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Home My WebLink AboutApplication APPLICANT 11/8/2007 r..... City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Application, Type I Applicant Name: Company: ,Address: 185903 Bailey Hill Rd., Eugene, OR 97405. . I ~;~~';;:'~~";:~]::*,;:~::""~--'F.ifkW~"-'~'"''''~~'~-''1i=;i~:;:;~~~;;"'.""i . Company: IPoaoe Enoineerinq & Surveyinq IFax: .1541-485-5624 I Address:IP.o. Box 2527, Eugene, OR 97402 I ;;;::~:~~::':;I;:::~;';;;:::"'N"*,'&_hh'~~'._'''''_''''''~~~'~'''''"i';';;~:;-'-~'~~'-~''"~-'''=''I I IFax: I Address: I I :::;:;::::::~'::.~~;~;~.:.~~;~~w~_~~'~~__;:::~~:~":;;~:~'~':~::~~;::~.€'1 I '. . . '.. 1. r . . Tuan Bui !Bui Development Co. 541-485-8130 1541-485-8130 Company: . Property Address: 1226 1/2 Fairview St Size of Property: 1.7 Proposed Name of Subdivision: 9uinalt Subdivision ~"_ _,,_..~_.. ___'"" -'.,...... _ ._. .~_."'''''_'~.~."_..''.-~__.."___'_'",._,''.,c_"'"~"._''''..,:,,..,"""""'~""""_",=~,~,"""",_"''''_'.'''.,L''~"",,'''_'_''~'_,~''''~''''''''',,_~=-._......",_".,~>."""'"N,.,.._=-----..,....",.".l Acres ~ Square Feet 0 Description of Create 10 lots from 4 existing lots for single family residential use. Proposal: Existing Use: sinqle fa'milv residential Tentative Case #: SUB2006-000055 # of Lots/Parcels: 10 Avg. Lot/Parcel Size: 6974 sf Density: 6 du/acre I liI<~~~i4f"~~~$;~J<t0.~t<G..;~'rlt;n~l&lI~~~~~oo~-,~--..u~~:';';~~~~~""~~~~~1 .~~" 111 . ~ I Zoning: Applicable Refinement Plan: Location: City Limits 0 Associated Applications: ~~~~~~~~::r~n~;;;;:::~~F~-"~'$7;~T;l=>Y"-:::::":~--@~~_,.&'m{~ Case No.: ~1l:xfI- E{S'Cb I Date: . h 1b8/ktr ~'t.:Wid~ ~ I Application Fee: $ ~o. au Technical Fee: $ Z(..'O_ _ t- p9~fa~~'!feE.l1-r-~'._ ~.,J ,l:~J~:.-,~~,~::..",,?!,,,~,,,~~~,,,;~,,,..,".,,,,~,_>,,,,.,,_,,~~,,,,,_,"_,,_,,,,."(W{"=","""""",,~"')",,,"""'-""'''''''ill''''''~~ rLJ.)DO~ (fX)~ B I \- &'~~l y: Overlay District:. Plan Designation: Urban Growth Boundary 0 _."~1t:f;'~ I Revised 11/2012006 bj .' r, 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 affirrl} 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 ir:1formation as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application owner:~ ___ Date: iI/6'e:/o:::;- Signature Tuan Bui->.. Print Name Plat applications will be processed as follows: (See attached Plat Review Process Flow Chart) 1. The applicant submits a Pre-Submittal meeting application. 2. Within five to seven working days, the applicant and the City conduct a pre-submittal meeting. 3. 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. 4. 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. 5. 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 complete, applicant submits to Planning the Plat application, a copy of the mylar and final documents as well as financial securities including the application fee. 6. The City Surveyor and Development Services Director may sign the final plat if all other conditions and requirements are fulfilled. 7. The plat mylars may be delivered to Lane County for recording by the applicant's Surveyor or whomever the Surveyor authorizes. AFTER RECORDING: 8. The applicant shall deliver Five (5) recorded rolled plat paper copies, along with Three (3) copies of any other recorded required documents to the Development Services Department prior to the issuance of any building permits. RECEIVED I. _ By: ll-~-07 . , -. Revised 11/30/2006 bj '''-J - 3 - ( . i ! PRE-SUBMIttAL CHECKLIST FOR INTAKE Or FINAL PLAT PARTITION OR SUBDIVISION NAME: OWNER/DEVELOPER: Tuan Bui DATE RECEIVED: PLANNiNG CASE NO: (tentative) Quinalt Subdivision SURVEYOR: Jonathan A. Oakes SUB2006-000055 (final) REQUIRED DOCUMENTATION: 1. 6/inal plat application. . . 2. [j" A letter which lists and addresses each of the Conditions of Approval, a~nCl,aetails the /actions taken, and current status of each item. . . - .~ "',":::'=-.. . .., _ 3. ~,9 paper copies of the plat stamped and signed by the surveyor. . 4. ~ 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. 5. l!J 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 initial review. 6. 0 2 copies of each of the reference documents and plats listed on the plat. 7. 0 2 copies of each of the supporting documents: the vesting deed (must vest title to the owner listed on the plat), existing easement deeds, and documents listed as exceptions in the title report, etc. 8. 