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Home My WebLink AboutApplication APPLICANT 5/14/2009 . , ( ;City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision. .~4'11 J " Applicant Name: Companv: Phone: ~4S- ~4C(1, IFax: "Iiyc$"" Address: L-\l.o w. 2S~ .~e..-..L. 7\~ - Applicant's Rep.: M""'.Il"'- \(.vvS-. L.. Phone: ~~k. - 421 , Icompanv: ~'<'U..c;. ~ ,) J ~,,=d,~') Fax: L/ 16 4 - ttb ~ I IAddress: bDI t-\vuJ '1"'1 No~ Jh...f!^LI. DR. q-74d IPropertv Owner: <Sl,"",-,> 6J. U(flt,.....::t Phone: Icompanv: Fax: I ,Address: ASSESSOR'S MAP NO: Il-Cll.- 1,\ -2.4 ITAX LOT NOeS): 27-:. 00 ,IPropertv Address: L. 0) ~ 1 r-~ S-t..uk S_~~__'blA. Nl I ' \ U , Size of ProDertv: (). ~, Acres 6ZJ . I Proposed Name of Subdivision: tlt4- , Cr'llf'1 p., Sauare Feet D I Description of . If you ~~ filling in this fonn by hand, please attac~ your proposal description to this application. Proposal: -6 LJiA... Ou.- \~c.\ \<"0+ ,A-h. '2 l<u.J. t,:;\-<, IExistina Use: (("...:.~~....\ I Tentative Case #:~'1.cc~ -~col{\ 1# of Lots/Parcels: .1. lAva. Lot/Parcel Size: b 4 b'7, sf I Densitv: 10.74. du/acre Si natures: Please si nand rint our name and date in the a ro riate box on the next '. . Associated Applications: Ipre-sub Case No.: PRE:/JJoq- 00003 Date: Icase No.: 511 rU.j)()q .... ~ In I ( Date: S II f /0 q Reviewed by: "A' ~ J IAPPlication Fe~:'$ :J.Jo 77 ~ ITechnical Fe~: $ , /33. g5 IPostaqe Fee: $0 ITOTAL FEES: $ J..,g I D, gS I PROJECT NUMBER: PfU2003- 00051 , Date Received: Reviewed bv: Revised 1/1/08 Molly Markarian 1 of 6 MAY 1 4 2009 Original Submittal ~r"""-' /. , , ~wner Signatures . This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. '- Pre-Submittal.... The undersJ~~ wleclges that the information in this-a plication is correct and accurate for scheduling of the Pre- Submittal Meeting. Owner: S~ Print Submittal Date: ~" I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the.infonnation identified by the City as necessary for processing the application Is provided, herein or the infonnation will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the infonnation as submitted. This statement serves as written notice pursuant to the requirementS of ORS 227.178 pertaining to a complete application. Owner: (1 -P"~ S~:~ -f. ~A GS5 .Print - I Revised 1/1/08 Molly"Markarian Date: 6~/'I-Q1 , Date Received: MAY 1 4 2009 Original Submittal 20f6 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone Job/Journal Number SUB2009-000 II SUB2009-000 II Payments: TYIJC of Payment Check cRccciml RECEIPT #: Description ,CTY Partition Plat + 5% Technology Fee Paid By GARY CROSS ~P,.""NQ','BLOiri," '. ,ft. T. .. IlL- . -::ity of Springfield Official Receipt Developme'!t Services Department Publie Works Department 2200900000000000529 Date: 05/14/2009 I :55:27PM Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 2,677.00 133,85 $2,8 H1.85 Amount Paid emm 1467 $2,810,85 $2,8 I 0.85 In Person Payment Total: Date Received: MAY 1 4 2009 Original SubmittaJ Page I of I 5114/2009 Ul Cl Z N <'l !n Cl Z N <'l r \..11 t OF SPRINGFIELD VICINITY MAP SUB2009-00011 603 33rd Street (j) 0: <'l <'l EST !n J: f- ~ ~ll~ Map 17-02-31-24 E Tax Lot 2300 North + I II II Date Received: MAY I 4 2009 Original Submittal " A ~ ~ ~~ I ~Y~rg{~~ , TITLE INSURANCE SERVICES . ESCROW CLOSINGS 625 COUNTRY CLUB RD. . EUGENE, OR 97401 P.O. BOX 10211 . EUGENE, OR 97440 PHONE: 541.687.9794 fAX: 541.687.0924 1651 CENTENNIAL BLVD. . SPRINGfIELD, OR 97477 P.O. BOX 931 . SPRINGfIELD, OR 97477 PHONE: 541.741.1981 fAX: 541.741.0619 May 11, 2009 Our Order No.: ELT-55877 Gary Cross 603 33rd Street Springfield, Oregon 97478 I I : 2nd SUPPLEMENTAL TITLE REPORT