HomeMy WebLinkAboutPermit Miscellaneous 1988-4-21
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IMPROVEMENT AGREEHENT
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, IN CONSIDERATION of
nereinRfter referred to as
.'hereinafter referred to as
the covenants herein
City, and Hoedads, Inc.
Applicant, do covenant and agree as
recited, the City of Springfield,
follows:
VHEREAS Applicant desires Development Approval from City; and
VHEREAS,
cause both an
City;
any future
immediate
development within City or its Urban Growth Boundary will
and long-term demand on the various public facilities of
NOV THEREFORE, Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
STREET IMPROVEMENTS along the frontage of
to include: (,( surface paving; (...y'storm sewers;
(~gutters; (~~planter strips; (~street trees;
Jasper Road
(~sanitary sewers; (~curbs;
(~street lights; (..t'sidewalks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS: A 5' landscape strip to be installed behind the sidewalk.
LEGAL DESCRIPTION: (Place here or see Attachment A)
Beginning at a point 27.58 chains South of the Northeast corner of the John R. Magness
Donation Land Claim No. 50, Thownship 18 South, Range 2 West of the Willamette Meridian; _
thence South along the East side of said Claim, 246.4 feet to the True Point of Beginning
,of this description; thence West 549.78 feet; thence South 545.59 feet to the middle of
County Road; thence East 549.78 feet; thence North 545.59 feet to the True Point of Begining,
a 11 in Lane County, Oregon.
ADDITIONAL INFORMATION: 18-02-05-23
Assessor's Map#
00100
Tax Lot#
4164 Jasper Road
Property Address
IT IS FURTHER UNDERSTOOD that Applicant agrees to sign any and all waivers,
petitions, 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 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;
NOV 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 of the State of Oregon, Lane County, and City, the
said Applicant shall be entitled to Development Approval; and
;.
,
IN ADDITION, it is the intention of the parties hereto that the covenants herein
contained shall run with the land herein described, and shall be binding upon the
heirs, executors, assigns, administrators, and successors of the parties hereto, and
shall be construed to be a benefit and a burden upon the property herein described.
This.,Agreem.~nt shall be recorded in the Lane County Deed Records.
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......, ;. VHEREFO&1r;'~ -the parties have set their hand and seal this
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Direc tor of' pulllic Yorks
21
day of
3664AOOl 05/06/88 REC
**0005**
10.00
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By ~~~t.
Applicant
By 'D~ ~CWu.4
Applicant ~
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STATE OF OREGON )
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COUNTY OF LANE
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IN WITNESS wH~~lef::t~e 'grantors
seals tli1L .f,'~day of nnril
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above named have hereunto set 'their hands and
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before'me ap~eared R~~~~ ~~pnprpr
n~,,;" Mrr1 ncyv both to me persona Ilyknown,
duly sworn, did say that he, the said l"rnrp "'~p"prpr I
.'Is thlbnmnMvPresident, and he, the said n~"i" Mrrlnckv
is the r.""1"I'In~m.ll ~ Secretary of 'l'hp ~f"pn~('h::. Tflf""
the within named Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that the said Instrument was
signed and sealed in behalf of said Corporation by authority of Its Board of
, I
Oi rectors, and pr),rp '.I,,~d~rer and q~vid M~Closky ,
acknowledge said instrument to be the free act and deed of said Corpor nn
IN TESTIMONY WHEREOF, I have hereunto set my han d affixed -----
my official sea21;;l the. ~Ye la; :bo~e written. .
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. IHPROVEIIENT AGREEIIENT
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I, IN CONSIDERATION
hitrein~.fter referred to
hereinafter referred to
of the covenants herein recited, the City of Springfield,
as City, and Hoedads, Inc.
as Applicant, do covenant and agree as follows:
VHEREAS Applicant desires Development Approval from City; and
VHEREAS,
cause both an
City;
any future
immediate
development within City or its Urban Growth Boundary will
and long-term demand on the various public facilities of
NOV THEREFORE, Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
STREET IMPROVEMENTS along the frontage of
to include: H" surface paving; [.t'storm sewers;
[.( gutters; [.rplanter strips; [Ystreet trees;
Snllth 4?nn Str""t
I-t sani tary sewers; [.y curbs;
[i~street lights; [~idewalks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS: A 5' landscape strip to be installed behind the sidewalk.
