HomeMy WebLinkAboutApplication APPLICANT 12/26/2007 (3)
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate)
PRE-SUBMITTAL REC'O
DEe 2 6 2007
REFERENCE
DOCUMENTATION
I DECISION
SUB2005-00012
I SUB2006-00044
I CONDITIONS(Sl
#7 and #34
1#10
IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, hereinafter
referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter
referred to as Applicant(s), do covenant, and agree with respect to the real property
descnbed below as follows
1 Applicant(s) warrants and represents to the City of Spnngfleld that It IS the owner of
the property more particularly descnbed and set forth In Paragraph 7 below and, as
owner, has the authonty to enter Into thiS Improvement Agreement with the City of
Spnngfleld
2 Applicant(s) desires Development Approval from the City With respect to the following
Development Application SUB 2005-00012 and SUB2006-00044
3 l"he development will cause both an Immediate and long-term demand on the vanous
publiC facilities of City and Lane County Including the speCifiC public Improvements
necessitated by the development as set forth In paragraph 6
4 ThiS Improvement Agreement IS an alternative to Imposing a condition on Applicant's
development approval that the Applicant make Immediate construclion of any public
Improvement that the development necessitates The obJeclive IS to promote
efficiency, coordination, and spread costs by providing an opportunity for a dlstnct
wide Improvement mechanism where construction occurs In a coordinated project
With the participation of adjacent and other properties In the area, Instead of requlnng
Immediate Improvement In conjunction With each development application There IS
no guarantee, however, that such a coordinated project will be pOSSible and the City
reserves the nght to require construction of the Improvements In the future at CIty
discretion
5 (a) Applicant and City agree that Applicant will pay the cost of the following publiC
facility Improvements described In Paragraph 6 In accordance With respective cost
assumption policy established by City at the time the City determines to undertake
and complete such public Improvements
(b) Applicant and City acknowledge and agree that the cost of such Improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned If the Improvements were
constructed Immediately or by Applicant now or later
(c) Applicant acknowledges that the timing of the construction of such Improvements
IS Within the sole and exclusive direction of the City
6 (a) STREET IMPROVEMENTS along the frontage of Loop Road from Baldy View
Lane to the east property line of Lot 8 to Include
[8J surface paving, [8J storm sewers, [8J sanitary sewers, [8J curbs,
[8J gutters, [8J planter stnps, [8J street trees, [8J street lights, [8J Sidewalks
(Bar Code Sticker)
AFTER RECORDING RETURN TO
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
Page 1 013
(b) TRAFFIC SIGNALS at the Intersection of N/A
(c) OTHER IMPROVEMENTS N/A
Applicant acknowledges that the list of marked Improvements reflect those that would
currently be required under the appropriate City codes and ordinances Applicant
acknowledges that It understands that the Improvements made will be those required to
bring the street to full urban standards for the then current funcllonal classification of the
street as those standards eXist at the time the Improvements are made and may,
therefore, differ from the list of Improvements checked herein
7 LEGAL DESCRIPTION
The real property desCribed as Lot 8 of RtverBend, Phase II, dated December XX, 2007,
and recorded In Land County on XX Month, 2008
8 City agrees that Applicant's execution and performance of the terms of the
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, Applicant shall be
entitled to Development Approval, subject to the terms and condlllons of approval set
forth therein
9 ThiS agreement IS enforceable by the State of Oregon, Lane County or City
10 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 AND TO WAIVE ALL RIGHT TO
REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any
right to protest the amount or manner of spreading the assessment thereof, If the same
shall appear to the Applicant to bear inequitably or unfair upon said property of
Applicant Applicant's acceptance of the non-remonstrance condition IS In conSideration
for the City's waiver of the requirement for the Immediate construcllon of the public
Improvements that the development necessitates ThiS Improvement agreement waives
the property owner's right to file a written remonstration It does not waive a property
owner's right to comment on the proposed district or any related matters orally or In
writing
11 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 parttes 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
NOTICE TO APPLICANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospective purchaser of thiS property, you are adVised to
diSCUSS thiS Agreement with an Attorney of your chOice Execution and recordallon of
thiS Agreement will place requirements on the Owner and any subsequent purchaser of
the Real Property deSCribed In Section 7 and their heirs, successors and assigns
These requirements Include but are not limited to the payment for the public
Improvements deSCribed In Section 6 ThiS may result In an assessment lien on the
Real Property deSCribed In Section 7 and Significant costs to the Owner and
Purchasers, and their heirs, successors and assigns An Applicant's signature on thiS
Agreement indicates that the Applicant has thoroughly read thiS Agreement,
understands It, has had the opportunity to consult legal counsel prior to ItS execution,
and understands that execution of the Agreement may result In Significant financial
obligations Imposed upon the Owner of the Real Property Any prospective Purchaser
of the property burdened by thiS Improvement Agreement should also thoroughly review
thiS Agreement, consult with legal counsel prior to purchaSing the property, and
understand that thiS Agreement may result In a Significant financial obligation Imposed
upon any Owner of the Real Property deSCribed In Section 7
Page2of3
WHEREFORE, the parties have hereunto set their hand this
day of , 20~
(SEAL)
(TITLE)
(SEAL)
(TITLE)
STATE OF OREGON
COUNTY OF
} ss
BE IT REMEMBERED that on this day of ,200_before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named
whose Identity was proved to me on the basIs of satisfactory eVidence and who by me
duly sworn, did say that Is/are the
of and does
acknowledge said Instrument to be the free act and deed of said Corporation, and that
the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that
said Instrument was signed and sealed In behalf of said Corporation by authority of ItS
Board of Directors
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal
the day and year last above written
Notary Public for Oregon
CITY OF SPRINGFIELD
By
Dennis P Ernst - City Surveyor
STATE OF OREGON
COUNTY OF
} ss
BE IT REMEMBERED that on thiS day of , 200_before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named Dennis P Ernst whose Identity was proved to me on the
basIs of satisfactory eVIdence and who executed the within Instrument and
acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal
the day and year last above written
Notary Public for Oregon
Page 30f3
, .
pl<c-SUBMITIAl REC'O
ot.c 2 (; 2.007
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate)
I REFERENCE
DOCUMENTATION
I DECISION
I SUB2005-00012
I CONDITIONS(Sl
#9
IN CONSIDERATION of the covenants herein rectted, the City of Springfield, hereinafter
referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter
referred to as Applicant(s), do covenant, and agree With respect to the real property
described below as follows
1 Applicant(s) warrants and represents to the City of Springfield that It IS the owner of
the property more particularly described and set forth In Paragraph 7 below and, as
owner, has the authOrity to enter Into this Improvement Agreement With the City of
Springfield
2 Applicant(s) desires Development Approval from the City With respect to the follOWing
Development Application SUB2005-00012
3 The development Will cause both an Immediate and long-term demand on the various
public faCilities of City and Lane County Including the specific public Improvements
necessitated by the development as set forth In paragraph 6
4 This Improvement Agreement IS an altematlve to Imposing a condition on Applicant's
development approval that the Applicant make Immediate construction of any public
Improvement that the development necessitates The objective IS to promote
efficiency, coordination, and spread costs by proViding an opportunity for a district
Wide Improvement mechanism where construction occurs In a coordinated project
With the participation of adjacent and other properties In the area, Instead of reqUlrlrlg
Immediate tmprovement In conjunction With each development applicalion There IS
no guarantee, however, that such a coordinated project Will be pOSSible and the City
reserves the right to require construction of the Improvements In the future at City
discretion
5 (a) Applicant and City agree that Applicant Will pay the cost of the follOWing public
faCility Improvements deSCribed In Paragraph 6 In accordance With respeclive cost
assumption policy established by City at the time the City determines to undertake
and complete such public Improvements
(b) Applicant and City acknowledge and agree that the cost of such Improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned If the Improvements were
constructed Immediately or by Applicant now or later
(c) Applicant acknowledges that the timing of the construction of such Improvements
IS Within the sole and exclUSive direction of the City
6 (a) STREET IMPROVEMENTS along the frontage of Deadmond Ferry Road
to Include ~ surface paving, ~ storm sewers, ~ sanitary sewers, ~ curbs,
~ gutters, ~ planter stripS, ~ street trees, ~ street lights, ~ Sidewalks
(Bar Code Sticker)
AFTER RECORDING RETURN TO
CITY OF SPRtNGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
Page 1 of3
" 0
. .
(b) TRAFFIC SIGNALS at the Intersection of N/A
(c) OTHER IMPROVEMENTS N/A
Applicant acknowledges that the list of marked Improvements reflect those that would
currently be required under the appropriate City codes and ordmances Applicant
acknowledges that It understands that the Improvements made will be those required to
brmg the street to full urban standards for the then current functional classification of the
street as those standards eXist at the time the Improvements are made and may,
therefore, differ from the list of Improvements checked herem
7 LEGAL DESCRIPTION
The real property described as Lot 9 of RlverBend, Phase II, dated December XX, 2007
and recorded In Lane County on XX Month, 2008
8 City agrees that Applicant's execution and performance of the terms of the
Agreement will be deemed to be m compliance With City'S policy pertaining to
Improvement requirements, and If Applicant complies m every respect With all other
applicable laws of the State of Oregon, Lane County, and City, Applicant shall be
entitled to Development Approval, subject to the terms and conditions of approval set
forth therem
9 ThiS agreement IS enforceable by the State of Oregon, Lane County or City
10 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 AND TO WAIVE ALL RIGHT TO
REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any
right to protest the amount or manner of spreadmg the assessment thereof, If the same
shall appear to the Applicant to bear meqUltably or unfair upon said property of
Applicant Applicant's acceptance of the non-remonstrance condition IS In consideration
for the City's waiver of the requirement for the Immediate construction of the public
Improvements that the development necessitates ThiS Improvement agreement waives
the property owner's right to file a written remonstration It does not waive a property
owner's right to comment on the proposed district or any related matters orally or In
writing
11 It tS the mtentlon of the parties hereto that the covenants herein contained shall run
With the land herein described, and shall be bmdmg upon the heirs, executors, assigns,
administrators, and successors of the parttes hereto, and shall be construed to be a
benefit and a burden upon the property herem described ThiS Agreement shall be
recorded In the Lane County Deed Records
NOTICE TO APPLICANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospective purchaser of thiS property, you are adVised to
discuss thiS Agreement With an Attorney of your chOice Execution and recordation of
thiS Agreement will place requirements on the Owner and any subsequent purchaser of
the Real Property described In Section 7 and their heirs, successors and assigns
These requirements mclude but are not limited to the payment for the publiC
Improvements described In Section 6 ThiS may result m an assessment lien on the
Real Property descnbed m Section 7 and significant costs to the Owner and
Purchasers, and-their heirs, successors and assigns An Applicant's signature on thiS
Agreement Indicates that the Applicant has thoroughly read thiS Agreement,
understands It, has had the opportunity to consult legal counsel pnor to ItS execution,
and understands that execution of the Agreement may result In significant financial
obligations Imposed upon the Owner of the Real Property Any prospective Purchaser
of the property burdened by thiS Improvement Agreement should also thoroughly review
thiS Agreement, consult With legal counsel pnor to purchasmg the property, and
understand that thiS Agreement may result In a significant financial obligation Imposed
upon any Owner of the Real Property descnbed m Section 7
Page2of3
, .
WHEREFORE, the parties have hereunto set their hand this
day of , 20L-
(SEAL)
(TITLE)
(SEAL)
(TITLE)
STATE OF OREGON
COUNTY OF
} 55
BE IT REMEMBERED that on this day of ,200---.Jlefore
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named
whose Identity was proved to me on the baSIS of satisfactory eVidence and who by me
duly sworn, did say that Is/are the
of and does
acknowledge said Instrument to be the free act and deed of said Corporation, and that
the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that
said Instrument was signed and sealed In behalf of said Corporalion by authority of ItS
Board of Directors
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written
Notary Public for Oregon
CITY OF SPRINGFIELD
By
DenniS P Ernst - City Surveyor
STATE OF OREGON
COUNTY OF
} 55
BE IT REMEMBERED that on this day of ,200_before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named DenniS P Ernst whose Identity was proved to me on the
baSIS of satisfactory eVidence and who executed the within Instrument and
acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written
Notary Public for Oregon
Page3of3
:
PRE-SUBMITIAL REC'D
DEe 2 6 2007
DECLARATION OF ACCESS AND MAINTENANCE AGREEMENT
FOR PUBUC LANDSCAPE AREAS, PUBLIC ACCESSWAYS AND
PATHS, AND OPEN PUBLIC STORM DRAINAGE SYSTEMS
IN ORDER TO COMPLY WITH CONDITION 21,
CONDITIONS OF APPROVAL, RIVERBEND SUBDIVISION TENTATIVE PLAN
SUB 2005-00012, OF THE CITY OF SPRINGFIELD DATED MAY 10, 2005
1.
