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HomeMy WebLinkAboutApplication APPLICANT 6/3/2008 ... _____ I" .? ,City of Springfield Development Services Department 225 Fifth Street Springfield, OR 974.77 land Division Plat Partition, Subdivision PRc-SUBMITIAL REC'O JUN 0 3 2008 i~: .....,;l;.. .1,2 Applicant Name: . J:;.nIG'" Icompany: /VB IAddress: 87S' VOl) /{. ,7:u:J.,wn Phone: S"W - 'l!t!l- z.eJ9 Fax: NI9 I 97J.f78 -sf: Associated Applications: S ut3)Oofd -'1)'000) I Pre-Sub Case No.: fiL<i.1m6-:-[oD3r Date: (p /31 06 . Case No.: Application Fee: $ ~~~ g1lp TOTAL FEES: $ Date: ITechnical Fee: $ !) I Reviewed by: me; JIV1 I Reviewed by: - Ipostage Fee: $0 PROJECT NUMBER: PRS2-001-DOO77 1 of 6 Revised 1{1{08 Molly Markarian ;::;; , , , 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: X()~JJ Si~ure . Va..aLL/' Print J, /) .kA~ . 1\/ . .- X. lM dlSo}') Date: ..< - / C)-DR> Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application aUhe 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: Date: Signature Print PRE.SUBMITTAl REC'D JUN 0 32008 Revised 1{1{08 Molly Markarian 2 of 6 .2 TO: FROM: DATE: RE: I) 2) 3) 4) 5) 6) CITY OF SPRINGFIELD pLANNING PRE-SUBMITTAL REC'O JUN 0 3 Z008 TERRY J. SCHIELE PLS JUNE I, 2008 CITY OF SPRINGFIELD CASE NO. SUB2008-0000 I LETTER ADDRESSING CONDITIONS OF APPROVAL " PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL DEDICATE AS RIGHT- OF-WAY A STRIP OF LAND 25 FEET WIDE BY 100 FEET LONG ALONG THE S. 43RD Street frontage of the property in compliance with SDC 4.2-105G.1. See plat, right-q(-W(0' is dedicated on the.face o(the plat. PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL EXECUTE AND RECORD AN IMPROVEMENT AGREEMENT FOR PA VING, CURB, GUTTER, SIDEWALK, STREET TREES, AND STREET LIGHTING. Please see allached improvement agreement. EXCAVATION OR FILLING IN THE VICINITY OF THE EXISTING STREET TREES, AS WELL AS ANY FUTURE REMOVAL OF THESE TREES, MUST CONFORM TO THE STANDARDS OF THE SDC AND EDSPM. SINCE THESE STREET TREES ARE LOCATED ON PRIVATE PROPERTY, MAINTENANCE OF THE TREES SHALL BE PERFORMED BY THE PROPERTY OWNER AS PER SDC 4.2-140 C.2. Applicant is aware of this requirement. PRIOR TO PLAT APPROVAL, THE LOCATION OF THE PRIVATE SANITARY SEWER LATERAL (S) SERVING PARCELS I AND 2 SHALL BE LOCATED. TMs is a non issue,because applicant has constructed two separate sanitary sewer services with both services being on (heir respective parcel and no easement is needed. PRIOR TO PLAT APPROVAL, PARCEL 2 SHALL BE SERVICED WITH PRIVATE SANITARY SEWER LATERAL FROM THE EIGHT-INCH SANITARY SEWER MAIN. IN THE RIGHT-OF-WAY TO THE NORTHWEST OF THE PROPERTY IF A LATERAL TO PARCEL 2 DOES NOT ALREADY EXIST. .NOTE: PLUMBING PERMITS ARE REQUIRED TO INSTALL THIS PRIVATE SANITARY SEWER LATERAL. See comment on condition -4 above. PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL RECORD AND DOCUMENT A PRIVATE UTILITY EASEMENT ADJACENT TO THE SEWER LATERAL ON PARCEL 2 TO BENEFIT PARCEL I. Applicant has reconstructed sanita/:V sewer services to both parcels, with both heing on its respective parcel (~'ee condition 4,abm,'e). " 7) PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL EXTEND ELECTRIC SERVICE FROM POLE #58164 IN THE NORTHWEST CORNER OF THE PROPERTY AS PER SUB ELECTRIC STANDARS. PLACEMENT OF SUCH FACILITIES SHALL BE IN THE PROPOSED SEVEN-FOOT FRONT AGE PUE AND SHALL BE UNDERGROUND AS CONDITIONED IN THE UNDERGRONUND PLACEMENT OF UTILITIES SECTION BELOW. Applicant has installed underground eleclrjc in accordance wUh S'UB electNc standard'). 8) PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL RECORD AND DOCUMENT A SEVEN-FOOT PRlV ATE UTILITY EASEMENT IN BETWEEN THE PARCELS EXTENDING EAST APPROXIMA TEDL Y 45 FEET FROM THE WEST PROPERTY LINE. Requirementsfor this conditioll are being altered as the applicant has placed all uliliNes underground on their respective parcels. except for a short uti/it)' easement for fhe underground gas line between the 2 parcels (see attached easement description). 9) PRIOR TO PLAT APPROVAL, ALL UTILITY LINES TO SERVE PARCELS 1 AND 2 SHALL BE PLACED UNDERGROUND. All utilities have been placed underground. 10) PRIOR TO PLAT APPROVAL, PARCEL 2 SHALL BE SERVICED WITH A PRIVATE WATER LATERAL FROM THE WATER MAIN IN THE RIGHT-OF- WAY WEST OF THE SUBJECT PROPERTY AND A WATER METER LOCATED AS PER SUB WATER STANDARDS. IN ADDITION, PARCEL 2 SHALL BE DISCONNECTED FROM THE EXISTING WELL, AND THE DISCONNECTION SHALL BE INSPECTED AND VERIFIED IN COMJPLlANCE WITH SUB WATER STANDARDS. NOTE: PLUMBING PERMITS ARE REQUIRED TO INSTALL THIS PRIVATE WATER LATERAL. The existing water line to parcel 2 ji'om the well has been disconnected and a new service provided to parcel 2 fi'om the water main Oil the east side <?[south 43rd. street, all in accordance with SUB water standards. II) PRIOR TO PLAT APPROVAL, THE APPLICANT SHALL RECORD AND DOCUMENT A SEVEN-FOOT WIDE PUE ALONG THE FRONTAGE OF . PARCELS I AND 2. See plat, the'sevencfoot widePUE is dedicated 011 the face of the pi,!/. 12) PRIOR TO PLAT APPROVAL, ALL SETBACK AREAS ON PARCELS 1 AND 2 SHALL BE LANDSCAPED IN ACCORDANCE WITH SDC 4.4-105. Planner (Atolly A1arkarian) met with applicant on site the morning ofFebrumy 8, 2008 to disclIss this issue and here the concerns the applicant had. After further discussion with applicant and other City stqU'members,lhis condition has been relieved (3) FUTURE DEVELOPMENT OF PARCEL 2 WILL REQUIRE OFF-STREET PARKING IN CONFORMANCE WITH SDC 4.6-125. Applicant is ({ware of this condition. PRE-SUBMITTAL REeD JUN 0 3 2008 - . . 14) FUTURE DEVELOPMENT OF PARCEL 2 WILL REQUIRE PA VCED PANHANDLE DRIVEWAYS. Applicant is (OWfre of this condition. .15) VISION CLEARANCE AREAS SHALL BE MAINTAINED AT EACH ACCESS TO A PUBLIC STREET AS PER SDC 4.2-130. Applicant is {[ware (?fthis condition. PRE-SUBMITTAL REeD JUN 0 3 2008 .-,~ ' .~... Figure Name:;BOONDA'RY.1' North: 1500.00 East: 1500.00 Course: S 00-03-00 W Distance: 100.0000 North: 1400.00 East: 1499.91 Course: S 89-10-00 E Distance: 201.6200 North: 1397.07 East: 1701.51 Course: N 00-03-00 E . Distance: 100.0000 North: 1497.07 East: 1701.60 Course: N 89-10-00 W Distance: 201.6200 North: 1500.00 ' East: 1500.00 Perimeter: 603.2400 Area: 20160.1157 0.4628 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.00000 Course: S 90-00-00 E Precision I: 603240000.00 PRE.SUBMllTAl REC'D JUN 0 3 2008 .~.. Figure Name:"P.A:'1(CB.L__Af5N;,00!