I Estimated Premium for: PARTIAL BILLING $200.00 TOTAL $200.00 Dear Gary: , I , We are prepared to issue ~n request and on recording of the 8"".u".:ate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary report. , LEGAL DESCRIPrION: , ! Lot 77, OLD WINDMILL TRACT, as platted and recorded in Book 13, Page 24, Lane County Oregon Plat Records. in Lane County, Oregon. I Showing fee simple title as of May 5,2009, at 8:00 am., vested in: I I GARY P. CROSS I Subject only to the exceptions shown herein and to the tenDS, conditions and exceptions contained in the policy fohn. No liability is assumed until a full premium has been paid. CONTINUED '''IN OUR BUSINESS, YOU MATTER MOST" WWW.E..;..6..;..;..nlandtitle.com Date Received: MAY 1 4 2009 Original Submittf'1 ~ ELT - 55877 Page 2 SCHEDULE B GENERAL EXCEPTIONS I. 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 not 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 could be ascertained by an inspection of the land or by making inquiry of persons in 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 land), 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 furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS 6. Taxes, Map No. 17-02-31-24-02300, Code 19-00, Account No. 0119634, 2008-2009, a lien in the original amount of$988.97, of which $329.66, is unpaid. 7. Covenants, Conditions, and Restrictions, but omitting restrictions, if any, based on race, color, religion or national origin, imposed by instrument, including the terms and provisions thereof, Recorded July 17, 1947, Volume 351, Page 621, Reception No. 44233, Lane County Oregon Records. 8. Public Utility Easement as shown on the recorded plat. 9. Easement, granted to City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, including the terms and provisions thereot; by instrument Recorded September 27, 1984, Reception No. 84-38344, Lane County Oregon Records. CONTINUED Date Received: MAY 1 4 2009 Original Submittal ~ ELT - 55877 Page 3 10. Deed of Trust, including the teims and provisions thereof, executed by Gary P Cross, as G..,...u.~s), to Evergreen Land Title Company, as Trustee, for the benefit of Washington Mutual Bank, FA, a federal association, which is organized and existing under the laws of Washington State, as Beneficiary, Dated August 25, 2005, Recorded August 30. 2005, Reception No. 2005-068309, Official Records of Lane County, Oregon, given to secure payment of a Note for $85,500.00. NOTE: The address of the property to be insured herein is: 603 33RD STREET, SPRINGFIELD. OREGON 97478. NOTE: A JUDGEMENTILIENIBANKRUPTCY SEARCH was done for the name(s) GARY P. CROSS, and as of May 5, 2009, none were found. NOTE: As of May 5,2009, there are no liens for the City of Springfield. NOTE: SUPPLEMENTED TO UPDATE REPORT. Very truly yours, EVERGREEN LAND TITLE COMPANY :ME;:j;; Wid. Jeffiey K. Walker Advisory Title Officer CC: Krush & Associates Attn: Marv Krush (email: krushandassociates@yahoo.com) Attn: Aaron (emaiI) NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON TIlE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Date Received: MAY 1 ~ 2009 ! i .1 I I Original Submittal THIS l'1A? IS TO ASSIST LOCATING PROPERlY THE COMPANY ASSUMES NO lIABIlfTY FOR INACCURACIES N OOURlES' OF W+ E EmlGRlIN lANO!1TlE CO, S 741-1981 I':' ::s '>.. ~o I '''C' _ .;op_ fo' '5300 ~ ~~ . . ~ *-. ~ " //8' , 5400 92 /..S' r'.A"".Itt:I..~ 5500 93 ....8' 5600 94 1"/.1' 5700 95 N,B' o ... 6' 5' "'Ann C ~ 3: Q) ~ (j) _ ;0 ~ CD o ~ CD fa ~. a. (J) co 0- 3 ~ .