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HomeMy WebLinkAboutLegal Miscellaneous 1984-10-26 ~~~@~&tD@)[ill~ F~.<6L/<:9S(~ 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. --- Thank you for your attention to this matter. -----., , JJL:bkh enc. ~O(LN:-- ", C ~1 o..:1i+O-C~ed ~ j~ (fIN'S') t--lle-<). ~ce-- *: , ~ D~i::) ,VV\..L\I1\ . . 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 - . 84414_ j ! , / 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 \ l.o 1\ 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 " . 84414~ )< , ! ! STATE OF ()A~~;~ County of 1riu ~hf.:]).tYt.. /1 ss. : 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. ..;. '{,\li.~'J:nJ';.,~~ ,.,.;. . ~ ",., ")l}ef:"'t'e me' ; :/~~~~..::::'~:::::~/t;<', ~,,:~"t'': .~,)\;..;\..... ;. . ~ u':: ;. ~o...~ - .~: :::. ~. ':'.::::.~~;~! D \:'~,:~.::~:;~,:} - p(Jj ~d~ --/1,_V~~ ( ~tary Public' for. /2~~~, ~l1y Comml.SSl.on expl.res: Q <?-d?~ STATE OF OREGON, ss. 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: ,,,)'4'~:~~~ ':t:'~, "'" ~ ",.. \\"iv-' .' I ..:>, . --J-I- .-O.I~' ..~1J?y"'."::'- . nJ\/\,u) f\"/ "..,}JN1.1V() Notary Public for S)J;:<fg~11 .:....~ . My Commission expi~e:S,; ".;.,:,.,,) ,<;1/' .~'. ", r-:o-! -" ':' ,,~ (.jJ, .,;......... - AGREEMENT .~ :> - . . 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.