02 draft copies of any STREET DEDICATIONS (In the City of Springfield street dedications on Partitions must be recorded by separate document per SDC 34.090 (3}(i) [surveying] 9. 0 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 hoo.k 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. 10. 0 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) 11. 0 Copies of wetland documents as required. 12. 0 Copies of ODOT Access Permits as required. 13. 0 One draft copy of Bargain and Sale deed for RESERVE STRIPS (we have a boiler plate for this purpose). 14. 0 Verification that street tree agreement is in progress as required. 15. 0 One draft copy of the Conditions, Covenants & Restrictions (CC&Rs). 16. .0 Post monumentation deposit as required. Check with surveying for current fee. Surveyor provides a boiler plate deposit.form for this purpose. (Applicable to subdivisions onE' D 17. 0 The location of the floodway of Aoodway fringe in accordance B' ,~[!it\lBbE11 Springfield Development Code. V v::.' V 18. 0 Existing easements must be clearly identified with their recorde re erence. 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. By:. "tl-g~O( Revised 11/30/2006 bj -4, 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone 1~a~~ l1IIiiia:7 ..' i ~..,......,.,,, ,- , of Springfield Official Receipt b"velopment Services Department Public Works Department Job/Journal Number SUB2007-00061 SUB2007-00061 Payments: Type of Payment CreditCard CreditCard Job/Journal Number SUB2007-00061 SUB2007,00061 Payments: Type.of Payment CreditCard CreditCard cReceintl RECEIPT #: 3200700000000000744 Date: 11/08/2007 Description CTY Subd >LDR Base +462 Lot + 5% Technology Fee '. Item Total: Paid By TUAN X BUl TUAN X BUl Check Number Authorization Received By Batch Number Number How Received tj 02590z In Person tj 02565z In Person Payment Total: Description CTY Subd > LDR Base +462 Lot + 5% Technology Fee Paid By TUAN X BUI TUAN X BUl Item Total: Check Number Authorization Received By Batch Number Number How Received' tj 02590z In Person tj 02565z In Person Payment Total: II :30:05AM Amount Due 5,360.00 268.00 $5,628.00 Amount Paid $5,360.00 $268.00 $5,628.00 Amount Due 5,360.00 268.00 $5,628.00 Amount Paid $5,360.00 $268.00 $5,628.00 RECEIVED By: I { - ~ - D7 Page I of 1 11/8/2007 CITY OF SPRINGFIELD VICINITY MAP SUB2007-00061 1226 Yz Fairview Street SITE Map 17-03-27-31 Tax Lot 900, 1000, 3.601 North -+ RECEIVeD By: Il- g-07 ..' i. 48 Fidelity National Title Company of Oregon 800 Willamette, 'suite 500 . Eugene, OR 97401 15411 683-5422 . FAX 15411 344-4534 , PRELIMINARY REPORT TITLE OFFICER: David Forstrom ORDER NO.; 00-710953-46- C Amended TO: Poage Engineering & Surveying, Inc. A TTN; mkaiser@poage.net 990 Obie Street Eugene, OR 97402 ,J OWNER/SELLER: Tuan Bui BUYER/BORROWER: :1 PROPERTY ADDRESS: Map 17-03-27-31, Tax Lotsl'3601,1 OOO,900,Springfield; OR 97477 EFFECTIVE DATE; November 1, 2007, 05 :00 P.M, 1. The policy and endorsements to be issued and the related ch\lrges are: AMOUNT PREMIUM Report Only , 2. THE EST A TE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3, TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:. Tuan Sui 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF SPRINGFIELD, IN THE COUNTY OF LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF DF\dk 11/06/2007 RECEIVED ',... By: ~ \ - ~--o 1 Order No. 00-710953-46 EXHIBIT "ONE" PARCEL I: Beginning at a Point on the North line of the Robert E. Campbell and wife Donation Land Claim No. 59 in Township 17 South, Range 3 West of the Willamette Meridian, 2481.2 feet West of the Northeast corner of said Donation Land Claim, which Point of Beginning is also 80 feet East of the Northeast corner of County S'urvey No, 1015; thence running South 711 .6 feet, parallel to the East line of County Survey No.1 015; thence East 112 feet, parallel to the South line of said Donation Land Claim No, 59; thence North 711 .6 feet, more or less, to the North line of the said Robert E. Campbell and wife Donation Land Claim No. 59; thence West 112 feet to the Point of Beginning, in Lane County, Oregon. EXCEPTING THEREFROM that portion thereof conveyed by Stanley C. Broaddus, et al to the State of Oregon by and through its State Highway Commission by deed recorded April 17, 1959, Reception No. 65337, Lane County Deed Records, in Lane County, Oregon. ALSO