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Home My WebLink AboutAgreement APPLICANT 3/18/2008 - Baker and Associates Surveyors, Inc. Address: 1347 Market Street, Springfield, Oregon Mailing Address: 1574 Coburg Road #144 Eugene, Oregon 97401 Phone (541) 343-7243 Fax (541) 746-0506 e-mail: bakersurvevors(cUcomcast.net LETTER of TRANSMITTAL \\c,\j\) ,.~, ( 'O~G . '\\t Gy\\\-G +.'(J-\\ /. For: Linda Pauley From: Dan Baker We are sending the following: Item 1. Date 3/18/08 Descriotion SUB2007-0007 Remarks: Linda, Enclosed are 5 copies of the Partition Plat for SUB 2007-0007 and a copy of the recorded Improvement Agreement. I gave the copies and the original Improvement Agreement to Chris Moorhead on the 26th of February. Thankyo~ f2 ~/~/ './~ /. Daniel . Baker --. IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter referred to as City, and Penelope I. Cash 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 SUB 2007-00007 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 South 71st Street to include: i:8J surface paving; i:8J storm sewers; U sanitary sewers; ~ curbs; i:8J gutters; 0 planter strips; i:8J street trees; i:8J street lights; i:8J sidewalks. (b) Be it known that this Improvement Agreement includes the improvements found in the previous Improvement Agreement filed in Lane County with Reception # 7822755. Division of Chief Depuly Clerk lane Counly Deeds and Records 200~.OI0231 '/11/ n rlllIIll """ 1111111 11111111111" III $36.00 '097 :04 ;20080010231004.'045 RPR-IRREPET Cnl=2 Sln=6 Olt~~~~80~1 :08: 18 PM $5.00 $20.00 $11.00 AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 C:\DOCUME~l\OAN8AK-1\LOCAlS-1\Temp\lmprovement Agreement including Notice oIPoIentiBl Assessment lien. CASH-()nIyfO( Cash Partilionl,docREVISED August, 2007 Page:' ofl 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 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 herein. 7. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Tax Map & Lot No.: 17-02-35-34-05800 Property Address: 285 South 715t Street 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 conditions 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 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 is the intention of the parties hereto that the covenants herein contained shall run with the land herein described, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded in the Lane County Deed Records. 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 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. C:\oOCUME-1\oANBAK-1\lOCALS-lITempllmprov8rn80t Agreement including Nolice of Potential Assessmenllien _ CASH-Gnty for Cash Partilion1.docREVISEO August, 2007 Page2of2 , . WHEREFORE, the parties have hereunto set their hand this g T'l1 day of rF.1Uu~t>."'" ,20~ SIGNATlJREIS': \( .p/V\OJ.~tJ -!J" ~ PRINT NAME(S): Penelop& I. Cash STATE OF OREGON } COUNTY OF LANE 55 BE IT REMEMBERED that on this 8TH day of r~B~(IA""" , 20~ before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Penelope I. Cash whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that she 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. L Notary pu~n . OFFICIAL SEAL DENNIS P. ERNST . " . NOTARY PUBLIC - OREGON "'" ./' COMMISS]ON NO. 378021 MY COMMISSION EXPIRES APRIL 20. 2008 J A PII.t"" 20. 2."'01- My Commission Expires CITY OF SPRINGFIELD Reviewed and apBfoved /7 > By /' ~--'~-(7;J7b:l r,. ~/ -J,M,.z.{~,fi-;r/L---,/ (Nonolaryrequired) De~ent Services Deplirtrnef!t...Pfanning Division Accepted by L~~ Dennis P. Ernst - City Surveyor STATE OF OREGON } COUNTY OF Lane 55 BE IT REMEMBERED that on this j2rlf day of F6!'>I2..VAll-Y ,200S 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. . OFF]CIAL SEAL GUY R DENT NOT MY PUBUC-0REGON '... . ' COMMISSION NO. 3';)9556 MY COMMISSION EXPIRES N(N lli. 2009 NO~~O~: J~v. 1(..( '2.0tJ'l My Commission Expires C:\oOCUME-1\oANBAK-l\l..OCAlS-HTempllmprovsment Agreement including Notice of Potenlial Assessment lien. CASH-Only for Gash Partition1,docREVISEO August, 2007 Page3of3 EXHIBIT A Beginning at the Northwest comer of Land Partition No. 90-P0044, as platted and recorded in Lane County, Oregon Official Records, in the Southwest 1/4 of Section 35, Township 17 South, Range 2 West, Willamette Meridian, said Northwest corner being marked by a 5/8 inch rebar with red plastic cap marked 'LS 1103" and being on the easterly margin of South 71" Street; thence along said easterly margin, North 0'17'39" East a distance of 115.46 feet; thence leaving said easterly margin, South 89044'00" East a distance of 238.19 feet; thence South 0'15'18" West a distance of 115.46 feet; thence North 89044'00"" West a distance of 238.27 feet to the POINT of BEGINNING, all in Springfield, Lane County, Oregon. Description is based on North line of County Survey File No. 29570