HomeMy WebLinkAboutDeed APPLICANT 11/19/2008
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Division of Chief Deputy Clerk
Lane County Deeds and Records
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After Recording Return To:
City of Springfield
c/o Leahy, Van Vactor & Cox, LLP
223 A Street, Ste D
Springfield, OR 97477
1111I11111111111111111111111111111111111111111111 $36.00
01037840200800629570030037 11/21/2008 09:27:52 AM
RPR-DEED Cnt=1 Stn=1 CASHIER 05
$15.00 $11.00 $10.00
Until Requested Otherwise,
Send All Tax Statements To:
NO <:u"""'f{ e.
DEED RESTRICTION/RESTRICTIVE COVENANT AGREEMENT
DEFERRAL OF PLACING UTILITY LINES UNDERGROUND
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RECITALS
1. Springfield School District 19 Is the record owner of certain property located at
615 Main Street, Springfield, Oregon, Map and Tax Parcel 17"03-35-31, Tax Lots
9200, 9300 and 9400, more particularly described and set forth in those certain
Warranty Deeds: dated January 5, 1999 In which the Burge Limited Partnership
is the Grantor and Springfield School District 19 is the Grantee recorded January
6, 1999, Reception #99000975, Reel #2501R; and, dated March 31, 1999, in
which Don R. Carter, dba C & B Parking Is the Grantor and Springfield School
District 19 is the Grantee recorded April 2, 1999, Reception #99029652, Reel
#2534R, Lane County Deeds and Records.
2. The City of Springfield issued a Site Plan Review entitled "Staff Report &
Decision" dated April 14, 2008 approving the remodel of an existing building and
the construction of the 7,500 square foot addition and associated site
development for a project known as the "A-3 Academy of Arts and Academics
Expansion", City of Springfield Case Number DRC2008-00018.
3. Condition Number 7 of the Decision dated April 14, 2008 specifies as follows:
"Condition 7: Prior to Final Site Plan approval, the applicant shall demonstrate,
to the satisfaction of the City, that all proposed plans for power, telephone, and
fiber optic utility service to the site meet the undergrounding requirements of the
SDC, in conformance with the policies of the Downtown Refinement Plan. In
addition, prior to occupancy, all utility lines to serve the site shall be installed
underground wherever possible."
4. Springfield School District 19 has requested the City of Springfield, acting by and
through its Development Services Department, to defer the requirement that all.
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utility lines to serve the site shall be installed underaround until such time as the
City of Springfield determines, in its discretion, that such utilities shall be placed
underground which determination will likely occur not later than when Springfield
Utility Board places one or more of their transmission lines underground in the
downtown area.
NOW THEREFORE, based upon the foregoing Recitals, which are expressly made a part
of this Deed Restriction/Restrictive Covenant Agreement, Springfield School District 19
agrees to the following restrictions imposed upon the real property more particularly
described and set forth in those certain Warranty Deeds dated: January 5, 1999 in
which the Burge Limited Partnership is the Grantor and Springfield School District 19 is
the Grantee recorded January 6, 1999, Reception #99000975, Reel #2501R; and, dated
March 31, 1999, in which Don R. Carter, dba C & B Parking is the Grantor and
Springfield School District 19 is the Grantee recorded April 2, 1999, Reception
#99029652, Reel #2534R, Lane County Deeds and Records.
1. Consideration. The consideration for this Deed Restriction/Restrictive Covenant
Agreement is City's agreement to defer compliance (i.e., underground installation
now as a condition of occupancy) with the requirement of Condition Number 7 of
the "Staff Report & Decision" for all utility lines to serve the real property
described to be installed underground until such time as the City determines, in
its discretion, that said utilities shall be placed underground.
2. Placement Underaround. School District 19 agrees that upon the determination
by the City of Springfield, Development Services Department, that the utilities
shall be installed underground, School District 19 shall place such utilities
underground at School District 19's own expense and said installation
underground shall occur not later than 180 days from the date of receipt of City's
written request for placement of the utilities underground.
3. Peroetual. Until such time as the Restriction is removed by the City of
Springfield pursuant to Paragraph 4 below. This Restriction shall be perpetual,
shall burden the property described in Recital 1 and shall run with the land and
shall be binding upon School District 19 and its heirs, successors, and assigns.
4. Release. Upon satisfactory installation of the utilities underground as determined
by the City of Springfield, Engineer, the real property more particularly described
and set forth in Condition 1 shall be released from this Deed Restriction/
Restrictive Covenant Agreement. The City of Springfield will prepare, execute
and record a release from this Deed Restriction/Restrictive Covenant Agreement.
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IN WITNESS THEREOF, the undersigned have caused this instrument to be executed
this 19 day of NcV~""Sta. , 2008.
SCHOOL DISTRICT 19
THE CITY OF SPRINGFIELD
By: '" j{''';hA.'~'6b
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By: ~<O~
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Development Services Director
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County of Lane
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STATE OF OREGON
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Persona II appeared before me this / q day of IJ. &oc~ . 2008 the
above named . acting as7Jif(f>I.'r of- & "nr:"M'('ffit'tPte
Springfield District 19 and a owle ed the foregoing instrument to be his/her
voluntary act and deed.
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OFFICIAL SEAL
SHERYL CRAMER
NOTARY PUBLIC - OREGON
COMMISSION NO, 421308
MY COMMISSION EXPIRES OCT 19,2011
STATE OF OREGON )
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County of Lane )
Personally appeared before me this (J.,o day of --.tJB1I-trrJxv, 2008 the
above named Bill Grile acting as Development Services Director for the City of
Springfield and acknowledged the foregoing Instrument to be his voluntary act and
deed.
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NOIMYfIIalC. Dnh~_
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Notary Public for egon
My Commission Expires: ~ d7, dal ~
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