EXCEPT that portion thereof conveyed to Lane County, Oregon, by 'Stanley C. Broaddus and Ima G. Broaddus by Deed recorded June 23,1959, Clerk's File No.71244,and Rhoda S. Price by deed recorded June 23, 1959 Clerk's File No. 71243, Lane County Deed Records, in Lane County, Oregon. ALSO EXCEPT that tract to Lane County, Oregon for Fairview Drive by deed recorded by March 16, 1961, Clerk's File No. 26236, Lane County Deed Records, in Lane County, Oregon, ALSO EXCEPT: Beginning at a Point on the Northerly right-of-way line of Fairview Drive, said point being 220.81 feet South 0047' West and 80.0 feet South 89056' 10. East of the Northeast corner of Block 7, FIRST ADDITION TO .CENTENNIAL GARDENS, as platted and recorded in Book 38, Page 14, Lane County Plat Records; running thence along said Northerly right-of-way line, South 890 56' 10. East 112,0 feet; thence North 00 47' East 120.0 feet; thence North 890 56' 10. West 112,0 feet; thence S<;lUth 00 47' West 120.0 feet to the Point of Beginning, in Lane County, Oregon. PARCEL II: A tract of land in Section 27, Township 17 South, Range 3 West of the Willamette Meridian, more particularly described as follows: Beginning at the Northeast corner of that property described in Reel 131, Instrument #6550, Lane County Deed Records, which point is 2369.2 feet, more or less, West of the Northeast corner of Robert E. Campbell Donation Land Claim No. #59; thence Southedy, along said line, 711.6 feet, more or less, to the North line of Fairview Drive; thence Easterly, along said Fairview Drive, 10 feet, more or less, to the Southwest corner of that property described in Book 331, Page 63, said Deed Records; thence Northerly, along said property line, 710,6 feet, more or less, to the Northwest corner of said property; thence Westerly 10 feet, more or less, to the Point of Beginning, in Lane County, Oregon. ' Excepting any part of the above described property lying South of a line 120 feet from and parallel to the North right-of-way line of Fairview Drive and excepting any part North of the South right-of-way line of the Q Street Floodway. Parcel III: BEGINNING at a point on the North line of the Robert E. Campbell and wife DLC. No. 59 in Township 17 South, Range 3 West of the Willamette Meridian, 2280 feet West of the Northeas~ corner of said D.L.C., thenc.e South 710...6 feet, thence West ~1~eEuth line of saId DLC. 75 feet, thence North 710.6 feet to the North line of j ., liVE, D East 75 feet to the place of beglnmng In Lane County, Oregon, ,I.' 2 By: ll-8-o7 Order No, 00-710953-46 EXCEPTING therefrom that portion conveyed to the State of Oregon by deed recorded July 26,1956, Reception No. 90751. c ALSO EXCEPTING that portion conveyed to Lane County by deed recorded June 22, 1959, Reception No. 71168. RECEIVED 3 By: \ l-&'-ol Order No, 00-710953-46 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDiTION TO THE PRiNTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: . ' GENERAL EXCEPTIONS: Taxes or assessments which are .not shown as existing liens by the records of any taxing ,authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices oi such proceedings whether or not shown by the records of such agency Of by the public. records. ' ' 1. 2, Any facts, rights, interests or claims which are not shown by 'the public records but which could be ascertained by an inspection 'of said .Iand or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. Any statutory liens for labor or material, induding liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. 5. SPECIFIC ITEMS AND EXCEPTIONS: 6. Property taxes. and any assessments colleCted with taxes, for the fiscal year 2007-2008. Amount: Unpaid Balance: Account No.: Map No.: . Levy Code: Miscellaneous: $1,278.02 $1,278.02 plus interest, if any 0230589 17 03 27 31 00900 19-00 .Parcel 3 Property taxes. and any assessments collected with taxes, for the fiscal year 2006-2007. Amount: . Unpaid Balance: $1,014,31 $1,014,31 plus interest, if any 7.. Property taxes, and any asse;;sments collec;::ted wit~ taxes, for the fiscal year 2007-2008. Amount: Unpaid Balance: Account No.: . Map No,: Levy Code: Affects: Miscellaneous: $138,62 $138,62 plus interest, if any 0230597 17 03 27 31 01000 19-00 Code Split/Land Only Account Parcel 2 4 RECE~VED By: \ L-& -07 Order No. 00-710953-46 Property taxes. and any assessments collected with