary Public for Oregon .J Vc \~ 1..fL ';7 C' I! 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 Lane } 55 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon My Commission Expires Z:\2006\06-205 KnighIISURVEY\applicalion\lmprovemenl Agreement Laurel Ave new.doc Paga3of3 REVISED August, 2007 !-' NOTICE OF CONSENT TO ANNEXATION AGREEMENT' NOTICE IS GIVEN'THAT 'Vl~o.,(,\~ (\, ~v'\~~L<<i o...,d SL\.~()j,(\E'.., '(..y.,\c.\.-..-\<:' , hereinafter referred to as the Owner, and the City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as the City, on the I.? ,day of O~he.y ,20 ('J <fj. , - entered into an,agreementgoverning,an annexation to the City of real property, herein after referred to as Property, identified as Tax Lot 'Z.lDOO ,Assessor's Map 18.-<l1.. -clo-c..j2. ,a legal description ofwhich is attached as Exhibit "A"'and incorporated by reference, herein. The use and develoj:>mentof the above Property is governed by the terms and conditions of the Consent to Annexation document signed by the Owner and the City. The Conserit to Annexation document is filed in the Development Services Division ofthe City, to which reference is, hereby made for all matters and things therein contained, This agreement is binding on the OWfler!s heirs, assigns and successors in interest to the Property. ' As used herein, the singular'shall include the plural and the plural shall include the singular, In WITNESS WHEREOF" the Owner has set their hand and seal this /:$ day of t"lrbJber , 20p~ ~/'" By: ~. __~ By; Owner . /I Stopo r ~D.~"\1l1'1 A-HI.. <'0,,; "",i l1.\d Address . \ ....J ~..-.r.' ~a-.U;V Owner ' c/ 'blooo (",o""jo,,, ~,<,~ Address STATE OF OREGON, County of Lane} ss, Personally appeared before me this I -'. day of .oc..~ ,20.08, the within named)) .IAM ab;c.\..ct<:, a.w\ s.~c.c.~E. 'k,..1:5~ , who acknowledged the foregoing instrum~':'.0~~~!!1f\~~~l!'11lhf'l_qC..t~.I,Il~_?eed, - J JJ /l /...1 'i 'OFFICIAL SEAL , ~ (/0- ~ ',' GAIL A WAISANEN ! Notary Public of Oregon . NOTARY PUBLIC. OREGON . , , COMMISSION NO, 419581 j .___..M:~G~M:'~S~O~~PIRESJULY28.2011 u My Commission Expires; .Ju \Lo 1.!l ,2.0l1 . In WITNESS WHEREOF, the Director or Designee has set their hand:and seal,this ,20 day of By; Development ,~ervices Director STATE OF OREGON, County of Lane } Personally appeared. before me this named instrument to be their voluntary act and deed, ss, day of , 20 , the within . who acknowledged the foregoing Notary Public of Oregon My Commission Expires:' This Notico of Consent to Annexatlon'agreement shall be recorded by the Owner In the Lane County Deeds and Records Department at the County Public Service Building. The original of this agreement shall be returned to the Developm,ent Services Department, City of Springfield, 225 Fifth Street, Springfield, Oregon 97471. , The recordation. of this document shall be considered as compliance with ORS 222.115 and shall provide notice to and be binding upon all successors with an Interest In the propertydescr/bed. NOTICE OF CONSENT TO ANNEXATION AGREEMENT 2 Date Received: DEe - 2 2008 Original Submitt'" , EXHIBIT' A' LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SOUTHERN BOUNDARIES OF SAID THIRD ADDITION AND THE FOURTH ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427.04 FEET TO A POINT ON THE WEST RIGHT-OF-WA Y MARGIN OF LAUREL A VENUE AS DEDICATED BY THAT BARGAIN AND SALE DEED RECORDED ON JANUARY 20,1966 ON REEL 280D AS INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE ALONG SAID WEST RIGHT-OF-WAY MARGIN SOUTH 00005'06" EAST, 112.17 FEET TO A POINT ON THE NORTH MARGIN OF GARDEN AVENUE AS DEDICATED BY SAID BARGAIN AND SALE DEED; THENCE ALONG SAID NORTH MARGIN NORTH 80022'00" WEST, 147,64 FEET TO THEWEST MARGIN OF GARDEN AVENUE AS ESTABLISHED BY SAID BARGAIN AND SALE DEED; THENCE ALONG LAST SAID WEST MARGIN SOUTH 