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HomeMy WebLinkAboutAgreement CAO 1/6/2009 ., ,.. ,/" , . . MEMORANDUM OFFICE OF CITY ATTORNEY THIS DOCUMENT IS EXEMPT FROM PUBLIC DISCLOSURE AS AN ATTORNEY CLIENT COMMUNICATION UNDER THE PROVISIONS OF THE OREGON PUBLIC RECORDS LAW ORS 192.660(2)(h), ORS 40.225, ORS 192.502(9) ORS 192.660(2)(f), ORS 192.502(1) TO: J ~ ~ ~ Restrictive Covenant executed by Monique Sonnenfeld and Jan Staszewski, a '" copy of which is attached for your records. ~~ In conformance with our understanding with Ms. Sonnenfeld, it is suggested that ~ you contact Ms. Sonnenfeld to complete the filing of the partition. Upon the ,~- filing of the partition, please provide me with the filing information from the ~ ~ partition which I will insert in Section 1 and Recital 3 of the Agreement for D Restrictive Covenant. Upon insertion of that filing information, the Agreement \. for Restrictive Covenant will be sent to Lane County Deeds and Records for ~. ~ recording, together with the check which I have received from Ms. Sonnenfeld V for recording fees. Joe Leahy Office of City Attorney DATE: January 6, 2009 FROM: Molly Markarian, Planner II l- RE: Sonnenfeld Agreement for Restrictive Covenant Please be informed that this office has received a signed Agreement for I will return a copy of the recorded Agreement for Restrictive Covenant to you for your files and send the original recorded Agreement for Restrictive Covenant to Ms. Sonnenfeld. Ijc Thank you for your attention to this matter. , . . -:;. ..... After Recording, Return to: Leahy, Van Vactor & Cox, LLP 223 A Street Suite D Springfield OR 97477 Until a Change is Requested, Send All Tax Statements to: AGREEMENT FOR RESTRIcnvE COVENANT PARTIES: GRANTOR: Jan Staszewski and Monique Sonnenfeld (hereinafter "Grantors") The owners of the real property more particularly 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 oartition through the City of Springfield; Partition Number SUB2007-00008, Plat Number SUB 2008-00021 for property located 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 . Lane County, Oregon Records. 4. A condition of the Partition is. that all new electrical service to Parcel 2 shall be placed underground in accordance with Cityof Springfield Development Code, then Section 32.120(2). AGREEMENT FOR RESTRICTIVE COVENANT -1- -~ . . 'I 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 eiectrical 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 Deveiopment Code 32.120(2) alLn<:w elf'ctrical service to- Parcel 2 of Partition Plat No. SUB 2008-00021,-Recorded .- 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 Parcel 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: ~;:? By: Its: ~ ~}- , 'tt{ ,0--'-- ) /'. - JaD Staszewski - AGREEMENT FOR RESTRICTIVE COVENANT -2- }. . . ) , STATE OF OREGON ) ) ss, County of Lane ) Personally appeared before me this 315+ day of \loC'.Q "'" kwJU , 2008, the above named Monique Sonnenfeld, and acknowledged the foregoing instrument to be her voluntary act and deed, OffiCIAL SEAL NADJA R REYNOLDS NOTARY PUBUC .OREGON ./ COMMISSION NO, 4OB871 .' IlICOMM15SION EXflRE1i SEI'lEMBER 24, 2010 -~tf~ . Nota Public f Oregon My Commission Expires: ~~//J STATE OF OREGON ) ) 55. County of Lane ) Personally appeared before me this ~ day of ~. ~ , 2008, the above named Jan Staszewski, and acknowledged the foregoing instrument to be her voluntary act and deed, (8 OFACIALSEAL . NADJA R REYNOLDS : . j NOTARY PUBUC - OREGON \. / COMMISSION NO. 406B71 ...... MYCOMMISSIOII EXflRES S!PlEMBER 24, 2010 ~~L~ Nota Public Oregon ~ My Commission Expires: ?~t: ;;:20/0 STATE OF OREGON ) ) ss. County of Lane ) . Personally appeared before me this _ day of , 2008, the above named as , of the City of Springfield, and acknowledged the foregoing instrument to be his/her voluntary act and deed. Notary Public for Oregon My Commission Expires: AGREEMENT FOR RESTRICTIVE COVENANT -3-