Loading...
HomeMy WebLinkAboutCorrespondence APPLICANT 2/20/2008 Page I of2 L1MBIRD Andrew From Sent To Subject Attachments KNAPEL Carole Wednesday, February 20, 2008 6 08 PM L1MBIRD Andrew, ERNST Dennis FW RlverBend Final Plat - submittal of additional information Final Rlverbend Plat Table_oCSupportlng_Docs pdt; Public Trail Easement Riverside Trail 022008 clean pdf, Public Trail Easement 022008 _2_ clean pdf, Public Way Use Agreement 021908 clean pdf Andy and Dennis, Attached are documents forwarded by KPFF for the Peace Health plat appllcallon From: Andrew Haliburton [mallto andrew hallburton@kpffclvllpdx com] Sent: Wednesday, February 20, 2008 1 59 PM To, KNAPEL Carole Cc: Danny Denning, Rachel Griffith Subject: RlverBend Final Plat - submittal of additional information Carole The RlverBend Final Plat Application (12/21/07) Included a Table of Supporting Documents (attached) Four of the listed Items (In red font) were not Included with the application because they were In progress and not cntlcal to the initial schedule of review We wish to submit for reView, documents supporting Items 4,5 and 13 The Items Included for City review are . Item 4 - Reservation Document for Public Trail Easement (Lot 9) . Item 5 - Dedication Document for 30-foot Public Trail Easement (offslte parcel 1 ) . Item 13 - Public Way Use Agreement (Right of Way Use Agreement) The last outstanding Item from that list (the Owest easement) IS stili In progress with the utilities SUB Installed the vault on Owest's behalf, at PeaceHealth's request, but It was put In the wrong place I am working with these parties to find an agreeable solution It may not require a separate reservation document as listed, If an easement IS recorded for the sole benefit of Owest, then yes If we do what I'm suggesting and Just widen the PUE to accommodate Owest's needs, then the plat Itself Will suffice and no further documentation Will be required However, Owest IS not comfortable with my preferred route Please indicate what we need to do to formally enter these documents Into the plat review file Many thanks, Andrew Haliburton ASSOCIate CEng MICE PrEng MSAICE LEEDTM AP KPFF Consultmg Engmeers US Bancorp Tower 111 SW 5th Ave, SUite 2500 Portland, OR 97204-3628 Tel (503) 227-3251 Direct (503) 542-3807 Fax (503) 274-4681 andrew hallburtonl1i)koffclvllodx com 3/3/2008 Date Received J..,f.J.?tJot!' Planner. AL "Co -01 01.... ::l(!) 15:::V -olD o )>9;! r< (1) a. ~ t ~ RlverBend Final Plat Applicant Response Supportmg Documents Document Title 1 Improvement Agreement (Lot 8) 2 Improvement Agreement (Deadmond Ferry Rd ) 3 Public Areas Mamtenance Agreement 4 Reservation Document for Public Trail Easement (Lot 9) 5 Dedication Document for 30-foot Public Trail Easement (off site parcel 1) 6 Memo - Re SUB2005-00012 #32 7 Permit - 353 Deadmond Ferry Rd (Lot 10) 8 Pumping report - 353 Deadmond Ferry Rd 9 Escrow Agreement 10 Memo - Lot 11 Pond Cntena 11 Memo - NW Detention Ponds 12 Memo - PIP Mitigation for NW Dramageway 13 Right of Way Use Agreement 14 Improvement Agreement (Lot 8 & 9) 15 Dedlcalion Document for Qwest Easement on Lot 4 12/21/07 1 of 1 Related Case and CondItIon No SUB2005-00012 - #7 and #34 SUB2005-00012 - #9 SUB2005-00012 - #21 SUB2005-00012 - #26 SUB2005-00012 - #29 SUB2005-00012 - #32 SUB2005-00012 - #35 SUB2005-00012 - #35 SUB2005-00012 - #66 SUB2005-00012 - #74 SUB2005-00012 - #74 SUB2005-00012 - #74 SUB2006-00044 - #5 SUB2006-00044 - #6 no condllion Final Rlverbend Plat Applicant Response xis Supportmg Docs After reconhng, please return to: Donald A Gallagher, Jr Arnold Gallagher Saydack, et al 800 WIlIamette Street, SUIte 800 Eugene, OR 97401 PUBLIC TRAIL EASEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIon, heremafter referred to as "Grantor," and WILLAMALANE, an Oregon non- profit corporatIOn, heremafter referred to as "Grantee" RECITALS A. As a conditIOn of the tentatIve subdivIsIOn approval (ConditIOn #26 of SUB2005-00012), Grantor IS obhgated to grant Grantee a public trail easement under the terms contamed herem, B. Grantor owns Lot 9 as shown on the plat for RlverBend Phase 2, recorded m the offiCial records of Lane County on , ReceptIOn No ("Plat"), C. The path IS referred to on the Plat as part of the R1verslde Trail, D The portIOn of the R1verslde Trail located on Grantor's Property has not been