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HomeMy WebLinkAboutApplication APPLICANT 9/8/2009 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision , .. . Partition Plat Pre-Submittal: Partition Plat Submittal: .'. Applicant Name: David Nowak Icompanv: IAddress: 5729 Main St. PMB 239, Springfield, OR 97478 hft'"1f/r4-, ..~w .- ,.,.-_-.... "~_i~_"_ ,....':,.:,.::.:::F~">wSW~>>*:A';.~"~~,~ IAPPlicant's Rep.: Dan Nelson, LSI . Icompanv: Branch Engineering, Inc. I Address: I'_'",C,,~:-"-""-" . ...,,_.~ -~:'.-.,_-.~,__""'-y.. ..._c_.~. ''<I'-'~~'_.,~- I Property Owner: same as applicant Icompanv: IAddress: I _' -," ,:'<<<0<' ,,--~ .._# .. ~ ,""~..v- ~:;".""--""; .,,""..~- . .... 'lb:i.~-..,::;;!<<;"....:,.'- , ., ~~-<<-= ,'~d.:It't,;",;;;.{;..; ,i'-. ~,. ":.""::..lli"'.l>.~ ,,,-;->:'- s~F<>'!" a '-,n'us~'~ IASSESSOR'S MAP NO: 17-02.32.43 ITAX LOT NO(S): 6802 . I Property Address: 441 S. 47th St. Springfield, OR 97478 Original Submittal ISize of Property: 15348 Acres 0 Square Feet I Proposed Name of Subdivision: nla I",t.._._.,..,,,,, .~ .L.'",-,,,,,,-'~ ,~,.",-~ Phone: 521-9933 Fax: 'l'~~&'. "",0 ;-': ~..':~.'..A",.~ , '!'''Ii-o;(;_'''''!('''~-' Phone: 746.0637 Fax: 746-0389 , -_.",,*_.~.~, ...,.~:A,..::.""-,,~.,., >m'."l&[:~h:.:"'" -....,... !IL._.. \l""",':.:i_i'1t'....:..,... Phone: Fax: Cate-Reccivod: _ ~'lII'."_",,,_~~.__!*rJrf:~ I Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: To divide an existin.g parcel into two parcels .'?<f'I"2L..._r*^''''''' I ~ j . ..1 I I 1 Existinq Use: residential 1# of Lots/Parcels: 2 Si natures: Please si nand I Tentative Case #': SUB2008-00040 IAvg. Lot/Parcel Size; 7791 sf I Densitv: 6 du/acre rint our name and date in the a ro riate box on the next a e. , ,. ~ Associated Applications: . <:"'v.J ,7 ~Jl _ E)JI..PO /' (\ StIJ)Z<sQL _ m\&L T<qJ r0'17' , "'" Ub UUi', 7' L - ), _ .c,~<lO..r An~ '" rccU:,J;S ",,, ".1(- ~ 1.- Pre-Sub Case No.: 'i\c2t?l"1 . &3:>2..-< Date: Reviewed by: Icase No.: '5J.x<., '2609. ~()&.JI CO Date: 9/5/ () Cj Reviewed by: --fvyc:... IAPplication Fee: $ '2k,-.:J-1- ITechnical Fee; $ I')}. g.S- Ipostage Fee: $0 ITOTAL FEES: $ '2- 8) Q, 6~ I PROJECT NUMBER: i?iRj l<D't, - f;Oo~c, F.':' Revised 1/1/08 Molly Markarian 1 of 6 Owner 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 undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre. Submittal Meeting. Owner: Date: Signature David Nowak Print Submittal 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 information identified by the City as necessary for processing the application 'is provided herein or the information'will not be provided if not otherwise contained'within the submittal, and the City may begin processing the application with the,information as submitted. 1QIS statement serves as written notice pursuant to the requIrements of ORS 227.178 pertaining to a owner:lT\lete a~PI'ron'1II /lll I Q _ 'rkJ{J4/J) "/ ~ Date: / J-0'7 Signature David Nowak Print Date Received: SEP - 8 2009 Original Submittal Revised 1/1/08 Molly Markarian 2 of 6 o Post Monumentation Deposit as required for subdivisions. only. City Survey Section has current fee schedule and templates. o Location of Any Floodways in accordance with SDC 3.3-400. o Existing Easements Clearly Identified with Their Recorded Reference. o New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right-of"Way. Land Division Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ~ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. ~ Land Division Plat Application Form ~ Two (2) Copies of the Deed ~ Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. ~ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. ~ Copy of the Mylar on Bond Paper ~ Original and Copy of all Required Documents with signatures where appropriate. Date Received: SEP - 8 2009 Original Submittal " Revised 1/1/08 Molly Markarian 6 of 6 225 Fifth Street Springfield, Oreg()n..97417.m 541-726-3759 Phone RECEIPT #: Job/Journal Number SUB2009-000 18 SUB2009-000 18 Description CTY Partition Plat + 5% Technology Fee Payments: Type of Payment Paid By Check DAVID M NOWAK cReceintl ~JJ~.