LEGAL DESCRIPTION: (Place here or see Attachment A)
Beginning at a point 27.58 chains South'of the Northeast corner of the John R. Magness
Donation Land Claim No. 50, Thownship 18 South, Range 2 West of the Willamette Meridian;
thence South along the East side of said Claim, 246,4 feet to the True Point of Beginning
of this description; thence West 549.78 feet; thence South 545.59 feet to the middle of
County Road; thence East 549.78 feet; thence North 545.59 feet to the True Point of Begining,
a 11 in Lane County, Oregon. .
ADDITIONAL INFORMATION: 18-02-05-23
Assessor's Mapjl
00100
Tax Lotjl
4164 Jasper Road
Property Address
IT IS FURTHER UNDERSTOOD that Applicant agrees to sign any and all waivers,
petitions, 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 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;
NOV 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 of the State of Oregon, Lane County, and City, the
said Applicant shall be entitled to Development Approval; and
IN ADDITION, it is the intention of the parties hereto that the covenants herein
contained shall run with the land herein described, and shall be binding upon the
\ heirs, executors, assigns, administrators, and successors of the parties hereto, and
". shall be co'nstrued to be a benefit and a burden upon the property herein described.
.;, 'I:hfi;(~'1g1iel!~nt shall be recorded in the Lane County Deed Records.
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"i'; , ;...~..l!!!ERE'F.ORE'. · the parties have set their hand and seal this
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By. t4.. c... ~o-tu",,<_,
Director f Public Yorks
21
day of
3664A001 05/06/88 REC
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10.00
ss,
By ~~~
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APphcant (J
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STATE OF OREGON )
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19-88-' there personally appeared
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COUNTY OF LANE
On this ? 1 day of Aoril
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My Commission Expires: 4-18-q?
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IN wrtNESS.WHtRtot~_ the grantors above named have hereunto
seal5""tlilSll....} '.:.'..._tl~oof 'n~; I , 19...EB..
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STATE,lffciiGON ....,,""
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'County of T.~np
before me appeared R~"r'" M~"'n",y",~
r,,,,,,, Mrr1'1oh, both to me personally known,
duly sworn, did say that he, the said l'y"r", M~"'n"'~",y
'1s thll:nrnp~nl' President, and he, the said n~"in Mrr1noku
1 s the ......f'lmn.::m\1' c Secretary of 'T'h,:, ~c:: Tn,..
the within named Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority' of Its Board of
Oi rectors, and flY)''''''' M~"'n"'YPy and~"vid "I"<::'.0",':Y i
acknowledge said instrument to be the free act and deed of s~id Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the d and 1. ar l' abgve written.
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Pubjlc for Oregon
8817794
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On this 71
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my commission explr~s ^_10_00
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into
this ?J day of _~rr;l , 1988 (the "Effective Date") by and between
the CITY OF SPRINGfIELD, hereinafter "City", and the HOEDADS, INC.
hereinafter "Applicant", in accordance with Section 31.090, and Section
3.070(3), 3.080(3), 3.090(3), and 3.100(3).
RECITALS
WHEREAS, on the ?1 day of ~r;l ,1988, the Cit~ approved the
Final Site Plan Application submitted by the Applicant for the purpose of
a 11 owi ng:
Journal Number 88-01-0~4 Jaspe~ Assessor's Map 18-02-05-23
Tax Lot 00100. Change OT U-se--~, VI" a I'esidence and partially complete
concrete block structure to an office for a reforestation company with minor
vehicle maintenance using the existing two-car garage. The unfinished
concrete block structure will be enclosed and used for storage.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in
the Springfield Development Code Section 31.090, Applicant agrees to comply
with all the standards of the Springfield Development Code and Springfield
Municipal Code which may be applicable to this development project,
including but not limited to, the following:
Construction shall be completed in accordance with the Final Site Plan
including landscaped screening around the parking lot and storage areas.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in
the Springfield Development Code Section 31.090, Applicant agrees to comply
with the following specific conditions imposed by the City as part of the
Site Plan approval:
1. New paved driveways need approval from the State (S. 42nd Street) and/or
Lane County.
2. A letter from the Lane County Sanitarian is required to show service-
ability of the current septic system.
