HomeMy WebLinkAboutApplication APPLICANT 4/12/2007
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.' Cit)'. of Springfield
Development Services Department
225 Fifth Street ,
Springfield, OR 97477
Land Division Plat Application, Type I
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Subdivision Plat:
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Applicant Name:
. Company:
Address: .
Applicant's Re~.: I
Compa~y:. I
Address: I
WI4L'TIE/Z- ;4- Dr2;5wS Phone: 1R~3":'S&if
G<f:'t< 13UfL.D/lv0 Co,JCF-l'r.51Fax: I
1/3.5' C f4L. ~<lUnl6 R.. D Eu (" 0/2.
Phone: I
Fax: I
9'74tJj
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PropertY Owner:
Company: .
Address:
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IFax: I
ASSESSOR'S MAP NO: /7-a3 -2-4-..:. '3 - 4-TAX LOT NO(S): 0 II CJCJ
Property Address: f'il'ilr? '/-I,4iADE,;t}'BI2,i:>'("E;ZD ~
Size of Property:. . 1,7-7 ,Acres ~ Square Feet 0 .
Proposed Name of Subdivision: ICtAl (; J-iEr.//<.. wCc/u/z...r
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/ D L-~ --r :5' J8 01 VI l' j () N- ./26<;; l()~I1J/)I;4L
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E~isting Use: . /Z E<; t j)~.J '/7;4 L . TI!ntativeCase #: 200S- -60030 '1
# of Lots/pa~cels:. / 0 ~vg. Lot/Parcel Size:: (, 'Z..oO sf. Density: du/acrel
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Applicable Refinement Plan: .' . Plan'Designatlon:' I
Location:. City Limits D' ".: Urban. Growth .Boundary 0 .
Associated Applicati(;ms:
Pre-Submittal.. . ". ,
Case No.: _ Date: '. . "I' .' . Reviewed by: , . .
case. NO::'SUf!::,)IX)~te:' . .... ,'~!(LJ-fieviewed by: fl/tJ~
Application ,Fee: $ 0 ~hnical Fee: $' . ' .' Postage Fee: $ I
TOTAL FEE'S $' 1
'Description of
. Proposal:
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Revised 11/20/2006 hj .
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Steps in the Process:
1. The Applicant Submits a Pre-Submittal Meeting Application
The Pre-Submittal Application is mandatory. Please refer to the Fee Schedule for the current,
application fee. The submittal package must conform to the application completeness checklist
attached to this form, Please refer to Page 4 for the Pre-Submittal requirements. Pre-
submittal meetings will be conducted every Tuesday and Friday between 10:00 a.m. and noon,
We will strive to conduct the Pre-Submittal meeting within five to seven working days of receiving
the application.
2. Applicant and the City conduct the Pre-Submittal Meeting
We strongly encourage you,the'owner and design team, to'attend the Pre-Submittal meeting.
The meeting will be held with 'representatives from Public Works Engineering and Transportation,
Community Services (Building), Fire Marshall's office, and the Planning Division. The meeting will
be scheduled for 30 to 60 minutes. The Planner will provide you with a Pre-Submittal Checklist at
. the end of the meeting specifying the items required to make the application complete-if it isn't
already complete.' You will then have 180 days to make the application complete for sub'mittal
and acceptance by. the City. ' '
3. Applicant Submits a Complete Application
,When you have addressed all ofthe items on the Pre-Submittal Checklist, please submit a'
complete application to the Survey Section located at the NW Qua'd of City Hall. Refer to page 5
for the submittal requirements. The plat application fee will be collected at that time if the
application has been deemed complete. After Surveying and Planning staff checks and signs the
mylars the plat may then be recorded by the applicant's surveyor at Lane County. '
AFTER RECORDING:
Submit Five (5) recorded rolled paper cop'ies of the plat along with Three (3) copies of required
documents delivered to the Development Services Department prior to the issuance of any
building permits. '
Owner's Signature
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This application will be used for both the required Pre-Submittal Meeting ~nci s~bsequent complete
application submittal. Owner's signatures are required at both stages .in the applicatio'n process.
" An application without ,the O,wner's original signaturewiH not be accepted. ' '
The'undersigned acknowledges that the information in this application is correct and accurate for'
scheduling ofthe Pre-Submittal Meeting. ' .' ,
Owner:
Date:
Signature'
Print Name
Revised 11/20/2006 hj"
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Plat applications will be processed as follows: (se~ attached ,Plat Review Pr~cess Flow 'Chart)
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2.
3.
4. '
5.
