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Home My WebLink AboutResolution 06-35 07/17/2006 .....,. .... . . . RESOLUTION 06 - 35 A RESOLUTION DEDICATING LAND OWNED BY THE CITY AS A PUBLIC STREET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT SUCH DEDICATION , WHEREAS, The City of Springfield (hereinafter "City"), is the owner, in fee simple absolute, of certain real property (the "Property"Yidentified as Map No. 18-02-05-11, Lot 00300; and WHEREAS, in connection with the development of a proposed subdivision, to be known as Westwind Estates, representatives of the owner of certain abutting property (the "Developer") have requested permission and authority to construct a public street on certain portions of the Property; and WHEREAS, representatives of the City and the Developer have conferred and come to an agreement on the consideration that might be exchanged for the agreement of the City to dedicate certain portions of the Property as a public street; and WHEREAS, that agreement has been reduced to a writing, a true copy of which is annexed hereto as Exhibit 1 (the "Agreement"), and by this reference incorporated herein; and WHEREAS, the City Manager has provided a report on the terms of the proposed agreement and has recommended that the consideration offered in exchange for the dedication is fair and reasonable, and has recommended that the Council approve and adopt the Agreement; and WHEREAS, the City Manager has prepared and submitted to the Council a proposed Declaration of Dedication (the "Dedication") in fulfillment of the City's obligations under the terms of the Agreement; and WHEREAS, THE Council has considered the Agreement, the Dedication, and the facts and information submitted and does hereby determine that it is in the best interests of the City to approve and adopt the Agreement and to dedicate as a public street that portion of the Property described in the Dedication; NOW THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES HEREBY RESOL VE THAT it is in the bests interests of the City to approve and adopt the Agreement annexed hereto as Exhibit 1, and it is hereby approved and adopted; and BE IT FURTHER RESOLVED that in consideration of the mutual covenants and agreements set forth in the Agreement the City hereby dedicates as a public street that portion of the Property described in the Dedication and directs the City Manager to execute the Dedication, and do all other things necessary and appropriate to carry out the intent of the Council; and BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield, Oregon, by a vote of ~ for and ~ against, this 17th day of July ,2006. ATTEST: ~ City Reco er R E ,,\ E "" EO f\l~O f-\? P ~~\"z\) ~":> 11::. ~o~~'\ -, J I (:) I of:. -::r I.:) ~ ~ ~ \~ -:::s- \..... \S P\ \-\; '- ( _ __ "= oc-. C:-:C\-I f\'n o~ N~Y o ~- \-~c.,_ r . . ) . . . ".. . . . AijOR,.;EYS AT LAW "",DREW;.b. H.AMS !"!Ta~N~ A-, ~A.lIl! MEMBER. OREGaN iii. lNA."HI...GTa~; BAAS' E'M.A1U.AJ-iAHB@BITTNER-HAHS~CDM . DiffEe'" D,'AUIS03) "'4~43D~. 4:94~SW ME.o.l)ow,e, ~qAD Suiiib26D L,A~E;.DIiJWE:~c. DREGDN..97D35"'3' 5:7 SD3~22B.5626 FAX 503.228.8566 June 9,'2006 BY' E'-'MAIL:lgoodwin@ci.Springfield.OJ\us Leonard ..Goodwin: Cif;ypfSpfingtield 225Fifth;st . Spriri,gfleid..OR 97477 Re:. .W'estWindEstiites:Subdivision r:ileNo~ 'j475fOOOS DearMt, Goodwin,. ThJsfifIj1t:epre~ents~~ developer offueWeStWind EstateS.subdivision. Mark HAA~()n askedine to write.:th1s lefterloC()qnmi Ul,e t~IJl1~ '()f the ligt'eementhe ~achedwlthyo\[oh Pee.ember 13,2605~3$amended by QUr:rllscussions finalized today, June 9,. 2qrr~; Attached~s a rpapofthe propo~e(I sPlJdivi$iOiI" with th:editterent ptopertiesldentified.by lemtr. A~ Spbj~ct to approv",~ by !he City Co.ooc.i1bYfe$olution, tlie'ctty wlti declateihat pornoriofthe.BoothKellyparcel11:UlJ1iJ,lg'froQI the we~~ly edgeofth~ sub4ivisi<J:n 4lthePOintof ~letsectiQri with the WeyerhaeUsef"HauIRoad as public righfof way emililing th~ developer;tocoi)$ttu~t the two sqeetsegri.)entS, id~fititi~wltha capiUilAfor sfteetcroSslngstasemce the subdivision. AnY multi"usepathslated~taned ~ partofthi$,Wpdivi.