HomeMy WebLinkAboutApplication APPLICANT 3/11/2009
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, 'OR 97477
Land Division Plat
Partition, Subdivision.
. Partition Plat Pre-Submittal: 0
[Partition Plat Submittal: LJ Subdivision Plat Submittal: ~
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Applicant Name: ~IL..-L- I7klJe;i<..
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Company:, f"L-l~~KA DGVe:::LOPI--i"'.J.Jf
!Address: ??5'B, IZoAI7
Phone: 7Zu.-OI.0'l.
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Fax:
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Applicant's Rep.:
Company:
Address: .
I Property Owner: E:t.--IE6K.A Di'>VE2:lA'JO, l-le,~.rr [.,.l-(.,
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Compaiw:
Address:
Phone:
Fax:
Phone:
Fax:
IASSESSOR'S MAP NO: n-Oz:.oZ0-oo-',' ITAX LOT NOeS):' ~03
I Property Ad'dress: ~7~O HI91t ~K'? l<oAD 1
ISi~eof Property: ,?~734 -S'fAcres n Square Feet I"B I
Name of Subdivision:
I Description O~If you are fi,lIing in this form by hand, please attach your proposal deS,cription to this application. I
Proposal: '7Uf'70IVIDE:: I LOf i tJiO 5" ItJDIVi[?UAj... \...-Ole:::.
IExistinq Use: t2'e:hIDet-J-f1AL 1 Tentative Case #: PRJ;.zaQC\-~,"1
1# of L~ts/Parcels: 17 IAVg. Lot/Parcel Size: ~5cv sf IDensity:? du/acre 1
Signatures: Please siqn and rint your name and dateih the a riate box on the next a e.l
Associated Applications:
Ipre-subcase No.: PRt:.100q-l?OlXi2 Date: Reviewed by:
Icase No.: SUe:,,:ZD()l1..00ooi Date: 3-1l-0-=j Reviewed by: 'D1L-.
IAPPlication Fee: $ 3''-\-~. 00 ITechnical Fee: $ 1f517. 10 IPostage Fee: $0
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Revised 1/1/08 Molly Markarian
MAR 1 1 2009
1 of 6
Original Submittal
.
225 Fifth .street
Springfield, Oregon 97477
541-726-3759 Phone
Job/Journal Number
SUB2009-00007
SUB2009-00007
Payments:
Type of Payment
Check
cRcccintl
. RECEIPT #:
Wi;:~
'Y of Springfield Official Receipt
",evelopment Services Department
Public Works Department
2200900000000000254
Date: 03/11/2009
~cscription
CTY. Subd >LDR Base +476 Lot
+ 5% Technology Fee
Paid By
Item Total:
Check Number Authorization
Received By Batch Number Number How Received
1051
EUREKA DEVELOPMENT LLC ddk
. In Person
Payment Total:
Date Received:
MAR 11 2009
Original Submittal
Page I of I
2:53:56PM
Amount Due
3,142.00
157.10
$3,299.10
Amount Paid
$3,299.10
$3,299.] 0
3/11/2009
CITY OF SPRINGFIELD
VICINITY MAP
SUB2009-00007
5560 Highbanks Road
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Date Received:
MAR t t 2009
Original Submittal
SITE
Map 17-02-28-00
Tax Lot 303
North
+
Date Received:
. MAR 11 2009
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WRITTEN STATEMENT 0 .. I S b 'tt' I
FOR nglna u ml a
THE EUREKA SUBDIVISION FINAL PLAT APPLICATION
MAP 17-02-28-00 TAX LOT 303
January'26,2009
This written statement is intended to address the conditions of tentative plat approval and discuss
how each has been satisfied in the Final Subdivision Application. The subdivision was given
conditional approval under case no, SUB2008-00022. The conditions of approval and our
response to each are as follows;
1) Prior to plat approval, the applicant shall plant six street trees of at 'least 2 inches in
caliper along the High Banks frontage of lots 1 and 5. The street trees shall be selected
fram the List .of Applicable Street Trees far planter strips with averheadpawer lines as
listed in the EDSPM, and the new street trees shall be installed as specified'in the
EDSPM Specifically. street trees shall be planted ,at leastfivefeet behind the curbside
sidewalk but not mare than tenfeet behind the sidewalk as specified in EDSPM 6.02,2,
All tree nursery tags identifYing the type .of street tree shall remain an the street trees
until plat appraval,
Four street trees have been planted along the frontage of High Banks Road, two on Lot 5
and two on Lot I per a discussion with Greg of the City of Springfield and the applicant.
The new street trees were planted approximately six feet behind the back of sidewalk.
