HomeMy WebLinkAboutAgreement APPLICANT 2/10/2009
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Division of Chi~epuly Clerk
Lane Counly Dee~nd Records
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$41.00
After Recording, Return to:
Leahy, Van Vactor & Cox, LLP
223 A Street Suite D
Springfield OR 97477
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01050986200900060360040042
02/06/2009 01: 20: 50 PM
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$20.00 $10.00 $11.00
Until a Change is Requested,
Send All Tax Statements to:
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RECEIVED
FEB 1 0 2009
By:
AGREEMENT FOR RESTRICTIVE COVENANT
PARTIES:
GRANTOR:
Jan Staszewski and Monique Sonnenfeld
(hereinafter "Grantors")
The owners of the real property more
particuiariy described and set forth in
Exhibit A, attached hereto and incorporated'
herein by reference.
GRANTEES:
City of Springfield (hereinafter "City")
A municipal corporation of the State of
Oregon .
RECITALS:
1. Consideration. The consideration for this Agreement is other than monetary.
2. . Grantors are processing a Dartition through the City of Springfield: Partition Number
SUB2007-00008, Plat-Number SUB 2008-00021 for property iocated on Assessors Map
and Tax Lot Identification Numbers 17-02-33-32-5800.
3. The partition is for a Partition into two lots, Parcell and Parcel 2 of Partition Plat No.
SUB 2000-00021, Recorded '"3"....."'_ ";l."3., ~c>o,\ . ~\.\>,\' "". , Lane County,
. Oregon PLf'."\"' Records. ,00.... - P 2. "'10 ~ .
4. A condition of the Partition is that all new electrical service to Parcel 2 shall be placed
underground in accordance with City of Springfield Development Code, then Section
32.120(2).
AGREEMENT FOR RESTRICTIVE COVENANT -1-
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5. Grantors have requested the City of Springfield to defer the requirement that all new
electrical service to Parcel 2 shall be placed underground until such time as Grantors or
Grantors heirs, successors or assigns apply for a building permit with the City of
Springfield to construct a building on Parcel 2 of the Partition.
6. The City of Springfield has agreed to defer the requirement that all new electrical
service to Parcel 2 shall be placed underground until such time as Grantors or an heir,
successor or assign makes application for a building permit for Parcel 2.
NOW, THEREFORE, based upon the foregoing recitals, the parties agree as follows:
1. The parties agree that Grantors, as a condition of Partition No. SUB 2007-00008, is
required to place underground in accordance with then Springfield Development Code
32.:120(2) 311 n<;V\! electrir'3j serfice to Darce! 2. of Partition Plat ~Io. SUB 2008-00021., Rerorded
)AN :l. $., 2oc" PI.l'II \lo. ~QO"l-P:2."33'1. , Lane County, Oregon \':> \...(.>(\ Records.
2. The parties agree that Grantors and Grantors successors and assigns may defer the
placement of the new electrical service to Parcel 2 underground until such time as Grantors or
Grantors' heirs, successors or assigns make application for a building permit for Parcei 2.
3. Except as may be released pursuant to Section 5, this covenant is perpetual and
shall run with the land and be binding upon the heirs, successors and assigns of Grantors.
4. Grantors agree that Grantors shall disclose and provide notice of this Restrictive
Covenant to any prospective purchaser of Parcel 2.
5. The parties agree that this condition may not be released without a release executed
by the City of Springfield and recorded in Lane County Deeds and Records.
GRANTOR:
GRANTEE:
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RECEIVED
AGREEMENT FOR RESTRICTIVE COVENANT -2-
FEB 1 0 2009
By:
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STATE OF OREGON )
) ss.
County of Lane )
Personally appeared before me this 315+ day of 1Je.C'A~ , 2008, the above
named Monique Sonnenfeld, and acknowledged the foregoing instrument to be her voluntary
act and deed.
OFFICIAL SEAL
. NADJA R REYNOLDS
, ", NOTARYPUBUC.OREGOII
\ ../ COMMISSION NO. 408871
'.,... MVCOMMiSSION EXPIRES SEl'lEMBER 24. 2010
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My Commission Expires: ?/,;Jr;!20//J
STATE OF OREGON )
) SS,
County of Lane )
Personally appeared before me this 3l;J' day of ~ ~ , 2008, the above
named Jan Staszewski, and acknowledged the foregoing instrument to be her voluntary act and
deed.
OFFICIAL SEAL
NADJA R REYNOLDS
NOTARY PUBLIC. OREGON
COMMISSION NO, 406871
M'ICOMMISSION EXPIRES SEPltMBER 24. 2tll0
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My Commission Expires: ?~pOI 0
STATE OF. OREGON )
) ss.
County of Lane )
Personally appeared before me this 3d day of ~r~' , 2ooi, the above
named (, IYLO 6rll'Y]a..(d.t as ('~I'!J; t1~{.r , of the City of
Springfield, and acknowledged the foregoing instrument to e his/her voluntary act and deed.
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OFFICIAL SEAL ~
."\ AMY LSOWA '
) ,~: IjOTARY PUBLIC -,OREGON .
, ~' COMMISSION NO, 397942
. ""..,~ MY COMMISSION EXPIRES NOV.22. 2009 '
ss
_' dr.r to( i1J1JJL
Notary Public for ci egon
My Commission Expires: t 1-.:1;1 "CJ.OO 1
RECEIVED
AGREEMENT FOR RESTRICDVE COVENANT -3-
FEB 1 0 2009
By:
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EXHIBIT "A"
The South 100 feet of the following described tract: Beginning at a
po~nt in the South line of the McKenzie Highway No. 28, 541.75 feet
West of the East line of the A. W. Hammit Donation" Land Claim No. 3B,
in Township 17 So~th, Range 2 West of the Willamette Merid~an; thence
South 355.3 feet; thence West 137.5 feet; thence North 355.3 feet to
the South line of said highway and thence East along the South line of
said highway to the point of begi~ing, in Lane County, Oregon.
RECEIVED
FEB I 0 2009
By: