HomeMy WebLinkAboutApplication APPLICANT 9/19/2005
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Application, Type It
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. Applicant Name:
Company:
Address:
Applicant's Rep,:
Company:
Address:
Property Owner:
,Company:
Address:
ASSESSOR'S MAP NO: 17-03-2431
Property Address: 3 2.85 lCc,~
Size of Property: 5.42
Proposed Name of Subdivision: Le a
Description of 20-lot residential subdivision
Proposal:
Existing Use: Orchard
# of Lots/Parcels: 20
Avg. Lot/Parcel Size: 8,828 sf
4
dujacre
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Zoning: LDR
Applicable Refinement Plan:
Location: City Limits 0
Associated Applications: LRP2004-00032
Pre-Submittal
Case No.: pl{.e '2cD5....0uo'k. Date:
Case No.: :5\.J,{2.., 7 ..KT\'(' -~::r Date:
Application Fee: Postage Fee:
Overlay District:
Plan Designation: LDR
Urban Growth Boundary I25J
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Reviewed by:
(initials)
Reviewed by:
(initials)
Total Fee:
Da'ie Received:
Planner:
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Steps in the Process;
1. The Applicant Submits a Pre-Submittal Meeting Applic~tion
The Pre-Submittal Application is mandatory but there Is no additional review fee for this
service. The submittal package must conform to the application completeness checklist
attached to this form. You are required to submit 7 copies of the submittal requirements
packet for pre-submittal review. Pre-submittal meetings will be conducted every Tuesday
and Friday between 10:00 am and noon. We will strive to conduct the Pre-Submittal meeting
within five to seven working days of receiving the application.
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2. Applicant and the City conduct the Pre-Submittal Meeting
we strongly encourage you, the owner and design team to attend the1!re-Submittal meeting.
The meeting will be held with representatives from Public Works Engineering and
Transportation, Community Services (Building), Fire Marshall's office, and the Plannl1'ig
Division. The meeting will be scheduled for 30 to 60 minutes. The Planner will provide you
with a Pre-Submittal Checklist at the end of the meeting specifying the items required to
make the application complete-if it isn't already complete. You will then have 180 days to
make the application complete for submittal and acceptance by the City.
3. Applicant Submits a COmplete Applica;tiQ.n
When you have add~~ed all of the items on the Pre-SubmIttal Checklist, please submit 18
copies of the complete application to the City., A fee will be collected at that time and the 120
day calendar review period will begin., When the Planner has pr~reda draft land use .
decision, the draft will be mailed/faxed to the applicant/owner/design team for their review.-'
At the applicant's request, the planner will schedule a meeting to review the draft with
appropriate staff if certain issues need resolution before the final land use decision is issued.
Owner's Signature
This application will be used for both the required P,re-Submittal Meeting and subsequent
complete application submittal. Owner's signatures are required at both stages in the application
ptocess. An application without the Owner's signature will not be accepted.
The undersigned acknowledges that the Information in this application is correct and accurate for
scheduling of the Pre-Submittal Meeting.
o~nerQ/tC ~,."'_ (Q,.-j;;;.,;o)(? Date: S-9-0~c,-
II Signature : ~DtLe N
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Print /
Da(e Received:
Plannet
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09/19/2005 MaN 13:35
FAX 541 687 0739 GOEBEL ENGINEERING
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I represent this application to be complete fer submittal to the City. consistent with the
completeness check. perfOrmed on this application at the Pre-Submittal Meeting, I affirm 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 reQuir~rnei'lts of ORS 227.178 pertaining to a complete
application
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Compliance with SDC Article 35
Subdivision Standards
Written Statement
Date Received: L1 ~ { q -D6
Planner: .. -=:rD
September 2005 I Dr lfo ~
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 2 of 16
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SDC ARTICLE 35
SDC 35.010(1)
PURPOSE AND APPLICABILITY.
Purpose. The purpose of the Subdivision process is to: Facilitate and
enhance the value of development; Regulate land divisions that create 4 or
more lots within a calendar year; Maintain the integrity of the City's
watercourses by promoting bank stability, assisting in flood protection and
flow control, protecting riparian functions, minimizing erosion, and
preserving water quality and significant fish and wildlife areas; Ensure the
provision of public facilities and services; Providing for connectivity
, between different uses; Utilize alternative transportation modes including
and walking, bicycling and mass transit facilities; Implement the Metro
Plan, applicable refinement plans, specific area plans and specific
development plans; Minimize adverse effects on surrounding property
owners and the general public through specific conditions of approval; and
Otherwise protect the public health and safety.
SDC 35.010(2)
Applicability. The subdivision process shall apply within the City and its
urbanizable area. No lots may be created without being subdivided in
accordance with the standards of this Code. No development permit will
be issued by the City prior to approval of the Subdivision Tentative Plan
application.
Exception: In certain cases. The Director may issue a Land and Drainage
Alteration Permit prior to approv;al of the Subdivision Tentative Plan.
SDC 35.010(3) Solar Access Standards
SDC 35.010(3)(a) Applicability. The provisions of this Section shall apply to all land division
in the LDR and MAR. Districts. Lots complying with this standard must
be identified as such on a separate recorded document.
SDC 35.010(3)(b) Design Standard. All partitions or land divisions shall be platted to provide
solar access to parcels or lots to ensure that at least 80 percent of the lots
and/or housing units in a development subject to this section shall comply
with one or more of the options below:
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Legacy Estates Subdivision
Tentative Subdivision Appiication
September 2005
Section 10
Page 3 of 16
There are 20 lots proposed as part of this subdivision application. 80% of the
proposed lots (16 lots) are required to comply.
SDC 35.010(3)(b)(1)
Basic Requir~ment for Subdivisions and Partitions. A lot complies
with this section if it:
SDC 35.010(3)(b)(I)a.
Has a north-south dimension of 90 feet or more; and
SDC 35.010(3)(b)(I)a.
Has a front lot line that is oriented within 30 degrees of the true
east-west axis.
Lots 15 and 16 are the only lots,thatcomply with both sections of this code. All
of the other proposed lots front On the extension of Iff" or 1 Jh Street, which are
north-south streets. Therefore, two (2) lots comply with this code criteria.
SDC 35.010(3) Solar Access Stand~ds
SDC 35.010(3)(d) Performance Option. A lot complies with this section if:
SDC 35.010(3)(d) Adjustments to the Design Standard. The city manager or his or her
designee shall reduce, the percentage oflots that must comply with Section
3 to the minimum ext,ent necessary if it finds the applicant has shown one
or more of the following site characteristics apply.
SDC 35.010(3)(d)L Density. If the design standard in Section 3 is applied, the resulting density
is less than that proposed or allowed by this code. The following
conditions, among others, couId constrain the design of the development in
such a way that compliance with Section 3 would reduce allowed density.
The applicant shall show which if any of these or other site characteristics
apply in an application for a development.
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 4 of 16
There are three (3) roads that terminate on the property boundary. Each of
these roads need to be extended into the property to allow for connectivity to
adjacent lands. North 1(1' and North Ij1h are both north/south streets that
continue an existing north/south grid pattern that cannot be reoriented to
comply with the solar criteria.
SDC 35.020(1)
TENTATIVE PLAN REVIEW
SDC 35.030 TENTATIVE PLAN - GENERAL.
In any residential land division, lots and blocks shall conform to the following
standards:
SDC 35.030(1)
The lots dimensions shall conform to the minimum standards of this Code.
When lots are more than double the minimum and desimated by the
district, the Director shall require that such lots be arranged:
Lots 15 and 16 are the only lots.with an east/west street orientation. Lot 15 has
a frontage of 115' and a lot area of 12, 466 square feet which is greater than
double the minimum requirement. Lot 16 has a frontage of 79' and a lot area of
11,271 square feet, which is also more than double the minimum requirement.
Lots 1 and 2 are the only lots (on a north/south street) that are greater than
double the minimum requirement Therefore, Lots 1, 2, 15 and16 shall comply
with 5DC 35.030(I)(a) and (b).
SDC 35.030(2)
Double frontage lots shall be avoided except where necessary to prevent
access to residential development from collector and arterial streets or to
overcome specific topographic disadvantages.
None, of the lots in the proposed subdivision are double frontage lots.
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
SDC 35.030(3)
Section 10
Page 5 of 16
Panhandle Lots.
The applicant/developer has not proposed any panhandle lots.
SDC 35.030(4)
Blocks shall not exceed 1200 feet in length and shall not exceed 800 feet
without improved pedestrian ways, except blocks abutting arterial streets.
Minimum block length shall not be less than 100 feet.
The proposed subdivision, Legacy Estates, provides connection between Vera
Street, North 1ft' and I;1/'. Theproposed street configuration complies with this
section of that code.
SDC 35.040(4)
SUBDIVISION STANDARDS TENTATIVE PLAN DRAFTING
REQUIREMENTS
The design team has noted and adhered to the drafting requirements set for in
the code.
SDC 35.040(4)(d) The proposed name of the subdivision with appropriate identification of the
drawing as a Tentative Plan; the name cannot duplicate the name of any
other subdivision in Lane County unless the proposed subdivision is
. adjacent to that subdivision and is platted by the same person who platted
the subdivision bearing the same name.
The subdivision name, Legacy Estates, has been reserved (see $ection 20) and is
reflected on the paperwork submitted as a part of this application packet
SDC 35.040(2)
Site Assessment of the entire development area. The Site Assessment shall
be prepared by an Oregon Licensed Landscape Architect or Engineer and
drawn to scale with existing contours at I-foot intervals and percent of
slope that precisely maps and delineated the areas described below
Proposed modifications to physica; features shall be clearly indicated. The
Director may waive portions of this requirement if there is a finding that
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 6 of 16
the proposed development will not have an adverse impact on physical
features or water quality, either on the site or adjacent to the site. Adjacent
properties include those within the distance specified in Section 31.020(2)
(c ) of this Code. Information required for adjacent properties may be
generalized to show the connections to physical features: A site
Assessment shall contain the following information:
The application packet has been signed by a licensed civil engineer.
SDC 35.040(2)(b) The 100-year flood plain and flood way boundaries on the site, as specified
in the latest adopted FEMA Flood Insurance Tax Maps or FEMA
approved letter of Map Amendment or Letter of Map Revisions;
The application packet complies and a copy of applicable FEMA information is
noted in Section 23. The base flood elevation (BFE) on the site is between 447'
and 448~
SDC 35.040(3)
A Stormwater Management Plan drawn to scale with existing contours at
I-foot intervals and percent of slope that precisely maps and addresses the
information described below. In areas where the percent of slope is 10
percent or more, contours may be shown at 5- foot intervals. This plan
shall show the stormwater management system for the entire development
area. Unless exempted by the Public Works Director, the City shall require
that an Oregon licensed Civil Engineer prepare the plan. Where plans are
proposed as part of the stormwater management system, an Oregon
licensed Landscape Architect may also be required. The plan shall include
the following components:
Section 12 of this application packet includes the Hydrology Report (including the
Scoping Sheets) and data as required by this section of the code.
SDC 35.040(4)
A Response to Transportation Issues complying with the standards of this
Code.
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 7 of 16
SDC 35.040(4)(a) The locations, condition, e.g., fully improved with curb, gutter and
sidewalk, AC mat, or gravel, widths and names of all existing streets,
alleys, or other right-of-way within or adjacent to the proposed
subdivision.
All streets abutting the site are improved with ashalt paving, curbs and
sidewalks.
SDC 35.040( 4)(b) The locations, widths and names of all proposed streets and other rights of
way to include the approximate radius of curves and grades. The
relationship of all proposed streets to any projected streets as shown on the
Metro Plan, including the TransPlan, any approved Conceptual
Development Plan and the latest version of the Conceptual Local Street
Map;
North 1d" and 1;d' Streets are proposed to transition from 32' of paving to 28' of
paving in 50' right-of-way. The Vera Street extension is only 100' long, so the
applicant is proposing continuation of the existing 32' of paving in a 50' right-of-
way. All radii are noted on the tentative plans.