$ioniil thalpbrtion o'ftlie. Bqt>th KeUyp~1 dedicated Wider-this paragraph will be maintained by, th~. homeownersas$ociati9q llnle$s 'l:\!l(JUJ1~tbe.yareirtcptporated. mtO a public system ntalb.tained by an appropriate public agency. . . B~ ,As p~~ <<oQ.S!dCnt,tion, f<>f :~e d~c~.tjon of'the Booth Kelly parcel asset forth. ab(}ve~ the dev~IOperwill develop a public street onthe~ea id~ntitje~ ~'''B'' to Exhibit 1, Page 1 of 6 RESOLUTION NO. 06-35 . BITr",E~ ~ 1:f~':'S. p'U.' 1Une 9, 2006 Page>2 . . thc.samestaiidaidsas the streetS intbe subdM~i(m.. J'l\llfstreet will b~ dey~lop~d afthe~~e. tiJn~as. the other s.treetS in the sulX1iVisloti. . C. As partial consideratiOn. for the 9~~t1.9n of the ~~ i@ntifie4 ~:'A';. th~ ~~lp~t ~fP;dedibatetO theclt}itbearea: identified.aS'''C''.afthetime the cityJinalizes the aligomentfortht} 1Uture.~x.te8$iop" of4~th $treet.The eX~t dimenslQM.otthearea identifiwaS "C"will b.e determined in the process of fiIMlli~g th~.aligplllentfor tb~ 4~tJ1 $ireet.e"tensiOti. 1)evelopet will tlono wetlandS mitigation wotKregarding, this "C" propertY; Any wetlandsmitig(itiQP req~~ vvinb~tfte$Ole resp~ibility-ofthe City of Springfield. D. The developer's .ptedecessof bas an agreement with Wey~Jute~er ];0 pfQyi4e.at; no COSt, a'cQupection bewreenthe Westwmd subdiviSion and 49th Place across the existing Weyerhaeuser HaulRoad.{nth~ event the:city .QQ~igs title to the WeYedi~17 I:Iaul Roadpnot to thIS crossing beitlgdedicate~ the city agrees to provide a pubIiclydedica~d:righ~ Qrway (It. nooos! tbtI1e developer, to service the~tibdiVislon: E. Thede"elo~r agree~.topay tlIe city Z5o/c. ofth~.~umtedc:os~ ofS7()();00(jJj(j .for the48th'Sn-eetextenslo~ with thedevel6per's pomonnot to. exceed $175,000'. Payntept wiU.b.e d~. ~Q days, afler finalsubdjVisiQil plat recorditig. F.The(jltywtUgtantto:tliedeveloper a right offirst refusal. ~ub~tantially ip fh~ fQtm oripe afui.cbef;t~tO p~lmse:tlie:propertyidentlfied as"F." Iftlre:city electS ilOttoselI the uF"ptoperty, or-iftbeCny haS notyetmad~ aq eleetionbythetUne AAV~r()p~r s'llIlIni~ ~ appH~tlOn.to.develop.tbe 'prop.etty immediately to the.west, the City will grant; at no charge,adedi~ated rightQfway acrQps "F't(),s~tv:ic~ th~ PtQpefo/fl},une4jatelytotl:u~;west. If the City eleCtS to sell the"F" prQperty to someoneotheC'~ th~develpp.er; i,t\\'i11 t~~er:ve;a,tnoc.h~ge to th~ 4evetopet,ll dedicated ri~rofW(iY across "F"to serve tbe development to the-west -. If this letterac:curate~Y re~~cts tl1eagre~ll1et1ttbat you. J;ta~l1~(hvitbMarlc U<U1SQti.on pecembet 13, as amended today, please sigilai1dretum aicopy of this letter, Upon approval fly the City ColU1cil~.~is will C(:)nstit;ute a l>indingagree~ent. lunde~d you wIll then giVe tbls:to the city attorney to draft aj>pl'Qptiate,agreethents tq carry outthe tennsofthislett:~r~ . If YOll have questio~ Qr c.ol11ine.Qts. ot if I have .not accumtelyteflectedYour ilgreement; please can to discuss. . Exhibit 1, Page 2 of 6 . RESOLUTION NO. 06-35 . B'TTNE:R ,& HAl-IS, P.C. June 9, 2006 ~age3: Y,c . . trot . oUtS, ery. y y. ., ~.........O'.~..'.......'. . -. . ". . -. 'c",,' ., Andrew D. Halls ADiI:l>dw cer.; Derek Brown The termS..6fthis letterate;approved~ ~y;. Name:. .~ Brown Title: MeJllbet The: terins 6fthkletierare accepted. . . f ., \:'!::[') .g. APPROVED . 'r. -"'f1i$ .~~,~'~ l~\~ . ::__.. b l23 I cb :~. -;:::~CE OF CITY ATTORNEY Exhibit 1, Page 3 of 6 . L:'DocslClieritS\BroWn, DmiI:\We<owiIid &iotes\L~ ll6-G9:o6.doo RESOLUTION NO. 06-35 ~., J'U t . . ~~ ,J,:.:,.. . ,. ,~~tlE. ':: ,. tHr.;rc; '~~'~)" . ,d"",' ',";'.\ , ,D~;I.:":",,,,.< J~!!;I\"..~:, " '~'," , A' , --' _ ~"., v ~. "" ., . cy '~:\4~vh;lt ~~S "}t .- . ~ f '. \j ~ .. ~L[)R ~a . . , . ." ~. ~ $. ..~ ~~$ "'$. ~ ~ ~ ~ t i'; C'p)~" ~ '- . .-';',' .. .2-,tTf1::I;;;;;'r.fir":iM'^,r-' Ai-L ..' ..' ~I\"t!e'\t.