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HomeMy WebLinkAboutPermit Miscellaneous 1997-7-6 4, , I // . ,/ ,~ 9405588 ,/" IN CONSIDERATION of the covenants herei n recited. the City of ;:" referred to as City. and 'Lawrence James Moore and Dorothy t \ ~ referred to as Applicant. do covenant and agree as follows: ~I'" 'Gt>J IMPROVEMENT AGREEMENT Spri ngfi e 1 d. herei nafter Moore H/W*. he rei nafter WHEREAS Applicant desires Development Approval from City: and' WHEREAS. any future development within City or within City's Urban Growth Bound~ry located in Lane County will cause both an immediate and long-term demand on the vanous publlC facilities of City and Lane County: :NOW THEREFORE, Applicant and City agree to the following schedule of public facility improvements and respective cost assumption policy: STREET IMPROVEMENTS along the frontage of GAME FARM ROAD SOUTH to i ncl ude: Cx0 surface pavi ng: ~0 storm sewers: ~0 sanitary sewers :-' l) curbs: \( xl gutters; \( xl P 1 a nter st rips; '1-Yi street trees; '1-; st reet 1 i ghts ; \1 XS i dewa 1 ks . TRAFFIC SIGNALS at the intersection of N/A ~.Q~2J{:Ji\I, 2,~' 9Lt~I08REC 15, DC! OTHER IMPROVEMENTS l~1 n LEGAL DESCRIPTION: (Place here or see Attachment A) !~QQJAN,2q'94"08PFUND 10 . DC' * McCabe Investment Company an Oregon Limited Partnership ADDITIONAL INFORMATION: NW CORNER HARLOW & PHEASANT Property Address 17-03-22-00 02700 Tax Lot No. IT IS UNDERSTOOD that this agreement is enforceable by the State of Oregon. Lane County or City. IT IS FURTHER UNDERSTOOD that App 1 i cant agrees to sign any and all wa i vers. pet it ions. consents and all other documents necessary to obtain the above listed improvements under any improvement act. or proceeding of the State of Oregon. Lane County. or City as may be proposed or adopted by the State of Oregon. Lane County or City and to waive all right to remonstrate against such improvements. but not the right to protest the amount or manner of spreading the assessment thereof. if the same shall appear to Applicant to bear inequitably or unfairly upon said property of Applicant: NOW THEREFORE. City agrees ,that Applicant's execution and performance of the terms of this Agreement will be deemed to be in compliance with City's policy pertaining to improvement requirements. and if Applicant complies in every respect with all other applicable laws 01 the State of Oregon. Lane County and City. the said 'Applicant shall be entitled t( Development Approval: and IN ADDITION. it is the intention of the parties hereto that the covenants herein containe shall run with the lanq herein described. and shall be binding upon the heirs. executors assigns. administrators. and successors of the parties hereto. and shall be construed to b a benefit and a burden upon the property herein described. This Agreement shall be recordE in the Lane County Deed Records. WHEREFORE. the parties have set their hand and seal thiszz"dday of Oe~e,.,her 19'1" By Oa- G~ ' Dlrector ot PubliC Works By eJ{J1ut1Y~- .l\ppii cant BY~C~ APplicanp , STATE OF OREGON ) )SS COUNTY OF LANE ) On thi s It?~ day of ~ before me and signed the above document. / ~~~d 1~~~~PU8lIC ~ My Commi ss ion Expi res i- Co - cr 7 . 19,3. the above applican~ personally appea ~ .. OffICIAl S[AI. LaUE HARTWIG NOTMt pulIUC . OREGON COUMIalON NO. ozs,eal .. MY'COMMISS.ION EXPlMSJULya,ltJ7 . RETURN TO: _ ,.....,..- ,....1"""Ir"\Tll("'\r-rrl.n .11 o~ 1:2.. o( 01101 rr \^lnRKS DEPT. - 225 FIFTH STREET - .sPRINGFIELD. OREGON 974 9405588 ::c~v/mm :tjy Applicant State of Oregon ss County of Lane On t his ;::z.. :;2.. day oi DI2. c.. e .-y{ i:> Q v'" 1993, the above appli- cant personally appeared before me and signed the above document. . ,'~, ~J}'" OFFICIAL SEAL ! i;~;> rHEODORE A, ESSNER ,\~~1)< NOT AfW PUGLlC - OREGON "i~,Y./ COMMISSION NO.019371 I.1Y CO~\MISStON EXPiRES DEC. 26. 