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The applicant submits a Pre-Submittal meeting application. ,
Within five to seven working days, the applicant and the City conducta pre-submittal meeting.
The applicant coordinates any additional review of the plat and other required documents with
representatives from the City's Planning, Public Works Engineering; and Surveying Section.
The City Surveying section will notify the applicant's Surveyor when the plat and other '
documents are sufficiently ,refined to allow for the submittal of the plat'mylars.
The applicant submits:
a. The Mylars and all final documentation to the Surveying Section located in the NW Quad
Section of City Hall., '
b., If document set is compiete'; applicant submits to 'Planning the Plat 'application, a copy
of the mylar and final documents as well as financial securities including the application
fee~ _, ' ' ' , , : ' '
The City Surveyoranei'.Development Services Director may sign the final plat ifall other
, conditions and requirements are fulfilled. " ' , ,
7.' The plat mylars may be delivered to Lane County for recording by theapplicant's Surveyor or
whomever the Surveyor authorizes. ' ' , ",' ,
6.
8.
The applicant shall deliver Five (5) recorded roll~d pl~t paper c~pies, ~Iong with Three (3)
copies of ar:lY other recorded required documents to the''oevelopment Services Department'
prior to the issuance of any building permits; ,
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Revised J 1/20/2006 hj
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PRE-sm ITTAL CHECKLIST FOR INTAK )FFINAL PLAT
PARTITION OR SUBDIVISION NAME:'
OWNER/DEVELOPER:
, DATE RECEIVED: SURVEYOR:
PLANNING CASE NO: (tentative)
REQUIRED DOCUMENTATION:
1. 0
2. 0
3. D
4. 0
5. 0
6. 0
7. 0
8. ,0
9. 0
'10. 0
11. 0
12. D
13. 0
14. 0
15. 0
16. ' 0
17. 0
18..0
(final)
Final plat application. " "
A letter which lists and addresses each of the Conditions of Approval, and details the
actions'taken, and current status of each item;'
9 paper copies of the plat stamped and signed by the surveyor.
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. '
2 copies of title report or subdivision guarantee for the parcel being divided. The title
, report must be dated within 30 days of submittal at the time ,of the final submittal. 'An
older report is OK for the initialreview.' '
2,copies of each 'of the reference documents and plats listed on the plat.
2 copies of ea'ch of thesupporti~g documents: the vesting deed (must vest title to the
owner listed on the plat), existing easement deeds, and documents listed as exceptions'i,n
the title report, etc. ,,' ,"
2 draft copies of any STREET DEDICATIONS (In the City of Springfield street dedications,
on Partitions must be reco'rded by separate document per SDC 34.090 (3)(i) [surveying]
:2 draft copies of any NEW easements or restrictions being created by separate document,
improvement agreements, maintenance agreements, joint use ingress/egress arid 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.
2 copies of a Consent Statement (Concurrence) on the plat (to be signed by the lender
prior to final approval) OR 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. '
ORS 92.075 (2-4) ,,',' '
Copies of wetland documents as 'required:
Copies .of ODOT Access Permits as required;, '. .' '
One draft copy of Bargain and Sale deed for RESERVE STRIPS (we hilve a boiler plate for
this purpose).", ' , ' " " , ',' . ... .,.... .
Verification that street tree agreement is in pfogress~ as required.
One draft' copy of the Conditions, coven~nts & Restrictions (CC&RS)., "
Post monumentation deposit as required. Check with surveying for current fee. Surveyor
. provides a boiler plate deposit form for this purpose" (Applicable to subdivisions only).
The location of the f1oodwayof f100dway fringe in accordance with Article 27 of the
Springfield Development Code. ' , '" '
Existing easements must be c1early'identified with their recorded reference. New'
easements and reserve strips must be referenced in:the owner's certificates of dedication.
