HomeMy WebLinkAboutApplication APPLICANT 9/8/2009
:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
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Partition Plat Pre-Submittal:
Partition Plat Submittal:
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Applicant Name: David Nowak
Icompanv:
IAddress: 5729 Main St. PMB 239, Springfield, OR 97478
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IAPPlicant's Rep.: Dan Nelson, LSI .
Icompanv: Branch Engineering, Inc.
I Address:
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I Property Owner: same as applicant
Icompanv:
IAddress:
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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
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Phone: 521-9933
Fax:
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Phone: 746.0637
Fax:
746-0389
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Phone:
Fax:
Cate-Reccivod:
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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
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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.
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Associated Applications:
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<:"'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
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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
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.'.-'.,.. 'After recordlni'f return tOl
Order Number: 1~858
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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
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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
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W es tern Title.&.Escrow
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(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
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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
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We 5 te.r n Tille & Escrow
Public Records Report .
Page 3 of 4
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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
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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
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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
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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
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. 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
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VICIl'c1l \' MAP
SUB2009-00018
441 S 47th Street
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BLUEBELLE WAY
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Date Received:
SEP - 8 2009
Original Submittal