HomeMy WebLinkAboutPlan Review Miscellaneous 1994-8-1
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this I day of
AIA!jlA5T" ' 1994 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City", and tlE"uAlC l/anrsE.tl~t).hereinafter "Applicant", in accordance with
Section 31.090, and Section 3.070(3). 3,0 0(3),3,090(3) and 3.100(3),
RECITALS
" WHEREAS, on the \~ day of jJo- ,1994, the City approved the Site Plan Review
Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 94-04-73, Type II Site Plan approval for a remodel of a service
station and upgrade of fuel tanks, retail and cardlock islands, locate-d, The property is
located at 4124 Main Street, (tax map 17-02-32-32, tax lot 1200), The property is zoned
Community Commercial and is also designated for commercial use in the Metropolitan
Plan.
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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 of the standards in the Springfield
Development Code and the Springfield Municipal Code which may be applicable to this
development project unless modified or excepted by the Site Plan Review Development
Agreement, Development Services Director, Planning Commission, Building Official or their
agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing.
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 3,1.090, Owner agrees to comply with the following specific conditions imposed
by the City as part of the Site Plan approval:
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1, All development shall comply with the approved Final Site Plan,
2. A signed and recorded Improvement Agreement shall be returned to the City.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. FINAL SITE PLAN, The Applicant has submitted a Final Site Plan in accordance with
Section 31,080 of the Springfield Development Code,
2, STANDARDS, The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to
the occupancy, unless certain conditions have been deferred to a later date in accordance
with Section 31,110 of the Springfield Development Code,
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Site Plan Development Agreement
Page 2
3, CONDITIONS, The applicant agre~s to fulfill all specific conditions of approval required
by the City listed in the RECITALS prior to occupancy, unless certain conditions
have been deferred to a later date in accordance with Section 31.110 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) Ifshall be the continuing obligation of the property owner to'iriilintiiin'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 foot 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.
(d) Undeveloped land within the development area shall be maintained free of trash and
stored materials in a mowed and attractive manner. Undeveloped land shall not be used
for parking,
6, In addition to all other remedies which may be provided by law or equity (including but
not limited to penalties provided by applicable State Law or City Ordinances), Applicant
agrees the City may enfor.ce Al1plicant's responsibilities by withholding Applicant's Final
Occupancy Permit, and terminating any Temporary Occupancy Permit which may have
been granted,
7. Any Final Site Plan approved becomes null and void if construction does not commence
within two years of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first hereinabove written,
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Site Plan Development .Agreement
Page 3
APPLICANT
f~~~- .~
JL, \ctiJ
Date <.l '
BY:
BY:
~!:~F QREGON, COO"" Of:&<Lh . :~
,JJ I t1 /f ,1994 Personally appeared6f,e above named
_ -r A:,..f'fE$r , who acknowledged the foregoing instrument to be their
V~lu,nYlrY act, Before me:
~~~~~~ '
Notary Public *Sr oregee)' ~ << " '
i I: / I' i ,,"~"', OF~iC'AL SE:AL I
/ ., /J ff:1" '\~,~=:t;.r;" ,!:.~);~~r)Y,~ ~.. .~~;m{EY
My Commission expires 0'-7 ,-".,,:!Y IJOr":,d..'l.dl,:t.,.OPEG...... '
cor ,~ tl":'SIO ' ',,;'f I
REGON, County of, ~./
'1994, Personally appeared the above named ,