~~..-.F1.~...1lU> .............. lit" . ; . .... ~'."'=-; "-. "" ~ ~. .' ',' ,".' . ,"".,"",.' ," .~. "''-'' C . of Springfield Official Receipt b~velopment Services Department Public W?rks Department 1200900000000001037 Date: 09/08/2009 Item Total: Check Number Authorization Received By Batch Number Number How Received tj 661 In Person Paym~nt Total: Date Received: SEP - 8 2009 Original SUbmittal Page 1 of I I;SI;14PM Amount Due 2,677.00 133.85 $2,810.85 Amount Paid $2,810.85 $2,810,85 9/8/2009 ~ .~ - " .'.-'.,.. 'After recordlni'f return tOl Order Number: 1~858 ../'-..-. Western nil...",,. 497 Oakway Road; Sultf! 340 Eugene, OR 97401 :~}.>t,;",;:.,~..j;~~rantU~Name{sn~~~f;~ David M. Nowek 5728 Main street Pmb 239 Springneld, OR 97478 Until a change Is requested, all tax statements: shall be sent to thi!l followlnn address:' . Same as Above F Division of Chief Deput.y CI....k Lane County Deeds and Recor-ds 200~J431~ \ $26.00 1111111111"""1111111111111111111111111111111" 01004718200800343740010015 05/19/2008 12:59:20 PM RPR-DEED Cnl=1 . Sln=6 CASHIER 07 $5.00$11.00 $10.00 STATUTORY WARRANTY DEED Reserved for Recorder's Use Todd J. MaV Grantor(s) convey and warrant to David M. Nowak, Grantee the following described real property free of encumbrances except as specifically set forth herein: Parcel 2, Land Partition Plat No. 2007-P2141, recorded June 29, 2007,Document No. 2007-044332, Official Records, In Lane County, Oregon. ' Account No(s): 1810538 Map/Tax Lot No(s): 1702324306802 This property Is free of encumbrances, EXCEPT: All those items of record, if 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 $70,000.00. (Here 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 5 TO 11 OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF. APPUCABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING 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 ESTABUSHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY UMITS 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 /1 day of Ju~08 aP/?/Y Todd J. Mvr P State of Oregon, County of Lane ) 55. ThIs .instrument was acknowledged before me on this 8ay of June, 2008 by ToddJ. May <....~ Notary Public for Oregon .~ _ OFF1CiAlSEAL DIANNE M SCHAFER NOTARY PUBLIC - OREGON '.,": COMMlSSIONNO.3B4883 M'!'C~!~O~.~ES_OCT,25,2008 . _ .. __ ~ ~ ___., 3~_~--........ Date Received: SEP - 8 2009 Original Submittal < '4 ~ Western Title&Escrow Western Title &. Escrow Company of Lane County . 497 Oakway Road, Suite 340 . Eugene, OR 97401 Office Phone: (541) 485-3588 Office Fax: (541) 485-3597 REVISION # 1 PUBLIC RECORDS REPORT FOR PARTITION PRIOR REPORT IS REVISED FOR THE FOLLOWING: To update the file. THIS REPORT IS FOR THE EXCLUSIVE USE OF: Branch Engineering, Inc. Attention: Renee Clough 310 5th Street Springfield, OR 97477 Date Received: Date Prepared: September 04, 2009 Report Number: 13532 Fee: $200.00 Local Government Lien Search: $15.00 SEP - S 2009 Orlglnal submittal CONDITIONS, STIPULATIONS AND DEFINITIONS (I) Definitions: (a) "Customer": The person or persons named or shown on this cover sheet. (b) "Effective date": The title plant date of August 31,2009. (c) "Land": The land described, specifically as by reference, in this public record report and improvements affixed thereto which by law constitute real property. (d) "Liens and encumbrances": Include taxes, mortgages, and deeds of trust, contracts, assignments, rights of way, easements, covenants, and other restrictions on title. (e) "Public records": Those records which by the laws of the State of Oregon impart constructive notice of matters relating to said land. (II) Liability of Western Title &. Escrow Company of Lane County: (a) THIS IS NOT A COMMITMENT TO ISSUE TITLE INSURANCE AND DOES NOT CONSTITUTE A POLICY OF TITLE INSURANCE. (b) The liability of Western Title &. Escrow Company of Lane County for errors or omissions in this public record report is limited to the amount of the fee paid by the customer, provided, however, that Western Title &. Escrow Company of Lane County has no liability in the event of no 'actual loss to the customer. . (c) No costs of defense, or prosecution of any action, is afforded to the customer. Public Rec~rds Report Page lof 4 ~ W es tern Title.