The trees are Globe Norway Maple which were selected from the List of Applicable
Street Trees with overhead power lines and are at least 2" in caliper.
2) Prior to plat appraval, Lots 1 thrqugh 4 shall be serviced with private sanitary sewer
lateralsfrom the 12-inch sanitary sewer main in the PUEalong High Banks Raad .
frantage .of the subject praperty as depicted an the Tentative Plan.
The applicant has applied for ahd obtained a building permit to connect (4) new sanitary'
sewer laterals to the existing 12" sanitary sewer which falls within the existing public
utility easement along the frontage of the aforementioned property, These new sanitary
sewer connections w'ere constructed under building permit number COM2008-1329 to
serve lots 1-4 of the proposed Eureka Subdivision, The existing structure on lot 5 is
served by an existing sani.tary sewer lateral which connects at the east sideoflot 5 to the
same 12" sanitary sewer main mentioned above, The newly constructed sanitary sewer
improvements are adequate to meet the requirements of SDC 4,3-105 A.
3)' Prior to plat approval, the applic(lnt shall update the utility plan set far the proposed
land division to reflect an approved stormwater management system for roof run-ojJ for
Lots 1 through 4,'ln addition,future development on Lats 1-4 shall direct the roaftap run-
ajJta an appraved discharge location on-site, such as a rain garden or flow-through
planter, . . .
The applicant.has constructed a conveyance swale adjacent to the porous pavement
driveway. The conveyance swale is sloped in a manner to direct any surface drainage or
roof run-off to the Raingarden constructed on the south portion of Lot 1 adjacent to High
. ,
Banks Road, Rooftop run,offfromfuture buildings constructed under separate,pefrnits
will be hard piped to the newly constructed conveyance swale and travel overland to the
Raingarden, The Raingarden was sized per the method shown on City standard drawings
4-19 and 4-22, Attached is the utility plan with revisions per this condition.
4) Prior to plat approval, the applicant shall install the Raingarden as proposed on the
Tentative Plan.
The applicant has constructed the Raingarden as shown on th,e Tentative Plan and seeded
it with tuffted grass.
5) Prior to plat approval, the proposed Raingarden shall be fully vegetated with all plant
species established to ensure afully functioning water quality system. Alternatively, the
applicant shall provide and maintain additional interim erosion control/water quality
measures acceptable to the Public Works Department, that will suffice until such time as
the Raingarden becomes fully established.' .
The applicant has planted the Raingarden with several species of plants and perennials
and tuffted grass from the list of suggested plants shown on City of Springfield standard
detail 4-22, Furthermore the applicant has installf;d a landscape catch basin set one inch
below the back of sidewalk to serve as an overflow during a large storm event. The catch
basin currently has siit fabric over the grate to' prevent silt from entering the storm system
. until the Raingarden is fully established, .
6) Prior to plat approval, the applicant shall update the utility plan setfor the proposed
land division to show the proposed catch basin outside of the PUE. Alternatively, the
applicant may obtain approved from the affected utilitie; for the piacement of the private
catch basin within the PUE.
The applicant has obtained permission from all affected utilities and the city to prior to
. placing the newlandscape catch basin in the PUE along High Banks Road. Refer to
letters of concurrence sent to Clayton in August of this'year.
7) Prior to plat approval, the applicant shall coordinate the provision of power service to
the subdivision with SUB and the City. In additiim, prior to plat' approval, the applicant
shall update the utility plan onfilefor this development to show the actual location
proposed location for all service utility lines to the si{e. Finally, prior to plat approval, .
the applicant shall provide, at a minimum, power service to Lots 1-4, and all utility lines
to serve the site shall be underground, including service lines to the existing dwelling
unit. . .
The location 'of the underground wire utilities for lots 1 ~4 were installed per the utility
plan and the existing utilities to the dwelling unit on lot 5 were relocated underground.
Date Received:
MAR 1 1 2009
Ori9inal Submittal
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9)
8)
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Prior to plat approval, the applicant shall coordinate the provision of water service to
the subdivision with SUB and the City, In addition: prior to plat approval, the applicant
shall update .the utility plan on jile jor this development to show the actual location
proposed location for water lines to the site. Finally, prior to plat approval, Lots I
through,4 shall be served with private water laterals and water meters located as per
SUB water standards. ' .
The water taps and meter base boxes were installed by SUB per plan, The service laterals
were installed by the applicant to serve Lots] -4 per the utility plan set. Actual water .
meters will be installed by SUB as new dwelling units <ire built under a separate permit.