The purposes of easements must also be identified on the plat.' '
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Revised 11/20/2006 hj . "
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225 Fifth Street
Springfield, Oregon 97477
541-726-3759 Phone
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Job/Journal Number
SUB2007-00019
SUB2007-00019
Payments:
Type of Payment
Check
CreditCard
Job/Journal Number
SUB2007-000 19
SUB2007-000 19
Payments:
Type of Payment
Check
Cred itCard
cReceintl
RECEIPT #:
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1200700000000000408
Description
CTY Suhd >LDR Base +446 Lot
+ 5% Technology Fee
Paid By
JLA INVESTMENTS LLC
MARV KRUSH
City of Springfield Official Receipt
tvelopment Services Department
Public Works Department
Date: 04/12/2007
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
/Imm ' 1222 In Person
055724 In Person
Payment Total:
Description
CTY Subd >LDR Base +446 Lot
+ 5% Technology Fee
Paid By
JLA INVESTMENTS LLC
MARV KRUSH
Received By
/Imm
Check Number
Batch N~mber
Page I. of I
Item Total:
Authorization
Number How Received
1222
In Person
055724 In Person
Payment Total:
4:41:28PM
Amount Due
5,175,00
258,75 ,
$5,433.75
Amount Paid
$5,175,00
$258,75
$5,433,75
Amount Due
5,175,00,
258,75
$5,433.75
Amount Paid
$5,175,00
$258,75
$5,433.75 '
4/12/2007
After recording return ,
G & R Building Concepts, Inc,
1135 Cal Young Road
Eugene, OR 9740 I
AFFIDA VIT OF-CONSENT
BE IT KNOWN BY THESE PRESENT, that Jack H. Louie and lIIine M. L.
Louie, is the beneficiary of that Deed of Trust dated October 18, 2005, recorded
October 19, 2005, Document No. 2005-083231, Lane County Oregon Deed Records.
BE IT FURTHER KNOWN that the property described, in said Deed of
Trust, is.being subdivided by G & R Building Concepts, Inc. and JLA Investments,
LLC.
NOW BE IT FURTHER KNOWN that Jack H. Louie and lIIine M. L. Louie"
Beneficiary, does hereby agree and consent to the platting of the above referenced
subdivision plat.
Dated this _ /), 12' day of
cC-~ ~/A
, H. L~I&
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lIIine M. L. Louie j
b't, "J"Cl-c..\(. 1-\. L.ov\t. .l\~
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Personally appeared the above named Jack H. Louie and lIIine M. L. Louie, on this
\ ~-th day of "De..C.R"", b ~ , 2006 and they acknowledged the
foregoing instrument to b'e their voluntary acts and deeds.
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ACKNOWLEDGEMENT: State of Oregon
County of Lane
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. OFFICIAL SEAL
, , , DARLEEN SHORT
""'~''''''',.' NOTARV PUBLIC, OREGON
, COMMISSION NO, 365739
MY COMMISSION EXPIRES APRil 1 , 2007
Notary Public for Oregon
~y Commission Expires '-I. \ l \ D I
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DECLARAL, .i OF COVENANTS; CONDITION~;'~ND RESTRICTION
FOR
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KING HENRY COURT
1888 HAYDEN BRIDGE ROAD
SPRINGFIELD, OREGON 97477
This declaration is made on the date hereinafter set forth hy Walter A. Drews, President. of G & R BuiIdinl! Concents. Inc. and
Jack H. Louie. Member of JLA Investments. LLC, an Oregon Limited Liahility company, 1135 C..I Youn" Road. EUl!eue.
OR 97401. Hereinafter referred to as "Declarants",
Declarants are the owner of certain real property in the City of Springfield, Lane County, Oregon. which is more particnIarly
described as: Lots 1 through 10, King Henry Court, Springfield, Oregon as piatted and recorded in File
Slide , Lane County Plat Records in Lane County, Oregon,
Declarants hereby declares that all the properties ahove shall he hcld, sold and conveyed suhject to the following easements,
restrictions, covenants and conditions, Which arc for the purpose of enhancing and protecting the vaIue, desirahility and
attractiveness of the properties, Thesc eascments, covenants, conditions and restrictions shaH run with the reaI property and be
hinding on all parties having or acquiring any,right, title, or interest in the described properties or any part thereof, their heirs,
Successors and assigns and shall insure to the benefit of, be imposed upon and pass to the heirs, successors and assigns. and the
owner or owners of any other sucb Lots,
Artiele 1: Definitions
Section 1: "Owner" shall mean and refer to the record owner. whether one or '1lOre persons or entities, of the fee simple title to
any Lot which is a part of the Properties, including contracl huyers, hnt excluding those having such interest merely as security for
the performance of an ohligation,
Section 2: "Properties" shaH mean and refer to that certain rcal propertydescribed above,
Section 3: "Lotfl shaH mean and refer to any plot of land shown upon any suhdivision map of the properties,
Section 4: "Improved Lotfl shaH mean and refer to a Lot with complete living unit Ihereon,
Section 5: "Streetfl shall mean and refer to any improved pnblic street shown ~pon the record subdivision pIat of the Properties,
Article II: Arebitectural Control
Section I: No huilding, fence, wall, or other structure shaH be commenced, crected or maintained upon the Properties, nor shaH
any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape,
height, materials. color and location of the same, shall havc been suhmitted to and approved hy the Architectural Control
Committee, (hereafter "Committee"), Approval shaH be on hy written document" spccifieaHy stating that aH aspects of the ptans
and specifications suhmitted arc approved in their entirety or as modified, The Committee shaH have sole discretion to approve or
disapprove, The Initial committee shaH he the Declarants and will have fuH legal and financial say until aH lots arc developed
and final. The Primary purpose of the Committee is to create a neighborhood, which is attractive, consistent and of high quality,
Members of the Committee shall selVe until they resign or are repIaced hy vote of the Committee or the Lot Owners, A committee
member may be replaced hy vote of the Lot Owners represcnting seventy-five percent of the lots suhject to these Conditions,
Covenants and Restrictions, In any such vote, each lot shaH receive one vote, Lot owners by vote, shall replaee any Committee
member so removed, A Committee mcmber may be repIaced hy the vote of the other memhers of the Committee, The remaining
members shaH'select a replacement for a member so removed, If a vacancy is created on the Committee due to resignations or
other cause, the remaining committee members shaH sclect a replacement.
