HomeMy WebLinkAboutCorrespondence APPLICANT 9/29/2009
f
l~~ . Branch Engineering, Inc.
310 5th Street. Springfield. Oregon 97477. (541) 746-0637. Fax (541) 746-0389 '\
PRINCIPALS:
James A. Branch, P.E., P.L.S.
Rene Fabricant, S.E., P.E.
Michael Lane Branch, P.E.
Damien Gilbert, P.E.
Renee Clough, P.E.
September 29,2009
Andy Limbird
Planning Department
225 Fifth Street
Springfield OR 97477
Dear Andy,
Enclosed are five copies of the Partition Plat for David Nowak and the paperwork that was
recorded at the time of platting.
Feel free to contact me if you have any comments or questions.
Sincerely,
.~
Dan Nelson, LSI
Branch Engineering, Inc.
Date Received:
SEP 2 9 2009
Final Submittal diJL
" 0iJB?--IX'/1 -I)Q(? / >;
./
CIVIL
STRUCTURAL
TRAFFIC / lRANSPORTATION
SURVEYING
~
.f>.-;; -;,;
'Dlva.lon 0' Chi.' Deput Cl'
Lan. eo..."t.y Deed. artd R:corda 2009-054592
~'(m~umm~!IIl~11111111I11 $36.00
RPR-ESIIT ental st...s cJJfW~ 09:23:15 All
$15.00 $10.00 $11.00
Recorded at the'request of and
after recording retum,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 STORMWATER
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.? ..Q,,2. as partitioned and recorded "'",. <'A'" --'
2009 in the Land Partition Plat Records of Lane County, State of Oregon.
2) TAWNYAR. PRATT, Declarant herein, is the owner of Parcell of Land Partition Plat
Number 2007-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 of future owners of the parcels as described below.
DECLARATION OF EASEMENTS:
A) !lP""me'1tCre.~: 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
-d3.q:z over those. two certain areas designated as "JOINT USE VARIABLE
WIDTH PRN ATE ACCESS AND PRN ATE UTILITY EASEMENT' on said partition plat
in two places for private access and private utility purposes.
B) F"s.TlJenl Cre.te4; 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 PRN A TE STORMW A TER DRAINAGE EASEMENT" on said
partition plat as said easement lies in Parcel I for private storm drainage and storm trench
purposes.
C) Exclusion nfPlJEs: Notwithstanding any other language herein, these easements do not
allow the placement of private utilities within any Public Utility Easement except for
crossings.
D) IJs. nfthe Rurdened ''T(mertv~ The owners or occupiers of the parcels affected by
these easements shall have the rigbtto 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. No 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 end Rel!airs; 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 shaied storm drainage system
lying within the easement areas will be split equally between the owner> of the parcels using
the shared facility.
F) NOT USED HEREIN
G) NOT USED HEREIN
DECLARATION
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW ATER
EASEMENT
Date Received:
SEP 2 9 2009
Final Submittal /.1 ;::
""II.' " J
Page I of2
.
II) Success.ors in Interes~~ 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 VARIABLE
WIDTH PRIVATE ACCESS AND PRNATE UTILITY EASEMENT AND JOINT USE
VARIABLE WIDTH PRIVATE STORMW A TER EASEMENT on this ('",< day of _'
S'~_h,r _20~
%~~ 11 ~I&l
David M. Nowak
f-..~ _. ~ - -- :.; ~ - ,
U {I) OFFIClALSEAL W
ANGELA ERWIN
NOTARY PUBLIC. OREGON
, COMMISS10N NO. 421788
M'(CotllM~I~EXPIRES....: .~.~,;.....28.:!D11
STATE OF OREGON )
)ss
County of Lane )
On this~ day of k1h..,..,..... . 20..Qj, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
/k...J:-. ~'r~
Notary Public for Oregon
Tawnya R. Pratt
STATE OF OREGON )
)ss
County of Lane )
On this _ day of ,20--, before me personally appeared T.wnya
R. Pratt and acknowledged the foregoing instrument to be her voluntary act and deed. .
Notary Public for Oregon
DECLARATION
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW ATER
EASEMENT
Date Recei led:
SEP 2 9 2009
Page 2 of2
Final Submittal /?~
~-
H) .~uccessors 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 ~l owners of any of the aforementioned parcels.
IN WITNESS WHEREOF, I have executed this DECLARATION OF JOINT USE VARlABLE
WIDTH PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT AND JOINT USE
V ARlABLE WIDTH PRlV ATE STORMW ATER EASEMENT on this day of _
.20_ .
