HomeMy WebLinkAboutAgreement APPLICANT 12/2/2008
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IMPROVEMENT AGREEMENT'
INCLUDING NonCE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement; Includes Wa;ver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein. recited. the City of Springfield, hereinafter
referred to as City, and Janice K. Jackson
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 2008-00001
3. The development will cause both an immediate and Iongterm demand on the various
public facil~ies of City and lane County including the specific publiC improvements
necessitated by the development as set forth in paragrap~ 6.
4. This Improvement Agreement is an attemative to imposing a condition on Applicant's
development approval that the Applicant make immediate construction of any public
improvement thaI' the development necessitates. The objective is to. promote
efficiency, coordination, ai'll 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 w~h respective coSt
assumption policy establ.ished 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. 43'" SI.
to include: 181 surface paving; 181 storm sewers; i;><:J san~ry sewers; ~ curbs;
181 gullers;' 0 planter,strips; 181 street trees; 181 street lights; 181 sidewalks.
(b) TRAFFIC SIGNALS at the Intersection d
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RE:CEI\7 tI5MPRO\EMENTS 0
By:
DEe
Dlvi.101'1i of Chief Oepu\y Clerk
La.. Count.y Deeds and Recorda
2 2008
2008-056682
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AFTER RECORDING RETURN TO:
CIlY OJ' SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FlFlll STREET - SPRINGFIELD OR 97477
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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 imrrovements checked herein.
7. lEGAL DESCRIPTION:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA: Tax Map & lot No.: Map 18-02-05-21, Tax lot 9100
Property Address: 875 S. 43'" St SDrinofleld OR 97478
8. City agrees that Applicants execution and performance of the terms of the
Agreement will be deemed to be in compliance wllh ;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 Slate of Oregon, lane County or City.
10. APPLICANT AGREES TO SIGN ANY AND I'Ll WAIVERS,' PETITIONS,
CONSENTS AND All OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE
lISTED'lMPROVEMENTS 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, ~ the same
shall appear to the Applicant to bear inequitably or unfair upon said property of
Applicant. Applicant's acceptance of the norhc",u",;ranceeondition is in consideration
for the City's waiver of the requirement for the, immediate construction of the, public
improvements that the development necess~tes. 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 mailers 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'<hall 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 Recods.
NOTICE TO APPLlCANTIPROSPECTIVE PURCHASER
If you are the applicant or a prospective pUrchaserof 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 Iimlled to the payment for the public
improvements described in Section 6. This may resull 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 consulllegal counsel prior to its execution,
and understands that execution of the Agreement may; resutt in significant financial
obligations imposed upon the Owner of the Real ProperlY. Any prospective Purchaser
of the property burdened by this Improvement Agreement should also thoroughly review
this Agreement, consutt with legal counsel prior to purchasing the property, and
R 30 C En~Iti:~.iS Agreement may resutt in a significant financial obligltion imposed
TV'r:.'Of the Real Property described in Section l '
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WHEREFORE, the parties have hereunto set their hand this,
day of , 20<L1....
SIGNATURE'St 9(U~A' -/ K:(2'4.-
PRINTNAME($}: 71Y."
. STATE OF OREGON ,
COUNTY OF
} 88
9-3o-0li' J~...,'.. 1~_"kooh.
BE IT REMEMBERED that on this ';D day of <; t::P i-~~oo& before
me, the undersigned, a notary pub~ in an<<1 for said County and Stale, personally
appeared the within named ,...lAN'(.l:. (.. :r.A<..t.'::.OV
whose identity was proved to me on the basis of satisfactory evidence and who
executed the w~hin instrument and acknowledged to me that Slif _executed the
same freely and voluntarily.
IN TESTIMONY \/\/HEREOF, I have hereunto set my hand' and affixed my official seal
the day and year last above written. . 0/.,',. . {
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_ OFFICIAL SEAl.
, CHRIS MOORHEAD
. .. NOTARVPUBlJC..OREGON
COMMISSION NO. 427450
MY COMMISSION ElIPIRES MAR. 31,2012
Notary Public for Oregon
fV\A(LL(i 'S', z.o 12..-
My Co,mmission Expires
CITY OF SPRINGFIELD
Accepted by
~~
Dennis P. Ernst- City Surveyor
(No notary required)
STATE OF OREGON }
CoUNTYOF LANt: 58
BE,IT REMEMBERED that on this 13rJ.day of S e(ite""ber . 2008 before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Dennis P. Emst whose i:lentity was proved to me on the
basis of satisfactory evidence and who executed the within instrument 'and
acknowledged to me that he e~ecuted 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. .. 0
C(--:r, I.~ ~
Notary Public for Oregon
,
_ 0I'FIClAl.8I!Al.
CHRIS MOORHEAD
, NOTARY PlJ8Uc.oREGON.