3. A Public Improvement Agreement is required to be signed for South 42nd
Street and Jasper Road. These documents have been prepared by staff.
4. An Annexation Agreement is required to be signed. This document has
been prepared by staff.
5. A Minor Variance was approved for the location of the Jasper Road
existing driveway. See Journal Number 88-02-15.
Site Plan Development Agreement
1
.
,
.
,
NOW THEREFORE
EXPRESSLY MADE A
FOLLOWS:
,
FOREGOING RECITALS WHICH ARE
CITY AND APPLICANT AGREE AS
IN CONSIDERATION OF THE
PART OF THIS AGREEMENT,
AGREEMENT
1. FINAL SITE PLAN. The applicant has submitted submit a Final Site
Plan in accordance with Section 31.080 of the Springfield Development Code.
I
2. STANDARDS. The applicant agrees to fulfill all applicable standards
specified in the Springfield Development Code and the specific standards
listed in RECITALS prior to occupancy, unless certain standards have been
deferred to a later date in accordance with Section 31.11~ of the
Springfield Development Code. '
3. CONDITIONS. The Applicant agrees to fulfill all specific
of approval required by the City listed in RECITALS prior to
unless certain conditions have been deferred to a later date in
with Section 31.110 of the Springfield Development Code.
,
conditions
,
occupancy,
ac;cordance
;
4. MODIFICATIONS. The applicant agrees not to modify the~ approved
Final Site Plan without first notifying the City. Modifications to the
Final Site Plan shall be reviewed in accordance with Section 31.190 of the
Springfield Development Code.
5. MAINTAINING THE USE. The applicant agrees to the following:
(a) The building and site shall be maintained in accordance with
the provisions of the Springfield Development Code in order to continue the
use.
(b) It shall be the continuing obligation of the propertYtowner to
maintain the planting required by Section 31.140 of the Springfield
Development Code in an attractive manner free of weeds and other invading
vegetation. In addition, plantings in the vision clearance area,shall be
trimmed to meet the 2 1/2 foot height standard in accordance with Section
32.070 of the Springfield Development Code.
(c) Parking lots shall be maintained by the propertYlowner or
tenant in a condition free of litter or dust, and deteriorated:pavement
conditions shall he improved to maintain conformance with these standards.
(d) Undeveloped land within the development area shall be
maintained free of trash and stored materials in a mowed and attractive
manner. Undeveloped land shall not be used for parking.
6. In addition to all other remedies which may be provided by law or
equity (including but not limited to penalties provided by applicable state
law or city ordinances) Applicant agrees that City may enforce Applicant's
responsibilities by withholding or terminating Applicant's Occupancy Permit.
,
7. Any Final Site Plan approvpd becomes null and void if conStruction
does not commence within one year of the date of this Agreement.
Site Plan Development Agreement
2
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IN WITNES'~'WHtRE6_the grantors above
seals t~is"l diiy,of_.~~"
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named have
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~unto set their hands and
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STATE OF 'GRE~QN ",
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On this ?1
day Of_Anri 1
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and
who being
County of T,~M
before me appeared Ry,,~p
M.::>IIO,lp'rt:ll'"
Aori! 21. 1988
._~ ......, n;ltp.... ~.
STATE OF k.-: ,-.-eCDrt:'Fy.O/7
) ss.
CDUIlTY OF *-n -e. )
n,,,;'" M~(" '10."" both to me persona 11y known,
duly sworn, did say that he, the said Py,,~p M~p"py",y
"j S thl\::nmp~ny Pres i dent, and he, the sa i d--D~";" M~('l nd"
1 s the rrmn-"'lnU I e. Secretary of _'T'1-II::' J..Jr"'l.ei!;::l"C:; Tn,..
the within named Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Di rectors, and pYJ'~'" 'Jil"'''PT'''T and D~vi d M!,Closkv
acknowledge said' instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I hav, e hereunto sezmy h nd and affixed
my Off,iCia1 se~l t ',' d, a"::6d ye r 1 ~ov.e wjten. ,
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./~ary Public for Oregon
CITY my commission expires A_10_00
BY:~'~ L//Z.s-/3~
oe{Jlof'Yn}<\ Corle Administrator _ .
BE IT RmE~1BERED, That on this
the undersigned a t~tary Public
the withi n named c...; r~Q<!)rc....