David M. Nowak
STATE OF OREGON )
)ss
County ofLane )
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
~~&?i2--#-
STATE OF OREGON )
)ss
County of Lane )
On this...:1.1.. day of J L \ ~ _ , 20.Jrl., before me personally appeared Tawnya
R. Pralt and acknowledged the fOregoing instrument to be her. voluntary act and deed. .' -. . .
~- - OFFlClALSEAL -
BRENDA LEI! CARUM
, NOTARY PUBliC. OREQON
COMMISSION NO. 418749
YVCOUlII8SIOIIEXPIRESJUNE7;2011
. ,-. - - -- . -
~A!,~L (J~
Notary Public for Oregon
DECLARATION
of
JOINT USE VARIABLE WIDTH PRIVATE ACCESS AND
PRIVATE UTILITY EASEMENT
and
JOINT USE VARIABLE WIDTH PRIVATE STORMW ATER
EASEMENT
Date Recei-'ed:
Page 2 of2
SEP 29 20( 9
dL
v
Final Submittal
Recorded at the request of and
after recording return to:
'Divl.ion 0' Chi.' Deputy Clerk 2O~_n~I~93
L..,e Count.y D." encl Rocorda U;-warij
Ulm~l~lW~lIJVJ~]~!1II11111111 $31.00
09/24/2009 09:23: 15 An
RPR-ES"T Cnhl Stn=B CASHIER 07
$10.00 $10.00 $11.00
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 orLand Partition Plat Number
2007-P2l41 as partitioned and recorded June 29, 2007 in the Land Partition Plat Records of
Lane County, State of Oregon.
2) TA WNYA R. PRATT, Grantee, is the owner of Parcel I of Land Partition Plat Number
2007-P2141 as partitioned and recorded June 29, 2007 in the Land Partition Plat Records of
Lane County, State of Oregon.
3) The Grantees have an existing sanitary sewer lateral from their home on said Parcel I that
crosses . portion of the land of the Grantor.
4) The grantor is dividing his lands into two parcels as shown on Land Partition Plat No. 200 ~-
P 2372 as partitioned and recorded 2 yo . <'''''A --' 20!22 in the
Land Partition Plat Records of Lane County, 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 th.t benefits the lands of the
Grantees that crosses. portion of Grantor's lands.
THEREFORE:
DAVID M. NOWAK, Grantor, hereby grants, transfers and conveys to TAWNYA R. PRATT,
Grante.,. perpetual, non-exclusive, appurtenant easement for private sanitary sewer lateral
purposes and maintenance thereof aver and under that certain area designated as "5.00' WIDE
PRIVATE SANITARY EASEMENT" on said partition plat (LPPN 2~-P ?~ 92.. ) as said
easement crosses the northerly portion of the panhandle section of Parcel I of said partition pial.
SUBJECT TO mE FOLLOWING:
1) The intent of this document is to create an easement that covers the existing lateral.
Should the lateral be found not to lie within the described easement, the centerline of this
easement shall adjust automatically so as to follow the centerline of said lateral.
2) Costs for maintenance and repair of the private sanitary sewer shall be the responsibility
of the Grantees.
3) Upon completion of any maintenance or repair, the Grantees shall return the disturbed
area to its condition that existed prior to said work.
4) Grantor shallOt all times, and without restriction, have the right to use the easement area
for purposes not inconsistent with the purpose of the easement.
5) This easement is not personal or in gross, but is appurtenant to each and every portion of
the lands of the Grantee.
6) Said easement shall run with the properties herein described and shall be binding on and
inure to the benefit of the parties hereto, their heirs, successors or assigns.
Date Receivtd:
5.00' WIDE PRIVATE SANITARY SEWER EASEMENT
Page 1 of2
SEP 2 19 2009
Final Submittal
I~
IN WITNESS WHEREOF, I have executed this 5.00' WIDE PRIVATE SANITARY SEWER
EASEMENT on this cD dayof ..0,.k~/n" ,20C'1 .
~~wak/M ~
(8 OFFICIAL SEAL
'. , ANGELA ERWIN
" ...., NOTARY PUBLIC. OREGON
" COMMISSION NO; 421788
: MY COMMISSION EXPIRES ~EPTEMIlfR 26, 2011
- - ~- --
STATE OF OREGON )
)ss
County of Lane )
On this..QL.. day of ..u,"?-'~ kN , 2001, before me personally appeared David
M. Nowak and acknowledged the foregoing instrument to be his voluntary act and deed.
f2,~L ~>'.,..~
Notary P6blic for Oregon
Date Receivlld:
5.00' .WIDE PRIVATE SANITARY SEWER EASEMENT' ..
