HomeMy WebLinkAboutLegal Miscellaneous 1984-10-26
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CITY OF SPRINGFIELD
October 26, 1984
TO: Bruce Newhouse, Planning Department
FROM: Joe Leahy, Office of City Attorney
RE: Science Christian 'o'f UnTted Tr1ithChurch
Please find enclosed for your files the original of the
Agreement between the Science Christian of United Truth Church
and the City of Springfield.
The Agreement was recorded on October 24, 1982, Reception
No. 8441492, Reel No. l320R, Lane County Official Records, Lane
County, Oregon.
It is my understanding that you will take whatever steps are
necessary to ensure that this agreement does not become lost
in the files and additionally that those individuals in the
Public Works Department who are responsible for assisting in
Its enforcement, Iwill be given a copy.
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Thank you for your attention to this matter.
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8441492
AGREEMENT
THIS AGREEHENT is made by and between SCIENCE CHRISTIAN OF
UNITED TRUTH CHURCH, a non-profit corporation incorporated in the'
State of Michigan, hereinafter referred to as Owner, and the
CITY OF SPRINGFIELD, a municipal corporation of the State of Oregon,
hereinafter referred to as City.
IN CONSIDERATION for the receipt-of a building permit and
the issuance of an occupancy permit for the building constructed
on the property more particularly described and set forth in
Exhibit "A," attached hereto and incorporated herein by reference,
Owner agrees as follows:
24.00
0994A001 10/24/84 REC
1. At the time that that portion of Main~~~t immediately
to the south of the real property more particularly described and
set forth in Exhibit "A" is improved, Owner will implement the
landscaping more particularly described and set forth in Exhibit
"B," attached hereto and incorporated herein by reference (Area A).
2; At the time that that portion of North 21st Street immediately
to the East of the real property more particularly described and
set forth in Exhibit "A" is improved, Owner will implement the
landscaping more particularly described and set forth in Exhibit
"B," 'attached hereto and incorporated herein by reference (Area B).
3. It is the intention of the parties hereto that the agree-
ments and covenants herein contained by the Owner 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
AGRlO-e:MENT - 1 -
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84414_
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the property herein described. This agreement shall be recorded
in the Lane County Deed Records.
4. In the event that the Owner herein fails to comply with the
requirements of this agreement, City may at its discretion commence
legal action to compel compliance with the terms of this agreement,
in which case Owner shall be responsible for all attorney's fees and
Court costs of City necessary for such suit, or in the sole discretion
of the City the City may complete the landscaping requirements set forth
in Exhibit "B," attached hereto and incorporated herein by reference,
and place the lien on the property for the cost to City, including
administrative costs, plants, material and labor, to accomplish said
requirements. In the event that the City chooses to accomplish the
landscaping and to place the lien for the City's costs on the property,
the Owner herein waives all right to place in issue in any legal
proceeding to enforce collection thereof the amount of such costs.
Dated this.x
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day of X OM\J~"-
, 1984.
OWNER:
SCIENCE CHRISTIAN OF UNITED TRUTH
CHURCH, a non-profit corporation
of u,tat.~,)!1, r /~~i,C c~, ig~n /, f '~,
By . _ (/~t~l-'''{. jz,C. <::::;::i
Ti tJe :(.;#\./<:/4./')/):r.1fIJAd"'INl/~/}VIj
By.x
Title: ~
CITY:
CITY OF SPRINGFIELD, a municipal
corporation of the State of Oregon
By ~'J) t_:.veL\
Mayor '
AGREEMEN'l' .- 2 -
A2f~h ;:: 0~ti4l~/'1-0,~ J
;Ci ty Recorde':r
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84414~
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STATE OF ()A~~;~
County of 1riu ~hf.:]).tYt.. /1
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Personally appeared. the
who is the r~()r.e.s(:,'\"to---fIU'...Q..
Truth Church, and
above named -:Jill f-J" r\ :S/"n d.l? ,
of Science Christian Of united
, who is the
of Science Christian Of united Truth Church, who,
being duly sworn did say that said instrument was signed in behalf
of said corporation by authority of its Board Of Directors; and he/she
acknowledged said instrument to be his/her voluntary act and deed.
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( ~tary Public' for. /2~~~,
~l1y Comml.SSl.on expl.res: Q <?-d?~
STATE OF OREGON,
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County of Lane,
Personally appeared the above named JOHN LIVELY, who is the
Mayor of the City of Springfield, and Anne Pflug, who is the City
Recorder of the City of Springfield, who, being duly sworn, did say
that said instrument was signed in behalf of said corporation by
authority of council; and he/she acknowledged said instrument to be
his/her voluntary act and deed.
Before me:
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Notary Public for S)J;:<fg~11 .:....~ .
My Commission expi~e:S,; ".;.,:,.,,) ,<;1/'
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AGREEMENT .~ :> -
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8441492
EXHIBIT "A"
That part of Lot C West of 21st Street and Lot 1,
Block "A" Nicholas Gardens as platted and recorded in
Book 11, Page 1, Lane County Plat Records, and that
portion of street vacated by City of Springfield,
Ord. No. 2137, adjacent thereto, all in Lane County,
Oregon.