HomeMy WebLinkAboutAgreement APPLICANT 7/20/2009
,
"
IMPROVEMENT AGREEMENT
. INCLUDING NOTICE OF POTENTIA!- ASSESSMENT LIEN i:
(In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate)
. I
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and Dean Helfrich and Gayle D. Helfrich Trustees of the Helfrich Family Re~ocable Living Trust
hereinafter referred to as Applicant(s), do covenant and agree with respect 1~0 the real
property described below as foliows: .Ii
. I
1. Applicant(s) warrants and represents to the City of Springfield that it is th~ 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. .' . '. I: .
2. Applicant(s) desires Development Approval from the City with respect to the foliowing
. Development Application Partition Case # SUB2008-0039 I,
. I
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. f
4. This Improvement Agreement is an alternative to imposing a condition on ~PPlicant's
Ii
development approval that the Applicant make immediate construction ofl'any public
improvement that the development necessitates. The objective is t() promote
efficiency, coordination, and spread costs by providing an opportunity for a district
wide improvement mechanism where construction occurs in a coordina'ted 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 a:nd the City
reserves the right to require construction of the improvements in the future at City
discretion. :
r
5. (a) Applicant and City agree that Applicant will pay the cost of the foliowing public
facility improvements described in Paragraph 6 in accordance with resp~ctive cost
assumption policy established by City at the time the City determines t~; undertake .
. and complete such public improvements. I'
(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 20th Street
to include: 00 surface paving; 00 storm sewers; l!J sanitary sewers;
00 gutters; D planter strips; D street trees; 00 street lights;
(b) TRAFFIC SIGNALS at the intersection of
I
l!J curbs;
00 sidewalks.
(c) OTHER IMPROVEMENTS
I
I.
Division 0"Chi.' Deputy Clerk
Lana County Deeds and Records
:~~~~.~J~~DJ '
.j!
11111111111111111111111111111111111111111111
01 ',7537200901304.3014004506/05/2009 :10:51 :22 AM
RPR-AGRE Cnh2 Stn=8 CASHIER 02 Ii
$5.00 $20.00 $10.00 $11.00
$46.00
AFTER RECORDING RETURN TO: .,
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIElO:OR 97477
. . . t
~:,
~cei~;"USllmptovemen~Agreementindtlding Nc~C6Q1 POIQf'IltalAsseSSnlenl LJ&n . lrnlill;dUiJJdDl:;
page,o?f..'I-
"
REVISED AvgU$I. 2007
I
I'
Ii
I
Date Received;
Planner: At Ii
i~/~07
......
,-I
, .
,
Applicant acknowledges that the list of marked improvements reflect those ~hat would
currently be required under the appropriate City codes and ordinances.1 Applicant
aCknowledges that it understands that the improvements made will be those required to
bring the street to full urban standards for the then current functional classific~tion of the
street as those standards exist at the time the' improvements are made Ii and may,
therefore, differ from the list of improvements checked herein. '
7. LEGAL DESCRIPTION:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA: Tax Map & Lot No.:
Property Address: 2833 20th Street
I:
17-03-24-00, tax lot #500
I,
"
. I
8. City agrees that Applicant's execution and performance of the terrj1s of the
Agreement will be deemed to be in compliance with City's policy pehaining to
improvement requirements, and if Applicant complies in every respect with all other
applicable laws of the State of Oregon, Lane County, and City, Applica~t shall be
entitled to Development Approval, subject to the terms and conditions of approval set
forth therein. Ii
I
Ii
9. This agreement is enforceable by the State of Oregon, Lane County or City~
I
.'
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 ofl:the public
jmprovements that the development necessitates. This improvement agreemknt 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. Ii
I'
I
11. It is the intention of the parties hereto that the covenants herein containeb shall run
with the land herein described, and shall be binding upon the heirs, executor~, 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 AgreemeMt shall be
y
recorded in the Lane County Deed Records. '
NOTICE TO APPLlCANT/PROSPECTlVE 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 rec6rdation' 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 an~ assigns.
These requirements include but are not limited to the payment for the public
improvements described in Section 6. This may resull in an assessment lien on the
. . r
Real Property described in Section' 7 and significant costs to the O)Nner 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
on any Owner of the Real Property described in Section 7.
