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HomeMy WebLinkAboutCorrespondence PLANNER 11/4/2010 . . L1MBIRD Andrew From: Sent: To: Subject: L1MBIRD Andrew Thursday, November 04,201012:00 PM LEAHY Joe (HL); DRISCOLL Jon Finalized Finding & Condition .1 took your suggestions and combined them into a modified finding and condition. If I have omitted anything or the revised language does not meet our desired intent, please let me know. Thanks Finding: ''The lots proposed for property line adjustment are subject to Conditions, Covenants and Restrictions (CCRs) and 5tormwater Maintenance Provisions 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 ofthe Levi Landing subdivision a.pproval issued 8/9/2000. Upon property line adjustment, the CCRs and conservation easement will remain in force and effect on each of the adjusted lots. Each property owner will be obligated to maintain the conservation easement area on their adjusted lot - including any private stormwater management facilities therein - in accordance with these recorded agreements. To ensure the fot owners are fully 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." Condition: 1. Each lot owner shaH comply with the terms and conditions of the foHowing, 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 shaH be signed and notarized by the lot owners and recorded prior to recording the Property Line Adjustment deed. 1 L:dt~ heceived: //"/,)0'0 Planner: AL / . . . ::rDE" L-E1'\/-Pi' s 8:,,1 T.5 1. Tile alllllieaRt mll~t Each Lot Owner shall comply with the terms and conditions of the recorded Conservation Easement (Document 2001-058002), the Levi Landing CCRs and Stormwater Agreement with respect to stormwater (Document 97-73716 as twice amended; document nos. . and ), and the Levi Landing Subdivision Approval with respect to stormwater issued August 9, 2000. The applicant shall provide a signed and notarized atllRElwledgemeRt Acknowledl!ement of these terms and conditions and record such Acknowledl!ement prior to recording the Property Line Adjustment deed. The Acknowledl!ement shall be prepared bv the City. " :;,"c;"'I'Jed:~/N/O Planner: AL / . L1MBIRD Andrew . From: Sent: To: Subject: Attachments: DRISCOLL Jon Wednesday, November 03,20104:13 PM L1MBIRD Andrew FW: Levi Landing PLA Levi Landing -HISTORY.docx Andy, Besides the issues we've resolved with Joe, there are a couple of issues on the PLA's I found. Please note that each (all 97) of the exhibits need have the "Situated in Eugene" changed to "Situated in Springfield" -including the one for the Quit Claim deed. Also, on each of the three PLA's, there is a very bold misspelled word (THERFOR) about a third of the way down which Renee might want to correct. , Sincerely, .fon- Jon Driscoll PLS, EfT, WRE Surveyor City of Springfield, Public Works 225 Fifth Street Springfield, OR 9747B Phone: (541) 726-3679 Fax: (541) 736-1021 idriscoll@cLsprinqfield.or.us . 1 Datn Received:.l!.1-1..Jo1d Planner: AL r . . , 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, f'o~ Jon Driscoll PLS, EfT, WRE Surveyor City of Springfield, Public Works 225 Fifth Street Springfield, OR 97478 Phone: (541) 726-3679 Fax: (541) 736-1021 jdriscolI(Ci)ci. sprinqfield, or, us From: 11MBIRD 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 EtSrFflwater .^,greeFfleRt 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 The applicant 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 ~ 4.l Date Received: /1 '11~/O / Planner: AL 1 , . . '\ 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 Date Heceived:-Lf-~/JM Planner: AL / 2