HomeMy WebLinkAboutResolution 96-32 08/19/1996
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RESOLUTION
NO. 96-32
Intention to Improve
WHEREAS, the Springfield City Council has authority to initiate the
construction of public improvements in the City of Springfield pursuant to the
provisions of Sections 2.1.2 through 2.2.9 of the Springfield City Code, and
WHEREAS, the Council has deemed that the construction of Street
Improvements "along South 41st Street, from Main Street to 450 Feet South, and
Vicinity (Project 1-995), will be of future benefit and fulfills the public
need for a complete, integrated, fully improved public, improvements system in
the City of Springfield and a necessary, convenient and publicly beneficial
addition to such system in the City, and will also provide a particular and
specific benefit to certain properties in that said improvements will directly
serve, broaden the use of, and increase the value of such properties.
NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of
Springfield hereby declares its intention to initiate the construction of
Street Improvements along South 41st Street, ~rom Main Street to 450 Feet
South, and Vicinity (Project 1-995), and to assess all property to be
benefited by said construction of this improvement.
BE IT FURTHER RESOLVED that this Resolution is a declaration of intent
under United States Treasury Regulation Section 1.103-18.
BE IT FURTHER RESOLVED that the City of Springfield reasonably expects
to reimburse the expenditures incurred to construct the aforementioned
improvement with the proceeds of a future debt issue to be incurred by the
City. The maximum amount of debt expected to be issued for the purpose of
reimbursing expenditures for this project is $200,000.
BE IT FURTHER RESOLVED that the City Engineer of the City of Springfield
is hereby directed to prepare and submit to the City Council a report to
include the plans, specifications, estimated total cost and assessments of the
above-named public improvement.
BE IT FURTHER RESOLVED that the City Recorder of the City of Springfield
is hereby directed to cause the posting and publication-of the notice of
public hearing to be made as required by law.
Adopted by the Common Council and approved by the Mayor of the City of
Springfield, Oregon, this 19th day of AUQust 1996
Adopted by a vote of 6 for and ~ptzzl\U ~~
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City Recorder'
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L,r,TE: =_ ~ ;'\ \ ~, - ~_~
OFFICE OF CITV ATTOfU\!EY
CfTY:
t~r~~Lu'~(~~::IEL.D
Resolution No. 96-32
Page 2
PETITION FOR IMPROVEMENT
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Sponsor: Miles Investments L. L. C.
'P.O. Box 237
Address: Florence, OR 97439
Phone: (541) 997-3882 .
Date:' June 12, 1996
To the Mayor and Common Council
City of Springfield, Oregon
Gentlemen:
We, the undersigned, being owners of property to be benefitted, do hereby petition the Common
. Council to initiate the following local )lJ1provement:
Petition to improve SOUTH 41ST SI'REET BEGINNING 30 FEET SCXJl'H OF THE CENTERLINE
OFl1AIN STREET AND ~vrrENDING SOUl'H A DISTANCE OF 219.66 FEET.
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By constructing new sidewalks, concrete driveway approaches between property line and back df
curb, concrete curbs and gutters, crushed rock base, asphalt concrete pavement, streetlights and
.other work incidental thereto, all to plan and design as will be recommended by the City Engineer
'and approved by the Common Council.
~osts for the above, work will be charged as follows:
1,
Sidewalks and driveway approaches, sanitary sewer extensions (laterals or service
lines), 100% of the project ~ost will be assessed to the' benefitted property, except
as modified by Federal, State, or County Financial Assistance Programs,
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2. All other costs incidental to the street improvement work will be shared by the
benefitted property and the City at the ,current City policy of participation in effect at
the time the petition is submitted.
It is further understood that this project will not be accomplished until each and every affected
abutting property owner has properly, completely, and legally deeded to the City that portion of his
property, regardless' of position and quantity, to result in providing for street right-of-way of
sufficient width for the necessary facilities.
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It is, understood by the petitioners that the .costs of the improvement shall be borne by the
,benefitted properties in accordance with State Law(s) and the Charter and Ordinances of
Springfield.
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CIS ED #73-2
ATTACHMENT B-1
Resolution No. 96-32
Page 3 '
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NAME
SLOG/
VACANT
ADDRESS
STATUS
OWNERSHIP FRONTAGE
Miles Investments L.L.C.
4095 Main St. V
Springfield, OR 97478
(Assessor's Map #
17-02-32-32
TL 4500)
Deed
209.66
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MILES INVESTMENTS L. L . C. ,. ,- A .
By G~~/e~fj~ \
~vet'e ~. ~ s, r., Me _______
*David A. Tentinger and
Janet R. Tent~nger,
husband and 'wife
4105 ,Main Street B
Spr~ng!~eld, OR 9/4/B
. (Assessor's Map #
17 02 ~2-~2
TL 2900) ,
Deed
209.66 .
