HomeMy WebLinkAboutDeed APPLICANT 12/3/2008
PLAT
DOCUMENT # .
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Division of Chief Deputy Clerk
Lane County Deeds. and Records
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This document is
. Land Partition Plat No.
2008-P2317
Owner: Kellv V. Sullivan
Dedicatee: City of Soringfidd
Twn. 17S Rng. 3W Sec. 25
-LANE COUNTY DEEDS & RECORDS
--L - Parcels
---L - Stickers
--L.- Res.. Numbers
Date Received:.
DEe -3 2008
Final Submittal
. AFTER RECORDING RETURN TO: . .
Lane County Surveyor's Office
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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 ,KELLY V. SULLIVAN .
hereinafter referred to as Applicant(s), do covenant and -agree with respect to the real
property described below as follows: -
1. A'pplicant(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 8ity with respect to the following
Development Application' SUB2007-00042
3. The development will cause both an -immediate and long-term demand on ttie various
public facilities of City and Lane County including the specific public improvements
necessitated by the development assetforth 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 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.
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5. (a) Applicant and City agree that Applicant will pay the cost of the folloINing public
faCility. improvements described in Paragraph 6 in accordance with respective cost
. assumption policy established by: C.ity ,at the time the City determines to undertake
. and complete such public improvement~.
(b) Applicant and City acknowledge and agree that the cost of such improvements
and the portion thereof tb be paid by Applicant are presently unknown and 'may be '
greater, than the costs tliat 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: D surface paving; i:8J storm sewers; U sanitary sewers; .16] curbs;
i:8J gutters; D planter strips; D street. trees; ,i:8J street lights; i:8J sidewalks.
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(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
Date Received:
". D'lvlslon of Chief Deputy Clerk
, Lane County Deeds and Records
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11139553200800644870040043 . .
, 12/02/2008 01: 25: 44 PM
,RPR-AGRE Cnt=2 Stn=l CASHIER 05
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DEe .; 3 2008,
Final Submittal
AFTER 'RECORDING. RETURN TO;
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
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REVISED August, 2007
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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 thatthe 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 fr6'm the list of improvements checked herei.n.. ' .
7. LEGAL DESCRIpTION:
SEE ATTACHED EXHIBIT "A"
J
AKA: Tax Map & lot No.: 17-03-25-24:2400
Property Address: 1641 S STREET
8, City 8gree$ that Applicant's execution and p'erformance 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.
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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 OTHI;R QOCUMENTS NECESSARY TO OBTAIN THE ABOVE'
, LISTED IMPROVEMENTS 'UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF
THE STATE OF:OREGON, LANE COlJNTY, 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 be,ar inequitably or unfair upon said property of
Applicant. Applicanfs 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 irnprovernent agreement waives
the property owner's right to file a written remonstration. It does not waive a property
owner's right to comrrienton 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 su~cessors of the parties hereto, and shall be construed to be a
benefit and a burden upon the prop~rty herein described., This' Agreement shall be
recorded in .the Lane County Deed Records.
NOTICE '10 APPLICANT/PROSPECTIVE PURCHASER
If you a~e the applicant or a prospective purchaser of this property, you are advised to
discuss this Agreement with an Attomey 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
irnprovements des'cribedin 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 legai 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 Agreemerit, consult with legal counsel prior to purchasing, the property, and
. understand that this,Agreement may result in a significant financial obligation irnposed
upon any Owner of the Real Property described in Section 7.
Date Received:
DEe - 3 2008
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Final
'omittal
REViSED Augusl..2007
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WHEREFORE, the parties have hereunto set their hand this
day of / ~ AJD 15k fVl j) 6-Ic, 2008. '
SIGNATUREJS\ (~.x~~. J iu~ .~
PRINT NAME(S): KELLY V. SULLI'I'AN
, STATE OF OREGON
COUNTY OF LANE
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BE IT REMEMBERED that on this / z.. day of M-?v'EI'l13i:-fZ , 2008 before
me, the undersigned, a notary public in and for said County'and State, personally
appeared the within named KELLY V. SULLIVAN .
whose identity was proved' to me on the basis of satisfactqry evidence and who
executed the within instrument and acknowledged to me that /-It:: 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.
