HomeMy WebLinkAboutAgreement PLANNER 2/6/2009
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, 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,' '
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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. :"
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(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
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(Bar Code Sticker)
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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
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, Date Received:.-;nfotJ1
Planner: AL
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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.
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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.
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I:IPW forms and Applications\2007 August Improvement Agreem?nt Including Notice of Potential Assessment Llen - Indlvldual.doc
REVISED August, 2007
Page2of3
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Date. Received' ..v~,2.PP,f
~.Ianner: AL
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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 ~
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STATE OF OR~GON } L'.J ~,/'j
CaUNTyaF SS, . \
Gayle,D, Helfrich Trustee
of the Helfrich Famil~rust
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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
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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
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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
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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.
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Date Received: .z/(.lHf
Planner: AL
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