~ . North: 1500.00 East: 1500.00 Cours'e: S 00-03-00 W Bistance: 31.00 North: 1469.00 East: 1499.97 Course:. S 89-10-00 E Distance: 49.00 North: 1468.29 East: 1548.97 . Course: S 38-08-18 E Distance: 19.29 North: 1453.12 East: 1560.88 Course: S 89-10-00 E Distance: 59.70 North: 1452.25 East: 1620.57 - Course: S 00-03-00 W Distance: 54.00 Nort,h: 1398.25 East: 1620.53 Course: S 89-10-00 E Distance: 81.00 North: 1397.07 East: 1701.52 Course: N 00-03-00 E Distance: 100.00 North: 1497.07 East: 1701.61 Course: N 89-10-00 W Distance: 201.62 North: 1500.00 . East: 1500.01, Perimeter: 595.61 Press any key for more... Area: 12823.28 0.29 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.007 Course:S 79-17-25 W Precision ,1: 82125.11 - . igure Name:.~RCEf?~~:7 North: 1469.00 East: 1499.97 Course: S 00-03-00 W Distance: 69.00 North: 1400.00 East: 1499.91 Course: S 89-10-00 E Distance: 120.62 North: 1398.25 East: 1620.52 Course: N 00-03-00 E Distance: 54,00 North: 1452.25 East: 1620.57 Course: N 89-10-00 W Distance: 59.70 North: 1453.11 East:'1560.87 Course: N 38-08-18 W Distance: 19.29 North: 1468.29 East: 1548.96 Course: N 89-10-00 W Distance: 49.00 . North: 1469.00 East: 1499.97 Perimeter: 371.61 Area: 7337.06 0.17 acres Mathematical Closure - (Uses Survey Units) Error of Closure: 0.007 Course: N 79-17-25 E PRE.SUBMITIAL REC'O JUN 03'2008 .' . , . , ~, 1651 CENTENNIAL BLVD. -SPRINGFIELD, OR 97477 P.O. BOX 931 - SPRINGFlqD, OR 97477 PHONE: 541.741,1981 FAX: 541,741.0619 .. ~ ~ ~~., ~}~~'..'l ~X~!g{~~~ TITLE INSURANCE SERVICES - ESCROW ClOSINGS 875 COUNTRY CLUB RD. - EUGENE, OR 97401 P.O, BOX 10211 - EUGENE, OR 97440 PHONE: 541.687,9794 FAX: 541.687.0924 August 31, 2007 Our Order No.: ELT-53994 PRELIMINARY TITLE REPORT Janice Jackson 875 South 43'd Street Springfield, Oregon 97478 . Estimated Premium for: PARTIAL BILLING $200.00 . TOTAL . $200.00 Dear Janice: We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as L.'l.dicated, based on this preliminary report.. LEGAL DESCRIPTION: SEE AITACHED EXHIBIT A Showing fee simple title as of August 16,2007, at 8:00 am., vested in: JANICE K. JACKSON Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in .the policy form. No liability is assumed until a full premium has been paid. PRE-SUBMITIAL REC'O JUN 0 3 2008 .,. PRE.SUBMITTAL REC'D SEP 0 [; 2007 CONTINUED "IN OUR BUSINESS, YOU MATTER MOST" www.evergreenlandtitle.com EL T - 53994 Page 2 PRE.~\llWl'\ "'1!, REC'O JUN (J 3 Z008 , 'c SCHEDULE ~ -~ GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existfug liens by the records of any taxing authority that levies taxes or assessments on real propJrty or by the public records; proceedings by it public agency which may result in taxes or assesslnents, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shoWn by the public records but which could be ascertained by an inspection of the land or by makiqg inquiry of persons in possession thereof. . 3. Easements, or claims of easement, not shown by th~ public records; reservations or exceptions in patents or in Acts authorizing the issuan4e thereof; water rights, claims or title to water, 4. Any encroachment (of existing improvements locatrd on the subject land onto adjoining land or of existing improvements located on adjoining 'land onto the subject land), encumbrance, violation, variation, or adverse circums~ce affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for.services, labor, matehal, equipment rental or workers compensation heretofore or hereafter furnished, imposbd by law and not shown by the public records, CURRENT EXCEPTIONS 6. 