~~
, <-~ofary Public for Oregon
, ",." _ _ .::. ',':,", ~ ._-__'!""OII_,_ '_". "_" ____~
...., --.' OFFICIAL SEAL . I 7"/'7/ ,..,
. S E SWANSON. --' I (../
: ! NOTARY PUBLIC. OREGON" . . .
\'. ',"" COMMISSION NO. 426038 t My Commission Expires
MY COMMISSION EXPIRES MARCH 7. 20U
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CITY OF SPRINGFIELD
Reviewed and roved . // '"/'1 .' )
B /0 'P-::/.7.F;.c'7~) /('J-:7/f?k@~
opment SerVice~ 0''''fi;:;rtmeht, Planning Division '
(No notary required)
Accepted by
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Dennis P. Ernst - City Surveyor '
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IN TESTIMONY WI-iEREOF, I have hereunto set my.hand and affixed my official seal
the day and year last above written.
I). OFFICIAL SEAL
, CHRIS MOORHEAD
\. J NOTARY PUBUC-OREGON .
.' COMMISSION NO. 427460
MY COMMISSION EXPIRES MAR. 31, 2012
9(-tI\~~',\ Q
Notary Public for Oregon
(Y\ f\ ,:2.c.H ;5 i
My Commission Expires
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G::Oare~@_d:
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LEGAL DESCRIPTION
OF
PROPERTY
FOR
SULUV AN
,
]':XHIBIT "A"
A tract of land in the northwest one-quarter of Section 25, ToWnship 17 South, Range 3 West,
Willamette Meridian, City of Springfield, Oregon, more particularly described as follows;
. Commencing for reference at a Si8 inch rebar marking the southeast comer of Lot 7 of Ronald'
Park as platted and recorded in Book 14, Page 13, Lane County Plat Records, Lane
County, Oregon;
Thence North 89053'15" West 180.16 feet to a point;
Thence North 00013'09" East 91.20 feet to a 5/8 inch rebar and the TRUE POINT OF
BEGINNING;
Thence North 00004'03" East 177.53 feet to a 5/8 inch rebar; ,
Thence North 89054'30" West 1 00.00 feet to a 5/8 inch rebar;
Thence South 00004'03" West 177.35 feet to a 5/8 inch rebar;
Thence South 89048'37" East 100.00 feet to the TRUE POINT OF BEGINNING.
Date Received:
. DEe -.3 2008
Final SUbmittal
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BARGAIN AND SALE DEED'
Tax Map & Lot Numbers
17-03-25-24;2400
(on the date of execution)
KNOW ALL BY THESE PRESENTS, that KELLY V. SULLIVAN , Grantor(s), in
Consideration of the acceptance by the City of Springfield, Oregon, Grantee, and the use or holding of said
property for present or future public use by Grantee, Grantor hereby grants, bargains, sells and 'conveys
unto the said Grantee, its successors and assigns, ail the foilowing real property, with the tenements,
. hereditaments and appurtenances, situated in the County of Lane and State of Oregon, bounded and
described as follows: ffie.m,r{-Igeffi--rS.JC f.:.::-eH::e-Atf-Per-!i'Refl-PIat-Nt/;./.:.:. ;:9G8-F' , .:~ ~:aHe;; ,:,',;;
-ree:.;-j.:,.:J ':'.-, 3ler:\'.... F:~.:...::.~~;.::.,-, :..J...,-,-r::'~,- 2at:3 ---l.'~G1'-'c 3et:tflly dcc6~F1cvo,"d, t.i.H-'C 3el:fftt-y;-8r-e@eft-:
..,.....e. ':'tJ":'~;{;""u;.:y ~l.u~ fJ....'~\....,1 ..1 .:l"';":: ;-;O;-wl.;J:,;", ;"::cll~iC....":: U~ cA " ::579::' n;J~ fJJolic. acaiGaL:..,., ;\::..,-
'-0G1d'1r~
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
THE SAME IS HEREBY and forever dedicated to the public to be used as PUBLIC ROAD.
