HomeMy WebLinkAboutPlan Review Miscellaneous 1995-12-7 (2)
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SITE PLAN REVIEW DEVB.DPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "~reement," is entered into this 7,c
clay of f)rc- 6'7/ /f r-I? . 1995 ( the "Effective Date") by and between the CITY OF
".SPRlNGF"IELD, hereinafter "City" and ,;r" fI.v.. '?ft'-l tJ E ,
hereinafter "applicant," in accordnce with Section 31.090'and Sections 3.070(3), 3.080(3),
3.090(3) amd 3.100(3).
RECITALS
VIoHEREAS, on the 6th day of December, the City approved the Rnal Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER 95-10-184. Type II Site Plan Review Application requesting
approval to construct an 1800 square foot building for truck repair and storage and a
manufactured home for nightwatchman's quarters. The property is located at 3325 Olympic
Street (Assessor's Map 17-02-30-34, Tax Lot 6800). The property is zoned UghtlMedium
Industrial (LMI), and designated LMI in the Mid-Springfield Refinement Plan and the Metro
Plan.
VIoHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit,
and the issuance of ari Occupancy Permit, as specified in the Springfield Development Code
Section 31.090, Applicant agrees to comply with all of the standards in the Springfield
Develpment Code and the Springfield Municipal Code which may be applicable to this
development project unless modified or excepted by the Site Plan Review Develu....,.'" ,;
~I =0' I ICI ,1, Develoment Services Director, Planning Commission, Building Official or their
agents, or the Rre Marshall, which modifications or exceptions shall be reduced to writing.
VIoHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit,
and the issuance of an Occupancy Permit, as specified in the Springfield Develo..... "" .1 Code
Section 31.090, Applicant agrees to comply with the following specific ......"..;;~ons imposed by
the City as part of the Site Plan approval:
1. All improvements must be constructedlinstalled as shewn on the RnaI Site Plan ("",~
replacing the existing mobile home with a manufactured home) prior to the final building
inspection for the garage facility.
2. All conditions specified in the Notice of Decision must be fulfilled.
(a) install all landscaping as indicated on the site plan
(b) pave driveways
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VIoHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPUCANT AGREE AS
FOLLOVVS:
1. FINAL SITE PLAN. The Applicant has submitted a RnaI Site Plan in acoordance
with Section 31.080 of the Springfield Development Code.
2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to the
,.
. occupancy, unless certain conditions have been deferred to a later date in a""""..:c.nce with
. Section 31.110 of the Springfield Development Code.
3. CONDITIONS. The applicant agrees to fulfill all specific conditions of approval
required by the City listed in the RECITALS prior to occupancy, unless certain concjitions have
been deferred to a later date in auuu, Jc:Jlce with Section 31.110 of the Springfield
Development Code.
4. MODIFICATIONS. The Applicant agrees not to modify the approved RnaI Site Plan
without first notifying the City. Modifications to the RnaI Site Plan shall be reviewed in
accordance with Section 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE. The Applicant agrees to the following:
(a) The building and site shall be maintained in a""",Jance with the provisions
of the Springfield Development Code in order to continue use. ._.
(b) It shall be the continuing obligation of the ......,,0:.;, C7oNI1er to maintain the
planting required by Section 31.140 of the Springfield Development Code in an attractive
manner free of weeds and other invading vegetation. In addition, p1antings in the vision
dearance area shall be trill U ,.CJ to meet the 21/2 foot height standard in a.........'Jance with
Section 32.070 of the Springfield Development Code.
(c) Undeveloped land within the devel""" '1CI,l area shall be maintained free of
trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be
used for parking.
6. In addition to all other remedies which may be provided by law or equity (induding
but not limited to penalties provided by applicable State law or City Ordinances), Applicant
agrees the City may enforce Applicant's responsibilities by withholding Applicant's RnaI
Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been
granted.
7. Any RnaI Site Plan approved ~,o= null and void if ....... ",~.JCtion does not
commence within one year of the date of the ag,,,",,,,,,,,,l
-'
~.
, IN WTNESS VIoHEREOF, the Applicant and City have executed this .A\lreement as of the date
first hereinabove written.
APPUCANT
0ffMitVeA 'lllfl;;;
Date .
~v.
