HomeMy WebLinkAboutAgreement APPLICANT 9/29/2009
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IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In lieu of Immediate Construction of Public Improvement; Includes Waiver of Righi to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and David M. Nowak .
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 SUB 2008-00040
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.
4. This Improvement Agreement is an ailemative 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 II 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 improvements 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 determines 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 S. 47'" Street
to Include: t8I surface paving; t8I storm sewers; U sanitary sewers; U curbs;
o gutters; 0 planter strips; 0 street trees; 0 streetlights; 0 sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
Date Received:
SEP 2 9 2009
Final Submittal. 11/
D!Viuion- 0' Chl.' Deputy Clerk
Lan. Count.y D." end Recorda .
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AFTER RECORDING RETURN TO:
CITY OF SPRlNGFIELO - PUBUC WoRKS OEPARTMENT - 225 FIFTH STREET - SPRINGAELD OR.:97477
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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 understands that the improvements made will be those required to
bring the street to full urban standards for the then current functional classification of the
street as those standards exist at the time the improvements are made and may,
therefore, differ from the list of improvements checked herein.
7. LEGAL DESCRIPTION;
Parcels 1 and 2 of Land Partition Plat Number 2009-E.n92. as platted and
recorded on 7'-" <"....P , 2009 in the Partition Plat Records of Lane County,
Slate of Oregon.
AKA: Tax Map & Lot No.; 17-02-32-43 TL 6802
Property Address: 441 S. 47th 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 of 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 Stale 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. Applicanfs acceptance of the non-remonstrance condition is in consideration
for the City's waiver of the requirement for the immediate construction of th,e 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 mattens 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
benefrt 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 Attomey of your choice. Execution and recordation 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 and assigns.
These requirements include but 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 Section 7 and significant costs to the Owner and
Purchasers, and their heirs, successors and assigns. An Applicanfs 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 elso 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
upon any Owner of the Real Property, described in Section 7.
Date ReceiVE ld:
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WHEREFORE, the parties have hereunto set their hand this 0 <<,
day of <;::;':;1>T~?e2-. ' 20~.
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PRINT NAME(S): . -
STATE OF OREGON
COUNTY OF Lane
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BE IT REMEMBERED that on this 0/, day of, S51p I~,.., ;........ . 2009 ' before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named David M. Nowak
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 official seal
the day and year last'above written.
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_ OFACIALSEAI. ;,
ANOELAERW,N ,.
, i NOTARY PUBLIC. OREGON ~..
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MYCOMMlSSlONEXPlRES SEPfEMaER 26. 2'Jll ~l
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Notary PLiblic for Oregon
9- ;Jr.-.- .;2.0 11
My Commission Expires
CITY OF SPRINGFIELD ~
Reviewed~J~.....u.y / /,/ ~ '/. J
By /' -:' _ r /1 ~. l/lI/tYt
rvices D~lanning Division
(No nota'Y required)
Accepled by
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Dennis P. Emst- City Surveyor
STATE OF OREGON
COUNTY OF Lane
} 55
BE IT REMEMBERED that on this q fv.- day of SUT~ i> 812.. .200Lbefore
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Dennis P. Emst 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 m::gofficial al
the day and year last above written.
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a ' CH~~lIljtEAD NotarY Public for Oregon
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My Commission Expires
Date Rec 3ived:
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Recorded at the request of and
after recording return to:
DECLARATION OF RESTRICTIONS
BE IT KNOWN, that David M. Nowak does hereby declare restrictions over the following
described property:
SITUATED in the Southeast 1/4 of Section 32 in Township 17 South, Range 2 West of the
Willamette Meridian in Lane County, State of Oregon and described as follows:
BEING all of Parcels 1 and 2 of Land Partition Plat No. .2bo 9- P2J9? as
platted and recorded in the Lane County Partition Plat Records in Lane County, Oregon.
SAID RESTRICTIONS, unless otherwise authorized by the City of Springfield:
1. Requires that the property owner of said Parcell shall construct an a"",u",:ate driveway
crossing of the stormwater soakage trench as approved by the City of Springfield design
standards.
2. Prior to issuance of Final Occupancy for a dwelling on Parcell, at least two paved off-
street parking spaces shall be developed on the site.
3. Prior to issuance of Final Occupancy for a dwelling on Parcel 2, the driveway approach
serving Parcell, Parcel 2 and Tax Lot 6900 shall be constructed to City of Springfield
design standards.
IN WITNESS WHEREOF, David M. Nowak has executed this Declaration of Restrictions on
this 0'] dayof ("Q,/?!e".,h_ _2009.
.
Cf<J~9 ~_
David M. Nowak
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. OFFICIAL SEAL 1)1
ANGELA ERWIN I
\. i NOTARY PUBLIC. OREGON 'I
, COMMISSION NO. 421766 ';
MY C9~Lss.!O!!El~~EPTE-R 2~: 2E'," 'J
On September 3. 2009 _"H . ' ---'--'"- - ~.
There personally' appeared before me the above named David M. Nowak who iS,known to me to
be the identical individual who executed the foregoing instrument and does hereby acknowledge
said instrument to be his voluntary act and deed.
STATE OF OREGON
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County of Lane
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Notary Public for Oregon
My Commission Expires: q;) t, . C) 0 \ \
DECLARATION OF RESTRICfIONS
Page I ofl
Date Received:
SEP 2.9 2009
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