HomeMy WebLinkAboutApplication APPLICANT 10/16/2009
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Final Site Plan Review
A Iicant Name: Afi a A artments
Com an :
Address:
c/o Shelter Care
Phone: 686-1262
Fax:
PO Box 23338, Eu ene, OR 97402
A licant's Re .: Anne DeLane
Phone: 683-8661
Com an :
Address:
Ber sund DeLane Arcitecture & Plannin ,PC
Fax:
683-1136
1369 Olive Street Eu ene, OR 97401
Owner: S rin leld Church of Brethren
Phone: 746-2278
Fax:
Com an
Address:
1072 Main Street, S rin field OR 97477
ASSESSOR'S MAP NO: 17-03-35-41
TAX LOT NO S : 4600,47004800,4900
Address: 1062,1072 and 1082 Main Street
Size of Pro e
,29
Acres IZ1 S uare Feet
Description of If you are filling in this form by hand, please attach your proposal description to this application,'
Pro osal: Attached
Existin Use: Multi-fami! residential, Church and small retail Tentative Case #: DRC2009-00029
Si natures: Please si our name and date in the a riate box on the next
Associated A Iications:
" Case No.:: (<..L
- 6S't>"2J
Date: {O (, 60 Reviewed b
A lication Fee:
(;:)
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Technical Fee:
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TOTAL FEES:
PROJECT NUMBER: P
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Date Received:
OCT 1 6 2009
Revised 1/1/08 Molly Markarian'
Final Submittal
1 of 4
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Signature
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I represent this application to be complete for submittal to the City. I affirm that the information identified by the
City as necessary for processing the application is provided herein or the information will not be provided if not
otherwise contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
Owner:
~Y17.Wi~
Signature
Ann Eikenberry
Print
Revised 1/1/08 Molly Markarian
,)}~ ;(~ Date: \0/14/
Dale Seese
Date Received:
OCT f 6 2009
Final Subrnittai
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Final Site Review Submittal Project Description
Afiya Apartments
Map 17 03 35 41 Tax lots: 4600,4700,4800,4900 (Subject Property is Tax lot 4700)
1082 Main Street (Address of Subject Property)
Springfield, OR
Project Description
Afiya Apartment, Inc is proposing to develop a three-story, multi-unit supportive housing complex. The
project is funded through a Federal HUD 81 I program with additional funding through the City of
Springfield and Oregon Housing and Community Service. ShelterCare, Inc. is the sponsor for the project
and it will be managed through ShelterCare's Brethren Housing program, which currently occupies part
of the site. The new building will provide sixteen (16) I-bedroom affordable units that will serve low
income individuals. The building will include amenities including a multi-purpose room, resident's game
room, shared laundry, and management offices.
Site Description
The project site is located on Main Street, adjacent to The Springfield Church of Brethren (SCoB) and the
existing Brethren Housing (BH) residential units and offices. It is zoned Mixed Use Residential (MUR).
The proposed building is located on tax lot 4700, whose configuration will be adjusted through a
concurrent Property Line Adjustment Application that will facilitate future re-development of the
remaining parcels of the site. Access to the re-configured site will be guaranteed via a shared private
driveway by an irrevocable joint use! access agreement. All tax lots (Tax lots: 17-03-35-41 parcels 4600,
4700,4800 and 4900) will continue to be owned by SCoB. This parcel will be leased by Afiya
Apartments, Inc. from the SCoB for a minimum of 50 years (with 25 yr extension). Based on the new lot
size of .29 acres, the density of the project will be 55.4 units per acre.
The project site is bordered by a combination of existing commercial, institutional and multi-family uses
to the east and west and single-family homes across a public alley to the north. It is flat with several
significant trees that will be removed as part of the project. It does not contain any jurisdictional
wetlands. The site is served by public sanitary line and overhead electrical power in the alley, as well as
public water and storm lines in Main Street.
Date Received:
OCT 1 6 2009
Final Submittal
Afiya Apartments - Final Site Review Project Description
10/15/09
Page 1 of I
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· BERGSUND
· DELANEY
Date Received:
OCT 1 6 2009
. Architecture & Planning, Pc.
13r'9 Olivc Strcct Eugcn~. Orq~{)]) <)7401
1': .).j! (is.1 ~(i(il I': .~41 (i:-!3 I 13'i
www.bdJr<.ll.ll{"t
Final Submittal
October IS, 2009
Molly Markarian
Development Services Department
City of Springfield
225 Fifth Street
Springfield, OR 97477
Dear Ms. Markarian:
Following are the Conditions of Approval listed by number as presented in the Site Plan Review Staff
Report and Tentative Decision. Actions taken and current status are stated for each Condition of
Approval.
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Condition I - Private Utility Easement over Existing Sanitary Lateral
Please see attached DRAFT "Declaration of Private Sanitary Sewer Easemenf' prepared by Poage
Engineering for the City's Review and Approval.
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Condition 2 - Specifications for proposed catch basins and O&M Plan
Please see attached "Standard Maintenance Agreement for Installed FloGard" for City's review and
approval.
otY Condition 3 - Rain Garden Functionality .
To be completed prior to occupancy.
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~, Condition 4- Addition of note to Grading & Landscape Plan regarding site work for rain garden.
Please see revisions on grading and landscape plans.
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l) Condition 5 - PUE for transformer .
Please see attached DRAFT Springfield Utility Board Public Utility Easement for City's and SUB's
approval. Also, see Sheet C-002 for Easement Notes and plan documentation.
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fl'j Condition 6 - Public Water Easement for new water line.
Please see attached DRAFT "Public Water Utility Easement" for City's and SUB's review and approval.
Also, see sheet C-002 for Easement Notes and plan documentation.
01Y Condition 7 - L TO Bus Stop Modifications
To be completed prior to occupancy
oVJt"'j Condition 8 - Planting Areas, Irrigation System, and Nursery Tags
Planting areas and irrigation system to be installed prior to occupancy. Please see sheet LA-2 for note
regarding nursery tags.
Afiya Apartments'. Site Review Final Conditions
10115/09
Page I of2
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rJ.Il"'J Condition 9 - Uniform site-obscuring screen for trash enclosure at south and east elevations
~ Please see revisions on the Trash Enclosure Elevations on sheet A103 and notes on LA-3. Screening will
be completed prior to occupancy per SDC4.4-11 O.
~lf if Condit'ion 10 - Fence along east property line of proposed development
Please see sheet A 10 I for notes regarding the fence along the east property line and 5/ A 103 for a detail of
the fence. The fence will be in compliance with SDC 4.4-110 B.3.b prior to occupancy.
~ondition 1 I - O~-site lighting
. To be completed to meet requirements of SDC 4.5-100 prior to occupancy.
~~condition 12 - Planting height, size, and coverage
Please see the Landscape plan details on LA-3 for planting height, size and coverage. Landscaping to be
planted according to the tentative plan and conditions prior to occupancy.
jI'IY-Condition 13 - Trash enclosure access from proposed building
Please see sheets AIOI and C-003 for route to Trash enclosure.
"'.:7 Condition 14 - Plantings for Planter Islands
Please see note on sheet LA-3 for planting details.
fl'I/Condition 15 - Additional trees on the north side ofthe building
Please see sheet LA-2 for revisions.
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'l'i\'Condition 16 -Joint Use, Access and Maintenance Easement
Please see attached DRAFT Private Access and Utility Easement and Maintenance Agreement for City's
and SUB's approval. Also, see Sheet C-002 for Easement Notes and plan documentation.
