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HomeMy WebLinkAboutApplication APPLICANT 10/20/2009 City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision . . . . - . Applicant Name: Geoff and Elizabeth Cossen Company: Phone: 541 954-3821 Fax: Address: 445 E. 50th Av, Euqene OR 97405 Applicant's Rep.: Joe Ferguson Phone: 541 747-4917 Company: Address: Joseph Ferquson, Prof. Land .Surveyor 2130 Daphne St,Sprinqfield OR 97477 Fax: Property Owner: Geoff Cossen (See Above) ( Phone: Fax: Company: Address: , , IASSESSOR'S MAP NO: 17-03-36-11 Property Address: 2660 G St ITAX LOT NOeS): 9100 Size of Property: 12,815 Acres 0 Square Feet [gj Proposed Name of Subdivision: Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Partition lot into 2 parcels, one with existing house, new vacant duplex parcel IExisting Use: One single family residence I Tentative Case #: 2009-00003 1# of Lots/Parcels: 2 !AVg. Lot/Parcel Size: 6407 sf !Density: du/acre ISi~lnatures: Please si nand rint your name and date in the a ro riate box on the next paqe. ,. .. ,I _ ~'lll~ '.':,I~J I I. I 'I~ I~ Ii. .' JIi':- 'I I.UI ~ j'~ ~; ~ I~ I : IASSociated Applications: I Pre-Sub Case No.: PRe: 1.00'1- OWd.~ Date: q - 4 - 0' q I Reviewed by: Case No.: SU~WDq-OOOJ-.{ Date: IOlwlo"l IReViewedbv:"81L-- !APPlication Fee: $ %11. 00 D~~~E!@j~: $ . \7::>::>. '6CS Ipostage Fee: $0 ITOTAL FEES: $ Z~ 10. qG . OCT 2 0 20~PROJECT NUMBER: Pi2..::J2-00g -OO0?J3 ~ - Original Submittal 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. f'1 ",~S_I:...j~~~,,;' SWll\l%a.l 71 The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the ! own."~Jmitt\',1 Meetin~....J' . \" ( q- Date: \0 101 m . Igna u ~ -'\ I Q-9 "(J<f'"\~C::;Q_j/l \ Prmt 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. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: Signature Print ~ Date Received: OCT 2 0 2009 Original Submittal 225 Fifth Street Springfield, Oregon 97477 541-726-3759. Phone.__,._... Job/Journal Number SUB2009-00021 SUB2009-00021 . RECEIPT #: Description .< CTY Pariition Plat + 5% Technology Fee Payments: Type of Payment. Paid By . Check cReceint 1 GEOFFREY L. COSSEN 3200900000000000714 'ity of Springfield Official Receipt . vevclopment Services Department Public Works Department Date: 10/20/2009 Item Total: Check Number Authorization Received By Batch Number Number How Received ddk 'Page I of I 1081 In Person Payment Total: Date Received: OCT 2 0 2009 Original submittal II :48:22AM Amount Due 2,677.00 133,85 $2,810.85 Amount Paid $2,810.85 $2,810.85 10/20/2009 ,,' 111&\ \WI Fidelity National Title Insurance Company 200 Hawthome Ave., Ste. A-100, Salem, OR 97301 FAX PRELIMINARY REPORT TITLE OFFICER: Patty Smith ORDER NO.: 4609011172-FTEUG25 CUSTOMER NO.: TO: Geoff Cossen Attn: 2660 G Street Springfield, OR 97477 . OWNER/SELLER: Geoff Cossen and Elizabeth A. Cossen BUYER/BORROWER: PROPERTY ADDRESS: 2660 G Street Springfield, Oregon 97477 EFFECTIVE DATE: October 12,2009,08:00 AM 1. 'THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM Report Only $ 200.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR iNTEREST AT THE DATE HEREOF IS VESTED IN: Geoffrey Cossen and Elizabeth A. Cossen, as tenants by the entirety 4, THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF SPRINGFIELD IN THE COUNTY OF LANE. STATE OF OREGON, AND is DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF Date Received: FDOR0212.rdw OCT 2 0 2009 Original Submittal PRELIMINARY REPORT (Continued) Order No.: 4609011172-FTEUG25 EXHIBIT "ONE" Commencing at a point 540 feet North and 440 feet South 89 " 30' West of the Northeast corner of the James A. Ebbert D.L.C. No. 74 in Section 36, Township 17 South, Range 3 West of the Willamette Meridian, in Lane County, Oregon; thence South 89 " 30' West 95 feet; thence North 135 feet; thence North 89 " 38' East 95 feet; and thence South 135 feet to the Place of Beginning, all being in what is know as "HOME ACRES" Ross M. Small's subdivision lying East of Springfield, Lane County, Oregon. FDORQ212.rdw Date Received: OCT 2 0 2009 Original Submittal Order No.: 4609011172-FTEUG25 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOllOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the pUblic records. reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worke~s compensation, which hav,e now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. Property Taxes are as follows: Fiscal Year: 2009-2010 Amount: $1,450.24, plus interest, if any Levy Code: 01900 Account No.: 0319291 Map No.: 17-03-36-11-09100 7. City Liens, if any, in favor of the City of Springfield. None found as of September 11, 2009. 8. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Mountain States Power Com pany, a Delaware Corp. Utilities July 23,1941, #99579. Reference is made to said document for full particulars Date Received: FDOR0390.rdw OCT 2 0 2009 Original Submittal I . . . Order No.: 4609011172-FTEUG25 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: Mountain States Power Company, a Delaware Corp. Utilities December 9. 1948, #82137. Reference is made to said document for full particulars 11. A deed of trust to secure an indebtedness in the amount shown below. Amount: $102,050.00 Dated: November 26, 2007 Trustor/GrantorGeoffrey Cossen and Elizabeth A. Cossen Trustee: Fidelity National Title Beneficiary: Mortgage Electronic Registration Systems. Inc., as nominee for Sierra Pacific Mortgage Company, Inc. Loan No.: Recording Date: December 7, 2007 Recording No: 2007-081092 END OF ITEMS AND EXCEPTIONS NOTES: A. Note: There are no matters against the party(ies) shown below which would appear as exceptions to coverage in a title insurance product: . Parties: Geoffrey Cossen or Elizabeth A. Cossen B. Note: The only conveyance(s) affecting said Land, which recorded within 36 months of the date of this report. are as follows: Grantor: Joshua Baker and Rachael Bakere, as tenants by the entirety Grantee: Geoffrey Cossen and Elizabeth A. Cossen, as tenants by the entirety Recording Date: December 7, 2007 Recording No: 2007-081091 Date Received: FDOR0390.rdw OCT 2 0 2009 Original Submittal FIL TER RECORDING RETURN TO . ,.TY NATIONAL TITLE INSURANCE COMPANY OF OREGON' 800 WILLAMETTE ST., #500 EUGENE, OR 97401 ./Division of Chief Depuly Clerk Lane Counly.Deeds and Reco~ds ~~~1.~~W~1 " RECORDING REQUEStED BV: Fidelity National Tille Company of Oregon SEND TAX STATEMENTS. TO: Geoffrey Cossen and Elizabeth A. Cossen 2660 G street Splingflekl, OR 97477 11111111111111111111111111111111111111111111111 $46,00 0J~61820200700810910010015 12/07/2007 02:36:42 PM RPR-DEED Cnl=1 Sln=5 CASHIER 06 $5.00 $20.00 $11.00 $10.00 GRANTOR'S NAME: JoshUa Baker and Rachael Baker GRANTEE'S NAME: Geoffrey Cossen and Elizabeth A. Cossen AFTER RECORDING RETURN TO: Geoffrey Gossen snd Elizabeth A. Cossen 2660 G Street Springfield. OR 97477 Escrow No: 46D7000927-FTEUG03 SPACE ABOVE nos UHE FOR RECORDER'S USE STATUTORY WARRANTY DEED Joshua Baker and Rachael Baker. 8S tenants by the entirety, Grantor. conveys and warrants to Geoffrey Cossen and Elizabeth A. Cossen. as tenants by the entirety. Grantee. the following described real property, free and clear of encumbrances except as specifically set forth below. situated in the County of lane, State of Oregon: Commencing at a point 540 feet North and 440 feet South 89 . 30' West of the Northeast comer of the James A. Ebben D_LC. No. 74 in SeclIon 36, Township 17 SOuth, Range 3 West of (he WiUamelte Meridian, in lane County, Oregon; thence South 89 . 30' West 95 feet; thence North 135 feet; thence North 89 . 38' East 95 feel; and (hence South 135 feet to (he Place of Beginning, anpelngInWha1.isknowas"~.Ac'{es" Ross M.':- Small'.s subdivision lYUlg East of SprUlgfl.eld, Lane County, Oregon. Subject to and excepting: Covenants, conditions. restrictions, easements. agreements of recant BEFORE SIGNING OR A"v"" ,..,.G THIS INSTRUMENT. THE PERSON tRANSFERRING FEE TTTLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER DRS 197.352. THIS tNSTRUMENT OOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA nON OF APPLICABlE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING DR ACCEPTING THIS INSlRUMENT, THE PERSON ACQUIRING FEE 1TTLE TO THE PROPERTY . SHOULD CHECK WITH THE APPROPRIA'IE CITY OR COUi'lTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANYUMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEANED IN ORS 30.930, AND 10 WQUlRE ABOUT THE RIGKTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. THE lRUE AND ACTUAL CONSIDERATION FOR THIS CON ANCE IS $136,165.00. (See . ORS 93.030) ~ f:"''' DATED: NOV8mbe~, 2007 )Z '- JO~,..l"}? 