HomeMy WebLinkAboutCorrespondence APPLICANT 2/20/2008
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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
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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 /
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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
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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