I , who acknowledged the foregoing instrument to be their
voluntary act, Before me:
CITY
~llhf
Date \
~;~2oq,?".~
My Commission expires I ill (/ q to
I ,~" OFFICIAL SEAL
E~\,~, JANICE L. JAMISON
" ~~'zrh NOTARY PUBLIC - OREGON
, COMMISSION NO,OI9958
MY COMMISSION EXPIRES DEC, 18. 1996
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IfdJre~J hie..: '{/2.'( tlfl;q
, ' :.' I' '::. ST',
. IMPROVEMENT AGREEMENT. '", ,,;,
IN CONSIDERATION of the covenants herein recited, the City of Springfield. hereinafter
referred to as City. and MprriU TrlJn Tnr, hereinafter referred to as Applicant. do
covenant and agree as follows:
9451177
WHEREAS Applicant desires Development Approval from City: and
WHEREAS, any future development within City or within City's Urban Growth Boundary located
in Lane County will cause both an immediate and long-term demand on the various public
facilities of City and Lane County:
NOW THEREFORE, Applicant and City agree to the following schedule of public facility
improvements and respective cost assumption policy:
STREET IMPROVEMENTS along the frontage of ...2A" Strppt to include:
(x) storm sewers: () sanitary sewers: (x) curbs: (x) gutters:
(x) street trees: (x) street lights: (x) sidewalks,
TRAFFIC SIGNALS at the intersection of n/n
OTHER IMPROVEMENTS n/n
LEGAL DESCRIPTION: (Place here or see Attachment A)
(x) surface paving:
(x) planter strips:
LE:!EJUL.U''I'IRUIKtL; :l.De
ZE~EJUL.12'94"D1PFUND 10.0e
BegiQning at the Southeast corner of the Lucinda Comegys D,L,C, #81, Township 17 South, Range
2 West :of the Will amette Meri di an: thence South 89d50' 30" West 222,3 feet along the South
line of said D,L,C, to a point marked by an iron pin: thence South 00d15' West 1359,4 feet
to an iron pin marking the true point of beginning: thence South 00d15' West 334 feet to an
iron pin set on the Northerly right-of-way of the Mckenzie Highway: thence North 89d44'30"
West 301,4 feet along said right-of-way line to a point: thence North 00d02' West 334,0 feet
to a point: thence South 89d44'30" East 303,1 feet along a line parallel to the center line
of the McKenzie Highway to the true point of beginning,
ADDITIONAL INFORMATION: 41/4 Mpin 1trppt
Property Address
17 02 32 32 01/00
Tax Lot No.
IT IS UNDERSTOOD that this agreement is enforceable by the State of Oregon. Lane County or
City,
IT IS FURTHER 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 by the State of Oregon. Lane County or City 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 inequitably or unfairly
upon said property of Applicant:
NOW 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 Ci ty , the sa i d App I i cant sha 11 be ent it I ed 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 benefit and a burden upon the property herein described, This Agreement shall be recorded
in the Lane County Deed Records, '
WHEREFORE, the parti,e~ h"e ~et thel' h,,' ", se,l this ~':'~ <}\J{oI . 19}'~
By [J t:...4 1'. G/VO'-<-tYtA By 1M ~t/ ( _' .'-- ~
U1 rector or Pub 11 c Works App 11 cant - <: -
STATE OF OREGON )
)SS
COUNTY OF LANE )
On this K day of Ju/tj ,
~e ore me a~a ~d the ab"'!:! document. ,
':;A. -i;;-u L-4'^-.-,
Dn~Utj It
By
App 11 cant
19~ the above applicant(s) personally appeared
My Commission Expires
1 J, h& 195-
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"l'----~-~""-...............-:'-...~?! r' ~""iil:'~''''' '1;.'- -,,~ . .
~ (I OFFICIAL SEAL .:
, ~~ CONSTANCE J, KANAS , ,..'
l\. ~~,I , NOTARY PUGLIC ' OREGON :
, .. -',/ COMMISSION NO, 011953 .
: MY ColMMISSION EXPIRES DEe, 26, 1995 :
~ 'C;'c;:.~~~",_,_,_~,_.~~,_,,_._,_,_....__ ___ 1
RETURN TO:
CITY OF SPRINGFIELD PUBLIC WORKS DEPT, - 225 FIFTH STREET - SPRINGFIELD. OREGON
9451177
,
Slate of Oregon,
County of Lane-ss,
I, the County Oerk, in and (or the said
County, do hereby certify that the within
instrument was received for record at
\2 ,JJ., 94 9 t ,O!>
Reel 1971 R
Lane County OFFICIAL Records.
Lane County Clerk
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L_Tty . enl
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