'r r" .. ~ 11-((3:;"/;,, - . Rachael Baker ~ Slale ol-eRE"''''''' r-'Qt1..t.L&a.. COUNTY ___ ,n-I<a Loo~ . instrument was ~ckncW.tedged before me on NOVEMBE~, 2007, by Joshua Baker ami Ra ael Baker. I -..3l0h.Ld> "'- ~ I<:. ~L- ~ ..r.tJJ\ tsry Public - State of-9Fegen ~e.~ M comrui$si6P expires: Date Received: .#J.?!k. Cynthia F. Hughes . ~r ~"~Co~ission # 00397549 ~.;,~~ ExpIreS March 16, 2009 ."s;:F.i\'-...6lnll!"TIa)'F..---.... !IllOo385010lt OCT 2 0 2009 r("';~'?: S~~~}injttal -~ ,~, ss 92-7 (L- ,. AFTER RECORDING, RETURN TO: GEOFF COSSEN 445 E. 50TH AVENUE EUGENE, OR 97405 MAIL ALL TAX STATEMENTS TO: No CHANGE DECLARATION OF EASEMENT RECITALS: I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of property (The Property) described as: Land Partition Plat 2009-P , Lane County Oregon Partition Records; 2. The Property is encumbered by a private buried wastewater sewer service pipe serving the lot which adjoins The Property on the north side and which lot is described in document No. 99068103, Lane County Oregon Deed Records, and in on the attached Exhibit A (the Benefited Property). 3. DECLARANTS desire to create a private easement across The Pr~p':'.;J', for continued use of and maintenance access to the sewer service pipe by owners of the Benefited Property. DECLARATION: DECLARANTS hereby create and grant to Joel H. Daniken and Jill L. Daniken, husband and wife, owners of the Benefited P.~p':";f (Grantees) a 5 foot wide non- exclusive sewer easement as described in attached Exhibit B, for location, use, and maintenance of a single private buried wastewaters sewer service pipe, subject to the following conditions: A. Grantees must provide DECLARANTS or their successors in title to the property a one-week notice prior to entering the property to maintain or repair the sewer service pipe, except in event of an emergency. B. Grantees are responsible for complete repair to the concrete driveway on the property which covers a portion of the sewer service pipe, and restoration of the driveway to its previous condition. C. Grantees are responsible for complete repair to any other private sewer service pipes which may be located in the easement area D. Grantees are responsible for repairing or replacing any other items damaged during their repair or maintenance of the sewer service pipe, including but not limited to buildings, trees, shrubs, vehicles, utilities, and other items. E. This easement automatically terminates if public sewer service is made available to the property described in attached Exhibit B. F. This easement is not personal, but runs with the Benefited Property. The true consideration for this conveyance is.other value. Date Received: OCT 2 0 2009 Original Submittal " Dated this V . day Ofq>I'~I/V'\\..'U--- .2009. ~~\~s~~ ~'rk r-t- (.~~ ~ liza elf A. Cossen State of Oregon) County of Lane) Onthis ~ day o~f>W.f)\ b?(, 2009, personally appeared before me the above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing instrument to be their voluntary act and deed. A ' 2?--'~ . r ,'-/~~~ otary ~ifL My Commission Expires: 7/10//'2... . OFFICIAL SEAL KRISTA K SCHNEIDER \. oj . ~OJ:T:s~g~~o O~~~N . MY COMMISSION EXPIRES JULY 6, 2013 Date Received: OCT 2 0 2009 Original Submittal . . ~.... Exhibit A Legal Description of The Benefited Property That property described in document No. 99068103, Lane County Oregon Deed Records, being more particularly described thereon as follows: Beginning at a point 675 feet North and 440 feet South 890 30' West from the Northeast corner of the James Ebbert Donation Land Claim No. 74 in Township 17 South, Range 3 West of the Willamette Meridian; Thence North 85 feet; thence South 890 30' West 95 feet; thence South 85 feet; thence North 89030' East 95 feet to the place of beginning, in