. /
2.. S day of 4/.7r/ I
in and for said County and
~ s-. No t-f-
, 19 ~ before me,
State, persona1~appeared
who (-s- known to me to be the identical individual described in and who
executed the within instrument. and acknowledged to me that ~~ executed the same
freely and voluntarily.
"
IN TESTlt1DNY HHEREOF, I have hereunto set
my hand and seal the day and year last
above \~ri tten.
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Notary Public for @~
My Commission expires: r~ ~ 19/?"1'
CIS ED #37-1
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NOTICE OF AGREEMENT
NOTICE IS GIVEN THAT Hoedads, Inc. and
, hereInafter referred to as "Petltloner(s)", and
the City of Springfield, a municipal corporation of the State of Oregon, hereinafter
referred to as "Ci ty". on the day of , 19 , entered
into an agreement governing an annexation to the City of real property identified as
Tax Lot 00100 - Assessor's Map 18-02-05-23 , a legal description of which
is attached as Exhibit "A" and incorporated by reference herein.
The use and development of the above property is governed by the terms and
ronditions of the agreement signed by the parties. The agreement is filed in the
central files of the City, to which reference is hereby made for all matters and
things therein contained. This Agreement is binding on the petitioner(s)' heirs,
assigns and successors in interest in the property.
IN
day of
WITNESS WHEREOF, the parties hereto have set th~ir hand and seal this 21
n~~;' t 19~.
By:
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Uwne r
4-21-88
Uate
By:
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By: 'r-.....-;..j)'~
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:STATE OFOREG(1N')
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! l;pu.~-,tY ,of, l;~f\e; :,~) i
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'., ~~\, O'r/ i;~n,,'i ~""~:i. day
'a.' '.~~tarY""Pl~bl}C in the
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identica "..,individuals
vol untari ly.
4-21-RR
Date
of Aori1 , 19~, before me, the undersigned,
said county and state, personally appeared the 'within named
and ..J:1a.Jd n M~r' nQ)m known to me to be the the
descri bed herei nand - who executed the same freely and
IN TESTIMONY WHEREOF, I nave
above written.
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V%f~1n~i~~ E~~i ~:~~ON4_18_92
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PETITION FOR ANNEXATION AND CONSENT
TO ANNEXATION
To: City of Springfield, Lane County, Oregon.
The Petitioner, Hoedads, Inc.
petitions, consents, and represents as toIIOWS:
1. Real Property: The undersigned Petitioner(s) owns real property located
outside the City limlts, but located within the adopted Urban Growth Boundary
depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred to
as the Property and more particularly described in Exhibit "A", attached hereto and
made a part hereof.
2. Irrevocable Petition and Consent to Contiguous Annexation: The
Petitioner(s) hereby lrrevocably petltlons and consents to contiguous annexation of
the Property to the City of Springfield pursuant to ORS 222.170. Petitioner(s)
petitions, consents and agrees that the City Council in its sole discretion, now or
at any time hereafter, may adopt a resolution initiating contiguous annexation under
ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the
Property to the City. The Petitioner(s) consents to including in such proceeding any
other property the City Council may direct or which the owner(s) have petitioned and
consented to the annexation.
Consent
and ORS
Petitioner(s) understands, consents, and agrees that this Petition and
may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c)
199.490 (3)(b) & (c).
petitioner(s) also irrevocably authorizes the City to present this Petition
and ,Consent to the Lane County Local Government Boundary Commission to initiate any
minor boundary change under ORS 199.490 (1) as an interim measure to provide service
to the Property prior to its annexation to the City.
In consideration for this Petition and Consent Agreement, the City agrees
that the Petitioner(s) Property may receive municipal services from the City and
Petitioner(s) may undertake the development of the Property in accordance with the
Springfield Development Code and other applicable City plans, policies and standards
and with the requirements of, Lane County.
3. Binding on Successors: Petitioner(s) agree that Petitioner(s) and
Petitioner(s) helrs and successors in interest in the Property shall be bound by ,this
Petition for Annexation and Consent to Annexation which shall run with the Property,
and that notice of this document will be recorded by the City in the deeds and
records for Lane County. A copy of the notice has been executed by the Petitioner(s)
and is presented herewith to the City.
