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HomeMy WebLinkAboutApplication APPLICANT 10/16/2009 .., --. . :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: (;:) o Technical Fee: o o TOTAL FEES: PROJECT NUMBER: P ~ '1-00\) Date Received: OCT 1 6 2009 Revised 1/1/08 Molly Markarian' Final Submittal 1 of 4 . Signature . 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 2 of 4 .. . --. . . 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 1 _ _ ;.. . . · 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. ('\t" J 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. ct) rA) G ",. ./ 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. J ~, Condition 4- Addition of note to Grading & Landscape Plan regarding site work for rain garden. Please see revisions on grading and landscape plans. ~ 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. , 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 l' .. " . . 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. I ~$"'" 1./' ':d"1 \ '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, ~ 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 . . " 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 Ii ~ ~ ~ 1}] 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. 1 " . . ,I 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 . 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: . . 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 . . 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 . . 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 . . "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. . 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 ~ .. ... . "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 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 ? Date Received: OCT 1 6 2009 Final Submittal Page 5 of 5 . . 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 . . 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 . . 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 . . 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 \ ,. \ il~~ 135.0' E\ 1'0:, ~I ~\ 225.0' 0> N .", . , I I~" . ' 11 03 35 41 , 11 03 35 4111#'. TL 4100 I TL 4800 , ;~~: \- t . , , EASEM:NT I i r ' ~, I A~!ii: ..-.. "J ! '." 40' : l+JF I 35' i Ii 70' \l~ !~LRE iii, WATERMAN ,,' II! 3 ~INITIAL POINT g BRA TT AINS '" ADDITION TO e:: SPRINGFIELD Z 11 03 35 41 TL 4900 , , , , - : 0, N, ., ~, Ql 3: . , 0' 0: ~: 0, -, Z\ : , o ~COR. DLC. NO. 63 T 17 S, R 3 W W.M. I 12"W __ I 12"W ------------ - --- -It!A1N - - _SD!.EJl T --- '" 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. , o 20 40 60 120 . , I . . I . , I . . I , , I 11 03 35 41 TL 4600 '< Q t-,.W '< Q I l.W 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 _,'tOo; ..~ ,:.:,-:.,...:, ...,..,...... .::,.~,.. . . : ". .., '.:, .~'''' .",;'~l::.:. ;s;s ',C". ..,'cl ~ ;~'.' :~'::;'';I!IO.'T' .....,:;.;. ";'..1...;.1.. .':~' ;~ ., ''''.::=J.?~;:.' ~>'~';.'.:.: "<-".' :........;.,....... :.'. ":'",",,":. Pronertv Owner: Reoresentative: Dale Seese ,Companv: Sorinafield Church of the Brethren Address: Phone 541-746-2278 Fax: 1072 Main Street, Sorinqifeld Oreqon 97477 ':,'.'\,'"'", -",:',,, '^""..":'~~" .~,,~ ..,r.~" " 'Ii~..'~."':.' :..,.....,1'<4 ::':'5IIIIR' ,."W.';; .. ~",::I,.&:::.... t .'.'~"~':' , . """- ".. .. ......:."';, :(: .. ...'" ,<::;:0,-:' " ASSESSOR'S MAP NO: 17-03-36-41 I TAX LOT 4600.4700,4800.4900 PropertY Address: 1062-1096 Main Street, Sorinqfield Oreoon '.'.. ,. ....~~. ~'~'~'...~,:, ~,'l'. ..:,'C~-:~"'"""~.',,l'~"..':;~~.~":e:i::'.'~iUlI..'.: - "'::..'1.,,.... .J....,.. . ':<:.sv<' to. ..~~;, ."':;~.:!.<;<.:. ,UIU:': '(~!~l\.,' ,*!'. :".' ":: :," ".: ".,~.o:- . ."". ,.~.,. ,." 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. '~~/fr- ~ ___ ~A-~h\ - ' Signature Print: Susan Ban, Executive Director ::;:t.\' ^~.::,",,_ ,.<<' i'Iiil .~- ,.- '.d _ Date: Januarv 20, 2009 "'~; J.l; ':' .',' ~7!'" ~; ~ Revised 1/1/08 Molly Markarian Date Received: OCT 1 6 2009 dj I j )g ,:1) f ' .........v_1o:i I ~......- ,..- t" , P\c. ~r .C ull-I 10f4 Final Submittai " ,.0-< ~: II " . " .. Division of Chief Deputy Clerk Lane County Deeds and Records ~~~~.~l~o~l . 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 '. \ . \ ~~~Ii~~- Date Race ad: \. .... Planne'-M M A'-TER RECORDING' _RN TO: L!-<J-rU- K <U2AJ ;p.J. l??ry 2?'?'~<O ~r<L on. 97t/02.- . 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 ~. ....<.,..,.,. ~atnne~~ DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRINGFIELD OCT 1 6 2009 Final Submittal . . 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. .~=....,=~~..,.:-.,~;,. :.'. . ~~~ved: DECLARATION OF RESTRICTIVE COVENANT, cm OF SPRINGFIELD OCT 1 6 2009 Final Submittal . . .. SPRINGFIELD CHURCH OF THE BRETHREN: SHEL TERCARE: Go ~' @ 4' . 7 ~~:-~~ ~~SXn"I_ ~~4.~ 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) ) ss. County of Lane ) nE\nnV[:i} &: APPiWIJEll AS TO FORr~' ~o.""'::} ~ 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. \~. .... ., 'O-=Fir;-:;-L~~:' ~..; ,- ,....... ., ,- , "',, LECLI:2C'..:. 1 ~ NOTARY PUGLlC - C,"-2CN ... COMMISSIOtJ NO. 40&>75 MY COMMISSION EXPIRES MAY 2, 2010 ~~ ~~l"- 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 .' e~l::Ilv~1 . .. .. DECLARATION OF RESTRICTIVE COVENANT, CflY OF spRii<JI:!ij!:l!E[bME e ecelved: OCT 1 6 2009 Final Submittal . . . . 0 (\'\\'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 ....'.. ...;- ~ , Final Submittal . . .. r '. e a DECLARATION OF RESTRICTIVE COVENANT, CflY OF SPRINGFIELD . . - 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