BY:
V
J,~~JJ~
'-
STATE OF OREGON, County of rl)rl1UL-
~. 1 _, 1995. Personally appeared the above named
~ _ }JAM''1L.L- , who acknowledged the foregoing instrument to be their
vruntaryact.~reme: ,~. ___"'-"/'/ V'A IJ. ~-':n_(ltl;'- n/J.Ij~
,,~-~--~t'~~L~ \~ ~~~OfJ..f!..lJ _ tifh
~ (I)~" N~~~Rf~Ji1Llf ~~€~~rl. m Notary Public for Oregon ~ t\'
~ X~' COMMISSION NO. 015700 1\1 U
L :.-- _ML~~~~_~~~~~~~~':~~ My Commission expires 1-/ t/ -9?
CITY
&uwj~'l'lJ9...95 BY: '- \;~L ~ ---
Date
STATE OF OREGON, County of c7)d1' 0
J)u ./ L (195. Personally appeared the above named
~Ztu1U~ . who acknowledged the foregoing instrument to be hislher
VOIU:ry :~~_~~_~:_____~ ~~ 'on . Cr;~!lJL
f~(I)~ - - - - SA~t:~C~A'M~E~kllY! Notary Public for Oregon 0 J . {~<'
~ NOTARY PUBLIC - OREGON " (J
; : ;;]/. COMMISSION NO 015766 ' 1 /' I <1/
~_ .~c,..Io\Y~!,MISSIO!l EXPiR~~Y_l,~~~c~ My Commission expires - '-I - Ib
...
.,
9569748 IMPROVEMENT AGREEMENT
IN CONSIDERATION of the covenants herei n recited. the Ci ty of Spri ngfi e 1 d, herei nafter
referred to as City. and J3tf,j (JA Vide hereinafter
referred to as Applicant, do covenant and agree as follows:
WHEREAS Applicant desires Development Approval from City: and
WHEREAS, any future development with~n Ci~ or within City's Urban Growth Bound~ry locat~d
in Lane County wi 11 cause both an 1 mmedl'ate and long-term demand on the van ous pub 11 c
facilities of City and Lane County:
NOW THEREFORE, App 1 i cant and City agree to the fo 11 owi ng schedul e of pub 1 i c facil i ty
improvements and respective cost assumption policy:
? -->/24 ('
STREET IMPROVEMENTS along the frontage of u J \ \. 7/1 eET
to i nc 1 ude: (<-)/surface pavi ng: ( W-- storm sewers: (....,-- sani tary sewers: ( "Ycurbs :
(0 gutters: (l.T pl anter stri ps: (if street trees: (Htreet '1 ights; (~1- si dewa 1 ks.
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS
LEGAL DESCRIPTION: (Place here or'see Attachment A)
7?t'z,-:: t,-./{3' ~-r ~ of tOT I, i7Loc Ie .:r;
/]- "O-iJ "
'J j . I ,~s- /lJ /1 rrz='iJ r1,.',!J I' eGO.. c /1-
/ /,'~ ; 1-1 j~
. - ('" -r /)7 '"'"10" /::>/.-/j T f?;:"Cd,.(e/]
/-/1,V~ ov,VI7' L'" ,. I
1076r[~'8t'98UQ®
!QZ~OEC. , 95U06PFUNO
::.00
10.00
h~'!;r /!,jiJ: r/o,J ?; /lY.iAvoS'
/JoL"""", e. IS; fllje.. .:J,
L.4A/-e.. C lo' ,,-IT( J DIZif' 6 ON
ADDITIONAL INFORMATION: :S'3;}:) ()Lyr,,</.f,C sr ~'>;I'IJ'~-&{Jol!.. 17-0;:l-j'o-7ljc/.,fCtO
Property Address 'v f ' Tax Lot No,
IT IS UNDERSTOOD that this agreement is enforceable by the State of Oregon. Lane County or
City,
IT IS FURTHER UNDERSTOOD that App 1 i cant agrees to sign any and all wai vers, 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 as may be proposed
or adopted by the State of Oregon, Lane County or City and to waive all right to remonstrate
against s~ch improvements, but not the right to protest the amount or manner of spreading the
assessment thereof, if the same shall appear to Applicant to bear inequitably or unfairly
upon said property of Applicant:
NOW THEREFORE, City agrees that Applicant's execution and performance of the terms of this
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, the said Applicant shall be entitled to
Development Approval: and
IN ADDITION, it is the intention of the parties hereto that the covenants herein contained I
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,
STATE. OF OREGON)
. )SS
COUNTY OF LANE )
On this ::-; day of Jhc '
before me and signed the above document.
r,(' tc-, ~). Z/:tt~&:-, ,
NOTARY PU8LlC
My Commi ss ion Expi res b _:_) b - q i:?
this ~11tS't:.,z .
rBv ,L <--^
:::Y'P I i ca'nt c--- ; I
By
19K
WHEREFORE, the parties have set their hand and seal
.