4. New Use: Petitioner(s) 'must obtain City's approval for any new use, change
of use, or intensification of use of the Property. The City will grant approval of
the use if it is in compliance with the Springfield Development Code and other
applicable plans, policies"and standards as interpreted by the City.
.
, .
.
",. ....
\
5. Cost of Service in the Event Annexation Denied: If an administrative
agency or court of competent jurlsdlctlon determlnes that the Property or part of it
may not be annexed to the City or that the City may provide no service to the
Property or the part, the City may retain all consideration theretofore paid to the
City for serving the Property and may collect in addition thereto whatever additional
considerations are due the City for services the City has provided prior to the
determination that the Property may not be annexed to the City or the City may not
provide services to it. I
i
6. No Limitation on First Amendment Rights: Although this Petition for
Annexation and Consent to Annexatlon is blndlng upon Petitioner(s),: and may be used
for the purposes for which petitioner(s) has agreed, nothing :herein shall be
construed as limiting or infringing upon Petitioner(s) I right to speak out, comment
upon, or present arguments regarding the advisability of 'proceeding with the
annexation proceeding. It is specifically understood by Petitioner(s) that in
executing this Agreement, a situation may arise wherein Petitioner(s) may be opposed
to the annexation and would have all rights under the First Amendment to articulate
that opposition but the Petition and Consent of Petitioner(s) as contained herein
will be used for the purposes herein described by City in order to achieve and
demonstrate compliance with ORS 199.490.
7. Provision of Services: In executing this Petition and Consent it is
specifically understood that any annexation shall be contingent in its application to
any particular annexation request upon the annexing City, within a logical and
reasonable time, to provide key urban facilities and services, including, where
applicable, .sanitary sewers, solid waste management, water service, fire protection,
police protection, parks and recreation programs, electrical service, land use
controls, communication facilities, public schools on a district-wide,basis (in other
words, not necessarily within walking distance of all students served), paved streets
with adequate provision for storm water run-off and pedestrian travel:
I
The City shall not levy assessments, taxes;or fees against
not applied to properties of similar character throughout
I
,
8. Application:
consenting landowner
rest of the City.
the
the
DATED this ~ I
day of
~ Q , 19 g~.
-~~~
Pet 1t loner
~~ft_l},)Av-d.roJ~
Petit loner c:J
ACCEPTANCE BY CITY:
The City of Springfield hereby accepts petitioner(s) Petition for Annexation and
Consent to Annexat i on and by..thi s acceptance acknowledges this as an Agreement
meeting the requirements of Lane cou~~:o~e {k~OU9~55.
Plrn71;g.and Development Director:
.
IN WITNESS WHEREOF, the grantors above
seals this ?1 day of..:J..-.l,.\II:'
named have
19.Jlll. .
hereunto set their hands and
.
./
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" .
'flt,S,EAL) "
".. \ ")
':', '(SEAL)
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,l .r~
'.) )
., :'-,',' I 5S,. ,
C f ',,'
ounty 0 - Lane ). ..,;""
before me appeared~""p M~pc1pr"r
.')
(SEAL)
- /
( SEAL)
1'1
,.,
STATE OF OREGON
.\\
. ,
'"
On thi S, 21
day of
Aoril
, 19.Jlll..,
and
who being
both to me
the said A .r-,^<-<-
is the President, and he, the said .0"";,,, ,1M_ c..1",': I(~
is the _ ('A., /(' Secretarv of I ''\', tip "-rl,)r. ,.I!",..J T~,,-
the within name~ Corporation, and that the seal affixed to said instrument is
the Corporate seal of said Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Directors, and I),,"'c.... \NIc.4 s'\......e.....- and f).... .~,~ V\IJ,: r (~v .I.',
acknowledge said instrument to be the free act and deed of sajij Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my officiazxsea e y and year 1 above written.
:avt! d <.(/U~
~~otar Public for Oregon
my commission expires
personally known,
,^^eo...e..ct..ffo ,.
n",u.;r! M.....f""=-.,.l".~
duly sworn, did-say that he,
4-1 R-Cl?
.~.,
~
,
.
. , . .
.
.'
IMPROVEMENT AGREEMENT
IN CONSIDERATION of
htjrein".fter referred to as
hereinafter referred to as
the covenants herein recited, the City of Springfield,
City, and Hoedads, Inc.
