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Home My WebLink AboutMiscellaneous APPLICANT 5/19/2008 Date Received -diJ.,/l} 'f' Planner MM 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 Spnngfield, hereinafter referred to as City, and Northvlew Investments, Inc 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 SUB2006-000049 3 The 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 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 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 descnbed 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 '8' Street to Include [8J surface paving, [8J storm sewers, U sanitary sewers, [8J gutters, 0 planter stnps, [8J street trees, [8J street lights, (b) TRAFFIC SIGNALS at the intersection of 161 curbs, [8J Sidewalks (c) OTHER IMPROVEMENTS 'DIVISIon of ChIef Depuly Clerk ~nno.n~eA11 Lane Counly Deeds and Records 'VVg V,g, 111111 111111 1111111111111111111111111 $46,00 0099.~J~,008~J,6~71004J~46 05/12/200801:41:00 PM RPR-NTPOLIEN Cnt=2 Stn=6 CRSHIER 07 $5 00 $20.00 $10 00 $11 00 AFTER RECORDING RETURN TO I CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z.\2005\05-277 HARRISON\SURVEY\APPLICATJON\lmprovement Agreement new doc Page 1 of3 REVISED August 2007 Date Received ..s;1 f /15Y Planner MM Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropnate City codes and ordinances Applicant acknowledges that It understands that the Improvements made will be those required to bnng 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 Property Address Tax Map & Lot No 17-02-33-31 TL 3600 & 3700 5177 & 5185 'B' 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 nght 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 nght to file a wntten remonstration It does not waive a property owner's nght to comment on the proposed dlstnct or any related matters orally or In wntlng 11 It IS the intention of the parties hereto that the covenants herein contained shall run With the land herein descnbed, 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 descnbed 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 descnbed In Section 7 and their heirs, successors and assigns These reqUirements Include but are not limited to the payment for the public Improvements descnbed In Section 6 ThiS may result In an assessment lien on the Real Property descnbed 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 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 purchaSing the property, and understand that thiS Agreement may result In a Significant finanCial obligation Imposed upon any Owner of the Real Property descnbed In Section 7 Z \2005\05-277 HARRISON\SURVEY\APPLlCATION\lmprovement Agreement new doc REVISED August 2007 Page2of3 WHEREFORE, the parties have hereunto set th hand this day of -6 E' ,2 8 ~ Date ReceIved Planner MM e.9 O~z/oY / STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this z'9 day of -r-e:73eUI'rR l,J ,2008 before me, the undersigned, a notary public In and for said County and State, personally appeared the within named Derek Hamson, President of Northvlew Investments Inc 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 r--~--_______________~_ , .' OFFICIAL SEAL I , ,GAIL A WAISANEN I , j NOTARY PUBLIC - OREGON I COMMISSION NO 419581 ( ,~_ _ _ ..M~,~OMMISSION EXPIRES JULY 28 2011 ~ - .. ---,-,-"-.'-,_._---~ ~()v~ Notary Pubilc for Oregon , ,JuILf V3 ?/J// My Commission Expires CITY OF SPRINGFIELD Revlewe pro. ved /;;;> > 7 B J'2/?'?Pa;:/ /~r-~;I:'~~ Dev klpment Services Del-'dl (" lent, Planning DIVIsion (No notary required) Accepted by j)~ Dennis P Ernst - City Surveyor STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this /h-H day of M A 17 01 ,2008 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 O.Alla.- OFFlCIAL~"""""'" '. GlIY R DElfT ! , ,NOTARY PUBUC-ORE;& ' COMMISSION NO 39 i "lh!~e~~::SIO~,~~,~S NQV r~:_:.J A~D~ Notary Pu]IIc for Oregon /...r..:, v I ~( "2. M'1 My Commission Expires l.\2005\O5-277 HARRISON\SURVEYWPLlCATION\Jrnptovement Agreement new doc Page3of3 (I OFFICIAL SEAL ' GUY R DENT NOTARY PUBUC-oREGON COMMISSION NO 3995~6 MY COMMISSION 8<PIRES NOV'llf, ~8/!9" 1 2007 .....'%Im. \ y \ '" \ I ~l"""""'''.t<~."" .__ . EXHIBIT "A" Date Received Planner MM 5/rf / If{ LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EAST LINE OF THE A W HAMMIT DONATION LAND CLAIM NUMBER 38, TOWNSHIP 17 SOUTH, RANGE 2 WEST, W M THAT IS SOUTH 00034'45" WEST, 76409 FEET FROM THE NORTHEAST CORNER OF SAID CLAIM, THENCE SOUTH 88057'15" EAST, 172 00 FEET TO A POINT, THENCE PARALLEL TO SAID EAST CLAIM LINE NORTH 00034'45" EAST, 221 34 FEET TO THE SOUTH MARGIN OF B STREET, THENCE ALONG SAID SOUTH MARGIN NORTH 89044'00" WEST, 17200 FEET TO THE AFOREMENTIONED EAST CLAIM LINE, THENCE ALONG SAID EAST CLAIM LINE SOUTH 00034'45" WEST, 21900 FEET, RETURNING TO THE POINT OF BEGINNING C IDocumants end Selbngs\tcpwpkhlLocal SettmgslTemporary Internet Filell\OLK87\lmprovement Agreement new doc REVISED August 2007 Page4of4