&.Escrow . (d) 1. 2. 3. 4. 5. 6. 7. Report No. 13532 In any event, Western Title 8< Escrow Company of Lane County assumes no liability for loss or damage by reason of the following: 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. Any 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, encroachments, shortage in area, confiicts in boundary lines or any other facts which a survey would disclose. (i)Unpatented mining claims; (Ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights or claims or title to water. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of an improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at the effective date hereof. 8. Any governmental police power not excluded by (II)(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at the effective date hereof. 9. Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the customer. (III) Report Entire Contract: ,. Any rights or actions or rights of action that the customer may have or may bring against Western Title 8< Escrow Company of Lane County arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of Western Title 8< Escrow Company of Lane County. By accepting this form report, the customer acknowledges and agrees that the customer has been afforded the opportunity to purchase a title insurance policy but has elected to utilize this form of public record report and accepts the limitation of liability of Western Title 8< Escrow Company of Lane County as set forth herein. (IV) Fee: The fee charged for this Report does not include supplemental reports, updates or other additional services of Western Title 8< Escrow Company of Lane County. Page 20f 4 ~ Date Receiv"""'*"e 5 t er n . . . . .' ""V1V ,_. Title ~:Esc.row Public Records Report SEP - 8 2009 Original SubmittaL_ Report No. 13532 REPORT Report Number: 13532 Effective Date: August 31,2009 at 5:00 p.m. A. The land referred to in this public record report is located in the County of Lane, State of Oregon, and is described as follows: Parcel 2, La'nd Partition Plat No. 2007-P2141, recorded June 29, 2007, Document No. 2007- 044332, Official Records, in Lane County, Oregon. B. As of the effective date and according to the public records, we find title to the land apparently vested in: David M. Nowak C. And as of the effective date and according to the public records, the land is subject to the following liens and encumbrances, which are not necessarily shown in the order of priority: 1. 2009-2010 taxes a lien in an amount to be determined, but not yet payable. 2. Terms, provisions and conditions of easement, including but not limited to maintenance provisions contained in instrument Recorded: March 8, 2006 Document No.: 2006-015440, Lane County Records 3. Terms, provisions and conditions of easement, including but not limited to maintenance provisions contained in instrument Recorded: March 8, 2006 Document No.: 2006-015441, Lane County Records 4. Terms, provisions and conditions of easement, including but not limited to maintenance provisions contained in instrument Recorded: June 29, 2007 Document No.: 2007-044335, Lane County Records 5. Improvement Agreement including Notice of Potential Assessment Lien, between the City of Springfield and Garth B. White and Dannika D. White, including the terms and provisions thereof, . Dated: March 21, 2007 . Recorded: June 29, 2007 Document No.: 2007-044337, Lane County Records . 