By ~ (L,l.l C~.lnJ....-l.U
U1rect~r ot Publ1C Works
App 11 cant
19~-S, .the above applicant personally appeared
r.
I
OFFICIAL S5AL
ELKE D LITTLE
NOTARY PUBLIC, OREGON
COMMISSION NO, 035286
MY COMMISSION EXPIRES JUNE 26, 1998
I ,
RETURN TO: .
CITY OF SPRINGFIELD - PUBLIC WORKS DEPT.
225 FIFTH STREET - SPRINGFIELD. OREGON 97477
.
-'
9569'748
State of Oregon
County of lane - ss.
I, the County Clerk, in and for the said
County, do hereby certify that the within
instrument was received for record at
b r,EC Cjj 9: I'
Reel 2120R
Lane County OFFICIAL Records
Lane County Clerk
By,
a;j?A~J~
County Clerk
,
.
'956974'9
PUBLIC U i JLITY ,.EASEMENT
THIS INDENTURE MADE and'entered into this ~ay of Ur-n;:;-J11;('c;f, 191:;-: by
and between ;:\l)Hft/ ?14-1I1/G , hereinafter referred
to as the Grantors, and the CITY OF SPRINGFIELD, a municipal corporation, in Lane
County, hereinafter referred to as the Grantee.
/'
r1
I;)
WITNESSETH: In consideration of the acceptance by Grantee and the use or holding
of said easement for present or futurepubl ic use by Grantee, Grantors. hereby
grant, bargain, sell and convey unto ~h&jGrantee, a perpetual easement ~ feet
in width, together with the right to go upon said easement area hereinafter
descri bed for the purpose of construct i ng, reconstruct i ng~ ma i nta i n i ng and us i ng
public utilities which may hereafter be installed on the following described
property, to-wit:
7#,E n,?Jf 7 rEFT or THE file/frt-! iJ",,<,<Jo/1,rer /-ho'l.1 J7fF
rl,?JT '7 /~eEr or 77fE i,.<.lE,r ;Jc.t,,J.oA/If Ci/= 77-1;:= W~'JT
.-" -' LJ '-',.h-, /~ /> ~~ J OLI1'T
YOl or LoT ~ dicCle.s-; r"erT /u:JlJ,I'ON'~ "'-"'''''' I 1
/IS .7t.~ rrE/J /hl/J l?cco/frJi-O ;~ (/,;,Lul'V'e /5~ 1~4}e ;:;;
:,t -;,,-, ~ O-fc'jo,U pt."" T ICccO,4d'S ?//;/J';- Co,J.;/...{./TV
,L./IJVc' LO~AJ'Y . f "I,
o/lC",o,J
!QIEDEC.06 '95U06REC
!QIEDEC.06'95ff06PFUNO
5.00
10.00
C'
TO HAVE AND TO HOLD the above easement to the said Grantee, its heirs and assigns
forever.
IN WITNESS W~EREOF, the Grantors above named~ave hereunto set their hands and
se,\ls this ~ day of Pc ,~IfF/? , I9tr
"~ ~ (SEAL)
\wI (SEAL)
STATE OF OREGON )
COUNTY OF Ui VI P )
BE IT REMEMBERED, that on this > day of ~, , 199.s.~before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared the within named ~I;'II\ Dt:L<./1, '^ 9.... _
known to me to be the identical individu~i,described in and who executed the
within instrument and acknowledged to me that I~ Q... executed the same freely and
voluntarily. " ,
(SEAL)
(SEAL)
SS
,IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
.. OFFICIAL SiAL
ELKE D LITTLE
NOTARY PUBLIC. OREGON
. . COMMISSION NO, 035286
" · MY COMMISSION fXPIRES JUNE 26, 1l19li
~.........__.
?L/{l . lJ. ~ft&
Notary Public for Oregon
MyCommissionExpires (J;Y;(h -7&
CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON
.
'r'
3St)~J749
State of Oregon
County of Lane - ss.
I, the County Clerk, in and for the said
County, do hereby certify that the within
instrument was received for record at
b DEe S5 9: \ i
Reel 2120R
Lane County OFRClAL Records
Lane County Clerk
By,
a;j?4~JJ
County Clerk