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Home My WebLink AboutPermit Miscellaneous 2007-3-23 " , . . . I' Division of Chief Deputy Clerk Lane Counly Deeds and Records 2~~1.~2~~~~\ $46,00 After recordino return to: c "-r- - ,f/'otlJ1G.Pleu> PIIJ-..ruA",~"'" 3Ae?MM 2.ZS; FIFrH r-.nI/EFr .r"f/,V(L{b'\.....n 0""77 I ""11111 1II1II 11111/11111111 II 111111 I" 1111 11 ;94782200701205480050054 03/28/2007 08: 13 :01 AM RPR-AGRE Cnt=1 Stn=1 CASHIER 05 $25,00 $10,00 $11,00 Unless requested otherwise, send all tax statements to: .dusfIlT (" f)eWiu-PAGNr. ~ po, 'JIr>v~ ~~~ lff"'!1'''''' , O~ C)7ttn - " It\o~{ j~)' C-c.... AGREEMENT FOR FUTURE RIGHT OF WAY DEDICATION MOUNTAINGATE PHASE 380R 2ND AOOmON This Agreement is made and entered on this Z. ') day of MlJtz(,j,f- , 200~ by Alberts Development, L.L.C., (hereinafter referred to as "AD"), and the City of Springfield, (hereinafter referred to as "CITY''), -- RECITALS: / AGREEMENT: / / / . .....~..;.. A. AD is the owner of the real property more particularly described and set forth in Exhibit A, attached hereto and incorporated herein by reference. This parcel is also included as a part of the MountainGate Master Plan that was approved by the City of Springfield. /' B. CITY requires dedication of right of way to the east boundary of AD property at Jessica DriVe as proposed and approved on the MountainGate Master Plan and Tentative Subdivision Approval SUB2003-00063 for MountainGate Second Addition prior to Final Plat Approval. C. /' AD proposes this Agreement to satisfy Final Plat requirements for MountainGate Second Addition Subdivision in accordance with SDC 35.100. 1. The approved Master Plan and Tentative Subdivision Plans for MountainGate Second Addition Subdivision proposed by AD show a proposed and approved future right of way connection to the east. The proposed and approved right of way dedication on AD property is 25 feet wide and extends south/southeast approximately 200 feet along the extension of Jessica Drive to the easterly boundary of AD property, as shown on Exhibit B, attached hereto and incorporated herein by reference, 2, Upon written request of the City AD agrees to dedicate to the City, without reservation, said 25 feet of right-of-way and any necessary slope easement as may AGREEMENT FOR FUTURE RIGHT OF WAY DEDICATION Page 1 ... ....I .. .I."..L . . .., ..... .... ..,.... .,I~,.", .. ., ....o...l;. .., .- - " . . be required by the City at such time as CITY deems appropriate for street connectivity and/or the extension of utility services consistent with approved Master Plans, the Conceptual Local Street Map or Public Facilities Plans. , 3. Upon request of CITY AD agrees to dedicate to the CITY additional Public Utility Easements outside the right-of-way dedication if it is determined necessary by the City to facilitate Electric, Water, Phone, Cable, Natural Gas, or other utility services consistent with approved Master Plans, the Conceptual Local Street Map or Public Facilities Plans, 4. The dedication of right of way and easements described in Sections 2 & 3 shall be made by dedication of right of way document independent from a subdivision plat and shall be submitted within 14 days of written request. In addition to helping to satisfy AD's proportional requirements for MountainGate Phase 3q, if the request is made independent of a request for land use approvals serving AD, the dedication shall also satisfy AD's proportional participation in any street improvement project initiated by others. 5. This Agreement shall run with the land, be perpetual, and shall inure to the benefit of the heirs, successors, and assigns of the parties to this Agreement. This Agreement is not personal or in gross but is appurtenant to each and every portion of the property described in Exhibit A. IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed on the day and year Fi ritten above. ALBER D ELO ~L.LC. Todd .b~~(,~ STATE OF OREGON ) ss ) County of Lane ) This instrument was acknowledged before me on A IJuA Z--3 , 2007 by Todd Alberts, as Manager of Alberts Development, L.L.c., on behalf of the company. ~/7J;J~~ Notary Public for Oregon / My commission expires: ) / / J.o~ ~ IQ .