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HomeMy WebLinkAboutCorrespondence Miscellaneous 5/26/2006 MAY-26-2006 16:15 FROM: .. . , THORP PURDY JEWJ::Hl URNESS/& WILKINSON. Pc. ATTORNEYS AT lAW DATE: TO: FAX NUMBER: CLIENT NO,: FROM: NUMBER OF PAGES: COMMENTS: ~)tA"- TO: 5417263689 P.1/3 / to II HAIlLOW ROAD, SUHE 300 SPRINGFIELD,OREI10N 97477 PHONE; (54!) 747.3354 PAX; (541) 747.3367 FAX COVER SHEET 5126('J.. Afrv-l -Cb..v It! Q,e~o\ 7--2.(, - 36&0... J.' \ '34 q<-( - \ k.....-.J S,-: ~ i (Inc1udinb this Cover She~t) RECEIVED' MAY 2 6 2006 B~~_ f ~\.e. Su. \<., A 00 f::,- CO 0;< 01, If you have any questions or tbis transmission is not clearly received, please call (541) 747-3354 'I Original wj]] not follow Original will follow by: Regular mail Certi Ii eu mail, return reccipt req uesteu Express mail Fcderal Express service u.P.S. (overnight express service) B & JfBarristers Aide Service Note: The lll(nrrnation I:ontained in this rp'c.'"huil~ tJIl.:.Ssa~e is iDtended only for (he per"somd and confidential use of the reclplcnt(s) n.::lmed above. This message m:.ty be an attorney"c1lent commuDicatiuD, and alS such Is prlvllt:gcd ~lId cunnucntial. U yuu are not the Intended rccipicot(s) or an _Grnl ,r~pon.siblc for dl!liveriog it to the Inrendcd rccipknt(.s), you al'e hereby notified that you havt: rel:eived this dOCUlnl:llt illl.:rrur, :lnd tbllt any rfvlcw~ dlsscminatioD, distribution or copying nf thIs me.liisagr i.s pruhibited. If you have rcci!i'Ved this communication in error, please l10tlly us Inlnlcdialcly lJy telephone nnd retun) the ori,e:inal message to II' by mail at our eXIJCIISC. Tb~nk you. MAY-26-2006 16:15 FROM: TO: 5417263689 P.2/3 , THORP , PURDY 'JEWnII& URNESS , WILKINSON. Pc. Arro"N~YSATLAW 1011 HAI~I.owRoAD, SUrr~)OO SPRINGFIELD, Onr.(;uN 97477 PHONE: '(541) 747-3354 PAX; (54l) 747.3367 May 26, 2006 e-MAIL ADDRESS: bsmith@thorp_pufdy.com MAlWrNO.S~J)JjRS (1~12-J917) JACK B. L1vl:r.Y (1923-1979) )lUE.Gow~ (If)51-1wt) Bat'ry Do'Snrith SENT VIA EMAfL: dreesor@ci.Springfield.or.us SENT VIA FASCIMlLE:72ti-3689 David Reesor City of Springfield Urban Planning Division 225 5'h Street Springfield, OR 97477 Re: Your Case No. SUB 2006-00029 Applicant: Don Horton Our Filc No. 13494-1 Dear Mr. Reesor: This letter is to providc written comments to bc considered by the City in the above rcfcrencedsubdivision application, I represent Shirley Reade, who owns property adjacent to the proposed subdivision. Ms. Reade lives in tax lot 2200. which is adjacent to lots 6, 8 and lOon thc tentative plat. Ms. Reade and Mr. Horton have recently settled a disagrecment over the proper location ofa 91.foot section of boundary between Ms, Reade's property and portions oflots 6. 8 and 10 on the tentative pial. Ms. Reade and Mr. Horton have agreed to conduct a lot line adjustment for this boundary, This adjustment will affect the boundaries for lots 6, 8, and 10 by a few feel. The end result will be that Ms. Reade will own a small portion ofland that is included in the subdivision submitted by Mr. Horton. Mr. Horton should submit a revised tentative plat to you soon to reOect the changed boundary. When Ms. Reade purchased her house, there was -- and still is today -- a fence in the backyard. III talking with the prior owner, Ms: Reade learned that the fcnce has been there for substantially more than 10 years. She bclieved, and she was told, that her property extended all the way to this fence. Indeed, in the years since she purchased the property, she has maintained cxl'ensive landscaping in her entire backyard, up to and including the fence boundary. Ms. Reade, as well as the' prior owner of this parcel, has maintained aetual"open,. notorious, exclusive, hostile and continuous possession ofthe property up to the fcnce for a period of at least ten years. As sucb, Ms. Reade believes that she owns tbat land through adverse possession. See ORS 105.620. RatJ;er than go to Court, the parties have amicably agrced to sell Ie the final boundary. Tbe lot line adjustment will be made so that her property includes the land up to the fence. MAY-26-2006 16:15 FROM: Letter to David Reesor May 26, 2006 Page 2 TO: 5417263689 P.Y3 Because .Mr. Horton has not acquired written permission from Ms. Reade for that small portion oflots 6,8, and 10 that she owns,see SDC35.040(6)(c), we request that the City haJd off on rilaking a decision on this subdivision until Mr. Horton submits a revised plat that reflects the lot line adjustment the parties intend to conduct. I apologize for the late submission of this letter; the parties have just negotiated and settled this final boundary today. Please do not hesitatc to call me if you have any questions. BDS:mkf cc: Client Don Horton Very truly yours, THORP, PURDY, JEWETT. URNESS & WILKINSON, P.C. ~L' \} ~~_._- Barry D. smi~ . 1094B4