2007-2008 Taxes, a lien not yet due or payable, 7. Rights of the public in any portion of said premises lying within the limits of streets, roads and highways. 8. Deed of Trust, including the terms and provisions thereof, executed by Janice K. Jackson, as her sole and separate properly, as Grantor(s), to Westein Title & Escrow Company, as Trustee, for the benefit of Mortgage Electronic Registration SyJtems, Inc. (MERS) as nominee for Frontier Investment Co. dba Rainland Mortgage Complany, as Beneficiary, Dated August 14, 2003, Recorded August 22, 2003, Reception No. 2003~080852, Official Records of Lane County, Oregon, given to secure payment of a Note for $86,000,00. NOTE: Taxes, Map No. 18-02-05-21-09100, Code 19loo, Account No. 0563054, 2006-2007, $1,059.01, paid in full. NOTE: The address of the property to be insured herein is: 875 SOUTH 43RD STREET, SPRINGFIELD, OREGON 97478. CONTINUED , .~ 'ELT - 53994 . Page 3 NOTE: A JUDGEMENT/LIEN/BANKRUPTCY SEARCH was done for the name(s) JANICE X JACKSON, and as of AUgust 16, 2007, none were found. NOTE: As of August 16,2007, there are no liens for the City of Springfield, INFORMATIONAL NOTE: The vesting deed and changes within th~iast 24.months are as follows: WARRANTY DEED RECORDED May 8, 1991, FROM ROBERT W. illLL AND VIRGIEL. illLL, HUSBAND AND WIFE, TO HARRIS E. JACKSON AND JANICE K. JACKSON, HUSBAND AND WIFE, RECEPTION NO, 91-21136. NOTE: HARRIS E,.JACKSON IS DECEASED, Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: ct\JS-~----._" (J ~ Kimberly A. Ditlefsen . . Title Department Manager NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. '- PRE.SUBMIllAL REC'O JUN 0 3 Z008 ELT - 53994 Page 1 of 1 Legal Description EXHIBIT A Beginning at a point in the center of a certain proposed North and South road, which point is South 89010' East 437.12 feet from a point on the West line of the David Arthur Donation Land Claim No. 47, Township 17 South, Range 2 West of the Willamette Meridian, 1827.1 feet South 00 03' West from the Northwest corner. thereof, from said beginning point run South 890 ~ 10' East 453.24 feet; thence South 0003' West 100 feet; thence North 89010' West 453.24 feet to the center of said North and South road; thence North 00 03' East 100 feet to the Place of Beginning, all being in Lane County, Oregon. . EXCEPT that certain tract conveyed by Deed from J. '\'. Motsinger and Emma Motsinger, husband and wife, and Virgil F, Motsinger and Doris 1. Motsinger, husband and wife, to Frank E. Mecum and Lillian Mecum, husband and wife, Recorded June 4,1947, Volume 349, Page .. I . 196, Reception No. 2-41208, Lane County Oregon Rer'lrds. PRE.SUBMITTAl REC'O JUN 0 3 2008 "'<' ~ '. : , . b , ~I c '~ ....~ - _ --....d.....ltS'. 6"..2~ ~ A'~? /O'E. '- "'S3.-<~' - ) 1 - ......b 18 0205 24 ER SEE MAP , <? ~ 0 ';L - oS ~ L I , , -. . ....... - ~. - . - - - . /3",~d' -r;t'~ /3".~d' _+~. ( ',:/;. '?....:;; ~. nf 301 "":: 5900 ,,6800, , 6~ ~ h. tr.:: ~. ... .. 14 /tl3.,r. .-Y.81"S..l".E: 6200 13 /I?r.,r~ 6300 ,:I \1 \:: " .