This Agreement IS entered Into between PeaceHealth, a Washington non-
profit corporation, Wtllamalane Park and Recreation Dlstnct, an Oregon
special dlstnct, and the City of Spnngfield, a municipal corporation of the
state of Oregon
"
2. This Agreement IS made to comply with Condition 21 of the Conditions of
Approval of RlverBend SubdivIsion Tentative Plan SUB 2005-00012 of the City
of Spnngfield, dated May 10, 2005 which provides as follows'
"Condition 21. Pnor to Final Plat approval, the applicant and the City shall
enter Into an agreement providing for the long-term access and maintenance
of the proposed public landscaping areas, public access ways and paths, and
open public storm drainage systems"
3 PeaceHealth, a Washington non-profit corporation, IS the owner of the real
property more particularly descnbed and set forth In Exhibit A, attached
hereto and Incorporated herein by reference The parties are entenng Into
thiS Agreement wtth reference to a Plat, a copy of which IS attached hereto
and Incorporated herein by reference as Exhibit B. Said Plat IS recorded as
follows
4 This Agreement IS entered Into In order to provide for the proVISion and
ongoing maintenance of landscaping, trails, associated trail and access way
Improvements, and open public storm drainage system necessary for the
RlverBend Project
5. The parties hereto have agreed to speCific responsibilities concerning the cost
for the Installation, construction, and maintenance of the landscaping and
trails and open public storm drainage systems Within the RlverBend Master
Plan area.
6 ' CONSIDERATION The conSideration for thiS Declaration of Access and
Maintenance Agreement IS the reCiprocal promises and responSibilities made
and accepted by each of the parties to thiS Agreement.
NOW THEREFORE, based on the foregOing ReCitals which are expressly made a part
of thiS Agreement the parties hereto agree to apportion the speCific responsibility
MAINTENANCE AND ACCESS AGREEMENT Page -1-
.'
for the cost of Installatton, construction, and maintenance of the landscaping, public
access ways and paths, and the open public storm drainage systems as follows'
1 Marttn Luther Kina f'MLK") and Cardinal Wav. west of MLK (See Exhibit B)
(
(a) City will retain ownership of MLK median nght-of-way and Cardinal Way
median nght-of-way, west of MLK,
(b) City will Install at City expense and maintain median trees, landscaping,
and Irrigation system.
2 MLK 30 foot Buffer LandscaDlnQ. (See Exhibit B)
(a) PeaceHealth will, at PeaceHealth's expense, Install and maintain street
trees, and maintain landscaping and Irrigation system City will maintain
street trees paid for and Installed by PeaceHealth but PeaceHealth has the
option to replace the trees wIth other trees satIsfactory to City
PeaceHealth will assume the replacement cost for trees Installed at
PeaceHealth's option,
(b) If street furniture or other appurtenances, for example, benches, trash
receptacles, par course equipment, etc , are paid for and Installed by
PeaceHealth, PeaceHealth will maintain these Unless arrangements are
made to the contrary, other appurtenances that may be paid for and
Installed by the City, Lane Transit Dlstnct, or Wlllamalane Park and
Recreation Dtstrlct, Wtll be maintained by the furnishing party.
3 MLK Multi-Use Trail. (See Exhibit B)
(a) In accordance with the requirements of Condition 27 of the SubdlVtSIOn
Tentative Land Use DecIsion (SUB 2005-00012), PeaceHealth shall
dedicate/reserve a minimum 25-foot public trail easement to the City
for public access through the SubdivIsion Such dedication/reservation
shall be desCribed on the Final SubdivIsion Plat or other Instrument
acceptable to the City
(b) City will maintain ownership of the MLK Multi-Use Trail PeaceHealth
will, at PeaceHealth expense, construct and Illuminate trail Such
construction and trail Illumination shall be Included In the Public
Improvement Plans (PIP), and bUilt to City standards and
speCifications
(c) Where necessary for public safety City will, at City expense, maintain
trail surface City wtll sweep trail
(d) If street furniture or other appurtenances, for example, benches, trash
receptacles, par course eqUipment, etc., are Installed by PeaceHealth,
PeaceHealth will maintain these Unless arrangements are made to
the contrary, other appurtenances that may be Installed by the City,
MAINTENANCE AND ACCESS AGREEMENT Page -2-
Lane Transit District, or Wlllamalane Park and Recreation District, Wtll
be maintained by the furnishing party
(e) City will own, maintain, and power the Illumination system
(f) PeaceHealth will be responsible for litter removal
4, Game Farm Road So Buffer, (See Exhibit B)
(a) PeaceHealth, at PeaceHealth's expense, will Install and maintain all
landscaping Including trees and the Irrrgatlon system PeaceHealth will
maintain all landscaping including trees and the Irrrgatlon system,
(b) If street furniture or other appurtenances, for example, benches, trash
receptacles, par course eqUipment, etc , are Installed by PeaceHealth,
PeaceHealth Will maintain these Unless arrangements are made to
the contrary, other appurtenances that may be Installed by the City,
Lane Transit District, or Wlllamalane Park and Recreation District, Will
be maintained by the furnishing party
(c) PeaceHealth Will be responsIble for all litter removal
5 Game Farm Road So Tra!1 (See Exhibit B)
(a) In accordance With the requirements of Conditions 28 and 29 of the
SubdiVIsion Tentative Land Use DeCISion (SUB 2005-00012),
PeaceHealth shall dedicate/reserve a 25-foot Wide public trail
easement to the City through the SubdiVISion Such
dedication/reservation shall be described on the Final SubdiVIsion Plat
or other Instrument acceptable to the City,
(b) PeaceHealth Will, at PeaceHealth's expense, construct and Illuminate
trail Such construction and trail Illumination shall be Included In the
Public Improvement Plans (PIP), and bUilt to City standards and
speCifications
(c) City Will maintain trail surface where necessary for public safety. City
Wtll sweep trail. City Will be responsible for locating funding for
trail/pavement preservation City Will own, maintain, and power the
Illumination system
6 Other Street Medlans-St ]oc;eoh's Place. RlverBend Drive. and Cardinal Way east
of MLK (See Exhibit B)
PeaceHealth, at PeaceHealth's expense, wtlllnstall street trees, and maintain
landscaping and Irrrgatton system City Will maintain the street trees, however,
PeaceHealth has the option to replace the trees. PeaceHealth Will assume the
replacement cost of the trees Installed at PeaceHealth's option
7. Other Street Parklno Stnos (See Exhibit B)
MAINTENANCE AND ACCESS AGREEMENT Page -3-
. J
PeaceHealth, at PeaceHealth's expense, will Install and maintain landscaping and
Irrigation system, City will maintain the street trees, however, PeaceHealth has
the option to replace the trees With other trees satisfactory to City PeaceHealth
will assume the replacement cost of the trees Installed at PeaceHealth's optton
8 RiversIde Trail, (See Exhibit B)
(a) In accordance With the requirements of Conditions 25 and 26 of the
SubdiVIsion Tentattve Plan Land Use DeCISion (SUB 2005-00012),
PeaceHealth shall dedicate/reserve a 25-foot Wide public trail
easement to Wlllamalane Park and Recreation District Such
dedication shall be described on the Final SubdiVIsion Plat, or other
Instrument approved by the deSignee of the dedication,
(b) PeaceHealth, at PeaceHealth's expense, Will construct river path With
Site Plan Improvements paid for by PeaceHealth, and Will do sweeping
of trail PeaceHealth Will be responsible for any correction of heaVing
caused by vegetation PeaceHealth will be responsible for removal of
all litter
(c) Except as specified In 8(b), WI llama lane Park and Recreation District
Will be responsible for the cost of surface maintenance and repairs and
Will accomplish such maintenance and repairs With assistance from the
City The payment of any funds by City to Wlllamalane IS subject to
the availability of City funding as determined In the total sole
unfettered discretion of the City of Springfield, Wlllamalane Park and
Recreation District Will do slurry seals City Will consider assisting
Wlllamalane Park and Recreation District With pavement preservation
as time and funding allows
(d) PeaceHealth Will construct Illumination system PeaceHealth Will
maintain Illumination system, Including installation and repair of light
standards and bulbs
(e) PeaceHealth Will maintain all landscaping, and Will be responstble for
hazard tree mitigation.
(f) PeaceHealth Will maintain all slgnage along trail
9. Meadow Accesswav (See Exhibit B)
(a) PeaceHealth, at PeaceHealth's expense, Will construct accessways With
site plan Improvements, Will maintain and repair accessway surfaces,
Will be responstble for sweeping and all litter removal. PeaceHealth
Will own, maintain, and power the Illumination system including
Installation and repair of light standards and bulbs. PeaceHealth Will
construct and maintain any slgnage along accessways
(b) City Will be responsible for electriCIty costs of Illuminating the Meadow
Accessway
MAINTENANCE AND ACCESS AGREEMENT Page -4-
10 Cardinal Way Accessw(jv. and Maole Wav Accesswav (See Exhibit B)
(a) Peace Health, at PeaceHealth's expense, will construct accessways with
site plan Improvements, will maintain and repair accessway surfaces,
will be responsible for sweeping and all litter removal Wlllamalane will
pay electnclty bills to power the Illumination system on these
accessways PeaceHealth will pay to Install and maintain light
standards and bulbs PeaceHealth Will construct and maintain any
slgnage along accessways
11. Mallard Accesswav (See Exhibit B)
(a) PeaceHealth, at PeaceHealth's expense, Will construct accessway as
part of SubdivIsion PIP PeaceHealth Will be responsible for litter
removal PeaceHealth wtlllnstall and repair light standards and bulbs
PeaceHealth Will construct and maintain any slgnage along accessway,
as approved In PIP, PeaceHealth or Its successors and assigns Will
maintain the accessway and lighting along the accessway,
(b) City Will maintain accessway surface where necessary for public safety,
City Will sweep trail City Will own, maintain, and pay for power to the
Illumination system
12 Stormwater Detention Pond, (See Exhibit B)
PeaceHealth, at PeaceHealth's expense, Wtll Install landscaping and Irrigation
systems at the stormwater detention pond The landscaping shall be Installed as
descnbed In the approved Public Improvement Plans, PeaceHealth Will maintain
all landscaping and Irrigation at the stormwater detention pond In a manner
conStstent with the City's Design and Procedures Manual.
13, Peroetual
This Agreement IS perpetual and shall run With the land and benefits and
burdens the real property deScribed herein and shall btnd all parties hereto and
their respective heirs, successors, and asstgns
14. Amendment
This document may not be amended or changed without the wntten consent of
all parties hereto.
PEACEHEALTH
By
~
~
Date
MAINTENANCE AND ACCESS AGREEMENT Page -5-
WILLAMALANE PARK AND RECREATION DISTRICT
L{ 10-1 0(..
Date
B;\2-..J'-s4. '-..J. \ L.J> c.. ~
\
CITY OF SPRINGFIELD
Lf ~ 1'6" -Or.-.
Date
By'
OaA. '-t'. ,/)t1fn-'~
, -
I'\- 1: t.. t- I {.. ~ I--{tt.... tt 'S"........