taxes. for the fiscal year 2006-2007, Amount: Unpaid Balance: $134.70 $134,70 plus interest, if any 8. Property taxes. and any assessments collected with taxes, for the fiscal year 2007-2008. Amount: Unpaid Balance: Account No.: Map No,: Levy Code: Affects: Miscellaneous: $7,90 $ 7.90 plus interest, if any 1175460 1703273103601 19-00 Code Split/Land Only Parcell Property taxes, and any assessments collected with taxes, for lhe fiscal year 2006-2007. Amount: Unpaid Balance: $7.92 $ 7 .92 plus interest, if any 9. Property taxes, and any assessments collected with taxes, for the fiscal year 2007-2008. Amount: Unpaid Balance: Account No.: Map No.: Levy Code: Affects: $216.05 $216,05 plus interest, if any' 4102990 17032731 00900 19-00 Personal Property mobile home account ih the name of the vestee shown herein 10. City liens in favor of the City of Springfield, if any. There are no liens as of November 1, 2007. 1 1. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 12. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: City of Eugene Electric Distribution October 14,1937, Recorder's No. 55266 Blanket easement 13. Limited access as set forth in deed from Arnold E. Meyer and Jessie Meyer to the State of Oregon, by and through its State Highway Commission, recorded July 26, 1956, Recorder's No. 90751 which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provided for, shall attach to the abutting property, Affects: 1-105 RECEIVED 5 By: [t-g -07 'Order No, 00-710953-46 14, Limited access as set forth in deed from Stanley C. Broaddus et ux, and Fred A, Price et ux, to.the State of Oregon, by and through its State Highway Commission, recorded April 17, 1959, Recorder's No. 65337 which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provid.ed for, shall attach' to the abutting property. Affects: 1-105 15. Easement(s) for the purpose(s} shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: Pacific Power & Light,Company, a corporation Electric Distribution February 7, t962., Recorder's No. 58786 Blanket easement 16. Easement(sl for the purpose{s) shown below and rights incidental thereto as granted in a doc~ment. . Granted to: Purpose: Recorded: Affects: PaCific Power & Light Company, a corporation Electric Distribution February 7, 1962, Recorder's No. 58787 Blank.et easement 17. Easementls} for the purposelsJ shown below and rights incidental thereto as granted'in a document. .' Granted to: Purpose: Recorded: Affects: City of Springfield Sanitary sewer January 7, 1977, Recorder's No. 77-01125 Westerly '0 feet 18. Easementls} for the purpose(s} shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: City of Eugene Pipelines November 3, 1977, Recorder's No, 77-70551 '! . 19. Easementlsl for the purpose(s) shown below and rights incidental thereto as granted in a document. . G ranted to: Purpose: Recorded: City of Eugene Pipelines November 3, 1977, Recorder's No. 77-70552 . 20. Easementlsl for the purpose(s) shown below and rights incidental thereto as granted in a document. . Granted to: Purpose: Recorded: City of Eugene Pipelines March 13, 1978, Recorder's No. 78-16506 " I RECEIVED 6 (t-3 -D 7 By: Order No. 00-710953-46 21. A deed of trust to secure an indebtedness.,in the amount shown below, and any other obligations secured thereby NOTES: Note A. Note B. Note C. Note D. $433,010,00 January 5, 200'6 Tuan Bui West Coast Title & Escrow Company Cascade Capital Partners, Jne, January 6,2006, Recorder's No, 2006-001089 ii An assignment of the beneflcial interest un~er said deed of trust which names: Amount: Dated: Grantor: Trustee: Beneficiary: Recorded: Assignee: Recorded: Northwest Bank January 18, 2006, RecQrder's No, 2006-003489 , . i END OF ITEMS AND EXCEPTIONS We are amending this report in order to 1,update the plant date solely. for surveyor's purposes. YOU WILL BE REVIEWING, APPROVING ;';ND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTSANDOBlIGA TIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS, YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS ,OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT, Note: Any documents being executed In conjunction with this transaction must be signed in the presence of an authorized employee' of an agent. an authorized empioyee of the jnsured lender f or by using Bancserv Of other approved third-party service, If the above requirements cannot be metl please call the company at the number provided in this report. There ,are no judgments of record against ~uan Sui. i . There are, nO.tax liens of record against Tu~n Bui. REf'. r- f.,,11'/ED. ~t~~~ \I By: ll- ~-ol 7 ------ I. -,-.ro"",,, 'J'- 1/l6rH CDR/€R ~:. ,/ - ----'.. g~ 900 '..