HomeMy WebLinkAboutAgreement APPLICANT 1/31/2011
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(Pursuant to ORS 20S.130(2)(a))
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DATE:
PARTIES:
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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City of Springfield, a Municipal
Corporation of the State of Oregon ("City")
22S Fifth Street
Springfield, OR 97477
1111111111111111111111111111111111111111111111111 $57,00
0120111220110003597004004801/24/2011 11:27:59 AM
RPR-REST Cnl=l Sln=9 CASHIER 06
$20.00 $10.00 $11.00 $16.00
and
Brian Gesik and Cheryl Gesik,
Husband and Wife ("Gesik'')
5718 Jacob Lane
Springfield, OR 97478
Owners of the real property more
particularly described and set forth
in Exhibit A attached hereto and
incorporated herein by reference.
CONSIDERATION: The consideration for the recordation of this Agreement to Gesik is
the approval by the City of Springfield of Property Une Adjustment, Case No. TYPllO-
00003, dated November 8, 2010.
RECITAL:
Condition of Approval 1 of the Decision by City of Springfield, Case No. TYPllO-
00003, dated November 8, 2010, required:
"Each lot owner shall comply with the terms and conditions of the
following, particularly with respect to stormwater provisions: i) the
recorded Conservation Easement (Document 2001-058002); Ii) the Levi,
Landing CCRs and Stormwater Maintenance Provisions (Document 97-
73716 as twice amended; Document Nos. 2000-072060 and 2001-
058001); and iii) the Levi Landing Subdivision Approval issued August 9,
2000. The City will prepare an Acknowledgement document for these
terms and conditions for signature by the lot owners. The
AcknOWledgement shall be signed and notarized by the lot owners and
recorded prior to recording the Property Line Adjustment deed."
NOW, THEREFORE, based on the foregoing recital, Gesik agrees, promises and
covenants as follows:
1. Compliance. In compliance with that Condition of Approval No. I, Gesik is
executing this Agreement acknowledging and stating that they shall comply with
the terms and conditions of the following, particularly with respect to stormwater
COVENANT RUNNING WITH THE LAND AGREEMENT - Page 1
G....,", !",cceived:
Planner: AL
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provisions: i) the recorded Conservation Easement (Document 2001-058002); ii)
. the Levi Landing CCRs and Stormwater Maintenance Provisions (Document 97-
73716 as twice amended; Document Nos. 2000-072060 and 2001-058001); and
Hi) the Levi Landing Subdivision Approval issued August 9, 2000.
2. Perpetual. The conditions imposed by Condition of Approval No.1 are
perpetual and shall run with the land and are binding upon heirs, successors and
assigns of Gesik.
3. Oregon Jurisdiction. This Agreement shall be governed and construed
according to the laws of the State of Oregon. Any action or suit to enforce or
construe, any provision of this Agreement by either party shall be brought in the
Circuit Court of the State of Oregon for Lane County. The Circuit court of the
State of Oregon for Lane County shall have exclusive jurisdiction over all lawsuits
brought by any Party against any other Party with respect to the subject matter
of this Agreement, and each Party hereby irrevocably consents to such exclusive
jurisdiction and waives any and all objections it might otherwise have with
respect thereto.
4. Enforcement. The City may seek to compel compliance with the terms of the
covenant agreement by suit in Lane County Circuit Court seeking damages or
injunctive relief or both. In the event a suit, action, arbitration, or other
proceeding of any nature whatsoever, including without limitation any
proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an
attorney are retained, to interpret or enforce any provision of this Settlement
Agreement, or with respect to any dispute relating to this Settlement Agreement,
the prevailing party shall be entitled to recover from the losing party its attorney,
paralegal, accountant, and other expert fees, and all other fees, costs, expenses,
actually incurred and reasonably necessary in connection therewith. In the event
of suit, action, arbitration, or other proceeding, the amount thereof shall. be
determined by the judge or arbitrator, shall include fees and expenses incurred.
on any appeal or review, and shall be in addition to all other amounts provided
by law.
GESIK:
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Brian Gesik
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(NOTARY ON FOLLOWING PAGE)
COVENANT RUNNING WITH THE LAND AGREEMENT - Page 2
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Date i'16ceived: I ill )f)//
Planner: AL
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STATE OF OREGON)
) 55.
County of Lane )
This instrument was acknowledged before me on the J.:tf:b.. day ofJO-r\u.u~ .
20-I.L, by .J/lvY1e.5 1>0Y101l/Ml'l as Wban f'11Ullli ~ ~(,I.fe,VV\.l'av' of City of
Springfield.
.. OffiCIAL SEAL ..,
.. DEYETTE KELL'
.. -.. NoTARY PUBLIC. OREGON
.. MY co;~?:~~~~~~~R~i~J~\5, 2011
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Notary blic for Oregon f
My Commission Expires: 8 /5/11
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STATE OF OREGON)
) 55.
County of Lane )
This instrument was acknowledged before me on the if day of ~
20--1..L, by Brian Gesik.
OFFICIAL SEAL
CATHRYN M WILSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 442371
MY COMMIS~ION EXPIRES OCTOBER 17, 2013
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Notary Public for Oregon
My Commission Expires: .frJ-r=r, Xli ~
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STATE OF OREGON)
) 55.
County of Lane )
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This instrument was acknowledged before me on the;) day of -&<x\~
20.Jl.., by Cheryl Gesik.
. OFFICIAL SEAL
. CATHRYN M WILSON
, ./ N()TARY PUBLIC-OREGON
'.' COMMISSION NO. 442371
MY COMMISSION EXPIRES OCTOBER 17, 2013
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Notary Public for Oregon
My Commission Expires: Cct- (-=1-1 ;}e)13
COVENAI'JT RUNNING WITH THE LAND AGREEMENT - Page 3
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Date Received:*,p.M
Planner: AL
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EXlllBIT A
LANDS OF PARTY 1
AFTER PROPERTY LINE ADJUSTMENT
SITUATED in the City of Eugene, Lane County, State of Oregon in the Northeast 1/4 of the of
Section 34, Township 17 South, Range 2 West of the Willamette Meridian and described as
follows:
Lot 63 of Levi Landing Second Addition as platted and recorded in the Lane County Oregon Plat
Records
ALSO
Beginning at the most southerly southeast comer of Tract A of Levi Landing Second Addition,
Replat of Lots 59, 60, 61, 62, 67 and Tract D as platted and recorded in the Lane County Oregon
Plat Records; thence
Along the boundaries of said Tract A the following courses:
North 24030'58" East, 232.21 feet,
North 01006'59" East, 201.84 feet, and
North 88019'11" West, 204.86 feet to a point; thence
South 04056'32" West, 270.52 feet to the northwest comer of Lot 63 of Levi Landing Second
Addition as platted and recorded in the Lane County Oregon Plat Records, said northwest comer
also lying on the southerly boundary of said Tract A; thence
Along the boundaries of said Tract A the following courses:
South 88053'01" East, 170.34 feet,
South 24030'58" West, 151.85 feet, .
Southeasterly along a 120.00 foot radius curve to the right 16.55 feet through a central angle
of 07054' 12", the chord of which bears South 69026'08" East, 16.54 feet, and
South 65029'02" East, 5.50 feet, returning to the point of beginning.
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Date: r~eceived: ,h'/)QI/
Planner: AL / /