- m ,- j ! -t 89 1/,9' 5000 0 ll: 88 Ifl .....g' \<l 4900 87 118' 1- i I "'- -, ~-: 1402 : ~0:20-Ac, rt) !"" ,,'tIMH 0.23 /IC.. I m 86')1 so. rr. '-'" ~ ~ lOl66pCL'" ',T.: ~ PeL 2 ~ .,g: . I ,.. ~ >-~: 58 ',~o~~,:. I. I (~~ -~L rru-", ~..,< '-W .' S"-. '44'06"'" 17, '7' . ~1J9.e'c ~ ~ 610' ... Z...,501' 1500 1502 ~ Z.. 1I .' ~. . ~ & 8 -z ~ at> ~ , ~ "iii ~..' 596., 1'''60' s.eq.4Sw ft\ A '? 2200 2 76 1201 1202 ,p.p' ~'... tJl.'e., ~ I (1-1# Sol .. 230~~ 63.~' ~ · 77 ~. 'E' Ii 'Z$' ., ~ ...4<,,' 2400 ....... ~.&.~.2i~'E. . I .. ., "....,... ~ .., 1It.())." ~ ~ f-ffle "'&0' : OJ9J'=@(l I f~. I~ /.: \v i ' ~ / { I ~. "\ '(\ Y, ~ 2600 -s.w. COR:L I I E.S.E. CO~ L. COMEGys D.L.C. 58 D.L.~ 81 ' 47 46 80. ~' v ,.. . f. 60' 65' 78 2500 79 '20 /7-01- -~/-;2'1 . E '"'" .J:l.O.<'\ I _ Ul7\T ~ ~ ~J\ \)p ~ JA I~ I~' I -E I.... I~ 45 44 -, L RANDY COMPl'ON P.O. BOX 441 SPRlNGnELD, OR 97477 d .-Gnmtor'. Ncu.... Addre:a <3 GARY P. CROSS ~ 460 W. 25th I: Eugene, OR '97405 GniDI:et" rtlaH ad AddnsI ~ ~cmN'LAND TITLE CO. ~ P.O. BOX 931 ~GnELD.....OR 97477 tJaw . dl8Rp It reqaated, dIU SCdaDad:J SZIlIU Ibe 15..........--. ;::; SAME AS GRANTEE , Diyision of Chi.' Deputy Clerk Lane Coun~y _ ond Records m-068JO! ' $1.6. 00 ~ a! TlTlB NO. ELT...a516 F2' ESCROW NO. SPGS-18300 ~ TAX ACer. NO. 01lJ634 MAPNO. .7...0z.31...uG13OO ~mll mllllllllmllll~lmmlllllm 1l073141.....",..a3080II111810 08/30/2005 02:44:~ PrI RPR-DEED Cn~=l S~n=4 CASHIER 02 $5.00511.00 510.00 WAIUlANTY DEED - STAnrroRY FORM (INDIVIDUAL OR CORPORA nON) KNOW AlLMKN BY THESE PRBSBNTS, TIu1I RANDY COMPl'ON hertinaft<r tolhd grunt." I.r .h. _11IIio. h...inoftrr Sblttd, to Imnl.' poid bJ GARY P. CROSS hetd1uifIutolhd grrmtU, dou /wWJ 'grunt, bargain, IIll and ....,., unto ,h,,1JiJI grtDIU' and grunt,,'s htin, succlSSIJnandlUSigru,lhDt wtGin ruslp,vp,rq, with rhI/VW11n1J1, luml_and "",_...._<usthtmurl. bd..gin, .rapJlfrflllnin" _td in ,Iu CoIUll] .,UNE and SiDl< ./Oregon, dt""ribtd ",,'.U.ws, /(>owil: Lot 71, OW WINDMILL mAcr, as platted and....-lu Boot 13, Page 24, Lane CouDty Crego. Plat_, 10 Laue Coooly, Otegv.. To il4rf tuUl to Ho14 the sanre GIttO the mid gnzntu and grrmtu'6 hein, mecentlTS tmd align' /orner. And said granlOr hue'" eortllQllU to and with mid grantll and grrmtu'. htin. m,cusorl and auignJ, duzz grantor is Iawftdl1 stizd in I.. limpll.1 rhI tJbtm grunttd p,,-''''t frum Dll tII<llIltbnm<fs uctpl ~ 2005-2006 &all'toptrq TIUts, . lit. ... yd dru .r pII]<lblt. Sub}<<'I. 0IrJ and Dll...tm<DlS, mtridIon, and c......,s .,....ni and,,,., prmIOr willwommt andl.rnrr dVtnd rhI sokl pmtrUa and...., pott and ptll'Cu th....I.goInst'lu lawful cltdms and demtuub oj all pD'SfJIU Wht1l1UDf'PeT, uupt thou dDbning UIItk,. thl abort dncribd ,ncumb1G1lcu. Tht'nlt and oauol cOJUidtl1llio. poidl.' this 'nmslrr, stottd in rums., d.l/on, is $ 95,000.00. *HOwnlTJ 1M tu:tuDl consi4mItion consistJ 01 or indudtJ odtu proptTt1 or wd", girm or promised whkh is (the wlwltlpott ofrhl) consid.mtIon I/ndi<<IU whidJ).' tn< ..DltDe. bmttm tht "mbols', if not oppIkoblt should II< dtltttd. s.. ORB 91.030.) 1. c._, this dt~ ond wh... tht ..DIm to ..quirts, tht singu/or includt, ,h. ploro/.nd 011 grrrmmotl<oI chonl" sJuzJI btimplUdto -. rhIprorisioru tun.,opp/J .fJIIDlI1to ""'" "..." Jand,. f11<f11>Iduob. t1 _ J.- 'I! y_.... Whu-tot. tht grrmtor Iuu "'<CUItd this /nstnImmI this ()P'; TY' do} ., ~ u"S I . 20.J!2; if. c..,.""t gmnlor, illuu coustd its """" t. bt sI,..d and ...! of/ixtd by il, ./fie.,., dul).duthoriwllkt..,. bJ.ttltr., its _., direct.n. TBlSINSI'lWMBNI'WlLLNOT ALLOWUSBOPTBE.~........-.... _..._____ INTBI9INS'1'1WME1'n' IN VIOLATION OF APPLICABLE LAND usa LAWS AND REGULATIONS. ~RB,Si:GNJNG OR ACCEPTING TIDS INSI'RUMBNT, TOR PERSON ACQUIRING FER mLB TO TBK PROI'BRTY SBOULDCHECK WIrH ToE ArraOI'RlATE CITY OR COUNTY PlANNING DEPARTMENT TO VBlUPY APPROVED US&9 0,..... .......'