SDC 35.040(4)( c) The locations, and widths of all existing and proposed sidewalks and
accessways, including the location, size and type of plantings and street
trees in any required planter strip; pedestrian trails; and shared-use paths;
Sidewalks and street trees are shown on the tentative plans (included herewith).
SDC 35.040(4)( d) The locations of existing and proposed traffic control devices, fire
hydrants, streetlights, power poles, transformers, neighborhood mailbox
units and similar public facilities, where applicable;
This information is provided as needed (on the tentative plans).
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 8 of 16
SDC 35.040(4)( e) The location and dimensions of existing and proposed curb cuts, where
applicable.
Only one curb cut is proposed as a part of this application. That curb cut is the
existing structure on Tax Lot #600.
SDC 35.040(4)(f)
The location of existing and proposed street lighting; including the type,
height and area of illumination;
These details are shown on the plans included as a part of this application
packet.
SDC 35.040(4)(g) The location of existing and proposed transit facilities; and
This information is noted on the plans included as part of this application packet
SDC 35.040(4)(b), A copy ofa Right-of-Way Approach Permit application where the property
has frontage on an Oregon Department of Transportation (ODOT) facility;
and
This criteria is not applicable and, therefore, not required.
SDC 35.040(4)(i)
A Traffic Impact Study prepared by a Traffic Engineer where the existing
andior proposed development will produce more than 250 vehicle trips per
day.
This criteria is not applicable and, therefore, not addressed herein.
SDC 35.040(5)
A Future Development Plan. Where redivision is allowed by this Code, the
Subdivision Tentative Plan shall include a Future Development Plan that
indicates any proposed redivision, including the boundaries and sequencing
of each proposed redivision. Any redivision shall progress in a sequence
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 9 of 16
that promotes street connectivity between the various phases of the
development and accommodates other required public improvements,
including but not limited to sanitary sewer stormwater management, water
and electricity.
No future redivision will be practicable for the subject property, although Lots 1,
2,15 and 16 are greater than double the minimum area.
SDC 35.040(6) Additional information and/or applications required at the time of
Subdivision Tentative Plan application submittal shall include items (a)
through (e) and may include; but not limited to items (f) through (0):
SDC 35.040(6)(a) A brief narrative explaining the purpose of the proposed subdivision and
the existing use of the property.
The 5.4 acre site is currently used as a filbert orchard, with dwelling structures.
These structures are to be removed for a 20-lot single-family residential
subdivision.
SDC 35.040( 6)(b) All public improvements proposed to be installed and the approximate time
installation is desired including the method of financing.
All public improvements for this subdivision include wastewater, stormwater,
water, electric, natural gas, communications, street lights, street trees, sidewalks,
curbs and paving. All proposed improvements are shown on the tentative plans.
Construction is scheduled to begin in June 2006 and be comple~ed by October
2006.
SDC 35.040(6)(,c) If the applicant is not the property owner, written permission from the
property owncr shall be required.
The applicant is not the property owner. Please see title report (Section 5) which
has been included as a part of this application packet A copy of the purchase
agreement is also included in Section 8, directly following the title report
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 10 of 16
SDC 35.040(6)(d) A Vicinity Map drawn to scale showing bus stops, streets, curb cuts,
pedestrian connections, fire hydrants and other tranSportation/fire access
issues within 200 feet of the proposed subdivision and all existing
subdivision, partition and tracts of land immediately adjacent to the
proposed subdivision.
Please refer to Sheet #6 of the tentative plans.
SDC 35.040(6)(e) A Title Report prepared within one month of the date of submittaL
A Preliminary Title Report has been provided as Section 5 of this application
packet Supplemental title repo(ts (with more current date) will be provided
upon request/necessity.
SDC 35.040(6)(1)
If development is to be phased, a Future Development Plan for the
remainder of the property shall be provided, including timing and financial
provisions. .
The applicant is not proposing to phase this project.
SDC 35.040(6)(g) Proposed deed restrictions and a draft of a Homeowner's Association
Agreement, where appropriate.
No deed restrictions are proposed.
SDC 35.040(6)(b) A Soils and Geology Report for slopes 15 percent or greater and in
accordance with Article 26 of this Code.
The average slope across the site is less than 15%.
M:\Pers-DiM - C\Corey\Legacy Estates (02414)\Tent-SD\Narr SDC Art 35.wpd
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 11 of 16
SDC 35.040(6)(i)
How the proposal addresses the standards of the applicable overlay District
where the development area is within an overlay District'.
The subject property is not within an overlay District.
SDC 35.040(6)0)
How the proposal addresses Discretionary Use criteria.
This code criteria is not applicable and, therefore, not included in this packet
SDC 35.040(6)(k) A Tree Felling Permit as specified in Article 38 of this Code.
The subject site contains ten (10) trees. Four (4) of these trees are to be
removed for lot development purposes, four (4) are in the right-of-way. Two (2)
trees are to remain.
SDC 35.040(6)(1)
An Annexation application as specified in Article 6 of this Code where a
subdivision is proposed outside of the city limit but within the City's urban
services area and can be services by sanitary sewer.
This item is not applicable and, therefore, not addressed herein.
'SDC 35.040(6)(m) A wetland delineation approved by the Division of State Lands where there
is a wetland on the property, shall be submitted concurrently.
The applicant is not aware of any wetlands on the property. Therefore, no
delineation has be submitted to the Division of State Lands.
SDC 35.040(6)(0) Evideoce that any required federal or state permit has been applied for or
approved shall be submitted concurrently.
No federal or state permits are required for this project.
M:\Pers-DiM - C\Corey\Legacy Estates (02414)\Tenl-SD\Narr SDC Art 35.wpd
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.
Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 12 of 16
SDC 35.040(6)(0) A Geotechnical Report prepared by an Engineer shall be submitted
concurrently if the required Site Assessment Section 35.040(6)(0) of this
article indicates the proposed development area has unstable soils and/or a
high water table as specified in the Soils survey of Lane County.
No Geotechnical Report is required per this code criteria. SCS Soils Report is
included as Section 21 of this application packet
SDC 35.040(7)
The locations and widths of all existing and proposed sidewalks and
accessways, including the location, size and type of plantings and street
trees in any required planter strip; pedestrian trails; and shared-use paths.
All existing and proposed Items listed above are reflected on the plans included a
part of this submittal packet
SDC 35.040(8)
The location and size of all existing and proposed utilities including but not
limited to, sanitary sewer mains, storm drains; water lines; electric,
telephone, TV cable, and gas lines; an street lights.
All utilities are shown on "the plans included as part of this submittal packet
SDC 35.040(9)
The locations widths and purpose of all existing or proposed easements on
and abutting the proposed subdivision; the location of any existing or
proposed reserve strips.
All existing easements reflected on the title report (see Section 5) are reflected
on the plans included as a part of this submittal packet.
SDC 35.040(10)
The locations of all areas to be dedicated or reserved for public use, with
the purpose, condition or imitations of the reservations clearly indicated
Street dedications are clearly noted. Public utility easements are also proposed
as a part of this application.
M:\Pers-Dir\A - C\Corey\Legacy Estates {02414)\Tent-SD\Narr sac Art 35.wpd
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.
Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 13 of 16
SDC 35.040(11)
The approximate lot layout and the approximate dimensions of each
building site, where applicable, and the top and toe of cut and fill slopes to
scale.
The approximate lot layout and dimensions of each lot are reflected on the plans
included herewith. There are no cut and fill slopes proposed and none currently
exist on this site.
SDC 35.040(12)
The location, outline to scale and present use of all existing structures to
remain on the property after platting and their required setbacks from the
proposed new property lines.
All existing structures on the site are to be removed.
SDC 35.040(13)
The classification of each lot or building as complying (solar lot) or not.
complying (non-solar lot) with Section 35.010(3) ofthis Article.
The solar lot classifications for each lot are reflected on the plans included as
part of this application packet
SDC 35.040(14) The following additional information shall be submitted with the tentative
plan: ,
SDC 35.040(14)(a) A brief narrative explaining the purpose of the proposed subdivision and
the existing use ofthe property.
The 5. 4 acre site is currently used as a filbert orchard, with dwelling structures.
These structures are to be removed for a 20-lot single-family residential
subdivision.
M:\Pers-DiM - C\Corey\Legacy Estates (02414)\Tent-SO\Narr soe Art 35.wpd
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 14 of 16
SDC 35.040(14)(b) All public improvements proposed to be installed and the approximate time
installations is desired including the method of financing.
All public improvements for this subdivision include wastewater, stormwater,
water, electric, natural gas, communications, street lights, street trees, sidewalks,
curbs and paving. All proposed improvements are shown on the tentative plans.
Construction is scheduled to begin in June 2006 and be completed by October
2006.
SDC 35.040(14)( c) If development is to be phased, a Future Development Plan for the
remainder of the property shall be provided, including timing and financial
provisions.
This project is scheduled to be completed as a single phase, therefore, no Future
Development Plan is required.
SDC 35.040(14)(d) Proposed deed restrictions and a draft of the Homeowner's Association
Agreement where appropriate.
,
No deed restrictions are proposed.
SDC 35.040(14)(e) A Soils and Geology Report for slopes 15 percent or greater and in
accordance with Article 26 of this code.
The average slope across the site is less than 15%. Therefore, no Soils and
Geology Report is required.
SDC 35.040(14)(f) A Title Report prepare within one month of the date of submittal.
A Preliminary Title Report has been provided as Section 5 of this application'
packet Supplemental title reports (with more recent date) will be provided upon
request/necessity.
M:\Pers-DirIA - C\Corey\Legacy Estates (02414)\Tent-SD\Narr SDCArt 35.wpd
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.
Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
Section 10
Page 15 of 16
SDC 35.040(15)
For Cluster Subdivision the following additional infonnation shall be
submitted with the tentative plan.
The applicant is not proposing developing a Cluster Subdivision on the subject
site. Therefore, this code criteria is not applicable.
SDC 35.050 TENTATIVE PLAN - CRITERIA FOR APPROVAL
The Director shall approve or approve with conditions a Subdivision Tentative
Plan application upon determining that criteria (I) through (8) of this Section have
been satisfied. If conditions cannot be attached to satisfy the criteria, the Director
shall deny the application.
SDC 35.050(1)
The request as conditioned fully confonns to the requirements of this Code
pertaining to lot size and dimensions. '
All lots are greater than 4,500 square feet for east/west access lots, 5,000 square
feet for north/south lots, and 6,000 square feet for cul-de-sac lots. Lot frontages
exceed the minimum dimensions noted in SDC 16.030.
SDC 35.050(2)
The zoning is consistent with the Metro Plan diagram and/or applicable
refinement plan diagrams.
The current zoning is LDR, which is consistent the Plan designation.
SDC 35.050(3)
Proposed on-site and off-site public and private improvements are
sufficient to accommodate the proposed development as specified in
Article 31, 32 the appropriate zoning and/or zoning overlay District Article
and any applicable refinement plan.
The proposed improvements are consistent with this code criteria.
M:\Pers-DiM - C\Corey\legacy Estates (02414)\Tent-SD\Narr SDCArt 35.wpd
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Legacy Estates Subdivision
Tentative Subdivision Application
September 2005
SDC 35.050(4)
Section 10
Page 16 of 16
Parking areas and ingress-egress points have been designed to: facilitate
vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide
connectivity within the development area and to adjacent residential areas,
transit stops, neighborhood activity centers, and commercial, industrial and
public areas; minimize curb cuts on arterial and collector streets as
specified in Article 31, 32, the appropriate zoning and/or zoning overlay
management standards for state highways.
All required parking will be met within each lot; in garages and in front of
driveways.
SDC 35.050(5)
Physical features, including but not limited to significant clusters of trees
and shrubs, watercourses shown on the WQLW Map and their associated
riparian areas, wetlands, rock outcroppings and historic features have been
evaluated and protected as required by this Code.
There are no physical features present on the site except for ten (10) walnut and
fruit trees. None of these trees are significant or rare per Springfield code
. criteria.
