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
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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