"'f Condition 17 - ODOT Access Permit
ODOT is currently review the permit with anticipated approval by October 23, 2009. Approval will be
forward upon receipt.
Please call if you have further questions.
Sincerely,
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Date Received:
Anne DeLaney, AlA
Bergsund DeLaney Architecture & Planning, PC
OCT 1 6 2009
Final Submittal
Afiya Apartments ~ Site Review Final Conditions
10115/09
Page 2 of2
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Anne Delaney
From:
Sent:
To:
Su bject:
MARKARIAN Molly [mmarkarian@ci.springfield.or.us]
Thursday, October 15, 2009 9:39 AM
'Anne Delaney'
RE: Afiya SR Materials
Attachments:
4038e01 sub elec.pdf; 4038e02 joint use.pdf; 4038e03 sub watr.pdf; 4038e04 priv ss.pdf;
Gibson SPS-Maintenance Agrmnt.pdf
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4038eO 1 sub
elec.pdf (48 K8)
4038e02 joint
use.pdf (46 KB)
4038e03 sub 1038e04 priv ss.pdf Gibson
watr.pdf (114 KB) (41 KB) .Maintenance Agrmr
Anne,
I have received the draft easement documents for the SUB electric, SUB water, and private
sanitary sewer easements. I have also received the draft joint use/access/maintenance
agreement, and the draft maintenance agreement for the stormwater system. I will forward
them to the appropriate staff for review at the time the Final Site Plan package is
submitted: Thanks.
Molly Markarian
Planner II
City of Springfield - Development Services Department
541. 726.4611
mmarkarian@ci.springfield.or.us
-----Original Message-----
From: Anne Delaney [mailto:delaney@bdarch.net]
Sent: Thursday, October 15, 2009 9:33 AM
To: MARKARIAN Molly
Cc: Anne DeLaney
Subject: RE: Afiya SR Materials
Mo11y-
Here are the easements and the maintenance agreement via e-mail. I will you send me a
confirmation that you received this so I can show the counter person that I have sent then
in advance electronically?
Thanks- Anne
Anne DeLaney AlA
Bergsund DeLaney Architecture and Planning, P.C.
1369 Olive St.
Eugene, OR 97401
Tel. 541-683-8661
Fax.54l-683-ll36
www.bdarch.net
Date Received:
-----Original Message-----
From: MARKARIAN Molly [mailto:mmarkarian@ci.springfield.or.us]
Sent: Wednesday, October 14, 2009 8:16 PM
To: Anne Delaney
Subject: RE: Afiya SR Materials
OCT 1 6 2009
Final Submittal
Anne,
You can send them electronically if you wish. If you choose to do paper, I'd say five
copies. Thanks.
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Molly
From: Anne Delaney [delaney@bdarch.net]
Sent: Wednesday, October 14, 2009 3:58 PM
To: MARKARIAN Molly
Cc: Anne DeLaney
Subject: Afiya SR Materials
Molly,
how many copies of the draft easements and maintenance agreements do you need?
Anne
Anne DeLaney AIA<mailto:delaney@bdarch.net> Bergsund DeLaney Architecture and Planning,
P.C.
1369 Olive St.
Eugene, OR 97401
Tel. 541-683-8661
Fax.541-683-1136
www.bdarch.net<http://www.bdarch.net/>
Date Received:
OCT 1 6 2009
Final Submittal
2
After recording return t.
Springfield Church of the Brethren
1072 Main Street
Springfield, OR 97477
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Declaration of Private Sanitary Sewer Easement
RECITALS:
Whereas: Springfield Church of the Brethren (DECLARANT) is the owner of two abutting tracts
of real property located in the Southeast one-quarter of Section 35 in Township 17 South,
Range 3 West of the Willamette Meridian referred to herein as Tract 1 and Tract 2
Whereas: DECLARANTS have received tentative planning approval to adjust the common
boundary between Tract I And Tract 2 under City of Springfield Journal No. SUB 2009-
00016. After the recordation of a property line adjustment deed the legal descriptions for
the adjusted boundaries of the Tract I and Tract 2 properties will be more particularly
described as follows:
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See "Exhibit A"
Whereas: After completion of the property line adjustment the Tract I property will no longer
have direct access to the public sanitary sewer:
Therefore: DECLARANT does hereby declare their intent to create a perpetual nonexclusive
easement for the installation and maintenance of a private sanitary sewer service lateral
over a strip ofland 5.0 feet in width located within the as adjusted boundaries of Tract 2 for
the benefit of the as adjusted boundaries of Tract I and being more particularly described as
follows: '
See "Exhibit B"
This Grant of Easement is made on the following terms:
2.1 PURPOSE. The easement is created to provide for a sanitary sewer service lateral connection
to the public sanitary sewer.
2.2 USE OF THE BURDENED PROPERTY. The owner or occupiers ofthe as adjusted
boundaries of the Tract 2 property shall have the right to use their property, including the area
described in the easement area, for any purpose so long as the owner or occupiers do not interfere
with the use of the sanitary sewer lateral easement granted by this instrument.
October 14,2009
4038e02.wpd
Page' I of 5
Date Received:
OCT 1 6 2009
Final Submittal
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2.3 PRIVATE GRANT. The easement created by this instrument does not constitute a dedication
or grant for public use.
2.4 MAINTENANCE AND REPAIRS. All costs and expenses incurred in the installation, repair
and maintenance of the private sanitary sewer seIVice lateral shall be borne by the owners of the as
adjusted boundaries of the Tract I property. However, any repairs necessitated by the negligence or
misuse of the easement area by the owner's of the as adjusted boundaries of the Tract 2 property or
their agents or invitees shall be the sole responsibility of the owners of the as adjusted boundaries
of Tract 2. Any construction or repair work shall be performed by a licensed, bonded contractor.
Notice shall be given to the owners of the as adjusted boundaries of the Tract 2 property prior to
the initiation of any work, except in the case of an emergency, and the grounds shall be returned to
their original condition after work has been completed. The owners of the as adjusted boundaries
of the Tract 2 property are to pay the real property taxes on the easement area.
3. SUCCESSORS IN INTEREST, RECORDATION. The provisions ofthis instrument touch and
concern, and relate to the use of the as adjusted boundaries ofthe Tract I and Tract 2 properties
and are intended to be covenants and restrictions running with the land.
Allproyisions of this instrument, inciudingthe benefits and burdens, arebinding,.ofl.and inure to
'the heirs;successors, assigns, transferees, and personal representatives of all parties who own the
as adjusted boundaries of either Tract I or Tract 2 .
Dated this
day of
,2009
Dale Seese, Recorder
Springfield Church of the Brethren
Oversight Council
Ann Eikenberry, Chair
Springfield Church of the Brethren
Oversight Council
Date Received:
OCT 1 6 2009
Final Submittal
October 14, 2009
4038e02.wpd
Page 2 of 5
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STATE OF OREGON )
) ss.