SDC 35.050(6)
The proposed development and associated site alterations have been
designed and located in a manner that demonstrates that they will protect
the state and federally designated beneficial uses of and standards for
groundwater and surface water quality on and/or adjacent to the site and
will ensure that state antidegragation requirements are met.
All proposed improvements meet groundwater and surface water quality
requirements.
SDC 35.050(8)
Adjacent land can be developed or is provided access that will allow its
development in accordance with the provisions of this Code.
All adjacent lands (within the UGB) are fully or partially developed. The partially
developed Tax Lot 200 can be further developed with the completed construction
of North 1 tJh Street
M:\Pers-DirIA - C\Corey\legacy Estates (02414)\Tent-SD\Narr SDC Art 35.wpd
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9245601
BAR~AIN AND SALE DEED
JOSEPH PRODENi who took title as Joe Proden by way of ~~endec
Decree of Final Distribution November 9, 1984 In the Matter of
the Estate of pauline 'proden, Deceased, Lane county, Oregon Case
No.. 5-0-84-04'810, conveyS to PATRICIA ~. PRODEN, his wife, and
thereby creating an estate by the entirety, an undivided one~half
interest iq the following described real property in Lane County,
Oregon, to wit:
~.
)$.
,~,
"~
~~,
All property which is located in Parcel 1 and Parcel 2 as
shovn on Lartd Partition Plat No~ 92-P0235 filed and recorded
t/ July 21, 1992 in the Lane County O~e9on Partition Reoords,
containing 14.48 acres, more or less, all _itb1n Lane County,
oreqon.
The true and actual consideration for this conveyance 1s:
None.
THIS INS'1'RU~~'l' WILL N01' ALLOW USE OF 'l'llE PROPERTY DESCRIllED
IN THIS IllSTl<UMEN'1' III VIOLATIOll OF APPLIC-AllLE Ll\lttl USE LAWS AlID
flEGULATIONS. BEFORE SIGNIN~ OR ACCEPTING 'l'llIS INsTRUMENT. 'l'llE
PERSON ACQUIllIIlG FEE TI'1'LE TO 'l'JIE PROPEltT'i sHOULD CIlEClI III'l'II 'l'JIE
APPROPRIATS CITY OR COUNT'i pLANNING DEPARTMENT TO VtRIFY APPROVED
USES.
U~tll a chan~e 1s requested all tax statements are to be
sent to tbe following .~dress.
Mr. ,'.Mrs. Joseph l'roden
2290 Hayden Bridge Roa~
Spr~ngftela. Oregon 97477
~.13''/2lI04ll$ S.~
tUti\lJll.t3'~ 1ll.~
~.13'92ll!l4Il&1 F\H)211'1Il
~~en~
STATE OF OREGON
so.
County of Lane
. Tbe fo"egoing instrument ..ae "cknO\lle~9ed before me this
.,J;J.!!5-dsy of AU!JUst. 1992 by Joaepb Prode1l.
~~/) ."
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NO . hb i.C OJ::' orQoiI,:"" . F...
My CQOllIIiaBi\lll exp~"'ii"i"!~~-e'~
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A PORTION OF THE WEST HALF OF SECTION 24, TOWNSHIP 17 SOUTH, RANGE
3 WEST OF THE WILLAMETTE MERIDIAN, BEING A PORTION OF PARCEL 2 OF
. LAND PARTITION PLAT NUMBER 92-P0235, RECORDED IN LANE COUNTY
SURVEY FILE NO. 30688, EXCEPTING THAT PORTION SET OUT IN THAT
JUDGMENT IN LANE COUNTY CIRCUIT COURT CAse NUMBER 16-92-04047,
NOTICE OF WHICH WAS RECORDED JANUARY 10, 1994, RECEPTION NUMBER
94-01874, LANE COUNTY OREGON DEED RECORDS, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID LAND
PARTITION PLAT NUMBER 92-P0235; THENCE FOLLOWING ALONG THE
EASTERLY LINE OF SAID PARCEL 2, NORTH 0'05'36" WEST 623.92 FEET;
THENCE LEAVING SAID EASTERLY LINE AND FOLLOWING ALONG THE
NORTHERLY BOUNDARY OF SAID PARCEL 2, WEST 184.99 FEET; THENCE
SOUTH 0'53'12" EAST 130.00 FEET; THENCE SOUTH 85'00'00" WEST 112.00
FEET; THENCE NORTH 0'53'12" WEST 120.27 FEET; THENCE SOUTH 80'04'27"
WEST 112.72 FEET TO A POINT ON THE EASTERLY LINE OF THE
. AFOREMENTIONED NOTICE OF JUDGMENT; THENCE LEAVING SAID
NORTHERLY BOUNDARY AND fOLLOWING ALONG SAID EASTERLY LINE SOUTH,
0'07'39" WEST 583.35 FEET; THENCE LEAVING SAID EA$TERL Y LINE AND
FOLLOWING ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89'46'13"
EAST 409.76 FEET TO THE POINT OF BEGINNING, CONTAINING 5.42 ACRES,
MORE OR.LESS, ALL WITHIN SAID SECTION 24, SPRINGFIELD, LANE COUNTY,
OREGON.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
/,.
, J....._-I
-~
EGON
JULY 16,1967
SCOTT J. GOEBEL
2280
'RENEWAL DATE: {JPp<>los-
Date Received: q --lj --05
Planner. S D
N;\PUB-DAT AI02414-04\notes\ANNEXA TION _PARCEL. rtf
05/17/2005 TUB 10:26 FAX 541 682 3947 LANE CO. LAND MGMT.
05/16/z005 MON 14:45 FAX 541"" 0739 GOEBEL ENGINEERING
e-
@001l001
~OO2l00Z
Subdivision I Condominium
Name Reservation
Lane County Surveyors Oil'ice
IZSE.8fhAveIllle
Eugene, OR 97401
Phone: (541) 682-4195
Fax: (541) 682-3947
Please complete thislOrm and submit to the Lane Count;y SurveyOr.5
OJIice.
Date:
16 May 2005
Legacy Estates
17-03-2431
Springfield, Lane Co.
Scott J. Goebel
Subdivision I Condominium Name:
T-R-S:
Jurlsdiction:
Surveyor:
Developer:
David Corey (Corey Dev. u..c)
I Scott Goebel understand that if the above DllD1e is DOt
pending orrecordoo within thtee (3) years the name 'Will no longer be
reserved for use.
.~P~
~V
The Lane Collllly SurveyOIS Office does he.reby approve and reserve tile above name
plI1'SUlllltto ORS 92.090 fORS loo.lIS (5) &; (6).
~/?/ 4-_ t;::~o
R=vation ExpiJ:1lS: S /f ~6'
/
vc:i-s
Co_ a ~
Phone' 66'2::ri:f6.
Fax #
Phone .
Fax' '<56:
-'-
.
.
SCS SOILS DATA
The subject site is mapped on SCS Sheet Number 77. The site is comprised of Soil
Numbers 75. 75 is Malabon silty clay loam. 76 is Malabon-Urban land complex.
The following information about each soil type was obtained from the SCS Manual.'
t!1alabon Silty Clay Loam
Malabon Silty Clam Loam is described as being deep, well drained soil, that is formed in
silty and clayey alluvium. The areas are 3 to 100 acres or more in size, elongated in
shape.
The surface layer is described as typically being very dark brown and dark brown silty
clay loam, about 12 inches thick. The subsoil is noted as dark brown and brown silty
clay loam and silty clay about 30 inches thick. The substratum is described as brown
clay loam to a depth of 60 inches or more. Stratified sand and gravel are at a depth of
40 inches or more in some areas. The :permeability of this soil is moderately slow and
the hazard of water erosion is slight.
The Soils Manual notes that one of the primary uses for this soil type is for crops,
especially hay and pasture. This unit is suited to recreational development. The main
limitations of this unit for homesite and urban development are the moderately slow
permeability and moderate shrink-swell potential, which may limit construction of
basements and cerain other types of structures.
I
Soil Survey of Laf1e County Ama. Oregon, prepared by United ,States Department of Agriculture, Soil Cons8Nstion S6Nice in cooperation with the United
States Department of the Inferior, Bureau of Lend Management, Oregon, Agricultural Experiment Station; and Lane County, dated September, 1987
M:\Pers-DiM - C\Corey\Legacy Estates (02414)\SCS Soils Data (Pamela v1).wpd
Date Received:
Planner:
q~lq-05
).'....,
" '
Of)
SEP. 16.2005 1 :49PM
Amer. en
Title~~~
r'~_ ~..~~
\..troop -e:~
NO. 424
P. 2
.
AgOll.t for
Pacific Northwest Title Insurance Company, me.
4m SUPPLEMENTAL PRELIMINARY TITLE REPORT
Schedule A
1. Effeetive Date: September 6, 2005 at 8:00 a.m.
Title Report No. 000:0360
2. Title to the fee simple estate or interest in the land de="ed or referred to in this l're\immary Title Report is at the
effective dare hereof vested in: .
JOSEPH PRODEN and P A-TRlCIA A. PRODEN, as Tenants by the Entirety
3. The land referred to in tbis Preliminmy Title Report is described as follows:
See Exhibit A attached her-eto and made a part hereof.
AMERICAN TrnE GROUl'
BY.~dA,l/_ ~L
AurIlllrized Qffieer of AgCll!
Judith K. Turk, Title Offieer
If you have any questions, please feel free to contact your Escrow Offieer:
Name:
Gina LBrson. Escrow Officer
gina@goatg.com
Location:
COuntIy Club B=c.b.
560 ColWI)' Club Pkwy, #110
Eugene, Oregon 97401
Ph: (541) 338-3350 Fax: (541) 338-3362
Additional Copies Sent To:
1. Windermere/Jean Tate..Gary Fisk
2. Windermere/Jean Tate-Fran Loesch
3. Joseph & Patricia l'roden
4. David Corey
5. Goebel Engineering - Debbie Smith
Date Received: q - f1~o5
Planner. cro
I of' 22~
This Preliminary Title Report is invalid unless the insuring provisions and Schedules A and B lU8 attached. .
American Title Group 560 Countly C1ubPkwy. #110 Eugene, OR 97401 Phone (541) 338-3350 FAA (541)338-3362
SEP. 16. 2005 1: 49PM
~ ...- ~~-- .
.t1.IJ..H;:Ttcan
ntle~~~
r'.~_~~~
UlUUp -.:;
NO. 424
P. 3
.
, .
A8~t f~r
Pacific Northwest 'fitle Insurance Company, mc.
4. Policy or policies to be is5llCd:
(a) ALTA Owner's Policy Standard
Short TeI1l1 Credit Deduction
Policy Premium Amount:
Gov't Lien Search
Amount $ 875,000.00
Amount $( )
Pr=ium $ 1922.50
Premium $ 35.00
Propo~ed Insured:
DA VIO S. COREY
(b) ALTALoanPolicy
Short Term Credit Dednction
Policy PremiUlll Amount:
Endorsement 1-00/116/8.1
Additional Endorsement(s)
Gov't Lien Search
Amount $
Amount $(
PremiumS
PremiumS
Pr=ium S
Premium $
)
Proposed Insured:
(0) None
Short Term Credit Deduction
Policy Premium AmOllllt:
Endorsement 100/116/8.1
Additional EndorSemrn.t(s)
Gov't Lien Search
Aniount $
Amount $(
Premium S
Premium $
PremiumS
Premium S
)
Proposed Insured:
This preliminaly Title Report is invalid 1llIless the insuring provisions and Schedules A and B are attaohed.
Alne.rlcan Title Group 560 Coun1lY Club Pkwy. #110 Eugene, OR 97401 Phone (541)338-3350 Fax (541) 338-3362
SEP.16.2005 1:49PM
. q' .
,,;
PRELIMINARY TrrLE REPORT
NO. 424 . P. 4
Schedule B . Part I
('Requinowents)
Title Report No. 00023360
The following are the requirements to be complied with:
A. Pay the agreed amounts for the interest in tho land lllldIor mortgage to be insured
B. Pay US the premitlIlls, fees and chaIges for the Policy.
C. Document<< satisfactoxy to US cmting the interest in the land andlor mortgage to be insured must be signed, delivered and
recorded.
