HomeMy WebLinkAboutMiscellaneous APPLICANT 6/2/2006 (2)
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RECORDING REQUESTED BY
AND WHEN RECORDED MAlL TO:
PlLLSBURY WINTHROP SHAW PITTMAN LLP
50 Fremont Street
San Francisco, CA 94105
Attention: Glenn Q. Snyder, Esq.
~
DivisiDn Df Chief Deputy Clerk
Lane County Deeds and RecDrds
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$61,00
1111I111111111111I111111111111111111I111111111111
00810305200600370930080088
05/30/200601:47:09 PM
RPR-REST Cnt=1 Stn=9 CASHIER 04
$40.00 $10.00 $11.00
(Space Above For Recorder's Use)
DECLARATION OF COVENANT
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TInS DECLARATION OF COVENANT ("Declaration") is made as of the r0
day of flAV , 2006 by SYMANTEC CORPORATION, a Delaware corporation
("Owner").
Owner hereby declares as follows:
Owner is the owner of that certain real property located in the City of Springfield,
Lane County, Oregon (the "City"), as more particularly described in Exhibit A attached
hereto and made a part hereof (the "Property").
Owner's Property is subdivided into two (2) separate parcels (each, a "Parcel",
and collectively, the "Parcels"), as more particularly described in Exhibit B attached
hereto and made a part hereof (the "Parcel Map"). .
Owner has built a two-story structure on one Parcel ("Phase r') and intends to
build a second mirror-itnage two-story structure on an adjacent Parcel ("Phase IT'), with a
two-story connection between the structures (the "Connection").
There is an approximately sixty (60) foot wide area located between Phase I and
Phase II, as more particularly described in Exhibit C attached hereto and made a part
hereof (the "Lot Line Area").
The City is requiring the following covenants pursuant to Condition of Approval
#8 of Site Plan Approval DRC2005-00047 for development of the Property.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in order to comply with the aforementioned
Condition of Approval #8, Owner hereby covenants as follows:
1. Prior to any sale by Owner of the Parcels such that they will not be owned by a
single owner, Owner shall (i) remove the Connection and any and all encroachments
Data Received:
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(including but not limited to covers, tanks, transformers or generators) preventing the Lot
Line Area from meeting the definition of a "yard" under the 2004 Oregon Structural
Specialty Code (the "Code"); (ii) cause Phase I and Phase II to comply with the external
fIre-resistance ratings provided in the Code, treating each Parcel as a separate "lot" under
the Code; and (iii) cause each structure to be provided with separate utilities or easements
and agreements as necessary for joint utilities.
2. During any time that the Parcels are not owned by a single owner, no new covered
building improvements shall be permitted or constructed on the Lot Line Area that would
prevent such Lot Line Area from meeting the defInition of a "yard" under the Code.
3. Notwithstanding the foregoing, performance of anyone or more of the covenants
in Paragraphs I and 2 of this Declaration shall not be required if the City Building
Official determines that the Oregon Structural Specialty Code then in effect does not
require such performance with respect to the Parcels, as determined by the Building
Official or other authorized representative of the City.
4. This Declaration is perpetual and shall run with the land and shall be binding
upon all Owner's heirs, successors, and assigns.
5. This Declaration is entered into for the benefit of the City. Accordingly, this
Declaration shall not be amended without the consent of the City. Owner shall not make
changes or modifIcations to this Declaration without written approval and required
permits from the City.
6. This Declaration shall be recorded in the Lane County Recorder's Office by
. Owner at Owner's expense and a copy of the recorded document shall be provided to the
City.
7. The provisions of this Declaration shall be severable and if any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to Owner is held
invalid, this shall not affect or invalidate the remainder of any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Declaration.
[CONTINUED ON THE NEXT PAGE]
Date Received: to - 2 -Ob
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8. In the event the City, in its discretion, detennines this Declaration is no longer
required, then the City may, at the request of Owner, execute a release of this
Declaration, which Owner may record in the Lane Comity Recorder's Office at Owner's
expense. This Declaration shall not be removed from the Property by Owner unless such
a release is so executed and recorded in the Lane County Recorder's Office by Owner at
Owner's expense.
. IN WITNESS WHEREOF, this Declaration was executed as of the date first
above written.
SYMANTEC CORPORATION,
a Delaw e co ration
By:
Name:
Its:
ARTCOU
l:ir. Vice I'reBldem
STATE OF c.A-l.- \ f'C<I"2N I A )
)
COUNTY OF ~Tt\ C-I..J'rl~.f't )
On m~ IO.2.tlDI. ,beforeme,J',p.N\ts,eWl.W1nI.{MI D, a Notary
Public in and for said state, personally appeared ~T Lou R VI U E; personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that
helshe executed the same in hislher authorized capacity, and that by hislher signature
on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
Witness my hand an official seal.