00005'06" EAST, 30.44 FEET TO A POINT ON THE CENTERLINE OF THE GARDEN AVENUE RIGHT-OF"WA Y THAT WAS VACATED BY THAT ORDER OF VACATION THAT WAS RECORDED SEPTEMBER 27, 1919 IN BOOK 120 ON PAGES 164-166, LANE COUNTY OREGON DEED RECORDS SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG SAID VACATED CENTERLINE NORTH 80022'00" WEST, 279.14 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION NORTH 00013'57" EAST, 148.71 FEET, RETURNING TO THE POINT OF BEGINNING, Date Received: DEe - 22008 Origin a! Submittal " WAIVER OF TIME LIMIT ON CONSENT TO ANNEXATION AN ADDENDUM TO THE CONSENT TO ANNEXATION DOCUMENT WHEREAS, the Owner has executed a Consent to Annexation document to the City on the I ?> day of ~\oe..v ,20 oB ,entered into an agreement governing an annexation to- the. City of real property, hereinafterreferred to as the Property, identified as Tax Lot 'Z.~o~ " Assessor's.Map 1Q,-I::;L -tiD-~'2... ,alegal description of which is attached as Exhibit "A" and incorporated by reference, herein, And is attached hereto; and WHEREAS, for the purpose of authorizing an annexation under Springfield Development Code, hereinafter referred to as the SDC, Section 5,7-125, only statements of Consent to Annexation which are ,filed within anyone-year period shall be effective, unless a separate written Waiver of Time Limit document foregoing the one"year period or prescribing some other period of time has been entered into between' an Owner of land and the City; and WHEREAS, the Owner signing this Waiver of Time Limit, will comply with the terms of the Consent to Annexation document so that the Consent to.Annexation document will be effective without regard to the one-year limitation under Oregon law, NOW THEREFORE, in consideration for the City's agreement that the Owner's Property may receive municipal services from the City and the Owner may undertake development of the Property in accordance with the SDC and other applicable City plans, policies and standards and with the requirements of Lane County, the Owner hereby agrees to waive the one-year period, pursuant to SDC Section 5,7-125 and ORS 222,173, This Waiver ofTime Limit is binding upon the Owner and the Owner's' heirs, assigns and successors in interest to the property possessed by the Owner, which is more particularly described and set forth in Exhibit A, In WITNESS WHEREOF, the OWl)er has set their hand and seal this /3 day of (fJrlz,:rI, ,2~ otJr' By: .~ - By: L_.....;! .Jfi:f~,7J;./ Owner Owner ~o GovctO(l P.-~7""i^~~Q\~ Address ' '. ').,IJ){X) GawlOVl ftvn... 5ov;"".Q"ld -... . {' . Address . ...I STATE OF OREGON, County of Lane }ss, Personally appeared before me this IS dayof Od-doe..- named 'D'Ao',^2. ~ 'l.v..~9-k~ 0.",r\ Sllc.,Cl,^E. 'k,,\c.!,--K foregoing instrument to De their voluntary, act and dee'd, ,20 ~ ,the within who acknowle~ged the 1.--------------,:.,.e.....J".. . , I I) OFFICIAL SEAL I, . GAIL A WAISANEN ,\ ) NOTARY PUBLIC. OREGON I "".... COMMISSION NO. 419581 ~~__~~C~M~~S~O~E~~E!:~LY,2~:3.~!2-, , ~ tJuJ-' Notary. Public of Oregon My Commission Expires: ..j",lv , I '2cB to I}' J This Waiver of Time limit document shall be recorded by the Ownerin the Lane County Deeds and Records at the County Public Service Building. The original of this document shall be returned to the Development Services Department, City of Springfield, 225 Fifth Street, Springfield, Oregon 97477. ' WAIVER OF TIME LIMIT 5 Date Received: DEe - 2 2008 ~';'1inal Submittal EXHIBIT 'A' LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SOUTHERN BOUNDARIES OF SAID THIRD ADDITION AND THE FOURTH ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427.04 FEET TO A POINT ON THE WEST RIGHT-OF-WAY MARGIN OF LAUREL A VENUE AS DEDICATED BY THAT BARGAIN AND SALE DEED RECORDED ON JANUARY 20, 1966 ON REEL 280D AS INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE ALONG SAID WEST RIGHT-OF-WAY MARGIN SOUTH 00005'06" EAST, 112.17 FEET TO A POINT ON THE NORTH MARGIN OF GARDEN A VENUE AS DEDICATED BY SAID BARGAIN AND SALE DEED; THENCE ALONG SAID NORTH MARGIN NORTH 80022'00" WEST, 147,64 FEET TO THE WEST MARGIN OF GARDEN A VENUE AS ESTABLISHED BY SAID BARGAIN AND SALE DEED; THENCE ALONG LAST SAID WEST MARGIN SOUTH 00005'06" EAST, 30.44 FEET TO A POINT ON THE CENTERLINE OF THE GARDEN AVENUE RIGHT-OF-WAY THAT WAS VACATED BY THAT ORDER OF VACATION THAT WAS RECORDED SEPTEMBER 27,1919 IN BOOK 120 ON PAGES 164-166, LANE COUNTY OREGON DEED RECORDS SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG SAID V ACA TED CENTERLINE NORTH 80022'00" WEST, 279,14 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION NORTH 00013'57" EAST, 148,71 FEET, RETURNING TO THE POINT OF BEGINNING, Date Received: DEe - 2 2008 Original Submittal !.:.., ,) CONSENT TO ANNEXATION FOR UF-10 URBAN FRINGE OVERLAY DISTRICT PROPERTIES To: The City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as City, This is a Consent to Annexation by DIJOfli- A '(...v,i~"'-ts ,(J.V\A 5\A.'>O.V'\ F> ~:"J^~ , h'ereinafter referred to as OwneY. RECITALS: The Owner represents the following: 1, The Owner possesses real property, hereinafter referred to as Property, more particularly described in Exhibit uA: attached hereto and made a part hereof, located outside the City limits, but within the adopted Urban Growth Boundary depicted in the Eugene-Springfield Metropolitan Area General Plan, 2, The UF-10 Urban Fringe Overlay District described in Section 3,3-800 of the Springfield Development Code, hereinafter referred to as the SDC, has been applied to the Property, 3, By the terms of the SDC, the Consent to Annexation, hereinafter referred to as this Document, is required as a precondition to allow for the land use activity or development desired by the Owner. AGREEMENT: The Owner consents as follows: 1, The Owner irrevocably consents to annexation of the Property to the City in consideration for the allowance by the City of land use activity or development. 2, The Owner consents that the City Council, in its sole discretion, now or at any time hereinafter, may use this Document for initiating annexation consistent with SDC Section 5,7-125 and Oregon Revised Statute (ORS) Chapter 222, including but not limited to ORS 222,170 or any other applicable law or statute, The Owner consents' to including in such proceeding any other land the City Council may direct or whic~ the Owner had petitioned and consented to the annexation, 3, The Owner understands and consents that this Document may be used by the City to meet the requirements of SDC Section 5,7-125, 4. The Owner also irrevocably authorizes the City to use this Document as an interim measure to provide service to the Property prior to annexation to the City. 5. The Owner consents, pursuant to ORS 222,115 and 222.170, that the Owner and any and all heirs, assigns and successors with an interest in the Property shall be bound by this Document, which shall run with the Property, 6. ' The Owner shall obtain the City's approval for any new land use activity or development, change of land use activity or development, or intensification of land Lise activity or development of the Property. The City will grant approval of the land use activity or development if it is incompliance with applicable plans, policies and standards as interpreted by the City, Date Received: DEe - 2 2008 Original submittal ;;~;..SENT TO ANNEXATION 3 . <' ) 7, In consideration of this Document, the City agrees that the Property may receive certain municipal services from the City and the Owner may undertake the development of the Property in accordance with City plans, policies and standards and with the applicable requirements of Lane County, 8. As