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HomeMy WebLinkAboutLegal Miscellaneous 1999-2-5 ~ .' LANE COllNTY DEEDS & RECORDS REC 15.00 PFUND 10.00 TOTAL 25.00 , CHECK 25.00 tt049 FEE:. 05'99 NQ3589 11:01 1102 99010965- . DECLARATION OF RESTRICTIVE COVENANT Bart Bardwell and Curtis R, Irving, are the Owners of the following described real property situated in the City of Springfield, County of Lane, State of Oregon: e, \~ Lot 6, Frederic plat, as platted and recorded in Book 4, page 67, Lane County, Oregon Plat Records, in Lane County, Oregon. Except the west 100 feet thereof. Owners have requested the issuance of a building permit by the city of springfield to allow completion of the "South units" which comprise the southerly 5,280 square feet of the owners lease building at(406l Main Street, which is on the real property more particularly described and set forth above; and, Owners represent to City and Owners and City agree on the following existing factual circumstances: a, The lease tenant Media Services, being classified as office use by the city, is required a minimum of one parking space per 300 square feet of gross leasable area by the City Development Code, which equates to a minimum of 18 parking spaces; and b, Only 21 parking spaces were initially provided for,the entire building as required by the City Development Code, based on an anticipated retail use of the northerly 2332 square feet, and warehouse use for the remaining 7755 square feet of the subject building; and c, Insufficient parking is available for the "North Units" which comprise the remaining 4807 square feet of gross leasable area within the building. Now therefore in consideration for the issuance of a Building Permit by the City of Springfield which allows completion of the South Units the Owners and city hereby declare and agree as follows: 1. Owners Reauirements. ~~~FEB.05'99n02REC ~~~FEB.05'99n02PFUND 15.00 10_00 a. Owners will assign 18 paved and approved parking spaces to the "South units: for use by Media Services. b, Owners will apply for rezoning on the adjacent property to the south for additional parking that will bring the property described above into compliance with City of Springfield parking requirements, RO:T'ORN 10: BU/<..D"v6 Dtrpr"C,-ry .f'~P~'AJ6F'E:LO -22, F'F,II 1>" 5?/l/N~FlcLO) OR.~6o/IJ t:f7477 . . 99010965 c. Owners will pave any additional parking required pursuant to site Plan approval by the City of Springfield, d, Owners will not apply for any building permits on the "North Units" until such additional parking is approved by the city, 2. city of Snrinafield Reauirements: The City of Springfield will not issue any permits or allow any occupancy for the "North Units" until the parking requirements for the entire building have been resolved, and the building owners have approval in writing from the city of Springfield to release of this restriction, 3, Run with the Land. Terms and conditions of this Restrictive Covenant will run with the land and be binding upon the heirs, successors and assigns of the Owners, 4, Notice, Owners shall provide a copy of this Declaration to all potential occupants and Lessees of the "North Building", 5. city Enforcement Authoritv, The terms and conditions of this Restrictive Covenant shall remain in full force and effect until released by the city of Springfield, -~~_/ Bart 5:dwell , ~. Curtis R. Irving /1 ~----- 72~~ '~~a~f~~ *** NOTARIES TO FOLLOW ON NEXT PAGE *** . . 99010965 . STATE OF OREGON ss County of Lane IN WITNESS WHEREOF, that on this~ day of ~Af~~,~ 1999, personally appeared before, me the above named BART I BARDWELL who acknowledged t e fore oing instrument to be his voluntary act, If" , , : . OFFICIAL SEAL , SUSAN G MROCZKO \ "NOTARY PUBLIC. OREGON No " ' COMMISSION NO. 305240 , MY IlOMMISSlON EXPIRES OCT. 10, :!OOl, My -...; STATE OF OREGON ss County of Lane IN WITNESS WHEREOF, that on this ~ day of~JlL/d~ 1999, personally appeared before, me the above named CURTIS/R, IRVING who acknowledged the ore ing instrument to be his voluntary act, , ~ . OFFICIAL SEAL . SUSAN G MROCZKO ' , 'NOTARY' PUBLIC. OREGON \" ,." COMMISSION NO, 305240 Not ublic for Oregon ' MYIlOMMISSIONEXPIRESQCT,10,2001,lMY Commission Expires: JO-/PdDO! STATE OF OREGON ss County of Lane IN WITNESS WHEREOF, that on this z6-r1/ day of ~}... 0<"_, 1999, personally appeared before, me the above named LA",....,/: DLE~~/<L of the City of Springfield, Oregon who acknowledged the foregoing instrument to b;()~::~t, Notary Public' for Oregon My Commission Expires :.A/.I<..I<'" 24 W~ N c ..... ~ OFFICIAL SEAL -0.:2 .. DENNIS P ERNST ..... .~.~ ;a ..... . NOTARY PUBLIC. OREGON tllll>"E E " ,,' COMMISSION NO, 052B16 -5-58 "" . ". " MY COMMISSION IXI'iRI! 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