HomeMy WebLinkAboutEasement Correspondence 1987-9-21
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esPRINGFIELD .
CITY OF SPRINGFIELD
Office of Community & Economic Development
September 21, 1987
Mr. and Mrs. Brashnyk
":'...',"; ..::, .3070 Yolanda Street
)'itC...:.", Springfiel d, Oregon 97477
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;~;~;..{;,:-- 'Subject: Development Agreement and Public Utility/Sidewalk Easement for 5150
'\:;~'?~i~;;;'I,~~:..', , Mai n Street"
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".(,",:C;:'i,,: Dear Mr. and Mrs. Brashnyk:...
fi!:'~~'f"":~n'~'losed is your copy of the Development Agreement 'or 5150 Main Stl:e~~
;"'i~;'c:.: the Easement which was prepared for a public utility ~.k""1"-8-L",,, ;,;"i"
',' "',,~ . Street. The Easement form will need to be signed by both of you and recorded
... ,:'. :,. through Lane County. Pl ease return the ori gi na 1 recorded Easement to thi s
,ii'.:'::, office. . '
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If you have any questions, please feel free to call Associate Planner Gary
Karp or myself.
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. Cordially,
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.. (;~ !).c.cV;;(: iVtJiflLe-A-J
" ", 'Y. thia L. Harmon
."," ",.,. evelopment Permit Coordinator
cc: Gary Karp, Associate Planner
Lorne Pleger, Plans Examiner
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,225 North 5th Street . Springfield. Oregon 97477 · 503/726-3753
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVE~OPME.NT .AGREEMENT, hereinafter "Agreement", is entered into thisOJ./B-I-
day of ..s~!;gf, 1987 (the "Effective Date") by and between the CIIY Ur
SPRINGFIELD, hereinafter "City", and ANATOLE BRASHNYK AND JEANETTE BRASHNYK
hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3),
3.080(3), 3.090(3), and 3.100(3).
REC ITALS
WHEREAS, on the 27th day of August, 1987, the City approved Site Plan
Application submitted by the Applicant for the purpose of allowing:
The change in use of a single family house at 5150 Main Street (Assessor's Map
17-02-33-32 Tax Lot 2900) to a barber shop.
WHEREAS, in consideration for Site Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 31.090, Applicant agrees to comply with all the standards of
the Springfield Development Code and Springfield Municipal Code which may be
applicable to this development project, including but not limited to, the following:
1. Installation of a 7 foot wide sidewalk along your entire Main Street frontage.
2. Street trees need to be installed along your Main Street frontage at 30 foot
intervals. Enclosed is a list of permitted street trees.
3. A)l parking shall be paved and striped. Parking stalls that abut landscaping or
buildings need to be provided with wheel stops. The Final Site plan needs to
show the exact location of all parking stalls.
4. One bike rack needs to be installed.
WHEREAS, in consideration for Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 31.090, Applicant agrees to comply with the
following specific conditions imposed by the City as part of the Site Plan approval:
1. A copy of the joint use parking agreement and the deed for this property need to
be submitted.
2.
A 10 foot public
installation of the
prepare the form for
utility/sidewalk easement
sidewalk and street trees.
the easement.
is needed to accommodate the
Once we receive the deed we can
3. No addit i ona I curb cuts will be approved for thi s development.
Site Plan Development Agreement
1
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NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL
accordance with
thi s Agreement.
SITE PLAN. The applicant agrees to submit a Final Site Plan in
Section 31.080 of the Springfield Development Code concurrently with
2. STANDARDS. The applicant agrees to fulfill all applicable standards
specified in the Springfield Development Code and the specific standards listed in
RECITALS prior to occupancy, unless certain standards have been deferred to a later
date in accordance with Section 31.110 of the Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of
approval required by the City listed in RECITALS prior to occupancy, unless certain
conditions have been deferred to a later date in accordance with Section 31.11Q of
the Springfield Development Code.