~ :r: ~ I- ~I ~ ,~ ,\: " ..' ..'t:J.1 ll' "I ~ ~ /~8.d"# Af8".S'.<,'"L 6700 . " . '--ea-..,.."..." , ~~. , {~y-: ~. , -ac. ~1-E-L"'7.81 __ .~. _.o' 1-'7 . ta.~' - -'\~G-' _,_' .er.q.,. , "T~' - - --m- _ --.;... ~ ~ .~ 8503 . (", T ,H'~'8801'. ~''''''''''~W,,'iNITIA~1 , ~'.4&' 'l Go...... zq"",.~ ,:" . ~ 8600 I, 'f 0.18.' AC '.". 8802 ~ :.POlNT .- , i1"~'''''''''' ~. s..,~~. 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'.' ~ ~" /d~2~. { \" ~ \T \I .hC8p.f..?'.F. )-G 0 G- 0 0...0 81 :J I ~, ~) ;gl ~ m,....d;~-m I"'f1 ~f# ..?$' <- en cC::: :z:CQ oS:: ~s;! '" r- 8::::c =?) d 31 /.:1'.. f/'# 6600 ~ 32 /DB'.f/" .. A< '55<16' .. 33 /#8.r 6400 " .. 34 "'''8'--..' .-V,'8.P .S,.I'('L, THIS flAP IS TO ASSIST LOCJ\TII'.JG PROPERTY THE CO""", N' 'f A 'o'~'U',\AF'~ NO "' /\'11. '_., , '-"..)'.,,> . ':.""'~-' UABIUTY fOR it-JACCURACIES- N "'.vi: S C,cURTESY OF EVSRG,-;;ei:N LAND IULE: CO 141.1981 R'- " /v~ '~....->-; 'd~ ~ \" .;.r'_ ~ \ I . . . .:; 7C '~ " - ~ ~ 0.;, '" , , ~ l:! .~- ;J~ ~)' ..\~: y4 . 1"-. BOI ~ :z:5 \0 ~'- ~ /4) !~~ N. r ~vacy Policy 'NOtiCf , .. {. Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company; LandAmerica Companies: Common~ealth Land Title Insurance Company, Commonwealth Land Title InsUrance Company of New Jersey, Industrial Valley Title Insurance Company" Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation TitlJ Insurance Company of New York . .' , I' . ~. , ,PlJRPOSE OF THIS NOTICE Title V oHhe Gramm,heach-Bliley Act (GLBA) generally prohiJits any financial institution, directly or ' through its affiliates, from sharing nonpublic personal informati04 about you with a nonaffiliated thii:d party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that itcollects about you and the categories ()f person!. or entities to whom itmay be disclosed. [n compliance with the GLBA, we are providing you with this dotument, which notifies you of the privapy , polioies and. practices of Stewart Title Guaranty, Company"Ste~ Title Ins~ce Company, Stewart Title fnsurance Company of Oregon, National Land Title Insurance COJ?lpany, ArkB;nsasTitle Insurance- , . Company, Charter, Land Title-Insurance.company~ ,LandAmericaFompanies: CommonwealtQ.Land Title tnsurance Company, Commonwealth Land Title Insurance Comp~y of New Jersey, Industrial Valley Title 'nsurance COll:1:paily; LandTitleInsuranceCompliny;Lawyers Title Insurance Corporation, Title Insurance' Jompanyof America, Trailsnation Title Insurance Company, Trarisnation Title Insurance Company of New l'ork. Ve may collect nonpublic personal information about you from the foUowingsourtes: InfoDUatiQn WQ ~.ive from you, such as pn lIf!PI,ic;ltions or 9t4.er f6rms, ' InfoiuiatiQrt aijiO,iii'yourtnmsaotlonS ~seoure fr(l~9iiftn~s::cir 'frofu our ~esor otlie~:' , '.;. ,. Wo~~~~~,(i~m~,C?~eri:ePo~~~!'4i:Y.',:~:.:,I" ',' '_ ,":;::, .'._. lnformation'.tliiIt we recdve 'from others i!i.vlilvc;d W:YOUl'!mnliaction, such as the rear estate agent or' lender. .. .'. .. .. . ." . - .J,u. I '" rnless it is specifi9llI1y.~.othernrise in an 8ffillD.d,edPdvaf.}yJ;'9.liqy Notice, nq ~ditiol1l\lno!Wublicpei:sona1 Iformation will be collected about you. '" re may c;Iis.$Jl.