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Home My WebLink AboutAgreement APPLICANT 1/9/2009 /' " CIVIL .~ Branch Engineering, Inc. ~ 310 5th Street. Springfield, Oregon 97477. (541) 746-0637. Fax (541) 746-0389 '\ PRINCIPALS: James A. Branch, P.E., PLS. Rene Fabricant, S.E., P.E. Michael Lane Branch, P.E. Damien Gilbert, P.E. Renee Clough, P.E. January 8, 2009 Lissa Davis Planning Department 225 Fifth Street Springfield OR 97477 Dear Lissa, Enclosed are five copies of the Bell partition plat LPPN 2009-P2326 and the paperwork that was recorded at the time of platting. Feel free to contact me if you have any comments or questions. Sincerely, ?-- Dan Nelson, LSI Branch Engineering, Inc. RECEIVED JAN 9 2009 By: ./ STRUCTURAL TRAFFIC / TRANSPORTATION SURVEYING Branch Engineering, Inc. 310 Fifth Street Springfield OR 97477 2~~9.~~06~~ I; 111111111111111111111111111111\\1111 $26.00 .hJ...-0,,5,,009000.lb4..101001>o 01/0712009 09: 24: 42 ~M Division of Chief Deputy Clerk Lane Counly Deeds and Records Recorded at the requestof and after recording return to: RPR-REST Cnl=l Sln=l CASHIER 05 $5,00 $10.00 $11,00 DECLARATION OF RESTRICTION BE IT KNOWN, that Robert and Leslie Bell do hereby declare a restriction over the following described property: SITUATED in the Northeast 1/4 of the Southwest 1/4 of Section 31 in Township 17 South, Range 2 West ofthe Willamette Meridian in Lane County, State of Oregon and described as follows: BEING all,of Parcel 2 of Land Partition Plat No. 2CJo9~ P23? {; recorded in the Lane County Partition Plat Records in Lane County, Oregon. as platted and SAID RESTRICTION, unless otherwise authorized by the City of Springfield, requires future access to Parcel 2 be limited to a single access point, located as far north as is reasonably possible, approximately 35 feet south of the intersection of the North and East property lines. IN WITN~SS WHEREOF, Robert and Leslie Bell have executed this Declaration of Restriction. on this t.f.. day of O(i.fz;klVAf' ,2008. tPbr?~ Robert Bell ~JS._ ~~j~ Leslie Bell STATE OF OREGON ) )ss ) . County of Lane There personally appeared before me the above named Robert Bell and Leslie Bell who are known to me to be the identical individuals who executed the foregoing instrument and do hereby acknowledge said instrument to be their voluntary act and deed. . .... ~oa~ ..-,~-<,,",-=--- ----~e~':"-;, --'''- - ~. r' . OFFICIAL SEAL .. , GAIL A WAISANEN I '-. j NOTARY PUBLIC, OREGON , ../ COMMISSION NO. 419581 j, ., __~~G.~M~I~SIO~ E::~~~ -!!I1,I:~,30!..!.,J,l Notary Public for Oregon My Commission Expires:~7..8. 2...0/1 RECEIVED JAN 9 2009 By:. < .After recording return to: Rex Betz, Branch Engineen..,;, Inc. 310 Fifth Street Springfield, OR 97477 .'- Division of Chief Depuly Clerk Lane Counly Deeds and Records 2009.0006~o $31. 00 111111111111111111111111111111111111111111111 11145036200901016450020022 01/0712009 09 :24: 42 ~M RPR-CONC Cnl=l Sln=l CASHIER 05 $10.00 $10.00 $11.00 CONCURRENCE for LANDS OF LESLIE L. BELL AND ROBERT E. BELL Whereas Citi Mortgage is the successor beneficiary to ABN AMRO Mortgage Group Inc., a Delaware Corporation which is listed as the beneficiary of a Deed of Trust dated June 26, 2007 held against a portion of or all of the lands described in Exhibit "A" attached hereto and made a part hereof; which Deed of Trust was recorded in Lane County Oregon Official Records July 2, 2007 as Document Number 2007-045135; Whereas Leslie L. Bell and Robert E. Bell, desire to record a Partition Plat creating two separate legal parcels; Know all men by these presents that Citi Mortgage hereby concurs with the platting and recording of said Plat as said plat partitions said lands. Dated this 'g-Ift day of Yefernber ,2008. CitiMo~eJIt1('. . ' By:~X//lM./L/ \ Title: lIiU Pre5/otertf printName:a-'l k:' ()1; 1 L~r State of ma r ti lewd.. , County of Ff-edf.nr.K On JJr..f'fm her ra-l-h f{ If) Illfr ACKNOWLEDGMENT ) )SS ){ ,2008 personally appeared the above na..'11ed who is the Vlt'f Pre6,defl. +- < ~ WYJ 0(;10\- W /0. c.s-- -.5iulI1d.r<<. IU. Pi Ci-l'E.. Notary Public for manj /O.I7J ~i rOmn1l6s,bfl EKPRE~ E1\tE D CONCURRENCE TO PLATTING Page I of 2 JAN 9 2009 Bv: EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHWEST Y. OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: LOT 39 OF OLD WINDMILL TRACT AS PLATTED AND RECORDED IN BOOK 13, PAGE 24, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY OREGON. RECEIVED CONGURRENCE TO PLATTING Page 2 of2 JAN 9 2009 By:. " " 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 Robert and Leslie Bell 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 ApplicationSUB2007 -00051 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 'B' Street & 33rd Street to include: 1ZI surface paving; 1ZI storm sewers; U sanitary sewers; ~ curbs; 1ZI gutters; 0 planter strips; 0 street trees; 1ZI street lights; 1ZI sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS RECEIVED Division of Chief Depuly Clerk Lane Counly Deeds and Records lO~~.~~Oc~c $46,00 - JAN 9 2009 1111111" 11111111111111111 1111111111111111111 01?450372~0~0000646e~40043 01/07/2009 09:24:42 AM RPR-AGRE Cnl=2 Sln=l CASHIER 05 $5.00 $20.00 $10.00 $11.00 By: AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Z:\2007\07-152 ANDERS HARSTAD BElL\SURVEY\FINAL PLAT'APPlICATION DOCUMENTS\lmprovemanlAgreemenl for 80TH Streels.doc REVISED August, 2007 Page 1 of4 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 improvementRr ~~Ea\m.fp D' therefore, differ from the list of improvements checked herein. . t: V I V I:: 7. LEGAL DESCRIPTION: JAN 9 2009 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY .~~ENCE AKA: Tax Map & Lot No.: 17-02-31-31 TL 3500 Property Address: 300 33rd Street. Sorinqfield. OR 97477 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, a~d 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. Z:\2007\07.152 ANDERS HARSTAD BELL\SURVEy\FINAl PLAT\A.PPlICATION DOCUMENTS\lmprovement Agreement for BOTH Streets.doc REVISED August, 2007 Page2of4 WHEREFORE, the parties have hereunto set their hand this day of OC-+-Ob~ , 20~ z.t.. SIGNA TURE(St PRINT NAME(S): 'Robe.~T c, '3c (( '-R~J €--B.R..{? L e.~ I,' -e... lSe.ll. ..-y:/... e.....::..- ~~c ~-- STATE OF OREGON COUNTY OF Oregon } 88 BE IT REMEMBERED that on this 'Z. t. day of 0 c~bex- , 20Q,L before me, the undersigned, a notary public in and for said County and State, personally appeared the within name<!:fob,.,.,..+ {; ~E' \ I t ~:5 \ Ie -0 e...\ \ 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. ~-------------------l' - . . OFFICIAL SEAL I.; GAIL A WAISANEN I \, .; NOTARY PUBLIC, OREGON i . . COMMISSION NO. 4195B1 [~_ _ _!'1:.C~~~~O~E~~~~'::.~,~O~_, ~ {} ~d Notary Public for Oregon .J LtJ u z.e. 2....6 1 I My Commission Expires CITY OF SPRINGFIELD Reviewed a~ap.pro~. ) _ .. . _ } B~. ~:VZ~,L7/~ ~.opmen1 Services Department, Planning Division (No notary required) Accepted by .~Q~~~/ Dennis P. -Ernst - City Surveyor RECElVED JAN 9 2'~~9 STATE OF OREGON COUNTY OF OreQon } 88 By~ BE IT REMEMBERED that on this J/ST day of 6('"7'"'0 f2.ER... ,2008 before me, the undersigned, a notary public in and for said Co'unty 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 exeGuted the same freely and voluntarily IN TESTIMONY WHEREOF, I h'" h",""to ,,' my hood ,"d affi"d my offid,' 'f') the day and year last above written.. . %'-1,/\j'v'{JL1),klt \) Notary Public for Oregon '-/ . . OFFICIAL SEAL . CHRIS MOORHEAD '. ; NOiAf\Y PUBUC-OREGON OOMMISSION NO, 427460 MY OOMMISSION ~IRES MAR. 31, 2012 ! fY\A,'l.-U( :> i \ 2.011 My Commission Expires Z:\2007\07-152 ANDERS HARSTAD BElL\SURVEY\F1NAL PLAMPPLICATION DOCUMENTSllmprovement Agreement for BOTH StreetS.doc REVISED August, 2007 Page '3 014 EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN THE SOUTHWEST Y. OF SECTION 31, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND DESCRIBED AS FOLLOWS: f. PARCELS 1 AND 2 OF LPPN 2008-P 2. ~26 , RECORDED 7.. ,hr?W"f/ , 20a8' IN LANE COUNTY PARTITION PLAT RECORDS, LANE COuNTY OREGON. 9 RECE\VED JAN 9 2009 By: Z:\2007\07-152 ANDERS HARSTAD BELL\SURVEY\FINAL PLAT\APPLlCATION DOCUMENTS\lmprovemenl Agreement for BOTH Slreels.doc REVISED August, 2007 Page4of4