Lane County , Oregon. Exhibit B Legal Description of Easement A 5.00 foot wide strip ofland, the centerline of which is described as follows: Beginning at a point on the north right-of-way line ofG Street which lies 7.50 feet N 890 30' E from the southwest corner of Parcel I of Land Partition Plat 2009 P . as platted and recorded in Lane County Oregon Partition Records; Thence North 00 00' 47" West paraIlel with and 7.50 feet from the east right-of- way line of 26th Street 84.8 feet more or less to an existing sewer cleanout; thence North 28000' East 51.0 feet more or less to the north boundary line of said Partition and there ending. The sidelines of the 5.00 foot strip shall be truncated or extended as necessary to reach the beginning and ending boundary lines. Date Received: OCT 2 0 2009 Original Submittal AFTER RECORDING, RETURN TO: GEOFF COSSEN 445 E. 50TH A VENUE EUGENE, OR 97405 MAIL ALL TAX STATEMENTS TO: No CHANGE DECLARA nON OF EASEMENT RECITALS: I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of property described as follows: Parcels I and 2, Land Partition Plat 2009-P , Lane County Oregon Partition Records. 2. The existing wastewater sewer service pipe for Parcel 2 crosses a portion of Parcel I. 3. DECLARANTS desire to create a private easement across Parcell for continued use of and maintenance access to the sewer service pipe by owners of Parcel 2. DECLARATION: DECLARANTS hereby create a 5 foot wide non-exclusive sewer easement for the benefit of owners of said Parcel 2 as described in attached Exhibit A, for location, use, and maintenance of a single private buried wastewater sewer service pipe, subject to the following conditions: A. Owners of Parcel 2 must provide DECLARANTS or their successors in title to Parcel I a one-week notice prior to entering the property to maintain or repair the sewer service pipe, except in event of an emergency. B. Owners of Parcel 2 are responsible for complete repair to any other private sewer service pipes which may be located in the easement area C. Owners of Parcel 2 are responsible for repairing or replacing any other items damaged during their repair or maintenance of the sewer service pipe, including but not limited to buildings, trees, shrubs, vehicles, utilities, and other items. D. This easement automatically terminates if alternate public sewer service is made available to Parcel 2. E. This easement is not personal, but nms with the Benefited f\~..."..j. The true consideration for this conveyance is other value. Date Received: OCT 2 0 2009 Original Submittal J Dated this 0 day of S" ~2009. I 6~#' a, ~ DC) ~ ~~t~ State of Oregon) County of Lane) On this day of ,2009, personally appeared before me the above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing instrument to be their voluntary act and deed. ~ /12'2 ~ tr//~ff~ ./ Notary ublicrfor Oregon - My Commission Expires: 7 / ~,Io 9 . OFACIALSEAl KRISTA K SCHNEIDER I \.,....i NOTARY PUBUC _ OREGON .. COMMISSION NO. 440768 MY COMMISSION EXPIRES JULY 6, 2013 Date Received: OCT 2 0 2009 Original Submittal " . Exhibit A Legal Description of Easement A 5.00 foot wide strip ofland, the centerline of which is described as follows: Beginning at a point on the north right-of-way line of G Street which lies 7.50 feet N 89030' E from the southwest comer of Parcel 1 of Land Partition Plat 2009 P , as platted and recorded in Lane County Oregon Partition Records; Thence North 00 00' 47" West parallel with and 7.50 feet from the east right-of- way line of 26th Street 45.45 feet more or less to the south boundary of Parcel 2 of said Land Partition and there ending. The sidelines of the 5.00 foot strip shall be truncated or extended a,'> necessary to reach the beginning and ending boundary lines. Date Received: OCT? 0 20ag Original Subrni'ltlil '. '---'" . . AFTER RECORDING, RETURN TO: GEOFF COSSEN 445 E. 50TH AVENUE EUGENE, OR 97405 MAIL ALL TAX STATEMENTS TO: No CHANGE DECLARA nON OF EASEMENT RECITALS: I. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of property described as follows: Land Partition Plat #2009 P . Lane County Oregon Partition Records. 