~See the attached copy ot Improvement Agreement recorded ~n the Lane County
Records on.March 22, 1989, Reception No. 8912333, pursuant to which O. B.
5i\.:j\.:jo, Jr.. am] Chr: lotiIle 51S9Bd\.:jreed cu che improvements soughc herein and
waived the right to r~monstrate against the tmprovements. That document
speci!~cally prov~des cnac tne covenancs conca~nea cnere~n run Wlcn tne land
. and are binding on the Biggs' successors in interest. David and Janet
~ent~nger, as successors ~n ~nterest ~o O. B. B~ggs, Jr. and Chrlst~ne B~ggs,
are bound by the'terms of the Improvement Agreement and that agreement serves
as the~r pet~t2on and consent to the ~mprovements sought here~n.
CIS ED #73-3
ATTACfiMENT B-2
Kesol.uti on
-:Page 4,.
N~1.~333
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ATTACHMENT ,A
. Begi nni ng at a poi nt on the South 1 i ne of the McKenzi e Hi ghway 18.'5 feet South
and 86.625 feet West of the Northeast corner of Lot 4, of FREDERIC, as platted
and recorded in Book 4, Page 67, Lane County Oregon Pl at RecordS, in Lane
County, Oregon; thence Squth 211.16 feet to the South line of said Lot 4;
thence ,West 86.6'25 feet to the Southwest corner'of said Lot 4; thence North
along the West line. of said Lot 4, 211.16 feet to the Southline of said _highway
thence East along said highway 86.625' feet to the place"of beginning, in Lane
County, Oregon.
EXCEPT ,THEREFROM: A parcel of 1 and lyi ng in Lot 4, of FREDERIC, Lane County,
Oregon; the said parcel being, described as follows: Beginning at the
inte.rsection of the East line of 41st Street with the South line of the
existing McKenzie Highway; thence East along s"aid South line 25 feet; thence'
Southwesterly ina stralght line to said East line ata point 25 feet South of-
,the point of beginning; thence North along said East line, 25,feet to the point
of beginning, in Lane County, Oregon.
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A1'TACHMENT ~B;:3 ,-' -,' -.
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Resolution NO.
Page 5
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891.2333,
IMPROVEMENT AGREEMENT '
IN CONSIDERATION of the covenants herein red ted, the Ci ty ~of Springfield,
hereinafter referred to as City, and 0.0. oiqqs dr, and Christine Diggs
he'reinaf ter re ferred to as Applican t, do covenan t and agree as follows:
III1EREAS Applicant desires Development Approval from City; and
III1EREAS,
cause both an
City;
any future
immediate
development within City or its Urban Growth Boundary will
and long-term demand on the various public facilities of
NOli THEREFORE, 'Applicant and Ci ty agree to the following schedule of public
facility improvements and respectiv~ cost assumption policy:
STREET IMPROVEMErrrS along th~ frontage' of South 41st Street
to include: P<J surface paving; !XI stor'm sewers; [>I sanitary, sewers; V<I curbs;
I'l gutters; VI planter strips; W street trees; l>I street 'lights; ,M sidewalks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS:
'LEGAL DESCRIPTION, (Place here or see Attachment A)
~AR.22'B9HOSREC
ADDITIONAL INFORMATION: 17-02-32-32
Assessor's Mapll
02900
Tax Lotll
10.00
4105 Main Street
Property Address'
IT IS PURTHER, UNDERSTOOD that 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 as may be proposed or adopted and to waive all right to remonstrate
against such improvements, but not the right to protest the amount or manner of
spreading the assessment thereof, if the same shall appear to Applicant to bear,
i,nequi tably or unfairly upo,n said property of Applicant;
NOli THEREFORE, City, agrees that Applicant's execution and performance of the
terms of this 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, the
said Applicant shall be entitled to Development Approval; and
IN ADDITION, 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 benefi t and 'a burden upon' the property herein described.
This Agreement shall be recorded in the Lane,qounty Deed Records.
IIHEREFORE,
/'111'(2 C 11
the' parties have set their hand and seal this I~'~day of
19~.
CITY OF SPRINGFIELD
225 Fifth Street
,Springfield, Oregon 97477
, By l Q~ . ~,~~K...
Director f Public 1I0rks
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APplcan', ' '
By ~rL~i...., it 7) ..tJ.'-'}r
Appl ant
STATE OF OREGON )
, , ) ss.
COUNTY OF LANE )
1371!...dayof '/"f/frZCI/
and sl n d the above document.
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# 148
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ATTACHMENT C