~ , 'r.r~~ OFFICIAL SEAL ,<,,--;. LOP.ITiA S CHAPMAN _I .~',.?-. NOT.~RY PU8UC-OREGON , .. CDrnMISSION NO 399211 i-.:'YCOM:'.lI~~ON EX)'IRESNOV. 30, 20091 ***ADDmONAL NOTARY TO FOLLOW ON NEXT PAGE*** AGREEMENT FOR FUTURE RIGHT OF WAY DEDICATION Page 2 ~ ....... .... . . CITY OF SPRINGFIELD ~~ 2 J~ ~., v U () STATE OF OREGON ) ss ) County of Lane ) This instrument was acknowledged before me on 1J"tz,c.t..- Z3 j(EA(//,p ruT VOl!oevEY, as cnY€#doIAlrEI2 of the City of Springfield. . 2007 by '"=' -,"":, -.-, --:t," OFFICiAl SEAL ~ . JON DRISCOLL " .' NOTARY PUBLIC. OREGON 1 COMMISSION NO. 401645 'i J,ffCOMMlSSION EXPIRESJANUARY,2~2010 f' .. "'It ~ T - - -- -.' ='...;-- - - _. ~ ZZ,2-0/0 AGREEMENT FOR FlJTURE RIGHT OF WAY DEDICATION Page 3 .:"" ",,,..1..,,... ... ,.,'_.,j~'_,~..I..... ..d~."__'......:..;;101o..1 ~,.."I6.loJ I.. II., .. .1...'......._........,..;_.1,...... ~ ..~.. ........'...1..'...'._ .,.. . . EXHIBIT "Au 'A tract of land being a portion of the Northeast Quarter of Section 3, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, Lane County, Oregon, being more particul~rly described as follows: ,Beginning at a point being North 22017'04" East 165,00 feet from the Southeast corner of Lot .178 of MOUNTAINGATE 2ND ADDITION, as platted and recorded tvt~...d-o 2~, ,2007, Reception No, 2.007 - 2.052-1 , Lane County Official Records; thence South 67016'48" East 181..75 feet to a point, on the East line of that certain tract of land. described in Bargain and Sale Deed to Alberts Development, LLC recorded March 11, 2004, Reception No. 2004-017290; thence following along said boundary South 01044'37" West 462,56 feet; thence North 87039'28" West 973,06 feet; thence North 22018'55" East 923.00 feet to the Southerly boundary of said MOUNTAINGATE 2~ ADDITION; thence following along said Southerly boundary South 54022'04" East 83,03 feet; thence along the arc of a 325.00 foot curve left having a central angle of 15025'50" an arc length of 87.53 feet (the long chord of which bears South 15005'00" West 87.26 feet); thence along the arc of a 20,00 foot radius curve right having a central angle of 107007'19" an arc length of 37,39 feet (the long chord of which bears South 60055'45" West 32.18 feet); thence South 06006'47" West 51.88 feet; thence along the arc of a 20.00 foot radius non-tangent curve right having a central angle of 95049'15" an arc length of 33.45 feet (the long chord of which bears South 22057'45" East 29.68 feet); thence along the arc of a 225.00 foot curve right having a central angle of 7~01'41" an arc length of 27.60 feet (the long chord of which bears South 28027'43" 27,58 feet); thence South 58001'26" East ~O.OO feet; thence South 36036'43" East 176.92 feet; thence North 29008'30" East -169.21 feet; thence along the arc of a 275.00 foot radius curve left having a central angle of 5010'40" an arc length of 24.85 feet (the long chord of which bears South 53007'58" East 24,84 feet); thence along the arc of a 325.00 foot radius curve left having a central angle of 170.10'18" an arc length of 97.40 feet (the long chord of which bears South 59007'47" East 97,04 feet); thence South 67042'56" East 30,01 feet; thence South 22017'04" West 140,00 feet; thence South 67042'56" East 95,00 feet; thence North 22017'04" East 165.00 feet to the Point of Beginning, all being in the City of Springfield, Lane County, Oregon. Said tract contains 11.07 acres, more or less. ,,' ,.. 1,IlIiIL .1. I~ ..11.': ..... 1 I. .;" .olll.. I.. ... I. I~ ,..... ....., ... . .i1.....I:...,.. ....I._hl.l. ..... ......l ~ ~~ p~ ~ ~ ~~ nQ ~ ~ \' ~~ IV . . EXHIBIT "B" .... 9<\~ ~V> . ~~~ 177 1128J SF " . g~ ....... ~~ ......., ;;>0 .................... ~ 2~ ................ ...... ~~ -........:~~~ '*"'''<'$6{- ,/p "'J.'s- <>'SS;>t4 . .!?.?/~ ~ S6~S;>l". J,,,~r!/l' ''"'' 7ION . . RITl/RE Ilfl1(l4 : .&f;/;,.,..," . r25.00 : ' ~ '-,/ >'. . "'. /;/ :;.::.::.>'", ! </~:'., .' -' -'>" , ~'<<--- / ,/ /, /.." ' , '-":<.:,...../~/'l//'" : I ''''''/ <2:~ ;'::;//;,1 ~ <<<>/>: :i.' '.<<>: ~ ~ ,~ .1:'I{o i ~ " : 4' ~~~ j ~~ :...... , , , ..I,. ...,,, II..... ,.. Ill...... .,........_ I."-a~_'" I , I. I, . ..~....,."':'" I. ,........J..;...I.. . .,;A ..I,',I,a ..a;..;..IU.. III.,..