2. DECLARANTS must create a private utility easement across Parcell (the encumbered property) to serve the Parcel 2 (the Benefited Property), as shown on said Land Partition Plat. DECLARATION: DECLARANTS hereby create a 5 foot wide non-exclusive underground utility easement across Parcel I to serve Parcel 2, as described in attached Exhibit A, for location, use, and maintenance of underground utilities, subject to the following conditions: A. Owner(s) of Parcel 2 must provide owner(s) of Parcel I with one-week notice prior to entering the easement area to maintain or repair the underground utilities, except in event of an emergency or if owner(s) of Parcel J cannot be contacted. . B. Owner(s) of Parcel 2 are responsible for complete repair and restoration of Parcel J to its condition that existed prior to entry or maintenance activities. C. Owner(s) of Parcel 2 are responsible for repairing or replacing any items damaged during their repair or maintenance of the underground utilities, including but not limited to buildings, trees, shrubs, vehicles, utilities, and other items. D. No trees, buildings, or other structures may be placed or constructed within the easement area. E. This easement is not personal, but runs with the Benefited r.vp",~y. The lrue consideration for this conveyance is other value. Dated this 87!1 day of Sl t ~~.or:- 2009. \ I Date Received: OCT 2 0 2009 Original Submittal ~~~!\J\,~/~ Geoffre\'{oso\. State of Oregon) County of Lane) On this .f." day Of~~~r 2009, personally appeared before me the above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing instrumentto be their voluntary act and deed. fA ~1Jbri L a - ElizabethI!'. Cossen \..J ~ fie, Su...- ~" ~;jV2~ Notary Publfc for eftgon- . My Commission. Expires: 7 ;,ff/i3 . OFACIAL SEAL KRISTA K SCHNEIDER \., ..j NOTARY PUBUC, OREGON COMMISSION NO. 440768 MY COMMISSION 'iX!'IRES JULY 6, 2013 Date Received: OCT 2 0 2009 Original Submittal Exhibit A Legal Description of Underground Utility Easement A 5,00 foot wide strip ofland, the centerline of which is describedas follows: Beginning at a point on the east boundary of Land Partition Plat 2009- P as platted and recorded in Lane County Oregon Partition Records , which bears North 0013'51" West 115.29 feet from the Initial Point of said partition; Run thence South 450 30' West 50.13 feet more or less to the eastiboundary line of Parcel 2 of said partition, and there ending, : The sidelines ofthe 5.00 foot strip shall be truncated or extended ~s necessary to reach the beginning and ending boundary lines. Date Received: OCT 2 0 2009 Original Submittal Ii .. AFTER RECORDING, RETURN TO: GEOFF COSSEN 445 E. 50TIl AVENUE. EUGENE, OR 97405 MAIL ALL TAX STATEMENTS TO: No CHANGE DECLARATION OF EASEMENT RECITALS: 1. Geoffrey Cossen and Elizabeth A. Cossen (DECLARANTS) are the owners of property (The Property) described as: Land Partition Plat 2009-P:' , Lane County Oregon Partition Records; 2. The Property is encumbered at the northwest comer by overhead vtility lines serving the lot which adjoins The Property on the north side and which lot is . described in document No. 99068103, Lane County Oregon Deed"Records, and in the attached Exhibit A (the Benefited Property). 3.DECLARANTS must create an easement across The Property, for continued use 'I ofthe overhead utility lines by public utilities and by owners of the Benefited Property , DECLARATION: ) DECLARANTS hereby create and grant to public utilities and to Joel H. Daniken and Jill 1. Daniken, husband and wife, owners of the Benefited Property (Grantees) a 10' x 20' triangular easement as shown on said Partition Plat and as described in attached Exhibit B, for location, use, and maintenance of overhead utility lines', subject to the following conditions: :, A. Grantees are responsible for repairing or replacing any items damaged during their repair or maintenance of the overhead utility lines, including but not limited to buildings, trees, shrubs, vehicles, utilities, and other items. B. This easement automatically terminates if utility service in an:'altemate location is made available to the property described in attache:a Exhibit B, C. This easement is not personal, but runs with the Benefited [.-:1'.:.,;j. The true consideration for this conveyance is other value. Date Received: QCT 2 0 2009 Original Submittal Exhibit A Legal Description of The Benefited Property < That property described in document No. 99068103, Lane County: Oregon Deed Records, being more particularly described thereon as follows: Beginning ata point 675 feet North and 440 feet South 890 30' \\:;est from the Northeast comer ofthe James Ebbert Donation Land Claim No. 7~ in Township 17 South, Range 3 West of the Willamette Meridian; Thence North 85 feet; thence South 89030' West 95 feet; thence South 85 feet; thence North 890 30' East 95 feet to the place of beginning, in Lane County, Oregon. Exhibit B Legal Description of Easement Beginning at a 5/8 inch iron rod marking the northwest comer of Parcel 2 of Land Partition Plat 2009 P . , as platted and recorded in Lane:iCounty Oregon Partition Records; Thence along the north line of said Parcel 2 North 890 30' 00" Ea!;t 20.00 feet; Thence South 630 01' 58" West 22.44 feet to a point on the east right-of-way line of 26th Street; < .thence along said right-of-way line North 000 00' 47" West 10.00 feet to the point of beginning. Date Received: oct 2 0 2009 Original Submittal " ~,\lvl =----- GeOf~y\sen. State of Oregon) County of Lane) On this l"t i-/..... day of C)Lieb~r .2009, personally appeared b,efore me the above named Geoffrey Cossen and Elizabeth A. Cossen who acknowledged the foregoing instru7,nt to be their voluntary act and deed. /, . 4' tlL~~___ Not~ for1Jtegon. - M?~ommission Expires: ~w,:)O I ~ J . , . Dated this I q #... day of Dt..h> I:,d" . 2009. alx-{h a/; f1JS~ OFFICIAL SEAL WESLEY R CARDWELL NOTARY PUBLIC, OREGON COMMISSION;NO, 441595 MY COMMISSION EXPIRES AUGUST 3, 2013 Date Received: OCT 2 0 2009 Original Spbmittal '. AFTER RECORDING, RETURN TO: Ge.Of'F r..OS~PJ-L 4Lj.~ E. o:y,~ AV. -.EUBF',l-J.F"~r.2. Q1405 AFFIDA VIT OF CONSENT For PLATTING THE PROPERTY OF GEOFFREY AND ELIZABETH A'. COSSEN Whereas Geoffrey and Elizabeth A, Cossen are owners of property as 'descfibed on that Statutory Warranty Deed recorded December 7, 2007, Document 2007-081"091, Lane ,. County Oregon Deeds and Records, attached hereto as Attachment A; and 'I, Whereas Geoffrey and Elizabeth A, Cossen desire to record a partition plat:'dividing their property into two parcels; and ' Whereas dedication of public right-of-way and creation of public and private easements , is required to partition the property; and , Whereas Mortgage Electronic Registration System, Inc(MERS) aDelawar~ corporation, is the beneficiary of that Deed of Trust-recorded December 7, 2007, DocuIT)ent 2007- 081092, Lane County Oregon Deeds and Records; and Whereas Oregon Revised Statue 92,075 requires consent to the platting of properties irom mortgage or trust deed holders if the platting includes the donation ofIand to public use; , Now therefore Mortgage Electronic Registration System, lnc does hereby consent to the platting of said property as Land Pmiition P20009- , Lane County Oregon Plat Records, and to the dedication of public right-of-way and public easenients as shown thereon. Dated this f ;/ day of () €.I-, .2009 Mortgage Electronic Registration System, lnc By: U1'J'\/rtljt \~^li\ UWDl. - 0 (S (gnature) ASSISTANTSECRETAR'I lI.\'i-\\l"\ilI1W:U/iIiIII,, ~NYBROUwER ,,\\\\\l~ame:ig}~.."" '.~~ . ',.,,'-\,..>......,";.('P' ) J~r....'....:',.go~xr€' ......'i ,nnt f /;;~:~o\~' J'~~:>:;;~>';t - . . (.:' .., o u; . 1 f' "9 .' c' ;.-, (D', ,;1;,;1 : rri i~ \~~f;<'L."W~~{<'.