County of Lane )
On , 2009, personally appeared before me
, a notary public for the said state and county
the above named Ann Eikenberrv , being known to me or proved to me on a satisfactory
basis to be the same person who executed the declaration hereon in her authorized capacity as
Chair of the Springfield Church of the Brethren Oversight Council, and acknowledged the same to
be her voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my
seal.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Lane )
On 2009, personally appeared before me
, a notary public for the said state and county
the above named Dale Seese , being known to me or proved to me on a satisfactory basis to
be the same person who executed the declaration hereon in his authorized capacity as Recorder of
the Springfield Church of the Brethren Oversight Council, and acknowledged the same to be his
voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
Date Received:
OCT I 6 2009
Final Submittal
October 14, 2009
4038e02.wpd
Page 3 of 5
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"Exhibit A"
Tract 1
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4600
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 10[3'00" West 192.83 feet and
North 88055'12" East 480.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10" Street South 1 0[3'00" East 67.22 feet
to the True Point of Beginning; thence South 88055'12" West 29.24 feet; thence South 1 0[3'00"
East 10.08 feet; thence South 88055'12" West 5.54 feet; thence South 10[3'00" East 38.40 feet;
thence South 88055'12 West 85.22 feet to a point on the west boundary of that certain tract ofland
described in a bargain and sale deed recorded November 26, 1979 lnst. No. 7969955 Lane County
Oregon Deed Records; thence along said west boundary South 10[3'00" East 62.42 feet to a point
in the north margin of the relocated Main Street as said north margin is described in a deed of
conveyance registered in Book 14, Page 480 of the Certificate of Registered Titles as Reception
No. 31679; thence along the north margin of the relocated Main Street South 81055'58" East 60.80
. feet to a point in the east boundary of Block 7 of said Brattain's Addition to Springfield; thence
along the east boundary of said Block 7 South I 013'00" East 9.10 feet to the southeast comer
thereof, said point being on the north margin of Main Street 33.0 feet from, when measured at right
angles to the centerline of Main Street; thence along the north margin of Main Street North
89028'23" East 60.00 feet to a point which bears South 10[3'00" East from the true point of
beginning; thence North 10[3'00" West [30.24 feet to the True Point of Beginning, all in Lane
County Oregon.
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Tract 2
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4700
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and North
88055'12" East 360.00 feet from the southwest comer of said Block 7; thence continuing along.the
south margin of said east/west alley North 88055'12" East 120.00 feet; thence leaving said south
margin and running parallel to the east margin of lO'h Street South 10[3'00" East 67.22 feet; thence
South 88055'12" West 29.24 feet; thence South 1 013'00" East 10.08 feet; thence South 88055'12"
West 5.54 feet; thence South 1013'00" East 38.40 feet; thence South 88055'12 West 85.22 feet to a
point on the west boundary of that certain tract of land described in a bargain and sale deed
recorded November 26, 1979 lnst. No. 7969955 Lane County Oregon Deed Records; thence along
said west boundary North 10[3'00" West 115.70 feet to the point ofbeginni:t~~I~ Lane COV?ty
Oregon . ecelvea:
OCT 1 6 2009
October 14, 2009
4038e02.wpd
Final Submittal
Page 4 of 5
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"Exhibit B"
Easement Area
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Beginning at a point in the south margin of the east/west alley running through Block 7 of
. Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 472.25 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10" Street South 1013'00" East 67.22 feet;
thence South 88055'12" West 5.00 feet; thence North 1 013'00" West 67.22 feet to a point in the
south margin of said east/west alley; thence along said south margin North 88055'12" East 5.00
feet to the point of beginning, all in Lane County Oregon.
October 14, 2009
4038e02.wpd
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Date Received:
OCT 1 6 2009
Final Submittal
Page 5 of 5
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Stonnwater Protection
Systems
PO BOX 2851
Eugene, OR 97402
Phone: (541 )687-8672
FAX: (541 )344-0207
www.gibsonsteelbasins.com
Stormwater Protection Systems
A divis-ion of Gibson Steel Basins, Inc.
STANDARD MAINTENANCE AGREEMENT FOR INSTALLED FLOGARD™
Customer/Owner:
Service Location:
Filter Number &. Model: 0 FGP-24F Filters
SPS Job Number: .
Contract Term: (1) Year(s) Beginning 2009.
'Subject To Automatic Renewal"
Service Schedule:
Type of Maintenance Plan Ordered: Annual Service Plan (A) (1 Inspections, 1 Cleanings of Filters)
Contract Price: $.00 a year, $.00 per basin per cleaning.
Filte.r med!~ as required: $.00 ea. (priced per pouch (4 pouches per basin) if need~d.)
This Agreement is entered into between customer/owner and SPS, a division of
Gibson Steel Basins, Inc., as part of a maintenance plan formulated in accordance
with Federal, State and Local regulations concerning reduction of pollution from
storm water runoff and related matter.
1. Maintenance Record:
SPS will complete and keep on file, a FLoGard'" Maintenance record for each service. This record will
document all maintenance provided by SPS (only) for the quarterly, drain and filter types and type of
maintenance plan set forth above during the term of this agreement. In the absence of an established
maintenance program, SPS and the distributor of FloGard'" cannot guarantee the effectiveness of the
product or sustained compliance with EPA or other agency regulations and do hereby disclaim any and all
. liability for any malfunction and/or discharge of contaminants.
2. Regular Inspection and Adsorbent Replacement Procedure:
A. SPS will remove the inlet grate and set it to one side. Any loose dirt, silt, impediment or debris
resting on or in the immediate area surrounding the FloGard'" will be removed. As appropriate, the
filter cartridge or the one-piece top screen will be removed and set to one side.
B. The installed adsorbent material will then be visually inspected for pollutant saturation. Upon visual
inspection, and based solely thereon:
1. If Rubberizer'" adsorbent material is less than 50% coated with any substance, replacement of
the adsorbent will not be necessary.
2. If the Rubberizer'" adsorbent material is 50% or more coated with any substance, the
Rubberizer'" will be dumped or vacuumed from the filter and placed in a DOT approved
container. The filter will then be refilled to the appropriate level with Foss~~6eived:
OCT 1 6 2009
_ Final Submittal
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c., After inspection and, if necessary, replacement of the Rubberizer™ adsorbent material, the filter
cartridge or the one-piece top screen, as appropriate, will be replaced in the filter and the filter
replaced in the inlet structure. This agreement does not obligate SPS to repair or replace the inlet,
the inlet grate or the filter structure should any damage thereto be noted at the time of the
inspection. SPS assumes no responsibility or liability for the damage to the filters or inlet structure
caused by natural occurrences, accident or the intentional and/or neglect acts of any third party,
including customer.
D. SPS shall properly dispose of used adsorbent material in accordance with all appropriate rules, laws
and regulations from time-to-time existing.
3. Service Plans A, Band C:
A. Plan A is the recommended minimum and refers to standard sites (i.e., those that do not involve
high concentrations of petroleum hydrocarbons). If Customer ordered Plan A (see "Type of
Maintenance Plan Ordered", above), the fee charged will be as per the attached quote and shall
include two (2) inspections within one (1) year from the date of this agreement. One of the
inspections will include one (1) change of adsorbent material per structure. No additional
inspections or adsorbent replacement shall be performed without the prior verbal authorization of
Customer or its authorized representative at the site. Should additional inspections and/or
adsorbent replacements be necessary, the work will be quoted on 'a Site-specific basis.
B. Plan B is for the sites that involve high concentrations of petroleum hydrocarbons. If Customer
, ordered Plan B (see "Type of Maintenance Plan Ordered", above), the fee charged will be'as per
the attached quote and sh'all'ihclude three (3) inspections within one (1) year form date of this'
agreement. Two (2) of the inspections will include two (2) replacements of adsorbent material per
structure. No additional inspections or replacement shall be performed without the prior verbal
authorization of customer or its authorized representative at the site. Should additional inspections
and/or adsorbent replacements be necessary, the work will be quoted on a site-specific basis.
C. Plan C is for sites heavy with debris and pollutant loading. If Customer ordered Plan C (see "Type
of Maintenance Plan Ordered", above), the fee charged will be as per the attached quote and shall
include up to four (4) inspections during the term of this agreement and adsorbent changes as
deemed appropriate, not to exceed five (5) changes. If the number of adsorbent material changes
necessitated by the amount of debris and pollutant loading exceeds five (5) during the term of this
agreement, further adsorbent material changes will be quoted on a Site-specific basis.