used herein, the singular shall iriclude the plural and the plural shall include the singular, 9, This Consent to Annexation is binding upon the Owner and the Owners heirs, assigns and successors in interest to the property possessed by the Owner, which is more particularly described and set forth in Exhibit A. Contemporaneously with the execution of this Consent to Annexation, the Owner is executing a separate Waiver of Time Limit form, pursuant to SDC Section 5,7-125 and ORS 222,173, attached . hereto and made part of, as a condition of signing this Document. In WITNESS WHEREOF, the Owner has settheir hand and seal this I '3 day of ,tl'J,}r/beK , 20..c2t2...; and with the above signature, I am verifying that I have the authority to consen'Z!--to th b~ove on m, y own bAor on behalf of my firm, agency or trust. . By: _ ~c:; 'do By: ..L-......... G! ~J zf:u wner r' {)-""-/ ,Owner r, V ~ (;()v\Q,...l\AL \ <::"f)~'-"C5Q\A Address \ JiJoo L.?\f'lv<1Ov"1 P.JIL <::., \^-:"""c.p\r\ Address '.J STATE OF OREGON, County of Lane} ss, Personally appeared before me this I '3 day of C) ~'c~ ,20 0 ~ ,the acknowledged the foregoing instrument to be their voluntary act and deed, ~/2~ Notary Public of Oregon My Commission Expires: J 1..1..\1.) ~, l.61) ~~- -- - - -------------_......-~ ij. OFFICIAL SEAL I (, , GAIL A WAISANEN ! I \. i NOTARY PUBLIC. OREGON ': l ", ,,/ COMMISSION NO, 419581 I, MY COMMISSION EX,PIRES JUL~ 2.8, 2011 I' .~________. ..-.___._.,~M In WITNESS WHEREOF, The Director or Designee has set their hand and seal this ,20 day of By: Development Services Director STATE OF OREGON, County of Lane} ss, Personally appeared before me this day of ,20. the acknowledged the foregoing instrument to be their voluntary act and deed, Date Received: DEe - 2 2008 Notary Public of oregon My Commission Expires: Original Submittal 4 " j EXHIBIT 'A' LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHEAST 114 OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMEITE MERIDIAN AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD ADDITION TO MEADOW GREEN ESTATES AS PLAITED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SOUTHERN BOUNDARIES OF SAID THIRD ADDITION AND THE FOURTH ADDITION TO MEADOW GREEN ESTATES AS PLAITED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427,04 FEET TO A POINT ON THE WEST RIGHT-OF- WAY MARGIN OF LAUREL AVENUE AS DEDICATED BY THAT BARGAIN AND SALE DEED RECORDED ON JANUARY 20,1966 ON REEL 280D AS INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE ALONG SAID WEST RIGHT-OF-WAY MARGIN SOUTH 00005'06" EAST, 112,17 FEET TO A POINT ON THE NORTH MARGIN OF GARDEN A VENUE AS DEDICATED BY SAID BARGAIN AND SALE DEED; THENCE ALONG SAID NORTH MARGIN NORTH 80022'00" WEST, 147,64 FEET TO THE WEST MARGIN OF GARDEN AVENUE AS ESTABLISHED BY SAID BARGAIN AND SALE DEED; THENCE ALONG LAST SAID WEST MARGIN SOUTH 00005'06" EAST, 30.44 FEET TO A POINT ON THE CENTERLINE OF THE GARDEN AVENUE RIGHT-OF-WAY THAT WAS VACATED BY THAT ORDER OF VACATION THAT WAS RECORDED SEPTEMBER 27, 1919 IN BOOK 120 ON PAGES 164-166, LANE COUNTY OREGON DEED RECORDS SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS, PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS;, THENCE ALONG SAID VACATED CENTERLINE NORTH 80022'00" WEST, 279.14 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION NORTH 00013'57" EAST, 148,71 FEET, RETURNING TO THE POINT OF BEGINNING, Date Received: DEe - 2 2008 Original Submittal I. CASCADE ESCROW -= CASCADE TITLE CO. . CA'3('N'E EXCHANGE SERVICES. INC, . , , BRANCH ENGINEERING ATTN: RENEE EMAlL: REM:.c....onANCHENGINEERING.COM NOVEMBER 28. 