Prior to'plat approval, the applicant shall install a sight-obscuring vegetative screen or .'
wood fence along the west property line, Such a vegetative screen or woodfence shall
conform to the development standards outlined in SDC 4.4-110 and 4.4-115
. The applicant has installed a six foot site obscuring wood fence along the west property
per the specifications outlined in SDC 4.4-] ].0 and 4.4-] ] 5 , .
10) All fences installed in association with this development shall comply with the
development standards ofSDC 4.4-110 and 4.4"115.
Existing conditions as \\;'ell as the newly constructed 6 foot fence are adequate to meei the
requirements of 4.4-] 00. .
] ]) Prior to occupancy of any new dwelling units on Lots] through 4, vehicle parking shall
be provided in accordance with SDC 4,6-] 25:
Parking will be provided for new dwelling units under a separate building permits
. obtained for construction of any new dwelling unit.
12)
Future development on Lots 1 through 4 shall abide by the base solar develop~ent
standards as perSDCJ.2-225.
The applicant satisfies Criterion 4 (SDC 5.12-125 D) as conditioned herein"
13) Prior to plat approval, the applicant shall remove the existing western curb cutto the
subject property, as well as restoring the curb and sidewalk along that portion of the
properties High Banks Frontage. .
As required by this condition the applicant-has removed the existing curb cut on the
,western side of the property and replaced it with standard curb gutter and sidewalk,
, Furthermore the applicant has installed a new 26 foot wide driveway apron per city
standard drawing No, 3- 19 for the newly constructed 20 foot wide porous pavement
driveway,
Date Received:
MAR 1 12009
Original Submittal
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14) Prior to plat approval, the applicant shall install a driveway to serve Lots 1 'through 4.
This driveway shall provide 20 feet.clear width and thirteen feet, six inches of clear
. height, The driveway shall be paved with pervious pavement 18 feet wide from the edge
'ofpavem.flnt of High Banks Road to the pan of Lot 3 as depicted on the Tentative Plan,
The driveway shall be designed to support an 80,000 lb. Load and shall have "No
Parking-Fire Lane" signage in compliance with the standards ofSFC 503,3 and D103.6,
Prior to construction, the applicant shall submit a public and private utility plan showing
. all utilities and easements,
The applicant has depicted a 26 wide by 147,52 feet long easement on the Final Plat.in
the center of the property to cover the' newly constructed 20 foot wide driveway and all
those utilities required in this land'use application to serve Lots 1 through 4. The.
applicant has also placed a'''Fire Lane-No Parking Sign" within the Joint Use, Access,
Utility, and Maintenance Easement depicted on the Final Plat along the newly
constructed driveway to meet this condition,
,
15)
Prior to Final Plat approval the applicant shall record and document on the Plat a 26-
foot wide irrevocablejoint use, access, utility, and maintenance easement to benefit Lots
1 through 4 .
The applicant has depicted a 26 wide by 147.52 feet long Irrevocable Joint Use, Access,
Utility, and Maintenance Easement on the Final Plat in the center of the property to cover
the newly constructed 20 foot wide driveway and all those utilities required in this land
use application to serve Lots 1 through 4,
16) Vision clearance areas shall be maintained at each access to a public street as per SDC
4,2-130.
The vision clearance triangle for any driveway is 10 feet; for this land use application the
Vision Clearance Triangle is contained entirely within an existing 10 foot Public Utility .
Easement that runs along the entire frontage of the subject property as shown on the Final
Plat. Furthermore the Final Plat contains a note that states: "NO BUILDING,
STRUCTURE, TREE,. SHRUBBERY OR OTHER CONSTRUCTION SHALL BE
PLACED OR LOCATED ON OR IN A PUBLIC UTILITY EASEMENT", As
conditioned above, this application meets therequiren;ents of SDC 4.2-130,
Date Received:
MAR 1 12009
l
Origina.1 Submittpl
LOT 3 (FIG 12)
10 5020,9568 . 4894.0181 .
16 5150,3871 4922.4679
,
9 51.68,8517 4838.4842
57 5236,1247 4853.0642
11 5215,9763 4945.6902
.12 5019.1101, 4902.4175
10 5020,9568 4894.0181
AREA= 7667.673 SQ.FT,= 0.17602556 ACRES
LOT 4 (FIG 13)
13 5017.2419 4910,9145
14 5136,1822 4937,0585
15 5120.4835 5008.4604
51 5001.5432 4982,3164
13 5017,2419 49](i.9145,
AREA= 8902.986 SQ,FT,= 0.20438445 ACRES.