4. Exclusions:
SPS is not responsible for damage to the filter system or any part thereofas a result of the
negligence or carelessness of others, including, without limitations, broken grates, broken or
damage inlet structures, or improper maintenance procedures by on-site personnel or other third
parties. Damage resulting from catastrophic occurrences, including fioods, is also excluded.
Although found to be very effective in substantially reducing petroleum hydrocarbon pollution of
storm water runoff, the FioGard™ is not guaranteed to be 100% effective. The tolerances have
been, however, when installed and maintained according to manufacturer's guidelines, well within
the EPA guidelines. Not withstanding the stated tenms, above, either party may cancel this
agreement upon thirty (30) days written notice to the other party via certified mail, return receipt
requested. Said notice shall be deemed delivered, and effective, upon the date signed for by the
receiving party. All prepaid charges hereunder shall be prorated based on the number of
inspections remaining to be performed.
This agreement is assignable and transferable upon thirty (30) days prior :It.rit1;en request.to SPS. A
$50.00 assignment/transfer fee shall be assessed against the assigning orltliltee~liij:le~d:
OCT I 6 2009
Final Submittal
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5. Automatic Renewal:
This Maintenance Agreement is for a term of one (1) year, and shall automatically renew for
subsequent one-year terms unless and until expressly cancelled by the Customer/Owner. All
renewals shall be for the Service Plan in effect at the date of renewal and shall be at the contract
price in effect for the applicable Service Plan at the date of renewal. Written notice of cancellation
of the Maintenance Agreement must be received by SPS via certified mail no later than sixty (60)
days prior to the end of the initial term or each renewal term thereafter. Should the
Customer/Owner cancel pursuant to this provision, no cancellation shall apply. Failure to notify SPS
of cancellation of this Agreement does not, however adversely impact either party's right to
terminate on a thirty day written notice as otherwise provided herein.
6. Representatives, Warranties and Governing Law:
The parties to this agreement hereby represent and warrant that they have read the agreement,
understand its terms, and agree to be bound thereby. Each of the parties whose signature appears
below hereby represents and warrants that she has the authority to bind the party for whom s/he
signs. The agreement shall be construed to be in accordance with the laws of the State of Oregon.
Venue of any action or proceeding hereunder, including without limitation, litigation, mediation
and/or arbitration,shaWbe-in Lane County;'Oregon. ' , ,- ...., '-' -
For Customer: Signature/Title
Dated
For SPS (a division of Gibson Steel Basins, Inc.)
Dated
Date Received:
OCT 1 6 2009
Final Submittal
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FOSSIL FIL TERTM
MAINTENANCE GUIDELINES
THE NEED FOR AN EFFECTIVE POLLUTION PREVENTION PROGRAM
When installed in a drainage inlet catch basin or tank, Fossil FiIter™ is an effective tool in the effort to
reduce pollution of lakes, rivers, streams and oceans caused by pollutants borne in urban runoff.
Within the United States, the federal Environmental Protection Agency (EPA) has, via the Clean Water Act
(CW A), mandated that states and cities implement Storm Water Pollution Prevention Programs (SWPPP)
to curtail pollution from water runoff. The EPA cited Best Available Technology (BAT) criteria for states
and cities to use. Fossil Filter™ meets the BAT criteria.
Once installed, the Fossil Filter™ becomes subject to the provisions of the CWA' s Best Management
Practices (BMP) dictates. According to the EP A, BMP' s include the development of a plan to prevent
pollution from urban water runoff. Responsibility for developing tbe plan ultimately rests witb the
landowner. A natural component of any plan is the establishment of an overall maintenance program.
Note: Without an established maintenance program, Gibson Steel Basins lnc, cannot warrant the
effectiveness o/the Fossil Filter™
'.' .'An effective maintenance program, where Fossil Filter™ is installed, shouls! ip..c1udeJh,following.key...
components:
I. REGULAR SWEEPING AND REMOVAL OF DEBRIS:
Vehicle parking lots, corporation yards, and so forth should be swept on a regular basis. Sediment
and debris (litter, leaves, papers and cans, etc.) within the area, especially around the drainage
inlet, should be collected and removed. The frequency of sweeping should be based On the amouut
of sediment and debris generated.
2. REGULAR INSPECTIONS:
The Fossil FiIter™ installation should be iuspected on a regular basis. The frequency of
inspection should be based on pollutant loading, amount of debris, leaves, etc., and amount of
runoff. Manufacturer recommendations include no less than three inspections per year.
Manufacturer guidelines for timing of inspection are:
a. For areas with a definite rainy season: Prior to and during the rainy season.
b. For areas subject to year-round rainfall: On a reoccurring (preferable scheduled) basis.
c. FOT areas with winter snow and summer rain: Prior to and just after the snow season and
during the summer rain season.
d. For filters not subject to the elements (washracks, parking garages, etc.), inspections should
be on a regular basis.
3. CONDUCT OF THE VISUAL INSPECTION:.
a. After broom sweeping and removing debris from around the inlet, the catch basin grate should
be removed and the condition of the screens checked.
b. The installed adsorbent should be inspected. If excessive silt covers the top of the adsorbent
or if the adsorbent granules are more than one-half coated with a dark gray or black substance,
the adsorbent should be replaced (see 4 below).
c. For the FloGard filters, which have a fabric filter body, the serviceability of the fabric should
be determined and, if called for, replaced with a new one.
d. The filter components should be replaced in the inlet and the grate replaced.
4. REPLACEMENT OF THE EXPOSED ADSORBANT FILTER MEDIUM:
Date Received:
OCT 1 6 2009
;:"ir'" ...... ~.~~,,:,,'
. .
.
.
a. To avoid spilling the exposed (and clean) adsorbent medium into or onto the surrounding
surface, the person replacing the adsorbent should move away from the inlet and work over a
large work cloth.
b. All exposed adsorbent and collected debris must be dumped into a DOT-approved container
for later disposal. The method for replacing the adsorbent depends on the type of filter: I) For
filters with removable cartridges, the cartridges need to be removed from the filter, the end
caps removed and the exposed material poured out. 2) For filters with one-piece top screens,
the entire filter needs to be removed to the work area, the top screen removed and the exposed
material poured out. 3) For filters with adsorbent pouches, the pouches need to be removed
and disposed of. 4) For 1) and 2) above, new adsorbent will be poured into the adsorbent
containment area to be level about I _ inches from the top screen when the filter cartridge or
filter is level. Note: Overfilling will result in decreased filtering efficiency. For 3) above,
new adsorbent pouches are snapped lnto place.
5. DISPOSAL OF THE EXPOSED ADSORBENT:
The exposed adsorbent is non-biodegradable, non-leaching and non-carcinogenic so, with proper
handling and documentation, it can usually be disposed of at a landfill. However, because
disposal regulations va!)' by area, it is recommended that the persons disposing of the material
contact their local regulato!)' agency and landfill to ensure compliance with local and state
environmental regulations. Note: As the generator, the landowner is ultimately responsible for
the proper disposal.
6. REPLENISHMENT OF ADSORBENT MATERIAL SUPPLY:
Per~onsresponsible ,forJP.a(nl?ining f~s.~il fiI.ters™ should.keep a .sufficient lIl110unt of Fossil
Rock adsorbent on hand to replace the installed adsorbent plus and additional amount to be used
in case of d!)' land oil spills. To reorder Fossil Rock, see below.