Rr'I'l''!1['' ' '-:;r"'OV'"D
(1 .' I~ 'V Ot ~~ r H !:
A3:~)1 q~~ L
--'::'O:>l':'I""' ~ ~~
I "'0 ''fj~JOb_----
II, I ,,,I I': r" IV,\f I URNI'Y
MAINTENANCE AND ACCESS AGREEMENT Page -6-
A PARCEL OF LAND LOCATED IN THE NORTHEAST AND SOUTHEAST QUARTERS OF
SECTION 22, THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 23, THE
SOUTHEAST QUARTER OF SECTION 15, AND THE SOUTHWEST QUARTER OF SECTION
14, ALL IN TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN, LANE
COUNTY, OREGON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHEAST CORNER OF THE WILLIAM M STEVENS DONATION
LAND CLAIM NO 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN,
THENCE NORTH 01'45'25" EAST 500 FEET TO AN ANGLE POINT IN THE CENTER LINE OF
DEADMOND FERRY ROAD (COUNTY ROAD NO 90), THENCE ALONG SAID CENTERLINE
OF DEADMOND FERRY ROAD (COUNTY ROAD NO 90) NORTH 42'36'13" EAST 160 FEET
TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO DONALD A AND
MELBA L McBROOM, RECORDED IN VOLUME 378, PAGE 289, LANE COUNTY OREGON
DEED RECORDS, THENCE CONTINUING ALONG SAID CENTERLINE NORTH 42'36'13"
EAST 79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS DESCRIBED IN THAT
CERTAIN WARRANTY DEED TO ARLIE & COMPANY, AN OREGON CORPORATION,
RECORDED OCTOBER 10, 2001 AS FEE NO 2001-D66909, LANE COUNTY OREGON DEED
RECORDS, THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY AND
EASTERLY BOUNDARIES OF SAID PARCEL THE FOLLOWING TWO(2} COURSES AND
DISTANCES
1) SOUTH 33'50'47" EAST 197 6 FEET, THENCE
2} NORTH 42'38'13" EAST 593 52 FEET, MORE OR LESS, TO THE MIDDLE OF SPRING
SLOUGH,
THENCE ALONG THE MIDDLE OF SAID SPRING SLOUGH THE FOLLOWING SIXTEEN(16)
COURSES AND DISTANCES
1} SOUTH 55'1T46" EAST 4686 FEET, THENCE
2} SOUTH 37"32'39" EAST 94 07 FEET, THENCE
3) SOUTH 46'04'03" EAST 113 61 FEET, THENCE
4) SOUTH 50'12'2T' EAST 82 30 FEET, THENCE
5) SOUTH 58'12'25" EAST 19 89 FEET, THENCE
6) NORTH 68'06'39" EAST 77 47 FEET, THENCE
7) NORTH 74'43'23" EAST 94 53 FEET, THENCE
8) NORTH 78'12'24" EAST 50 73 FEET, THENCE
9) NORTH 66'41'53" EAST 59 91 FEET, THENCE
10) SOUTH 74'14'51" EAST 82 62 FEET, THENCE
11) SOUTH 49'36'32" EAST 174 98 FEET, THENCE
12) SOUTH 19056'53" EAST 168 98 FEET, THENCE
13) SOUTH 35'50'09" EAST 202 46 FEET TO THE NORTHEAST CORNER OF BALDY VIEW
CONDOMINIUMS, RECORDED IN FILE 75, SLIDES 102-105, LANE COUNTY OREGON PLAT
RECORDS, THENCE
14) SOUTH 28'24'20" EAST 534 19 FEET ALONG THE LINE DESCRIBED IN THAT CERTAIN
BOUNDARY LINE AGREEMENT RECORDED ON REEL 840R, INSTRUMENT NO 77-18900,
lANE COUNTY OREGON DEED RECORDS TO THE SOUTHEAST CORNER OF SAID BALDY
VIEW CONDOMNIUMS, THENCE
15) SOUTH 42'03'32" EAST 50 64 FEET, THENCE _
16) SOUTH 29'21'12" EAST 377 40 FEET TO THE ORDINARY HIGH WATER LINE OF THE
McKENZIE RIVER AS SHOWN ON U S ARMY CORPS OF ENGINEERS MAP MK 1-1.17,
DATED MAY 2, 1947,
THENCE FOLLOWING SAID ORDINARY HIGH WATER LINE IN A SOUTHWESTERLY
DIRECTION 3075 73 FEET TO A POINT ON THE EASTERLY PROJECTION OF THE NORTH
LINE OF A TRACT OF LAND CONVEYED TO F G YOUNG BY DEED RECORDED IN
EXHIBIT A
PAGE 1 OF 3
I
VOLUME 73, PAGE 508, LANE COUNlY OREGON DEED RECORDS, BEARING SOUTH
43"28'37" WEST FROM THE LAST POINT,
THENCE NORTH 88"10'40" WEST 129 07 FEET ALONG SAID EASTERLY PROJECTION TO
THE NORTHEAST CORNER OF SAID F G YOUNG TRACT, THENCE CONTINUING ALONG
SAID NORTH LINE NORTH 88"10'40" WEST 967 44 FEET TO A POINT ON THE EASTERLY
MARGIN OF THE VACATED SOUTHERN PACIFIC RAilROAD RIGHT-OF-WAY, SAID POINT
BEING FURTHER DESCRIBED AS A POINT ON A 985 04 FOOT RADIUS CURVE TO THE
lEFT, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 69"08'11" WEST,
THENCE ALONG SAID EAST MARGIN LINE THE FOllOWING TWO(2) COURSES AND
DISTANCES
1) NORTHWESTERLY 330 41 FEET ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 19"13'08", WITH A LONG CHORD OF NORTH 30"28'23" WEST 328 87
FEET, THENCE
2) NORTH 40"04'57" WEST 229 02 FEET TO A POINT ON THE EAST MARGIN OF GAME
FARM ROAD (COUN1Y ROAD NO 3),
THENCE ALONG SAID EAST MARGIN LINE OF GAME FARM ROAD THE FOllOWING SIX(6)
COURSES AND DISTANCES
1) NORTH 01"49'36" WEST 123 21 FEET, THENCE
2) NORTH 87"39'55" WEST 5 01 FEET, THENCE
3) NORTH 01049'36" WEST 41558 FEET, THENCE
4) SOUTH 88"18'32" EAST 5 01 FEET, THENCE
5) NORTH 01"49'36" WEST 746 71 FEET, THENCE
6) NORTH 01"07'36" WEST 28 16 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND CONVEYED TO THE crN OF SPRINGFIELD IN THE DEED RECORDED
ON REEL 843, INSTRUMENT NO 77-22531, LANE COUNTY OREGON DEED RECORDS,
THENCE ALONG THE SOUTH, EAST AND NORTH LINES OF SAID CITY OF SPRINGFIELD
TRACT THE FOllOWING THREE(3) COURSES AND DISTANCES
1) SOUTH 88"16'40" EAST 42760 FEET, THENCE
2) NORTH 02"06'16" WEST 41160 FEET, THENCE
3) NORTH 88"16'40" WEST 42558 FEET TO A POINT ON SAID EAST MARGIN LINE OF
GAME FARM ROAD,
THENCE ALONG SAID EAST MARGIN LINE THE FOllOWING FOUR(4) COURSES AND
DISTANCES
1) NORTH 01"07'36" WEST 110 62 FEET, THENCE
2) NORTH 02"24'36" WEST 320 77 FEET, THENCE
3) SOUTH 87"34'37" EAST 5 02 FEET, THENCE
4) NORTH 02"24'36" WEST 122 68 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND CONVEYED TO PEACEHEAl TH, A WASHINGTON NON-PROFIT '
CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED
DECEMBER 31, 2001 AS FEE NO 2001-088572, LANE COUNTY OREGON DEED RECORDS,
THENCE ALONG THE NORTHERLY LINE OF SAID PEACEHEAl TH 1RACT THE FOllOWING
THREE(3) COURSES AND DISTANCES
'\
1) SOUTH 88013'23" EAST 347 59 FEET, THENCE
2) NORTH 01"56'33" EAST 65 02 FEET, THENCE
3) NORTH 01"54'03" EAST 156 20 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND CONVEYED TO PEACEHEAl TH, A WASHINGTON NON-PROFIT
EXHIBIT A
PAGE 2 OF 3
CORPORATION, DESCRIBED IN THE STATUTORY WARRANIY DEED RECORDED
DECEMBER 31, 2001 AS FEE NO 200HlBB570, LANE COUNIY OREGON DEED RECORDS,
THENCE ALONG THE WEST, NORTH AND EAST LINES OF SAID PEACEHEAL TH TRACT
THE FOLLOWING THREE(3) COURSES AND DISTANCES
1) NORTH 01046'43" EAST 277 06 FEET, THENCE
2) SOUTH BB016'40" EAST 170 27 FEET, THENCE
3) SOUTH 01041'36" WEST 277 23 FEET TO POINT ON THE NORTHERLY LINE OF SAID
PEACEHEAL TH TRACT DESCRIBED IN SAID STATUTORY WARRANIY DEED RECORDED
DECEMBER 31,2001 AS FEE NO 2001-OBB572, LANE COUNIY OREGON DEED RECORDS,
THENCE EASTERLY ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR(4) COURSES
AND DISTANCES
1) SOUTH SB013'23" EAST 137 31 FEET, THENCE
2) SOUTH 24056'24" EAST 654 70 FEET, THENCE
3) SOUTH BB016'40" EAST 992 70 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM
M STEVENS DONATION LAND CLAIM NO 46, THENCE
4) SOUTH 24052'35" EAST ALONG SAID EAST LINE 11049 FEET TO A POINT ON THE
WESTERLY PROJECTION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND
CONVEYED TO PEACEHEAL TH, A WASHINGTON NON.PROFIT CORPORATION,
DESCRIBED IN THE STATUTORY WARRANIY DEED RECORDED DECEMBER 31, 2001 AS
FEE NO 2001-0BB573, LANE COUNIY OREGON DEED RECORDS,
THENCE ALONG SAID PROJECTION AND THE NORTH LINE OF SAID PEACEHEAL TH
TRACT NORTH 67"17'31" EAST 41991 FEET TO AN ANGLE POINT IN THE WESTERLY LINE
OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEALTH, A WASHINGTON
NON-PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANIY DEED
RECORDED DECEMBER 31,2001 AS FEE NO 2001-OBB573, LANE COUNIY OREGON
DEED RECORDS,
THENCE ALONG THE WESTERLY LINE OF SAID PEACEHEAL TH TRACT THE FOLLOWING
EIGHT (B) COURSES AND DISTANCES
1) NORTH 6Bo03'45" EAST 2035 FEET, THENCE
2) NORTH 25057'14" WEST 174 70 FEET, THENCE
3) NORTH 33009'02" EAST 67 76 FEET, THENCE
4) NORTH 22025'42" WEST 10179 FEET, THENCE
5) NORTH 67017'51" EAST 190 B7 FEET, THENCE
6) NORTH 24052'35" WEST 150 24 FEET, THENCE
7) SOUTH 67018'25" WEST 689 72 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM
M STEVENS DONATION LAND CLAIM NO 46, THENCE
8) NORTH 24052'35" WEST ALONG SAID EAST LINE 627 21 FEET TO THE POINT OF
BEGINNING
EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING
BELOW THE ORDINARY HIGH WATER MARK OF SPRING SLOUGH, WHICH IS UNDER
OWNERSHIP OF THE STATE OF OREGON
EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING
BELOW THE ORDINARY HIGH WATER MARK OF THE McKENZIE RIVER, WHICH IS UND!:R
OWNERSHIP OF THE STATE OF OREGON
CONTAINING 6,BBO,B96 SQUARE FEET (157 964 ACRES), MORE OR LESS
EXHIBIT A
PAGE 3 OF 3
_u__~,....~, \\r-u-
\\:,
J\
I4TtMaa ~......... 11.2 ......~_
- - - - -; ~~"'ct:-'-
""""".....:: I" l~t~"""'--1f.""r-DlGL"-"<L....;c-:L
1.2 1:~~12 I~I ~'\
--- - '/-~ \ ~~:~\fiiT:?4f0f/!t3f MEADOW '"~-\ __.' _/_//
-~- - \ l~ :\:...,. ~";;.,~;:;:-~ /,,"3, _.._
GAMEFARMRtWlSO 1~'i _::\'_~~'O.-= 7->-/ _ \......
BUFFERANOMUlTl-USETlW. :~Ii "'~~~~rJ:t =~:~~ /L
' 1~.t: , 1~ -I \\ .....1~
' ;'.4:{ == MEAOOW \\~>>..;:'~_
' 'l~' ~q N:<1'.SSWAY' <,-.,.-:;;:.,.-_ (j
- - r.~--;u.WAY ----! ~.. 2 )';:'1 '~~ ......1~~~~ r
- - -, ~-............ 51 I:~-! MLKXI'BUFFER ""...._-tf-
~..~ -~ ~~' ''-J OOMLA.THJSETIV.L ;' w)..~;/ \
~~- ~~::;.,: ~I '--I h-/~
~ :$..... ~<t~~, ~ CARDINALWAV ~/~
,.- ',- ;; - --; I CONSERVATION j7
" I '-.I I .: EA5EIENT NY ~ II
-----.r':: ~Ll-. j" .;.,. f
" \... _/ -- , II, 1RAIl
~..:- ~ h_~" \ [II
~~~_../ \.'...-----~.~-_..fg
i j -, ;-;:" 1\\
*-1 II ~_:. \)
I u l~-
, \ I /<'" '~\ \
,.-- p- (-'.
':"Vj 10fV_ 'iDl' ~ ~.::.._
II
Iii
III'
'I
~I/
"
--------
,
,'" .
'\ \. I' ~
, " ./-
y;','"
'<\
,
I~
,~I
I.
.J
,
,
r
I
"
,
~~
-I
,
I I
--_J
"""""."'-
----,
MAWJU>
N:<1'.SSW.Y
I
II
I
.
~'
~
,..
;1
""-"."'-
I
':
EXHIBIT B
RIVERBENO MASTER
PlANAREA
\
/
eEl """""'AU-'S
LANOSCAPE/TRAIL
MAINTENANCE AGREEMENT
MARCH 10, 2006
NORTH
~
SCALE
ft ".._
'o;o<-""'u'
F
PRE.SUBMITI:\l REC'D
DEe 2. 6 2007
Insert document
Reservation Document for Public Trail Easement (Lot 9)
SUB2005-00012 - #26
KPFF to provide this document pnor to Submittal to the City
j
PRE-SUBMITTAl REC'D
DEe 2 6 2007
Insert document
DedIcation Document for 30-foot Public Trail Easement
(Off sIte Parcel 1)
SUB2005-00012 - #29
KPFF to provide thIs document pnor to Submittal to the City
PRE.SU6MiITAl REC'O
us BancorpTower, IIISW5thAvenue, SUIte 2500 DEe 2 6 Z007
Pori/and, OR 97204 (503) 227.3251 FAX (503) 274-4681
ConsulllngEnglneers
DATE.