~1i:i Ii",. Wt "'-"11'11""___:"" Title: Date Received: OCT 2 0 2009 Original Submittal " . STATE OF IOWA COUNTY OF BLACK HA WK ss: On October 12,2009, before me, G. Hintz. a notary public in and for the said county, appeured Jenny Brouwer to me personally known. who, by me duly sworn did say that she is the Assi!,tnnt Secretary of IVIEJl.S, Mortgage Electronic Registration Systems, Inc. named in and which executed the within instrument- and that the seal affixed to the sClid instrument is the corporate seal of the said Corporation and the said instrument was signed and s'ealed on behalf of the said Corporation by authority of its Board of Directors and acknowledged the said instrument to be the free act and deed of the said Corporation. I! WITNESS my hand and notarial seal. ;/, jJ I ' My Commission Expires: July 11:2012 .I ~.Hin~ '~N::;:X ...,," , ^ o . , - -(l "';:," 9- IOWA G. HINTZ COMMISSION NO,1910n MY COMMISSION EXPIRES July 11, 2012 Date Received: OCT 2 0 2009 Original Submittal IMPROVEMENT.AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; Includes Waiver of Right to Remonstrate) IN CONSIDERATION ofthep9ve"Fflts herein rsciled, th~ Cityqf SJlringfield~hereinafter referred to as City, and '0/rvl'l-~ -..l el, "ld Of,~ I rf,<J2r-. hereinafter referred to as Applicant(s), d covenant aha agree with respeC! t6 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 l ~()SSA^' P'Jut' .\c. l' ~ ~ 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 arid 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 improverTle.nts. (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' G-..st- to include: 0 surface paVing;~ storm sewers; U sanitary sewers; U curbs; o gutters; 0 planter stripS; street trees; ~reel lights; riiltidewalk~. . ,..lJ c... tc... (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS (Bar Code Slicker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97471 I:IPVIIF"""".ndAfJp_n.\2001""II~otl~mont";'ee""ntlneludlngNotlo.cfPatlnll.'A.1""",,",Uln-lndMdull,d"" REVISEDAugu.~ 2007 PIgol<>13 Date Received: OCT 2 0 2009 Original Submittal 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 classiflcation of the street as those standards exist at the time the improvements are made and may, therefore, differ from the list of improvements checked herein. 7. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: - --- TaxMap&LotNo.: /7':"03-'36--1/ .:f:pfCzoD Property Address: ';U:'J:;-l. If:t b 5 LI ~ 51-. ' 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. g. 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 covenanls 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 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. I'PH F""", end ,"",pIlclUan'I2007 ""gUlt IlTJl>ItI'o'e""'''''''U'''''''''''' ItK:bdlng Notb of PotentialAo..,,,,,,,m lion -lncIMduot.doc PIgl2al3 REVISED Auguot,2001 Date Received: OCT 2 0 2009 Original Submittal WHERIifOR~ the p~rti~s have hereunto set thj~ hand this q!t!l day of <.....p f)IP %Yl t::l0f' , 20l!::l-' . ~lG~TW"{~!: 'r(AI1.I~' ,heM ~." v CU~"\ 1- . PRINT f'WJlE(S):~. t ~ . ... . \. e\l'U loc(')"\f\. ~O'{d'>>--:' G-eo~,~ Cc;>sSeV\ STATE OF OREGON } 55 . \) . COUNTY OF j.u !'loP BE IT REMEMBERED that on thiS~ day of 50 'I\P.m tpx- , 20il before me, the undersigned, a nO:i:l,~~iU-h~ for t. lid CO<p;1!y: and State, personally appeared the within named' . C\fJi''f. .h>.J,Il C/;f<o"() whose identity was. proved to me on the basis of satisfal'lory evidence and who executed the within instrument and acknowledged to me that -the" executed the same freely and voluntarily. ' IN TESTIMONY WHEREOF. I have hereunto set my ha .the day and Year~::~:v::tten ~~~. KRISTA K SCHNEIDER J"vtary P[jblic r Ore <.j Ngci:is~~W~K,o~~N 7/6//3 /of'( COMMISSION EXPIRES JULY 6, 2013 My Commission Expires CITY OF SPRINGFIELD Reviewed and approved By Development Services Departmenl, Planning Division (No notary required) Accepted by Dennis P. Ernst - City Surveyor STATE OF OREGON COUNTY OF } 55 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 acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written, Notary Public for Oregon My, Commission Expires I.IPN F""", .'''1104>~kllUan.I2001 AUOUr! Imp"""''''''n! ...g'......!'IIl'>c:klding Natlc. oIPotehlil1 A.n.......m Uoon _ IndMd,,"I.doc PI;o3"!3 REVISEOA\fVW~2001 Date Received: OCT 2 0 2009 Original Submittal , . EXHIBIT "A" Commencing at a point 540 feet North and 440 feet South 890 30' West of the Northeast " comer of the James A. Ebbert D.L.C. No. 74 in Township 17 South, Range 3 Wet of the Willamette Meridian, in Lane County, Oregon; thence South 890 30' West 95 feet; thence North 135 feet; thence North 890 30' East 95 feet; and thence South 