Note: Fossil Rock adsorbent is the only tested and approved material for use in Fossil Filter™ products.
Gibson Steel Basins, the distributor of Fossil Filter™, cannot guarantee a similar level offilter
efficiency with use of other materials.
If you have any questions about the Fossil FilterTM products or Fossil Rock adsorbent, please call Gibson
Steel Basins at (541) 687-8672.
Date Received:
OCT I 6 2009
Final Submittal
~. - ,-
After recording return to: .
Springfield Utility Board
Attn: Tony Talbot
1001 Main Street, Springfield OR 97477
.
SPRINGFIELD UTILITY BOARD
PUBLIC UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Springfield Church of the Brethren,
for consideration other than monetary, the receipt whereof is hereby acknowledged, does hereby grant
unto the City of Springfield, a municipal corporation, acting by and through its SPRINGFIELD
UTILITY BOARD, and unto its successors and assigns, the right to enter upon the lands of the
undersigned situated in the City of Springfield, Lane County, Oregon, and more particularly described as
follows:
A portion of those certain tracts of real property described in an Instrument recorded November
II, 1982, Reception No. 8233418 of the Lane County, Oregon Deed Records
A 7.00 foot wide public utility easement, said easement being moreparticulary described as
follows:
Begiruiing at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane
County Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83
feet and North 88055'12" East 480.00 feet from the southwest corner of said Block 7; thence
leaving said south margin and running parallel to the east margin of 1 oth Street South
1013'00" East 7.00 feet; thence parallel to and 7.0 feet southerly of the south margin of said
east/west alleyway South 88055'12" West 154.00 feet; thence North 1 013'00" West 7.00 feet
to a point in the south margin of said east/west alley; thence along said south margin North
88055'12" East 154.00 feet to the point of beginning, all in Lane County Oregon.
The easement is granted over, under, and through the above described portion of the Grantors property in
Lane County, Oregon, to place, construct, operate, repair, maintain, relocate, and replace therein an
underground electric distribution line, including vaults, transformers and other necessary facilities, to
remove and replace fences and lawns to the extent necessary to construct, maintain, and protect said lines.
No part of any building or permanent structure will be placed upon this easement, other than asphaltic
pavements, curbs, sidewalks, and driveway aprons. This easement does not restrict the installation of
phone, and cable tv facilities to serve adjacent properties if so desired by the respective utility provider
for each and provided installations meet SUB's approval.
Springfield Utility Board accepts this conveyance of real property or easement. .
Approved by:
Tamara Johnson
Engineering Manager
Springfield Utility Board
4038eOl sub elec.wpd
November 10,2008
Date Received:
OCT 1 6 2009
Page I of 2
. Final S' .t-.,.,iH-=;! ..
-----.
.' . "..
.
.
The undersigned covenants that it is the owner of the above-described property and that such property is
free and clear of encumbrances and liens of whatsoever character except all covenants, conditions,
restrictions, encumbrances, easements, and liens, if any, affecting title which appear in the public records
and any of those visible from a physical examination of the property.
Dated this
day of
,2009
Ann Eikenberry, Chair
Springfield Church of the Brethren
Oversight Council
Dale Seese, Recorder
Springfield Church of the Brethren
Oversight Council
STATE OF OREGON )
) ss.
County of Lane )
On ,2009, personally appeared before me
, a notary public for the said state and county the above named Ann
Eikenberrv ,being.known to me,.orproved to me on a.satisfactory basis, to be the same person who
executed the declaration hereon in her authorized capacity as Chair of the Springfield Church of the
Brethren Oversight Council, and acknowledged the same to be her voluntary act and deed. In witness
whereof, I have hereunto set my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Lane )
On ,2009, personally appeared before me
, a notary public for the said state and county the above named Dale
Seese, being known to me, or proved to me on a satisfactory basis, to be the same person who executed
the declaration hereon in his authorized capacity as Recorder of the Springfield Church of the Brethren
Oversight Council, and acknowledged the same to be his voluntary act and deed. In witness whereof, I
have hereunto set my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
Date Received:
OCT 1 6 2009
Final Submittai
4038e01 sub elec.wpd
November 10,2008
Page 2 of 2
After Recording Retnrn To:
'Springfield Church of the Brethren
1072 Main Street
Springfield. OR. 97477
PUBLIC WATER UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for a good and valuable
consideration, the receipt whereof is hereby acknowledged, doe es) hereby grant unto the City of
Springfield, a municipal corporation, acting by and through its SPRINGFIELD UTILITY BOARD
(SUB), and unto its successors and assigns, a perpetual easement along with the right to enter upon
the lands of the undersigned situated in the City of Springfield, State of Oregon, and more
particularly described as follows:
A portion of those certain tracts of real property described in an Instrument recorded
November II, 1982, Reception No. 8233418 ofthe Lane County, Oregon Deed Records
Lying three and one-half (3.5) feet on either side ofthe as-constructed centerline of the
public water facilities and as shown on Exhibit 'A'.
The intended route and approximate location of the hereinafter described public water
facilities is shown on the attached drawing marked Exhibit 'A' and made a part hereof. It is
understood and agreed that actual construction and installation of the public water facilities
may differ from the intended route and approximate location.
To construct, operate, maintain, and replace therein underground facilities associated with
water pipelines and related appurtenances. SUB shall have a right to permanently maintain the
underground facilities, and its agents and employees shall have the right to go upon said real
property for the purpose of constructing, operating, maintaining, and repairing the underground
facilities, to remove and replace fences, lawns, and trees to the extent necessary to construct,
operate, maintain, and protect said lines and facilities, provided SUB shall leave the real property in
the same condition as before, excluding reasonable, fair wear and tear arising from such activities.
No part of any building containing sanitation facilities or any permanent structure will be placed in
the easement areas, other than pavement, curbs, sidewalks, and driveway aprons, made with such
materials as Grantor deems appropriate, without the express consent of SUB.
The undersigned covenants that it is the owner ofthe above-described property and that such
property is free and clear of encumbrances and liens of whatsoever character except all covenants,
conditions, restrictions, encumbrances, easements, and liens, if any, affecting title which appear in
the public records and any of those visible from a physical examination of the property.
Dated this
day of
,2009
Dale Seese, Recorder
Springfield Church of the Brethren
Oversight Council
Ann Eikenberry, Chair
Springfield Church of the Brethren
Oversight Council
Springfield Utility Board accepts this easement
Signed by:
Doug Keeler, Director - Water Division
.,
Date Received:
OCT f 6 2009
Final Submittal
. ....
STATE OF OREGON )
) ss.
County of Lane )
On ,2009, personally appeared before me
, a notary public for the said state and county
the above named Ann Eikenberrv , being known to me or proved to me on a satisfactory
basis to be the same person who executed the declaration hereon in her authorized capacity as Chair
of the Springfield Church of the Brethren Oversight Council, and acknowledged the same to be her
voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Lane )
On 2009, personally appeared before me
, a notary public for the said state and county
the above named Dale Seese , being known to me or proved to me on a satisfactory basis to
be the same person who executed the declaration hereon in his authorized capacity as Recorder of
the Springfield Church of the Brethren Oversight Council, and' acknowledged the same to be his
voluntary act and deed. In witness whereof, I have hereunto set my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
Date Received:
OCT 1 6 2009
Final Submittal
.. ,.....
"EXHIBIT A"
WATERLINE EASEMENT
FOR
SPRINGFIIlLD UTILITY DEPT.
SE 1/4 SEC. 35 T 17 S, R; 3 W.M.