TO
CC
FROM
RE
M E M 0 RAN DUM
February 20, 2007
Linda Pauly
Carole Knapel, Philip Farrington
Andrew Haliburton
SUB 2005-00012. CONDITION #32
Peace Health SubdivIsion Tentative Plan for RlverBend,
Sanitary Sewer Laterals Serving Lot 8
PROJECT NO 301140
Condition #32 of SUB2005-00012 states
ConditIon 32 Pnor to recordmg the final plat. the applIcant shall provIde the CIty WIth a memorandum whIch states
the maximum peak flow rate allowed to each samtary lateral servmg Lot 8 At the tIme of development for Lot 8, If
the flow rate mcreases to any of the laterals over the values stated, an evaluatIon of the downstream system capacIty
and/or reroutmg of on-sIte flows to alternate laterals may be reqwred
ThiS memorandum serves to confirm that the peak deSign flow rates for each lateral serving Lot 8 are as
follows
Sanitary Sewer Laterals Serving Lot 8
Lateral RlverBend Station (As BUilt) Lateral Peak deSign flow rate
Constructed
5HMC-1 Opposite Cardinal Way (5TA 22+12) 15" PVC o 71 cfs
SHMC-2 Main Entrance (ST A 25+98) 12" PVC o 48 cIs
5HMC-3 North Enlrance (5T A 31 +95) 10"PVC o 76 cIs
ThiS data IS extracted from the memorandum dated October 20, 2006, Included In the Sanitary Sewer Study for
RlverBend SubdiVIsion, Spnngfield, Oregon, With updates through 10/20106
Page 1 01 1
;
---~...._~~
~ .. -
IIJIJ..
CITY OF SPRINGFIELD'
Building/Combination Permit
.......".".D.
."..--.
.,..
Status
Issued
DEe - - 2007
PERMIT NO
ISSUED:
APPLIED:
EXPIRES'
VALUE:
CO M2007 -00894
07/11/2007
06/18/2007
0111112008
225 Fifth Slreel, Sprmgfield, OR
541-726-3753 Phone
541-726-3676 Fax
541-726-3769 I nspcchon Lmc
SI fE ADDRES& 353 DEADMOND FERRY RD
ASSESSOR'S PARCEL NO 1703154002200
~plmgficld
fYPl. 01- WORK I'llImbmg Only
fYPE 01- USl Allemhon
Resldenhal
PROJECT DESCRIPTION Connccllo Saml3lY
Owner PEACEHEALTH
Address PO BOX 1479
EUGENE OR 97440
l,~.~~TR~CTOR IN~ORMATI.?I'! ~
Contractor Type
Plumbing
Conti actor
EMERALD EXCAVATING INC
License
14173
Exph atlOn Date
07/1412008
Phone
541.345.1505
I..~!!!.I:,~~N.G I~,F~.~~~"!:,~~~.'
# of Unlls
Pnmary Occupancy Group
~econdary Occupancy Group
Pnmary Construchon Type
Seconda.) Consh uchon Type
# of Bed. ooms
# of StOIlCS
Height of Slructul c
Type at Hcat
Waler Type
Rangc Type
Encrgy Palh
Spllnkled Bulldlllg
Lot SI7e
Sq 1'1 ! sl 1'1001
Sq Ft 2nd Floor
Sq 1'1 Ba<ement
Sq Ft Gal age/Carpal I
Sq Ft Olher
Occupnnt LOlld
u/a
FlOnlya,,1 Setback'
Side 1 Selback
SIde 2 Setback
Rearyal d Selback'
So!al Setbacks'
I DEVELOPMEIII+.i.ll1,FDRMATION \
.. , "",c,_ ,i'III.'il" ' ", I, , ' REQUIRED I' RKI G
follow rutes ad'" "yon aw 'equlres you to cAN
OVCI~' cM!P.atlon Cen;:::teTh by the Oregon l1Il!ltt1
# Stre ll~i?s~Oj.ooi 0 t~se rules are sel NHiW,capped
P., c ~,1:c IUtdmay Obtain c~ou9h OAR 952-Ql9\1lPllCt
% of Ldt'\!!oW~center (Notet~ of the rules by
nUmber fer the Oregon ~lIIIt e ~~e/ephone
('M.__ . . . Y'JO'Hloatlr-
I PUBLIC IMPRO~~MENTS'I' vvv-""~'2344), ,J
Sldcwalk Typc.
Sh eellniproreC'~ls
Storm Sewef'''''l!WM!r SH
Speclallnstr,urfWIZED All EXPIRE IF THE WORK
dl'1M~" UNDER THIS PERMI~/!:
Notes' \ ~11lfR It'fJiltAA"8lllDJI~l)m~ I !t'r~~,CC to e"'(lUg '(lib out,
. (l DAY PFB/Dn U OR
I. y'~I~~t.!.?.~"~~s~n9!~~,':1.1
$ Per Sq 1'1 Square FOOldgc
or multlphcl 01 BI(I Amount
Dowuspouts/DI ams
DesellPtlon
I vpe of ConstruClrOU
Value
Dille Calculated
PII2e 1 of3
~
o
I
.._...n
Status
Issued
225 FIfth Sh eet, Spllngfield, OR
541-726-3753 Phone
541-726-3676 F.x
541.726-3769Inspechon LlUe
Fcc DesclIPhon
+ 10% AdmmlSh.hve Fee
+ 5% Technology Fee
+ 8% State SUI charge
Plan RevIew PlulUbmg (30%)
SaIllta.y Sewel - 1st 50 Feet
SaUltary Sewel - Improvement
SaUltary Sewer - Re.mbulSement
SaUltary Sewer Each AddtllOO'
SDC MWMC AdmmlStr.hon
SDC MWMC Imp. ovemen!
SDC MWMC Relmblllsement
SDC S'U1tary/Stol m Admm
Total Amount Paid
Public WOI ks RevlCW
CITY OF SPRINGFIELD
Building/Combination Permit
PERMIT NO
ISSUED:
APPLIED:
EXPIRES:
VALUE.
COM2007-00894
07/llI2007
06/18/2007
o 1I1l!2008
Tolal Value of Project
.fi'Pp<. pq~
Amonnt Paid
Date Paid
Receipt Number
$730
$365
$584
$2190
$45 00
$435 39
$572 58
$28 00
$10 00
$961 52
$9161
$10356
7fllf07
7/11/07
7/11/07
7/11107
7/11/07
7/11107
7/1If07
7/11/07
7/11/07
7/11/07
7/11107
7/H/07
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
2200700000000001112
$2,286 35
I Plan RevIews I
06/25/2007
06/25/2007
APP TSS
Abandon Septic and connect new
samtnl y servIce to eXlstmg stub out
To Request an mspection call the 24 hour recordmg at 726-3769 All inspectIOns requested before 7'00
a,m. will be made the same workmg day, mspectlOns I equested after 7:00 a.m. WIll be made the following
work day,
l.. .Rp.f1ulred Insnec.tions I
SaUltary Sewe, Lme Pllor to filhng trench .nd mcludmg requlled teshng
FIU.I Plumbmg: When all plumbmg work IS Complete,
P.ee 2 of 3
)
CITY OF SPRINvf<u,LD .
Building/Combination Permit
......-...---.
. I; ,.
Status
Issued
PERMIT NO: COM2007-00894
ISSUED 07/II/2007
APPLIED: 06/18/2007
EXPIRES: 0I!11/2008
VALUE,
225 Fifth Slreet, Spllngfield, OR
541-726-3753 Phone
541-726-3676 Fax
541-726-3769Inspechon LlIle
By slgnatlll e, I state alld agree, that 1 have car efully examlDed the completed apphcatlOn and do hel eby certify that all
mformatlOn hClcon IS tr ue and COI reet, and J fut thel eel hfy that any and all WOr k pel fOI med shall be done In accordance with
tbe O. dlDances of the City of Sp'lDgfield and the Laws of the State of Oregou pel tallllDg to the WOI k descnbed herem, and
that NO OCCUPANCY Will be made of any StlllCtur e wlthont permissIon of the Commllnlty Sel VlCCS DIVIsIon, BlIlldlDg Safety
I fur thel celllfy that only conll actors and cmployees who al e ID comphance Wllh ORS 701 005 Will be used on tillS pi oJect I
fUI tllel ag. ee to ensure that all reqlllred ,"spectlOns ale requested at the p.opel lime, that each add. ess IS . eadable from the
street, that the pel mlt cal d IS located at the fl ont of the pi opel ty, and the app' oved set of plalls will. elnalll on the SIte at all
times dUlIng consh Dehon.
Ownel 01 Conti actors SlgnatUl e
Date
Paee 3 of 3
225 F,fth StJ eet
Spl mgfield, Oregon 97477
541-726-3759 Phone
City of Sprmgfleld OffiCIal Recclpt
Developmcnt ServIces Department
Public Works Department
Job/JoUl OAI Numbcl
COM2007-00894
COM2007.00894
COM2007 -00894
COM2007.00894
COM2007-00894
COM2007-00894
COM2007.00894
COM2007.00894
COM2007-00894
COM2007-00894
COM2007-00894
COM2007-00894
Payments'
Type of Payment
Cred I tCard
cRcccmll
RECEIPT #.
2200700000000001112
Date: 07/11/2007
DeSCription
SanItary Sewel - J 51 50 feel
Sallltary Sewer Cach Addll 100'
+ 5% Technology ree
+ 8% State Surchalge
+ 10% Admllllstratlve I ee
Plan ReView Plumbmg (30%)
Samtary Scwel - ReImbursement
Sanitary Sewer - Improvement
SDC MWMC Reimbursement
SDC MWMC Improvement
SDC MWMC Admllllstrallon
SDC Sallllary/Storm Admm
Paid By
CHIP MOULDS
Item Total
Check Number AuthOrization
Received By Batch Number Number How Received
Ikw 098306 In Person
Payment Total
Page I of I
II 04 52AM
Amount Due
4500
2800
365
584
730
2\ 90
572 58
43539
91 6\
961 52
\000
10356
$2,286 35
Amount Paid
$2,286 35
$2,286 35
7/1t/2007
Fees Associated With 7/10/2007
Case #: C,OM2007-00894 84507AM
353 DEADMOND
541-726.3753 Phone PEACE-HEAL 'PH-
541 -726.3676 Fax
fl.ms Revenue Date Calculated Onglnal Amoullt
()CSCII)ltlon Code Account Numbcl Calculated By Amount Due
Samlary Sewel - 1st 50 fect 1005 224-00000-42)603 6/18/2007 LKW 4500 4500
Samtary Sewer caeh Addtl 100' 1005 224-00000.425603 6118/2007 LKW 2800 2800
+ )% Technology rce 2099 100.00000-425605 6/18/2007 LKW 365 165
I- 8% State SUlchalgc 1099 821-00000.215004 6/18/2007 LKW ) 84 584
+ 10% AdllUnIsttatJ.vc l~ec t098 224-00000-426605 6/18/2007 LKW 710 730
Plal1 RevlCw Plumbll1g (30%) 1086 224-00000-425603 611812007 LKW 2190 2190
SamtalY SCWCl - ReJrnb1l15emcnt 1183 442-00000-448024 6/25/2007 rss 572 58 572 58
Sal1ltary Sewcl - Impro\<cltlcnt tl84 443-00000.448025 6/25/2007 TSS 435 39 435 39
SDC MWMC Rellnburselllent 1186 444-00000-448024 6/25/2007 ISS 9161 9161
SDC MWMC Improvement 1187 445.00000-448025 6/25/2007 I~S 96152 961 52
SDC MWMC Adllllmstralion 1189 611-00000-426604 6/25/2007 lSS 1000 10 00
SDC Samlary/Storm Adlllll1 1190 719-00000-426604 6/25/2007 TSS 10356 10356
lotal Dlle $2,286 3S
s ITldemarklfOlmslcasefeesl rpt
Page I of I
DEADMOND FERRY ROAD
EXISTI~~ ~A~1TARY SEW~~ LATERAL ~~-
.0
- \
I
/
NEW 4" SANITARY SERVICE ~
)
/' APROXIMATELY
CLEAN OUT, TYPICAL ~ 1fO'
, ,:, ~ r-'!:r uMOND i
H f' <'1 f\Ol\D ;
,
I
It- '
"'- ABANDON EXISTING
I - - SEPTIC TANK
!
,
<--
u
SANITARY SEWER CONNECTION
NOT TO SCALE
5/30/2007
OWNER PEACEHEAL TH
ADDRESS 353 DEADMOND FERRY ROAD
17-03-22 TL 2200
- _. ~ - ~ _. ~ ~ M ~_ ~~ _
. -- -' --
,\ ,1,3,
_H_ _ _
_ SMH 001
0" R'I'" -4"3.7 ,Q2',: - .f.t(J __"
",111-'" Depth 16
,,~cj:>r"G-f' 1-=8.;l.3 __''''_, _, __
----' r r5 -=- , -- = ,:,~ ,,--:.. =.. ~ - - , - ,
1) , --
-r G
f 6 ~ ~- . 'r
t2J u- 'r...::.~ ~,.-?- /
~()2
'"
r', "-
,'~
,
"
,
,
"
~-~,-
"'. : "-
, \ '"
:.. ~ " "-
I',,, ~
,,~-
"
'(
(
--'-.::
"\
-- -~-
---- -
,:~- - .gM1:i.~ 002.. ".."
Rim 4~8 !3:S:"-~;- ,,-
" ,- -, (),>Plh, .,J __,. 0"
u,___ -PrG-j_L~873 ~:~--- 50-7/:,--."