--L;.'"I' ~O L - ~,;.;.. -' ~. L; .:::---- ,,_~_ . - t c...... ~ ~ r . I ~'\'- ~~i>~ ~)~ ~, /..~/L I ~ ;lL~<>t -- 700 '" ClO -' ~i'"'J$T- , t '" ft!!'~,E ~ I. 800 >; ~ Tn/.J"\ ..' I' 7'~ .-. I~ i " t ; ~ , " " 1100 1000 0,80101:;., ~ " N . ~ " ~ ~ , ~ 1 ' ~ * ~ ;t-.; , , ...; (5/.."28'1 ....:.---- ~ ,"'1 ULi ;, -t+e3- .'31 . ~ ~ f 101 7B'\8": (~~'" ~': 7. 1101 " ~' - . K7 ~ n ;1'1' 10 .J$, ~ [. 1: . q . t - -;"' -'; S 81'16~~' E .112m" Z J ' ens 8;0.0 . /.....,Z.::t?' ~ N8:!?"5~'/C."'" .......".-..e..."""-...... rj 1102.. 1001 ~ ' , , I <.; 1~ ~ ~ ~ 10.. ~ ' , &,,! I ,=-_ ~I.I Sr~5"t>'fo.r FA! RV I EW:, '," I' ~ ~~ .\ " . ). ". io .~ ~ 7~' 7.5' .. .. , 1400 1500 /"'tJ ' /,,," , \ , , II ~r 7$ L" __ ----, '\1 ~ , I I...'''' ,,,", I"'"~ 1200 '<l:1'f I~---" i. 1301 1tW'l I I I ~ ~ ~ ;~ h." J..1202 --~- 600 3.93 AG. I I I I S.~+ I I I. I I ! I I Zc\ '2-110.- ,! .... 8"\.~"'I'c:;.e.w 1601 /<1:'1>" f' 301 '1.30 AC '1 ~ ll~ '. ,,~ ~. -::.:. =- =_ '_JI~. . 'Q:: .0 % , S.31 , , \ Ii 8'9"2':1'00' V I , 7S.!I(!' ! I::> 7" I :-'''''''Vl'Q8''E, " ,8 ~ ~ t ~-~ " " . " --,,!, _ <;.&'I'~...'~ f_ r'~ Pc' I.LI I=..qo' ,~ B 500 ~ . 0.19 AG, . . , ; IO~40' ",."""oz:;q'O€1'W 1600 /#4 .. ~ 'I.:.,c:{ ~ hi /. $. 400 ': '~( 80.13 AG.8- . ~ , f C t( 4Q' -- 1700 /-a'" FIDELITY NATIONAL TITLE COMPANY This sketch above is made solely for the purpose of assisting in I.ocaring said premises:and the company assumes no liability for variations, if any, in dimens.ions and Ip-cation ascertained by, actual survey. Map # 17 03 2731 ~,~900 000 " RECEIVED; By: ll- g-07 . i . ~ i (Bar Code Sticker) 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 TUAN SUI hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows: j 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 Agr~ement with the City of Springfield, 2. Applicant(s) desires Development.Approval from the City with respect to the following Development Application Quinalt Subdivision. Citv of SDrinafleld Jo. No. SUB2006-00055 . J 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 fortll 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 ih a coordinated project with the participation of adjacent and other properties in the area, instead of requiring immediate improvement in conjunction with each development application. There is no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require construction of.:the improvements in the .future at City discretion. 5, (a) Applicant and City agree that Applicant Vvill 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, " ,I . (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 br later. . , , I. 'I . (c) Applicant acknowledges that the timing of'the construction of such improvements is within the sole and exclusive direction of th~ City, - ;1 . 6. (a) STREET IMPROVEMENTS along the frontage of. FAIRVIEW AVENUE ~ to include: 0 surface paving; 0 storm sewers; U sanitary sewers; U curbs; o gutters; 0 planter strips; 0 street tree:s; l6J street lights; 0 sidewalks, (b) TRAFFIC SIGNALS at the intersection 0(: None RECEiVED (c) OTHER IMPROVEMENTS None AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - ?25 FIFTH STREET - SPRINGFIELD OR 97477 Rv: Il~g/Dl S:\3464\final plal\lmprovemenl Agref!menllncludlng NoUce of Potential Assessmen( lien - fndividuaf.lfoc '1 Page 10f3 'I REVISED OclolJer, 2.004 .- J . 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 impro:vements made will be those required to bring the street to full urban standards for the th~n 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 ch~cked'herein. " 7. LEGAL DESCRIPTION: Lot 9 and Lot 10 of the Quinalt Subdivision as platted and recorded in the Lane County Official Records, Lane County, Oregon, 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 IMPRQVEMENT 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-rerllonstrance condition is in consideration for the City's waiver of the requirement for the immediafe 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 binqing 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 :sig'nificant costs to the Owner and Purchasers, arid their heirs, successors and as~igns. An Applicant's signature on this . Agreement indicates that the Applicant hai;' 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. . :i RECEIVt:D i' I... EY:REVISEB~' ,It_~ 8 -07 S:\3464\final plall1mprovemenl Agreemenllncluding Notice of Potential Assessmenlllen -lndividu'a1.doc PAge 2 of 3 ;~. .. .. ~ WHEREFOR~, th. e part~s have hereunto set thJir hand this day of /'iOVJ7~ , 20~. 