Applicant, do covenant and agree as follows:
YHEREAS Applicant desires Development Approval from City; and
YHEREAS,
cause both an
City;
any future
immediate
development within City or its Urban Growth Boundary will
and long-term demand on the various public facilities of
NOY THEREFORE, Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
STREET IMPROVEMENTS along
to include: ~~urface paving;
[.( gutters; [..j" planter strips;
the frontage of
[.}' storm sewers;
[J'street trees;
South 4?nrl <::t..t>t>t
(...t sani tary sewers; [.y curbs;
[,rstreet lights; [..]Sidewalks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS: A 5' landscape strip to be installed behind the sidewalk.
LEGAL DESCRIPTION: (Place here or see Attachment A)
Beginning at a point 27.58 chains South of the Northeast corner of the John R. Magness
Donation Land Claim No. 50, Thownship 18 South, Range 2 West of the Willamette Meridian; _
thence South along the East side of said Claim, 246.4 feet to the True Point of Beginning
of this description; thence West 549.78 feet; thence South 545.59 feet to the middle of
County Road; thence East 549.78 feet; thence North 545.59 feet to the True Point of Begining,
all in Lane County, Oregon.
ADDITIONAL INFORMATION: IB-02-05-23
Assessor's Mapll
00100
Tax Lotll
4164 Jasper Road
Property Address
IT IS FURTHER UNDERSTOOD that Applicant agrees to sign any and all waivers,
petitions, 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 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;
NOY 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 of the State of Oregon, Lane County, and City, the
said Applicant shall be entitled to Development Approval; and
IN ADDITION, it is the intention of the parties hereto that the covenants herein
contained shall run with the land herein described, and shall be binding upon the
heirs, executors, assigns, administrators, and successors of the parties hereto, and
shall be construed to be a benefit and a burden upon the property herein described.
,,111" ,
,!h~~.,\4g'i:e~~,~ shall be recorded in the Lane County Deed Records.
0" ,.)' ",.., 'J, / "
,/ ,', I \/HEREFVia{;." the parties have set their hand and' seal this
i ... \ ~lh'~'." 19---BB-'
I : '\
! I))', ,'-) '~~) I,/.! ;1'
\'%I:rbF, I:;PRI~GF.iELD
:.".~Q~, Fifth;~trMt
Sp'~i'Itgf,:l\lI~,,"'Oregon 97477
>'11"" ,'.1,0
21
day of
STATE OF OREGON )
)
)
ss.
By ~qy(~
, Ap~cant
By 1)rWu{)7lv/~
App1icant 0
.-
By
Director of Public Yorks
COUNTY OF LANE
On this?1 day of Aoril
~ ?;z~ocument.
~f~~IC '
My Commission Expires: 4-1R-q?
19-88-' there personally appeared
II 14B
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"
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\\\1 \ \','d, ",
IN WITNESS WHEREOF;'" the
seal!",this,"?} da~'"of
,.1 . ,) '/\ . " '.
'j \ /) :
'" \
, ~
grantors above
b.nr; 1
named have
19-8.ll..
hereunto set their hands and
<
(SEAL)
(SEAL)
)
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',/'
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...
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(SEAL)
(SEAL)
"<,'1 . .
STATE OF'OrtEGON "
""11111,1'"
"
"
)
)ss.
)
On this ?l
day Of_Anri 1
, 19-8.ll.,
and
who being
County of~~M
before me appeared "rnrp
M~pr1P""Pl'"
n::lU; n M,..rl npyu
duly sworn, did say that he, the said l'rnrp M~"n"rM
'1s th~nmp~ny President, and he, the said n~,,;n Mrrlnq<"
1 s the -=~nv' q Secretary of "'hp l.\n.f'.Il~"k ,nn
the within named Corporation, and that the seal affixed to said instrument is
the Corporate seal of said"Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Di rectors. and t'>;:nn" 'Jal:>1"r"r and qaviq M.("Clo~kv
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the d and Y. ar 1 ab~ve written.
both to me personally known,
;/~...~
Public for Oregon
my commission expires A_la_a'
...'.. ~ .
1:'
"
,
.
, .
IMPROVEMENT AGREEMENT' '
..
J, IN CONSIDERATION of 'the covenants herein recited, the City of Springfield,
nerein~fter referred to as City, and Hoedads, Inc.
-'hereinafter referred to as Applicant, do covenant and agree as follows:
YHEREAS Applicant desires Development Approval from City; and
YHEREAS,
cause both an
City;
any future
immediate
development within City or its Urban Growth Boundary will
and long-term demand on the various public facilities of
NOY THEREFORE, Applicant and City agree to the following schedule of public
facility improvements and respective cost assumption policy:
STREET IMPROVEMENTS along the frontage of
to include: [.( surface paving; [..ystorm sewers;
[.fgutters; [.y'planter strips; [.y'street trees;
Jasper Road
[.y sani tary sewers; [--I" curbs;
[~street lights; [~sidewalks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS: A 5' landscape strip to be installed behind the sidewalk.
LEGAL DESCRIPTION: (Place here or see Attachment A)
Beginning at a point 27.58 chains South of the Northeast corner of the John R. Magness
Donation Land Claim No. 50, Thownship 18 South, Range 2 West of the Willamette Meridian; _
thence South along the East side of said Claim, 246.4 feet to the True Point of Beginning
of this description; thence West 549.78 feet; thence South 545.59 feet to the middle of
County Road; thence East 549.78 feet; thence North 545.59 feet to the True Point of Begining,
all in Lane County, Oregon.
ADDITIONAL INFORMATION: 18-02-05-23
Assessor's Mapjl
00100
Tax Lotjl
4164 Jasper Road
Property Address
IT IS FURTHER UNDERSTOOD that Applicant agrees to sign any and all waivers,
petitions, 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 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;
NOY 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 of the State of Oregon, Lane County, and City, the
said Applicant shall be entitled to Development Approval; and
IN ADDITION, it is the intention of the parties hereto that the covenants herein
contained shall run with the land herein described, and shall be binding upon the
heirs, executors, assigns, administrators, and successors of the parties hereto, and
shall be construed to be a benefit and a burden upon the property herein described.
This Agreement shall be recorded in the Lane County Deed Records.
,,' \ ,',Iil 'I ./ "'"
, "VHEREFOP.k~"', the parties have set their hand and seal this
'/ '?'.
A'ohh., " ' , 19..l1B....-.
i "1 ,) " /'J '
'. '! ,-', I "
~ ./ )...) /,'"
'..grTY ort. mUNG FIELD
'225 Fifth 'Street
'\~ "
Sp'rh\gfieldl Oregon 97477
. . .~ 1).1 .,..'
21
day of
STATE OF OREGON )
)
)
ss.
By ~~~.
Applicant
By 'b~ YkCR.rol,..
Applicant if
.-
....".
By
Director of Public Yorks
COUNTY OF LANE
this
th; above 'J';d~men t.
~.
19~, there personally appeared
....
My Commission Expires:
4-1A-Q?
jI 14B
.' .
r' .
IN WITN~S~ WH~R\tdF;)he grantors
sealst!1is,?,,' dayof ~nril
'j \ 1,-
\) ,
\ /
above
named have
19..Jlii.
hereunto set their hands and
,
I
,.J
(SEAL)
(SEAL)
"
" < , \ ,
" ,
...
STATE OF ORE.GON ,.,"
(SEAL)
(SEAL)
County of T.,~np
before me appeared Rr"~p
)
)ss.
)
On this ?1
day of
Anri 1
, 19..Jlii,
and
who being
M.::Il3npr,:>r
n:>u;~ M,...rl(\cku
duly sworn, did say that he, the said I'r"~p M~p"prpr
Is thlbnmv~nyPresident, and he, the said~,;" M~rlM""
1 s the ,..nmn=r.nu' c Secretary of ....hp J.,fnl=>.n::1nc:. T....,..
the within named Corporation, and that the seal affixed to said instrument is
the Corporate seal of said"Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Directors, and I'rJ'~p '.I~p"prpT and Qavid M,cClosky
acknowledge said instrument to be the free act and deed of said Corpor
IN TESTIMONY WHEREOF, I have hereunto set my han d
my official sea21;the. ~Ye las =bo~e
. "-'0 ""-- (( / ·
. Ifl} ry Publicror Oregon
my commission expires A_1R_Q'
both to me personally known,
affixed
written.
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