. N 12-23-48.9 E 132,5201
N 77,36,0,0 W 85,9895
N 12-13-42,6 E 68.8349
S 77-43-40,5 E 94.7921
S ] 2-23"48,9 W . 201.5659
N 77-36- 0.0 W 8.6000
N.12,23,48.9 E 121.7797
S..77,36- 0,0 E 73.1073
S.12-23"48.9 W 121.7797
N 77-36,0,0 W 73.1073
Date Received:
MAR 11 2009
Original Submittal
". --0'
LOT CLOSURES FOR THE EUREKA SUBDIVISION
MAP 17-02-28, TAX LOT 303,IDGH BANKS ROAD, SPRINGFIELD OR.
POAGE JOB No. 3949 BY: CDN DATE: 1/26/2009
LOT 2 (FIG 1 I)
6 5022.8250 4885.5210
7 ' 5083.8873 4898.9430
8 . 5100.4399 4823.6574
9 5168.8517 4838.4842
. .
16 5150,3871 4922.4679
. 10 5020,9568 4894.0181
6 5022,8250 4885,5210.
AREA= 6555,980 SQ.FT,= 0,15050460 ACRES.
'N 12,23-48.9 E ' 62.5200
N 77-36, 0,0 W 77.0838
N 12-13-42,6E 70,0000
S77,36: 1.0.E 85,9895
S 12-23-48.9 W 132,5201
N 77,36- 0.0 W 8,7000
Date Received:
MARl 1 2009
Original Submittal
03/05/2009 THU 11: 09
03/05/2009'10:53 FAX
FAX 541 682 3947
541485"
LANE CO LAND MGMNT
POAGE ENGINEERING
..
1dJ00l/001
141001
Subdivision I Condominium
Name Reservation
Lane County Surv~ors Office
125 E. 8th Avenue
Eugene, OR 97401
Phone: (541)682'4195
Fax: (S41) 682-3947
Please complete thisfoJ'm. and sub~it to the La.ne County SwveyoTs Of.fice.
Date: '?~5"-0'=l
Subdivisioo / CoodooJ.inium Name: E::ulZet<.A ~P';17IVI~OtJ
T-R..s: ~e Y1"~J. 2e., TlI 0/ e Z.H W.H.,
Jurisdiction: (JIW ~ t."fP,I\lF~U7
Surveyor; .lONA41-IAN OA!<$'''';.
Developer: ~R:GKA Deve;l.bpI-If?'rJT l..,L-,t._
I~O~"""'.A.. ()~ understand that iftheabove name isnotpending
or recorded within three (3)yelU'sthe ruune will no longer be resCl'Ved for
use.
0~A.~
(S;gnaruro)
The Lane County Surveyors Office does hereby approve and reserve the above name pl.lrsUlUIt to
ORS 92iJ,' IORS 100,115 (5) & (6),
1;;1;1 A!L:.-<.- 'i;?bJJo/
APpr~ ' I v. D e
Reservation Expires: 3.!lJ(fhJJt.7.
MAR 1'1 2009
. IDate..54- I :.~.. ~ I
ITa 2:b4.J I
lCo.lDept. ;O"""o~ I
IPhone #; I
IFaX#y~ Y'.:?S-S62~ .
Date Received:
Return via Fa." I Mail to:
Original Submittal
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2008-015~6
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. Dll.lision of Chia~~'\I,(f<'Cl_.rk
Loane Count.y DeedS'~~_;~~\,,_, Ql"ds
11111111111" 111111111111111111111111111111111111 . $31.00
00983832200800194860020024 ^"
- . 03/20/200a 10:05:2a 1111
RPR-DEED Cnl=1 Sln=1 CASHIER O~
$10,00 $11,00 $10.00
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~After.rrecardlffii~etJjiiiiif~
Order Number; 5220
We,stern Title & EscrolV
497 Oakwav Road, Suite 340
E~gene, OR 97401
~~it~~Grrante.e1Name.fS"~..J~1
Eureka Development, LLC, an Oregon Limited
Liability Company
Attn: Bill Dwyer
5558 Thul"Ston Road
~t;ilf~i~~~n~!~~g~!~tell:t~~t;a!~m:~P~1
~' - '-~all,berseriHt01tne,fQI owina a(l(fress:~
Same as A,bove
*Roberta Ellen Harris. successor trustee.
ReserVed for Recorder's Use
10-
to'
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STATUTORY WARRANTY DEEP
* . .'