SPRINGFIELD, LANE COUNTY, OREGON
OCTOBER 13, 2009
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DLC. NO. 63
T 17 S, R 3 W W.M.
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------------ -
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---
'"
EASEMENT NOTE;
THIS EXHIBIT DOES NOT CONSTITUTE A SURVEY AND IS INfENDED TO ILLUSfRA TE
THE POTENTIAL ROUTE FOR A FUTURE WATER MAIN EXTENSION, THE ACTUAL
EASEMENT LOCATION WILL BE CENTERED OVER THE' AS BUILT' LOCATION OF
THE WATER MAIN AND BEING A TOTAL OF 7.0 FEET IN WIDTH, 3.5 FEET ON
EITHER SIDE OF THE WATER MAIN PIPELINE.
SCALE I' - 60.
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Date Received:
OCT t 6 2009
Final SUUiTliti.ll
---
.- - -. ..
After recording return to: .
Springfield Church of the Brethren
1072 Main Street
Springfield, Oregon 97477
.
Until a change is requested
Mail all Tax Statements:
No Change
Date Received:
OCT 1 6 2009
Fina! Subrn;ltal
PRIVATE ACCESS AND UTILITY EASEMENT
AND MAINTENANCE AGREEMENT
RECITALS:
Springfield Church of the Brethren is the owner of three abutting properties located in the
Southeast one-quarter of Section 35 in Township 17 South, Range 3 West of the Willamette
Meridian referred to herein as Tract I, Tract 2 and Tract 3 and being more particularly described
as follows:.
See "Exhibit A"
The own,er has received approval under.Springfield Journal No. SUB 2009-00016 ~o adjust the
common boundary between Tract I and Tract 2 whereby Tract 2 will not have frontage on a
public road. In accordance with SDC Section 4.2-120(A)(l)(a) and the conditions of approval of
the property line adjustment application the owner is proposing to create a variable width joint
access and utility easement with maintenance provisions across the Tract 3 property for the
benefit of the as adjusted boundaries of the Tract I and Tract 2 properties to provide the as
adjusted boundaries of Tract 1 and Tract 2 with access to the public road
DECLARATION OF EASEMENT:
I. Easement Created. Springfield Church of the Brethren does hereby create a
perpetual easement as described in Exhibit "B", attached, for the mutual and
exclusive use of the Tract I, Tract 2 and Tract 3 properties described herein.
2. Pumose. The easement is created to provide for ingress and egress and
emergency vehicle access from the Tract I and Tract 2 properties to the public
street The Easement Area may also be used by the aforementioned Tracts for the
installation of private utilities, including, but not limited to water service,
electrical service. telecommunication services, storm water drainage and sanitary
sewer service lines as long as such use does not interfere with ingress/egress
access provisions granted herein. No vehicle parking of any kind will be allowed
within the easement area
3. Use of Burdened Propertv. The owners or occupiers of the parcels affected by
the easement shall have the right to use their property, including the area
described as the easement, for any purpose as long as the owners or occupiers do
not interfere with the use of the easement as granted by this instrument.
4. Maintenance and Repairs. The cost of any maintenance or repair of the area
within the easement shall be shared by the owners of the Tract I, Tract 2 and
Tract 3 properties proportionate to their use as described in ORS 105.107 to
Access Easement and Maintenance Agreement - Page 1
.
.
105.185, and as may be amended from time to time. However, any repairs
necessitated by the negligence or the misuse of the easement area and rights
granted herein by an individual owner of the Tract I, Tract 2 or Tract 3 properties,
their agents or invitees, shall be the sole responsibility of the negligent party. All
work shall be performed by a licensed and bonded contractor and the repaired area
shall be returned to its former condition once the repair work has been completed.
5. Prooertv Taxes. The Tract 3 property shall be responsible for the property taxes
within the easement area. .
6. Private Grant. The easement created by this instrument does not constitute a
dedication or grant for public use.
7. Successors in Interest. The provisions of this instrument touch and concern, and
relate to the use of the Tract I, Tract 2 and Tract 3 properties and are intended to
be covenants and restrictions running with the land.
8. Indemnitv. Users of the roadway for access or maintenance ("Users'') shall
assume all risks arising out of their use of the Easement. Specifically, but without
limitation, individual Tract Owners shall have no liability to Users or their.agimts
and empioyees,or any indepenclent contractor hired by Users solely based on their
status as a Tract Owner. Users agree to indemnifY and hold hafmless Tract
Owners from any claim, cost, damage or expense of any kind or nature arising out
of or related to any negligent or wrongful act or omission of U seTS arising out of
their use of the Easement.
9. Legal Proceedings. If any legal proceeding is commenced for the purpose of
interpreting or enforcing any provision of this Agreement, the prevailing party in
such proceeding shall be entitled to recover reasonable attorney's fees in such
proceeding, or any appeal thereof, in addition to the costs and disbursements
allowed by law. .
13. Arbitration. Any claim, controversy or dispute arising out of this Easement shall
be settled by arbitration in accordance with the applicable rules of the American
Arbitration Association, and judgement upon the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. Any such arbitration
shall be conducted in Lane County, Oregon.
All provisions ofthis instrument, including the benefits and burdens, are binding and enure to the
heirs, successors, assigns, transferees, and personal representatives of all parties who own any of
the aforementioned parcels.
Date Received:
OCT f 6 2009
Final SUbmittal
Access Easement and Maintenance Agreement - Page 2
.
.
Dated this
day of
,2009
Dale Seese, Recorder
Springfield Church of the Brethren
Oversight Council
Ann Eikenberry, Chair
Springfield Church ofthe Brethren
Oversight Council
STATE OF OREGON )
) ss.
County of Lane )
On ,2009, personally appeared before
me , a notary public for the said state and
county the above named Ann Eikenberry , being known to me or proved to me on a
satisfactoiy"basis to be the same person who executed the declaration hereon in her authorized
capacity as Chair of the Springfield Church of the Brethren Oversight Council, and .
acknowledged the same to be her voluntary act and deed. In witness whereof, I have hereunto set
my hand and affixed my seal.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Lane )
On 2009, personally appeared before
me , a notary public for the said state and
county the above named Dale Seese , being known to me or proved to me on a satisfactory
basis to be the same person who executed the declaration hereon in his authorized capacity as
Recorder of the Springfield Church of the Brethren Oversight Council, and acknowledged the
same to be his voluntary act and deed. In witness whereof, I have hereunto set my hand and
affixed my seal.
Notary Public for Oregon
My Commission Expires:
Date Received:
OCT 1 6 2009
Final Submittal
Access Easement and Maintenance Agreement - Page 3
.
.
Exhibit "A"
(1)
Tract 1
Adjusted Bouudary of Assessor's Map No. 17-03-35-41 Tax Lot 4600
Beginniug at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 480.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10'h Street South 1013'00" East 67.22 feet
to the True Point of Beginning; thence South 88055'12" West 29.24 feet; thence South 1 013'00"
East 10.08 feet; thence South 88055'12" West 5.54 feet; thence South 1013'00" East 38.40 feet;
thence South 88055'12 West 85.22 feet to a point on the west boundary of that certain tract of
land described in a bargain and sale deed recorded November 26, 1979 Inst. No. 7969955 Lane
County Oregon Deed Records; thence along said west boundary South 1013'00" East 62.42 feet
to a point in the north margin of the relocated Main Street as said north margin is described in a
deed of conveyance registered in Book 14, Page 480 ofthe Certificate of Registered Titles as
_. Reception No. 31679; thence along the north margin of-the relocated.MainStreet South
'81055'58" East 60.80 feet to a pointin the eastboundary of Block 7 of said Brattain's Addition to .