E C E IV 2'[f~~s~:':.o2m2 -
DEe
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My Commission Expires
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Legal Description
EXHIBIT A
Beginning at a point in.the center ofa certain I"'~~Y'''''.;...) North and South road, which point is,
South 89',}O' East 437.12 feet from a point on the West line ofthe David Arthur Donation
,Limd Claim No. 47, Township 17 South, Range 2 West of the Willamette Meridian, 1827.1 feet
South 0' 03' West from the Northwest comer thereof, from said beginning point run South 89'
10' East 453.24 feel; thence South 0' 03' West 100 feet; thence North 89" 10' West 453.24 feet
to the center of said North and South road; thence North 0' 03' East 100 feet to the Place of
, Beginning, all being in Lime County, Oregon. ,
EXCEPT lMt certain tract conveyed by Deed from J. W.Motsinger and Emma Motsinger;
husband and wife, and Virgil F. Motsinger and Doris !, Motsinger, husband and wife, to Frank
E. Mecum and Lillian Mecum, husband and wire, Recorded June 4, 1947, Volume 349, Page
196, Reception No. 2-41208, Lime County Oregon Records,
RECEIVED
DEe 2 2008
By:
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IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(Ih Lieu of Immediate Construction of Public"lmprovement; includes. Waiver of Right to Remonstrate)
PRE-SUBMITTAL REC'O
JUN 0 3 2008
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City. and i0.n1C.(" X OO,r.J(.St'lI'1
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 Springfjeld 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
Spri.ngfield,
2. Applicant(s),desires Development Approval from the City with respect to the.tollowing
Development Application SuL:! l (j()Fj-('l(){')(') I
.' /4-. ." .
3, The development will cause both an, immediate and long-term demand on the various
publiC facilities of City and Lane County includirfg the speCific pubiic 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 otany 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 ttie 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 2s 00 rh W d -5 f.
to includE" IXI surface paving; ~ storm sewers; I2SJ sanitary sewers; ~ curbs;
IXIgutfers; 0 planter strips; 1&1 streettrees; ~ street lights;, IXI sidewalks,
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
(Bar Code Sticker)
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD..., PUBLIC WORKS DEPARTMENT - 225 FIFTH STRE,ET - SPRINGFIELD OR 97477
1:\f',N Forms a~d Applicabons\2007 August Improvemenl Agreement including NOti"';{,f Potentiol Ass.urn.n! Wen _ Individual,do(:
Pag.1m3
REVISED August 2007
~ ,.-'
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,
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
PRE.SUBMITIAL REC'D
JUN 0 3 2008
,7, lEGAL DESCRIPTION:
AKA: Tax Map & lot No,:'
Property Address: 875" ..fQJJ.rh J.f~~.l:d "Y/'IiJ' ~J(o./r:I CJIf 97"178
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 i~ 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 improyement 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 theheirs, 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 wili 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 iegal 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,
I:\PW FOnTS and Appl'ca~on.\2007 August ImplovementAgreemenl,nduc:ting Nobco of Pctonll.1 Asoosomont Lion; In<lividual.?,,"
Page 2013
REVISED Augus, 2007
I
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WHEREF,QRE, the parties have hereunto set their hand this
day of J J f"..e . 200 B .
S1GNATIIRCI061~/J!~""
PRINT NAMEISyJ..z-n '~e K~c:t:::.i 0::""
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~-cs--o:r
STATE OF OREGON }
COUNTY OF LA-N S 55
BE IT REMEMBERED that on thisL:;''B= day of '"1) N' . 200 9 before
me. the undersigned, a notary public in and for said County and State, personally
appeared the within named -J/I,(' ,'<-,- Id .c..Y,{ S"J'-..r,
whose identity was proved to me on the basis of satisfactory evidence and who
executed the ,within instrument and acknowledged to me that:S:n..e executed the
~ame freely and voluntarily,
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal
the day and year last above wrillen,
rU~~jA..,. , '/'l.. ~
- - ~..:............ . ..~!">7- ::--~---~..)
,--',' ~~---OFFICIALSEAL;
i~, REBEKKAH R KEHM i
i .:~! NOTARY PUBLIC-OREGON I
I 'V',/ COMMISSION NO, 414703 t
I MY COMMISSION EXPIRES FEBRUARY 27, 2011 I
s-_.-~-:-~-,-.---.-_. ~--:;----~
Notary Public for Oregon
;; -,)., .-11
My Commission Expires
CITY OF SPRINGFIELD
Reviewed and approved
By
(No notary required)
Development Services Department, Planning Division
Accepted by
PRE.SUBMITIAl REC'O
JUN 0 3 2008
Dennis p, Ernst- City Surveyor
} 55
BE IT REMEMBERED that on this'\ \ {h- day of Serre'/'. ~dL .2008 before
me, the undersigned, a notary public in and for said County and State, personaliy
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
STATE OF OREGON
COUNTY OF L.,^,~
IN TESTIMONY WHEREOF. i have hereunto set my hand and affixed my official n
the day and year last above written. ~ _ I
\:)\.N<:;-U~ Ik./
ary,Publlc for Oregon
MA-(/...LH 31, ?.Oll.
My Commission Expires
. OFFICiAl SEAl
CHRIS MOORHEAD
" NOTARY PUBUC-OREGON
COMMISSION NO. 427460
MY COMMISSION EXPIRES MAR. 31, 2012
,
1;\P'NForms.ndApplicaijonsI2007Augu.llmprovementAgreementlnduding Notioe ofPotenuaIAsse5smentUen_lnmvidual.do<:
REVISEDAugu.~ 20,07
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