2008 WHAT YOU SHOUlD KNOW ABOl1fYOUR PREuMINARYTm...E REPORT THE AlTACHED PREUMINARY TITLE R'EPORT ("REPORT") WAS PREPARED BY CASCADE TITLE COMPANY AFTER RESEARCHING THE LANE COUNTY OREGON REAL PROPERTY DEED RECORDS, THE REPORT PROVIDES INFORMATION ABOUT TITLE.TO THE REAL PROPERTY THAT IS THE SUBJECT OF THE PENDING TRANSACTION, PLEASE REVIEW THE REPORT CAREFULLY, . THE REPORT SHOULD DESCRIBE ALL OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE TRANSACTION, . THE REPORT SHOULD CORRECTLY IDENTIFY THE OWNER OF THE SUBJECT REAL PROPERTY AND IDENTIFY THE PURCHASERS IF THE REAL PROPERTY IS BEING SOLD, . THE REPORT SHOULD SET FORTH ALL 'SPECIAL EXCEPTIONS' TO TITLE TO THE REAL PRO...c,n, . INCLUDING MONETARY UEN ITEMS AND EASEMENTS; IF YOU KNOW OF ANY SPECIAL EXCEPIlONS NOT USTED IN THE REPORT PLEASE CONTACT US, . SOME SPECIAL EXCEPTIONS WlLL REMAIN AFTER CLOSE OF ESCROW AND OTHERS WlLL BE REMOVED AT CLOSE OF ESCROW, SOME SPECIAL EXCEPIlONS, SUCH AS 'TAXES OR MONETARY UEN ITEMS. ARE TYPICALLY EUMINATED AT CLOSE OF ESCROW, OTHER SPECIAL EXCEPTIONS, SUCH AS COVENANTS 8c RESTRICTIONS AND EASEMENTS. TYPICALLY REMAIN AS SPECIAL EXCEPIlONS IN THE TITLE INSURANCE POUCy, PLEASE REVIEW THE SPECIAL EXCEPTIONS AND ADVISE US WHICH ARE TO BE REMOVED - THIS WILL ASSIST IN CLOSING YOUR TRANSACTION IN A TIMELY MANNER, AFTER YOUR REVIEW OF THE PREUMINARY TITLE REPORT PLEASE CONTACT US SHOULD YOU HAVE ANY QUESTIONS OR IF WE CAN BE OF FURTHER ASSISTANCE, THANK YOU FOR THE OPPORTUNITY TO ASSIST YOU IN THIS TRANSACTION, CASCADE TITLE CO, Date Received: DEe - 2 2008 Original submittal. 811 Willamette Street. Eugene, Oregon 97401 phone: (541) 687-2233 . fax: (541) 485-0307. email: info@cascadetitle,com 1901 Hwy 101 - Suite 2 . Florence. Oregon 97439 phone: (541) 997-8417. fax: (541) 997-8246. email: florence@cascadetitle,com 111111~lmlL =n: CASCADE TITLE CO. STATUS OF RECORD TITLE REPORT SUPPLEMENTAL LAW OFFICE OF ALAN LEIMAN ATTN: ALAN LEIMAN P,O. BOX 1789 EUGENE, OR 97440 OUr No: CT-02S9089 Date:' NOVEMBER 28, 2008 Charge: $200,00 Government Service Fee: $25,00 As requested, Cascade Title Co. has searched our tract indices as to the following described real property: (ATTACHED) and as of: NOVEMBER 19, 2008, at 8:00 A,M, we find the following: Vestee: ALAN J, LEIMAN AND JOIIANNA A. OOYEVAAR as tenants by the entirety Said property is subject to the 'following on record matters: l~ Power line easement, including the terms and prov1s1ons thereof, granted to the City of Eugene, by instrument recorded March 19, 1946, in Book 314, Page 359, Lane County Oregon Deed Records. (Northerly 10,0 feet) 2. Power line easement, including the terms and provisions thereof, as conveyed to the City of Eugene, by instrument recorded October 25, 1946, in Book 334, Page 456, Lane County Oregon Deed Records, (Route to be taken shall be along a route as now surveyed and staked, No specific line is described) 3, Sanitary 7,0 feet, Reception sewer easement, including the terms and provisions thereof, over the North granted the City of Eugene, by instrument recorded December 8, 1969, No, 89772, Lane County Official Records, 4. Permit and easement. including the terms and provisions thereof, to City of Eugene, recorded October 29, 1975, Reception No. 7547348, Lane County Official Records. 5. Restrictive Covenant to Waive Remonstrance, including the terms and provisions thereof, executed by Robert M. Robertson and Frances Leith Robertson, recorded,July 21, 1986, Reception No, 8627130, Lane County Official Records. 6. Permit and Easement, including the terms and provisions thereof, granted the City of Eugene, Lane County~ Oregon, by and through the Eugene Water & Electric Board, by instrument recorded March 20, 1989, Reception No. 8911922, Lane County Official Records. continued- MArN OFFZCB . 811 WZLLAMBTTE ST. . EUGENE, OREGON 97401' PH: (541) 687-2233 FLORENCE * 1901 BWY 101 - S. 2 * FLORENCE, OREGON 97439 * PH: (541) 997-8417 IlUGENB FAX: 485-0307' E-MAIL: infO@cascadetitle.com . FLORENCE FAX: DiMl!l'lReceived: DEe - 2 2008 )" ., Original Submittal ;. 