7tb By-4~ TuanBui Applicant STATE OF OREGON COUNTY OF Lane '- } ss BE IT REMEMBERED that on this '7th day of~ /V~/ , 201lL before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Tuan Bui 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: . ~~4~ Notary 'public for Oregon r!t8'IUJII My Commission Expires CITY OF SPRINGFIELD By ~ Dennis p, Ernst - City Surveyor STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this 8rtl day of :/11("161'1 06'/t. ,200L_.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 al)d 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, l rJ, d-I J.ClII Notary Public for Oregon fithJ[JLe/\.- vL. k,-~ My Commission Expires RE('iirO'''''n, fED \.~}' ~",~,; \0 - By: \ t-~ -()7 S:\3464\final plal\lmprovement Agreement Including Notice or PolenHal Assessment Lien - Indiyidual.doc REVISED October, 2004 Page3of3 After Recording Return To: Poage Engineering & Surveying, Inc. P.O. Box 2527 Eugene. OR 97402 AFFIDA VIT OF CONSENT Northwest Bank, beneficiary under that certain Assignment of Deed of Trust executed by Cascade Capital Partners, Inc, an Oregon Corporation, and recorded January 18,2006, as Instrument No. 2006-003489 Lane County Oregon Official Records, in Lane County, Oregon, does hereby consent to the platting of the property described in said Deed of Trust. //-:/,_, . /?~/) I /,~~:'~K B~cott Vice President, Northwest Bank State of OREGON ) ) ss County of c..Ia&I'Y\Q'S> ) , On ~W- \'\; ;;)001- , before me, _ ~QreY\IVj~t+hew5. personally appeared Bob Scott . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that -1!L executed. the same in .J!iL authorized capacity as Vice President of Northwest Bank, and that by .J!iL signature on the instrument, the entity upon behalf of which the -1!L acted, executed the instrument as a voluntary act and deed. Witness my hand and official seal. .I'---------o'FFTcIALSIAT--:--...,'~ : .. . KAREN MATTHEWS j I; \..: It....../ NOi"AR'r PU~LtC.OREGON Ij I,... COMMISSION NO. 400861 I' l....-. -. _~~~~~~~s FEBRUARYS, 2010 ~ "'-----'..:.'~'........ -= =: Signatu~e Y<fUUl fY)~ REC EIVED r By: 11-& /07 . I - - 1 ;.~ SPRINGFIELD UTILITY BOARD PUBLIC UTILITY EASEMENT , KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Tuan Bui, for consideration other than monetary, the receipt whereof is hereby acknowledged, does hereby grant unto the City of Springfield, a municipal corporation, acting by and through its SPRINGFIELD UTILITY BOARD, and unto its successors and assigns, the right to enter upon the lands of the undersigned situated in the City of Springfield, Lane County, Oregon, and more particularly'described as follows: , ~ A 10.0 foot wide utility easement over Lots 5,6, 7, and 8 of the Quinalt Subdivision as platted and recorded on , 2007, Document No. 2007- , of the Lane County. Oregon Plat Recoids,in Lane Count}', Oregon, and being more particularly described as follows: . The south 10.00 feet and east 5.00 feet of Lot 5, the west 5.00 feet of Lot 6, the east 5.00 feet of Lot 7, and the west 5.00 feet of Lot 8 of the Quinalt Subdivision as platted and recorded on ,2007, Document No. 2007- of the Lane County Oregon Plat Records, in Lane County, Oregon. The easement is granted over, under, and through the above described portion of the Grantors property in Lane County, Oregon, to place, construct, operate, repair, maintain, relocate, and replace therein an underground electric distribution line, including vaults, transformers and other necessary facilities, to remove and replace fences and lawns to the extent necessary to construct, maintain, and I ' protect said lines. No part of any building or permanent structure will be placed upon this easement, other than asphaltic pavements, curbs, sidewalks, and driveway aprons. This easement does not restrict the installation of phone, and cable tv facilities to se(ve adjacent properties if so desired by the respective utility provider for each and provided installations meet SUB's approval. " Please return to Springfield Utility Board, Attn:,Ed Head 1001 Main Slree; Springfield OR 97477 RECEIVED =:-,- "" -... .