HomeMy WebLinkAboutItem 02- Street Exchange for Woodland Ridge AGENDA ITEM SUMMARY Meeting Date: 4/1/2024
Meeting Type: Work Session
Staff Contact/Dept.: Jeremy A. Sherer & Stan
Petroff/DPW
Staff Phone No: 541-726-2292
Estimated Time: 5 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Strengthen Public Safety
by Leveraging
Partnerships and
Resources
ITEM TITLE: STREET EXCHANGE FOR WOODLAND RIDGE PHASES 7 AND 8 (18-02-04-00-
00308)
ACTION
REQUESTED:
Vacate a 60foot wide, east-west street, designate the land as surplus and exchange the
land for future dedicated street right of way for Woodland Ridge Phases 7 and 8 (18-02-
04-00-00308),
ISSUE
STATEMENT:
Public Works and Development is seeking Council approval to vacate and designate a
60-foot wide by 266.61 feet long parcel of land as surplus and an exchange for street
right of way as offered by Hayden Homes.
ATTACHMENTS:
1. City Street Deed
2. Offer Hayden Homes Draft
DISCUSSION/
FINANCIAL
IMPACT:
Discussion: Hayden Homes is purchasing a flag lot located at 5353 Ivy Street, Map and
Tax Lot no. 18-02-04-00-00307 and plans to incorporate it into the next phase of the
Woodland Ridge plat. They have approached the City to include an adjacent 60' wide strip
of land owned by the City as a street (Street), Map and Tax Lot no. 18-02-04-00-00307.
The Public Works Director supports an offer from Hayden Homes to exchange tax lot 308
(City Street) for the right-of-way dedication for Pinehurst Street and Holly Street, westerly
to Woodland Ridge, and the northerly extension of South 54th Street.
The 60-foot-wide street deed conveyed fee simple title with the condition that it will be
used for street purposes in a future addition to the Royal Ridge subdivision. The addition
to Royal Ridge did not materialize. Since then, Hayden Homes has developed two phases
for Pinehurst and various phases for Woodland Ridge to the west. Additionally, the Street
is used as an emergency vehicle turnaround. The development of these subdivisions has
altered the need for this future Street.
The street deed permits the property to be vacated if the City approves a new alignment.
Hayden Homes has purchased the adjoining property and has developed preliminary plans
for street circulation that need to align with the present alignment of the street deed. The
Public Works Director has approved the new alignment.
Financial Impact: The street deed was donated to the City and will be exchanged for
additional dedicated streets. The exchange is in-kind, and there is no monetary
consideration.
Attachment 1
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Attachment 1
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CITY: CITY OF SPRINGFIELD an Oregon incorporated city OFFERER: HAYDEN HOMES, LLC, an Oregon limited liability company RECITALS Hayden Homes owns or will own 5353 Ivy Street, Assessor’s Map and Tax Lot number 1802040000307 and desires to purchase the adjacent real property located in the City of Springfield, Lane County, Oregon, described in Exhibit A (hereinafter referred to as “the Property”) from the City of Springfield (City) through an exchange for future street dedications by Hayden Homes, described in Exhibit B (hereafter referred to as “the Dedications”). TERMS OF EXCHANGE 1. Sale and Purchase. In return for City’s conveyance of the Property to Hayden Homes, Hayden Homes shall develop (at Hayden Homes’ sole cost) certain street connections as specified in this Agreement. These street connections shall be dedicated to the public as a street right of way upon completion of phases 7 and 8 of Woodland Ridge Subdivision development. 2. Street Connections. Hayden Homes shall design and develop the three (3) street connections through property known as Lane County Tax Lot 1802040000307, as defined below and illustrated on Exhibit B. 2.1. The S.54th Street connection shall run north from the existing terminus of S.54th Street within the Pinehurst Subdivision, through the Property, and into the proposed future phases of Woodland Ridge. 2.2. Hayden Homes shall connect Holly Street from its existing western terminus within the Pinehurst Subdivision, into the proposed future phases of the Woodland Ridge Subdivision. 2.3. Hayden Homes shall connect Pinehurst Street from its existing western terminus within the Pinehurst Subdivision, into the proposed future phase of the Woodland Ridge Subdivision. 3. Panhandle Driveway. The remainder of the panhandle driveway on Tax Lot 1802040000307 that will not be used for the public ROW connections at Pinehurst and Holly Streets will be closed to vehicle traffic and utilized as part of the future development of the Woodland Ridge Subdivision, with the exception of that portion south of the Attachment 2