Springfield; thence along the east boundary of said Block 7 South 1013 '00" East 9.10 feet to the
southeast comer thereof, said point being on the north margin of Main Street 33.0 feet from,
when measured at right angles to the centerline of Main Street; thence along the north margin of
Main Street North 89028'23" East 60.00 feet to a point which bears South 1013'00" East from the
true point of beginning; thence North 1 013'00" West 130.24 feet to the True Point of Beginning,
all in Lane County Oregon.
Tract 2
Adjusted Boundary of Assessor's Map No. 17-03-35-41 Tax Lot 4700
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 360.00 feet from the southwest comer of said Block 7; thence continuing
along the south margin of said east/west alley North 88055'12" East 120.00 feet; thence leaving
said south margin and running parallel to the east margin of 1 O'b Street South "1013 '00" East 67.22
feet; thence South 88055'12" West 29.24 feet; thence South 1013'00" East 10.08 feet; thence
South 88055'12" West 5.54 feet; thence South 1 013'00" East 38.40 feet; thence South 88055'12
West 85.22 feet to a point on the west boundary ofthat certain tract ofland described in a
bargain and sale deed recorded November 26, 1979 Inst. No. 7969955 Lane County Oregon
Deed Records; thence along said west boundary North 1013'00" West 115.70 feet to the point of
beginning, all in Lane County Oregon
Date Received:
OCT 1 6 2009
Final Submittal
Access Easement and Ma intenance Agreement - Page 4
.
.
Exhibit "A"
(2)
Tract 3
Assessor's Map No. 17-03-35-41 Tax Lot 4800
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County Oregon, said point being North 1013'00" West 192.83 feet and
North 88055'12" East 300.00 feet from the southwest comer of said Block 7; thence continuing
along the south margin of said east/west alley North 88055'12" East 60.00 feet; thence leaving
said south margin and running parallel to the east margin of 1 ot" Street South 1013 '00" East
178.12 feet to a point in the north margin of the relocated Main Street as said north margin is
described in a deed of conveyance registered in Book 14, Page 480 of the Certificate of
Registered Titles as Reception No. 31679; thence along the north margin ofthe relocated Main
Street North 81055'58" West 60.80 feet to a point which bears South 1013'00" East from the
point of beginning; thence North 1013'00" West 168.46 feet to the point of beginning, all in Lane
County, Oregon.
Date Received:
OCT , 6 2009
Final SUbmittal
--~'"".......~,,-=-
Access Easement and Maintenance Agreement - Page 5
. ..
.
.
Exhibit "B"
Easement Area
Beginning at a point in the south margin of the east/west alley running through Block 7 of
Brattain's Addition to Springfield as platted and recorded in Book 9, Page 6 of the Lane County
Plat Records in Lane County, Oregon, said point being North 1 0]3'00" West 192.83 feet and
. North 88055'12" East 360.00 feet from the southwest comer of said Block 7; thence leaving said
south margin and running parallel to the east margin of 10th Street South I 0]3'00" East 178.12
feet to a point in the north margin of the relocated Main Street as said north margin is described
in a deed of conveyance rygistered in Book 14, Page 480 of the Certificate of Registered Titles as
Reception No. 31679; thence along the north margin of the relocated Main Street North
81055'58" West 26.35 feet; thence leaving said north margin and running North 1 0]3'00" West
134.00 feet; thence South 88055'12" West 12.00 feet; thence North 10]3'00" West 39.93 feet to a
point on the south margin of the aforementioned east/west alley; thence along said south margin
North 88'55'12" East 38.00 feet to the point of beginning, all in Lane County Oregon.
Date Received:
OCT 1 6 2009
~:-!n3;
. '...... -., ,-", ._.~.., .,-.-- .._--
Access Easement and Maintenance Agreement - Page 6
ShelterCare Admin
Fax:S41-686-03hO
.
Jan 20 2009 12:S0pm P002/00S
. ;City o,fSpringfield
Development Services Department'
22S Fifth Street
Springfield, OR 97477
.
Fee Waiver
Non-Profit Affordable 'Housing Providers
R~gulr~a~rriiecf~nf0t1ma1:1oilJf_;"0 :~,"_~~-"t~ ~"' -~r4p'fjliciJrit'; cbmpleteNthis,se9ifo~~:
AD'olicant Name: Susan Ban
Phone 541-686-1262
ComDanv:
Address:
ShelterCare
PO Box 23338, Eugene, OR 97402
Fax:
541-686-0359
:.:.~.,.,.-...:.' ;:::."':,' ~. ".,.1: ,~~ ~..,._~";:,.;:,,,::..;:..:,.. i~ .:'.~~..:../;I,"'_;"":;.-.3t,;..;, ~. ';:.l:Ial<...:;;>.:l~"\IlI:\'fJ' ~:"=,-"; ~..:-"~,,.~t.;,_c:::;:--,,:,~,:
~'::.~'. :.~^". '.:. ;"'. " ~ ::""':":: ",;.,: ; .:'.~;.) ",,';' ",;',"Z'.::
Applicant's Rep.: Anne Delanev
ComDanv: Delanev Berasund
Phone 541-683-8661
Fax: 541-683-1136
Address:
1369 Olive St. EUGene, OR 97401
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Pronertv Owner: Reoresentative: Dale Seese
,Companv: Sorinafield Church of the Brethren
Address:
Phone
541-746-2278
Fax:
1072 Main Street, Sorinqifeld Oreqon 97477
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ASSESSOR'S MAP NO: 17-03-36-41 I TAX LOT 4600.4700,4800.4900
PropertY Address: 1062-1096 Main Street, Sorinqfield Oreoon
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Fee Waiver: Applicable land use application fees for affordable housing may be waived by the
Director in order to encourage the construction of affordable housing.
Affordable housing as defined below shall be either newly constructed rental or
home ownership units.
Land Use Application Case No.
Applicant:
Affordable housing category that applies.to the project:
/:gj Rentaf units rented to households with incomes below 60% of area median
income (AMI), as determined by the Department of Housing and Urban
Development (HUD) income limits in effect at the time of submittal.
o Home ownership units sold to households with incomes below 80% of area
median income (AMI), as determined by the Department of Housing and Urban
Development (HUD) income limits in effect at the time of submittal.
The undersigned acknowledges that the information Included with this apMation Is correct and accurate.
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Signature
Print: Susan Ban, Executive Director
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Date: Januarv 20, 2009
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Revised 1/1/08 Molly Markarian
Date Received:
OCT 1 6 2009
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Final Submittai
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Division of Chief Deputy Clerk
Lane County Deeds and Records
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. 1111111111111111111111111111111111111111111111111 $51.00
01058116200900125310060063
. 03/12/2009 01:49:23 PM
RPR-REST Cnl=l Sln=6 CASHIER 07
$30.00 $10.00 $11.00
Date Received:
OCT 1 6 2069
Final submittal
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Date Race ad: \. ....
Planne'-M M
A'-TER RECORDING' _RN TO:
L!-<J-rU- K <U2AJ
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DECLARATION OF RESTRICTIVE COVENANTS
CITY OF SPRINGFIELD DEVELOPMENT CODE SECTION 2.1-1358. & C.