6. Easements, conditions, restrictions and notes as delineated on the recorded plat. Date Received: SEP - 8 2009 Original Submittal ~ We 5 te.r n Tille & Escrow Public Records Report . Page 3 of 4 . Note: Taxes paid in full for the year 2008-2009 Original Amount: '$698.11 Tax Lot No.: 17 02 32 43 06802 Account No.: 1810538, Code 01900 END OF REPORT Report No. 13532 Any questions concerning the Public Records Report should be directed to Jerrilyn Egger at 541- 431-3710, or email atj!.~O"er(Q)westerntitle.(..om~ r PubliC Records "ReP<:Ht Page 4 of' 4 Date Received: , SEP- 8 2009 Original Submittal ~ We 5 t ~ Tn Tille &Escrow Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield OR 97477 DECLARATION OF RESTRICTIONS BE IT KNOWN, that David M. Nowak does hereby declare restrictions over the following described property: SITUATED in the Southeast 1/4 of Section 32 in Township 17 South, Range 2 West of the Willamette Meridian in Lane County, State of Oregon and described as follows: BEING all of Parcels I and 2 of Land Partition Plat No. as platted and recorded in the Lane County Partition Plat Records in Lane County, Oregon. SAID RESTRICTIONS, unless otherwise authorized by the City of Springfield: I. Requires that the property owner of said Parcell shall construct an appropriate driveway crossing of the stormwater soakage trench as approved by the City of Springfield design standards. 2. Prior to issuance of Final Occupancy for a dwelling on Parcell, at least two paved off- street parking spaces shall be developed on the site. 3. Prior to issuance of Final Occupancy for a dwelling on Parcel 2, the driveway approach serving Parcell, Parcel 2 and Tax Lot 6900 shall be constructed to City of Springfield design standards. IN WITNESS WHEREOF, David M. Nowak has executed this Declaration of Restrictions on this 0"3 dayof (':'JJf'k-"7>k"- .2009. Cf<JMf) 1kJ. David M. Nowak ,--.-...-.--.--.---------.,.-. . '.- OFFICIAL SEAL Y! I " ANGELA ERWIN '1 I '.. / NOTARY PUBLIC. OREGON. Vi I...... COMMISSION NO. 421788 ('.' y~:~~!~S~O~ ~P~R~~':::..~~2~ 2~1 :."J There personally appeared before me the above named David M. Nowak who is known to me to be the identical individual who executed the foregoing instrument and does hereby acknowledge said instrument to be his voluntary act and deed. STATE OF OREGON ) )ss ) County of Lane Date Received: /d'2"~LL <;:~a~ - , Notary Public for Oregon My Commission Expires: q ,'}. b . O! 0 \ \ SEP -.8 2009 DECLARATION OF RESTRICTIONS Page 1 of 1 Original Submiltl'll / '. . ~: .,.~ Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 DECLARATION '" of JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT and JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT The true and actual consideration for this declaration is other than monetary. RECITALS: I) DAVID M. NOWAK, Declarant herein, is the owner of Parcels I and 2 of Land Partition Plat No. 2009-P as partitioned and recorded 2009 in the Land Partition Plat Records of Lane County, State of Oregon, 2) TAWNY A R. PRATT, Declarant herein, is the owner of Parcel I of Land Partition Plat Number2007.P2141 as partitioned and recorded June 29, 2007 in the Land Partition Plat Records of Lane County, State of Oregon. . 3) The owners desire to create easements and define maintenance responsibility on certain areas and facilities for the benefit offuture owners of the parcels as described below. DE CLARA TION OF EASEMENTS: A) Easement Created: DAVID M. NOWAK and TAWNYA R. PRATT hereby create a perpetual easement for the joint benefit of Parcels I and 2 of Land Partition Plat No. 2009.P over those two certain areas designated as "JOINT USE VARIABLE WIDTH PRIV ATE ACCESS AND PRIVATE UTILITY EASEMENT" on said partition plat in two places for private access and private utility purposes. B) Easement Created: DAVID M. NOWAK hereby creates a perpetual easement for the joint benefit