D. You must tell us in writing the name of anyone Ilot referred to in this Ccmmlltmwtwho wiII getan~in the land or
who wiII mske a 10lUl on the laIle!. We may than make additiOllal requixem.ents or exceptions.
E. Taxes for the f'.seal yearlZOOS-2006, a lien in. an amount to be detennined, but not yet payablt:.
F. Deleted
G. Delt:ted
H. Deleted
L Proof that there are no parties I.n possession, or clainling to be in possession, other tfum. the above~.
J. Any statutory lleus for labor or materials, inel"A~ liens for contributions clue to the State of Oregon for
unemploynlent compen$ation and for workmen's compeIlSations, which have now gained or hereafter may gain priority
OVer the lien of the insured mortgagee, which liens do not now appeal:' of record.
NOTE: Tues for the fiscal year 2004-2005, PAID. IN FULL.
Original amount: S718.39
Map No.: 17-03-24-31-004OQ
Account No.: 1478989
Code: 01904
Parcell
NOTE: Tailes fot the fi$eal y""1: 2004-2005, PAID IN FULL.
Original amount S1318.22
Map No.: 17-03-24-31-00500
Account No.: 1478997
Code: 01904
Parcell
NOTE: To the best of our knowledge the situs address as determined by the Lane County Assc:ssozs Office of tho ll=in
desctibed preznilies is:
3289 16th Street, Sprin,.ofield, Oregon 97477 (parccll)
Please note that the Situs Address and the Mailing Address of the property may not be the same in evexy case. If there is
a disotepanoy, please notifY OUt Title Depanm.eut immediately.
NOTE: To lhe best of our knowledge the situs address as detennined by the Lane County A.=ssors Office of the herein
descxibed premises is:
3;23516th Street, Springfield, Oregon 97477 (parcel 2) ,
:Please nOle that the Situs Address and the Mailing Address of the property may not be the same in evexy case. If there is
a discrepancy, please notify our Title Department immediately.
This commitment is invalid UIl!ess the insuring prOvisions and Schedules A and B are attached.
SEP. 16. 2005 1: 49PM
NO. 424
P. 5
.
SCHEDULE B-~Ut I - Continut
Commitm.eo.t No. 00023360
NOTE: We find no Liens, Judgments or United States 1.uternal Revenue Liens a~ainst Joseph Proden nor l'abjda A.
l'roden
NOTE: W. find no Liens, Judgments or United States Interoal Revenue Liens against David S. Corey
NOTE: TIns file is being Supplemented to add plmlAase price and addReq~_eJ.lt Item G.
NOTE: Supplemented to l'emove Requirements E, F, and G, show taxes paid
NOTE: Supplemented to update l"epoJ:t ;md delineate the excepted portion of the legal desr.ription.
REl'ORT Ul'DATED 09/16/05 TO BRlNG CURRENT AND ADn NEW J,U:QUIREMENTS 'E' AND NEW
EXCEPTION 19.
SEP. 16. 2005 1: 49PM
NO. 424
P. 6
.
.
PRELIMINARY TITLE REPORT
Schedule B - Part n
(ElI;ceptions)
ntle Report No. 00023360
Schedule B of the policy or policies to be illSllM Will coutaiD the exceptions to the following matters IIll1= the $ilm.e are
disposed of to the aatiBfllOtiOn of the Company.
1. Taxes or assessmllD.l.! which lire not shown as existing lians by the records of any taxiog snthority that levies taxes or
assessments on real plOperty or by the public record. Proceedings by a public agency which II\lIY JeSuIt in taxes or
IlSBeSsmeue, or notice of $uch proceedings, whether or not sIwwn by the records of such agency or the public record.
2. Any facts, rights interests, easements or claims of easl:Il1enl.! not shown by the public recotds but which ~ould"be
ascertained by an iI:l.spection of said land or by making u.,qui1;y of persons in possession thereof.
3. (a) Unpatented UlitIing claims; (b) reservations or exceptiollS in patents or in Acts authorizing the is$ulUlce thereof; (c)
water rights, claims or title to water, whether or not the mattms ll;Il;cepted under (a), (b), or (c) are shown by the public
records.
4. Discrepancies, conflicts ill boundary lines, e.ucroachmenls, overlaps, boundary disputes, shortage in area, or any other
matteis which would be disclosed by an acemate SUIVcy and inspection of the premises.
S. StatUtol:y liens or other liens or encumbrances, or claims thereof, labor or material. htJ:t.tofoxe or hereafter fumished,
imposed by law and not shown by the public records.
6. Rights or clainU of parties in possession not shown by the public records.
7. The rights ofrhe public ill and to that portion of the premises herein described 1yingwithin the limits of toads, streets and
highways.
8. The assessmm1 roll and the tax lOll disclose that the premises herein ddcn'bed have beeu. specially assessed as FamI Use
Land. If the land becomes disqualified for the special assessment under the statute, an additional tax may be levied for
previous yean; in which the farm use assesament was in effect for the land lIl1d in addition thereto a penalty may De levied
if notice of disqualification is not timely given.
9. ltights of the public and of governmental bodies in and to that portion of the premises herein cIescn"bedlying be10wthe
bigh water mark of the Mckenzie River. and the ownmhip of the State of Oregon in and to that portion 1ying b.clow the
high water raark thereof.
10. A1:J.yadverso claim based upon the assertion that the McK:mzie RiVOf has moved.
II. A1:J.yadverse claim based upon the assertion that some portion of said land is tJfjW or at any time has been within the
boundsri.es of the McKenzie River or the assertion that any portion of said ilIl1d has been created by artific.iaI means or
has accreted ID such portioIlS so created.
12. An Eas_ created by insIlumeat, includiJlg the Wlllll and provisions ~
Dated: FebIllai}'21,1955
Recorded: March 16, 1955, Recl55, Re.ception No. 51999, records orLane County, Cregol!.
In favor of: The City ofBugene. by and through the Eug= Water Board
For. Right of way. utilities
13. Easemeats for existing public u1l1i15es in vacated area of Harvest Lane and any conditions imposed thereby, .
Set forth in fustrumentRecordedMarch 4, 1991,ReceptionNo. 91.10433, records of Lane County, Oregon.
This commitxneat is invalid unless the insuring plOvisioDS and Schedules A and B are attached.
SEP.16.2005 1:50PM
. SCHEDULE B-P~rt n - contin'IJ.'
NO. 424
P. 7
Commitm,ent No, 00023360
14. Au Easement created bY inBtrument, including the terms and plovisiom thereof;
Rooorded: March 21,1991, Reel 1686, ReceptlonNo. 91-l3l33,reconls of Lane County, Oregon.
In favor of: The City of Eugene, by and through the Eugene Water & Electrie Board
For. Right of way, utilities
Affects: Paroell
15. An Easement created by iosUument, including the terms llD.d provisions thereot;
Recorded: June 5,1992, Reel 1766, Reception No. 92-30674, records of Lane County, Oregon.
In favor of The City of Eugene, by and through the Engt.lle Warer & Electric Board
For: Right of way, utilities
Affects: Parcell end o~ property
16. Au easewmt llD.d maintenance agreement, includiug the terms and provisions thereof;
Recorded: July 2, 1992, Reel 1772, Reception No. 92-36567, records of Lane County, Oregon.
For: Private Ro~
Affects: This and other pI"Opt{ty
17, An Agreement as set out in an instwment, including the terms and provisions thereof,
Recorded: July 2, 1992, Ree11772, R=option No. 92-36568, reeolds of Lane County, Oregon.
Betwcel1: Joe Proden and the City ofSpringfie1d .
For: Use and developmanl of the helem descnbed property (parcel 2)
18. Notes as set f011b. upon the partition plat;
a. Zoned Low Density ResidentiallU.F.
b. This propertY is !oeated in a flood hazlu-d zone and all development shall comply with laJ1e County flood plain
regulations.
19. An Annexation Agreaneu.t as set out in an instJ:ument, including the tenus and pmvision.s thereof,
Dated: March 4, 2005
Rooorded: Malch 24, 2005, Reception No. 2005-02092, records of Lane County, Oregon.
Bclweet).: The Qty of Springfield, an Oregon MunciPal Colporation and Joseph Proden and Patricia A.l'roden, as
tenants by the entirety
SEP. 16. 2005 1: 50PM
NO. 424
P. 8
.
.
EXHiiIt "An
Parcels 1 and 1 of Land Partition Plat No. 91-P013S, ided July 21, 1991, LlUle County Plat Records, in Lane County,
Oregon,
EXCEPTING THEREFROM: A:n.y portion lying within tha.t met set out m.that jo.dgn1enl in. Lane County Circuit
Court Case No. 16-91-04047, notice of which was Recorded January 10, 1994, lbIception No. 94:01874, Lane County
Oregon Deed Records, in. Lane County. Oregon, to-wit:
Beginning at the Southwest Cornel:' of the Felix Scott Donation Land Claim No. 51, To'lfllship 17 South, Range 3 West
of the Wilbmette Meridian and thence rnuning North 0' 03' 06" West 1905.79 feet to a point on the centerline of
Hayden Bridge Road (County Road No. 667); thence along said centerline North 890 37' 53" West 1110.87 feet;
thence lea1'ing said centerline and rnuning North O~ 03' 06" West 1578.24 feet to a point on the North boundary of
THE FIRST ADDITION TO D:ELROSE ADDmON, as platted and recorded in Book SO. Page 21, LlUle County
Oregon Plat :Records, said point being the True Point of Beginning; thence North 0' 03' 06" West 1413.00 feet to a
point on tbe Soutberly margin of Harvest Lane; thence along said Southerly margin along the are of:< 821,00 foot
radius core left (the long c:hord of whic:h bears North 63' 09' 46" ~t 9.89 feet) 9.89 feet to a point more or less on lIle
centerline of an existing overhead powerline running in a North-Sollth dire<:tion; thence running along said powedine
Sou.th 0' 07' 39" West 1417.49 feet to a point On the North balllldary of said plat; thence lea1'ing said pow~line and
ru.u.ning along said North boundary North 89' 46' 13" West 4.40 teet to lIle Tru.e Point of Beginning, an in LlUle
County, Oregon,
SEP. 16. 2005 1: 50PM
.
.
NO. 424
P. 9
Privacy Policy Notice
PURPOSE OF THIS..NOTICE
Title V of the Granun-Leach-Bliley Act (GLBA) generally prohibits any fil)~nr.ial
institution, directly or through its affiliates, from sharing nonpublic personal information
about you with a nonaffiliated third party unless the institution provides you with a notice
of its privacy policies and practices, snch as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed.. In compliance
with the GLBA, we are providing you with this document, which notifies you of the
privacy policies and practices of American Title Group and Pacific Northwest Title of
Oregon, Ine.
. We may collect noupublic personal information about you from the following
sources:
. Information we receive from you, such as on applications or other fonns.
. Information about your transactions we secure from our files, or from our
affiliates or others.
· Information we receive from a consumer reporting agency.
· Information that we receive from others involved in your transaction, such as the
real estate agent or lender. .
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no
additiomil nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or
former customers to our affiliates or to nooafIiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf
or with whom we have joint marketing agreements:
. Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
· Non-financial companies such as envelope stuffers and other fhlfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU wrrn ANYONE FOR ANY PURPOSE THAT IS NOT SPEClFICALLY
PERMlJ Hill BY LAW.
We restrict access to nonpublic personalinfonnation about you to lhose employees who
need to know that information in order to provide products or services to you. We
maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your noupubIic personal information.
SEP. 16. 2005 1: 50PM
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but ma. y not reflect changes in any legal des~ription.
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SEP.16.2005 1:50PM
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SEP. 16. 20OS- 1 :50P~1
NO. 424-P. 12
.
.
ANNEXATION AGREEMENT
This AuDexation Agreement ("Agreement'') is made between. the City of Springfield, an
Oregon municipal corporation ("City'') and Joseph Proden and Patricia A. Prodei1, as Te:wmts by 1he
Entirety, (''PRODEN'').