7. Restrictions, including the terms and prOV~S10ns thereof, imposed by the City of Eugene in "Notice of Approval for Property Line Adjustment" recorded June 8, 1992, Reception No, 9230977, Lane County Official Records. 8, Deed of Trust, including the terms and provisions thereof, exeCuted by Alan J. Leiman and Johanna A. Ooyevaar, as husband and wife, Grantor, to Chicago Title Insurance companY,of Oregon, Trustee, for the benefit of washington Federal savings. Beneficiary, dated September 4, 1998, recorded September 9, 1998, Reception No. 9872252, Lane County Official Records, to secure payment of a note in the amount of $194,800.00, 9, Deed of Trust (Line of Credit), including the terms and prOV1S1ons thereof, exe~uted by Alan J. Leiman and Johann~ A. Ooyevaar, husband and wife, Grantor, to First ,American Title Insurance Company of Oregon, Trustee, for the benefit of JPMorgan Chase Bank, N,A., Beneficiary, dated September 12, 2006, recorded September 25, 2006, Reception NO, 2006-069729, Lane County Official Records, to secure payment of a note in the amount of $100,000.00. NOTE: Taxes, Account "No. 0727469, Assessor's Map No. 18 04 12 1 4, fi3700, Code 4"00, 2008-2009, in the amount of $315.66, PAID IN FULL, Taxes. Account No. 0727485, Assessor's Map No. 18 04 12 1 4, finOl, Code 4-00, 2008-2009. in the amount of $3,313,32. PAID IN FULL, This report is to be utilized for information only. This report is not to be used as a basis for tr~nsferrin9, encumbering or foreclosing the real property described~ The liability of Cascade Title Co, is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO" by: ~2 sm/Title Officer: ;lJRfBEATY Cc: BRANCH ATTN: EMAIL: ENGINEERING RENEE RENEE@BRANCHENGINEERING,COM Date Received: DEe - 2 2008 Original Submittal PROPERTY DESCRIPTION Situated in the City of Eugene, Lane County, State of Oregon, in the Southeast ~ of the Northeast ~ of Section 12, Township 18 south, Range 4 West of 'the Willamette Meridian, and described as follows: Beginning at the Southeast corner of Paige Avenue as dedicated by that Warranty Deed recorded on June 25, 1957, on Reel No. 10lD, as Instrument No, IS817, in the Lane County Oregon Official Records; thence South 82' 58' 19" East, 47,82 feet; thence South 000 25' 19" East, 90.74 feet; thence South 77' 09' SSH East, 87.99 feet; thence North 130 11. 26~ East, 95.16 feet; thence North 270 03' S2" East, 116,75 feet; thence North 06' 17' Sl" East, 79,73 feet; thence North 870 08' 00" West, 97,42 feet; thence South 290 24' 4S" West, 149,32 feet; thence North 82. 58' 19" West, 43,60 feet; thence'South OS. 09' 21" West, 40,02 feet, returning to the point of beginning, in Lane County, Oregon. Date Received: DEe - 2 2008 Original Submittal ,~I!f?J1, If> <ff:; :;> :ss~ 8 NS;\.l'J'SolI"V . 9 --e.' 10 '7,p' 6' p' <{;:.<;"..... FIR LA NE t ~ 1 ~~...... ,-~~-4 ~O" ~ ,~ 2200 \' \ ~ g ~W~~ I~} 1-::"",1900 ~ z ~ " ~ ~ 1: ~ 'i: ,2 ~<:('r. I ~. I' '3 /"J"~!'Y: \; -J l ~-: ~~6. ~ ~ /..;.:I..H' ---... 27 I '" ,/$..:'2 ' JD.<l ~, 7L,.f. .J: N.~.c~: ~~;;.;;-::-. ,u. ~:rr '2~.'~'H;Zl / ~.;F .3100 )0 " .~ ~ ~ ~ I:i , 7~'J1 I_.......p. ,... ,.........~I - ~ ~ ~/~ -..,,' t~..$3.z~Qo"'El ~ ~'? ~/.,,~. -""", 1 ..,{) b .. ~ ~~ "C..S~."#;7'" I ~ 3~2.' I..:H.DO' 8,. , I _N87.0e"fiO;;;"..~7 . ~'.~ " 1.!...J" ~.~ . f~3 1600 190.0' s g"oa OQ' [ \ +'C " 1802' 1'\~ 0,17 AC, ",x _'0. 1 ; Q \ .r '/;1- - .,,., GeoG-) N B7.... \J '"' DO. V .,(.......~.... '~':1+ 4:"'6 .-:.~,::""~...rJ/ 120.00' ($' . 3701 ' .'d~ """.,' ""--4 ,\. I H 3703 1~ '. 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I~ ~~~~~~~Ty ~~~ATIN: ' DEe - 2 2008 W )0 '" F?W'Id.- rm .1IA.ll.ll.~\ ..rOfUmft~'" 4ME ) 0::: ~ eLI/oZ' ~ - - l- AC, ~"""z _ _"' , . .......~'- t -'''t~' ?PoP-'. a;;:;fH'~..-, .. ...... .~. . ~ ~.. .a'....", _ r n>>' 1 T ~ " ~ . -' if) l:" "..'"' -''':~ \........1. '" 'S&'41"W Z .. 