of Parcels I and 2 of last said partition over that certain area designated as "JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER DRAINAGE EASEMENT" on said partition plat as said easement lies in Parcel I for privat" storm drainage and storm trench purposes. C) Exclusion ofPUEs: Notwithstanding any other language herein, these easements do not allow the placement of private utilities within any Public Utility Easement except for crossings. D) Use of the Burdened Pronertv: The owners or occupiers of the parcels affected by these easements shall have the right to use their property, including the areas described as the easements, for any purpose as long as the owners or occupiers do not interfere with the use of the easements as granted by this instrument. N<;> vehicle parking or storage of vehicles shall be allowed by any party within the access easement areas, including the agents, employees, tenants, and invitees of said owners. E) Maintenance and Renairs: The cost of any maintenance or repair of the driveway within the easement areas shall be split equally between the owners of Parcels I and 2 of last said partition. The cost of any maintenance or repair of private utilities lying within the easement areas will be the responsibility of the owner of the respective facility. The cost of any maintenance or repair of the shared private utilities and/or the shared storm drainage system lying within the easement areas will be split equally between the owners of the parcels using. the shared facility. . F) NOT USED HEREIN Date Received: G) NOT USED HEREIN SEP - 8 2009 DECLARATION of Original Submittal JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT and JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER . . EASEMENT Page I of2 ... . H) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of Parcels 1 and 2 of said partition, and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees, and personal representatives of aiI' owners of any of the aforementioned parcels. IN WITNESS WHEREOF, I have executed this DECLARATION OF JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT AND JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT on this h.< day of -$e,n)t:'.-nh,zr _20()\ Cf<J~A111 ~ David M. Nowak ,,_._______._____ ----- --_.- -~I 1.- OFFICIAL SEAL 'I I . ., ANGELA ERWIN I '.. / NOTARY PUBLIC. OREGON i ...... COMMISSION NO. 421788 I ~ _MY ~~M~SSION EXPIRES SEPTEMBER 26. 2011 I, . ~ " _ _ ....~~_~__________.J1 STATE OF OREGON ) )ss County of Lane ) On this oj day of s:,.41/2~ h,Lr . 20 09, before me personally appeared David M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed. /L I C-'. . (d/??c3,/j/.;....... GYL-,-'\.-o Notary Public for Oregon Tawnya R. Pratt STATE OF OREGON ) )ss County of Lane ) On this day of ; 20_, before me personally appeared Tawnya R. Pratt and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon Date Received: SEP - 8 2009 DE CLARA TION Original Submittal of JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT and JOINT USE VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT Page 2 of2 .~ .. .. ~ H) Successors in Interest: The provisions of this instrument touch and concern, and relate to the use of Parcels I and 2 of said partition, and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and inure to the heirs, successors, assigns, transferees, and personal representatives of all owners of any of the aforementioned parcels. IN WITNESS WHEREOF, I have executed this DECLARATION OF JOINT USE V ARlABLE WIDTH PRlV A TE ACCESS AND PRlV A TE UTILITY EASEMENT AND JOINT USE VARIABLE WIDTH PRlVA TE STORMW A TER EASEMENT on this day of .20 David M. Nowak STATE OF OREGON ) )ss County of Lane ) On this day of . , 20_, before me personally appeared David M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon J~ ~, tPR--#- Tawnya R. Pratte; STATE OF OREGON ) )ss County of Lane ) On this :2'8 day of J ...