RECITALS
A. PRODEN owns the parcel(s) ofland legally described in Exhibit A., the Property, and shown
on the II1Ilp a.ttached as Exhibit B. The property is proximate to the jurisdictional limits of
the City and is subject to annexation by the Lane County Local Govemment Boundary
Commission ("BounWuy CoIDJllission'') following minor boundazy change processes.
B. PRODEN has submitted to the City an Annexation Application JOUtO.3l No. LRP2004-
00032, dated Novc:mber 20, 2004, for Assessor's Map No. 17-03-24-31, Lot 00500
(''Property'').
C. PRODEN also owns a parcel ofland, commonly known as Assessor's Map No. 17..{)3-24-
31, Lot 00400, wbicl1 is located northerly of1he Property and outside of the City's Urban
Growth Boundary (EFU Pared).
.D. PRODEN wishes to annex the Property to the City and seeks support fiom the City for the
annexation before the BoWldaxy Commission. The Springfield Common Council has
adopted Resolution No.d5-1O supporting the annexation.
E. The Property is currently designated as Low Density Residential On the Metro Plan and is
zoned LDRIUF-IO acoording to the SPzingfield Zoning Map.
F. Annexation of the Property requires a showing Wll:ler SDe 6.030(2) that the Property can be
provided with the minimwn level of key urban facilities and services as definlXi in the Metro
Plan Policy 8a, p.II-B-4, and such showing is supported by the substantial evidence in the
record of the proN><>iting on this annexation. City staff has detennined the minimum level. of
key urban services is CUII'ently available to the Property with the exception of public sanitary
sewer service. public stormwater management se.rrice, and street connectivity to adjoining
property that fully meet City Standards. The PllIJlOse of this Agreement is to memorialize
PRODEN's and City's commitment and agreement to the allocation of financial
responsibility for public facilities and services for the property and other usen; of the
Aftet Re~rding, Return to:
Place Bar Code Sticker Here:
r
2OO5-62029z . '
1111111/11111/ ~11I11II1111II111111111I1111"11" $71.00
006186!lll2110500202S20120128 .
. 03/24/2005 10:45:01 AM
RPR-ANNlC Cnl=l Stn=1!5 CASHIE:R 06
$60.00 $11.00 '
City of SpriogfieId
Public Works Department
225 Fifth Street
Springfield, OR 91471
Attn: EngineerlOg Division
Division of Chief Deputy CI~k
I.a.... County Deeds and Records
ANNEXATION AGREEMENT - Page 1 oflO
(ReviSion Dale 3nJO,)
SEP. 16.2005 1 :51PM
.
.
NO. 424
P. 13
facilities, sufficient to meet the City's requirements for the provision of key urban services
including public sanitary sewer, stonnwater. and tramporta.tion services necessary for an
affirmative City recommendation for the anIlelCation reques~.
G. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and propo~ed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
H. An existing public sanitary sewer system is located within Vera Street an<l approximately
100 feet east of the easterly boundary oithe Property. However, this e:dsting public sewer
is not connected to the remainder of the public sanitary sewer system and is therefore Dot
useable unless and until the following improvements are constructed in conformance with
the North Springfield Sanitary Sewer Moster Plan:
· A new SanitaIy Sewer Lift Station (Lift Station) to be cOllStmcted in the vicinity of
the future intersection of Vera Street and 19m Street.
. Approximately 420 feet of gravity sewer oiain (Vera Street Main) to be constnlc1ed
within a future easement from the existing public sanitary sewer line at the easterly
end of Vera Street to the planned Lift Station at 19lh Street.
. Approximately 900 feet of pressure and/or gravity sewer main (19lb Street Main) to
be cOXlstmc1ed within the 19t!l Street right-ofway to connect the Lift Station to the
existing public sanitaIy sewer located m the intel'Section of 191ft Street ap,d Yolanda
Avenue.
. The City of Springfield plans to budget funds sutncient to design and collS1ruct the.
Lift Station, Vera Street main and 19111 Street main within fiscal year 2005-2006.
The City has further deten:nined that it is in the public's interest to be reimbursed f\lr
a portion of the cost to construct these new sanitary sewer improvements from rhe .
benefiting properties. PRODEN is one of these benefiting property owners.
,
. A new sauitary sewer main will need to be extended from the existing main in Vera
Street to the property. . Furthermore. new sanitary sewer mains will need to be
extended across the Property to provide future sanitaIy sewer service to abuttmg
developed and undeveloped properties that do not currently have public sanitary
sewer service. These new sewer mains shall hereinafter be referred to as the "Sewer
Main Extensions".
I. A public stonnwater management system with sufficient capacity to serve the:Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a fimling that !hi s key urban service is avail~le to serve the Property.
J. The Property is cwnmtly used as an orclutrd and the stormwater 1UD0ff patterns from the
Property are cmrently Wldefined, Pursuant to the West Springfield Drainage Master Plan
and thePubUc Facilities and Services PI(11l, the Property and other lands within the City's
(ReVision Oat<: 3fJJOS)
ANNEXATION AGREEMENT -Page 2 oflO
SEP. 16.2005 1 :51PM
.
NO. 424
P. 14
.
Urban Growth Boundary (UGB) are planned to receive stonnwater service via a future
stonnwater channel along the westerly boundary oilhe EFU Parcel to the McKenzie River.
K. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire Bnd Life Safety serVices to and from the annexed property.
L. Three existing public streets abut the Property as follows:
. 16th Street abuts the southerly boundary of the property;
. 17th Street lIbuts the southerly boundary of the property; and.
. VerB Street abuts the easterly boundary of the property.
FurtheJTllore, an additional segment of Vera Street is located approximately 150 feet
westerly of the Property.
M. The Property abuts three sides of another parcel ofland, commonly known as Assessor'~ .
Map No. 17-03-24-31, Lot 00600, which is not owned by PRODEN and is not included in
Annexation Application ]Otullal No. LRP2004-00032. This parcel of land, which is
hereinafter referred to as TL 00600, is accessed from 1 f!' Street via a private easement
across the Property.
N. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
af!innative recommendation for annexation to the Boundary Commission, and in exchange
for the obligations of the City set forth below, PRODEN shall comply with all requirements
imposed on PRODEN in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. Oblil!ations of PROD EN. Consistent with the above recitals and subject to the issuance of
subdivision and public improvement plan approvals, PRODEN agrees to perform the obligations set
forth in this section. .
1.1 Apply for Subdivision Tentative Plan approval, plllSlUlllt to Springfield Devel9pment
Code Article 35, from the City for a residential subdivision on the Property witldn .
six (6) months of the effective date of the Boundary Commission's approval of
PRODEN's annexation request. This section is subject to the requirements of
Section 6, below.
1.2 Apply for, and obtain, Subdivision Plat approval pursuant to Springfield
Development Code Article 35, from the City for a residential subdivision on the
Property within two (2) years, unless extended by the City, of the date of the Limited
ANNEXATION AGREEMENT - Page 3 of 10
(Rcvj>i"" Dote 3/2/05)
SEP. 16.2005 1 :51PM
.
.
NO. 424
P. 15
Land Use Decision issued by the City for any Subdivision Tentative Plan approval
issued p\lISuant to Section 1.1, above. This section is subject to the requirements of
Section 8, below.
1.2.1 PRODEN agrees that they will not trnnSfer, sell, or assign their interests in
the Property to any entity other than Corey Devel.;.pment, lLC until sucb
time as the Lift Station, Vera Street Main, and 191h Street Main have been
constructed and placed inta service by the City. Rowever, in the event that
PRODEN, David Corey and/or Con:y Development, LLC terminates its
contract with PRODEN to pUIChase the Property, PRODEN may transfer,
sell, or assign their interests in the Property to another entity or person prior
to the time that the Lift Station, Vera Street Main, and 19th Street Main h{lVe
been causlI\lcted and placed into seNice by the City. Any such new entity or
person shall purchase the Property pursuant to the terms of this Agreement,
(see Section 3 on Page 7) and PRODEN agrees to provide notice to any such
new entity or person of the requirements oftms Agreemenl.
1.2.2 PRODEN further agrees and llDderstands that the City will withhold its
issuance of building permits for the constIUction of dwellings on the Property
until such time as the Lift Station, Vera Street Main, and 19ih Street Main
have been constIUcted and placed into service by the City.
1.2.3 PRODEN further agrees to provide notice to prospective buyers of
subdivision lots of the requirements of Sections 1.2.1 and 1.2.2.
1.2.4 PRODEN further agrees and understands that the City CUlTently plans to
place the Lift Station, Vera Street Main and 19th Street Main into service on
or about July I, 2006, but that the City does not WarrlllJt or gullflllllee that
service will be available by that date.
1.2.5 PRODEN further agrees to hold the City hannless for any and all claims or
cause of action that may arise from any delay of the development of the
Property as a 1es1l1t of the City's perl'ormance, or lack thereof, toward
constructing the Lift Station, Vera Street Main, and 19lh Street Main.
13 Develop on-site and otf-site public sanitary sewer conveyance systems to provide
sanitary sewer service to the development as follows:
1.3.1 Subject to City Engineer approvlll of the requisite public improvement plans,
PRODEN agrees to construct public Sewer Main Extensions and BdditioD.a1
sanitary sewer systems within the Property in an orderly and efficient manner
suoh that development of the Property is served as well as abutting public
rights-of-way and private properties, including TL 00600.
1.3.2 Prior to or concurrent with Subdivision Tentative Plan approval by the City
for any portion of the Property, or within 60 days of their J'eceipt ofwritton ,
ANNEXATION AGREBMENT-Page4 oflO
(Rovis,,,,, 0... 1/2/05)
.
.
NO. 424
P. 16
SEP.16.2005 1:51PM
notification from the City that the Lift Station, Vera Street Main, and 19th
Street Main will be advertised for construction bids, whichever occurs later,
PRODEN will pay in full to the City the amount of $1,667 per lot within the
approved Subdivision Tentative Plan. City and PRODEN hereby agree that
such payment amount, in addition to the anticipated local Sanitary Sewer
Improvement SDC fees to be paid upon issuance of building penuits for new
lots on the Property, coffiRrise PRODEN's share of cost for the Lift Station,
Vera Street Main, and 19 Street Main.
1.3.3 As an alternative to the payment method provided in Section 1.3.2, above, .'
PRODEN agrees and understands that the City may initiate a Local
Imgrovement District (LID) to construct Lift Stuion, Vera Street Main, and
19 Street Main. PRODEN fiuther agrees and understands that the
assessment per lot as determined by the LID proceedings may vary from the
payment described in Section 1.3,2, above, and that the City will not be
bound from imposing such an assessment. In the event that the City does
initiate said LID, PRODEN shall abide by the terms ofPsragraph S. below.
1.4 Develop on-site and off-site public stOIDlwater management systems to provide
drainage service to the development as follows:
1.4.1 Prior to occnpancy approval for any new dwelling on the ~rty, aDd
subject to City Engineer approval of the requisite public improvement.plans.
construct public stormwater management systems to collect, trest, convey
and discharge stormwsteJ: from the Property and thc upstream m'buWy areas
within the Springfield UGB to an approved outfall into the McKenzie River.
1.4.2 Prepare the studies, plans, permit applications, and other supporting
documentation to obtain the pennits and other approvals necessary to
construct the stonnwa.ter management system: a) llCTOSS the EFU Parcel; b) ,
across any Lane County public rights-of-way or easements; and e) to
construct an outfall and discharge stormwater runoff into the McKenzie
River. The City anticipates that the system that crosses the EFU PiII'Ccl will
be constructed as an open conveyance channel constructed to City standards,
including trees and other vegetation to stabilize the chaIUlel and to provide
stormwater quality treatment.
1.4.3 Grant to th.e City the easements necessary to access, operate, and maintain a
stonnwater management system on the Property and on the EF1J Parcel.
Basements for piped portions of the system will be a minimum of 14-feet
wide and may be wider depending upon the size and depth of the pipes within
the easement. Easement widths for open channel portions of the system shall
be determined based upon the design width of the channel plus 10 feet on one
side and 25 feet on the other side to accOIIlIllodate access and maintenance by
City personnel and equipmeot. Actual easemen~ widths and locations will be
determined during the Subdivision Tentative Plan review.
