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Home My WebLink AboutAgreement APPLICANT 5/20/2008 , , 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 herem recited, the City of Springfield, heremafter 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 mto this Improvement Agreement with the City of Springfield 2 Applicant(s) desires Development Approval from the City with respect to the followmg 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 mcludlng the speCIfIC public Improvements necessitated by the development as set forth m paragraph 6 4 This Improvement Agreement IS an alternative to Imposmg 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, coordmatlon, and spread costs by provldmg an opportunity for a district wide Improvef]1ent mechanism where construction occurs m 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 m the future at City discretion 5 (a) Applicant and City agree that Applicant will pay the cost of the followmg public facility Improvements desCribed m Paragraph 6 m 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 wlthm the sole and exclusive direction of the City 6 (a) STREET IMPROVEMENTS along the frontage of South 7151 Street to Include ~ surface pavmg, ~ storm sewers, U sanitary sewers, I2SI curbs, ~ 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 MAY 2 0 2008 DIVISIon of ChIef Deputy Clerk ; 2000.0102JI Lane County Deeds and Records U /I 1111111111111//11/11111/ 1111111111111111 II " 11/: $36,00 00978046200800102310040045 RPR-IRREPET c 02/25/2008 01.08: 18 PM nt=2 Sln=6 CASHIER 07 $5 00 $20 00 $11 00 , Date Received. Fmal Submittal AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRING'FIELD OR 97477 c \OOCUME-110ANBAK-nlocAlS-HTempllmprovemenl Agreemenllncludlng NOlles of Polenllal Assessmenlllen CASH Only for Cash PartJhon1 docREV1SED August 2007 Page 1 011 . , , ,), O t Date Received: a e Kecelvea: MAY '2 0 2008 "'~8 ~ Applicant acknowledges that the list of marked Improvements refi~ ~tt~t '''9' II"! 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 "An ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA Property Address Tax Map & Lot No 17-02-35-34-05800- 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 prospecllve 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 prror 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-HTempllmprovemenl Agreement lneludlng Nohce ofPotenllal Assessment lien CASH-Only for Cash Partlllon1 docREVISED August 2007 Page2of2 ,f' WHEREFORE, the parties have hereunto set their hand this g rll day of rE'IUU........... ,20~ SIGNATUREIS\ ? (J/If\OJ~(7 ~ ~ PRINT NAME(S) Penelop& I Cash ' Date Received: MAY 2 0 2008 ~ ~ STATE OF OREGON COUNTY OF LANE } SS Final submittal BE IT REMEMBERED that on this 8tH day of r.:B?LlA~'r" , 20~ before me, the undersigned, a notary public In and for said County and State, personally appeared the Within named Penelope I Cash whose Idenl1ty 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 voluntanly IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above wntten . OFF]CIALSEAl DENNIS P ERNST NOTARY PUBLIC. OREGON COMMISSION NO 378021 MV COMMISSION EXPIRES APRIL 20 2008 "Notary Public for Oregon ApA.I... 20. 2.",,,t My Commission Expires CITY OF SPRINGFIELD ReViewed and apRroved /7 ? By r ~ -~/~'Id r.- / /j ~N-UI-Z,,-?;:'1_ D~~ent Services Dep<lrtment...Pfannlng DIVISion _ (No notary reqUIred) Accepted by ~~ DenniS P Ernst - City Surveyor STATE OF OREGON } COUNTY OF Lane SS BE IT REMEMBERED that on thiS IZrfl day of F6'f>R.VAJ'.Y ,200Lbefore 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 voluntanly IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above wntten . OFFICIAL SEAL GUY R rENT NOTARY PUBLIC r)4EGON COMMISSION N'l 339'i56 MY COMMISSION EXPIRES NOV 11.2009 k,~ ~ O~ No~~bIlC for Oregon Jd /I-I. 7..009 My Commission Expires q. " C \DOGUME-1\DANBAK-1\lOCALS-1\Temp\lmprovement Agreement Including Nobee of Potential Assessmenlllen CASH-Only for Cash Partlllon1 docREVISED August 2007 Page3of3 EXHIBIT A Beginning at the Northwest corner 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, Wlllamette 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 71st Street, thence along said easterly margIn, North 0'17'39" East a distance of 115 46 feet, thence leav]ng said easterly margin, South 89044'00" East a distance of 238 19 feet, thence South 0015'18" West a distance of 11546 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 Date ReceIved. MAY 2 0 2008 FInal SubmIttal