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Home My WebLink AboutMiscellaneous APPLICANT 5/29/2008 " .' 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 herein recited, the'City of Springfield, hereinafter referred to as City, and Thomas G. Wirfs and Diane M. Wirfs . 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 SUB2008-00012 (tentative) 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 analternative 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 "S" Street to include: 0 surface paving; 0 storm sewers; U sanitary sewers; IZI gutters; 0 planter strips; 0 street trees; IZI street lights; I6J curbs; IZI sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS PRE-SUBMITTAL REC'O MAY ? 9 '200B (Bar Code Sticker) AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z:\2006\CJ6-.128 WIRFS 13615 STREET PARTIT10N\SURVEYlAPPlICATIDN\lmprovement Agreement including Nolice of Potential Assessment Lien - tndividual.docREVISED August, 2007 Paga 1 of3 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 stre,et 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 Iistof improvements checked herein. 7. LEGAL DESCRIPTION: . PRE-SUBMmAl REeD SEE EXHIBIT "A" 008 ATTACHED HERETO AND INCORPORATED HEREIN BY REFEREN~Y 2. 9 2 ~ AKA: Tax Map & Lot No.: 17-03-25-23, TL 180.1 Property Address: 1361 S 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 REMONSTRAl:E 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 im'provements 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 ora 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 I upon any Owner of the Real Property described in Section 7. Z:\2006\Cl6-128 WlRFS 1361 5 STREET PARTITION\SURVE'MPPllCAT10N\lmprovement Agreement induding Notice of Potential Assessment Lien -lndividual,dOCREVISEO August. 2007 Page2of3 . ' . WHEREFORE, the parties have hereunto set their hand this day of ' 20Q,L SIGNATURE1S\: PRINT NAME(S): STATE OF OREGON COUNTY OF Lane } SS BE IT REMEMBERED that on this day of , 20~ before me, the undersigned, a notary public in and for said County and State, personally appeared the within named' Thomas G. Wirfs and Diane M. Wirfs whose identity was proved. to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that they 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 My Commission Expires CITY OF SPRINGFIELD Reviewed and approved By (No notary required) Development Services Department, Planning Division Accepted by PRE-SUBMITIAl REC'O MAY 2.92008 , DennisP. Ernst - City Surveyor .J.' STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this day of ,200Lbefore me, the undersigned, a notary public in and for said County an,d State, personally appeared the within named Dennis P. Ernst whose identity was prove~, 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 My Commission Expires Z;\2006\06-12B W1RFS 1361 S STREET PARTIT10N\SURVEY\APPllCATION\[mprovemenl Agreement including Notice of Potential Assessment lien. Individual.docREVISEO August, 2007 Page3of3 " . . . EXHIBIT A LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT LIES SOUTH 89059'00" WEST, 100.00 FEET AND NORTH 00004'00" WEST, 200.67 FEET FROM THE SOUTHWEST CORNER OF PARCEL 2 OF LAND PARTITION PLAT NUMBER 2004-P1782 AS PLATTED AND RECORDED IN THE LANE COUNTY OREGON PARTITION PLAT RECORDS; THENCE NORTH 89059'00" EASt, 100.00 FEET; THENCE NORTH .00004'00" WEST, 175.00 FEET TO THE SOUTH MARGIN OF'S' STREET; THENCE ALONG SAID , . . SOUTH MARGIN SOUTH 89059'00" WEST, 100.00 FEET; THENCE SOUTH 00004'00" EAST, 175.00 FEET, RETURNING TO THE POINT OF BEGINNING. '.. " t. .' I I PRE.SlIRMI1llI1 nI:C'D MAY f. '1 2JUd \. , . " Z:\2006\Q6.128 W)RFS1361S STREET PARTITIONISURVEY\APPlICATION\lmprovement ~greemenl including Notice of Potentia! Assessme~t Lien ~ Individual,docREVISEO August, 2007 Page4of4