1~'~--- ~f~-'_n'~ -~_=..-=-~--:..~=..=..=-=-
, T \~i,:,i' '< ~',! ~'J I d <~l~D~~L
- -- -- --- \)",,~ '\2~lm "'8
' ',- -'--15----' 1"'1 ;c''9'~--' ,--", .~
'r~-"~_r --, - --. t>-"~"""'-""'_=c"- -0 ' h '
- - - - - - ~ - - ~"::. -:_-v_ jv::.-:_ - _ - - ~~t- - - - -Er'~\u-.C
g l;g '(if"' -~ - -1- 'S08 ,,o-j "'\
+ I,' I'''''' I
"l 0 '...) I~ I ;1
, J 10 I I ; I
I j L r-) ,t
I I . r"-' I
:1 J L:r__ I I
" ,
I'i
<;2 C'
-'- - - - --
---- - -
- ----
--------
..,.. - - --
------
/
',,-
,
"'
co
"t"
o
"\
,
, ,
'-..,..- "
~ ",~---
,,"" " "-
'\. ' I.......
./ ",", '" "",- 1
/" '" ',"'\, " I
'" " ~
"\ '....,' ,I
, '0, "-
"- "'.'J'
'~ '1 ~ J
, -
I "-,
. ' ,
\. '\ / "-, x"" J " ,
'" '\ } r '," ,..t'i "" '
" '\ \ \! ~ \..,,"::.:~ "-.. "-", ,,'"
, \ \ \ \" ", '.-.,,' ~ "
, , \ , ~tj-= \ 7 , "
,~- ) \ \ \ "\. ~ '- ~ ,,"
\ \" ", "-... 'r \
\ '\ ~', ..........., '" \ !
" ",........, .....,... '-. ,'!
,," '" ""J I
, '-, ',,- '-, ,
....... " , -- /
"
"
., 1
)! ~-
"
"
,
i 'I
",
",
"
"
",
, "
"
, "
1
,
,
I
'"
http /lspmtranetlmg_sew_dwf/D02 dwf
400
/4)'> pvc
:.""I~'
-crr-
'"
T
>( 1_,-, t
"
"-
,
,
"
-',
x /:? -: I
--..~--~ ]
~-/ ~i "-
,/ ,1, II'
Y:1
"
'-
"
~',
"
"
,
,
.,
'\
'>
\,
'1
-JfT~'
-- ,j\
\ "
J ..."'.....
"
"--.,
"
'-,
,
\-......
"
,
"
\
r---'
,
l
,
,
',,-
"'---,
'\
'-
,
"
"
\
Page 1 ofl
---~----
...; --;v"
-"'7' '-
~
\
./
,
1
- -,I
r~ I ,
I )_,
'I ,,\L
\
,
'../~ , '\ (
\ \ (
'r,A~'(
r :;,.h..~(,
,~ (\
) {{] I _ 1 '
~ \
l
1- ,
L (',;
- \~I
{ I
'f r
'''-1
I (" :'--\.
L J.. --1- '~:-Jl
~ -1 -- -" I r\.
\ ' ' )
'i I.'
'-'\ Ie
"\ I(
") ,f
"I
I I... 4?9
I
\- - ''::1 _ '-' ~
.' '-
, "
)
)
\
,-
, \
1....- '(
j,",
" '...... (
j \ "'\
- (,
\ \
\ ",
)i L
\ \, 9'
',0
',,- \
"'"'iv
\:' I
L~,
"';
'-\..
'-'
,
-,
\
)
I
/
6/25/2007
;Y"< I-/~ ~:)
'u ,',() ~~~
-:L" "
~() G (~~
,U~\ '
P\~ ,';'
~
00
\D ~ <
o '
Ul
(J'I,
~: 1
J>O '"
o :j'j' I'
, .
. , .
.
d. .
,
. I
.
, .
.
..p.. . '
:''1:/ '
,'~': I~
'J" ...
, I
, , 'Y
to '" : \'::J '
o~ ..... tr1
o 'oJ' :.:Do ....
):>0 U]. ~,;JiIl': ....
() ::....
. ", , .....
,01.
<-1
SOUTH 25 ' "",fI' .
, 0 I ,......... ....
. ' q, "
r ~ 2300 '" ~:'~ :::
~~.4' ~~~~TJ:L._",,?l5k.2.:~5 AC.~' ,1:, ,
, 274,2~~-' ""~- ~-,;,:-",zz'-:'~"('ir., .
",~ ~'~AJ
:J.... 0'" 1:-. I'
! ~ -...J '" .~fFfg ,
~ ~ ~~,
j,~ 0 (J'I I ...
,.,,',t" )> \D:~ ,
l>~ 0001'
~ :l 0 ~ '!OdTJ '
1 ., hi
1 ~
: .~ r~~. ~
L ',. )~OR,TkL-:: ,,~7 4.2' : l' ,
,,' :,' ,
"00 21 00 '~::;~ ~,J I'
H (J) 0 51 AC :2,~ -",.....-'" ~ ;J
,:~. . ~'i.oC}....."... (r, . , r .
~,_ l"~...."'" ' u "
.
250'
SOUTH
. .
,
z
00
\D
o
lJl
(]\......
, '-J
fTI U1
,
I
o
00
Ii,)
..p..:
, ' .
Ii,)
W
lJl
~
, ,
CITY OF SPRINGFIELD SYSTEMS DEVELOPMENT WORKSHEET
JOURNAL OR JOB NUMBCR
NAME OR COMPANY
LOCATION
IAXLOI NUMBCR
DEveLOPMENf Iype
NCW DWLLUNG UNI I S
I STORM DRAINAGE
COM2007.00S94
Peace lIcalth
353 Dcadmond rc\.rv ROdd
17-03.15-40-02200
SINGLE FAMlI Y ReSIDLNCe
I BUILDtNG sIze (sr 1841
LOT SILe (Sf)
46609 2
DIRLCTRUNOrF IOcny SIORM SYSlhM
I IMPERVIOUS sri CO~T peR S I' CHARGE
I 000 I $0136 I ; I $0 00 1
RUNon ROUThD ro DRYWLLL DESIGNf D AND CONSTRUCl eo TO UTY S I ANDARDS
I IMPI:.RV]OUS S I' I ' I _COST PER sri 'I DISCOUNl RAle 1 1
I 0 00 1 $0 336 I 50% I I
ITEM I TOTAL - STORM DRAINAGE SDC $000
2 SAN) rARY %WFR . (:i-rV--"T"-~
DISCOUN f
$000
$000
A RClMBURseMENT COST
I NUMBeR OF Dru's I
I 22 I
,
COST PER DFU
$26 03
$572 58
B IMPRoveMENT COST
I NUMBER OF Dru's I '
I 22 $t979
ITEM 2 TOTAL - CITY SANITARY SEWER SDC
$43539
; I
$1,00798
3 TRANSPORTATION
A RetMBuRSEMEN f cas I
I ADTTRIP RATf. I ,
I 957 I
B IMPROVEMI:NTCOSf
I ADTlRIPRATC I
I 957 1
I NUMBER 01 UNITS I , 1
I 0 I I
COSfPCRTR[P I, INEW1RlnAcroRI
$19 St I I tOO I - ,
$000
1 NUMBCR or UNIT~ I , I
I 0 I I
; I
,
COsrPER IRIP ,INEW1RIPIACIORI
$S719 I I 00 1
$000
$000
ITEM 3 TOTAL - TRANSPORTATION SDC
____n.._,_,.,u_..",
"4 SANITARY SEWf,R. MWMC
A RI:.IMBURSEMENI COST
INUMBER or rru's 1 , ICOST PCR rEU
I I I I $9t 61
B IMPROVEMeNT COST
/NUMBCR OF Feu's I
I I
;
$9161
,
ICO~ f PLR 1 ru
I $96t 52
; ,
= ,
= I
$961 52
$000
MWMC CREDIT IF APPUCABLL (SIT RcvLRSq
MWMC ADMIN]STRA TIVC ree
ITEM 4 TOTAL - MWMC SANITARY SEWER SDC
r/)
tl.l
(::)
o
u
<>::
tl.l
I-<
r/)
o
tl.l
<>::
1[070
1091
1092
,I
I
11093
I
11094
I
ill054
. 105'
I 1054
$1000 I 10\6
II
.._._1
103 56 1079
I
$000 [1078
I
=1 $2,174,67 I
I
;1
$],Q63 ]3
SUBTOTAL (ADD ITEMS 1,2,3, & 4)
5 ADMINISTRATIVI-.I EE
I SUBTOTAL I, I ADM ree RATe 1=
I $2.071 Jl I I 5% I
TOTAL SANITARY ADMIN]Sl RA lION FEE
TOTAL TRANSPORTATION ADM]N1STRATtON FEe
= I
$2,071 Jl
- CHARGE
$t 0356
Todd Singleton
PRLPARrD BY
6/25/2007
TOTAL SDC CHARGES
DAlf:.
lknMdt4 DRAIN SAVERS
Septic & Dram Cleaning
214C Pnmrose 5t
EUGENE, OREGON 97402
(541) 688--6018 998-1383 72ft-nn
PRE-SUSMiITAl REC'O
DEe 2 6 Z007
FA7\)
, CIJST~
NJ..Mf
,~ > - t ffii~
~ PHONE
L3~J__l~S
I C TF~ (0(2:019. 2_ __
".
cr
, .
cr.
t)
'"
C'J
-,'
10
.. ~
1J1
~,
a~~}!:
- ~"1~
n C7eo
1 01'- ~
~
I-
m
I
,
,
~ _ _w I
,
,
,
w_ -1-
,
,
___..I
,
~
" ,
~ __J
,
,
I
,-
,
,
I
I
I
I
,
,
,
,
-,
I
,
,
,
,
,
,
,
PRICE
~ __ - __ - __h _ __
--~ .'
~ J ~J!t
. -zjl) X_~
- ----:~
~'
- ~ - - -
~:.
TAX
REC0~c-B\ -----
'-
TOTAL
).3'-1
IW 11,:W!1(' wrj r":l Jl/IP'lj}OL}(f<.: r\l\r...1 tlr' .olr-t f"ltflv.lnll~lj 11:t Ihl'" hIll
AMOUNT
J
J
.
J
I
J
J
,
,
,
,
,
,
I
,
,
,
J
-L-_~_ __ _
: ot!
./
32762
{---
I-I To 1'\801OOr
CJnank'You
t1i
fTl
Z
~
~
fTl
-1
-1
vi
t:1
Al
I.--
H
Z
L,j
~
jj
o
lq
-u
J;
GI
fTl
e;;,
I-
f'
,
"
,
J,~' 1$'2006 15 47 4256493824
~G.l2'20Q5 11 02 4266!93621
PEACE ~EALTH
PE^Ct HMLTH
#3165 P 001/006
n114 P,OOI/OO)
PRE.SUBMIIT4l REC'D
DEe 2 6 2007
ESCROW AGREEMIiNT
ThIS agreement IS made em June .2Z, 2005 between UnIon Sank of Ceflrornla, Sealife
Branch, TrfJstee, a natfonal bank referred to a5 "Trustel!'," f'eaceHea/rh d,b,l!I, Sacred
Heart. Pe~t;Q Harbor, PHMG raf'errad to as 'PeacIilHealtl1, · and the City Of Sprin;fleld,
Oregon, a municipal corporatIon orglln/zed and exlstfng under !:he Jews of the Stare or
OregOl) referred 1:0 66 "CI/:f"
Rl!ClTAJ.S
A. PuriUilJ'lt 1:0 1;/'113 Notice Qf Declslon d~ May 10, ~OS for the RJvLlrSend
Subdlvts/aIJ TentatJ\Ie PIlIn (the "ApI'f'OV21', Con~ltllll') #66 rs'11J'~ COl'lrfJnmlnce WIth
wha~ Is generallv known as fijyerSend Master pran CondItion #5. These condlf:lons
require f'sacaHe.alth to perfarm te~ln rlparlan area restomJon and ennllnf:emerrt
landscaping on subdMsJon Lot5 t and 9 (the ft1mprovcmentG"), TI1e esbrJ1.al:ed cost for
such Improvement.llls $U5,000,00. The purpose or thIs Agreement IS ltJ establish IJ
mec/1Bnlsm In provide security for f'eaceHealth's performance of the foregoing
obllgatfonln t/le event. that pear:e11e~lth falls to construct the lmprovementr;.
e, The City and peaceHealth have determIned that Peat:eHealr:l'1 may
substll1/f;e SIilCUrfty that Is satlsfflcr:ory to the City for performElnce of PellceHeal~'5
oblfgatJon,
C. PellceHeafttJ and City ~ave agreed tfJat ~ llS,OOO.OO may be ~e'd by the
Trustee pursuant I:D !:he !;arms or thiS agreement, In Ilel-l oflmmedlare performance.
