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HomeMy WebLinkAboutMiscellaneous APPLICANT 6/2/2006 (2) 05/31/2006 08:46 FTP . . ~ Scanner I4i 001/008 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 ~~~D.ij31~~J $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 . '. tk 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: Planner~ ~ - 2:-Dh 3D 05/31/2006 08:46 FTP . . -) Scanner ~ 002/008 (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 Planner. 3D 05/31/2006 08:47 FTP . . ~ Scanner Ig] 003/008 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 r - - - - ~~WtAHO -I . Q,.l... (11' 1#1.73326 J NoIaIyNllc-~ Sanla ClaIa CounIv - MrCOlllm. __ ,.,29. - - - - - - - - - - - -~ Date Received: ur'!,-60 Planner: ,- 50 05/31/2006 08:47 FTP . .~ Scanner Ig] 004/008 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 10888927v4 Date Received: Planner: b-Z.-o?::> JD 05/3}/2006 08:47 FTP . . . Scanner I4J 005/008 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 Date Received: Planner~ Io-Z~DP aD 10888927v4 " 05/31/2006 08' . .47 FrP . . ~ Scanner I4J 006/008 , r Ir:Jl.H.H'J' "8- . ill~~ · ~ ",~i .q"' ai! ! I II! II ~~~ l:l~ !h ~ II ~~! led2 ::2 ". ~ h ~ . . ,I Rr:~i! i;~8i!151 B;I ::;1 ~I qd !! ~ ~ ~ ~ l.l,.,.,I.,! ~ ~ ~ ~ " . 'i' ' 1 1''''''" "riji , ,,\' II' . · P · " 0" .... ~ d ~ Ii ~ i i dl!~~I;;~I'r,l.: II pl. ill!l ~ I dl i! · ~" - "1'1" i ~ !~ !~ l~ " ..~ ~~m ~ .11 . . 0 II ~ ~ '!1'1" --.i " ..-, ~' ' IIi !doll II I ., r---~~----'- ......' , I ~ ~ ~ ~ H J I'! lq --- !'l'.~~"ilIf - -m_r I , -f--I' ~.> I ,~ . , I i:;- ~~I I.I~' ;~~ ~~H ,:L I: / !~I l~ ~I :!! ~ i ~ _~. I!. · ~ '. I m .~ : f\I,C1 ~ .,.~..., ! : (J~ ! I: pf I ~ ! 1.1 . ~ g~1 j i ! ill 2:;i ~i:f ill'~' ~ I:i; ~ ~~.~. II!': I -~ I, ,j ~ tJll3 ,.\,' '- I ~ I ~' . !. " , ~ ,.,,,! ! I I ~ il~ j ~ I, ~J : i j ~, I ~~ ~l : !l~ _!--, .n~' l,!j!!' !~I J 1 . ~.B~l 5. I' !i " ,~I' .. i ~I', .. 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