ANNEXATION AGREEMENT-PageS ono
(ltcvU;ion Dale 312/()S)
SEP. 16. 2005-- 1: 51 pr
NO. 424
P. 17
.
.
1.4.4 PRODBN and the City shall share in the cost to construct the stonnwater
management systems described herein as follows:
1.4.4.1 PRODEN shall bear the full cost to construct all of the stormwater
management systems located within the boundaries of the Property
that may be necessary to acconunodate flows generated from the
development of the Property as well as flows generated from lands
that are tributary to the Property.
1.4.4.2 PRODEN and the City shall shatethe costlo construct all of the
necessary stonnwater management systems located within the
boundaries of the EFU Parcel and any other portion of the system that
may be located outside of the boundary of the l'roperty. The City
share of the cost sb.a1l be provided as descnoed in Section 2.4 of this
Agreement.
1.5 Subject to Subdivision Tentative Plan approval and City Engineer approval orlhe..
requisite public improvement plans, PRODEN shall bear the full cost and obligation
to develop and construct a fully-improved on-site public street system to provide' for
the logical and orderly extension of the following public streets:
1.5.1 Vera Street: in an east-west aligmnent to extend from its existing tetminus at
the easterly boundary oftbo Property to the westerly boundary of the
Propeny in an aligmnent to facilitate this street's future extension to the
portion of Vera Street lying westerly of the Property.
1.5.2 16tJ, Stroot: in a north-south alignment to extend a miDimum of a 213 street
from its existing tonninus at the southerly boundary of the Property to Vera
Street.
1.5.3 1 7tJ, Street: in a north-south aligmnent to extend from its existing terminus at
the southerly boundary of the Property tQ Vera Street.
1.5.4 Additional public streets within the Property extended to provide access to
TL 00600.
1.6 PRODEN knows and understands its rights vnder Dolan v. City of Til!ard and by .
entering into this Annexation Agreement hereby waives any requirement that the .
City demonstrate the public improvements and other obligations ofPRODEN', fQr
payments, financial responsibility and reimbUISements set forth in Section 1, .
required herein are roughly proportional to the impacts of the developm.ent of the
Property. PRODEN finther waives any cause of action it may have pursuant to
Dolan v_City of Til!ard and its progeny arising ont of the actions descn'bed herein.
ANNEXATION AGREEMENT - Page 6 oflO
(ll.ov4ion Date 312105)
SEP. 16. 20W 1: 52Prr-
.
NO. 424
P. 18
.
1.7 PRODEN knows and understands any rights it may have under OregQIl Revised
Statutes Chapter 197 as amended by Ballot Measure 37 passed November 2,2004.
PRODEN for itself and its heirs, successors, and assigns hereby waives any claim Qr
cause of action it may have under such ORS provisions against the City of
Springfield.
J .8 Provide and be financially responsible, including the construction and maintenance
thereof, for the provision of any additional urban facilities and services identified
during the review and approval of the Subdivision Tentative Plan aniJ!or the public
improvement plans as necessary to serve the development of the Property.
1.9 In determining PRODEN's share of costs for the improvements dcscnbed in this
Agreement, the full cost for the provision of the improvements at the time of
construction shall be used. For the PllIJlOses of this Agreement, the full cost shall
include but not be limited to design; construction; acquisition ofland and/or
easements; studies; permits from all agencies having jurisdiction; attorney's fees;
and all other costs reasonably associated with the implementation of the needed
improvements.
2. Obligations of City, Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the PropertY to the City of Springlie.ld before th~
Boundary Commission and support PRODEN's defense of any appeal of a decision
of the Boundary Commission annexing the Property to the City. However, the.City
will not assume any financial responsibility to .l'rovide legal counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plans,
Subdivision Plats, and Pnblic Improvement Plan applications in accordance with
City procedures for the development of the Property.
2.3 Endeavor to complete construction and place into service the Lift Station, Veta
Street Main, and ISllh Street Main prior to July I, 2006.
2.4 Upon reeeipt of an Invoice, in a form and oontent satisfactory to the City Engineer,
from PRODEN, the City shall reimbllfSe PRODEN, for a share of the full cost of
constrUcting stormwater management systems located outside of the boundaries of
the Property. The City's cOst share shall be limited to not more than 50% of the full
cost to construct said systems as determined and/or verified by the City, or the
estimated Stormwater SDC's that may be collected during development of the
Property, whichever is less. The estimated Stormwater SDC's shall be detennined
based upon the number oflots within the approved Subdivision Tentative Plan, IlD
estimated impervious area of 2,640 square feet per Jot, and the Stormwater SDC rates
in effect at the time that the Invoice is submitted to the City Engineer.
3. Covenants Runninl! With the Land. It is the intention of the parties that the covenantS herein
are necessary for the annexation and development of the property and as such shall run with
ANNEXATION AGREEMENT - Page 7oflO
(R.evision Dare 3/2/05)
.
.
NO, 424
P,19
SEP, 16, 2005 1: 52PM
Property and shall be binding upon the heirs, executors, assigns, administratof'6, and successors of
the parties hereto, and shall be construed to he a benefit and burden upon the Property. 1bis
Agreement shall be recorded upon its execution in the Land County.Deeds.and Rccor(js. Except as
set forth in Section 1.2.1, this Agreement may be assigned by PRODEN and shall benefit any
assigns or successors in interest to PRODEN. Execution of this Agreement is a precondition to the
support oftbe City of Springfield for annexation of the property descn"bed in Exhibit A (or the City
of Springfield. Accordingly, the City retains all rights for enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be developed prior to the
awroval ofa Subdivision Tentative Plan. For the pmposes of this Agreement, "developed" shall
mean and include, but not be limited to, cleating; grading; construction of public or private
structures or infrastructure; or any other activities that are not directly or indirectly related to the "
current agricultural USe of the l'I'Operty.
S. Waiver of Right of Remonstrance. PRODEN agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described
herein as benefiting tbe Property, under any Improvement Act or proceeding oithe State of Oregon.
Lane County or me City ofSpringfie1d and to waive all rights to remonstrate against tlIese
improvements. PRODEN does not waive the right to protest the amount or manner of spreading the
assessment thereof, if the assessment appears to PRODEN to be inequitable or operate unfairly
upon the Property. PRODEN waives any right to file a written remonstrance against these
improvements. PRODEN does not waive its right to comment upon any proposed local
improvement district or any related matters orally or in writing.
6. Lan4 Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or. Springfield Municipal Code which may be applicable to the't\Se
and development of this ~perty. Nothing herein shall be construed as City providing or agreeing
to provide approval of any building, land use, or other development application or land and lhainaBe
alteration permit application submitted byPRODEN.
7. Modification of A.l!reeroent. This Agreement may only be modified in writing signed by
both parties. Any modifications to this agreement shall require the approval of the Springfield City
Council. This Agreement shall not be modified such that the key UJ:ban facilities and services as <.
. defined in the Metro Plan Policy 8a, p.n-B-4 s.ud as required herein are not provided in a timely
manner to the property.
8. Mutual Coooeration. City and PRODEN shall endeavor to mutually cooperate with each
other in implementing the various mattml contained herein.
9. Invaliditv/Severability. If any provision of this Agreement shall be deemed unenforceable
ox invalid, snch enforceability or invalidity shall not affect the enforceability or validity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement
and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of
the State of Oregon.
ANNEXATION AGREEMENT-Page 80fl0
~SiOD Dare 3/2/05)
, "
SEP, 16, 2005 1: 52PM
NO, 424
p, 20
.
.
DATED this 4 day of ~t1A. ~, 2005.
IN WITNESS WHEREOF, the PRODEN and City have executed un. Agreement as of the date first
herein above written.
JOSEPH PRODEN f);!. If
~~. \._1...~
P.A TRICIA A. PRODEN
Q;;J-;iuLl(} Q od~,J
STATEOFORB~ }
COUNTY OF 55 . ~
. ~ ~
BE IT REMEMBERED that Oll tlUs l../ ,q"dayof . 200 > before me" the.
wuletSigned, . notary public in and~d County and Slab; PersoIUIUy appeared the within named JOSEPH
PROnEN ..nose identity W8SproVed W J;Qe on the basis of satisfactory evidence and who eJCe<:11lBd Ibe within
iI1strumen1 and acknowledged to me that he aecu1lod!he same freely lUld voluntarily
lN, TESTIMONY WHERBOF, I have bereunw set my hand and affixed my o~ seal the day d year last above
WIlttell. f>~ t2
. OFFICIAL SEAL. "
llRYCe R ~ElllleN NOllllY Publi or Oregon
. . NOTARY PU61.1C-ORE1l0N 9 I/'7
COMMISSION NO. S721311 / ({) / tJ
IIYcmAlIIS510NWIIl~SSEPTI0.2W1 M C .. ,,~.
y OIDIIllSSlOD .--..yIrCS
STATE OF OR~
COUNTY of ' }
55 -::rt..
BE IT REMEMBERED that on this L{ day of ~ . 200 .5 before me, the
undernigned. a notary public In and for said COlJTlty and Stata. personaUy appeared the wilhio named
PATRICIA A. PRODEN whose identity was proved to me on the basis of satisfactory evidence ahd who
executed the within instrument and acknowledged to me that ~ executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and aflb{e<! my offICial seal \he day and y"'l!r last
above written.
~~R .~.
Notary Publi for Oregon
9//C)/o 7
My Commission Expires
. OJlFIOIAL IlBAL
eRYt;:t" JEaGEN
NOTARV;PUBLIC-OREGON
. COMMISSION NO. 872'39
t.lY COMMISSION EXPIRES SEPT 10. 2007
ANNEXATION .AGREEMENT-Page9oflO
(Revision Dote 3/2/05)
j"" 16.1005- U1"
NO, 424-P. 21
.
.
CITY
By:
STATE OF OREGON
COUNTY OF LANE
} 55
BE IT REMEMBERED that on thi~ 14 davof U 11.rdt.. , 200 5'
before me, Ihe undersigned, a notary public in and for said Courtty. ~
and State, personally appeared the within named Mike Kelly whose identity was pl'O'led to me on
the basis of satisfactory evidence and who by me duly swom, did say that he is the City Manager of
the within nlUl1ed mlinicipal coIporation and does acknowledge said instrument to be the free act
and deed of said municipal corporation, and that the seal affixed to said insttunlent is the Corporate
seal of said municipal corporation, and that said instrument was signed and sealed'in behalf of said
municipal corporation by authority of itS City Council
IN 1ESTIMONY WHEREOF, I have hereunto set my haud and affixed my official seal the ,day and
year last above written.
~~
NOTARY C FOR OlU!GON ' ..
I k:J.J..,,;:)()n)'
MY CoMMISSION ExPIRES ,
. OFFICIAL SEAL
AMY L SOWA
, . NOTA~Y PUBLlO OREGON
~S~ONNO.~l~
. MYCOII\IlSSlON EXP11lES Nov. 2t2005
REVIEWED & APPROVED
TO FOR~ ~
DATE; 0::>
OFFICE OF 01 ATTORNEY
ANNEXATION AGlmEMENT - Page 10 of 10
(R.evision Dat. 312105)
SEP, 16,2005 1: 52PM
NO, 424 p, 22
. '.