\}~'Nt.T' . :' .;t.) "!i,~r-'Z.;'i\;i'jJ.l'l1mc.ri .:,:";$t? I ~ \ _ ~. > ~I.:'I~~ J _"~~ :.- ." A' "."tL'~,"4! ~i":!'i'~,Z,'.;;,;....",I'\ '\"'\iift'!f i~;~~~t~'.~'~ ,.n, .. -.~' ~. h"""..I;t.'.:"",~iil ; I ,~ ;;,r;.!''',.~~gg'~ . >' ... . .' ...'. ., J ." ,_' ',. ,'; ,.';'r',". .<"~'_~' .-,' ~,., .:',~':' ,';; ~f. :";"1.~',1',;" . ':' ,~. . .:~48~~~r~~~(~;. i,~: J "'~, ,We5.rr::WINlD E5liAmE5 . ,. ',.,,~\,:;;. .'...... ,...'.. .., 'c. .". ._ !r~:;;Rv~'l~ ,d,"". .~:'EI,~.:"".:A~I . U't:~lt~J.'l'l,Jt~~ , . .f '~~~1!1 ~ ~\..... "'~,.~., ,~h~ f Exhibit 1, Page RESOLUTION NO. 06-35 . RIGHT OF FIRST REFUSAL City agrees not to sell, transfer, exchange, grant an option to purchase, lease, or otherwise dispose of the Property or any part of, or interest in, the Property without first offering the Property to on the terms and conditions set forth in this letter. If City receives from a third party (the "Third-Party Offeror") a bona fide offer to purchase the Property, or a part of it, or an interest in it, City shall give written nptice (the "Notice") of the price, terms, and conditions of the offer and deliver a copy of the executed contract evidencing the offer (the "Offer") to Grantee. When receives the Notice and a copy of the Offer, shall have the prior and preferential right to purchase the Property (or the part of or interest in the Property covered by the Offer, as the case may be) at the same price and on the same terms and conditions as are contained in the Offer. Said sale shall be subject to a public hearing by and approval of the Common Council of the City of Springfield. . shall have 15 days from the date receives the Notice and a copy of the Offer to notify City whether elects to purchase the Property pursuant to the terms of the Offer. If _ elects to exercise its right to purchase the Property, then, in addition'to giving City written notice of its election within the 15-day period, also shall tender an amount equal to the earnest money deposit, if any, specified in the Offer, which will be held and used in accordance with the terms of the Offer. Said sale shall be subject to a public hearing by and approval of the Common Council of the City of Springfield. If fails to timely exercise its right to purchase the Property pursuant to the terms of this Agreement, then City shall be entitled to sell the Property according to the terms of the Offer to the Offeror. The right of first refusal created by this Agreement shall not apply to any sale or conveyance of the Property by City to any public entity. City and each agree to pay any commission or finder's fees that may be due on account of this transaction to any broker or finder employed by it and to indemnify the other against any claims for commissions or fees asserted by any broker claiming by, through, or under the indemnifying party. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE . =cf3"E 1 G"3 2 Exhibit 1, Page 5 of 6 RESOLUTION NO. 06-35 . PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH THAT, IN FARM OR FOREST lONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL lONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND, THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). C:\Documents and Seltings\good9305\Local Settings\Temporary Internet Files\OLK3FC\Right of First Refusal.wpd . . =d3"e 2 G"3 2 Exhibit 1, Page 6 of 6 RESOLUTION NO. 06-35 . DECLARATION OF DEDICATION Tax Map & Lot Numbers 18-02-05-11-00300 (on the date of execution) KNOW ALL BY THESE PRESENTS, that the City of Springfield, a municipal corporation, in Lane County, Oregon, acting by and through its City Manager authorized by its City Council, does hereby forever dedicate the following described parcel of land to the public as a PUBLIC ROAD: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE NOW THEREFORE, the City of Springfield declares that the above described parcel shall be dedicated to the public by the City of Springfield as a PUBLIC ROAD. APPROVED this 18th, day of July ,200 6 by the