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HomeMy WebLinkAboutCorrespondence APPLICANT 4/3/2009 f \.. CIVIL l~ Branch Engineering, Inc. ~ 310 5th s..... Sph"gfi.ld, O~go" 974n . (541) 746-0637 . ,,, (541) 746-0389 '\ PRINCIPALS: JamesA. Branch, P.E., P.l.S. Rene Fabricant, S.E., P.E. Michael Lane Branch, P.E. Damien Gilbert, P.E. Renee Clough, P.E. April 3, 2009 B't\l!ch No 97-173K Mr. Andy Limbird CITY OF SPRIMGFIELD DEVELOPMENT SF,R,VICES DEPARTMENT 225 Fifth Street ~ Springfield, OR 97477 Re: JASPER.MEADOWS SEVENTH ADDITION . (aka Phase 8) Plarining No SUB 2006-00004 Dear Andy, The subject plat was recorded April 3, 2009 Attached are five rolled paper copies of the plat (Rec. No. 2009-016601) and 3 copies each of the following recorded documents: I. Second Declaration of Annexation to the c.c. & R.'s for Jasper Meadows Third and Fourth Additions (Rec. No. 2009-016602). 2. Concurrence to Platting (Rec. No. 2009-016603). Yours truly, ~bl Rex A. Betz, PLS Survey Manager xc: Ms. Tammy Harty Hayden Homes, LLC 2464 S. W. Glacier Place, Suite llO Redmond, OR 97756 Oat€! Received: f1~? Planner: AL ../ STRUCTURAL TRAFFIC /lRANSPORTATION SURVEYING PLAT . DOCUMENT # , Division of Chief Deputy Clerk 2^^9.^lee^I' Lone County Deeds and Records UU U GGU 1IIIIWIII/IIIIIII1IIIII11II11II111 $506.00 '1 '626..920 191.'" '6 n0-._vl.9 04/01/2009 01:05:51 PM RPR-SUBD Cnt=1 Stn=6. CASHIER 07 $6.00 $480.00 $10.00 $11.00 This document is a SUBDIVISION JASPER MEADOWS SEVENTH ADDITION Owner: Havden Homes. LLC. Dedicatee: City of Soringfield Twn.18S Rng. 2W Sec.~ RECEIVED APR 3 2009 . By: LANE COUNTY DEEDS & RECORDS 46 ~Lots ---2- - Stickers ~ - Res. Numbers AFTER RECORDING RETURN. TO: Lane County Surveyor's Office / Division of Chief Deputy Clerk "2^^g.Of66M" Lane County Deeds and Records UU I u' 11111111111 III 11111 11111111111111111 111111111 $36.00 01162631.;00.:001 '6020050050 04/01/200901:05:51 P" RPR-ANNXCnt=1 Stn=6 CASHIER 07 $29.00 $11.00 RECEIVED . APR 3 2009 By:. ...... c i .- AFTER RECORDING RETURN TO: Hayden Homes, LLC . Attention: Tammy Harty 2464 SW Glacier Place, Suite 110 Redmond, Oregon 97756 . SECOND DECLARATION OF ANNEXATION OF REAL PROPERTY TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR JASPER MEADOWS THIRD AND FOURTH ADDITIONS THIS SECOND DECLARATION OF ANNEXATION OF REAL PROPERTY TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JASPER MEADOWS THIRD AND FOURTH ADDITIONS (this "Declaration of Annexation") is made effective as of the date of its recording in the real property records of Lane County, Oregon, by HAYDEN HOMES, LLC, an Oregon limited liability company ("Successor Declarant"). A. Stonehedge, L.L.C. ("Orillinal Declarant") previously recorded that certain Declaration of Protective Covenants, Conditions and Restrictions for Jasper Meadows Third and Fourth Addition on May 22, 2006 as Document Number 2006-035148 in the real property records" of Lane County, Oregon (the ~'prillinal Declaration") in connection with the creation of a planned community known as JaSper Meadows (the "Subdivision"). The Original Dedarant amended the Original Declaration by that certain Amendment to Declaration of Protective Covenants, Conditions and Restrictions for Jasper Meadows Third and Fourth Addition recorded on May 22, 2006 as Document Number 2006-035149 in the real property records of Lane County, Oregon (the "First Amendment") (The Original Declaration as amended by the First Amendment is referred to herein as the "Declaration"). B. Original Declarant made Hayden Enterprises, Inc. the successor declarant under the Declaration in that certain Assignment of Declarant Rights and Naming Successor