5600 I~",,,' ~ ;0.00 ~ 5500 5701 5700 I 0.6B AC, 0.51 AC, ~.~ W " :~~~ 'i~ f"r' :) ". N .~o. ~r u.... ' ~ ~ ~ ~ I ; ~ 0,5/ AC~-'':,>.'' ::J t oj N>" ~rnC 1 _ "'., U-J-C ~...o :::...1 \< 4901 iD sV./"JT /.:;vu /PJ>....,7~ ~ 6rrc$:"";) ~ , //&1~ 4900 4800 . \ Ii, ,~ ..~ ,~ \ :;, .~. o ' :?'"'?~:._~::'~ ~, P\l~-.:u'~ IU,-h&' . ~ .~ 1800 ;;:0.30 AC. 1800' 1801 ;;:0,15 AC, " /L."!"' 6100 oc Washington ~utual. HOME LOANS Pl~ DzQ, ~ ~'~@~ August 12,2008 Evergreen Land Title " P.O. Box 931 Springfield, OR 97477 Attn: Jeff Walker - bVt; 'If ee.t '"'j Re: Loan Number: Mortgagor( s): 3019121718-908 Duane A. Knights Susan E, Knights 3600 Garden Avenue Springfield, OR 97478 Property Address: Dear Mr. Walker: Enclosed is the original executed Concurrence ofSubdivisionlReplat as requested, Please send us a copy of the recorded instrument. An envelope is enclosed for your convenience. If you should have any questions, please contact me at 843-673-4847. ~i cerely, "r.() . I~ ! ~Br~~ Land Transactions Processor Washington Mutual Bank Enclosure cc: Duane A, Knights Susan E, Knights MM069/PR025 Date Received: DEe - 2 2008 ~ r~ r~ Original Submittal After recording return to: " . Rex Betz, Branch Engineenlfg, Inc, 310 Fifth Street Springfield, OR 97477 Jan # 3019121718-908 CONCURRENCE LANDS OF DUANE A. AND SUSAN E. KNIGHTS Whereas Washington Mutual Bank is the beneficiary of a Deed of Trust dated February 26,2008 held against a portion of or all of the lands described in Exhibit "A" attached hereto and made a part hereof; which Deed of Trust was recorded in Lane County Oregon Official Records March 3,2008 as Document Number 2008-011735; Whereas Duane A, and Susan E. Knights, desire to record a Partition Plat creating three separate legal parcels; Know all men by these presents that Washington Mutual Bank hereby concurs with the platting and recording of said Plat as said plat subdivides said lands, Dated this 12th day of Auqust ,2008. Washington Mutual Bank, f /k/ a Washington Mutual Bank, FA BY:~~/' a \~./h"L~ Print Name: Wendy A. Title: AssisJl,,~: V.-;;- Buchner ACKNOWLEDGMENT State of South rarolir'Ja County of Florence )SS On 1\11g11"j- 1? Wendv Buchner _' 2008 personally appeared the above named whoisthe Assistant V.P. _of Washington Mutual Bank, 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 hislher voluntary act and deed and that said instrument was signed on behalf of said bank, ~g~~~;~'~S1~'i:ig Catherine Smith ~ St3t00t c;Qt.:Tn Carc;;na " Notary Public for Florence, S.C. ' EXP. 12/03/2017 Date Received: DEe - 2 2008 CONCURRENCE TO PLATTING Page I of2 Original Submittal Loan 3019121718-908 r After recording return to: Rex Betz, Branch Engineering, Inc, 310 Fifth Street Springfield, OR 97477 EXHIBIT "A" LEGAL DESCRIPTION BEGINNING AT TIIE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN TIIE LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SOUTHERN BOUNDARlESOF SAID THIRD ADDITION AND THE FOURTH ADDITION TO MEADOW GREEN ESTATES AS PLAl IhV AND RECORDED IN TIIE LANE COUNTY OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427,04 FEET TO A POINT ON THE WEST RIGHT-OF- WAY MARGIN OF LAUREL A VENUE AS DEDICATED BY THAT' BARGAIN AND SALE DEED RECORDED ON JANUARY 20,1966 ON REEL 280D AS . INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; TIIENCE ALONG SAID WEST RIGHT-OF-WAY MARGIN SOUTH 00005'06" EAST, 112.17 FEET TO A POINT ON THE NORTH MARGIN OF GARDEN A VENUE AS DEDICATED BY SAID BARGAIN AND SALE DEED; TIIENCE ALONG SAID NORTH MARGIN NORTH 80022'00" WEST, 147,64 FEET TO THE WEST MARGIN OF GARDEN AVENUE AS ESTABLISHED BY SAID BARGAIN AND SALE DEED; THENCE ALONG LAST SAID WEST MARGIN SOUTH 00005'06" EAST, 30,44 FEET TO A POINT ON THE CENTERLINE OF THE GARDEN AVENUE RIGHT-OF-WAY THAT WAS VACATED BY THAT ORDER OF VACATION THAT WAS RECORDED SEPTEMBER 27,1919 IN BOOK 120 ON PAGES 164-166, LANE COUNTY OREGON DEED RECORDS SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT REOCRDS; THENCE ALONG SAID VACATED CENTERLINE NORTH 80022'00" WEST, 279.14 FEET TO A POINT ON TIIE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION NORTH 000] 3'57" EAST, ]48,7] FEET, RETURNING TO THE POINT OF BEGINNING, '.Te.