Section 2: Application for approval Each owner or huilder desiring to make a'site or structural improvements on his or her lot
shaH, prior to requesting a building permit from the City of Springfield submit to the Committee for approval. the following:
A: One set of plans, which shaH be retained hy the Committee, containing:
a. Plot plans showing location or proposed improvements on the lot
h, All elevations
c, Floor Plans of all Ievels
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DECLARATION OF COVENANTS,
..,.:, CONDITIONS, AND RESTRICTION
FOR: KING lIENRY COURT
B: One set of specifications of materials descriptions list. All plans, specifications and samples will be received by the
Committee, taking the Requirements and Criteria (Article Ill) then in effect, into consideration and shall notify the owner in
writing of approval and disapproval within 30 days of suhmission, Any notice of disapprovat shall slate, with particularity, the
areas of disapproval and, if practicahle, corrective measurcs consistent with the ,Requirements and Criteria,
Upon failure of the Committee to take any action on a completed application within (30) days of suhmission, the application with
be deemed to have been approved suhject to the plans otherwise being in comptiance with eth express provisions of Ihe Covermnts,
Conditions and Restrictions,
Section 3: Scope In addilionto the ahove authority. the Committee shall also have the anthority to estahlish rules and approve or
disapprove with respect 10 the various matters set forth in the following restrictions, '
Article III: Requirements and Criteria'
Upon submission of the plans to the Committee hy an owner as set forth in Article n. approval or disapproval will be based upon
the following requirements and criteria:
Section 1: Height All huildings shall be one story. two story or split level and lI;c maximum height shall be suhjcct to approval hy
the Committee,
Section 2: Square Footage No dwelling shall be erected or maintained on any lot unless it contains at least 1800 square foot of
living space exclusive of garage, open porches, patios, orhreezeways or any other huilding structure or noor whieh is other than a
part of the principal residential structure, Notwithstanding anything to thc contrary herein. the square foot requirements shall he
suhjCCl to approval hy the Committee,
Section 3: Siding Exterior building materials shall be hrick, lap, tongue and groove siding, stucco or other architecturally
comparahle material. No front or side street evaluation will have T I-II or equivalent.
Section 4: Roof Pitch Minimum roof pitch shall he 6/1 2 on all predominant roonines,
Section 5: Roof All roof material shall he shake. tile, thirty- (30) years offset or dark composition (" ARC-80 Style"), The
Architectural Control Committee prior to installation must approve - black design,
Section 6: Exterior Colors Exterior colors shall be limited to those normally seen on traditional homes, No hright colors arc
allowed! Muted colors arc required to reduce visual impact as viewed for neighboring properties,
Section 7: Exterior Windows Painted, stained. clad wood or vinyl windows a,,(preferred,
Section 8: Fencing Fences shall be huilt of good quality materials, including wOod with treated posts, masonry, plastic or chain
link with slats, or as approved hy the Committee, No fence shall protrude pasl the front of the residence,
Section 9: Maintenance During Construction During construction. thc Lot owner shall be responsihle for keeping all streets and
sidewalks in a neat' and clean condition and shall not he allow auy dangerous conditions left unattended in his/ber property, All
materials. equipment. trailers and construction facilities shall he kept ofT all streets during construction to allow c1caning and
maintenance of streets,
Section 10: Waiver The Committee sball bave tbe sole and exclusive rights in its diseretion to wave. in whole or in part, any
provision, covenant, condition, restriction or reservation herein, ifin its discretion. it is determined that such action is n,cessarv 10
avoid hardship to any property owner, including the undersigned and il will nOlmaterially detract from the value of the adjoining
properties, Any instrument duly acknowledged hy the undersigned and recorded'in the Puhlic Records of Lane County. Oregon.
shall be conclusive evidence of such detennination and action,
ARTICLE IV: USE AND MAINTAINENCE RESTRICTIONS
Section 1: Residential Use All lots are shown on the Plat ofKing'Henry Court shall be use only for private residential purposes,
No trade, husiness or professional husiness shall he conducted or practiced thereon, except as allowed hy the City Zoning Code
governing said Property, '
Page 2 of2
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DECLARATION OF COVENANTS.