1996 c' ~~-L;!, 4 f~ Notary Public .-,.,~~~"",.....,,.'" My commission expires ~/\ /' ~'~~~~*;i..;:&~C;,,;' ' . i"';;' -,' , . . ," _.- ~'"(~~."~~~i;;79,..,~._~~,':>I~"'j~tf;:,~, ">;~:",,, ~.~~\,ii'Ji.,~.. ,~~~~,;;" l"~'.;.;.t:i!-~ . . '.'" ',' -:'.'~ ..:..,..,.:.tf~..t4?t;',.~\!.:,,~;~~:~..;:?.i,.,< -'~'.,:...~=-<-- '"" ~ 1.l;o~'H."...~,:_~1 ., 9405588 ~ EXHIBIT "A" A parcel of land lying in the Southeast quarter of Section 22, To.....nship 17 South, Ral\ge 3 West of the Willamette Meridian, and being further described as follo.....s: Commencing at the southeast corner of Lot 1, Block 1, Fa~mdale, as plat~ed and r~corded in Book 27, Page 28, Lane County Oregon Plat Records, and run thence ,South 4038'38" East along. the ,!esterly margin of Game Farm Road, said margin being 30.00 feet westerly from, and parallel .....ith, the centerline of. Game Farm Road, 125.00 feet to a point iri the north line of that tract of land conveyed to La.....rence James Moox:e and Dorothy Moore by, instrument recorded January 18, 1985 in Reel 1332, Reception No. 8501898, Lane County Oregon Deed Records; thence' along said north line South 89059'00" West, 5.02 feet to a point 35.00 feet .....esterly from, when measured perpendicular to , the centerline of sa~d Game Farm Road and the Point ot Beginning of the parcel herein described; tun thence South. 4038'38" East parall~l with the centerline of said Game Farm Road, 409. 14 feet to a point ~n the north line of that pa~cel conveyed to McCabe Investment Company by instrument recorded April 7, 1993 in Reel 1838, Reception No. 9320840, Lane County Oregon Deed Records;" thence South 89051'25~ West along said last mentioned north line, ,359.26 feet to the east margin of Pheasant Blvd.; thence along said east margiri North, 0057' 20" West, 533.08 feet to the 'southwest corner of Lot 4, Block 1 of said Farmdale pl~t; thence along the, south line of said Block 1 North 89057' 16" East, 156.00 feet; thence leaving said south line run South 0001'00" East, 124.49 f~~t to a j)oint bearing South 89059'00" West form the Point of Beginning; thence North 89059'~0" East, 178.98 feet to the Point of' Beginning, in Lane County, Oregon. ALSO: A parcel of land lying 1n the Southeast quarter of Section 22, Township 17 South, Range 3 West of the Willamette Meridian, and being further d,escribed as follows: Beginning at a point. in 'the east line of that. parcel of land conveyed to William G. and Joanne B.Smith by instrument recorded in Vol ume 445, Page, 220, Lane County Oregon Deed Records, said point being 40.00 feet 'North 0001' 30" . West from a point on the centerline' of Harlow Road, said last mentioned ~oint being 742.30 feet South 89051 '25. West the North.;..northwest corner of the J. Halstead DLC No. 47, said town~hip and range, as said corner is marked by a brass cap set by the Lane County Surveyor, dated 1988; from the Point of Beginning run thence along trye east line of said, Smith parcel North 0001' 30" West, 145.06 feet to the northeast corner thereof, thence along the north line of said Smith parcel South 89057'30. West, 104.17 feet to the east margin of Pheasant Blvd; thence along the east margin of Pheasant Blvd. North 0057'20" West, 189.15 feet; thence leaving said margin North 89051'25. East, 359.26 feet to 'a point 35.00 feet westerly from when measured perpendicular to the centerline of Game Farm Road; thence South 4038' 38" East parallel with the centerline of, Game Farm Road, 315.42 feet; thence ,South. 42036'24" West, 27.13 feet to a point 40.00 feet northerly from ...hen measured perpendicular to the centerline of Har~o... Road, thence South 89051'25" West, 259.04 feet to the Point of Beginning, in Lane County, Oregon. :L/\ i,~,'S:::i i '-"--...--.., . -,. ~ ..,,_.~... '" - ... -, _". .....d.\..__....~p_ .~_'__ . '._u _...___.__....._..._..__..,.~'-_...