Declarant for Jasper Meadows Third Addition & Jasper Meadows Fourth Addition recorded on February 21,2007 as Document Number 2007-011679 in the real property records of Lane County, Oregon. Hayden Enterprises, Inc. and Hayden Homes, LLC were made co-declarants under the Declaration in that certain Assignment 'of Declarant Rights and Naming Successor Declarant for Jasper Meadows Third and Fourth Additions recorded on March 8, 2007 as Document Number 2007-015787 in the real property records of Lane County, Oregon. Hayden Enterprise, Inc. assigned all of its rights as a successor declarant under the Declaration to Hayden Homes, LLC by Assignment of Declarant Rights recorded on February 5, 2008 as Document Number 2008- 006478 in the real property records of Lane County, Oregon, thereby making Hayden Homes, . LLC the sole successor declarant under the Declaration. . "R E eEl V ED POX/IllS 13/1S400IIRSBI3006789.1 ~1~':~~L:~}Q.Qi By: : . C. Successor Declarant annexed additional property into the Subdivision by recording that certain First Declaration of Annexation of Real Property to the Declaration of Protective Covenants, Conditions and Restrictions for Jasper Meadows Third and Fourth Addition on October 4, 2007 as Document Number 2007-068792 in the real property records of Lane County, Oregon, as replaced by that certain Amended and Restated First Declaration of Annexation of Real Property to the Declaration of Protective Covenants, Conditions and' Restrictions for Jasper Meadows Third and Fourth Addition recorded on February 5, 2008 as Document Number 2008-006477 in the real property records of Lane County, Oregon. D. Article XI of the Declaration confers upon Successor Declarant the authority to annex additional property into the Subdivision and to make such property subject to the terms of the Declaration. Successor Declarant now desires to annex the real property described on attached ExhibitA(the "Seventh Addition") into the Subdivision pursuant to its reserved rights under said Article XI of the Declaration, as more particularly set forth herein. NOW, THEREFORE, Successor Declarant hereby declares the following pursuant to its reserved rights under the terms of the Declaration. 1. Terms of Annexation..' 1.1 The Seventh Addition is hereby annexed into the Subdivision and is subject to all of the terms of the Declaration (except as otherwise set forth in this Declaration 'of AMexation) and to the jurisdiction of the Jasper Meadows Third and Fourth Additions Homeowners' Association (the "Association"). 1.2 Lots 264.through 309 of the Seventh Addition shall each be considered a "Lot" as defined in the Declaration and shall each be entitled to one (I) vote in accordance with the terms of Section 2.2.1 of the Declaration. 1.3 If necessary, the Board shall update the budget for the Association and recalculate all applicable assessments against the Lots within the time frame required by and in accordance with the terms of Section 3.1 0 of the Declaration. 1.4 Successor Declarant, pursuimt to its reserved rights under Section 11.1.3(b) of the Declaration, hereby declares that none of the Lots within the Seventh Addition shall be subject to the following use. restrictions: (a) the restriction set forth in the first sentence .0fSection 10.16 ofthe Declaration pertaining to numberofaiitomobiles that must be- accommodated in an enclosed garage or (b) the minimum square footage requirement set forth in Section 10.25 of the Declaration. 2. Miscellaneous. 2.1 In the event of any conflict between the terms of the Declaration and the terms of this Declaration of Annexation, the terms of this Declaration of Annexation shall prevail with respect to the Seventh Addition. 