~ .... By:. . J 1- g-Dl - 3464 sub ease. wpd October 22, 2007 Page 1 of 2 The undersigned covenants that he is the owner of the above-described property and that such property is free and clear of encumbrances and liens: /-7 ~~_J' tuan Sui - - /J.~ '1:2f/()7 Date STATE OF OREGON ) ) ss. County of ) BE IT REMEMBERED, That on this 7d day of I/UlJ~, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Tuan Bui known to me to be the identical individual described in and who executed the within instrument and acknowledged to flle 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. .L~ .4 .A~J OFFICIAL SS\!. SUSAN G STOVALL NOTP.JW PUBLIC - OREGON COMMiSSION NO. 420738 MY COMMISSION EXPiRES SEPT. 18,2011 Notary Public for Oregon My commission expires: "1//?/w /} \" AspringfjedldbUtiiity/B:~c7c~e~a~~, of rea~erty or easement. pprove y. /;, " R~on~eduna . -Blrector of Electnc Operations Springfield Utility Board RECEIVED -...., .-.-- By: I \- ~ ~D7 3464 sub ease. wpd October 22, 2007 Page 2 of 2 ,., ,';! After Recording Return to: 'Poage Engineering & Surveying, Inc. P.O. Box 2527 Eugene, OR 97402 'I " DECLARA liON OF ACCESS & UTILITY EASEMENT . AND MAINTENANCE AGREEMENT RECITALS: Tuan Bui is the owner of Lots 9 and.1 0 of the Quinalt Subdivision as platted and recorded on ,2007, Document No. 2007- I ofthe Lane County Oregon Plat Records, in Lane County, Oregon. 'I .This easement is being created to satisfy a condition of approval (by City of Springfield, planning approval SUB2006-000055) for. said Quinalt Subdivision. This easement and maintenance agreement impacts Lots 9 and 10 of said Quinalt Subdivision. DECLARATION OF EASEMENT: 1. Easement Created. Tuan Sui does hereby create a perpetual easement as described in Exhibit "A'~ attached, for the mutual and ex'c1usive use of Lots 9 and 10 of said Quinalt Subdivision. !'" . 2. Puroose. The easement is to allow access, ingress and egress, and driveway purposes for said Lots 9 and 10. The easement may also be used for the installation, construction, inspection, maintenance, repair, reconstruction, and replacement of all public and private utilities and facilities necessary for the allowed future development of said Lots 9 and 10, along with the right to enter upon such premises for said purposes as long as such use does not interfere with ingress/egress access. 3. Use of Burdened Prooertv. The owners or occupiers of the lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. No parking shall be allowed within the area of the easement. , . 4. Maintenance and Reoairs. The cost of any'maintenimce or associated repair of the area within the easement shall be proportionate to the use of the easement by the owners of said Lots 9 and 10. . 5, Successors in Interest. The provisions of this instrumenttouch and concern, and relate to the use of said Lots 9 and 10, 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 enure to the heirs, successors, assigns, transferees, and personal representatives of all parties w 10 own any of the aforementioned Jots. '" R E. eEl V L~ '.J F:\Projects\ WP\Jobs 2501-4000\3464eOLwpd November 7, 2007 . - . - -, Page 1 of 3 By: 1\-8-01 c Dated this '7t:6 day of A/L!U..-R-""Vk, 2007 ~ Tuan Sui STATE OF OREGON ) ) ss County of LANE ) On this ']dJ ., day of j.JiJ1)~ .2007 there appeared before me, a Notary Public in and for the said state and county, the hereon named Iuan Bui;lmoWn to.me or proven to me by satisfactory evidence to be the same person who executed the foregoing inJtrument, and acknowledged the same.to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal. ......... .-- . OFFiC!.~L SEAL SUSAN G STOVALL NOTARYPU8UC-OREGCN . ..- ~. COMMiSSION NO. 420738 MY COMMISSION EXPIRES SEPT. 18. 