~any .l?fthe,above, information t1iatlY~. c,oJ.J.ect jlbout our cllStomers or fom;lC~rcl!Stomers to our, IiliatesoI:tP.nci~~te.dlfiirdparti~aspermittlld~ytaw..". I " .: ,.' ".. . '._ ',.. .. .....' . -, , I . ',' ,'.., 'e also may disclose this iDfurination about our customers or fornier customers tpthe following types ofnonitffiliated . mpanies that perform marketing services on our behalf or with whom ~e have joint marketing agreements: Financial service providers such as ciJmpanies engaged 'in banking, cblISlUller finance, securities and insurance, Non-financial companies such as envelope stuffers and other fu1fiI..Iill~nt service providers, , I E DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WTIH ANYONE FOR ' I{Y PURPOSE THAT IS NOT SPECIFICALLY PERMllmv BY LAt e restrict access to nonpublic personal information about you to those employees who need to know that infolUlation order to provide products or services to you, We maintain physical, elJctronic and procedural safeguards that nply with federal regulations to guard your nonpublic personal informAtion. , PRE-SUBMITTAL REC'O JUN 0 3 2008 '- '-.. 7 FOOT WIDE FRIVA TE UTILITY EASEMENT A 7 foot wide pnvate utility easement Iymg m the northwest quarter of Section 5, Township 18 South, Range 2 West of the Willamette Mendlan, all m Spnngfleld, Lane County, Oregon, said parcel bemg a portion of that certam tract of land descnbed on reel No. I G94, Instrument No.9 1 2 1 13G, as recorded m Lane County Oregon Deed Records, said parcel bemg more particularly descnbed as follows: Begmmng at the northwest corner of lot 1 9 as shown on Lane County Survey File No, G 155; thence S8910'00'E 25.00 feet to a pomt on the east nght-of-way Ime of South 43rd Street; thence along said nght-of-way SOoo03'00"W 3 I ,00 feet; thence leavmg said right-of-way 5890 I O'OO"E 49.00 feet; thence S3808'18"E 2,85 feet to the TRUE POINT OF BEGINNING; thence 53808' 18"E 7.42 feet; thence 570041 '05"W 9,8G feet; thence NOo021 '47"w 7.40 feet; thence N70041 '05"E 5.08 feet to the TRUE POINT OF BEGINNING, all m - Spnngfleld, Lane County Oregon. Contammg 52 square feet, more or less. The beanngs are based on Lane County Survey File No, 3 13G2 f,RE.SUBMITT6,\ P~C'D JUN 03 ZOOtl II .', , PRE.SUBMITTAl RECID JUN 0 3 2008 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; includes Waiver of Rightto Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfield. hereinafter' referred to as City, and Ja J') I C:.("' I( _ tJ(i.r.J(.CtVj. . hereinafter referred to as Applicant(s), do covenant and agree with respect to the real properly described below as follows: 1. Applicant(s) warrants and represents to the CiIy of Springfield that it is the owner of the properly more particularly described and set forth in Paragraph 7 below and, as owner. has the authority to enter inIo this Improvement Agreement with the City of Springfield, 2. Applicant(s) desires Development Approval from the City with respect to the following DevelopmenI Application SU~ j! ()DR -/"lfV)() I 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 ImprovemenI Agreement is an alternative to imposing a condition on Applicant's development approval thaI 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 fuIure at CiIy 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 aI 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 there.of to be paid by