constructed, E. The parties shall agree upon the exact locatIOn of the portIOn of the R1verslde Trail to be located on Grantor's Property and shall amend thiS Easement to provide the legal descnptlOn of the actual locatIOn of the R1verslde Trail on Grantor's Property AGREEMENT 1. Grantor grants to Grantee a perpetual non-exclusive 25-foot public traIl easement on that portIOn of Grantor's Property mutually agreed upon by Grantor and Grantee 2. The Riverside Trail shall be available for the public to use as a multi-use path 3. When the locatIOn of the Riverside Trail on Grantor's Property has been agreed upon by the parties, Grantor shall construct a multI-use path 12-feet Wide with a 2-foot clear area on each Side of the path free of aboveground obstructIOns The path shall be constructed to the same specIficatIOns as the developed portIOn of the R1verslde Trail 4. The R1verslde TraIl shall be repaired and mamtamed by the parties m accordance wIth SectIOn 5 of the DeclaratIOn of Access and Mamtenance Agreement for Public Landscape PUBLIC TRAIL EASEMENT - 1 Date Received, ~/.:z~bo~r Planner AL Areas, Pubhc Accessways and Paths, and Open Pubhc Storm Dramage Systems m Order to Comply With Condition 21, ConditIOns of Approval, RtverBend SubdivIsIOn TentatIve Plan SUB 2005-00012, of the City of Spnngfield dated May 10, 2005, and recorded on May 10, 2006, ReceptIOn No 2006-032093 FOR GRANTOR: FOR GRANTEE: PeaceHealth WIIlamalane By Name Title By Name Title STATE OF OREGON ) ss County of Lane ) The foregomg mstrument was acknowledged before me thiS , 2008, by as PeaceHealth, a Washmgton non-profit corporatIOn day of of Notary Pubhc for Oregon My CormmsslOn Expires STATE OF OREGON ) ss County of Lane ) The foregomg mstrument was acknowledged before me thIS day of , 2008, by as of WIllamalane, an Oregon non-profit corporatIOn orgamzed and eXlstmg under the laws of the State of Oregon Notary Pubhc for Oregon My CommissIOn Expires PUBLIC TRAIL EASEMENT - 2 Date Received Planner AL :;'/:Jb/:L()()? I / ( PUBLIC WAY USE AGREEMENT THIS AGREEMENT entered mto by and between PEACEHEALTH, a Washmgton non- profit corporatIOn, heremafter referred to as "Grantee," and the CITY OF SPRINGFIELD, a mUniCIpal corporation organized and eXlstmg under the laws of the State of Oregon, heremafter referred to as "Grantor" or "City " WITNESSETH: SectIOn 1 pefinitlons. SectIOn liAs used In thiS Agreement, all words and phrases shall have theIr customary usage and meanmg, proVided, however, that the terms defmed In SectIOn 4 600 of the Sprmgfield Mumclpal Code shall have the meamng set forth therem, and the followmg terms shall be defined as follows SectIOn 1 1 1 "City" shall mean the City of Sprmgfield and all areas wIthm ItS corporate boundanes, mcludmg as those boundanes may be changed from time to time m the future SectIOn 1 I 2 "CounCil" shall mean the common council of City as set forth m Article III of the Sprmgfield Charter Section 1 1 3 "Person" shall mclude an mdlvldual, corporatIOn, associatIOn, firm, or any other busmess entity havmg the legal authonty to do busmess wIthm the state of Oregon SectIOn 1 2 As used herem, the smgular number may mclude the plural and the plural number shall mclude the smgular Section 1 3 Unless expressly proVided to the contrary herem or m the Spnngfield MUniCipal Code, any action authonzed or reqUired to be taken by City pursuant to thiS Agreement may be taken by the Councilor by the City Manager or any offiCial or agent deSIgnated by the Councilor the City Manager SectIOn 2 Rll'hts Granted. SectIOn 2 1 Grantor hereby grants to Grantee the nght to use the pubhc way deSignated as St Joseph Place as shown on the RiverBend Phase II plat recorded ("Public Way") SectIOn 2 2 Subject to the conditIOns and reservatIOns set forth herem, and the proVISions of the Sprmgfield MUniCipal Code, City grants to Grantee the nght, pnvllege and power to construct, use and mamtam a pnvate dnve and Sidewalks ("Factlltles") on the Pubhc Way and further grants Grantee all other nghts, pnvIleges and powers necessary or mCldent to the use, construction and mamtenance of such FaCIlities PUBLIC WAY USE AGREEMENT - I Page I of5 Data ReceIved. -' /'In f;.f)bf Planner AL --r; SectIOn 2 3 The nghts granted herem shall not confer on Grantee any nght, title or mterest 10 any Pubhc Way beyond that expressly