. under The June E. Relyea Living
Trust, dated May 26, 1993, and any amendments thereto
Grantor(s) conveys and warrants to
Eureka Development, LLC, an Oregon Limited Liability Company , Grantee the
following described real property free of encumbrances except as specifically set forth
herein: -
Beginning at a point on the Northerly,right-of-way line of County Road No. 440,-
said point being 1,485.17 feet North 770 11' 20" West'of the Southeast corner of
Section 28, Township 17 South, Range 2 West of the Willamette Meridian; running
thence alon9 the Northerly right.of-way line of County' Road No. 440 North 770 36'
West 176.0 feet, thence leaving said righ~~of-way line North 120 _24' East 202.S~
feet; thence parallel to said right-of-way line South 770 36' East 176.0 feet; thence
South'l:20 24' West 202.52 feet to the point of beginning, in Lane C?unty, Oregon.
Account No(s): 0112423
MapjTax Lot No(s): 17 02 28 00 00303
This property is free of encumbrances, EXCEPT: All those items of record, jf any, as of the
date of this deed, including any real property taxes due, but not yet payable,
The true consideration for this conveyance is $235,000.00. (~ere comply with
requirements of ORS 93.030.) "
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD, INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,
195.301 and 195.305 TO 195.336 AND SECTIONS S TO' 11 OF CHAPTER 424, OREGON LAWS
2007. THIS INSTRUMENT DOES NOT ALLOW USE Of THEjPROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION Of APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SHiNING OR ACCEPTIN-G THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD 'CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED INORS 92.010 OR 215:010, TO VERIFY THE
APPROVED USES' OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424~ OREGON LAWS
2007.
Executed this R, d~Y of March, 2008
T:eZl~~:;:5
~Roberta Ellen Harris
Its Successor Trustee
_ OFFlCIAlSEAL
LISA DE AN LEMONDS
NOTARY PUBLIC. OREGON
. / . CO"",8810NNO: 395791
MY COMMISSION EXPIRES AUG. 2E!, 2009
Date Received:
MAR 11 2009
oriQina\ submittaL
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State of Oregon, County of'Lane:) 55.' . -. "1 ., ..
This instrument' wa~ ~~cknowledg~d before me'-o~n'this'~ day of Ma~chr 2008 by R~.berta
Ely.n Hi1~cc~or Trustee Of.The June E. R~lyea Living- Trust
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Notary Public for Oregon ........, .
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_ . OFFICIAL sm'- -
LISA PE AN LEMONIlS
.-1 NOTARY PUBUC . OREGON
- c- COMMISSION NO: 395791
MY COMMISSION EXPIRES A.UG, 26. 2009
Date Received:
MAR I' I 2009
Original Submittal
:1
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After recording return to:
Bill Dwyer
5558 Thurston Road
Springfield, Oregon 97478
PRIVATE JOINT ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
Eureka Deyelopment LLC is the owner of a certain tract of real property located in the
Southeast one-quarter of Section 28 in Township 17 South, Range 2 West of the
Willamette Meridian. The legal description of the real property is as follows:
Beginning at a 1/2" iron pipe being of record North 77" 11'20" West
1485,17 feet and measured North 77010'13" West 1484,54 feet from the
brass cap monument marking the southeast corner of Section 28 in
Town,ship 17 South, Range 2 West of the Willamette Meridian, said iron
pipe being on the north margin of High Banks Road 30 feel from, when
measured at right angles to the centerline of High Banks Road; thence
along the north margin of High Banks Road North 77"36'00" West 176;00
feetto a 1/2" iron pipe; thence leaYing said north margin and running
North 12013'43" East 201.36 feet to a'1/2" iron pipe; thence South
77043'40" East 176.60 feet to a 1/2" iron pipe; thence South 12023'49"
West 201,75 feet to the point of beginning, all in Lane County Oregon.
The owner is subdividing said real property into 5 lots as approyed under City of
Springfield Planning File No. SUB2008-00022, This easement is being created to
provide a joint access and utility easement with maintenance provisions across.Lots 1
. through 5 inclusiye of Eureka Subdivision as platted and recorded .
,2009, Inst. No.
, Lane County Oregon Official Records for the mutual benefit of said Lots 1-5 inclusive,
"
DECLARATION OF EASEMENT:
1. Easement Created, Eureka Deyelopment LLC does hereby create a
perpetual easement as described in Exhibit "A", attached, for the mutual
and exclusiye use of Lot 1 through Lot 5 inclusiye of the aforementioned
Eureka SubdiYision, as recorded in the Lane County Oregon Official
Records.
