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Home My WebLink AboutAgreement APPLICANT 7/7/2011 .. 1 p; _ S ar ' • AGREEMENT Tax Map & Lot Numbers 17 03 26 13 TL 00102 (on the date of execution) THIS AGREEMENT IS TO provide a temporary construction easement as said easement affects a parcel of land owned by the BERNARD D HIATT LIVING TRUST DATED OCTOBER 21, 2003, hereinafter referred to as the Grantor, granted to the CITY OF SPRINGFIELD, a municipal corporation of Lane County, State of Oregon, hereinafter referred to as the Grantee: WHEREAS the Grantor has submitted an application for Site Plan Review (TYP211-00007) with the Grantee for the Property with map and tax lot number 1703261300102, hereinafter referred to as the "PROPERTY"; and WHEREAS the Grantor wishes to develop 4 duplex homes on the PROPERTY, with 2 duplexes to be located on the north half of the PROPERTY and 2 duplexes to be located on the south half of the PROPERTY; and WHEREAS the Grantee has a planned Capital wastewater project (City Project P21037), in which part of the project will impact the PROPERTY frontage; and WHEREAS it is the intent of the Grantor and Grantee to utilize the southern 55 feet of the property as a temporary construction easement through December 31,2012 for said Capital wastewater project. NOW THEREFORE the parties agree as follows: 1. Consideration for this Agreement is other than monetary and includes the actions set forth in sections 3.0 through 9.0 herein below 2. Bernard D. Hiatt, Trustee of the BERNARD D HIATT LIVING TRUST DATED OCTOBER 21, 2003 is the owner of the PROPERTY as mentioned above and evidenced by a Special Warranty Deed, recorded on December 11, 2003, as Instrument No. 2003-119150, Lane County Oregon Deeds and Records, and being more particularly described as follows: SEE EXHIBIT"A", as attached. • • 3. Within 10 days of recording the development agreement for the Site Plan Review for the . PROPERTY, the Grantee will provide temporary chain link fencing along the northern edge of the temporary construction easement, for the duration of the temporary construction easement. 4. The Grantee, prior to relinquishing the temporary construction easement, will remove the existing driveway access located on 'Q' Street and restore the curb, gutter and sidewalk to the proper height. 5. The Grantor, upon recordation of the Site Plan development agreement (TYP211-00007) for the PROPERTY, may submit building permit plans for the proposed duplexes. • 6. The Grantee, prior to relinquishing the temporary construction easement, will return the easement • area to near the pre-construction elevation with appropriate erosion control measures implemented. This will include any damage caused by Grantee's contractor to existing curb, gutter and sidewalk. 7. The Grantee will backfill to the adjacent ground elevations all excavations within the temporary . construction easement caused by Grantee or Grantee's contractors. The backfill will be native soils placed in maximum 1-foot deep lifts, then compacted prior to placing the next lift. • 8. Any excavation within building footprints as shown on approved final site plans shall be backfilled by the Grantee as required to meet State of Oregon Residential Specialty Codes for construction of. the proposed duplexes. The backfill shall match the adjacent ground elevation and shall be • inspected by a licensed geo-technical engineer for compliance with the ORSC, OSSC and accepted engineering practices. • 9. The Grantor shall reserve the southern 55 feet of the tax lot for the Grantee to use as a temporary construction easement until December 31,2012, and agrees to defer development of the two • southern duplexes until such time. 10. The Grantee will provide a public sewer main line to the Grantor's western property line in the Public Utility Easement along 'Q' Street. • • Approval and Acceptance signatures on next page. RETURN TO:CITY OF SPRINGFIELD-PUBLIC WORKS DEPT.-225 FIFTH ST.— SPRINGFIELD,OREGON 97477 • • C:\Documents and Settings\dono1697\Local Settings\Tem • • • • • IN WITNESS WHEREOF, the Grantors above named have set their hand and seal this / day of j , 20 // . • • I(Sig re- / Trustee of the BERNARD D HIATT LIVING % j D `, TRUST DATED OCTOBER 21, 2003 PRINT NAME: BERNARD D. HIATT TITLE&COMPANY • • • STATE OF OREGON COUNTY OF LANE } SS This instrument was acknowledged before me on I)-4 • , 20 II by • BERNARD D HIATT as Trustee • of the BERNARD D HIATT LIVING TRUST DATED OCTOBER 21, 2003. • OFFICIAL SEAL fi JONATHAN LOBISCOLL p NOTAR BUBBLLIICC.FOR-S•EGON .•- . NOTARY PUBLIC•OREGON r 1 `��-13A/ COMMISSION NO.445860 i r NYCOMMISSION CMS JANUARY 22,2014 • • APPROVED on !/l/Ly /f. 20/�by the Assistant Public/Works Director of the City of Springfield being duly authorized by the City Council to_represent the City of Springfield in the above matter. it° • EN GOODWIN—AS's$ISTANT PUBLIC WORKS (/ }4ECTOR • STATE OF OREGON /. • COUNTY OF LANE This instrument was acknowledged before me on (, / /J 20 // by LEN GOODWIN as ASSISTANT PUBLIC of CITY OF SPRINGFIELD WORKS DIRECTOR • • AlleC-ea OTARY..P_UBLIC FOR REGON OFFICIAL SEAL l t� 0 '`.• JONATHAN L DRISCOLL • �'i,`" ' .. NOTARY PUBLIC-OREGON f << ' COMMISSION NO.445860 r MY COMMISSION EXPIRES JANUARY 22,2014 1 Ct\ t11 ��ti1111111111`�11• • C:\Documents and Settings\dono1697\Local Settings\Temporary Internet Files\Content.Outlook\9SRR9VLIAP21037 Agreement.docx • • • • • EXHIBIT "A" Description of: Property owned by the BERNARD D HIATT LIVING TRUST DATED OCTOBER 21, 2003, per Instrument No. 2003-119150, Lane County Oregon Deeds and Records, affected by the TEMPORARY CONSTRUCTION EASEMENT and AGREEMENT Parcel 1, per said Instrument No. 2003-119150, further described as: Parcel 1: Beginning at the Southwest corner of the William C. Spencer Donation Land Claim No. 50,Township 17 South,Range 3 West, Willamette Meridian;running thence East 1099.41 feet, more or less, thence North 40.0 feet to the point of beginning, thence North 120.0 feet, thence East 194.28 feet, thence South 120.0 feet, thence West 194.28 feet to the point of beginning. Also including a 10 foot strip of vacated Right Of Way of Q Street, which lies South of and adjacent to the above described Parcel, as vacated by the City of Springfield and recorded per Instrument No. 2006- 020024, Lane County Oregon Deeds and Records.