conferred by the provlSlons of this SectIOn 2, nor shall It confer any nght or prlVllege to use or occupy any other property of City or any other entIty SectIon 3 Re.served RII~hts Section 3 I City reserves the nght, without hmltatlOn, to SectIOn 3 I 1 construct, mstall, mamtaIn and operate any public nnprovement, work or faclhty 10, on, over or under the Pubhc Way, SectIOn 3 I 2 perform or authonze or direct the performance of any work that City may find deSirable or convement 10, on, over or under any Pubhc Way, or SectIOn 3 I 3 vacate, alter, or close any Pubhc Way Section 3 2 Whenever CIty shall perform or cause or permit to be performed, any work m the Pubhc Way or the vlclmty of the Pubhc Way where such work may disturb or mterfere with the FaClhtles, City shall, or shall reqUire ItS permittee, to notify, 10 wntmg, Grantee suffiCiently 10 advance of such contemplated work to enable Grantee to take such measures, mcludmg removal or relocation of such Fac1lltles, as may be deemed necessary to protect such Faclhtles, at ItS own expense SectIOn 3 3 Whenever City shall vacate any Pubhc Ways for the convemence or benefit of any person or governmental agency and Instrumentality other than City, Grantee's nghts shall be preserved as to any of ItS Faclhtles then eXlstmg 10 such Pubhc , Way SectIon 4 Care of FaCIlitIes SectIOn 4 1 The Faclhtles shall at all times be mamtamed and operated 10 a safe, substantial and workmanhke manner SectIOn 4 2 For the purpose of carrymg out the proVISions of thiS sectIOn, City may proVide such specIficatIOns relatmg thereto as may be necessary or convement for the public health, safety and welfare, or for the orderly development of City City may amend and add to such speCificatIOns from time to time SectIOn 5 ActlvltJesm the Public Way. Section 5 I Grantee shall obtam such permits as may be reqUired by law pnor to commencmg the constructIOn, extension or relocatIOn of any of ItS Faclhtles In the Pubhc Way SectIOn 5 2 Pnor to commencmg any constructIOn, extensIOn or relocatIOn of FaCIlities In the Pubhc Way, Grantee shall file drawmgs, 10 such form as may be acceptable to the City Engmeer, show 109 the locatIOn of eXistIng faclhtles and faclhtles to be constructed, mamtamed, or relocated Followmg completIOn of such constructIOn, extensIOn, or PUBLIC WAY USE AGREEMENT- 2 Page 2 of5 Date Received, ~/:l~~()()! Planner. AL relocatton, Grantee shall file drawmgs and maps, m such form as may be acceptable to the City Engineer, showing the Fact!lttes as actually constructed, extended, or relocated SectIOn 5 3 Except In an emergency, Grantee shall make no excavatIOn, opemng, or other intrusIOn Into the PublIc Way without haVing first obtained such permit as may be reqUIred by law Sectton 5 4 In performing all work In the PublIc Way, Grantee shall, at all times, conduct such work In accordance With the Standard Construction SpeCificatIOns of City as they shall eXist from time to time SectIOn 5 5 If at any ttme Grantee shall make any opening, excavatIOn or other intrusIOn mto the PublIc Way, Grantee shall promptly restore the PublIc Way to the same conditIOn m which It was pnor to the opening, excavatIOn or intrUSion, all In accordance With City Standard Construction SpeCifications as then In effect, proVided, however, that at any time City may effect such restoratIOn, the full cost thereof shall be patd by Grantee Section 5 6 Should Grantee fall to promptly make such restoratIOn or fat! to make such restoratIOn In accordance With City Standard Construction SpecificatIOns, City may, at ItS electIOn, cause such restoratIOn to be made In such event Grantee shall reimburse City for the full cost of such restoration and, In addition, pay a penalty equal to two times the full cost of such restoratIOn Seclion 6 Safety Standards and Work Sneclficalions, SectIOn 6 ] The FaCIlIties of Grantee shall at all times be mamtamed In a safe, substantial and workmanlIke manner SectIOn 6 2 For the purpose of carrymg out the proVISIOns of this sectIOn, City may proVIde such speCIficatIOns relating thereto as may be necessary or convement for public safety or the orderly development of City City may amend and add to such speCifications from time to time SectIOn 7 Indemmficalion and Insurance SectIOn 7 I Grantee shall defend, Indemmfy and hold harmless City, ItS agents, servants and