2, Purpose, The easement is created to proYide for ingress and egress
and emergency yehicle access to Lot1 through Lot 5 inclusiye said Eureka
Subdivision Plat. That portion of the access easement not encumbered
by an underlying public utility easement may also be used by the
aforementioned Lots for the installation of priyate utilities, including, bub . d'
not limited to water service, electrical service, telecommunicatio5)~fViceSpeIVe .
storm water drainage and sanitary sewer service,
MAR 1 1 2009
Access Easement and Maintenance Agreement - Page 1
Original Submittal
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3. . Use of Burdened ProDerty. The owners or occupiers of the parcels
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 qr occupiers do not interfere with the use of the easement as
granted by this instrument. However, no parking will be allowed within the
easement area.
4. Private Grant The easement created by this instrument does not
constitute a dedication or grant for public use unless requested at a later
time, by a public agency to dedicate the easement as a public road.
5. Maintenance and Re[:1airs. The owners or occupiers of Lots 1- 5 of Eureka
SubdiYision shall at alj times hereafter, join in the maintenance of the
easement property and roadway in a condition as good as its present
payed condition proportionate to each parties use of the roadway. The
cost for the repair and maintenance will be proportionate to use as ,
described in oRS 105,107 to 105.185, as may be amended from time to
time. Howeyer, any repairs necessitated by the negligence or the misuse
of the Easement area and rights granted herein by one individual party or
that individual party's agents or inyitees against the other parties
. associated with this easement shall be the sole responsibility of the
damaging party.
6, ProDertv Taxes. The affected lots shall each pay the real property taxes
for that portion of the easement area located within their individual lots,
7. Successors in Interest. Recordation. The provisions of this instrument
touch and concern, and relate to the use of Lots 1-5, inciusiye of Eureka
Subdivision and are intended to be coyenants and restrictions running
with the land. This document shall therefore; be recorded in the Deeds
Records of Lane County. Oregon.
9, Indemnity, Users of the roadway for access or maintenance ("Users")
shall assume all risks arising out of their use of the Easement or otherwise
related to this Easement. Specifically, but without limitation, Lot Owners'
shall haye no liability to Users or their agents and employees, or any
independent contractor hired by Users solely based on their status as a
Lot Owner. Users agree to indemnify and hold harmless Lot Owners from
any claim, cost, damage or expense of any kind or nature arising out of or
related to any negligent or wrongful act or omissiqn of Users arising out of
their use of the Easement.
10, Bindina Effect The terms and conditions of this Easement shall run with
the land and shall extend to and be binding upon and inure to the benefit
of the heirs, successors and a';signs of the parties
11. Waiver, No waiyer of any right arising out of a breach of any covenant,
term or condition of this Easement shall be a waiyer of any right arising
out of any other or subsequent breach of the same or any other coyenant,
term or condition of the coyenant, term or coridition thereof.
Date Received:
MAR 1 1 2009
Original Submittal
Access Easement and Maintenance Agre",ment.. - Page 2
" .
12. Leaal Proceedinos If any legal proceeding is commenced for the
purpose of interpreting or enforcing any proYision of this Agreement, the
preyailing party in such proceeding shall be entitled to recoyer reasonable
attorney's fees in such proceeding, or any appeal thereof, in addition to
the costs and disbursements allowed by law.
13. Arbitration Any claim, controyersy or dispute arising out of this
Easement shall be settled by arbitration in accordance with the applicable
rules of the American Arbitration Association, and judgement upon the
award rendered by the arbitrator may be entered in any court having
jurisdiction thereof, Any such arbitration shall be conducted in Lane
County, Oregon.
All proYisions of this instrument, including the benefits and burdens, are binding and
enure to the heirs, successors, assigns, transferees, and personal representatiYes of all
parties who own any of the aforementioned parcels,
Dated this ) /
day of ~'..-L-/' ~.
,2009
~L2~
Bill Dwyer, Mem~
Eureka Deyelopment LLC
STATE OF OREGON
)
) ss
County of Lane )
On this I) t" I\. day of iYl A- /2. eli, 2009 there appeared
before me,.a Notary Public for the State of Oregon, County of Lane the hereon named
Bill Dwyer being known to me, or prQved to me by a satisfactory evidence, to be the
" same person who executed the foregoing instrument in his authorized capacity as a
member of Eureka Deyelopment LLrC and acknowledged the same. to be his voluntary
acta~~eed. In witness wh.ereof, I 3ye hereunto set my hand arld affixed my ~eal.
'A ---G\"v--b'0tA~\.,-, ) . .