City Manager of the City of Springfield being duly authorized by the City Council to represent the City of Springfield in the above matter. . ~ GINO GRIMALDI-CITY MANAGER L: STATE OF OREGON I y,?UNTY OF LANE tl '(! ,BE IT REMEMBERED that on this 18th day of July ,200 6 before me, the ,,-j undersigned, a notary public in and for said County and State, personally appeared the within named ....:r ; ~ Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and who by me duly /1- sworn, did say that he is the City Manager of the within named municipal corporation and does . ,; tII acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal 1i.!!. affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument :../J was signed and sealed in behalf of said municipal corporation by authority of its City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. } 88 (, (I OFFICIAL SEAL " AMY LSOWA \ ,i NOTARY PUBLIC - OREGON ....~../ COMMISSION NO. 397942 . MY COMMISSION EXPIRES NOV. 22.2009 hw^- UBLlC FOR OREGON . / 1- ;)~ - ,;r{J?) C; MY COMMISSION EXPIRES Division of Chief Depuly Clerk Lane Counly Deeds and Records 2~~D.~5~~51 . 1111111I111111 111111111111111111111I1111111111111 $31,00 00829193200600540510010029 07/27/2006 10:21:40 AM RPR-DECL Cnl=l Sln=15 CASHIER 02 $10.00 $10.00 $11.00 RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO: CITY OF SPRINGFIELD - FINANCE DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 V:\STREETSI We.twindIDedication-GPhauIRd_ We.twind.doc Attachment B, Page I of 2 REVISED: January, 2005 EXHIBIT A . Parcel Twelve of that tract of land described and conveyed in a deed from Rex Timber Inc. to the City of Springfield~ a municipal corporation of the State of Oregon~ recorded for public record October 30~ 1985 in Reel1373R at Reception No. 8539188, Lane County Official Records~ Lane County, Oregon, being more completely described a follows: A strip of land in the A. W. Hammit Donation Land Claim No. 86~ in Section 5, Township 18 South, Range 3 West of the Willamette Meridian~ more particularly described as follows: Beginning at a point on the Westerly line of the tract ofland described as Parcell in Warranty deed form Weyerhaeuser Timber Company to the Booth-Kelly Lumber Company~ recorded under Reception No. 50805~ on March 2, 1955, in Reel 54'55D of Lane County Official Records, which point is designated as centerline station 2+86 of Tumout Road; thence North 180 11' 30" East along said Westerly line of a distance of 34.81 feet; thence North 480 14' West for a distance of 0.46 feet to a point on a 09025' 24" curve, which curve at said point is tangent to a line which bears North 710 50' 45" West; thence along said curve to the left (the long chord of which bears North 850 58' 53" West 297.30 feet) for a distance of 300.01 feet; thence South790 53' West for a distance of 531.3 5 feet to a point on the West line of said Donation Land Claim No.86, said point being 3304.89 feet South of the Northwest comer of the A. W. Hammit Donation Land Claim No. 38 in Section 32, Township 17 South Range 2 West of the Willamette . Meridian, which point is also 194.45 feet North of the Weyerhaeuser Timber Company Monument No. 16, situated at intersection of said West line with the North line of the Southern Pacific Company's right of way; thence South along said West line for a distance of71.11 feet; thence North 710 530 East for a distance of 543.84 feet to the beginning point of a 100 38' 06" curve to the right; thence along said curve (the long chord of which bears South 850 57' 45'East 263.48 feet) for a distance of267~75 feet; thence North 180 11' 30'East 35.00 feet to the true point of beginning. Said strip of land contains 1.39 acres, more or less. . . RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 SEND TAX STATEMENT TO: CITY OF SPRINGFIELD - FINANCE DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 97477 V:\STREETSIWe.twind\Dedicalion-GPhauIRd- We.twind.doc Attachment B, Page 2 of2 REVISED: IanuBJy. 2005