,', CONDITIONS, AND RESTRictION
FOR: KING m;NRY COURT
Only one private, single family dwelling, not exceeding Iwo stories in height, together with the customary outbuildings, including
a private garage for not less than two (2) cars (which may be incorporated into main residence), shall be erected or mainlained on
any lot. No carports shall be allowed,
All structures in said suhdivision shall he constructed from cntircly new materials and shall be constmcted entircly on site, Exterior
walls may be framed and sided off site,
Sidewalks for each lot, as required hy the City Springfield, shall be the responsihility of the huilder or owner,
See'tion 2: Animals No kennel, aviary containing more than five hirds, dairy, stahle, ~am, hutch or warren shall be erected or
maintained on any residence lot. nor shall dogs, cats, hirds, horses, cows, poultry. rahhits or other animals or fowl, be kept hereon,
except this restriction shall not be constmed to prohihit ordiuary household pets,which do not constitute any annoyance or
nuisance to the neighborhood,
Section 3: Nuisance No nocuous orelIective trade or activity shall be carried on upon any lot, nor shall anything be done Ihereon
which may be or become an annoyance or nuisance to the neighborhood,
Section 4: Signs No signs of any kind shall be displaycd to puhlic view on any Lot except one (I) of not more than two (2) square
feet located not less than 15 feet from the front lot line, Said sign may be used tO'advertise not more than one (I) home occupation,
In addition, a sign not larger than 30" hy 48" may he temporarily erected, advertising the property for sale or renl,
Section 5: Temporary Buildings No trailer, hasement, shack; tent, garage, ham or other outhuilding erected in the subdivision,
shall at any time be used as a residence, temporarily or permanently, nor shall any stmcture of a temporary character be used as a
residence.
Section 6: Drainage Each owner, their heirs, successors and assigns of a lot in said subdivision agree that they will not in any
way, interfere with the estahlished drainage over their lot and that they will make adequate provisions for property drainage for the
benefit of all affected lots, For the purpose hereof. "estahlished drainage is defined as the drainage which occurred at the time the
overall grading of said subdivision was completed hy the undersigned Declarants",
Section 7: Refuse No lots shall he used or maintained as a dumping ground for refuse, Trash, garbage and other waste shall not be
kept, except in sanitary containers, which shall be emptied weekly, All incinerators or other equipment .for the storage or deposal
of such. material as prescrihed hy ordinance shall he kept in a clean and sanitary condition, During the period ofconstmction and
development of the Plat, this provision will not apply to the Declarants, Storage of any kind of goods, chattels, merchandise,
material, fuel, supplies or machinery shall be witltin walls ofhuilding or enclosed hy light fences that completely scrcen il from
sight.
Section 8: Vehicles These covenants hereby include a restriction on overnight parking on the dedicated streets within the
subdivision, All unsightly or inoperahle vehicles shall be removed from the streets and parked in appropriate areas so as to not
hinder the overall beauty of the arca, All boats; trailers and recreational vehiclcsshall be stored in an appropriate area behind a
screen or fence no closer to the street than the front of the garage,
Section 9: Landscaping Yards shall be landscaped not more than 45 days after final inspection except when occupaney occurs
after October first and heforeMay first. Yards delivered to occupaney during inclement weather shall be landscaped not more than
45 days after May first. Yards shall be maintained in a near and clean condition and grass shall be watered and cut regularly,
Section 10: Heating and Air Conditioning Exlerior air conditioning or heatiog units of heat pump design. shall be approved by
the Architectural Control Committee, subject to location on the lot. Window mounted air conditioners shall not be allowed,
Section 11: Antennas No Antenna or Satellite dish erected on any lot shall extend more than three feet above the portion of the
roof of the dwelling on which it is mounted, Any Satellite dish shall be installed in such a way as to be out of view from the front
porch and side yards of neighbors,
Section 12: Time of Completion All dwellings, stmctures and additions shall be completed within ten (10) months after
constmction has commenced, except in cases where completion is impossihle oC:will result in a great hardship to the owner or the
huilder due to strikes, fires, national emergencies or other like events,
Page 3 of3
DECLARATION OF COVENANTS,
0', CONDITIONS, AND RESTRICfION
FOR, KING HENRV COURT
ARTICLE V: GENERAL PROVISION
Section I: Enforcement In addiIion to the righI of any effected Owner to enforce Ihe covenants and restriction contained herein,
if any of'the Covenants, Conditions or restrictions are violated, or it appears tha,t an attempt to violate will be made, the
Committee.. as a Committee. also shall have the anthority to institute and prosecute such proceedings on behalf of any owner or
owners of the lots in the suhdivision, No faiJure to prosecntc any person for any violation or attempted violation shall be deemed a
waiver of a right to enforce and such violations hy the same person or othcr persons, The prevailing party shall be entitled to
recover costs and reasonahle attorney fees, hoth trail and appellant. in any such'proceeding,
Section 2: Conflict In the case of conlliet hetween these restrictions and any zoning ordinance of any governmental hody, the
more restrictive shall prevail. .
