HomeMy WebLinkAboutAgreement Miscellaneous 2/17/2008
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lEAHY,
VAN VACTOR ·
'& COX LLP ..
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223 A Street, Suite 0
Springfield, Oregon 97477-4500
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Joseph J. Leahy
Bill Van Vactor
Matthew J. Cox
Mary Bridget Smith
Kay Hyde-Patton
(541) 746-9621
FAX (541) 746-4109
ATTORNEYS
December 17, 2008
Monique Son
Jan Stas ski
3665 Ilshire Lane
E ene, OR 97405
Agreement for Restrictive Covenant
Dear Monique and Jan:
Please find enclosed a proposed Agreement for Restrictive Covenant which provides yqu
the opportunity to defer the requirement that electrical service to Parcel 2 be placed
underground until such time as an application is made for a building permit for Parcel 2.
If you have any questions about signing the document, please feel free to contact an
attorney of your choice. I have also sent a copy to Marv Krush. Please be aware that
we will insert information into the document at Recital Number 3 and Section Number 1
after it has been signed. Please note that the Agreement must be signed before a
notary public. When returning the signed Agreement to my office, please provide a
check payable to Lane County Deeds and Records in the amount of $36.00 for
recording fees.
With respect to this Agreement for Restrictive Covenant, the following procedure will
occur.
Upon receipt of the signed Agreement and recording fees, I will inform Molly Markarian
that the document has been signed and returned. Molly will then contact you to
complete the filing of the Partition. Upon filing of the Partition, the filing information
from the Partition will be inserted in Recital Number 3 and Section Number L Upon
insertion of that filing information, the Agreement for Restrictive Covenant will be sent
to Lane County for recording along with your check for recording fees. I will return the
original recorded Agreement for Restrictive Covenant to you once it has been recorded.
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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 RESTRICTIVE 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 partition 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 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) all new electrical 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:
Monique Sonnenfeld
By:
Its:
Jan Staszewski
AGREEMENT FOR RESTRICTIVE COVENANT -2-
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STATE OF OREGON )
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County of Lane )
Personally appeared before me this _ day of , 2008, the above
named Monique Sonnenfeld, and acknowledged the foregoing instrument to be her voluntary
act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON. )
) ss.
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.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) 55.
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 RESTRICITVE COVENANT -3-