NotarY Public for.oregon
My commission expires: . fV\ A (2..( H "<; i 201 L
. OFFICIAL SEAL
CHRIS MOORHEAD
NOTARY PUBUC-OREGON
...... j COMMISSION NO. 427460
MY COMMISSION EXPIRES MAR. 31, 2012
Date Received:
MAR 1 1 2009
Original Submittal
Access Easement and Maintenance Agreement. - Page 3
Exhibit "A"
Easement Area
Beginning at a 1/2" iron pipe being of record North 7r1.1 '20" West 1485.17 feet and
measured North 7r1 0'13" West 1484.54 feet from the brass cap monument marking
the southeast corner of Section 28 in Township 17 South, Range 2 West of the
Willamette Meridian, said iron pipe being on the north margin of High Sanks Road 30
feet from, when measured at right angles to the centerline of High Banks Road; thence
along the north margin of High Banks Road North 7r36'00" West 99,11 feet to the
True Point of Beginning; thence leaving said north margin and running North 12023'49"
East 130,52 feet; thence North 7r36'00" West 4.0 feet; thence North 12023'49" East
4.0 feet; thence South 7r36'00" East 4,0 feet; thence North 12023'49" East 13.0 feet;
thence South 7r36'00" East 26.00 feet; thence South 12023'49" West 21,74 feet;
thence South 7r36'00" East 4.0 feet; thence South 12023'49" West 4,0 feet; thence
North 7r36'00" West 4,0 feet; thence South 12023'49" West 121,78 feet to a point in
the north margin of High S'anks Road, said point being 30,0 feet from, when measured
at right angles to the centerline of High Banks Road; thence along the north margin of
High Banks Road North '7r36'00" West 26,00 feet to the True Point of Beginning, allin .
Lane County Oregon . . . .
Date Received:
MAR I 1 2009
Original Submittal
Access Easement and Maintenance Agreement - Page 4
1\' MA'R.112009 11:39AM
.. ,. "
F'''~GRHNLAND TITLE CO
NO. 9988 P 1
'ver reen
Land Title company.
b.
I
.,
1
PRELIMINARY TITLE REPORT
. / \
TO: POAGE ENGINEERING
FAX: 485-5624
ATTN: CHRIS.
../
.RE:
EUREKA DEVELOPMENT
5560 mGH BANKS RD SPlUNGFIELD
\..
/
Order reports and listing kits online at (www.evcrgreenlandtitle.com)
Date Received:
.MaJtdi 11, 2009
ELT-55545
MAR 1 1 2009
Original Submittal
Main Office:
1651 Centennial Blvd.
Springfield, OR 97477
Phone # (541)'741-1981 Fax # (541)741-0619 /
., .
Branch Office:
6'25 Country club ~d. . Eugene, Oregon 371101
P.O. BQX 10211 - Eugene, Ore~on 97tJtJO
Phone # (541) 687,9794 Fax # (541) 687-0924
MA'R. 11. 2009 11: 39AM
f"'RGREEN LAND TITLE CO
....
~
~.
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~il:':;',""""i\
~Yr~rg~~~
TITLE INSURANCE SERVICES. ESCROW CLOSINGS ,_.
NO. 9988
P. 2
<
1651 CENTENNIAL BLVD, . SP~INGFrELD, OR 97477
P,O, BOX 931 . SPRINGFiElD, OR 97477
PHONE: 541 ,741.1981
FAX: 541.741.0619
625 COUNTRY CLUB RD.,. EUGENE, OR 97401
p.o, BOX 10211 . EUGENE, OR 97440
PHONE: 541.687,9794
FAX: 541.687,0924
. ---,'-- --,_.
March 11, 2009
Our Order No.: ELT-55545
SUPPLEMENTAL TITLE REPORT
Poage Engineering
, 990 Obie
Eugene, Oregon 97402
Attn: Chris
Estimated Premium for:
PARTIALBILLlNG
$200,00
TOTAL
$200.00
Dear Chris:
Weare 'prepared to issue on request and on recording of the appropriate documents, a policy or
policies Wi applied for, with coverages as indicated, based onJhis preliminary report.
LEGAL DESCRIPTION:.
SEE ATTACHED EXHIBIT A
Showing fee simple title as of March 5,2009, at 8:00 a.m., vested in:
EUREKA DEVELOPMENT, LLC,
, an Oregqn limited liabilitY cOU1l?any
Subject only to the exceptions"shown herein and to the terms, conditions and 'exceptions
_ contailled-incthepolicy-fonn,-No~1iability isassumed_unti.Lafull nremium A~ 1J.eenJ)ai~,
Date Received:
MAR 1 .1 2009'
Original Submittal
CONTINUED
"IN OUR BUSINESS, YOU MATTER MOST"
www.everg..eenlandtitle.com
MAR. 11.2009 11:39AM
eVCRGREEN LAND TITLE CO
NO.9988' P. 3
,
ELT - 55545
PageZ
SCHEDULE B
GENERAL EXCEPTIONS.
