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HomeMy WebLinkAboutAgreement PLANNER 2/6/2009 '-, ~ ,'" T':JA,Y DRAFT , IMPROVEMENT AGREEMENT '. " I ' '7lf INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN ()/ e J DC (In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate) 'IL. ,; IN CONSIDERATION of the covenants herein recited, the City of Springfiel~, hereinaftr{. l,-; J , referred to as City, and Dean Helfrich and Gayle D, Helfrich Trustees of the Helfrich Family Trust 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 Application Partition Case # SUB2008-0039 3. The development will cause both 'an immediate and long-term demand on. the various public facilities of City anp 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 improvementSc 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 det(;lrmines \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 20th Street to include; 00 surface paving; 00 storm sewers; ~ sanitary sewers; 00 gutters; 0 planter strips; 0 street trees; 00 street lights; (b) TRAFFIC SIGNAL:S at the intersection of ,. ~ curbs; 00 sidewalks, (c) OTHER IMPROVEMENTS " (Bar Code Sticker) ., AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 I:\PW Forms and Appllcations\2007 August Improvemant Agreement including Notice of Potential Assessment lien - Itldivldual.doc REVISED August. 2007 Page 1 of3 , ;.':;':. ':!:;~r ~J~.1.'. . " J . tr-lrni\ . , Date Received:.-;nfotJ1 Planner: AL --., ," AAFT ,"",~"':l 'l"~~~"" 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 understand.s that the improvements made will be those required to bring the street to full urban standards for the then current functional c1assificaiion of the street as those standards exist at the time the 'improvements are mad.eand may, therefore, differ from the list of improvements checked herein. " 7, LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO. AND INCORPORATED HEREIN BY REFERENCE AKA: Property Address; Tax Map & Lot No.: '17-03-24-00, tax lot #500 2833 20th Street 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. and if Applicant complies in every respect with all other applicable . laws of the State o( 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. Execi.Jtion and recordation of this Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property described in: Se'ction 7 and their heirs, successors and assigns. These requirements include b:ut 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 S:ection 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 l!'lgal 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. , , I:IPW forms and Applications\2007 August Improvement Agreem?nt Including Notice of Potential Assessment Llen - Indlvldual.doc REVISED August, 2007 Page2of3 " . '.., ~ , " " ~.'\ . ~ ~ '" ,~. ". . Date. Received' ..v~,2.PP,f ~.Ianner: AL , DRAF'I "\."., ..,,-, ",hl"-' ' WHEREFORE, the parties have hereunto set their hand this day.of ' , 20L-. SIGNATURFjS\; PRINT NAME(S): Dean Helfrich Trustee bf the Helfrich Family Trust l? r ~ . \~(l.ft>cP<- ~) STATE OF OR~GON } L'.J ~,/'j CaUNTyaF SS, . \ Gayle,D, Helfrich Trustee of the Helfrich Famil~rust " , ' t BE IT REMEMBERED thaton~this day of ,20L before me, the undersigned, a notary public in and for said County and Stat~, personally . appe'ared the within named . Dean Heltrich and Gayle D, Helfrich , 1r"S'~c.c'" 0 ~ -h\e. .. . . . . . whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto sei my hand and affixed my official seal the day and year last above writien. . Notary Public for Oregon My Commission Expires CITY .oF SPRINGFIELD Reviewed and approved By (No notary reqUired) Development Services DElpartment, Planning Division Accepted by Dennis P: Ernst - City Surveyor STATE OF OREGaN COUNTY OF } SS' BE IT REMEMBERED that onthis day of ,200-.:....before me, the undersigned, a notary public in and for said County 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 executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my o'fficial seal the day and year, last above written, ' Notary Public for Oregon My Commission Expires ~.:~' -- ....'....:.;J.:.~..;,.,tl..-' ~. I:\PW Forms and Applk,:ations\2007 Augusllmprovement Agreement including Notice of Potential Assessment lien - Individual.doc :. .~i:..: 111:..;~ ,.' REVISED August. 2007 Page30f3 Date. Received:~~ /:16'<<71 Planner: AL ) '=iA}ln EXHIBIT "A" DRAFT Beginning at the Initial point for the 2nd addition to Phyllis Park as platted and recorded in Book 61, Pa~e 18, Lane County, Oregon Plat Records; thence along the Northern plat boundary of 2n addition to Phyllis Park, North 89054'0 I" East 116.40 feet, to a point on the Ea,stern 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; thenGe~54.15 feet; thence North 00006'12" East 19.42 feet; thence South 89057'49" East 3'26.46 feet; thence South 00002'11" West 275.81 feet the. Point of B,eginning all in Lane County, Oregon. vJt~+ Date Received: .z/(.lHf Planner: AL . . :....) '';' t . ~.:. . l~ ., .. .., I