HomeMy WebLinkAboutAgreement APPLICANT 12/31/2008
.' .
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 Duane A. Knights and Susan E. Knights
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 SUB2007-00014 (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 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.
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 jf 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 Garden Avenue
to include: ~ surface paving; ~ storm sewers; l6I sanitary sewers; l6I curbs;
~ gutters; 0 planter strips; ~ street trees; ~ street lights; ~ sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
~~~~.~o1~1~
11111111111111111111111111111111111111111111111 $41. 00
01042349200801670100031036
12/19/2008 09:25:38 AM
RPR-NTPOLIEN Cnl=2 Sln=6 CASHIER 07
$5.00 $15.00 $10.00 $11.00
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
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. Planner: AL
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.
,
7. LEGAL DESCRIPTION:
Parcel 1 of Land Partition Plat Number 2008-P 232/ as platted and recorded on
....L2_/)rr. , 2008 in the Lane County Oregon Partition Plat Records.
AKA: Tax Map & Lot No.: 18-02-06-42 TL 2600
Property Address: 3600 Garden Avenue
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
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 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 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 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
upon any Owner of the Real Property described in Section 7.
Dat~ l'{eceived:
Z:\2006\06-205 KnightlSURVEY\application\Jmprovemenl Agreement Garden Ave new.dPlanner: AL
Page2of3
/.2-~1 PatJ,f'
I REVJSED August; 2007
WHEREFORE, the parties have hereunto set their hand this /,5
day of , 2008
-~.~
-' ~-'''~ ;f~cf'-~
SIGNATU~!"JS
PRINT NAME(S):
STATE OF OREGON
COUNTY OF Lane
} SS
BE IT REMEMBERED that on this_IS day of tJ()hbe:--r<., , 20~ before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Duane A. Kniqhts and Susan E. Kniqhts
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.
T ,.-._==._"'-.:.......:...-..-..:....:...'..-"r
" -.- - . OFFICIAL SEAL '
I" ; GAIL A WAISANEN I
'\, ./ NOTARY PUBLIC - OREGON l
" / COMMISSION NO. 419581 ,
I MYCOMMI5510N EXPIRE5J.ul)'2~,~O!.!_i
,':""--~~.~_._~:..~----_.~.-._... - -
~ aIL?
Notary Public for Oregon
0u\l.1. 28 : UJI/
My Commission Expires
CITY OF SPRINGFIELD
Revie~ppr@ed
B.~ ~2'\.n V~ "
Jopmen~es Department, Planning Division
(No notary reqUired)
Accepted by
Dennis P. Ernst - City Surveyor
STATE OF OREGON
COUNTY OF Lane
} ss
"-
BE IT REMEMBERED that on this 8 day of 'uer:.E:r''W.2>c:Q..... , 200Lbefore
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.
-~-...-
. OFFICIAL SEAL
GUY R DENT
' :', , .:; NOTARY PUBUC.{)AEGON
, COMMISSION NO. 399556
MY COMMISSlpN EXPIIlES NllV 14,2009
11".. ~ 9~
~blic for Oregon
NDV 14- 2c6~
My Commission Expires
w.."........,......,:..~...""...............
U<.tkl {;.aceived: /olja 1/.JbOJ"
Planner: AL
Z:\20Q6\D6-205 KnightISURVEY\application\!mprovemenl Agreement Garden Ave new.doc
REVISED August. 2007
Page3of3
'; ."
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 Duane A. Knights and Susan E. Knights
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 SUB2007"00014 (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 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.
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 Laurel Avenue
to include: ~ surface paving; ~ storm sewers; l6I sanitary sewers;
~ gutters; 0 planter strips; 0 street trees; ~ street lights;
l6I curbs;
~ sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
- Division of Chief Depuly Clerk
Lane Counly Deeds and Records
2~~~.~m~~
Datel Received: I 2-/:r /.)oIJJ
Planner: AL
111'"" /11111111111111'11111"11111 1111111111111 $41,00'
01042348200800670090030039
RPR NTPOLIEN C l 2 Sl 1211912008 09:25:38 AM
- n = n=6 CASHIER 07
$5.00 $15.00 $10.00 $11.00 .
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
2:\2006\06-205 Knfght\SURVEY\appllcatiOfl\lmprovemenl Agreement Laurel Ave new.doc
REVISED August, 2007
Page 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 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:
Parcel 1 of Land Partition Plat Number 2008-P2~// as platted and recorded on
/9 frc. , 2008 in the Lane County Oregon Partition Plat Records.
AKA: Tax Map & Lot No.: 18-02-06-42 TL 2600
Property Address: 3600 Garden Avenue
8. City agrees that Applicant's execution and performance of the terms of the
Agreement will be deemed to be incompliance 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 W.AIVEALL 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 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 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 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 sholJld 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
upon any Owner of the Real Property described in Section 7.
Z:\2006\06.20S Knighl\SURVEY\application\lmprovemenl Agreement Laurel Ave new.doc
DatEl Received: /ob?I40..r
Planner: AL / REVISED A,g"l. 2007
Paga2.of3
WHEREFORE, the parties have hereunto set their hand this
day of frM...hPr- ' 20~
SIGNATUREJS': ~
PRINT NAME(S):
/-f
-7d~-~;:'~~0
/'
STATE OF OREGON
COUNTY OF Lane
} SS
BE IT REMEMBERED that on this J 3 day of !)c-ft1be R ,2008 before
me, the undersigned, a notary pubiic in and for sa'id County and State, personally
appeared the within named Duane A. Kniqhts and Susan E. Kniohts
whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged to me that thev 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
'/8 OFFICIAL SEAL :.
f " GAIL A WAISANEN'.
I', J NOTARY PUBLIC - OREGON I
" ,/ COMMISSION NO. 419581 j
^ MY COMMISSION EXPIRES JULY 28. 201! _ ~
('--_.-~--..-.-.-..-".--- ~;-.'.'~-"-' .,
M (}ea ~
Notary Public for Oregon
..j~\~ 1-fL7C'/!
My Commission Expires
CITY OF SPRINGFIELD
Reviewed a~pproved ,// , . _ _ _ ~)
?y~~~r~ ~~y-
~velopment Service's-eepaftment, Pla~ning Division
(No notary required)
Accepted by
Dennis P. Ernst - City Surveyor
STATE OF OREGON
COUNTY OF Lane
} ss
BE IT REMEMBERED that on this 8).,.. day of 08-eK.U ee. , 200Lbefore
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~
Notary'Fublic for Oregon
. OffiCIAL SEtJ.
GUY R DENT
" ..... NOTARY PUBLIC-OAEGO/.;
" COMMISSION NO, 3S9555 ;
MY COMMISSION WillES NtlV 1-1,2009 ;
NC,I/, 1(..' ,,<::><:>'1'
My Commission Expires
............-....... W" ...... ",..,' .,....,....~...........^"..'''TI~.''',.,'..;.'..
Date, r<ectl'V;;;;u
Planner: AL
I""/;I }tao,!
, ,
Z:\2006\06-205 Knighl\SURVEY\appUcalion\lmprovement Agreement Laurel Ave new.doc
REVISED August, 2007
Page3of3