D. In conSlderal:lon of the mattern descrtbed llbOYe, tM mutual Ct'lvanl!l1tS
l;On~ned In thll!i dOCl~ment, and other good Bnd Yil/l-lllble conslderat.lon, the reclllpl: ana
sufficfency of wh'/:h Bre Il~knowreclge~ here, Trustee, PeaceHealtlJ ilnd Cil.y agree 115
fonl:lWs:
AaRJ!l!Ml!NT
1, Agreem~. PeaceJ-jealth Ilssfg,.,s the rlght to thB CIty, at Its c!fscretlon, Ie direct
the Trustee to pay or MmSfer funds or tlecurltle! heir:! by TrlJstee In an amount not to
exceed q;115,OOO.DO in accpunl: number 4113'\'714-01 as prOl/fded In Sectlon 2,3 berow,
All earnings on saId funds s~a" ElQ;r\Je to PeaceHealt:l1,
2. Twstee's OblfClI.lf:llm5,
2.1 Trustee represents and lIgraes that there are funds/n excess of
$115,000,00 In that. eccount and t.nat ~1 j.5,Ooo.OO Ilhlll/ remain unenJ:lJm~red In
P~ge ), . F-5CROW AGltEl:MeNT '
.'JUo..-'''lC617Hnl I
,
i
J~ 11'2006 15 47 4256491824
AUG,12'200& 11-~1 4256491824
PEPCE rlEALTH
PoliCE H~I\~rfl
#1165 P 002/006
.21lA P. 002/003
!:he account dj,lrl"g !:he term of tills 6greemenl:.
2.2 n I~ JJnderstoQd that the Trustee will hold such fund' In the 3mount of
t<115,DOO.OO until an eutl1orlZllJiOI'l or d/reetlof'l for payment Is ret:elved from the
CIty. Trt./stee CI:1rt.1fies and agrees t:hat these fllnds will not be released wlth01Jl:
wrItten lnstrucl:lon from the CIty.
2,3 Trustee f/Jrtfter agrees that $115/000.00 filhall be Pilla to the Cfty W1t/iln
ten (10) days of receMns written notl~ from the CIty, ~uted by the ~
Manager or by Carole Knape" C1~ of Springfield Proj~ Manager, Rlvera8nd
PrGjecr, "nO' accompanIed by approprlat.e written documf/mtatf/JTI, certilYlng that
$11 S,OOO,OO Is needed for private Improvemel'ltS proposed and approved
consIstent with the ApprOYllIs because PeacaH$Illth, ItS SUet"""...,.. or "55'gnS
have faIled to l;onmct th~ Improvements In compl'an~ wlt:l1 thEl ApProval5, It
bfllng understDoQ' t/tat S1Jm certlfi<:atrot1 s/lal/ net determine whether
Peacefieall:l1 has III !'act !lO eomplled. The Trustee Sh/lfl hi!Na no duty or rlllht to
evaluate the oorrecl:nm or appropliatensss of any notIce or determlrtaf;fr;m by
the City, ",,0' shall not fntllrpfeltd or, In any m~ner, delay piilyment of sllrd funds
ro J:he Oty.
2.4 The notice descrloen In &lctlon 2.3 shall no!: impair eny of Pel!lCeH~lth'~
rlgh~ In olnnCl;tlon wltn t~e Approvals, It being understood that me truslml's
o"'lg!!tions to the Of:\' under this Agrcement ere IntllMed b;1 be InQ~ndern: '
/hereof, end /hilt the Approval5 shell govern tI'le relal:fonshlp l3etween
peaceHealt1, and the City.
3, Irravo!:able. 60th the Tn.rSllle I!Ind peaceHealth agree liIat tl1Js assignment Is
Irravocat:rl~ ~nd cannot blill:1ln~lIed, exoapt by the Oty. Notwlth8I:Bndfng 1M preced'ng
senteoce, I-lpan consI:nJCI1on of the 1mprovemen!:s by PeeceHaalth, and luxeptence by
CIty, or upon payment 10 the Oty of $115,000.00 pUrSlIllnt to Sectlon 2,3 or Beetlon 4,
as tile case may !:le, f.hl~ Agreement sj'llilll t.ermlnatll and t.tU! obllg!tlon of PQteHelllth
to rmtke e $11S,OOO.OO payment Jl) the ell:'( as descrflled In Section 2,3 Shall b~ deemlUl
fullV satisfied.
4. ~ The City agree! th~t prtor trJ requesQng the funds from the Trustee as
desenbed In Ser;lJon 2,3/ It wfl/ provide PeaceHilsft1l15 talendar days notice. TfIe
purpose cf thIs notice Is to provide Plillilce!ieallt1 an opportunIty 1:0 pay the $115,000.00.
5. F.nt.!re Agreem~D1i. ThIs agreement shall constitute the en~lre agreement
betweetl the perl:les CQncemlng the funds. Any prior understamllng or reprssel'ltBl:1on
of any kind precedIng the date of f:hls agreement all~1I not be bindIng upon eIther partY
el(a!pt t.o t.he ~ne InC!'lrpprill~ In t~1s agreament.
Page;! . ESCROW AG~ENT
e~~17~t9U' ~
J~' ,,'2000 15 48 4256;93821
AUG 12'2005 11,03 Q2SG493B2'
PEi'CE rlEALTH
?EhCE RolII,TH
;3165 P \"'03/006
!21" P 003(003
,
S. Gg!l(;lrrlna.t.mr.l. It Is agreed that thIs agreement shall be governed by,
construed, and enforced in a~rdance With the law!! Of the S!:7:lte of Oregon.
7. TIme Of f!ssence. llme 1$ (If the essen~ of ~Is 8araement
8. afect cd' Plvt!af tnv?HdJ,t)!. The Invafldlty of any portloo of tIlis agreement shar,
not be deemed to affed: the VlIlldlty of any pther provision_ In the evem that llllY
provlslon of thfs agreement 15 /1ef(i 1:0 be Invalid, the parties agree that the remaInIng
provlslons shall pe deemed to be In fuf! Force alid effild: as If they had been elCeC/,lt,ed by
both parties subse~uf!nt to l:f1e elqJungement of the Invalid pTtlvl&lon,
9. 1jotl~ei. Any nct:lce provjded for or roncernJng ttlls agreement $hllf!lle In writing
a nd ~/1afJ be deemed Gufflclen~y SIYli" when sent by certlffE!d or re~15tered mall If sent
co the respectlYS I!Jddresa of each party as 5~ forf:tl below this a!:jreement
Union l3ank of ~IfQm'., Trustee.
BV:'-~ ~~ Dated: ,,1tl.rI.;,~!>
t.,.r...... ff>...."~~1
lls: VIce Pr:M_ '
Addre6S: 900 4~1 Me., Suf!;e lZOO, Seattle, WA 98154
peaceHealth lJ,b.il. Sa~rlld Heart, Plllf~a Harbor, PHMG
ay; ~ ~~~i:ll.1i!d: 6f2moQS,
Roi;han p, Parikh
It:s: ~'atA1m TraesurtD.lr~
Mdress: 14432 SF. Ei!lStgJ!lt:e Way, Bellevue, WA 98007
Q' rJngf/eld, ~n Oregon munlc:lpaf corporation
~~;' ~
Itz: ~!JlJtler U
Address:-US"?iStreet. Sprlngfleld OragOfl
'rr \Off''' 'f/'l P AP"'FlOV,"O
" . l"if'nRM
'"~~....... \ \..~,..,
.. ~
", ' t...l 2.'" J~--
I '"." ~ _~ ~.:7
r.itl-lCi: ()F CITY I~TTOANelf
Pege 3 - I$CROW AGRF.EMi:NT
SIl>o..POCG,7",'~4.t
J:SCROW AGREEMENT
Planning Jo~rnal SUS2Q03.Q0012
This agreement Is made on June 10, 2005 between Union Sank of C~nforola, Seattle
Branch, Trustee, a national bank referred to as "Trustee," peaceHeafth d.ll a, Sacred
Heart, Peace Hartlor, PIiMG referred to as "PeaceHealth," and the City of Springfield,
Oregon, a mUOlclpll1 corporation organized and eXisting under the laws of the Sf:ctte of
Oregon referred to as "City, n
RECITALS
A, Pursuant to the May 10, 2005 Notrce of Dech.lon and Conditions of
Approval for the Riverf3end Subc:lMslon Tent3tJve Plan, the April 13, 2005 Notice of
DecisIon and Conditions of Approval for Site Plan Review, and antiCIpated pUblic
Improvement plan In accordance WII:l1 procedures outlll'led for Public Improvement
Permit Projects outlined In the City of Springfield Englneenng Design Standards and
Procedures (the "Approval$'~, PeaceHealth Is required to construct public Imprpvements
("Improvements") proposed and approved consistent with the Approvals, The estimated
cost for SLlch Improvements Is $6,775,000,00 The pLlrpose of thIS Agreement Is to
establIsh a mechanism to provide security for PeaceHealth's performance of the
foregoing obligation and In tile event. that PeaceHealth fails to construct the
Improvements,
a, The CIty and peaceHealth have determined that Peacel.,ealth may
substItute security t~at Is satisfactory to the City for perfOrmance of PeaceHealth's
oblIgation,
C. PeaceHealth and City have agreed that $5,775,000,00 may be held by the
Trustee pursuant to the terms of thiS agreement, In lieu of Immediate performance.
'D. In consideration of the matters described above, the mutual covenants
contained in this document, and other good and valuable conSIderation, the receIpt and
sufficiency of which are acknOwledged here, Trustee, PeaceHealth and City agree as
fOllOWS;
AGREEMENT
1. ~gr~t PeaceHeillth i.'lssrgns the rJght to the CIty, at Its discretion, to direct
the Trustee to payor transfer funds or seCUrlbes held by Trustee In an amount not to
exceed $6,775,000.00 In account number 4113'1414-01 as provided In Section 2.3
below, All earnings on said funds shall accrue to PeaceHealt/'l.
Page 1 . ESCROW AGREEMENT
a~'pOC6,7~~8...,
, ^
2, Ir.Y;a-ee's OQIJgJillQrui.
2.1 Trustee represents and agrees that there are funds In excess of
$6,775,000.00 in that account and that $6,775,000.00 shall remain
unencumbered In the account during the term of this agreemellt.
2.2 It IS understood that the Trustee will hold such funds In the amount of
$6,775,000 DO llntll an authorization or directJon for payment IS receIved from
the Oty. Trustee certifies and agrees that these funds wlll not he released
WithOut written Instruction from the City.
2.3 Trustee funllar agrees that $6,775,000,00 shall be paid to the my within
ten (10) days of receiving written notice from the Oty, executed by the City
Manager or by Carole Knapel, City of SprIngfield Project Manager, RlverSend
Project, and accompanied by approprlat.e written documentatIon, certifying that
$6,775,000,00 Is needed for p\.lbhc Improvements proposed and approved
consistent wit/] the Approvals because PeaceHealth has failed to construct the
improvements In compliance with the Approvals, it being understood that such
certfflcatlon Shan not determine whether PeaceHealth has In fact so compiled.
The TnJsl.ee shall have no duty or right In evaluate the correctness or
approprJateness of any notICe or determInation by the City, and shall not
Interplead or, In any manner, delay payment of saId funds to the City.
2.4 The notice described in Section 2.3 shall not Impair any of PeaceHealth's
rIghts In connectlon with the Approvafs, It being understood that the Trustee's
obligations to the City under this Agreement are Intended to be independent
thereof, and that the Approvals shall govern the relationship between
PeeceHealth and the Oty.
3, Irrevocable. Bottl the Trustee and PeaceHealth agree that thIs assIgnment Is
Irrevocable and cannot pe cancelled, except by the City, NotwithstandIng the preceding
sentence, upon construction of the Improvements by PeaceHealth, and acceptance by
City, or upon payment to the City of $6,775,000.00 pursuant to Sectron 2.3 or Sectlon
4, as the case may be, this Agreement shall t.ermmate an~ the obligation of
PeaceHealt!'l to make a $5,775,000.00 payment to the Oty as descn~ed In Recital A
shall be deemed fully satisfied,
4. t:ImJ~. The City agrees that prfor to requesting the funds from the Trustee, It
Will provIde PeaceHealth 15 calendar days notIce In addition to the notfce, qty shall
prOVide documentation showing the approval and award of a constructIon contract.
The purpose of this notIce IS to provide PeClceHealth an opportunity f:o pay the
$6,775,00000.
Page:2 - ESCROW AGREi:'MENT
8~OOCSI'I!83. l
5 Entire Ag~eement. TNs agreement shall constitute the entire agreement
between the parties concerning the fJ.lnds, Any prior understcHldlng or representation
of any kInd preceding the date of this agreement shall 1'101 be binding upon either party
except to the ext.ent Incorporated In this agreement.
6, ~1'l'1'1D Lal,!l, It Is ilgreed that this agreement shall be governed by,
c.onstrued, and enforced In accordance With the laws of the State of Oregon,
7 Time otEssence TIme IS of the essence of this agreement.
8, ~ of PartJlll rnvalJdJ!ll, The Invalidity of any portion of this agreement shall
not be deemed to affect the validity Of any other provision. [1'1 the event that any
provISion of this agreement IS held to be invalid, the partIes agree that the remaIning
provisions shall be deemed to be In full force and effect as If they had been executed by
both parties SUbsequent to the expungement of the invalid provisloT"),
9. NQtlce~. Any notice provIded for or concernIng this Flgreemen~ shaH be In writing
and shaff be deemed sufficiently gIven when sent by celt/fled or regIstered mall If sent
to the respectNe address of each party as set forth below this agreement,
Union Bank of California, Trustee:
Sy: ~~_ Dated: &:'''/0...05
Its: -YJee Pr~lg
Address: 900 "Ilh Ave, Suite 1,200, Seattle, WA 9B164
PeaceHealth d,ll.a. Sacred Heart, Peace Harbor, PHMG
By: ~_/~ated: 90,Q/20Q5 '
Rostfan P. Parikh
Its: !";v!';tWJ Treasury DIrector
Address; 14432 51: F-astgat.e Way, Sellevuer WA 98007
unfcipal corporatloll
Its: City MQnag~r
Address 225 fifth St" Sprinsfjeld. OR 97477
Pilge 3 - ESCROW AGRt:EMENT
REVIEWWWMlil\IS9
A,W FOAM 1
, "
0('1. ~ r.......