FOR NON-PROFIT AFFORDABLE HOUSING PROVIDER
THIS DECLARATION OF RESTRICTIVE CONVENANTS ("Declaration") dated
February 2.10 , 2009 by Springfield Church of the Brethren, an Oregon non-profit
corporation, owner of the real property more particularly described and set forth in
Exhibit A and ShelterCare, an Oregon non-profit corporation, Lessee of the real property
more particularly described and set forth in Exhibit A attached hereto and their
respective successors and assigns ("Grantors"), is given as a condition precedent to the
waiving of certain City of Springfield development fees by the City of Springfield, a
municipal corporation of the State of Oregon ("City") in consideration for the provision
of affordable housing pursuant to Springfield Development Code, Section 2.1-135B. &
C. together with any successor to its rights, duties and obligations.
RECITALS:
WHEREAS, Grantor, Springfield Church of the Brethren, is the owner of the real
property more particularly described and set forth in Exhibit A attached hereto and
incorporated herein by reference.
WHEREAS, Grantor, ShelterCare, is leasing from Grantor; Springfield Church of
the Brethren, the real property more particularly described and set forth in Exhibit A
under a 50 year lease with an option to extend for an additional 25 years.
WHEREAS, ShelterCare is constructing a 16 unit apartment building for very low
income adults with chronic mental illness on the real property more particularly
described and set forth in Exhibit A.
WHEREAS, the project has received HUD 811 funding which stipulates that the
units must be rented to households qualifying for less than 50% of the area median
income;
WHEREAS, the real property more particularly described and set forth in Exhibit
A are currently known as 1082 and 1096 Main Street but may receive new addresses
when the apartment bl,lilding is constructed;
WHEREAS, an application has been made for fee waiver from City of Springfield,
Development Code fees including, but not limited to, a Development Issues Meeting,
Site Plan (pre-submittal and submittal), property line adjustment and other planning
fees associated with this development; ~, I ~.
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DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRINGFIELD
OCT 1 6 2009
Final Submittal
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WHEREAS, in order to qualify for waiver of the development fees as specified in
Springfield Development Code, Section 2.1-1358. & c., Grantors hereby agree as
follows: .
DECLARATIONS:
NOW, THEREFORE, in consideration of the Recitals set forth above which are
expressly made a part of this Declaration and in consideration of the promises and
covenants hereinafter set forth and other valuable consideration including, but not ,
limited to, the waiver of Springfield development fees as provided herein, Grantors and
City agree as follows:
1. A 16-unit apartment building for low income adults is being constructed on the
real property more particularly described and set forth in Exhibit A which will be rented
to households with incomes below 60% of the area median income as determined by'
the Federal Housing and Urban Development (HUD) income limits in effect at the time
of execution of this document.
2. Grantor ShelterCare qualifies as a non-profit corporation under Section 501C(3)
of the Internal Revenue Code.
3. Upon request of City, Grantor ShelterCare will provide documentation that the
housing meets appropriate standards regarding household income, rent levels and
number of units. ..
4. Grantor ShelterCare will provide at the request of City adequate documentation
that the housing shall remain exclusively available to low income adults at the
affordable rents for five years. In the event that the use of the property is no longer
for low income housing, the Grantors shall pay the waived development fees from
which Grantors were exempt.
5. The terms and conditions of this Restrictive Covenant are perpetual, shall run
with the land and shall be binding upon the heirs, successors and assigns of Grantors
and all subsequent owners of the real property more particularly described and set forth
in Exhibit A.
.6. If either Grantor or the City of Springfield brings an action regarding or to
enforce this Agreement, the prevailing party in such action shall be entitled to recover
its attorneys' fees and court costs, at arbitration, trial and on appeal.
7. This Agreement shall be recorded by the City of Springfield in the real property
r.ecords of Lane County, Oregon.
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DECLARATION OF RESTRICTIVE COVENANT, cm OF SPRINGFIELD OCT 1 6 2009
Final Submittal
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SPRINGFIELD CHURCH OF
THE BRETHREN:
SHEL TERCARE:
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By: 5...St)..V\ A. ba..V1
Its: G'I'<!:CI.J...-'\\"... -:\);vec:h:rt'
"---' CflY OF SPRINGFIELD:
By;~W. t~A(Ji
Its: ~ ,{\, tv... A. It AS'" A-
f. "S(~!o1
STATE OF OREGON)
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County of Lane )
nE\nnV[:i} &: APPiWIJEll
AS TO FORr~'
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DATE:~ o~
lEGAL CO NSEL
Personally appeared the above named A IA.-IA C, '{o 0. \-,p"" " as
~\." .,-5 'tJ.:).Q;r "'Suo, h \" Co.:>v-c. 1 \ for The Springfield Church of the Brethren and
acknowledged the foregoing instrument to be his/her voluntary act and deed on this
.2l-, day of February, 2009.
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~ NOTARY PUGLlC - C,"-2CN
... COMMISSIOtJ NO. 40&>75
MY COMMISSION EXPIRES MAY 2, 2010
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Notary Public for Oregon
My Commission Expires: S-"2-- \ D
STATE OF OREGON)
) 55.
County of Lane )
Personally appeared the above named S?, "'&v... ~"'- as
E>c..e.c.~-h"'" 'C\~c~ . for ShelterCare and acknowledged the
foregoing instrument to be..ftisih~ voluntary act and deed on this ~ lc day of
February, 2009.
.. OFFICIAL SEAL J Q;::,~ ~~lA........
LESLIE COHEN -
,. '} NOTARY PUBLIC-OREGON Notary Public for Oregon
. ....../ COMMISSION NO. 405575 My Commission Expires: 'So . Z . \0
MY COMMISSION EXPIRES MAY 2, 2010
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.. .. DECLARATION OF RESTRICTIVE COVENANT, CflY OF spRii<JI:!ij!:l!E[bME e ecelved:
OCT 1 6 2009
Final Submittal
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(\'\\'W~
STATE OF OREGON)
) ss.
County of Lane )
Personally appeared the above named (;'"0 c;/~\V\..~ctL as
('.,i-\t.1 ~~~ for the City of Springfield and acknowledged
the foregoing instrument to be his/her voluntary act and deed on this ,;li\L{ day of
F€lbruary, 2009.
OFFICIAL SEAL
. JULIE M WILSON
.., N01ARY PUBLIC - OREGON
\. _ ./' OMMISSION NO. 397943
-".' M~ COMMISSION EXPIRES OCTA. 2009
(]lLltQ ~~.W~
Notary Public for Oregon
My Commission Expires: ~
N:\City\Housing\A!fordable Houslng\DedaraUon Of Restrictive Covenants-Sneller Care.DaD<
Date Received:'
OCT I 6 2009
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Final Submittal
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DECLARATION OF RESTRICTIVE COVENANT, CflY OF SPRINGFIELD
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Exhibit A: Legal Description of the Property
." Beginning at a point which is 360 feet east of a point that is 94.57 feet south 40040'
east from a point 10s.2 feet north of the southwest corner of the Paul Brattain
donatiou land claim no. ,63, in township 17 south, range 3 west of the Willaruete
Meridian, running thence east 60 feet, more or less, to the monument which marks the
southeast corner of block 7 of Brattain's add on to Springfield, Lane County,
Oregon, as platted and recorded in book 9, page 6, Lane County Oregon plat records
before same was vacated; thence north 196.3 feet; thence west 60 feet; more or less to
a point due north of the beginning point; thence south 196.3 feet to the place of
beginning, in Lane County, Oregon 'excepting: that portion of the above-described premises included in
that certain deed wherein Paul Hadley and Pearl Hadley, husband and wife, were grantors; and the town
of Springfield, was grantee, registered in book 14, page 480, of the certificate of
registered titles, reception no. 3474, in Lane County, Oregon. "
Tax Parcel Number: 0316842
Date Received:
OCT 1 6 2009
Final submittal