{, {<4~./.'t-~.?O(;;f3 /' REGISTERED " PROFESSiONAL LANQ.SmWEYQR /t:iH /(Y'- )' -. . .",~j \~-~~~~1!~;: )0' . CONCURRENCE TO PLATTING .L. (.( . Er,,;i? I 7;/3 i c"l Date Kecei've : Page 2 of2 DEe - 2 2008 Original Submittal ' After recording return to: Rex Betz, Branch Engineeri: lie. 310 Fifth Street Springfield, OR 97477 LoaIl ff ~V!~!L! I :O-7VU CONCURRENCE LANDS OF DUANE A. AND SUSAN K KNIGHTS Whereas Washington Mutual Bank is the beneficiary of a Deed of Trust dated February 26, 2008 held against a portion of or all of the lands described in Exhibit "A" attached hereto and made a part hereof; which Deed of Trust was recorded in Lane County Oregon Official Records March 3, 2008 as Document Number 2008-011735; Whereas Duane A, and Susan E, Knights, desire to record a Partition Plat creating three separate legal parcels; Know all men by these presents that Washington Mutual Bank hereby concurs with the platting and recording of said Plat as said plat subdivides said lands, Dated this 12th day of Auoust .2008, Washington Mutual Bank, f/k! a Washington Mutual Bank, FA BY:~~/' (J '~~M Print Name: Wendy A. Title: Assisgnt V.~ Buchner ACKNOWLEDGMENT State of South Carolina County of Florence )55 On Jl" em" t' 1? _ ~, 2008 personally appeared the above named Wendv Buchner who is the Assistant V. P. of Washington Mutual Bank, and who is known to me to be the identical individual who executed the foregoing instrument arid who does hereby acknowledge said instrument to be hislhervoluntary act and " de," ~d<M,".d ~=~::,:;:::,:'OCMlf :"~:e:e 'mlCh (!il&-,<<~ NotaryPubJicfor Florence, S.C. . EXP. 12/03/2017 Date Received: DEe - 2 2008 CONCURRENCE TO PLATTING Page 1 of2 Original Submittal Loan j, ,019121718-908 After recording,return to: Rex Betz, Branch Engineering, Inc, 310 Fifth Street Springfield, OR 97477, EXHIBIT "A" LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON FLAT RECORDS; THENCE ALONG THE SOUTHERN BOUNDARlES OF SAID T!1IRD ADDITION AND THE FOURTH ADDITION TO MEADOW GREEN ESTATES AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427,04 FEET TO A POINT ON THE WEST RlGHT-OF- WAY MARGIN OF LAUREL A VENUE AS DEDICATED BY THAT BARGAIN AND SALE DEED RECORDED ON JANUARY 20,1966 ON REEL 280D AS INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE ALONG SAID WEST RlGHT-OF-WA YMARGIN SOUTH 00005'06" EAST, 112.17 FEET TO A POINT ON THE NORTH MARGIN OF GARDEN AVENUE AS DEDICATED BY SAID BARGAIN AND SALE DEED; THENCE ALONG SAID NORTH MARGIN NORTH 80022'00" WEST, J47,64 FEET TO THE WEST MARGIN OF GARDEN AVENUE AS ESTABLISHED BY SAID BARGAIN AND SALE DEED; TIIENCE ALONG LAST SAID WEST MARGIN SOUTH 00005'06" EAST, 30.44 FEET TO A POINT ON THE CENTERLINE OF THE GARDEN AVENUE RlGHT-OF-WA Y THAT WAS VACATED BY THAT ORDER OF V ACA TION THAT WAS RECORDED SEPTEMBER 27, 1919 IN BOOK J20 ON PAGES 164~166, LANE COUNTY OREGON DEED RECORDS SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PLAT REOCRDS; THENCE ALONG SAID VACATED CENTERLINE NORTH 80022'00" WEST, 279.14 FEET TO A POINT ON THE SOUTHERLY EXTENSION, OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION NORTH 00013'57" EAST, 148,71 FEET, RETURNING TO THE POINT OF BEGINNING. 'T<..{, {=t.../.7;~.?OC!3 /' REGISTERED "- PROFESSIONAl.. tANg SURVEY(~R /~; ~.- /('/' >../" ') - ",-,'/(,' ~.V I.. OREGOtr - , JULY 20, 1993 ! f1EX A. BETZ "'_~__._,_,..._~_.,.__tt~~06 / ,< CONCURRENCE TO PLATTING ,.!...! <: . E(,,;p IZ/3'/C<) Page 2 of2 Date Received: DEe - 2 2008 Original Submittal