135 feet to the Place of Beginning; all being in what is known as "HOME ACRES" Ross M. Small's subdivision lying East of Springfield, Lane County, Oregon. Date Received: OCT 2 0 2009 Original Submittal " IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate) IN CONSIDERA nON of \AI' covel'W'ts herein recited, th~t of Springfield, hereinafter referredtoasCity,andkl'(-'lofl!J{,lV(., 'P!,7C,' Q (rJ5f'P1/\, hereinafter referred to as Applicant(s), djovenant and gree with respect to the real property described below as follows: GR:)Q\=\-p'<)' e II~ be\:~,- cJ:::>6Se v'\ 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 C;itYfwit~ respect to the following Development Application en <. c.f>V\ F n f' t, , '" ~ 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 improveme'nt 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. .k. 6. (a) STREET IMPROVEMENTS along the frontage of :d (.:.,-t c:, L> e. to include: 0 surface paving; 0 storm sewers; -6\ sanitary sewers; U curbs; . 0 gutters; 0 planter strips; 0 streel trees; 'I streetlights; ~ sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS (Bar Code Sticker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 I:\PW Farm" oM ","pic.olionol2007 A~uu.llmpro""mel'Jt AU'U""'hl "'ekJding NOli"" of Potentl.1 A....lment Uen _lndMduII.doo REVISED Augult, 2007 P1o.'013 " Date Received: OCT 2 0 2009 Original Submittal I 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 Ihe time the improvements are made and may, therefore, differ from the list of improvements checked herein. 7. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Property Address: _": - L. TaxMap&Lol~017-0'3'- ~6 -(I -#7/00 p-.r)~ <de:, h~, 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 ali 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 purchase~. of this property, you are advised to discuss this Agreement with an Attorney of your choice. Execution and recordation of this Agreement will piace 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 Reai Property described in Section 7. 'IPWF~rms.nd"'oplleatlonol2tl(l7Augu.'I""'''''''''''...n'Ag'''.''''''''lncludingNotio. 01 pot.nll.1 As....ment Li.n. IndMdu.tdOC REVISED AugulL 2007 Po;02013 Date Received: OCT 2 0 2009 Original Submittal . , . .\ WHER~QR~/~~ partjes have hereunto set th<>i\.hand this qtt- day of '-10 ~vWbP;Y , 20rt1..... ~'$r:;:g~~~1' ~ ~ ~S;~:f A~ STATE OF OREGON COUNTY OF 55 BE IT REMEMBERED that on this q 1;1. day Of~' !f\'1 b:>.r , 20<Ei before me, the undersigned, a notarY. public in and for s' tountt and State, personally appeared the within named <;.: 1c7('j-yJ~ ../.foPr. .}, ((';r-;:,.QOA'\ whose identity was proved to me on the basTs of satisfa'ctory evidence and who executed the within inslrument and acknowledged to me that ~ executed the same freely and voluntarily. ~J!tA &--- C V '> c..ft--- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~ . ,(; . OFFlCW.llEAL otary Iic fofOregon-..... \ ,kRl8TAIUICHNElIlER 7/ b/ 13 ""./ ~PUllUC. ~."".."... ~ Commission Expires MYIYlU.....=..:.,.~'" ,HO.4407B9 -"".........JlJfX6,2OI3 j CITY OF SPRINGFIELD Reviewed and approved By Development Services Department, Planning Division (No notary required) Accepted by Dennis'P. Ernst, City Surveyor STATE OF OREGON COUNTY OF } 55 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 acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon My Commission Expires I.\PW fo"". and AfJ~IICOItion'\2001 Au~u.llmp'o""manl Ag,eemenllnellJdlng Nolle. ofPolflntial A..n.mant U.n _'ndlvldual doc REVISEDAugu.I,2001 Paga3o!3 Date Received: OCT 2 0 2009 Original Submittal . . . EXHIBIT "A" Commencing at a point 540 feet North and 440 feet South 890 30' West of the Northeast corner of the James A. Ebbert D.L.C. No. 74 in Township 17 South, Range 3 Wet of the WiIlamette Meridian, in Lane County, Oregon; thence South 890 30' West 95 feet; thence North 135 feet; thence North 890 30' East 95 feet; and thence South 135 feet to the Place of Beginning; all being in what is known as "HOME ACRES" Ross M. Small's subdivision lying East of Springfield, Lane County, Oregon. Date Received: OCT 2 0 2009 Original Submittal I