REVISED Augusl, 2007
I
I
I:\PW FOfTn$ and Ap tiQns12007 AVgUlit Improvement Agroemant including Notice of Polanllill Assessment Lren. IndiVidual dOC
Pillie20f}(4
Original Submittal
Date Received: "7/;)-01 ).tHg1
Planner: ALii
I
,
IlL
J
. .
, &^
WHEREFORE, the parties have hereunto set their hand this. g' :
day of /Y),,? ' 20Q.L.
SIGNATlJRFISI 'J<.J'y..,\At\~l:'rl,~ ~,_",' 11,--j'J/d t'h"~/ ;tul..d7V
PRINT NAME(S). Dean Helfrich Truslee I , Gayle D, Helfrich 7IUstee J'i I
of the Helfrich Family Revocable Living Trust of the Helfrich Family Revocable Uvintrrusl
STATE OF OREGON
COUNTY OF I r, iu
BE IT REMEMBERED that on this c;;t-t)-l day of \-\~. _ ' 20tl before,
me, the undersigned,a notary' pu'o~c in and for said C. nty and State. personally
appeared the within named Dean:Helfrich and Gayle D, Helfrich. Trustees 0 the Helfrich Family Revocable Living Trust
whose identity was. proved to me on the basis of satisfactory evidence, and who
executed the within instrument and acknowledged to me that-t \Lf\ \ executed the
same freely and voluntarily. ' , Q
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
. b
the day and year last abovewnlten.
. ~ I \.w ~~\..AJ
'tarY Public for Oregon
~ In\ ~sll;u)t!
My Com;Jission Expires
} SS
(I) OFFICIAl SEAL
. '. JUILE M STILES
\ !. NOTARY PUBUC.. OREGON ,
'" ,.' COMMISSION NO. 422337
MY coMMlllSlON EllPIRES OCTOBER 15. 2011
,
CITY OF SPRINGFIELD '"'" .
, /..-) ,
~eyVie~~9'RnJI ,a~~v_,.~ ~'~/'!/~__n.... '6~~' ~1
J';;sr/ h..r, .- / pt .. / ';'r~" / / (No notary required)
ye<.ielopment Services llepaflment, Planning Division .
Accepted by
jl~-9ff~
Dennis P. Ernst.. City Surveyor
STATE OF OREGON }
COUNTY OF Lq" e. SS
BE IT REMEMBERED that on this rJ-h\ day of M C\. ..; , 20~ 9 before
me, the undersigned, a notary public in and for said County and State,personaliy
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 rile that he executed the same freely and voluntarily .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed myo:g' I seal
the day and year last above written.
.. . -0 'VvV(YoJ ~~ ~
Notary Public for Oregon
Nltuc:t... 2/ I {of L
My Commission Expires
I
I) ,OFFICIAL SEAL
, " CHRIS MOORHEAD
..../ NOTARY PUBUC.QREGON
COMMISSION NO, 427460
MY COMMISSION EXPIRES MAR. 31, 2012
Applicalio"I\2001 AugusllmpJ'OYemenl Agretlment induding Notlce of Potential Assessmenllien _ IndiVidual,doc
REVISED August. 2001
Pagu )ofl(q.
\
Date. Received:
Planner: AL .
7!.#/CPd'f
I f
.'
EXHIBIT "A"
, Beginning at the Initial point of this plat, said point being the Initial
Point for the 2nd addition to Phyllis Park as platted and recorded in
Book. 61, Page 18, Lane County, Oregon Plat Records; thence along
the Northern plat boundary of 2nd addition to Phyllis Park, South
89054'01" West 116.40 feet, to a point on the Eastern right-of-way
line of 20th Avenue; thence leaving said plat boundary, along said
right-of-way line, North 19006'00" West 35.34 feet; thence along the
arc of a 46.00 foot radius curve to the left (the chord of said curve
bears North 53001'42" West 55.33 feet) a distance of 59.37 feet;
thence leaving said right-of-way line North 190.12 feet; th~nce West
154.15 feet; thence North 00006'12'" East 19.42 feet; thence South
89057'49" East 326.46 feet; thence South 00002'11" West 275.81 feet
the Point of Beginning all in Lane County, Oregon.
Original submittal
Improvement Agreement - Partition Case # SUB200B:00039
HELFRICH . 7! /;
Revised May 12. 2009 Date Recelved:~t';"'1 Jrl1
Page 4 of 4 Planner: AL
0.....>- ...-" ;.-_.........._,....,-~.._-;&,.~~I4'..,,.,_ , .
,
,