1. 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 of such proceedings,
whether or uot 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 Gould
be ascertained by an inspection of the land or by making inquiry of persons ill possession
thereof. . '
3, Easements, or claims of easement, 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. Any encroachment (of existing improvements located on the subject land onto adjoining
land or of existing improvements located on adjoining land onto the subject iand),
.encumbrance, violation, variation, or adverse circumstance 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, material, equipment rental or workers
compensation heretofore or hereafter fumished, imposed by law and not shown by the public
records.
CURRENT EXCEPTIONS.
,
6, Public Utility Easement, granted to the City of Springfield, a municipal corporation, in Lane
County, Oregon, including the tenus and provisions thereof, by instrument Recorded January
14,1991, Reception ~o,91-01787, Lane County Oregon Records, .
7. . Right-of-Way Easement, granted to the City of Springfield, a municipal corporation, acting
by and through its Springfield Utility Board, and unto its successors and assigns, including the
tenus and provisions thereof, by instnrrnent Recorded April 8, 1991, Reception No, 91-15843,
Lane County Oregon Records,
. .
NOTE: Taxes, Map No, 17-02-28-00-00303, Code 19cOO, Account No. 0112423,.2008,2009,
$2,726.11, paid in full. '.. .
NOTE: The address ;fthe property to be insured herein is: 5560 HIGH BANKS ROAD,
SPRINGFIELD,ORBGON97478, . . '
NOTE: A JUDGEMENT/LIENIBANKRUPTCY SEARCH was done for the name(s)
EURE.KA DEVELOPMENT, LLC, and as of March 5, Z009, none were found.
CONTINUED
Date Received:
MAR 11 2009
"
Original Submittal'
. MA R.l1. 2009 11: 39 AM .
r\lCRGREEN LAND TITLE CO
NO. 9988 P 4
ELT - 55545
Page 3
WARRANTY DEED RECORDED March 20, 2008, FROM ROBERT A ELLEN HARRIS,
SUCCESSOR TRUSTEE, UNDER THE JUNE E. RELYEA LIVING TRUST, DATED MAY
26, 1993, A.ND ANY AMENDMENTS THERETO, TO EUREKA DEVELOPMENT, LLC,
AN OREGON LIMITED LIABILITY COMPANY, RECEPTION NO. 2008-015486. (
BARGAIN AND SALE DEED RECORDED May 26,1993, FROM JUNE E. RELYEA, TO
JUNE E,REL YEA, TRUSTEE OR HER SUCCESSORS IN TRUST, UNDER THE JUNE E.
RELYEA LIVING TRUST, DATED MAY 26,1993, AND ANY AMENDMENTS
THERETO, RECEPTION NO. 93-31991.
NOTE: SUPPLEMENTED TO UPDATE REPORT.
Very truly yours,
EVERGREEN L,AND TITLE COMPANY
HOME OFFICE
BY;/</.J .' ~ '.
~~ ~~0'
Q-y Jeffrey K. Walker
AdvisoryTitle Officer
NO LIABILITY IS ASSUMED HERE8NDERUNTIL POLICY ISJSSUED AND
PREMIlTM PAID. IF FOR ANY REASON THE REPORT IS CANCET T ]:If), A MINIMUM
CA.l'JCELLA IrON FEE OF $200,00 WILL BE CHARGED. .
Date Received:
MAR .1. I 2009
Original Submittal
.MAR. 11. 2009 11: 39AM
ELT - 55545 .
Page 1 of 1
Legal Description'
,\ICRGRHN LAND TITLE CO
EXHIBIT A
..-......
NO. 9988. P.. 5
Beginning at a point on the Northerly right-of-way line of County Road No. 440, said point
being 1485.17 feet North 770 11' 20" West of the Southeast comer of Section 28, Township 17
South, Range 2 West oft11e Willaroette Meridian; running thence along the Northerly right-of-
way line of County Road No. 440 North 770 36' West 176.0 feet; thence leaving said right-of-
way line North 12Q 24' East 202.52 feet; th.ence parallel to said right-of-way line South 7T 36'
East 176,0 feet; thence South 120 24' West 202.52 feet to the Point of Beginning, in Lane
County, Oregon. .
Date Received:
MAR' I I 2009
. Original Submittal
.M~R,11, 2009 H: 39AM
,
,u'RGREEN LAND TITLE CO.
-~-
. NO. 9988
P. 6
TIns Mr..!" IS '[0 ,\:';SISl
, LOCATING PROPi.RN
THE COMPANY ASS_l:M~~' \\\;r
LlABlLITY FOR INACCUR"Ck~
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. Date Received:
MAR 1 t 2009
Original Submittal___....":,
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