~111.vnUn~-wO
Notary Public in and for said S te
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EXHffiIT A
Real Property Description
That certain property in the City of Springfield, County of Lane, State of Oregon, described as:
Being a tract of real property lying in the South one-half of Section 15, Township 17 South,
Range 3 West of the Willamette Meridian in the City of Springfield, Lane County, Oregon and
which is more particularly described as follows:
Beginning at a point on the south right -of-way of International Way which bears South 000 00'
39" East a distance, of 68.00 feet and South 890 56' 08" West a distance of 61.92 feet from the
southwest corner of Parcell of Land Partition Plat Number 94-P0500, as platted and recorded in
the Lane County Oregon Plat Records; thence, along said right-of-way North 890 56' 08" East a
distance of 89.99 feet; thence along the arc of a 966.00 foot radius curve to the right, having a
central angle of 160 27' 09" and a chord bearing South 81050' 18" East 276,44 feet, a distance
of 277.39 feet; thence along the arc of a 1034.00 foot radius curve to the left, having a central
angle of 150 39' 34" and a chord bearing South 81026' 30" East 281.72 feet, a distance of
282.60 feet; thence, leaving last said right-of-way along the line created by that right-of-way
dedication recorded as Document No. 2003-027135 in the Lane County Oregon Deeds and
Records, South 840 44' 56" East a distance of 18.78 feet; thence along the arc of a 50.00 foot
radius curve to the right, having a central angle of 49008' 22" and a chord bearing South 380 13'
52" East 41.58 feet, a distance of 42.88 feet; thence South 000 00' 12" East a distance of 57.14
feet; thence South 110 39' 21" West a distance of 227.48 feet; thence South 000 00' 39" East a
distance of 37.62 feet; thence along the arc of a 145.00 foot radius curve to the left, having a
central angle of 140 58' 02" and a chord bearing South 260 33' 59" West 37.77 feet, a distance of
37.88 feet; thence along the arc of a 27.00 foot radius curve to the right, having a central angle of
48036' 20" and a chord bearing South 590 40' 18" West 22.22 feet, a distance of 22.90 feet;
thence South 830 48' 24" West a distance of 13.99 feet; thence South 000 00' 39" East a distance
of 44.24 feet; thence South 670 08' 34" East a distance of 34.91 feet; thence along the arc of a
26.00 foot radius curve to the left, having a central angle of 310 34' 00" and a chord bearing
South 370 12' 51" East 14.14 feet, a distance of 14.32 feet; thence along the arc of a 30.00 foot
radius curve to the right, having a central angle of 290 20' 22" and a chord bearing South 370 39'
26" East 15.19 feet, a distance of 15.36 feet; thence South 000 00' 39" East a distance of 326.40
feet; thence South 360 26' 30" West a distance of 15.13 feet; thence along the arc of a 20.00 foot
radius curve to the left, having a central angle of 290 02' 38" and a chord bearing South 220 18'
25" West 10.03 feet, a distance of 10.14 feet; thence along:the arc of a 50.00 foot radius curve to
the right, having a central angle of 58002' 16" and a chord bearing South 370 29' 40" West
48.51 feet, a distance of 50,65 feet; thence along the arc ofa 600.00 foot radius curve to the
right, having a central angle of 10009' 16" and a chord bearing South 770 01' 52" West 106.20
feet, a distance of 106.34 feet; thence South 840 44' 43" West a distance of 48.42 feet to the
right-of-way of Game Farm. Road; thence along last said right-of-way, as dedicated in the above-
described Land Partition Plat and reconfigured by the right-of-way dedication recorded as
Document No. 2003-032107 in the Lane County Oregon Deeds and Records, South 890 56' 00"
West a distance of 47.36 feet; thence North 000 04' 00" West a distance of 3.20 feet; thence
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South 890 56' 00" West a distance of 137.00 feet; thence North 450 04' 00" West a distance of
7.01 feet; thence South 890 56' 00" West a distance of 61.88 feet; thence North 00004' 00" West
a distance of 6.00 feet; thence South 890 56' 00" West a distance of 31.83 feet; thence South 000
04' 00" East a distance of 6.00 feet; thence South 890 56' 00" West a distance of 35.43 feet;
thence South 44056' 00" West a distance of 11.53 feet; thence South 89056' 00" West a
distance of 90.25 feet; thence, leaving last said right-of-way, North 00000' 39" West a distance
of 289.28 feet: thence South 890 59' 21 " West a distance of 3.46 feet; thence North 000 00' 39"
West a distance of 154.16 feet: thence South 890 59' 21" West a distance of 26.21 feet; thence
North 000 00' 39" West a distance of 532.08 feet to the Point of Becinning.
Containing 13.546 acres, more or less, all lying in the City of Springfield, Oregon.
And also including:
Beginning at a point on the south right-of-way of International Way which bears South 000 00'
39" East a distance of 68.00 feet and South 890 56' 08" West a distance of 61.92 feet from the
southwest comer of Parcell of Land Partition Plat Number 94-P05OO, as platted and recorded in
the Lane County Oregon Plat Records; thence, leaving said right-of-way, South 000 00' 39" East
a distance of 532.08 feet; thence North 890 59' 21" East a distance of 26.21 feet; thence South
000 00' 39" East a"distance of 154.16 feet: thence North 890 59' 21" East a distance of 3.46 feet;
thence South 000 00' 39" East a distance of 289.28 feet to the right-of-wav of Game Farm Road;
thence along last said right-of-way dedicated in Land Partition Plat Number 94-P0499 and by the
right-of-way dedications recorded as Reception Number 94-56457 and Reception Number 94-
56458 in the Land County Official Records South 8"90 56' 00" West a distance of 377.97 feet;
thence South 88003'32" West a distance of 305.72 feet; thence North 00000' 39" West a
distance of 985.57 feet to the south right-of-way of International Way; thence, along said right-
of-way, North 890 56' 08" East a distance of 653.84 feet to the Point of Beginning.
Containing 14.968 acres, more or less, all lying in the City of Springfield, Oregon.
5
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STRUCTURE
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EXHIBIT "C"
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