4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site
Plan without first notifying the City. Modifications to the Final Site Plan shall be
reviewed in accordance with Section 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE. The applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to
maintain the planting required by Section 31.140 of the Springfield Development Code
in an attractive manner free of weeds and other invading vegetation. In addition,
plantings in the vision clearance area shall be trimmed to meet the 2 1/2 font height
standard in accordance with Section 32.070 of the Springfield Development Code.
(c) Parking lots shall be maintained by the property owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall be
improved to maintain conformance with these standards.
of trash
sha 11 not
(d) Undeveloped land within the development area shall be maintained free
and stored materials in a mowed and attractive manner. Undeveloped land
be used for parking.
6. In
(including
ord i nances)
withnol di ng
addition to all other remedies which may be provided by law or equity
hut not limited to penalties provided by applicahle state law or city
Applicant agrees that City may enforce Applicant's responsibilities by
or terminating Applicant's Occupancy Permit.
7. Any Final Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
Site Plan Development Agreement
2
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IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
APPLICANT
DaZJn'f7 BY: (J11r!J" ~J~~
Byr1z:li..- ../5~ ~'J JL
STATE OF OREGON, County of L-/t.N~
S~t1~ ,/0 ,1987 . personally appeared the above named
'II-N";-O/../:2.-<- Jl$AN~ F,f</t"-"toI.~ii', who acknowledged the foregoi ng instrument
be their voluntary act. Before me:
t::I./IO/67
Date
~
Notary Pll!lJ'1 C1'or
/k
Oregon
My Conunission expires j- 4"-6e
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STA.JE OF OREGON, County of L/tNc;:::
J~i?Gf<..I'J ,198l. Personally appeared the above named
~f?eI".C'l!Z">. J' MCJ""-r- , who aCknowledged the foregoing instrument to
be their voluntary act. Before me:
CITY
BY:~, '4
U~e~nt ~ode Administrator
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Notary Pub I t:Yr_, C~U"
My Commission expires
Site Plan Development Agreement
3
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E A S E MEN T
THIS INDENTURE MADE and entered into this
day of
, 19
-'
by and between ANATOLE BRASHNYK AND JEANETTE C. BRASHYNK. husband and wife
hereinafter referred to as the Grantors and THE CITY OF SPRINGFIELD, a municipal
corporation, in Lane County, Oregon, hereinafter referred to as the Grantee. '
WITNESSETH: In consideration of the acceptance by Grantee and the use of holding of said
easement for present or future public use by Grantee, Grantors, hereby grant, bargain,
sell and convey unto the Grantee, a perpetual easement, together with the right to go upon
said easement area hereinafter described for purpose of constructing and maintaining a
.public sidewalk.and public utiliti~s. .
The South 10.0 feet of the following described parcel of land:
Beginning at a point on the north line of the McKenzie River Highway North 89'44'
West 348.0 feet from a point at the intersection of said north line of Highway
with the east line of the A.W. Hammitt Donation Land Claim No. 38, in Section 33,
Township 17 South, Range 2 West of the Willamette Meridian, said intersection
being South 0'21' West 1212.67 feet from the northeast corner of said Donation
Land Claim; thence North 0'21' East 314.0 feet to the cetner of irrigation ditch;
thence along center line of irrigation ditch North 81'21' West 117.1 feet; thence
South 0'21' West 331.0 feet to the north line of McKenzie River Highway; thence
along north line of said Highway South 89.44' East 116.0 feet to the point of
beginning, all in Lane County, Oregon.
/
TO HAVE AND TO HOLD the above easement to the said Grantee, its successors and assigns
forever.
IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals this
day of , 19 _
(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF OREGON, County of , ss:
and acknowledged the foregoing instrument to be
Before me:
Personally appeared the above named
vol untary act and deed.
Dated
A.D.. 19 _
Notary Public for Oregon
My Commission Expires
CIS ED #52- 1
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