E/<.HiBir"A'\
A PORTION OF THE WJ::ST HALF OF SECTION 24, TOWNSHIP 17 SOUTH, RANGE
3 WEST OF lliE WJLlAMETIE MERIDIAN, BEING A PORTION OF PARCEL 2 OF
LAND PARTITION PlAT NUMBER 92-P0235. RECORDED iN LANE COUNtY
SURVEY FILE NO. 3osaa, EXCEPTING THAT PORTION SET OUT IN THAT
JUDGMENT IN lANE COUNTY CIRCUIT COURT CASE NUMBER 15-92-04041, '
NOTICE OF WHICH WAS RECORDED JANUARY 10, 1994, RECEPTION NUMBER
94{)1874, LANE COUNTY OREGON DEED RECORDS, SAID PARCI;:L BEING MORE
PARTICULARLY DESCRIBED AS FOUOWS:
BE(;INNING AT THE SOI.JT1iEAST CORNER OF 'PARCEL 2 OF SAID LAND
PARTmON PLAT NUMBER 92..p0235; THENCE FOUOWINGALONG THE
EASTERL V UNE OF SAID PARCEL 2, NORTH O'05'36M WEST 623.92 FEET;
THENCE LEAVING SAID EASTERLY LINE AND FOLLOWING ALONG THE
NORTHERLY BOUNDARY OF SAID PARCEL 2. WEST 184..99 FEET; THENC!=
SOUTH 0.53'12" EAST 130.00 Fl:ET; THENCE SOU11i $'00'00" WEST 112.00
FEET; THENCE NORTH 0'53'12" WEST 120.27 FEET; THENCE SOUTH 80'04'21"
WEST 112.72 FEET TO A POINT QN lliE EASTERLY liNE OF THE
, AFOREMENTIONED NonCE OF JUDGMENT; THENCE LEAVING SAID
NORTHERLY BOUNDARY ANO t:OUOWING AlONG SAID EASTERLY UNE SOUlli .
O"07'3S1' WEST 583.35 FEET; llIENCE LEAVING SAID EA$TERL Y LINE AND
FOLLOWING ALONG THE SOVTHERL Y LINE OFSAID PARCEl 2, SOUTH 69'46'13"
EAST 409.76 FEET TO THE POINT OF BEGINNING, CONTAINING 5.42 ACRES,
MORE OR LESS, ALL WITHIN SAID SECTION 24, SPRINGFIELD, LANE COUNTY,
OREGON.
" ....
.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
-,
EGON
JlII.Y 1t. 1987
SCON J..GOEBEL
2280
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SfP. 16. 2005- 1: 52PM
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1 TYPE II TENTATIVE SITE PLAN REVIEW,
. PRE-SUBMITTAL CHECKLIST
.
Project Name: Legacy Estates, David Corey, Joseph Proden & Patricia Proden
Project Proposal: 20-lot residential subdivision
Case Number: Pre-submittal PRE2005-00036
Project Address: 3285 16th Street, Springfield, Oregon
Assessors Map and Tax Lot Number(s): 17-03-24-31 Tax Lot 500 ONLY
Zoning: LDR
Applicable Refinement Plan:
Refinement Plan Designation:
Pre-Submittal Meeting Date: June 3, 2005
Application Submittal Deadline: 180 days from Pre-Submittal Meeting date
Associated Applications: Annexation LRP2004-00032
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
REVIEW OF
Plannin
Trans ortation
Utilities
Sanitar & 6torm Sewer.
Fire and Life Safet
Buildin
er
NAME
Kitti Gale
Ga McKenne
Eric Walter
Matt Stouder
Gilbert Gordon
Dave Puent
PHONE
726-3632
726-4585
726-1034
736-1035
726-2293
726-3668
I
APPLICANT'S DEVELOPMENT REVIEW TEAM
Owner
David Corey, Corey Development LLC., 3956
Mirror Pond Way, Eugene, Or 97408
I Engineer
i Scott Goebel, P. E., P.L.S., Goebel
Engineering & Surveying, Inc., 1762 West 2nd
Avenue, Eugene,Or 97402
6/3/05
Date Received: q - / q'Df)
Planner: J [)
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..
SITE PLAN REVIEW APPLICATION
.. PRE~SUBMITTAL CHECKLIST
I
PLANNING
o Application Fee discuss the applicable fees
,
o One additional copy of th,e Site Plan reduced to 81/2"x 11"
I
Complete Incomplete See
Notes
I
8 '12" x 11" Copy of Site Plan
I
I
o Copy of the deed and a preliminary title report issued within the past 60 days
. ,
documenting ownership and listing all encumbrances. If the applicant is not the property
owner, written permission from the property owner is required. .
I
I
Deed ~nd Preliminary Title Report
,
~
~
See
Notes
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Complete Incomplete
o Site Plan
Complete Incomplete
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Notes
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Prepared by an Oregon Licensed Architect,
Land~cape Architect or Engineer
propdsed buildings: location, dimensions, size
(gros~ floor area applicable to the parking
requirement for the proposed usee s)), setbacks
I
from property lines, distance between buildings
I
Location and height of existing or proposed fences,
. outdoor equipment; storage, trash receptacles, and
signs I . .
I
Location, dimensions and number of typical,
comp'act and disabled parking spaces; including
aisle~, wheel bumpers, directional signs and striping
I
Lot c9verage calculations of all parking and
vehicular areas
I
On-site loading areas and vehicular and pedestrian
circul'ation .
,
,
Location of on-site exterior lighting
I
Location, type and number of bicycle parking spaces
, .
, ;. .
Location of existing and proposed transit facilities
2
.
.
Phased Development Where applicable, the 5ite Plan application must include a
. phasing plan indiCating any proposed phases for development, including the boundaries
and sequencing of each phase: Phasing must progress in a. sequence promoting street
connectivity between the various phases of the development and accommodating other
. required public improvements, including but not limited to sanitary sewer, stormwater
management, water and electricity. The applicant must indicate which phases apply to
the 5ite Plan application being submitted.
Written description, including specifications of the
permanent irrigation system
Location and type of street trees
~_ List in chart form the proposed types of landscape
materials (trees, shrubs, ground cover). Include in
the chart genus, species, common name, quantity,
size, spacing and method of planting
Complete' Incomplete
5ee
Notes
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o Landscape Plan
Complete Incomplete 5ee
Notes
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Phased Development Plan
Location and dimensions of landscaping and open
space areas to include calculation of landscape
coverage
Vegetative screening in accordance with 5DC
Section 31.160
Notes: "Bunching" street trees 30-foot-on-center will require approval of species
and size of street planting strip. A Tree Felling application will be required unless
you show .exact locations of the trees that are proposed to remain and be protected
during construction. You will need to provide a narrative of the construction
protection m~asures.
Additional comments not related to the completeness of the application: .
The application does not make any reference to tax lot 300 (the disputed strip) and
how it impacts the proposed development.
The City's current street naming policy consists of a consecutive naming grid - if,
your east/west street is not required to be aligned with and named "Vera Street"
you will be required to select a street name that begins with a 'w', Staff will
confirm approval of your request with the Metro Street Naming Committee on you
behalf. Enclosed is a current list of Springfield City Streets ~egini1ing with '.W'.
You will also need to consider nearby County street names as well as Eugene street
names and avoid duplications. Also, 16th and 17th Streetsar no longer required to
be labeled with the 'north' directional title. (See Traffic comments.section
~~ 3
.
section regarding street connections)
.
, '
Flood hazard areas require'a separate (you miIY submit it concurrently) Floodplain
Overlay District, Type Iapplicatfon. ' '
The Tentative Subdivision application shall comply with the requirements of the
March 24, 2005, Annexation Agreement 2005-020292. You have not referenced
the Agreement in your pre-submittal application and shown nor given a narrative
how your proposal meets the requirements of the Annexation Agreement.
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TEI\ITATIVE. LAND DIVISION APPLICATION
PRE-SUBMITTAL CHECKLIST
TRANSPORTATION
o Right-of-Way Approach Permit application must be provided where the property has
frontage on an Oregon Department of Transportation (ODOT) facility. .
Complete Incomplete See
Notes
m ~ . @I Copy of.ROW approach Permit Application
o Traffic Impact Study-four copies of a study prepared by a Traffic Engineer in' .
accordance with SDC Section 32.020(1)(c). Traffic Impact Studies (TIA) allow the City to
analyze and evaluate the traffic impacts and mitigation of a development on the City's.
transportation system. In general, a TIA must explain how the traffic from a given
development affects the transportation system in terms of safety, traffic operations,
access and mobility, and immediate and adjoining street systems. A TIA must also
address, if needed, City, metro plan and state land use and transportation policies and
objectives.
Complete Incomplete
See
Notes
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Traffic impact Study
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o Tentative Land Division Plan
Complete Incomplete
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Notes
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Location and type of existing and proposed street
lighting
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Location, widths and names of all existing and
proposed streets, alleys, dedications or other right-of-
ways within or adjacent to the proposed land division
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Location of existing and required traffic control devices
Notes:
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TE~TATIVELAND DIVISION APPLICATION
PRE-SUBMITTAL CHECKLIST.
TRANSPORTATION
o Right-of-Way Approach Permit application must be provided where the property has
frontage on an Oregon Department of Transportation (ODOT) facility.
Complete Incomplete
See
Notes
Gill
~
Copy of ROW approach Permit Application
iO'l' . . ~.i~'t.
Jdi. s
o Traffic Impact Study-four copies of a study prepared by a Traffic Engineer in
accordance with SDC Section 32.020(1)(c). Traffic Impact Studies (TIA) allow the City to
analyze and evaluate the traffic impacts and mitigation of a development on the City's
transportation system. In general, a TIA must explain how the traffic from a given
development affects the transportation system in terms of safety, traffic operations,
access and mobility, and immediate and adjoining street systems. A TIA must also
address, if needed, City, metro plan and state land use and transportation policies and
objectives.
Complete Incomplete
See
Notes
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Traffic impact Study
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o Tentative Land Division Plan
Complete Incomplete
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Notes
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Location and type of existing and proposed street
lighting .
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Location, widths and names of all existing and
proposed streets, alleys, dedications or other right-of-
ways within or adjacent to the proposed land division
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Location of existing and required traffic control devices
Notes:
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1~-n!12.~c:;:vr -e.u ll-'];) t kL. ~. \.l\'ftV N.~ 1 L ~ N.7/~kf?~ t/(1)f:.
7121/04 Dt-l (~111- lZl'1"\Z-f" 4
. .
TENTATIVE LAND DIVISION APPLICATION
PRE-SUBMITTAL CHECKLIST
PUBLIC WORKS ENGINEERING
o Site Assessment of Existing Conditions
Complete Incomplete See
Notes
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6/3/05
Prepared by an Oregon licensed Landscape Architect
or Engineer .'
Vicinity Map
The name, location and dimensions of all existing site
features including buildings, curb cuts, trees and
impervious surface areas, clearly indicating what is.
remaining and what is being removed
Required setbacks to the proposed new property
lines for existing structures to remain on site
The name, location, dimensions, direction of flow and
top of bank of all watercourses and required riparian
setback that are shown on the Water Quality Limited
Watercourse Map on file in the Development Services
Department
The 100-year floodplain and f100dway boundaries on
the site, as specified in the latest adopted FEMA
Flood Insurance Rate Maps or FEMA approved Letter
of Map Amendment or Letter of Map Revision
The Time of Travel Zones, as specified in Article 17 of
the Springfield Development Code and delineated on
the Wellhead Protection Areas Map on file in the
Development Services Department
Physical features including, but not limited to trees 5"
in diameter or greater when measured 4 'i2 feet
above the ground, significant clusters of trees and
shrubs, riparian areas, wetlands and rock
outcroppings
Soil types and water table information as mapped
and specified in the Soils Survey of Lane County. A
Geotechnical Report prepared by an Engineer must
be submitted concurrently if the Soils Survey
indicates the proposed development area has
unstable soils and/or a high/water table
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The size and location of stormwater management
systems components, including but not limited to:
.drain lines, catch basins, dry wells and/or detention
ponds; stormwater quality measures; .and natural
drainageways to be retained
Existing and proposed spot elevations and contours
'lines drawn at 1 foot intervals (for land with a slope
over 10 percent, the contour lines may be at 5 foot
intervals)
Amount of proposed cut and fill
o Stormwater Management System Study provide four (4) copies of the study with
the completed Storm water Scoping Sheet attached. (See attached for Storm water
Scoping Sheet). The plan, calculations and documentation must be consistent with the
Engineering Design Standards and Procedures Manual.
Complete Incomplete See
Notes
[Ii ~ ~
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Notes:
6/3/05
Scoping Sheet and attached Stormwater
Management System Study
./
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e.
.