employees from and against all claims, demands and Judgments (including attorney fees) made or recovered against them including but not lImited to damages to real or tangible personal property or for bodily injury or death to any person, ansIng out of, or In connection With thiS Agreement, to the extent of such damage, injury or death IS caused or sustained In connectIOn With the performance by Grantee or ItS employees, servants or agents SectIOn 72 Grantee WIll, at all tImes, carry a CommercIa] General Liability Insurance policy for at least $] ,000,000 combined Single limits per occurrence and at least PUBLIC WAY USE AGREEMENT - 3 Page 3 ofS Date ReceiveL.~k;l.;loO{ Planner. AL $2,000,000 m the aggregate, for Bodily InJury, Property Damage, and Personal Injury City, Its agents, employees and officials, all while actmg wlthm their official capacity as such, shall be named as an additional msured on the polIcy of msurance A current certificate of msurance eVldencmg any polIcies reqUIred by this Agreement shall be on file with City at all times A 30-day notice of cancellation clause shall be mcluded In said certificate City has the nght to reject any certificate for unacceptable coverage and/or compames SectIon 8 Assumment of Rll!hts. SectIOn 8 I Except as provided m this sectIOn, Grantee shall not assign or otherwise transfer this Agreement or all or any portIOn of ItS nghts or oblIgatIOns hereunder to any entity, except an entity wholly owned by Grantee or by any parent of Grantee, without the pnor wntten consent of City, which consent shall not be unreasonably withheld or delayed Grantee shall give City not less than thirty (30) days' wntten notice of any such transfer or assignment For the purpose of determmmg whether or not It will consent to such transfer or assignment, City may, wlthm thirty (30) days ofrecelVlng notice of the proposed transfer or assignment, conduct a review of the finanCial or techmcal ablhty of the proposed transferee or assignee Section 8 2 This Agreement and each of the parties' respective nghts and oblIgatIOns under this Agreement, shall be bmdmg upon, and mure to the benefit of, the parties hereto and each of their successors and assigns SectIOn 9 TermmatIon of Al!reement. Section 9 I This A",,;,,;,u.ent shall termmate at such time as City constructs a publIc roadway on the PublIc Way SectIOn 92 Upon the failure of Grantee, after SIXty (60) days' notice and demand m wntmg, to perform promptly and completely each and every term, condition or oblIgation Imposed upon It under or pursuant to this Agreement, City may termmate this A5J';:''':'lIlent SectIOn 10 Remedies, Section I 0 I All remedies and penalties under thiS Agreement, mcludmg termmatlOn of the Agreement, are cumulative, and the recovery or enforcement of one IS not a bar to the recovery or enforcement of any other such remedy or penalty The remedies and penalties contamed m thiS Agreement, mcludmg termmahon of the Agreement, are not exclusive, and City reserves the nght to enforce the provIsions of any ordmance or resolutIOn and to avail Itself of any and all remedies available at law or m eqUIty Failure to enforce shall not be construed as a W31ver of a breach of any term, condlhon or obligatIOn Imposed upon Grantee by or pursuant to thiS Agreement A specIfic waiver of a particular breach of any term, conditIOn or oblIgatIOn Imposed upon Grantee by or pursuant to thiS Agreement shall not be a waiver of any other or subsequent or future breach of the same PUBLIC WAY USE AGREEMENT - 4 Page4of5 Date Received, ;/:161:MiJrf Planner' AL ----"t"*7 o or of any other term, conditIOn or obhgatlOn, or a waiver of the term, condition or obhgatlOn Itself I SectIon 11 Comnlete Al!reement SectIOn 11 1 ThiS Agreement represents the whole agreement between the parties and shall supersede all other agreements and understandmgs, whether oral or 10 wTltmg, between the parttes with respect to the subjects covered by thiS Agreement ThiS Agreement may not be modified except by a wTltmg executed by both parties to the Agreement IN WITNESS WHEREOF, the parties, by theIr duly designated representatives have executed thiS Agreement as of thiS _ day of ,2008 FOR GRANTEE: FOR CITY: PeaceHealth CIty of Sprmgfield By Name Title By Name Title PUBLIC WAY USE AGREEMENT - 5 Page 5 of5 Date Received, 3./:Lo//2iJOI" Planner AL