PRE-SUBMITTAl REC'O
DEe 2 6 2007
US Bancorp Tower, 111 SW 5th Avenue, SUIte 2500
Portland, OR 97204 (503) 227-3251 FAX (503) 274-4681
DRAFT
ConsulllngEnglneers
M E M 0 RAN 0 U M
DATE
TO
October 31, 2005
Ken Vogeney, City of Springfield
Carole Knapel, City of Springfield
Chip Moulds, Peace Health
Joshua A Llghthlpe PE
Rlverbend SubdivIsion - NW Detention Pond
PROJECT NO 301140 26
CC
FROM
RE
KPFF IS currently Incorporating the design of the Lot 11 Detenllon Pond Into the Public Improvement Plans for
the Rlverbend SubdivIsion Following IS a summary of our assumptions and the design criteria to be used In the
development of the design
Assumotlons
The Wayside Loop SubdivIsion will not contribute to the MLK storm trunk at this time Therefore, for the
purpose of sIzing the detsnllon facIlity, the flow from Wayside Loop was excluded The original
hydrographic modeling for the post-developed Western Basin (from the Stonnwater Dramage Report for the
RlVerBend SubdiVIsion, March 2005) was modified to not Include any runoff from the Wayside Loop
SubdivIsion, thus removing approximately 26 cfs of runoff from entering the upstream end of the MLK storm
system dUring the peak of the 25-year storm svent This upstream flow reduction translates to a peak of
61 3 cfs at the downstream manhole STMH MLK5, down from the original 87 3 cis
2 In the event ths Wayside Loop subdivIsion evenlually contributes to this system, the MLK storm trunk must
be able to convey all 87 3 cfs wlthoul detention
Prooosed Deslon Cntena
A flow control structure will be Incorporated In MLK manhole STMH MLK4, containing several orifices, the
lowest set at the Invert of the outlet pipe (IE=423 29) Also a weir set at 431 50' will be Incorporated to allow
high flows to directly overflow to the 60" downstream system
2 The flow control structure and the combined detention from the pipe and pond will reduce the peak release
rate from the 25-year storm, from 61 3 cfs contributing upstream to less than 45 cfs released downstream
3 The flow control structure will be designed to be easily removed In the event that downstream constrictions
In the storm system are removed though future Improvements
4 Detention storage IS necessary upstream of thiS flow control manhole ApprOXimately 59,000 cf of detention
can be utilized In the upstream overslzsd pipS system (up to elevation 431 52')
F \WORK\0220 28\OocsWW Detention Pond\051027_Memo_Lot 11 Pond Cntena doc
~ .,.".
US Bancorp Tower, 111 SW 5th Avenue, SUite 2500
Port/and, OR 97204 (503) 227-3251 FAX (503) 274-4681
DRAFT
CQnsultlngEnglneers
5 A shallow pond located on subdivIsion Lot 11 Will provide a minimum of 25,000 cubiC feet of additional
detention Surplus stormwater Will backup Into the pond through an outlet structure Installed In the end of
the eXisting 72" pipe stub comrng out of MLK manhole STMH MLK5 The pond Will have a bottom elevation
of 43000' (same as nm of pond outlet) and allow water to temporanly store up to approximately elevation of
431 50' dunng the 25-year event(1 5' deep)
6 The pond Will have a mlnrmum area of 11,000 SF at the bottom elevation (43000) and Will Incorporate 3 1
or flatter Side slopes
7 On the NE Side of the pond a berm set at 432 5'(one-foot above 25-year storage depth), Will only allow the
pond to fill to a maximum depth of 2 5'
8 The detention pond Will be 'off-line", low flows Will pnmanly bypass the pond and be conveyed away
through the piped system Dunng events less than the 5-year storm, detenllon In the pipe system Will have
suffiCient storage so that stormwater Will not backup above elevation 430 00' and thus not fill the pond
Dunng the 10-year event the pond Will fill to approxlmalely elevation 430 55' (0 55' deep)
9 Since the water quality storm Will be less than that of the 5-year storm, flow from that event Will be
completely stored In ths detention pipe and not enter the pond Therefore the use of an Impermeable liner
bensath the pond to prevent the POSSibility of Infiltrating polluted stormwater from the water quality event IS
unnecessary For thiS reason we are not Intending to Incorporate a pond Irner rnto the design
10 In the event that downstream capacity IS rncreased and the flow control In manhole STMH MLK4 IS
removed, the 60" pipe has adequate capacity to convey the ongrnal87 3 cfs design flow which Includss the
Wayside Loop SubdiVIsion Full flowing, the 60" pipe can convey 1026 cfs
Cntena for the landscaping of thiS faCility rn response to SubdiVIsion Condition of Approval #74 IS addressed In a
memorandum by Walker Macy
Please contact ms at (503) 227.3251 If any of the assumptions and I or design cntena stated here are In srror or
If you can provide any clanficatlons
Sincerely,
Joshua A Llghthlpe, PE
F IWORK\0220 28\DocsWW Detention Pondl051027_Memo_Lot 11 Pond Cntens doc
..
,
,
/
PRt-SUC;:.:y't R~C'O
DEe 2 ~ '2.007
WALKER..MACY
I QndscQpe Arc/II/refure Urban Df'Hgn Plunn'n!:
MEMORANDUM
To' Carole Knapel
Ken V ogeney
Enc Walter
CC' Chip Moulds, Mike Day, JIm Werfelmann, PhIlip Farnngton, M,ke SchmId, Curt Vanderzanden,
Andrew Haliburton, Josh Llghthlpe, Bryan Cole, Mike ZilIS, Bhronwhyn Dean
From. Colleen Wolfe
Subject NW Detention Pond, SubdIvIsion CondItIOn of Approval #74
Date November 3, 2005
PrOject RlverBend Medical Campus
ProJect# 022033
As a part of meeting CondlliOn #74 of the SubdivIsion Tentative Plan CondltJons of Approval, PeaceHealth
proposes the constructIOn of a 25,000 cubIC foot detentIOn baSin at Lot 11 The proposed landscape planting
of thiS basin serves as a part of the mItigatIOn for the loss of the eXIsting remnant channelldentJfied In the
Gateway Refinement Plan as Natural Asset #4/NW Dralnageway ThiS new detentIOn baSin WIll be
documented as a part of the SectIOn A, Public Improvement Plan package
It IS our vIew that the deSign cntena as descnbed Within the follOWing paragraphs of thIs memo meet the
Intent of ConditIOn 74 whIch states the follOWing
ConditIOn 74
In order to ensure that the constructIOn and plantmg of thiS stormwater management faclllly will fulfill the
mtent ofGRP and SDC poliCies and RlverBend Master Plan CondlllOn #26, the final selectIOn of the off-slle
dramage alternallVe shall mclude mlllgatlOn measures which replace the 10" ofGRP Natural Asset #4/NW
Dramageway as follows
\
The millgatlOn shall prOVide an eqUivalent replacement hydrologic functlOnlcapaclly
The mlllgatlOn shall provide an eqUivalent replacement of tree canopy and vegetatIOn type
The mitigatIOn shall restore native vegetatIOn
The applicant shall submit a mlllgatlOn plan for approval by the Clly prior to Fmal Plat submlllal The
approved mitigatIOn shall be Installed or bonded prior to Final Plat apprpval
WhIle the content of thIs memo does not address CondItIOn #74 bullet pOint one (KPFF's memo addresses the
hydrologIc/functIon capacIty aspect), thiS memo addresses bullet pOints two and three regarding vegetation
J Douglas Macy . Michael W Zlhs
III S W Oak, SUIte 200 Portland, OR 97204
Phone 503-228-3122 Fax 503-273-8878
'1
c
J
replacement oftree canopy and vegetatIOn type The Included sketch and memo IS a draft of our mlligatlOn
plan, as condItIOned by #74
Addllionally, Master Plan CondItIOn 26 reqUIres that a qualified envlfonmental/blOloglcal speCialist fonnally
evaluate the condItIOn, habitat value and potential project Impact to the remnant channel DaVid Evans and
ASSOCiates (DEA) have proVIded thIS assessment It IS summarized In the attached memo dated November 26,
2003 The DEA report essentIally concludes that the remnant dralnageway IS not hydrologIcally connected to
the remaining dralnageway IdentIfied In the GRP, or to the cIty's stonnwater system The DEA study also
found that the habItat quality of the remnant dralnageway had only moderate to low value, was not a
JUrisdIctional wetland and was conSIderably degraded WIth inVaSiVe, non-native plants
MItIgatIon'
As a portIOn of the mItIgatIOn to be prOVIded by Peace Health ~or the remnant dralnageway, Peace Health has
agreed to payment to the CIty, WIth the funds to be used for off-SIte enhancements at the City'S regional
stonnwater drainage pond north of InternatIOnal Way In additIOn to thIS payment agreement, Peace Health
WIll also prOVIde on-sIte mItIgatIOn for the loss of the remnant channel as deSCribed below
WhIle hydrologIC functions are no longer relevant to the applicable portIOn of the remnant dralnageway, the
deSIgn of the stormwater system by KPFF Includes proper hydrologIC capacity to mlligate the loss of the
former remnant drainage way AddItIOnally, the proposed planting deSign of the detentIOn pond at Lot 11
helps m.ligate the loss ofnat.ve plants of the remnant dralnageway Included WIth thIS memo IS a plan view
sketch of the proposed detentIOn basin to clarify our deSIgn concept Also Included WIth thIS memo are
selected graphIC portIOns of the Tree Felling Pennlt ApplicatIon dated as formally submItted to the CIty of
Springfield on March 19,2004 and revIsed on March 24, 2005 The Tree Felling PermIt ApplicatIOn's plan
sheets AI and 81 show the tree canopy loss that the proposed plan mItigates for by way of new natIve
plantlngs These trees as shown on the plan sheets are numbered and are Identified Within the Tree Felling
PermIt ApplicatIOn
The deSIgn as shown IdentIfies the approxImate area that the detention baSin covers While PeaceHealth has
no intentIOn of removing the eXisting trees at thIS tIme, the proposed mItIgatIOn planting serves to replace the
eXisting vegetatIOn Within the NW Dralnageway remnant channel that could potenlially be lost With future
development Therefore, If future site Improvements requlfe removal of eXIsting trees In the remnant channel,
mitIgation trees will already have been planted and be well established Also note, eleven of the trees In the
remnant channel have already been defined as to be felled In the Tree Felling Permit Applicalion dated March
19, 2004 The trees that are Within the eXisting remnant channel and have already been IdentIfied for felling
are 7 Cottonwood (#2952, 2953, 2954, 2956,2957 and 3438) and 4 Ash (#2963, 2964, 2965 and 2966)
These trees have already been m'ligated for elsewhere on campus as part of the SIte Plan ReView and
SubdIVIsIon TentatIve Plan approvals
The detentIon basin's planting deSIgn as shown In the attached sketch, mitIgates for the remaining trees Within
the remnant channel at a one to one ratio These remaining trees are Idenllfied as
18 Ash (#2967,2968,2970,2971,2973,2974,2975,2977,2978, 2979, 2980, 298/, 2982, 2983 and
3433)
8 FIf (#2993,2998, 2999, 3000, 3001, 3002, 3003 and 3006)
1 Cottonwood (#2976)
I Oak (#2994)
3 Maple (#2995, 2996 and 2997)
2
(-,
\...
,
6 Cherry (#3432, 3434, 3436 and 3437)
I Apple (#3435)
In addItIOn, one tree WIll be dIrectly lost due to the grading reqUIred to create the basin This tree IS #3225 and
IS a multJ-trunked apple An Included attachment summarizes the arborlst's In-field tree assessment on
October 27, 2005
All of the above Idenllfied trees are replaced With trees of the same specIes In the new planting of the
detentIon basin, except for the non-natIve specIes of cherry and apple Those non-native species will be
replaced With native tree specIes that are eIther deciduous or COniferous
The COniferous specIes that are mItigated for WIll be replaced WIth nursery stock that IS a minimum of a 10-
12' Ht balled and burlapped or containerized The deciduous species that are mItigated for WIll be replaced
WIth nursery stock that IS a mInimum of 5 gallon container or equal All new plantlngs will be planted In
amended SOIl WIth a minImum of2" certified compost and Irrigated until estabhshed
In the pond basin and understory plantlngs WIthin the mItigatIOn area, a proposed native plant hst IS defined
here
Zone 1 (bottom of detenllon area, wettest zone)
Carex aperta (ColumbIa Sedge)
Carex deweyanna (Dewey Sedge)
Juncus enslfohus (Dagger-leaf Rush)
SClfpUS mlcrocarpus (Small flowered Bulrush)
Slsynchrlum Idahoense (Blue-eyed Grass)
Zone 2 (lower part of pond bank)
Comus serlcea (Red oSIer Dogwood)
Physocarpus captltatus (Ninebark)
Oemlerla ceraslformls (Indian Plum)
Rubus spectablhs (Salmonberry)
Zone 3 (drier upper part of slope)
Rosa nutkana (Nootka Rose)
Rubus parvlflorus (Thlmbleberry)
Symphorlcarpos albus (Snowberry)
Phlladelphus leWISII (Mockorange)
Lastly, while tree canopy replacement ratios are not specIfically defined by code, the proposed mitIgatIOn plan
shows a tree replacement of one for one (trees lost, replaced WIth new plantIngs) It IS estimated that the
proposed planting scheme should replace approxImately 10% of the lost canopy In 5 years, and approxImately
40% of the lost canopy In 10 years Then WIthin approximately 10-20 years of growth, the new tree and shrub
plantlngs proposed for the new detentIOn pond on Lot II WIll begin to rephcate and In some cases Increase
habitat functIOns of the remnant channel
Campus Entry Landscape:
In addItIon to the above described mitIgatIOn goals of the new drainage basin, Lot II landscape has been
Identified by Peace Health as a primary pOint of visual emphaSIS for the campus entry The attached deSIgn
sketch Identifies mItIgatIOn areas In combination With a landscape of a more ornamental character
PeaceHealth has an Interest In defining the intersectIOn of future St Joseph Place and MLK Jr Boulevard
3
. .