Page 2 of2
SEP 2 '9 2009
Final Submittal
/JL
Recorded at the request of and
after recording return to:
-Division 0' Chi;;' Dep':;i.y Ci..;.k ilIl09.0~A~9A
Lene County Deeds and Reoorda ,U ~,~ ,
I: IIIII :11 111111111 111111111111111 1111 $26,00
u_.J,4~~~~aee~!94001~.,
RPR-REST Cnt=1 Stn=6 CA~~~~~9 09:23:15 AM
$e,OO $10.00 $11.00
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 l/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 1 and 2 of Land Partition Plat No. .2009- ,t:'259? 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:
1. Requires that the p.~y...:Y owner of said Parcell shall construct an aYY."'p.;ate 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 0'1 dayof ("J2pk""/.,,. .2009.
.
Cf<J~9 ~_
David M. Nowak
. ,--,--,,=--,---~'->-~'-;-----=--=")'
. OFFICIAL SEAl. :)
ANGELA ERWIN '
\ ' NOTARY PUBLIC. OREGON ~
. COMMISSION NO. 421788 1,'
MY COMMISSION EXPtRfS SEPTEM6ER 26. 2~1)~
On September 3. 2009 ". ." - "
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
u:/~~L g~~~
Notary Public for Oregon
My Commission Expires: q:;J /, , dO \ I
DECLARATION OF RESTRICTIONS
Page 1 ofl
Date Received:
SEP 29 2009
ax:.
. ,,.r-t,, .....IIo..!i'hl.1"..,-" ' I '"" "II
,~,
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public lmprovement;-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 ~ 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 w~h 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 aliernative to imposing a cond~ion 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
w~h 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 w~hin the sole and exclusive direction of the City.
8. (a) STREET IMPROVEMENTS along the frontage of S. 47th Street
to include: I;gJ surface paving; I;gJ storm sewers; U sanitary sewers;
o gutters; 0 planter strips; 0 street trees; 0 street lights;
U curbs;
o sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
Date Received:
-Dj~l.iOn- 0' Chi.' Deputy Clerk
Lon. CowIly Deeds and Recorda .
~OO9-0M555
m~lliW!WW~!WJJU1WIIIIII"111 $41.00
09/24/2009 09:23;15 All
RPIl-NTPO~IEN Cnt=2 St...& CASHIER 07
$5.00 $16.00 $10.00 $11.00
AFTER RECORDING RETURN TO: '
CITY OF SPRINGFIELD - PUBUC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
SEP 29 2009
Final Submittal tJ~
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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 understends 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-pn92 as platted and
recorded on 2"" 9c"'P , 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. 47th Street
8. City agrees that Applicant's execurtion 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 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 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 Ag,~~.,,~,,~, consult with legal counsel prior to purchasing the property, and
u,,~~,~;~nd that this Agreement may result in a significant financial obligation imposed
upon any Owner of the Real Property. described in Section 7.
Date Receivlld:
Z:\200~142~URVEYII'ARTTIlONOOClJl,l:C,.,~ .,. ""*'.......Ird\.drIg~df'glllrllill~lJwl.hctvicldI.dClc REVlSEDAuguIl.2007
-'"' SEP 29 2009
'.rj,~l;;l' 'oull':.I'Jll"'OJ
t2~
WHEREFORE, the parties have hereunto set their hand this 0 ~
day of ~~b}/IB€.12- , 20~.
SICoNATURElS,CNI1Ar1.f) ?r; fl~ ~l/; ~ M. ;J~WA-k
PRINT NAME(S):
STATE OF OREGON
COUNTY OF Lane
} ss
BE IT REMEMBERED that on this O~ day of ~PI~,...I>"", .2009 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 hand and affixed my official seal
the day and year last above written.
-;:C":
. a7fL T/""-:'"
Notary Public for Oregon
9- Jr.-.- ,;2011
My Commission Expires
(I) OFFIClALSEAI. "
ANGELA ERWIN ,'.
NOTARY PUBLIC. OREGON I
COMMISSION NO, 4211tl8 .;,
MVCOMMl$SIONEXPIRESsePTE~R-:-2~ ~~;~:.1,
CITY OF SPRINGFIELD ~
Reviewed~ ~~I.i".~J-// /./ ~ . L .I
By {' -:"~ r // h'U- 1/2//""
evelopment rvicesD~lanning Division
(NO notal"f requlmd)
Accepted by
fL.. y/~
Dennis P.. Ernst - City Surveyor
STATE OF OREGON
COUfolTY OF Lane
} ss
BE IT REMEMBERED that on this q *"' day of SUT ~ i3> iJL . 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 instrument and
acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed m:]Official eal
the day and year last above written.
~ 'VMJO
a CH~'lfaL1iAD NotarY Public for Oregon
... ~^ClS~ mAILLI-{ '> I 1.011..
MY COMMlSSKlN EXPiRESMA1t3l.2012
My Commission Expires
Date Rec 3ived:
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