The URL can be used to link to this page

Home My WebLink AboutAgreement APPLICANT 12/21/2007 .~'-"":,>, r Di~isiQn of r" Deputy Clerk Lane Counly ~a~ ~nd Records ^ ( '" ... -, ~~~/.~/M~j 111111111111111111111111111111111111111111111 $4100 ,,09584,,22t3070<l78(1230030036 . 11/20/2007 01 :59:37 PM RPR-~GRE C"l=2 Sl"=1 C~SHrER 05 $5.00 $15 00 $10.00 $11.00 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; includes Waive( of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfieid, hereinafter referred to as City, and TUAN BUI hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows: . ) . l' 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 willl the City of Springfield. .- 2. Applicant(s) desires DevelopmentApproval from the City with respect to the following Development Application Ql'inalt SIJbdivision Citv of Sl2ringfield Jo. No. SUB2006-00055 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 9s 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 appiication. 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 undeliake 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 wouid be apportioned if. the improvements were constructed immediateiy or by Applicant now or later. (c) Applicant acknowiedges 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 FAiRVIEW AVENUE to include: D surface paving; D storm sewers; Dsanitary sewers; U curbs; D gutters; D planter strips; D street trees; ~ street lighls; D sidewalks. (b) TRAFFIC SIGNALS at the intersection of None AJI (c) OTHER IMPROVEMENTS None r'c""""'~n '''''''''D: i .~. H ~. ':"?" .ff. ~ R, .~. ,."" ~ " " [",,, !, Il:. 'Ii...", ~ "iJ &.w, AFTER RECORDING RETURrnO' D . '''fi'i-{~Ol CITY OF SPRINGFIEW - PUBLIC WORKS DEPARTMENT - 225 FIFTH STRJiJJ,/--"'PRIN"'.'.' ':UlR-lJ.7417 S:\3464\final plalllrnprQvemenl Agreemenllncludlng NoUce of Potential Assessmem Lien" Indivlaual.doc REVISED OCIOlJer, :<004 Page 1 0(3 ( .--. ...--.; Applicant acknowledges that the lishof marked improvements reflect those that would . currently be required under the appropriate City codes and ordinances. Applicant acknowledges that it understands thcll the improvements made will be those required to bring the street to full urban standards for the the.,n 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 che.cked herein. 7. LEGAL DESCRIPTION: , Lot 9 and Lot 10. of the Quinalt Subdivision as platted and recorded in the Lane County Official Records, Lane .County, Oregon. . 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 iaws 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 acc,eptallce 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 doe.s not waive a property owner's right to comment on the proposed district or any related matters orally or ill writing. 11. It is the intention of the parties hereto that the covenants herein contained shall run wilh the land herein described, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties h'ereto, 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 appiicant 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 iien on the Real Property described in Section 7 and significant costs to the Owner and Purchasers, and their Ileirs, successors and assigns. An Applicant's signature on this Agreement indicates that the Applicant has thoroughly read this Agreement, understands it, has had the oppOliunity to consf,J1t legal counsel prior to its. execution, and understands that execution of the Agreement may result" in significant financial obiigations 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 mairesult in a significant financiai obligation imposed upon any Owner of the Real Property described in Section 7. RECEI\lED S:\3464\final plElI\lmprovemenl Agreemenllnclucling Nollee of Potential ASS~5snlenl Uen, Indivldual.doc Paga 20(3 By: '. 'I' ... ?ev;bl~b{JJ ,( -, .-, "-."'.' . ,', WHEREFORE ',the partjl"s I~ave hereunto set their hand this clay of )0V..L2-wlj/ZJLr ,20~ . '1t;b. z4'~/. v' ./' .- By -'- _<fO:-...---z..- .. ~R_- h' _~ ......-~ "'" - Tuan Bui Applicant '- STATE OFOREGON COUNTY OF Lane } SS '1et' /' I.~ I I 2007 b f BE IT REMEMBERED that on this day of V/'ufl-V.vf2>LV' '_ e ore me, the undersigned, a notary public in and. for said County and State, personally appeared the within named Tuan Bui whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to Inethat he executed the. same freely and volu'ntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. . . . . ~c't-o"L~A.j jVV'JLIJ~ Notary Public for Oregon r /;8' /z-() 1/ My COlTlmissioll Expires rr-- OFFICIAL SEAL SUSA'l G STOVAll . . NOTARY PUBLIC - OREGON COMMISSION NO. 420738 W COMMISSION EXPIRES SEPT. 16,2011 , CITY OF SPRINGFIELD By f}hhk.Y-/lL_Y/- Dennis.P. Ernst - City Surveyor .STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this'll'" day of:. ^b';~J'1 !f(rA. ,200I__before me, the undersigned, a notary public in and for said County and State, personally appeared the wiihin named Dennis. P. Ernst whose identity was proved to me on the basis of satisfactory evidence and who e~ecuted the IYithin instrulnent and acknowledged to me that he execute~ the same freely and voiuntarily , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. I! .' , -~'-:---:::.;.z'~~~-::~~ ,;~ OFFICiAL SEAL I :,' REBEI\I<J.\H R I<EHM j j. NOTARY PUBLIC-OREGON , ,'. '.V COMMISSION NO.4) 4703 . J . b___"~.&,~r-i~~~~~~~~~~:?~~~~~ G-)' J-'l.. ;:;Ze:, 1\ . Notary Public for Oregon t2(J:lQJtJ~/~- \fL. -f<<,-U-u----.._ My ComlTlission Expires . """"~l\vED RECt:~' ... ",..i .... By: 11---'21-D7 S:\3464\!lnal pla(\lmprov~l~lfHl1 Agreement (ncludi09 Notice of Potential As~essrnenllien -lndlviduF~l.doc ! Page3013 REVISED Oclober, 2004