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proposed Pinehurst Street connection which is currently being utilized for access to Tax Lot 1802040001800. 4. Closing. The Property shall be conveyed to Hayden Homes upon the City of Springfield’s acceptance of this offer and the vacation of the Property’s Street right of way. 5. Closing Costs. The closing costs shall be at the cost of Hayden Homes, including taxes, recording and title insurance, if desired. The City will pay the cost of the vacation, public notice and hearing. 6. Deed. At Closing, the City shall execute and deliver to Hayden Homes a quitclaim deed, conveying the City’s interest in the Property as is, where is, with all its faults. 7. Title Insurance. Hayden Homes shall be responsible for obtaining a title insurance policy. No warranties expressed or implied is made regarding the condition of title. 8. Representations of Hayden Homes. Hayden Homes represents and warrants to the City as of the date of this Agreement and as of the date of Closing that: (a) it is a limited liability company duly authorized and existing under the laws of the State of Oregon; (b) The execution, delivery and performance of this Agreement is duly authorized by Hayden Homes and enforceable in accordance with its terms; (c) The signatory to this Agreement is duly authorized to act on behalf of Hayden Homes; and (d) Hayden Homes has or will have timely access to cash funds and the right to dedicate land sufficient to fulfill its obligations under this Agreement. 9. Representations of City. This offer must be publicly noticed and heard by the City Council to obtain approval and acceptance. Only the City Council can legally accept offers and convey interest in real property on behalf of the City. 9.1. The person(s) who have executed this Agreement on behalf of the City have been duly authorized. All documents delivered at a Closing will be executed by a duly authorized representative of the City. The City, by and through its City Council, has a good and legal right to enter into this Agreement and to perform all covenants of City contained in this Offer in accordance with their terms. 9.2. The City does not warrant or guaranty, expressed or implied, the ability to use the Property for any particular purposes, including allowed uses under the Springfield Development Code and Oregon’s Land Use Laws , to legally and physically access the Property, and to locate the Property boundary lines. The City recommends that Hayden Homes thoroughly investigates the Property prior to acceptance by the City. 10. Binding Effect. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, successors, legal representatives and assigns. Attachment 2
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11. Contractual Lien to Secure Exchange of Property. Hayden Homes grants to the City a contractual lien in addition to all constitutional, statutory, and equitable liens that may exist, on the property and all improvements thereon to secure the exchange for street right of way due to the City by Hayden Homes as provided herein. Hayden Homes grants the City the authority and right to file a copy of this Agreement in the Records of the County where the property is located to give notice of the City's lien rights. 12. Suspension or Termination of Performance. Should the City not agree to the terms or if the street vacation is denied, this agreement shall be terminated, and all rights of Hayden Homes under this agreement shall cease and all rights, title and interest in said Property shall continue to remain and vest in the City, free of any claims or equity in Hayden Homes or those claiming through it. 13. Governing Law. The parties acknowledge that this Agreement has been negotiated and entered into in the State of Oregon. The parties expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Oregon. Statutory Warning. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010 Attachment 2
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14. Counterparts/Facsimile or PDF Execution. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, all of which together shall constitute one Agreement, binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterparts. Facsimile or pdf signatures shall be deemed original signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OFFER CITY OF SPRINGFIELD HAYDEN HOMES An Oregon incorporated city An Oregon limited liability company By: Nancy Newton By: Sara D’Eathe Its: City Manager Its: VP Finance Signature Signature Date Date Attachment 2
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EXHIBIT A “THE PROPOERTY” LEGAL DESCRIPTION (18-02-04-00-00308) All that land described in Street Deed Reel No. 964-R, Reception No. 79-00757, Lane County Official Record, Lane County Oregon, being described as follows: Beginning at a point being North 1253.38 feet and West 1489 feet from the East-Southeast corner of the R. Hixon Donation Land Claim No. 47, in Township 18 South, Range 2 West of the Willamette Meridian; thence East 266.61 feet; thence South 60.0 feet; thence West 266.61 feet; thence North 60.0 feet to the Point of Beginning, in Lane County Oregon. Attachment 2
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OFFER TO PURCHASE AND SALE AGREEMENT “THE DEDICATIONS” (18-02-04-00-00307) EXHIBIT B Attachment 2
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