TO HAVE AND HOLD, the above described and granted premises unto the said Grantee, its successors
and assigns forever.
. THE CONSIDERATION for this conveyance is 0
IN WITNESS WHEREOF, the Graf1i\>rs above named have hereunto set their hands and seals this
I 2 day of IV fh) b-JII/\ I, S f- J-c.. , 20~ '
Signature(s);K~ \)~b-IOt ~
,Print name(s): KELL Y V~ ::;uLLlvAN ..
STATE OF OREGON
COUNTY OF LANE
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BE IT'REMEMBERED that on this / Z day ~f ,MVt71i3tfl. .2008 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within named
KELLY V. SULLIVAN . whose identity
was proved to me on the basis of satisfactory evidence and who executed the within instrument and
acknowledged to me that 1-/6- executed the same freely and voluntarily.
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,IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officiai seal the day and year last
above written.
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. NOTARY PUBLIC. O. R,E 60N - Notary Public for Oregon
COMMISSION NO. 426038 .
MYCOMMISSIONEXPI~E~~~~7:;:2:o..., .3/7/1 L..
, My Commission Expires
THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a
Municipal Corporation of the State of Oregon,'is 'hereby approved, and the title or interest cOlJll.eyed ltlerein. d'
is hereby accepted. uate Kecelve .
. CITY OF SPRINGFIELD
By:
jJ~~~y
Dennis P. Ernst - City of Springfield Surveyor
DEe - 3 2008
;
.M,v. I? 3"!J'lDlJ~bmittal
bate
Division of Chief Deputy Clerk
Lane County Deeds and Records
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RETURN TO: CITYOF SPRINGFIELD. PUBLIC we R~s
p~PT. 11.5 E>t" ST. ~Pfl.I/J6FII!;...O Oil ~l'ft ~
SEND TAX STATEMENT TO: CITY OF SPRINGFIEI,O
F""~"'(f OEPT. Z:Z6S1~Si.UI<IJJ6FIEI./)Oe n'n~"
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01139552200:00644860120022 , .
, 12/02/2008 01: 25: 44 PM
RPR-DEED. Cnt=l. Stn=l CASHIER 05
$10.00 $11.00 $10.00
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LEGAL DESCRIPTION,
OF
ROADWAY DEDICATION
FOR
SULLIVAN
EXHIBIT "A"
A twenty-five (25.00) foot wide tract of land in the northwest one.quarter of Section 25,
Township ] 7 South, Range 3 West, WilIamette Meridian, City of Springfield, Oregon, more
particularly described as follows;
Commencing for reference at a 5/8 inch rebar marking the southeast corner of Lot 7 of Ronald
..' Park as platted and recorded in Book 14, Page 13, Lane County Plat Records, Lane
County, Oregon;
Thence North 89053'15" West 180.16 feet to a. point;
Thence North 000] 3'09" East 91.20 feet to a 5/8 inch rebar;
Thence North 00004'03" East ] 7753 feet to a 5/8 inch rebar and the TRUE POINT OF
BEGINNING;
Thence North 89~54'30" West 100.00 feet to a 5/8 inch rebar;
Thence North 00004'03" East 25.00 feet to a point on the Centerline of"S" street;
Thence South 89054'30" East, along said centerline, I 00.00 feet to a point;
'Thence, leaving said centerline, South 00004'03" West 25.00 feet .to THE TRUE POINT OF
BEGINNING.
Date Received:
DEe :-.3 2008
Final Submittal