-l.~ON'4.WSmn AOAJNS1' FAItMINO ORIURBSTPRACTlCD ASDEPJNP.D moRS 30330. / J:;-~~ ......,. ~ ... Mr.". '5Y 75,. 05. BY RANDV COMPI'ON ;;1""''<;.-00 ED BEFORE ME ON ....... ._-~,"":.::.::'- ~ n~~ ~IIYS-~~a: - .....,-.""', Date Received: MAY 1 4 2009 Original Submittal ';.'" ( IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfield, hElreinafter referred to as City, and Gary P. Cross , hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows: 1. Applicant(s) warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 below and,as owner, has the authority to enter into this Improvement Agreement with the City of Springfield. 2. Applicant(s) desires Development Approval from the City with respect to the following Development Application SUB2008-00041 ' 3. The development will cause both an immediate and long-term demand on the various public facilities of City and Lane County including the specific public improvements necessitated by the development as set forth in paragraph 6. 4. This Improvement Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public improvement that the development necessitates. The objective is to promote efficiency, coordination, and spread costs by providing an opportunity for a district wide improvement mechanism where construction occurs in a coordinated project with the participation of adjacent and other properties in the area, instead of requiring immediate improvement in conjunction with each development application. There is , no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require construction of the improvements in the future at City discretion. 5. (a) Applicant and City agree that Applicant will pay the cost of the following public facility improvements described in Paragraph 6 in accordance with respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements. , (b) Applicant and City acknowledge and agree that the cost of such impnlvements and the portion thereof to be paid by Applicant are presently unknown 'and may be greater than the costs that would be apportioned, if the improvements were constructed immediately or by Applicant now or later. . (c) Applicant acknowledges that the timing of the construction of such improvements is within the sole and exclusive direction of the City. 6. (a) STREET IMPROVEMENTS along the frontage of 33rd Street to include: i:8:I surface paving; D storm sewers; U sanitary sewers; ~ curbs; . i:8:I gutters; D planter strips; D street trees; i:8:I street lights; i:8:I sidewalks. (b) TRAFFIC SIGNALS at the intersection of' (c) OTHER IMPROVEMENTS (Bar Code Sticker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBUC WORKS DEPARTMENT .,- 225 FI~H j;TijIi;ET - SP.RJtllGFIELD OR 974n uate t'(ecelvea, , , ' A:\071Cl.-.... .. . " ,,-,,'" ,. doc MAY 1 4 2009 REVISED August, 2007 Original Submltiai " Applicant acknowledges that the list of mar1<ed improvements reflect those th;st would currently be required under the appropriate City codes and ordinances. Applicant acknowledges that it understands that the improvements made will be those required to . bring the street to full urban standards for the then current functionalclassificatil)n of the street as those standards exist at the time the improvements are made and may, therefore, differ from the list of improvements checked herein. 7. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Parcel 1 Property Address: Tax Map & Lot No.: 17-02-31-24 #2300 603 33rd Street 8. City agrees that Applicanfs execution and performance of the terms of the Agreement will be deemed to be in compliance with City's policy pertaining to improvement requirements, and if Applicant complies in every respect with all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth therein. 