2011 '. F:IProjectsl WPIJobs 250 I -400013464eO I. wpd November 7, 2007 ,; J~4J~ Notary Public for Oregon I / . My Commission Expires: '1/1 if 2{] J I RECEIVE,=) ...1 ..... ,By: 11-&'67 Page 2 of 3 Exhibit "Au " BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO ROBERT H, BENNETT,ET AL, IN A WARRANTY DEED RECORDED SEPTEMBER 9, 2005, ' DOCUMENT NO. 2005-071165, LANE COUNTY OREGON OFFICIAL RECORDS, SAID POINT BEING ON THE NORTH MARGIN OF FAIRVIEW DRIVE, 30,00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF FAIRVIEW DRIVE; SAID POINT ALSO BEING NORTH 89'29'08'" WEST 1050,02 FEET FROM A FOUND 5/8" IRON ROD MARKING THE SE'CORNER OF DREWSDALE PARK AS PLATTED AND RECORDED ON BOOK 59, PAGE 17, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG SAID LAST DESCRIBED NORTH MARGIN; NORTH 89'29' 08" WEST 2201 FEET; THENCE LEAVING SAID NORTH MARGIN,' NORTH 01 '44'50" EAST 84.00 FEET; THENCE SOUTH 89'29'08" EAST 22,01 FEET TO A POINT ON THE WEST BOUNDARY OF THE ABOVE DESCRIBED BENNETT, ET AL TRACT; THENCE ALONG LAST DESCRIBED WEST BOUNDARY, SOUTH 01 '44'50" WEST 84.00 FEET TO THE POINT OF BEGINNING, ALLIN LANE COUNTY, OREGON, " RECEIVE[/ By: 11-2-07 F:\Projects\ WP\Jobs 250 1-4000\3464eO I. wpd November 7,2007 Page 3 of 3 , After Recording Return to, Poage Engineering & SUlveying, Inc. P.O. Box 2527 Eugene, OR 97402 DECLARATION OF PRIVATE SANITARY SEWER EASEMENT RECITALS: Tuan Bui is the owner of Lots 5 and 6 of the Quinalt Subdivision as platted and recorded on . ,2007, Document No. 2007- , Lane County Oregon Plat Records, in Lane County, Oregon. This easement is being created to provide sanitary sewer service to Lot 6 of said Quinalt Subdivision and impacts Lot 5 of said Quinalt SubdiV:,ision. DECLARATION OF EASEMENT: 1. Easement Created. Tuan Bui does hereby create a perpetual easement as described in Exhibit "A" attached, for. the exclusive use of Lot 6 of the Quinalt Subdivision as platted and recorded on ,2007, Document No. 2007- Lane County Oregon Plat Records, in Lane County, Oregon. 2. Puroose. The easement is for installation of private sanitary sewer piping, and for fixtures and appurtenances attached thereto, and for said purposes to place, construct, operate, and replace, repair, maintain, inspect, reconstruct and replace said sewer piping, fixtures and appurtenances and necessary installations, and the right to enter upon such premises for said purposes. 3. Use of Burdened Prooertv. The owners or occupiers of the lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. 4. Maintenance and ReDairs. The cost of any maintenance or repair of the area within the easement associated with repairs or maintenance of the private sanitary sewer service for Lot 6 shall be the sole responsibility of the owners of Lot 6. 5. 9uccessors in Interest. The provisions of this instrument touch and concern, and relate to the use of said Lot 5, 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 enure to . the heirs, successors, assigns, transferees, and personal representatives of all parties who own any of the aforementioned lots. RECEI\JED F:\Prdjects\ WP\Jobs 2501-4000\3464e02.wpd November 7,2007 '".. By:' II ~ ~ -01 Page I of 3 Dated this t6 1 day of ;.j!JC!~, 2007 '. ~/:7 .~/~- rilar, Sui STATE OF OREGON ) ) ss County of LANE ) .". ' , . t:6 I ' On this 1 , day of ;.j (JVJ1~ , 2007 there appeared before me, a Notary Public in and for the said state and county, the hereon named Tuan Sui, known to me or prov~n to me by satisfactory evidence to be the same person who executed the foregoing instrument, and acknowledged the same to be his voluntary act and deeq. In witness whereof, I have hereunto set my hand and,affixed my seal. OFFIC!AL SEAL SUSAN G STOV,I\LL NOTARY PUBLIC. OREGON COMMlSSlON NO. 420738 MY COMMiSSION EXPIRES SEPT, 18.2011 F:IProjectsl WPIJobs 250 1-400013464e02. wpd November 7, 2007 ~~gA'~ Notary Public for Oregon My Commission Expires: Cj !/y/ZO II . 'I RECEIVEC ;''-1 II: ....~.':--_....: 8".-,,;,/rll j ~, It-S-Ot Page 2 of 3 . . Exhibit "An Beginning at a point on the west line of Lot 5 of the Quinalt Subdivision as platted and recorded on ,2007, Document No. 2007- , Lane County Oregon Plat Records, in Lane County, Oregon, said point being 5.00 feet from, when measured at right angles to, the south boundary of said Lot 5; thence leaving said west line and running parallel to said south boundary, South 89028'26" East 45.00 feet to a point on the east line of said Lot 5; thence along said east line, North 00035'57" East 10.00 feet; thence leaving said east line and parallel to last described south boundary, North 89028'26" West 45.00 feet to a point on the west line of said Lot 5; thence along said west line South 00035'57" West 10.00 feet to the point of beginning, all in Lane County, Oregon. RECEIVE~~.. .,-",' ".. , :> 60 ___J l- ~-D7 ~ F:IProjectsl WPIJobs 250 1-400013464e02.wpd November 7, 2007 Page 3 of 3