2.2 All capitalized terms not defined in this Declarat;ij' 0 . @~n~ lED have the meaning ascribed to such terms in the Declaration.. . .E~,;} WY~ PDX/lII513/154001IRSBI3006789.1 I. '" '" AP'R" '3"2009 ~:),l!D .1 ., e , I ,. " 2.3 The effective date of this Declaration of Annexation shall be the date on which this Declaration of Annexation is filed in the real estate records for Lane County, Oregon. IN WITNESS WHEREOF, Successor Declarant has executed this Declaration of Annexation as of the .s!: day of '"I\JIlJfA'\'\.V"",2008. HAYDEN HOMES, LLC, an Oregon limited liability company , By: Name: Title: -(fJU J;(; W M}v1 - ~I'f',++- fAl ri<<J;/ (J )t _ 01 j::h, _ ACKNOWLEDGMENT STATE0FOREGON ) )ss. County of Deschutes ) ~ \ The foregoing instiument was acknowledged before me this Sh-dayof I\JDVUV\.~ .2008, by ,1,,,.t1f- 1..u./Si5l) . the l)ll-, 1:>/ hnlu1u of Hayden Homes, LLC, an Oregon limited liability company, on behalf of said company. - _ .-, _.-~-...=.::3S' OFFICIAL SEAL : TAMMY HARTY "OTARY PUBLIC- ORE7G200"S I COMMISSION NO, 42 j MY COMMISSION EXPIRES MAR n.. 2D12~. - .-. ------.......~----......~ RECEIVED APR 3 2009 By: PDXlllllI3/ll400I/RSBI3006789.l 1 <'(xL _/ Scmuu, WII.U,UUON &: WYATT ;:YAW ATTORIlI'S A" ~...w ~ ., f . EXHIBIT A LEGAL DESCRIPTION OF THE SEVENTH ADDITION Real property situated in the City of Springfield, Courity of Lane and State of Oregon, being more particularly described as follows: Lots 264 through 309 of Jasper Meadows Seventh Addition, as shown on the plat of Jasper Meadows Seventh Addition recorded on / ALJ/" " 200~ as Document Number 200~ /660/ in the real property records of Lane:County, Oregon. RECEI\/ED APR 3 2009 By: EXHffiIT A PDXll1 1513/154001IRSBl3006789.l .,11 I 1111 1111 I I I I 11111 ,""1,.,." ...,11111. I ,III I.. II' I ~ ""~ ~- .;, 'j i- f Aft~r reco~~g return to: Rex Betz, Branch Engineering, Inc. 310 Fifth Street / Springfield, OR 91411 , ~~~~S~;~n~~ ~~~:~ :~u~~c~~~k 2009.016603 II lIIII II" lIIII \1111111\1 1111111111111111 $31.00 ~1J6253~ '090' .6 '30020027 04/01/2009 01:05:51 PM RPR-CONC Cnt=1 Stn=6 CASHIER 07 $10.00 $10.00 $11.00 . . CONCURRENCE for JASPER MEADOWS SEVENTH ADDITION Whereas U:S. BankNationalAssoeialion, is the beneficiary of a Deed ofTrost dated June 6, 2008 held against the lands described inExhibit "A" attached hereto and made a partbereof; which DeedofTrost was recotded in Lane County Oregon Official Records June 16, 2008 at Recorder's Nwnber 2008- 033736 in the Official Records of Lane County, Stale of Oregon. Whereas Hayden Homes, LLC, desires to recorda Subdivision Plat creating 46 buildable lots. , Knowallmenbythese presents that U.S. BankNationalAssociation, bereby concUIS with theplattingand recording ofsaid Plat as said p~at divides said lands. "t,.f1. . '. Dated this 0( day of. ' 2008. ~~~. pn:.NIm:~Ld ~~ Title: \!f. ~ ~. , ACKNOWLEDGMENT RECEIVEC APR 3 2009 JASPER MEADOWS SEVENTH ADDITION CONCURRENCE TO PLATTING Page I of2 By: ..., ...1 . " EXHIBIT "A" ., JASPER MEADOWS SEVENTH ADDmON ,LEGAL DES~AU "ON (fax Map 18-02-03-33 Tax Lot 101) SITUATED IN LANE COUNTY, STATE OF OREGON IN TIlE SOlTfHWESTl/4 OF SECTION 3 AND TIlE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 18 SOUTIJ, RANGE 2 WEST OF TIlE WlLLAMETIE MERIDIAN AND DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL I OF LAND PARTITION PLAT NO. 99-1'1279 AS PLA TIED AND FILED AUGUST 17, 1999 IN LANE COUNTY OREGON LAND PARTITION PLAT RECORDS AND FILED AS COUNTY SURVEY FILENO. 36134 IN THE OFFICE OF THE LANE COUNTY SURVEYOR. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGlNN1NG ATTIIE SOUTHEAST CORNER OF LOT 226 OF "JASPER MEADOWS SIXTH ADDmON" AS PLA TIED AND RECORDEDOCTOBER4,2007IN THE PLAT RECORDS OF LANECOUNTY, STATE OF OREGON, WHICH POINT LIES ONTHEWESTMARGIN OF THE BOB STRAUB PARKWAY (A 200.l4-FOOT WIDE RIGHT-OF-WAY) AS SAID RIGHT -OF- WA Y WAS DEDICATED TO LANECOUNTYBY THAT CERTAIN DEDICATION OF PUBLIC ROADEASEMENTTHATWASRECORDEDJUL Y 18.2007 ATRECORDER'SNUMBER2007- 048812 IN TIlE OFFICIAL RECORDS OF LANE COUNTY, STATE OF OREGON; THENCE, LEAVING SAID POINT OF BEGlNN1NG At'ID ALONG SAID '>VEST MARGIN, THE FOLLOWING ONE (I) NUMBERED COURSE: (1) SOUTH 08'13' 07" EAST S4O.00 FEET TO A POINT; THENCE, LEAVING SAID WEST MARGIN ALONG THE FOLLOWING SIX (6) NUMBERED COURSES: (2) SOUTIf 81' 4S' 27" WEST 118.24 FEET; (3) SOUTIf SI'. 00' 24" EAST 10.00 FEET TO A POINTOFNON-TANGENTCURV ATIJRE TO THE RlGHT; (4) ALONG SAlDNON-TANGENTCURV ATIJRETOTHERlGHTHA VING A RADIUS CENTER THATLIES NORTIJ47' 43' 37" WESTISI.22FEET,ACENTRALANGLEOF47'10'2S" AND A LONG CHORD OF SOUTIf 6S' SI' 36" WEST 121.02 FEET, AN ARC LENGTIJ OF 124.50 FEETTP A POINT OF TANGENT LINE; (S) ALONG SAID TANGENT LINE, SOUTIJ 89' 26' 49" WEST 324.52 FEET; (6) LEAVING SAID TANGENT LINE, SOUTIf 00' 33' II" EAST S9.92 FEET; AND (7) SOUTH 89 26' 49" WEST 190.62 FEET TO TIlE SOUTHERLY TERMINUS OF THAT CERTAIN SOUTHEAST LINE OF "TRACT A" OF SAID "JASPER MEADOWS SIXTH ADDmON" THAT HAS A BEARING AND DISTANCE OF NORTIJ 28' 09' 48" EAST 72.10 FEET; THENCE, ALONG SAID SOUTHEAST LINE AND THE GENERAL SOUTHERL YLlNES OF SAID "JASPER MEADOWS'SIXTH ADDITION". THE FOLLOWING SEVENTEEN (17) NUMBERED COURSES: (8)NORTIJ28' 09'48"EAST72.10FEET;(9) NORTH 48' SO'20.EAST 90.00 FEET TO A POINT OF NON-TANGENT CURVATURE TO THE RIGHT; (10) ALONG SAIDNON.TANGENTCURVATURE TO THE RIGHT, HAVlNGARADIUS '-"" 1"11. THAT LIES NORTIJ48' SO'20" EAST 120.00 FEET. A CENTRAL ANGLE OF23' 2S' 09" AND A LONG CHORD OF NORTIJ 29' 27' OS" WEST 48.71 FEET, AN ARC LENGTH OF 49.0S FEET TO A POINT OF NON-TANGENT LINE; (II) ALONG SAIDNON-TANGENTLINE, NORTH 72' IS' 29" EAST 40.00 FEET TO A POINT OF NON-TANGENT CURVATIJRE TO THE RlGHT;(12) ALONG SAID NON- T ANGENTCURV ATIJRE TO THERlGHT;HA VlNG ARADIUS CENTER THATLlESNORTIJ72'IS'29" EAST80.ooFEET,ACENTRALANGLE OF 17'1 t' 19" AND A LONG CHORD OFNORTIJ 09' 08' SI" WEST23.91 FEET, AN ARC LENGTIJ OF 24.00 FEET TO A POINT OF TANGENT LINE; (13) ALONG SAID TANGENT LINE, NORTH 00' 33' 11" WEST I 0.00 FEET; (14) LEAVING SAID T ANGENTLINE,NORTIJ 89' 26' 49" EAST 66.90 FEET; (IS) NORTH 00' 33'] I" WEST 130.00 FEET; (16) SOUTIf 89' 26' 49" WEST 7.18 FEET; (17) NORTH 00' 33' II" WEST 180.00 FEET; (18) NORTIJ 89' 26' 49"EASTS.28 FEET; (19) NORTIJ 00' 33' II" WEST ISO.OO FEET; (20)NORTH 89' 26'49" EAST333.16 FEET; (21) NORTH81' 45' 27" EAST 50.00 FEET; (22) SOUTH 08'14'33" EAST IS.IOFEETTO A POINT OF TANGENT CURV ATIJRETO THE RIGHT; (23)ALONG SAlDTANGENTCURV ATIJRE TO THE RIGHT. HAVING ARADIUSCENTER THAT LIES SOUTIf 81' 4S'27" WEST 12S.00FEET,ACENTRAL ANGLEOF4'16'21" ANDALONGCHORDOFSOUTIJ06' 06'22" EAST 9.32 FEET, AN ARC LENGTIJ OF 9.32 FEET TO A POINT OF NON-TANGENT LINE; AND (24) ALONG SAID NON- TANGENTLlNENORTIJ 81' 4S'27" EAST 99.68 FEET RETURNING TO THE POINT OF BEGlNN1NG. EXCEPTING THEREFROM ANY PORTION THAT LIES WITHIN MINERAL WAY, MICA STREET, ORCHARD WAY, SOUTIf 57TI1 PLACE, AND SOUTIf 58TH STREET AS SAID STREETS CONTAIN 87,S84 SQUARE FEET (2.01 ACRES) MORE OR LESS AND WERE DEDICATED TO TIlE CITY OFSPRlNGFIEID FOR PUBLIC ROAD PURim: CERTAIN BARGAIN AND SALE DEED THAT WAS RECORDEDJANU .. '~~8~ IVED' RECORDER'S NUMBER 2008-004608 IN THE OFFICIAL RECORDS OF CO~ .' STATE OF OREGON. . . JASPER MEADOWS SEVENTH ADDITION CONCURRENCE TO PLATTING Page20f2 APR 3 2009 By: