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HomeMy WebLinkAboutApplication APPLICANT 3/11/2009 () o :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: ~ ;j " Applicant Name: ~IL..-L- I7klJe;i<.. I I . Company:, f"L-l~~KA DGVe:::LOPI--i"'.J.Jf !Address: ??5'B, IZoAI7 Phone: 7Zu.-OI.0'l. IA..u Fax: 1 .1 1 I I I I I Applicant's Rep.: Company: Address: . I Property Owner: E:t.--IE6K.A Di'>VE2:lA'JO, l-le,~.rr [.,.l-(., '1 I I 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 !~~!~.~J:=_~.~~.!__=~~2-~9jL_~._.____~J.!~~~~~~~~~~_~:ED~.~, - , - 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 -- --- Date Received: MAR t t 2009 Original Submittal SITE Map 17-02-28-00 Tax Lot 303 North + Date Received: . MAR 11 2009 .' 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 J 9) 8) I ~I 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 --,-' , 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 =..""""""'~, .'--"""""~~~-..' ,/ ~ ...... , .' ; :~ r 2008-015~6 ~ . 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 ~. ~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' ll' 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 J:: ,_... ...... ..__.. _.~.... _... _....... .._... .__ __. f = ./ . ''''''',. < ~ ..-:-'~, \. ., ~. ~ (' , ,,~ .. 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 I--- '/f}W Notary Public for Oregon ........, . . II '. . .' _ . 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 ..:~' '..... 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 ~ r;.~' 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 .... ~ ~. ~"-< ~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~ N GviJ~~S'I c::- w+ E E'iERGl\"'~L.'cD;:;"GO 7M.jS~1 S I 7-D2--Ji-0 0 t~[._"---....51'f'.!....!.'~~"" I ~' - ."",. ?.Pd.~/' 1""~c""":l<l',",,7'" - - --:lFJt - !:'-r'l.J'''''~'~/-!l- " n r ;---,r,.....-.........'n'N__ N.E. COR. ......, >-"I!I~ ~ "''"i71iJ;;;;:J;;.- ~ I SSE:, COR, '~ ,) N.JOH ~~N N.JOHNSON N,W. COR. . .....r '.m",' . A.S. POWERS (~ I. ,. L ~ 0 LC 62 - , J.t.!. MANN I OLC49 ..0 C .. .' cO'D'L 74 ---_~~_.:.:~;m . ~; ~~ ..C. NE. cOR Y:e<i~.j.OJ ~f .. . I DANIEL HARKIN .' > '._"w".~,.,.' .' ) I D.Le. 61 .' ":"",""~I:a ' """11 .,......-;-t p' "~'. ~'1;;l "-"'/'71-"::::'~ -d..."'l~- . ;" 40= ,!O.~~,....,. ~ :~~~~ ,~ . ~ Z,~ ft.!:.. I .. , :e- a . 4:-::"'~~" 4qO t("" ~~~Il.'!+"E .' .N&".;tl'',OiI.-., "J.4.,c":r; . 8] ~~~"-'D:. ~. ,~.",7' C\ e.O'O'I'\'1'e;.I"'I.I'~~l>"" ~I ; r, c.w...;'~'~" .Ij ~ I ,....~.t:oLe. '-"'l.. " . .,? ~.~, l.:fQ:iJ ( ) , ... , ~ O,\'(j;f Y ., ~06 I ~'I ~ ,; . . ~ ~ 0 C;i o~ 1- ~,,' ~ 7,17 AC. - Pi -: ~ "-:'>:!",, . ,~l rr ~ I ~ . -/ -..,;~<<. ..,\~,.'{ ~ fth- ,~ "'h. ~~')-~...i.r..:.... ~ I (, ~I 4.p: ..... _.....J<. __ I \7) ~. ""'"" .,~,~ ~:.::-: 1.. 00 I ~, ~_ DO 101'> ,_....... .......... : 0 . .' " 0 ..,~ L. I 2500 rlI,i' ~I' ~ ... ....... ,:-- ?-~, I ....-: ". ---:JJ1Iy, ,;.''t' <:'1 , ..- - "'.., .,,', "'70'U..!..'S ::-<....~. .":., ~ I- ~_,,.".:...'':'.'' :..: 'if .~~ ?=,"'. .'- q", . '1 Ul - - ~ - ,I..~ '~ ". .# '-" ' ~'t"'._"",;",,~ I!Ji 302 N:;, ~~"""~'. 17022834 I ~,.... !k tl '\ .2 00 ~~~- ~~ I ... ~z~ I ,5 <_ ~~~, ". ~ ~ I C!~ ~u.o "., n".,pI A~ I'>--- ' I ~ : 1,' v \ . Date Received: MAR 1 t 2009 Original Submittal___....":, .-