Section 3: Sever Ability Invalidation of any party of Ihe restrielions shall in no way effect Ihe remaining restrictions,
Section 4: Binding Effect The provisions herein shall be hinding upon and inure to the benefil 011 he successors, heirs and assigns
of the owners and all lot purchasers, uses and owners,
, Section 5: Time The Declaration shall run for the benefit of each of the lots affected and shall control the use of the lols for a
period of twenty (20) years from Ihe date Ihe Declaration is recorded, after which time, they shall automatically be extended for
, successive periods often (10) years, This Declaration may be amended by an instrument signed by 75% oflhe owners and must be
recorded,
In Witness thereof this Declaration was executed on this
day of
,2007.
STATE OF OREGON
S5
COUNTY OF LANE
Tbe above named Walter A. Drews, President, of G & R Building Concepts, Inc., and Oregon Corporation, and Jack H.
Lou,~ ~mber of JLA !pyestments, LLC, an Orel(on Limited Liability Company acknowledged tbe forel(oinl( before me
this p,- day of f'....r.r, I ,2007.
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L' p';?te:,V ri Building Concijifs~
. OFFICIAL SEAL
JONETTE BUSS
NOTARY PUBUC-OREGON
\,'"../ COMMISSION NO, 4079 t 7
MY COMMISSION EXPIRES JULY 2, 20t 0
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After recording return ,
G & R Building Concepts, Inc,
113 5 Cal Young Road
Eugene, OR 97401
DECLARA nON OF v ARIABLE-WlDTH PRN ATE JOrNT USE
ACCESS AND UTILllY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
A. Declarant: This Declaration of Joint Use Access and Utility Easement and Maintenance
Agreement is made by G & R Building Concepts, Inc, an Oregon Corporation aS,to an
undivided,50% interest and JLA Investments, LLC, an Oregon Limited Liability Company
as to an undivided 50% interest, the owners of the real property described as KING HENRY
COURT, as platted and recorded in Lane County Official reCords, and the Access and Utility
Easement as described in Exhibit "A",
B, Purpose: This Declaration of Joi~t Use Access and l:Jtility Easement and Maintenance
Agreement is made to specifically provide for:
(I) Access to Lots 8, 9 AND 10 of said KING HENRY COURT, and
(2) Installation and maintenance of utilities, and
(3) Maintenance requirements of the Access and Utility Easement, and
(4) Responsibilities for all persons who arc or who may become parties using said casement.
WITNESSETH:
Now therefore in consideration of the foregoing recitals, which arc expressly made a part of this
Declaration of Private Joint Use Access and Utility Easement: and Maintenance Agreement, the
u!ldersigned hereby declares as follows:
(I) Declaration of Access and Utility Easement: There is hereby declared, granted, conveyed and
created a perpetual and non-exclusive easement as a means of i!lgress and egress to and from Lots
8, 9 AND 10 of said KING HENRY COURT. It is further declared and provided that said
, easement may be utilized for the installation and maintenance of sueh utilities as may be needed to
serve said Parcels, It is expressly understood that no rights outside the Access and Utility Easement
are provided, 'I
(2) Extent: The easement created by this declaration are" not personal or in gross but are
appurtenant to each said Lot.
L,
"
(3) Duration of Covenants Binding or Successors and Assigns: The easement created by this
declaration shall be pennanent and perpetual and shall constitute covenants running with the land
and shall be binding on and inure to the benefit of all heirs, successors and assigns of Lots 8, 9
AND 10 of said KING HENRY COURT.
.., ~ ....
(4) Exclusive: The Private Access and Utility Easem~nt provided herein shall be exclusive to
owners, heirs, successors and assigns (and their guests) of Lots 8, 9 AND 10 of said KING
HENRY COURT or any portion thereof and caeh shall he entitled to use the Access and Utility
Easement for the vehicular, pedestrian access and utility purposes for which it is provided,
(5) Maintenance: Any property owner of Lots 8, 9 AND lOaf said KING HENRY COURT
may cause the Access and Utility Easement right of way or any portion thereof to be maintained or
repaired, The party causing said maintenance or repair to be done shall pay for such work, and
other property owners of Lots 8, 9 AND 10 of said KING HENRY COURT using the Access
Easement shall beliable for contribution based on that party's relative use proportional to the total
roadway use, This payment shall be made in a timely manner, not to exceed 30 days, from the date
of receipt of proof of expense,
c (6) Taxes: Real property taxes shall be paid by the owners of the property upon which the
easement is located,
(7) Indemnification: Each party shall indemnify and save any other of the parties hannless from
any liability, loss or expenses resulting from that parties agents and,employees, any independent
contractor hired by that party, and that parties pennitees, invitccs, licensees and guests unless that
, ' ,
injury is caused in part by any of the other parties' failure:: to contribute to the expenses of
maintenance of the Access and Utility Easement. "
(8) Further Documents: In the event that any further grants or easements are required to document
and effectuate the casement created herein for Lots 8, 9 and lOaf the aforementioned KING
HENRY COURT or portion thereof, Grantors each represent tliat each will execute said grants of
easements,
~M17
'1-1.;)7
Walt A Drews
Date
(L"1/ k '. &-,~dVt- _' - ~
J1tkK{;lle ~~~"
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4-9--07
Date
State of Oregon)
) ss
County of Lane)
The above named Walt A, Drews, President, G & R Building Concepts, Ine, an Oregon
Corporation, and*Jaek H. Louie, Member, JLA Investments, LLC, an Oregon Limited Liability
ICi\, Coml2any aekno',Vledged the foregqing befo~e me this 'Hit da,y of /I !I r- i i . 2007
~ *fir; 1 eo? LOU1" at~rney " 0 ,fac; for ,I
.L/1..fA1MA 1 //7, / /.ld.11Q AilT;{
Notary Public for Oregon I,. /
f "
My Commission Expires 1 ;:Z/'.o ';
OFFICIAL SEAL
if';;';',. . MENDIE M, MAYFIELD
~;"'''<i ' NOTA8YPlIBlIC,OREGON
\\'~<~: COMMISSION NO, 374106
, , '. MY COMMISSION EXPIRES DECEMBER 6, 2007
"," -.
Easement Descriotion:
Exhibit "A"
Beginning at a point being North 1940,78 feet and West 243.31 feet from the Southwest
comer of the Donation Land Claim No, 51, said point being on the Northerly right-of-way
line of Hayden Bridge Road; thence along said Northerly right-of-way line, South 890 18'
12" West 20.49 feet to a point on the East boundary line,ofLot I, Block 3, YOLANDA
PARK, as platted and recorded in Book 40, Page ,13; thence along said West line, North
00 14' 00" East 94,42 feet; thence leaving said East line, South 890 42' 35" East 167.43
feet; thence South 00 01" 17" East 12,00 feet; thence North 890 42' 35" West 73.43 feet;
thence South 00 01' 17" East 4,00 feet; thence North 890 42' 35" West 75,07 feet; thence
South 0014' 00" West 74,15 feet; thence South 200 32' 29" East 4,19 feet to the point of
beginning in Lane County, Oregon,
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First American
illwA." ,.",.." T1IItI~'..."....~" ..,
600 Coonlry Oub Rood
Eug..... OR 97401
Phn - (541)484-2900
Fax - (541)48+7321
'J1'-"J' ..",...,
Order No.: 7191-912302
April 02, 2007
FOR O.uESTIO~ ~EGARDING XOUR ClO!ilf:<<i; I'J-EASE CO~
MENDIE MAYFIELD, Escrow Officer/Closer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email:mmmayfield@firstam.rom
First American Title Insurance Company of Oregon
600 Country Oub Road, Eugene, OR 97401
FOR All OUESTIONS RE<<iABP1I'fG 1111S PREl"It4I(\IARY~RT_ P~E CONT~
Robert Gordon, Title Officer
Phone: (541)484-2900 - Fax: (541)484-7321 - Email: """v,';on@firstam.com
Supplemental Preliminary Title Report
AL TA Owners S"'ndartl CDverage
ALTAOwners ~.."..~_; COverage
ALTA lenders S1andartl QM!rage
AHA lenders Elctended Coverage
Endorsement 9, 116 &. 8.1
Govt ServIce Charge
Other EARLY ISSUE (W applicable)
Uabiity $ 300,000,00 Premium $
Uabilty $ PYem1um $
UablIity $ PremIum $
Uabllty $ 240,000.00 Premium $
""","um $
COSt $
Cost $
617.50 'LDR
340.00
100,00
50.00
TeD
We are prepared to issue Title Insurance Policy or Policies in thetonn and amount shown above, insuring
title to the following described land:
The land referred to in this ,report is describe(l'In Exhibit A attached hereto.