9. This agreement is enforceable by the State of Oregon, Lane County or City. 10. APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof, if the same shall appear to the Applicant to bear inequitably or unfair upon said property of Applicant. Applicant's acceptance of the non-remonstrance condition is inconsideration for the City's waiver of the requirement for the immediate construction of the public improvements that the development necessitates. This improvement agreement waives the property owner's right to file a written remonstration. It does not waive a property owner's right to comment on the proposed district or any related matters orally or in writing. 11. It is the intention of the parties hereto that the covenants herein contained shall run ' with'the land herein described, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded in the Lane County Deed Records. ' NOTICE TO APPLICANTlPROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of this property, you are advised to discuss this Agreement with an Attomey of your choice. Execution and recordation of this Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property described in Section 7 and their heirs, successors and assigns. These requirements include but are not limited to ,the payment for the public improvements described in Section 6. This may result in an assessment lien on the Real Property described in Section 7 and significant costs to the Owner and Purchasers, and their heirs, successors and assigns. An Applicanfs signatur<~ on this Agreement indicates that the Applicant has thoroughly read this Agreement, understands it, has had the opportunity to consult legal counsel prior to its execution, and understands that execution of the Agreement may result in significant financial obligations imposed upon .the Owner of the Real Property. Any prospective Purchaser of the property burdened by this Improvement Agreement should also thoroughly review this Agreement, consult with legal counsel prior to purchasing the prOpE!rty, and understand that this Agreement may result in a significant financial obligation imposed upon any Owner of the Real Property described in SectioDt7. R . d ua e ecelve:, A:\0710A2.. '.' , , . . . "doc MAY 1 4 2009 REVI~iEO August, 2007 Original Submittal " :.. . IU~ WHEREFORE, the parties have hereunto set their hand this -. day of fv\ 'j, ' 20~. SIGNATURE(SIt:C~ of 'C PRINT NAME(S~ f.1 C1'<.!,.,> STATE OF OREGON } COUNTY OF Lane 58 ,,(h.. BE IT REMEMBERED that on this~ day of M~ ,2009 before me, the undersigned, a notary public in and for said C~nty and State, p.~rsonally appeared the within named Garv P. CroSs whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. : . ~~ '1 Notary PUDlic for Oregon.r--- , ~~ '3 ''201\ My Co'm~ission Expifes , . OFFICIAL SEAL AARON M ZEH ,- NOTARY PU8L1C. OREGON COMMISSiON NO. 420885 !IN COMMISS!ON EXPIRES SEPT 3. 2011 , CITY OF SPRINGFIELD Reviewed and approved By Development Services Department, Planning Division (No notary required) , Accepted by Dennis P. Ernst - City Surveyor STATE OF OREGON } COUNTY OF 88 BE IT REMEMBERED that on this day of ,2009 _before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Dennis P. Ernst whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrum.~nt and acknowledged to me that he executed the same freely and voluntarily , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ' Notary Public for Oregon My Commission Expires Date Received: A:\D7100e.L..,.. _ doc MAY 1 4 2009 REVISED August, 2007 Original Submitiai