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HomeMy WebLinkAboutCorrespondence PWE 11/4/2010 ! . . 'r I L1MBIRD Andrew From: Sent: To: Subject: DRISCOLL Jon Wednesday, November 03, 20104:03 PM L1MBIRD Andrew; LEAHY Joe (HL) RE: Draft Conservation Easement Language for PLAs Looks good, Andy. I've made a few suggested modifications in blue. Besides these, I wonder if it would be helpful to specifically state that each individual lot owner is responsible for his/her lot, rather than just refer to the "applicant" (i.e. group of lot owners). Specifying would remove ambiguity and place the responsibility squarely on each owner's shoulders. (See suggestions in orange.) Sincerely, fIo~ Jon Driscoll PLS, EIT, WRE Surveyor City of Springfield, Public Works 225 Fifth Street Springfield, OR 97478 Phone: (541) 726-3679 Fax: (541) 736-1021 id riscoll(5)ci. sprinQfield. or. us From: LIMBIRD Andrew Sent: Wednesday, November 03, 2010 3:04 PM To: LEAHY Joe (HL) Cc: DRISCOLL Jon Subject: Draft Conservation Easement Language for PLAs Draft Finding in the staff report: "The parcels proposed for property line adjustment are subject to Conditions, Covenants and Restrictions (CCRs) and Storm Water Maintenance Provisions Starmwater AgreemeAt for Levi Landing (Document 97-73716 recorded 10/29/1997), and as amended by Document 2000-072060 recorded 12/21/2000 and Document 2001-058001 recorded 9/5/2001), a Conservation Easement recorded in part against Tract A of "Levi Landing 2"' Addition Replat of Lots 59,60, 61,62,67 & Tract D" (Document #2001-058002 recorded 9/5/2001), and the conditions of the Levi Landing subdivision approval issued 8/9/2000. Upon property line adjustment, the CCRs and conservation easement will remain in force and effect on each of the adjusted parcels. Each owner of the adjusted parcel TRe aflfllicaAt will be obligated to maintain the conservation easement area on his/her adjusted parcel - including any private stormwater management facilities .therein - in accordance with these recorded agreements. To ensure the applicant is aware of their modified ownership and maintenance responsibilities under the provisions of these recorded agreements, staff advises that submittal of a signed acknowledgement will be required with the Final Survey." Draft Condition in the staff report: 1. The applicant must comply with the terms and conditions of the recorded Conservation Easement (Document 2001-058002), the Levi Landing CCRs and Stormwater Agreement (Document 97-73716 as twice amended), and the Levi Landing Subdivision Approval issued August 9, 2000. The applicant shall provide a signed and notarized acknowledgement of these terms and conditions prior to recording the Property Line Adjustment deed. 1 . Date Received:41J9'o Planner: AL . . f Please let me know if you have any editorial comments for this draft language, which will be included in all three property line adjustment staff reports. Thanks Andy ,+--..~ 2 Date Received:.lI/iJ/Jolo Planner: AL y..!1.