( ,
,
(
./
wIth substantIal entry monument sIgn age and campus scale ornamental planting of trees, shrubs and lawn
areas The landscape at Lot II IS Intended to serve as mItIgatIOn for the remnant channel, whIle provIding an
Important vIsual amemty to the campus entry The landscape WIll transitIOn natIve mItIgatIOn plantlngs Into
ornamental plantlngs as the landscape abuts the multI-modal traIl, MLK tree lawn and the intersectIon ofSt
Joseph Place A combinatIon oflarge flowering shrubs and groundcovers, evergreen shrubs and
groundcovers, campus-scale ornamental trees and mown lawn areas will define the comer of Lot II south of
the mItIgatIOn area
The proposed desIgn of Lot II landscaping Intends to accompilsn both mItIgatIOn goals and PeaceHealth's
desire for an attractIve campus entry landscape
4
",
, '
PRE-SUBMITTAL REC'D
DEe 2 6 2007
r~ :J, '-", '> .~~ .",J ;:~",' ..~ .f;#, ~. <, ~ . ~r- !i'$~ ~'~' ",,'~J 1~'
M J;J'lL() R N~p P > :...~, ~,~ . . :"A~;'; '':11" . . /:~". .";Ci!y}of}~ "i:iii~..,'d~
$,,1. , t;- "" " ~ L"i"l" " 'N\4~~:i' ,,4 , ~ , '-~':~;<f 1", ~ *"
To: Don Branch
From: Linda Pauly. Planner II
Date, December 27, 2005
Subject. RlverBend Subd,vlslon PIP ReView Comments
Don,
I have completed my review of the latest PIP submittal In addition to the comments I have already
provided, please forward the follOWing comments to the applicant
Re Sheet DPI 01
The landscaping around the proposed pond IS subject to SubdiVISion Condition 74 (SUB 2005-00012)
Condition 74' In order to ensure that the construction and planting of this stormwater
management facIlity will fulfill the Intent of GRP and SDC poliCies and R,verBend Master
Plan Condition #26. the final selection of the off-Site drainage alternative shall Inelude
mitigation measures which replace the loss of GRP Natural Asset #4/NW Dralnageway as
follows
. The mitigation shall provide an equivalent replacement hydrologic
function/capacity.
=--1jhe'imtllia.'ti.on~haIIlDrOi;'de"anleaUl;ialent~i':eDlac:em'ent'of't~eeI61noDv'anA
~e:t~~IO''!1fi.~ .' . . - . ~ ... .u.=
.-liherniltil',atlorlls.~.a.II'~st~.reln'a"t~l'.e~v.eg2.t:atufill
The applicant shall submit a mitigation plan for approval by the City prior to Final Plat
submittal. The approved mitigation shall be Installed or bonded prior to Final Plat
approval,
Finding, The applicant submitted a mitigation proposal to fulfill SubdivIsion Condition 74 In the
November 18, 2005 PIP submittal, sheet DP I 0 I A narrative deScribing the mitigation proposal was
submitted by consultants Walker Macy, dated November 3, 2005 The memo states that It IS the
applicant's Intent to provide the reqUired mitigation for the loss of vegetation associated With GRP
Natural Asset #4/NW Dralnageway In thiS Improvement plan Please note that a portion of the
mitigatIon for GRP Natural Asset #4/NW Dralnageway (eleven of the trees In the remnant channel 7
Cottonwood (#2952, 2953. 2954. 2956, 2957 and 3438) and 4 Ash (#2963, 2964, 2965 and 2966) has
been previously approved through Tree Fel"ng Notice of DeCISion DRC 2005-00020 and approval of the
applicant's site plan landscaping In Notice of DeCISion DRC 2005-00019 Therefore the mitigation
reqUired IS to provide an equivalent replacement for the future removal of vegetation as the RlverBend
Master Plan area IS developed While PeaceHealth has no Intention of removing the eXisting trees at
thiS time, the proposed mitigation planting serves to replace the eXisting vegetation Within the NW
Dralnageway remnant channel that could potentially be lost With future development Therefore, If
future site Improvements reqUire removal of eXisting trees In the remnant channel, mitigation trees WIll
already have been planted and be well established
Finding. The vegetation to be mitigated through the PIP IS as follows
",'
18 Ash (#2967, 2968,2970,297/,2973,2974,2975,2977,2978,2979,2980, 298/, 2982, 2983 and
3433)
8 Fir (#2993, 2998, 2999, 3000, 300 I, 3002, 3003 and 3006)
I Cottonwood (#2976)
I Oak (#2994)
3 Maple (#2995, 2996 and 2997)
6 Cherry (#3432, 3434, 3436 and 3437)
I Apple (#3435)
In addition, one tree will be directly lost due to the grading reqUired to create the basin ThIS tree IS
#3225 and IS a multl-trunked apple The Walker Macy memo Included attachment whIch summarIZes
the arbonst's In-field tree assessment on October 27, 2005
Thus, a total of 39 trees reqUire mitigation through the planting proposed In thiS PIP
Fmdlng. The Walker Macy memo proposed to provide mitigatIon for the remaining trees within the
remnant channel at a one to one ratio The PIP submittal proposes to plant 35 trees In the Immediate
VICinIty of the pond and 20 additional trees between the pond and the Intersection of MLK Jr Parkway
and St Joseph Place
Fmdlng: Staff finds that the applicant's the proposal IS In conformance with SubdiVIsion Condition 74
and approves the mitIgation plan The proposed planting will prOVide an equivalent replacement of tree
canopy and vegetation type and will restore native vegetation to replace trees to be lost when Gateway
Refinement Plan Natural Asset #4/NW Dralnageway IS developed
,
,
r REoSUBI\lIJ iAL REC'O
DEe 2 6 2007
Insert document
Right Of Way Use Agreement
SUB2006-00044 - #5
,
KPFF to provide this document prior to Submittal to the City
. .'b VVIoIIVIIIII U. IU__ _
DEe 2 6 2007
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate)
REFERENCE
DOCUMENTATION
I DECISION
I SUB2006-00044
I
CONDITIONS(S)
#6
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter
referred to as Applicant( s), do covenant, and agree with respect to the real property
desCribed below as follows
1 Applicant warrants and represents to the City of Springfield that It IS the owner of the
property more particularly desCribed and set forth In Paragraph 7 below and, as
owner, has the authority to enter Into thiS Improvement Agreement wIth the City of
Springfield
2 Applicant(s) desires Development Approval from the City With respect to the following
Development Application SUB2006-00044
3 The development will cause both an Immediate and long-term demand on the various
public facilities of City and Lane County Including the speCifiC public Improvements
necessitated by the development as set forth In paragraph 6
4 ThiS Improvement Agreement IS an alternative to Imposing a condition on Applicant's
development approval that the Applicant make Immediate construction of any public
Improvement that the development necessitates The objective IS to promote
effiCiency, coordination, and spread costs by prOViding an opportunity for a district
wide Improvement mechanism where construction occurs In a coordinated project
With the participation of adjacent and other properties In the area, Instead of requIring
Immediate Improvement In conjunction With each development application There IS
no guarantee, however, that such a coordinated project Will be pOSSible and the City
reserves the right to require construction of the Improvements In the future at City
discretion
5 (a) Applicant and City agree that Applicant will pay the cost of the follOWing public
faCility Improvements desCribed In Paragraph 6 In accordance With respective cost
assumption policy established by City at the time the City determines to undertake
and complete such public Improvements
(b) Applicant and City acknowledge and agree that the cost of such Improvements
and the portion thereof to be paid by Applicant are presently unknown and may be
greater than the costs that would be apportioned If the Improvements were
constructed Immediately or by Applicant now or later
(c) Applicant acknowledges that the timing of the construction of such Improvements
IS Within the sole and exclUSive direction of the City
6 (a) STREET IMPROVEMENTS along the frontage of St Joseph Place and Baldy
View Lane, through Lots 8 and 9, to Include
[g] surface paving, [g] storm sewers, D sanitary sewers, [g] curbs, [g] gutters,
D planter stripS, [g] street trees, [g] street lights, [g] s,dewalkb
(Bar Code Sticker)
AFTER RECORDING RETURN TO
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRtNGFIELD OR 97477
Page 1 of3
(b) TRAFFIC SIGNALS at the Interseclion of N/A
(c) OTHER IMPROVEMENTS N/A
Applicant acknowledges that the list of marked Improvements reflect those that would
currently be required under the appropriate City codes and ordinances Applicant
acknowledges that It understands that the Improvements made will be those required to
bring the street to full urban standards for the then current funclional classification of the
street as those standards eXist at the time the Improvements are made and may,
therefore, differ from the list of Improvements checked herein
7 LEGAL DESCRIPTION
The real property described as Lots 8 and 9 of the plat RlverBend, Phase II, dated
December XX, 2007, and recorded In Lane County on XX Month 2008
8 City agrees that Applicant's execution and performance of the terms of the
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, Applicant shall be
entitled to Development Approval, subject to the terms and condlllons of approval set
forth therein
9 This agreement IS enforceable by the State of Oregon, Lane County or City
10 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 AND TO WAIVE ALL RIGHT TO
REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any
right to protest the amount or manner of spreading the assessment thereof, If the same
shall appear to the Applicant to bear ineqUitably or unfair upon said property of
Applicant Applicant's acceptance of the non-remonstrance condition IS In consideration
for the Ctty's watver of the requirement for the Immediate construction of the publiC
tmprovements that the development necessitates This Improvement agreement watves
the property owner's right to file a written remonstralion It does not waive a property
owner's right to comment on the proposed district or any related matters orally or In
writing
11 It IS the Intenlion 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
NOTICE TO APPLICANT/PROSPECTIVE PURCHASER
If you are the applicant or a prospeclive purchaser of this property, you are advised to
discuss this Agreement With an Attorney of your choice Execution and recordallon of
this Agreement Will place requirements on the Owner and any subsequent purchaser of
the Real Property described In Section 7 and their heirs, successors and assigns
These requirements Include but ~re not limited to' the payment for the public
Improvements described In Seclion 6 This may result In an assessment lien on the
Real Property described In Seclion 7 and significant costs to the Owner and
Purchasers, and their heirs, successors and assigns An Applicant's signature on this
Agreement indicates that the Applicant has thoroughly read this Agreement,
understands It, has had the opportunity to consult legal counsel prior to ItS execution,
and understands that execullon of the Agreement may result In significant financial
obligallons Imposed upon the Owner of the Real Property Any prospective Purchaser
of the property burdened by this Improvement Agreement should also thoroughly review
this Agreement, consult With legal counsel prior to purchasing the property, and
understand that this Agreement may result In a significant financial obligation Imposed
upon any Owner of the Real Property described In Seclion 7
Pago2of3
WHEREFORE, the parties have hereunto set their hand this
day of , 20~
(SEAL)
(TITLE)
(SEAL)
(TITLE)
STATE OF OREGON
COUNTY OF
} ss
BE IT REMEMBERED that on this day of ,200_before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named
whose Identity was proved to me on the basIs of satisfactory eVidence and who by me
duly sworn, did say that Is/are the
of and does
acknowledge said Instrument to be the free act and deed of said Corporation, and that
the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that
said Instrument was signed and sealed In behalf of said Corporation by authonty of ItS
Board of Directors
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written
Notary Public for Oregon
CITY OF SPRINGFIELD
By
DenniS P Ernst - City Surveyor
STATE OF OREGON
COUNTY OF
} ss
BE IT REMEMBERED that on this day of ,200_before
me, the undersigned, a notary public In and for said County and State, personally
appeared the within named DenniS P Ernst whose Identity was proved to me on the
baSIS of satisfactory eVidence and who executed the Within Instrument and
acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written
,
Notary Public for Oregon
Page3of3
PRt.SUBMITIA.l REC'D
DEe 2 6 2007
Insert document
Dedication Document for Qwest Easement on Lot 4
, .
(no related condition)
,
KPFF to provide this document prior to Submittal to the City