\ ~_ .20 Dt before me personally appeared Tawnya R. Pratt and acknowledged the fOregoing instrument to be her voluntary act and deed. : :;. -. - -. .-. .-. -. ,.'_ .-" :..~ ._ 4_._ _ .,', .-~ ..k ~'_ .->, Ii . OFFICIAL SEAL I ~ BRENDA LEE CARLIN I il \. ~ NOTARY PUBLIC. OREGON I ~. COMMISSION NO. 418749 I MYCOMMISS10ll EXPIRl:S JUNf 7. 2011 I '--_. --- --.-.-.- ...: "-" _ _.~- -----:---" -n/U~," (}~ Notary Public for Oregon Date Received: SEP - 8 2009 Original Submittal DECLARATION of JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND PRIV ATE UTILITY EASEMENT and JOINT USE VARIABLE WIDTH PRIVATE STORMWATER EASEMENT Page 2 of2 , .. '. Recorded at the request of and after recording return to: Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 5.00' WIDE PRIVATE SANITARY SEWER EASEMENT The true and actual consideration for this declaration is other than monetary, RECITALS: 1 ) DAVID M. NOWAK, Grantor, is the owner of Parcel 2 of' Land Partition Plat Number 2007-P2141 as partitioned and recorded June 29, 2007 in the'Land Partition Plat Records of Lane Comity, State of Oregon. 2) TAWNYA R. PRATT, Grantee, is the owner of Parcell of Land Partition Plat Number 2007-P2141 as partitioned and recorded Jooe 29, 2007 in the Land Partition Plat Records of Lane Coooty, State of Oregon. 3) The Grantees have an existing sanitary sewer lateral from their home on said Parcel I that crosses a portion of the land of the Grantor. 4) The grantor is dividing his lands into two parcels as shown on Land Partition Plat No. 20_- P 'as partitioned and recorded , 20_ in the Land Partition Plat Records of Lane Coooty, State of Oregon. 5) As a condition for approval of said partition by the City of Springfield, the Grantor desires to create an easement to cover the existing sanitary lateral that benefits the lands of the Grantees that crosses a portion of G~antor's lands. , THEREFORE: DAVID M. NOWAK, Grantor, hereby grants, transfers and conveys to TAWNYA R. PRATT, Grantee, a perpetual, non-exclusive, appurtenant easement for private sanitary sewer lateral purposes and maintenance thereof over and under that certain area designated as "5.00' WIDE PRIVATE SANITARY EASEMENT" on said partition plat (LPPN 20_-P ) as said easement crosses the northerly portion of the panhandle section of Parcell of said partition plat. SUBJECT TO THE FOLLOWING: 2) 3) 4) 5) 6) I) The intent of this document is to create an easement that covers the existing lateral. Should the lateral be foood not to lie within the described easement, the centerline of this easement shall adjust automatically so as to follow the centerline of said lateral. Costs for maintenance and repair of the private..sanitary sewer shall be the responsibility of the Grantees. . Upon completion of any maintenance or repair, the Grantees shalheturn the disturbed area to its condition that existed prior to said work. Grantor shall at all times, and without restriction, have the right to use the easement area for purposes not.inconsistent with the purpose of the easement. This easement is not personal or in gross, but is appurtenant to each and every portion of the lands of the Grantee. Said 'easement shall run with the properties herein described and shall be binding on and inure to the benefit ofthe parties hereto, their heirs, successors or assigns. . . . Date Received: SEP - 8 2009 . 5.00' WIDE PRIVATE SANITARY SEWER EASEMER1i9inal Submittal Page lof2 ! IN WITNESS WHEREOF, I have executed this 5.00' WIDE PRIVATE SANITARY SEWER EASEMENT on this OJ day of .Cp., H. m ,I,., ,., . 200'1 . CkJ(JAfl1~ 17l David M. Nowak STATE OF OREGON ) )ss ) j ~-=~~~"7~-:-~ -=~~-e-=-:::~~' . OFFICIAL SEAL f I ;"; ANGELA ERWIN I '... ./ NOTARY PUBLIC. OREGON I I '. COMMISSION NO. 421788 I ~_M1 ~}I.!!'W>!!. E2<P1.R~S SEPTEMfrER 26. 2011 I ------~ ~~...s_ :::.=~, County of Lane Onthis (j", dayof S./"J.<""..,k.?r . 