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Home My WebLink AboutEasement Easement 2007-3-28 I> ( Division of Chi~\'''i;DepulY Clerk Lane Counly Deeds and Records After Recording Return To: CIlYOf '5p(.l..'~f)aD PW - f:,u/<tI);'( SEC710N ZZ5 F,FT't1 ~-rr<cET 5"r::1\VG..F"E'I-D.cR. 97477 ., _ H . __,' _ _ . . . _ . __ __ . . _ _. . 0089471820010020547005005203/28/2007 08:13:01 AM RPR-REST Cnl=2 Sln=1 CRSHIER 05 $5.00 $25.00 $10.00 $11.00 2~~/.~2o~~f\ $51,00 " Until Requested Otherwise, Send All Tax Statements To: A/ hpk Tkc,elcr./Y'e~ llt:, F!(), ~cx iDSLJ, F~~J..e.tH' J {).p ~ 149 (') w\J\CV ~ \\rV ~~ DEED RESTRICTION/RESTRICTIVE COVENANT AGREEMENT AND TEMPORARY EASEMENT FOR LOTS 121, 123, 124, 126, 129, 130, 136 AND 137 OF MOUNTAINGATE SECOND ADDITION RECITALS 1. Alberts Development, LLC is the record owner of Lots 115 through 178 of MountainGate Second Addition, Lane County Filing No. Zoo 7 - Z-On;kf Recorded March ...2a., 2007, Lane County Deeds and Records. 2. Lots 121, 123, 124, 126, 129, 130, 136 and 137 of MountainGate Second Addition (the Affected Lots) have been identified as lots on which slope repair and fill replacement and privately engineered public improvement plan reconstruction work needs to occur prior to such lots being available for issuance of a Building Permit. 3. The City of Springfield, a municipal corporation of the State of Oregon, is responsible for the approval of the plat of MountainGate Second Addition, but wishes to assure that the Affected Lots shall not be available for construction until such time as all standards for final platting have been met, bonded or otherwise guaranteed in accordance with Springfield Development Code Section 35.100 - Final Plat Requirements. NOW THEREFORE, based upon the foregoing Recitals which are expressly made a part of this Deed Restriction/Restrictive Covenant Agreement Alberts Development, LLC agrees to the following restrictions imposed upon the Affected Lots in MountainGate Second Addition, Lane County Filing No. 2007 -1Jl52 I I Recorded March Z-R , 2007, Lane County Deeds and Records. 1. Consideration. The consideration for this Deed Restriction/Restrictive Covenant Agreement and Temporary Easement (The Agreement) is City approval of MountainGate Second Addition plat for recordation at Lane County in accordance 1 - --~.. -, with Springfield Development Code Section 35.100 - Final Plat Requirements as detailed below: A. All slope repair and fill replacement work on the Affected Lots shall be constructed, inspected and approved in accordance with approved Public Improvement Plans and Permits #P30454 and KA Geotechnical Engineer Report dated March 12, 2007 (the KA Report) as may be further modified with City of Springfield approval. B. All temporary measures necessary to accomplish work proposed by the KA Report and generally depicted on Exhibit 1 (Olson & Morris C1-C2) shall be removed, repaired or reconstructed to allow for public and private improvements suitable for typical residential construction. C. This document shall constitute a temporary easement upon the Affected Lots for all construction measures related to slope repair and fill replacement work described in A & B above. This easement is temporary and will terminate upon Release in accordance with Section 4, below. D. Design and reconstruction of the permanent public water system for the Affected Lots has been completed and accepted by Springfield Utility Board Water Department and Springfield Fire Marshal prior to the issuance of any B~ilding Permit or the import of combustible materials on the Affected Lots. Fire access shall be maintained at all times in accordance with temporary and permanent fire protection plans approved by the City of Springfield. 