Applicant are presently unknown and may be greater than the costs Ihat would be apportioned if the improvements were constructed immediately or by ApplicanI 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 Irontage of to include: IXI surfac!, paving; ~ storm sewers; ~ sanitary sewers; [g] gu~ers; 0 planter strips; i:&I street trees; ~ street lights; (b) TRAFFIC SIGNALS at the intersecIion of (c) OTHER'IMPROVEMENTS ,~ curbs; !Xl sidewalks. (BarCode Sticker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT':' 225 FIFTH STREET - SPRINGFIELD OR 97477 I:\PW FOIlT\' ~nd AppliC3tionsl2007 August Imp'''''emenIAgreemonl InclucfngNa~ce of Po/~~alAfuHmeJ11 Usn _ Inlividufll,doc REVlSEDAu51Uot.2007 PagelD13 Applicant acknowledges Ihat the list of marked improvements reflect those thaI would currently be required under the appropriate City codes and ordinances. Applicant , acknowledges that it understands that the improveme,nts made will be those required to bring the street to full urban standards lor the then current functional classification of the street as those standards exist at the time the im'provements are made and may, therefore, differ from the list of improvements checked herein. SEE EXHIBIT "A": ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE PRE-SUBMITIAL REC'O JUN 0 3 2008 7. LEGAL DESCRIPTION: Tax Map & Lot No.: ' 87_< SO!J.rh ~.:?..t:st ,:.~("/'J{7(1.f.~ C!R...!ll...~-I78 '/ V 8. Ciiy agrees that Applicant's execution and p~rfor;"ance of the terms of the Agreement will be deemed to be in compliance I with City's policy pertaining to improvement requiremenIs, and if Applicant complies in every respect with all' other applicable laws of the State of Oregon, Lane Couniy, and Ciiy, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth ther~in, , . I ' ' 9. This agreement is enforceable by the'State of Oregon, Lane Couniy or CitY. . ! . 10. APPLICANT AGREES TO SIGN ANY ANEl ALL WAIVERS, PETITIONS, CONSENTS 'AND ALL.: OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACTOR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCHIMPROVEMENi'S. Applicant does not waive any right to protest the amount or manner of spreading th'e assessment thereof, if the same shall appear to the Applicant 10 bear inequitably lor unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition is in consideration, for the Ciiy's waiver of the requirement for the imn)ediate constructio'n of the public improvements that the development necessitates, This improvemenI agreement waives the property owner's right to file a written remonstraiion. 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 Ihe intention of the parties hereto thaI the co!enants 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 Couniy Eleed Records. j NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser 01 this property, you are advised to discuss Ihis Agreement with an Attorney of your choice, Execution arid recordaIlon of this Agre,ement will place requirements on theOwnerland any subsequent purchaser of the Real Property described in Section 7 and their heirs, successors and assigns. These requirements include but are not limited Ito 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 cosIs to the Owner and Purchasers, and their