2001, before me personally appeared David M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed, (27..L ['J'^V<--)~ Notary P6blic for Oregon Date Received: SEP -8 2009 Original Submittal 5.00' WIDE PRIVATE SANITARY SEWER EASEMENT Page 2 of2 . 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, hereinafter referred to as City, and David M. Nowak 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 SUB 2008-00040 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 improvements 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 S. 4ih Street to include: 0 surface paving; 0 storm sewers; U sanitary sewers; D gutters; D planter strips; D street trees; D street lights; Ib) TRAFFIC SIGNALS at the intersection of U curbs; D sidewalks. 'S Date Received' ~..!-,f?t (Bar Code Sticker) SEP - 8 200~ Original Submittal r Df3 P6Sf KS DEP ARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 r....~, .......... Agreement inCluding Notice of Potential Assessment lien .lndividual.doc REVISED Augullt. 2007 Page 1 of3 Applicant acknowledges that the list of marked improvements reflect those that 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 functional classification 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: Parcels 1 and 2 of Land Partition Plat Number 2009- as platted and recorded on , 2009 in the Partition Plat Records of Lane County, State of Oregon'. AKA: Tax Map & Lot No.: 17-02-32-43 TL 6802 Property Address: 441 S. 4yth Street 8. City agrees that Applicant's 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 in consideration . 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 APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of this property, you are advised to discuss this Agreement with an Attorney of your choice. Execution and recordation 'of this Agreementwill 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 Applicant's signature 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 property, and understand that this Agreement may result in a significant financial obligation imposed upon any Owner of the Real Property described in Section 7. Z:\20D8\08-142 Nowak\SURVEY\PARTITION DOCUMENTS\lmprovement Agreement including Notice of Potential Assessment Lien. Individual.doc REVISED August, 2007 Page2of3 .. . WHEREFORE, the parties have hereunto set their hand this 0:;; day of 'GE;PTEIJ1i3E.12..- , 20~ 'SIGNATURElslCf()/JAf11 0' ??1 fl#lffi~btM ~ /111 ;J~w...J . . . PRINT NAME(s): STATE OF OREGON COUNTY OF Lane } 88 BE IT REMEMBERED that on this 03 day of 5..'r::p I ~,.., b.e,- , 20~ before me, the undersigned, a notary public in and for said County and State, personally . appeared the within named David M. Nowak 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 nand and affixed my official seal the day and year last above written. . ..,.- - -.... ~----- ---~..._-_.~...;::;:.;.~ ,,; 18 OFFICIAL SEAl. ,e . .. ANGELA ERWIN i.' '\ ./ NOTARY PUBLIC. OREGON . l '.' COMMISSION NO. 4217~8 (.. MY COMMISSION EXPIRES SEPTE~l'SER 26. ,,," Ii ....:::. ~ .-...->:....-~ -... ---~ ~ ---~ -....::-.a.:::::::.::..-~::-:...'. /1 ;l c::., C~:?? ~/.r~;"" (~. (~i "- Notary Public for Oregon 9-/).{.,. ~Oll My Commission Expires CITY OF SPRINGFIELD Reviewed and approved By (No notary required) Development Services Department, Planning Division Accepted by Dennis P. Ernst - City Surveyor STATE OF OREGON COUNTY OF lane } 8S BE IT REMEMBERED that on this day of . 200~__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 instrument and ackllowledged 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 2:\2008\08-142 Nowak\SURVEy\PARTITION DOCUMENTS\lrnprovemenl Agreement including Notice of Potential Assessmenllien -Inclividual.doc REVISED August, 2007 Page3of3 f~-- "'zl D \...11 r OF ~.:'..JNGFIELD VICIl'c1l \' MAP SUB2009-00018 441 S 47th Street T . r- BLUEBELLE WAY \I I:: rJ) Iii J: I:: "l' rJ) 008 c:::cJ J: It ... . Date Received: SEP - 8 2009 Original Submittal