and as of March 28, 2007 at 8:00 a.m., title vested In:
G & R Building Concepts, Inc., an Oregon G....... ~~;on as to an undMded 50% i. .:~. J.. and JLA
Investments, llC, an Oregon limited liability Company as to an undivided 50% Interest
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. The rights of the public In and to that portion of the premIses herein descnbed lying within the
limits of streets, roads and highways.
This report Is for the exdusM! use ~ the par1ies hen!ln shewn and Is , ' ~:, , " In tile Issuance ria
I!Ue Insurance policy and shall belDnellOid unless a polity Is IlsJed, and the fuI premium paid.
i
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...
Pre/irrinary Report
,Onler No.: 7191-912302
Page 2 01'4
2, Line of Credit Trust Deed, Indudlng the terms and provisions thereof, given to secure an
'indebtedness of up to $800,000.00 ' '
G & R Building Concepts, Inc. as to an undivided 50% Interest;
JLA Investments, LLC, as to an undivided 50% interest
Jack H. louleand I1llmi M.l,. louie
First American TltIe Insul"llnce Company
October 1~,2oo5
October 19, 2005
2005-083231
Gl"llntor:
, Benefidary:
Trustee:
Dated:
Recorded:
Recording Information:
- END OF EXCEPTIONS'.
SUPPLEMENTED to update.
NOTE: Taxes for the year 2006-2007 PAID IN FUll
Tax Amount: $2,359.08
, Map No.: 1703243401100
Property IO: 0199248
Tax Code No.: 01900
Situs Address as disclosed on County Tax Roll:
lot 7 19th and Hayden Bridge,
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CH~ICE!
a:: G & R Building Concepts, Inc.
a:: Golden Mortgage
923 Country Club Rd Ste 150, Eugene, OR 97401
Fhst American TItle
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Preliminary Report
Order No,: n91-912302
Page4of4
Exhibit "An
Real property In the County of , State of , described as follows:
A parcel of land In the Southeast one-quarter of the Southwest one-quarter of Section 24, Township 17
South, Range 3 West of the Willamette Meridian described as follows:
Beginning at a point on the West right-of-way line of 19th street, being North 2271.66 feet and North
89" 42' 35" West 30 feet from the Southwest comer of Donation Land Caim No. 51, said point also being
the SoutheaSt corner of Lot 13, Block 3, FIRST AODmON TO YOLANDA PARK, as platted and . ,,-,_.J~d In,
Book. 40, Page 14, Lane County Oregon Plat Records; thence North 89" 42' 35" West along the South line
of said Lot 13, and Its Westerly extension thereof, 234.58 feet to thE: Northeast comer of Lot 6, Block. 3,
SIXTH AODmON TO YOLANDA PARK, as platted and reoorded in Book 55, Page 14, Lane County Oregon
Plat Reoords; thence South OOO 14' West along the East line of said Lot 6 and Its Southerly extension
thereof, 336.25 feetlo the Northerly right-Of-way line of Hayden BrIdge Road; thence South 890 35' 30"
East along said Northerly rlght-of.way line 244.58 feet, more or less, to the point of intersection with the
West right-of-way line of 19th Street; thence North along said West righl vf ....t line to a point which
bears South 890 42' 35" East from the Point of Beginning; thence North 890 42' 35" West 10 feet to the
Polnt of Beginning, in lane County, Oregon.
EXCEPTING a tract of land conveyed to Lane County, as desalbed by instrument recorded March 25,
1992, Reel 1752, Reception No. 9216156, Lane County Oregon Offidal Records, in Lane County, Oregon.
"
AlSO EXCEPTING a tract of land conveyed to Lane County, as described by Instrument recorded
:t,..~"ber 14, 1995, Reel 2096, Reception No. 9551657, Lane County Oregon Official Records, in Lane
County, Oregon.
Tax Parcel Number: 0199248
First AmerIciIn TIlle
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