heirs, successors and assigns. An Applicant's signature on this Agreement indicates that the Applicant has th'oroughly read this Agreement, understands iI, has had the opportunity to consult I.!gal counsel prior to iIs execution, and understands that execution of the Agreement may result insignificant financial obligations imposed upon the Owner of the Real Property. Any prospective Purchaser of the property burdened by this Improvement Agreen)ent should also thoroughly review this Agreement, consult with legal counsel prior to purchasing the property, and understand thaI this Agreement may result in a signfficant financial obligation imposed upon any Owner of the Real Property described in SeCtion 7, . . , , AKA: Property Address: I, 1:\PiJ Fe",". and Aw/ica~g...\2007 August Improv.mentAgr..ment including Notil;ll 01 Polenlill As.aumanl Usn - Individual.doc Pegl201J REVlSEDAugul~ 2007 WHEREF~E, the parties have hereunto set !heir hand this day of J .J f'~ ' , 200 $? . . !illiNACIJ~",Oa1~..Y;; X~"- PRINT NAMEISj, //-r 'e"'....- -<I- >-1 I j./..J...a-Y\.I ~r f'"vJcJ.lC"-_ Ot'\... -', ~~.Y~ 1.,,-S--oP STATE OF OREGON } 55 COUNTY OF 1..4-N S. .-.- BE,ITREMEMBERED that on thisr,:;~ day of J,) N ,200Qbefore me, Ihe undersigned, a nota'L-public in and ,for said County and State, personally appeared the within named jrl.r, I'U Id'-Y,( P'r,r, .whose identity was proved to me on the basis 01 satisfactory evidence and who executed the within instrument and acknowledged to me that ~'n...e executed the same freely and voluntarily, ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written, ~.J-t-~ fL. hJ'L/' ~-~_._~ ;;::.':!.I--=-~" f~~=,~,,"~L_- 6FFfCiAL~SEAL ': I' REBEKKAH R KEHM: I NOTARY PUBLIC-OREGON i j COMMISSION NO. 414703 I ~ _ __ _~ ~.~~~l!~.!Q.IiE:l!~S FEBRUAR: 2~~O~_' Notary Public for Oregon ~ -,J.'7'- II My Commission Expires CITY OF SPRINGFIELD Reviewed and approved By (No notary required) Development Services Department, Planning Division , . Dennis P. Ernst - City Surveyor PRE-SUBMITTAL REC'D JUN 0 3 2008 Accepted by STATE OF OREGON COUNTY OF } S5 BEJT REMEMBERED that on this day 01 , ZOO_before me: the undersigned, a notary public in and for said County and State, personally appeared the within n.amed Dennis P. Ernst whose idenIity was proved to me on the basis of satisfactory evidence and who executed Ihe within instrument and acknowledged to me that he executed the same freely and voluntarily . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year lastabove written. ' Notary Public for Oregon My Commission Expires I:\PV;' Forms and Application.IiDO] Augusllml"<>YemenlAgr~ indudlllJj Netice cI Potential As$...menl wen -1n<:lvldu81.<lc<: REVlSED Augull. 2007 page3D!3 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number PRE2008-00037 Payments: Type of Payment Check cReceintl RECEIPT #: Description CTY' Partition Plat Paid By JANICE JACKSON 2200800000000000809 Cj' 1f Springfield Official Receipt D~.dopment Services Department Public Works Department Date: 06/03/2008 9:04:59AM Amount Due 336,00 $336,00 Item Total: Check Number Authorization Received By Batch Number Number How Received MEM Page I of 1 Amount Paid 3728 $336.00 $336.00 In Person Payment Total: PRE-SUBMITTAL REC'O ~UN 0 3 2008 . . ,J . 6/3/2008