2. Peroetual,. Until such time as the Restriction is removed by the City of Springfield pursuant to Paragraph 4 below, this Restriction shall be perpetual and shall run with the land and shall be binding upon Alberts Development, LLC and its heirs, successors, and assigns. 3. Aoolicabilitv. No Building Permit Application shall be accepted by the City of Springfield for the Affected Lots until the City of Springfield has determined that all slope repair and fill replacement work described in the KA Report, as may be further modified with City of Springfield approval, has been completed for such lots, and the public water system described in Section 1D has been tested and accepted by Springfield Utility Board Water Department and the City of Springfield Fire Marshal. 4. Release. Upon satisfactory completion of the requirements set forth in Paragraph 3 above as determined by the City Engineer, all lots shall be released from this Agreement. The City of Springfield will prepare, execute and record a release from this Deed Restriction/Restrictive Covenant Agreement. Filing fees for said Release Document shall be paid by Alberts. 2 - .- ....- r..~~~__ 5. Transfer. Upon recordation of final plat all affected lots may be transferred, sold or conveyed, Provided However, such conveyance shall be subject to the terms and conditions of this Deed Restriction/Restrictive Covenant Agreement. ATTACHMENTS: Exhibit 1 IN WITNESS THEREOF, the undersigned have caused this instrument to be executed this Zo day of March, 2007. ::~ERTS D~:~ Todd Alberts, M~r STATE OF OREGON ) )ss County of Lane ) TH E CITY OF SPRINGFIELD By: ~:;)~ Kenneth J. Vogen~, CitY' En~eer --:tl - Personally appeared before me this 2D day of March, 2007 the above named Todd Alberts acting as Member of Alberts Development, LLC and acknowledged the foregoing instrument to be his voluntary act and deed. . '. .. . ~ -PJ-- )ft/J, . . OFF/CrALSEAL'" ~ L/~ . LORETTA S CHAPMAN . // NOTARY puauC-OREGON Notary Public for Oregonr MYCOMMISGS~~M~I,~~sNZb~9j~.1~OOg . My Commission Expires: 1(/3fJft9 ... .,....... ..'d .-----........1 STATE OF OREGON ) )ss County of Lane ) . Personally appeared before me this Z 2... day of March, 2007 the above named Kenneth J. Vogeney acting as City Engineer for the City of Springfield and acknowledged the foregoing instrument to b is voluntary act and deed. (9 OFACIALSEAL .""'" DENNIS P. ERNST . - .. NOTARY PUBLIC. OREGON '.' COMMISSION NO, 378021 '".. MY COMMISSION EXPIRES APRJl20, 2008 J 1 Notary Public for Oregon My Commission Expires: Ap/l.lL. 20; 'Z..u"t 3 -.IlI_L.~LlI,d.l'l,~I~~.w....k..::.wlJ... Io.l.... ~ la..l.,;;,A~~"JLdAfliiU~'-I""~~..~.....[.iIlli."'IiIJ..,~.h.;II"'I~.~.;IM..l.wJtjIltio\.I! ,,"I~ ,a: I jWIIli:.I~L4""-'lII."'~ .M..IlI.:t..li('lil i111II~llll.i;l.!JiII.JiI~lILIl.I'I. ::.II~I II,-.ii. I b_ ~.... ~.... 1"----- I ; iiil ~ ..~ ~ 21>.0' I i -PRrvAf[ ~ UllUTY ~M~m \ ,rtrl ~ ~ 218.1' fiIfU"88"IIW' l / I it!'" ~!l" !~!:l :a! ~H ;If :h il.X X' in IU ! ;.il j~ 1!I ,i(,i(~ 1lJ: 5 s~a ~: = al!ll l g =_U'_'] , (f) :r: '" g, Q, tTJ " .tTJ ! -1 I ,I -'-Ii ! .. -1 =--------.- _____________u_________ " Building Envelope Plan {or Mountaingate Phase lIIB Lotsd 55. 58. 59 &:: 65 Jg" .. r-~g ~ ~ x > < M Z l.Il [!j <:> <: Vi (5 z {?~ II " I' I' ,I Q ;; ;;: ;! ~ ~r' ~\ r ~ \I' ~ J- ;j HE:VISJONS: ~ _._---~ -_._----_._------------ Olson & ~ Morris _ -~L O"'TE.~~ P~OJ!;;CTl"<> J1"" SC....lEo'...,...J..i"". ~ !;XPIRI;S ,~ OR"'''I'II\", _"" I.lt.5IGNEOBY,~ CHIKt;l;DBI',:D" 'Springfield Lane County Oregon ~.- JeOO5l'.5U1(2CO ~Qll.IlH7 1'tO(; 1)&1) m.,18O r"..()4I)~mJ ..........."...... OD Consulting Engineers & Surveyors - n gli "'~ .. .... lie !! ;;; I 'llI __~___. -->I>--I\"f-- C:)_. _ _ __-:: I ;-r-=-""';~==: I : / >I I j I I' Ii h '" z o ~ _--"-'---~--=j __.u_______ r REVISIONS:_ ~ ! 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