I. As required in Section 1.4 of the annexation agreement prepared for this property, the applicant is responsible for
constructing public storm water management systems to collect, treat, convey and discharge stormwater from the
subject property and the upstream tributary areas within the Springfield UGB to an approved outfall into the
McKenzie River. As such; the following requirements apply: .
a. Section 35.040(3)(c) of the SpringfieldDevelopment Code (SDC) requires the size and location of
stormwater management systems and components, including drain lines and stormwater quality measures,
be shown on the stormwater management plan. The location of the proposed drainage channel should be
shown on the plan set in its entirety, along with Tax Lot 4. Flow lines, pipe sizes and/or channel sections
should be clearly defined on the plans. The location of the proposed swale outfall should be clearly
shown on the plans. Associated easements with the swale should also be shown on the plans, in
accordance with the annexation agreement.
b. Section 35.040(6)(n) requires the applicant provide evidence that any required federal or state permit has
been applied for or approved. This information should be submitted concurrently with the subdivision
application. Agencies to coordinate with include the Division of State Lands, the Army Corps of
Engineers, Lane County and potentially the Oregon Department ofFish & Wildlife.
c. Ensure the location of the proposed drainage basin is not located in the disputed Tax Lot 300, as shown on
recorded Partition Plat 92-P0235. The location of any public improvements will not be allowed in the un-
annexed disputed area of Tax Lot 300, unless the applicant can demonstrate the property is annexed and
owned by the Prodens.
d. Clearly show how the proposed stormwater system will pick up and convey drainage from surrounding
streets and systems. Specifically, provisions for the drainage from surrounding areas, including 16"', 17'"
and Vera Streets should be made. The applicant should clearly show how the existing public storm
drainage system from Grand Vista Drive will connect io the proposed swale.
e. Please submit a detailed hydrological study map for the proposed drainage basin (including the off site
areas in their entirety). Refer to Section 4.03. I of the City's EDSPM for details. Specifically, the study
map should include the well defined drainage basin, flow arrows in streets and ditches, and contours or
spot elevations for verification of direction of overland flow and pipe cover. A specific narrative
pertaining to the off-site flows and basin boundary would be beneficial.
f. A planting plan will be required for the proposed swale to ensure water quality standards set forth in the
Springfield Development Code and EDSPM are met. The planting plan should be consistent with the City
of Portland's Stormwater Management Manual, and can be prepared by the engineer, or a licensed
Landscape Architect.
2. The amount of proposed cut and fill should be placed on the plans.
3. The sanitary sewer system shall be designed to extend to the limits of the development for future service to lands to
the south. The sewer extension through lots 9 & 10 will only be allowed in the event cover requirements dictate
(Le. - cover does not exist to place sewer in public streets).
4. SpecifY whether existing garage is to remain or to be removed and include set-back from property lines ifto
remain.
Additional comments not related to the completeness of the application:
6/3/05
8
.
.
5. The existing septic tanks and drain fields located on the property should be shown on the existi~g conditions
sheet. A note should be added to the plans indicating the tanks will be decommissioned in accordance with state
law. . .
6. A county permit will be required for work outside the City's Urban Growth BoundarY (i.e. - for grading the
conveyance swale).
7. The well houses shown on the existing conditions plan sheet will need to be decommissioned in accordance state
law.
8. Sheet 4 shows a 24 inch storm pipe extending to Tax Lot 400, then into a proposed conveyance swale. A note on
the plans states to extend this pipe as an 18 inch pipe. Please revise this conflict prior to the next plan submittal.
9. Please clarify in the narrative of the storm drain study and on the plan set what type of conveyance swale is
proposed for the drainage basin. The hydrology study includes several printouts for both trapezoidal and natural
channel cross sections, with varying side slopes.
i
,
6/3/05
;
.
o Tentative Land Division Plan
Complete, Incomplete
See'
Notes
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o Grading and Paving Plan
Complete Incomplete See
Notes
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5/3/05
VI
.
Prepared by an Oregon Licensed Land Surveyor in
accordance with ORS 92
All existing and proposed easements
Dimensions and size of each parcel and the
approximate dimensions of each building site
indicating the top and toe of cut and fill slopes to scale
Location and type of existing and proposed street
lighting ,
Location, widths and names of all existing and
proposed streets, alleys, dedications or other right-of-
ways within or adjacent to the proposed land division
Location of existing and required traffic control
devices, fire hydrants, power poles, transformers,
neighborhood mailbox units and similar public facilities
Location and width of all existing and proposed
sidewalks, sidewalk ramps, pedestrian access ways
and bike trails
Location, size and type of plantings and street trees in
any required planter strip
Location and size of existing and proposed utilities on
and adjacent to the site including sanitary sewer
mains, stormwater management systems, water
mains, power, gas, telephone, and cable TV. Indicate
the proposed connection points
Prepared by an Oregon Licensed Civil Engineer
Planting plan prepared by an Oregon Licensed
Landscape Architect where plants are proposed as
part of the storm water management system
Roof drainage patterns and discharge locations
Pervious and impervious area drainage patterns
6
. .
SITE PLAN REVIEW APPLICATION
PRE-SUBMITTAL CHECKLIST
BUILDING
o Site Assessment of Existing Conditions
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Notes
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Complete Incomplete
o Site Plan
Complete
Incomplete See
- Notes
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Soil types and water table information as'
mapped and specified in the Soils Survey of
Lane County. A Geotechnical Report prepared
by an Engineer must be submitted concurrently
if the Soils Survey indicates the proposed
development area has unstable soils and/or a
high water table
Proposed buildings: location, dimensions, size
(gross floor area), setbacks from property
lines, distance between buildings, and height
Location, dimensions and number of typical,
compact and disabled parking spaces; including
aisles, landscaped areas, wheel bumpers,
directional signs and striping
On-site loading areas and vehicular and
pedestrian circulation'
o Grading, Paving and Stormwater Management Plan '
Complete Incomplete See
Notes
613105
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Roof drainage patterns and discharge locations
Existing and proposed spot elevations and contours
lines drawn at 1 foot intervals (for land with a slope
over 10 percent, the contour lines may be at 5 foot
intervals)
Amount of proposed cut and fiU
,
i
10
.
o Architectural Plans:
Complete Incomplete
Notes:
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Exterior elevations of all buildir)gs and structures
proposed for the development site
Conceptual floor plans
Type, height and area of exterior lighting
Additional comments not related to the completeness of the application:
6/3/05
;
,
11
< ~-{~+0 ~ PRE;2ws-ec:oYo
- ir ",'~ r-;~7;;~';.l~,,1 . . ~"'-h';;/~::~~::?Didi-$,<[Jc(;'",:
- f J TENTATIVE LAND DIVISION APPLICATION
. PRE-SUBMITTAL CHECKLIST
FIRE
o Tentative Land Division Plan
Complete Incomplete
See
Notes
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~
Location, widths and names of all existing and
proposed streets, alleys, dedications or other right-of-
ways within or adjacent to the proposed land division
~ ~ ~ Location of existing and required fire hydrants
Notes: Rh. - ~~~A~5FL ,S"V3,?,t /M,'""c.Lv-jr\
5;,"+ f'o 5Fc :sb3~1-J.sk J4lrJ"1' jJ IO:JG
Additional comments not related to the completeness of the application:
I
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3/22/05
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ANY REQUIRED ADDITIONAL MATERIALS, APPLICATIONS OR
PERMITS
IT IS THE APPLICANT'S RESPONSIBILITY TO DETERMINE IF ADDITIONAL
STANDARDS/APPLICATIONS APPLY TO THE PROPOSED DEVELOPMENT. THE APPLICANT
SHOULD CONSIDER UTILIZING EITHER THE DEVELOPMENT ISSUES MEETING OR THE PRE-
APPLICATION REPORT FOR MORE DETAILED INFORMATION:
Applicable Not
Applicable
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Proposed deed restrictions and a draft of any Homeowner's
Association Agreement.
Additional plans and documentation for submittal of a Cluster
Subdivision proposal as specified in SDC Section 16.100(3)
Riparian Area Protection Report For properties located within 150
feet of the top of bank of any Water Quality Limited
Watercourses (WQLW) or within 100 feet of the top of bank of
any direct tributaries of WQLW
A Geotechnical Report prepared by an engineer must be
submitted concurrently if there are unstable soils and/or a high
water table present
Where the development area is within an overlay district
applicable, address the additional standards of the overlay .
district
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If five or more trees are proposed to be removed, a Tree Felling
Permit as specified in SDC Article 38
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A wetland delineation approved by the Oregon Division of State
Lands must be submitted concurrently where there is a wetland
on the property
Any required federal or state permit must be submitted
concurrently or evidence the permit application has been
submitted for review
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Where any grading, filling or excavating is proposed with the
development, a Land and Drainage Alteration permit must be
submitted with the land use application
Where applicable, any Discretionary Use, Variance or Modification
of Provisions as specified in SDC Article 10 or 11
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6/3/05
13
.
.
THIS APPLICATION is:
o COMPLETE FOR PROCESSING'
o INCOMPLETE AND NEEDS MISSING INFORMATION NOTED ABOVE
L ./...,..Lc 7
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City P(anner <~/
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Date!
This is not a decision on your application. Springfield Development Code Sections
3.050(3)-(6) and Oregon Revised Statutes 227.178 require the City take final action on a
limited land use decision within 120 days after the application is deemed complete. The 120-
day processing period for this application begins when all the missing information is
submitted or when you request that the City proceed without the information. You must
indicate by either signing this form or by submitting a written response to the City within
seven days of the date of this form asserting your intentions regarding the provision of the
missing information. If you indicate herein or in your written response. the missing
information will be submitted, then you have 180 days from the date the application was
submitted for Pre-Submittal Review to provide the City with the missing information. If you
refuse to submit the.missing information, then upon receipt of the full application packet and
processing fee, the City will deem the application complete for purposes of starting the 120-
day clock and begin processing the application. No new information may be submitted after
the start of the 120-day period unless accompanied by a request for an extension of the 120-
day processing time. Upon receipt of a request for extension, the City may extend the 120-
day period for a reasonable period of time. The City may also require additional fees if the
new information is submitted after the Notification to Surrounding Property Owners is sent
out and a second notification is required or if the new information substantially affects the
application proposal and additional review is required.
I, the owner/applicant, intend to submit all missing items indicated herein to the
City within the lSO-day timeline.
(."<.---~------~---_._--------_._..._._+._._.....
Owner/ Applicant's Signature
14
613105
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.
-
Goebel Engineering & Surveying, Inc,
Engineering Surveying Planning
TRANSMITTAL LETTER
PROJECT NAME:
Legacy Estates Subdivision
GES PROJECT NO.:
TO:
FROM:
02414-2004-C
CITY PROJECT NO.:
City of Springfield
ScoWPamela Goebel
DATE: 19 September 2005
TRANSMITTED IS THE FOllOWING:
cr enclosed
o under separate cover
Via: if delivery
FOR YOUR:
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THE FOllOWING:
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COMMENTS:
/
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Date Received:
Planner:
Q./Q.08
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review
comment
approval
use
Tentative Subdivision Application (ORIGINAL)
Reduced Site Plan
18' x 24" Tentative Subdivision Drawings
Tille Report
Assessor's Map
Hydro wi Scoping Sheets
Written Statement (Article 35)
Legal Description
Legal Lot Verification
Subdivision Name Reservation
SCS Soils Report
FIRM Flood Map
24" x 36" Land Drainage Alteration Plan
24" x 36" Basin Drainage Swale and BioSwale
FP Floodplain Overlay District, Type I Application
No. of
Co~ies
Plot
~
8 September 2005
8 September 2005
1
18 (7 sh/set)
1
1
4
1
1
1
1
1
1
3
3
1
16 September 2005
21 July 2005
1762 West 2nd Avenue Eugene. Oregon 97402
Phone: (541) 687-0542 Fax: (541) 687-0739 E-mail: scott@QeseuQene.com
M:\Pers+DiM ~ C\Corey\Legacy Estates (02414)\Transmittals\City\City tr03.wpd
L:;i