HomeMy WebLinkAboutCorrespondence APPLICANT 5/6/2009 (2)
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IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and Dean Helfrich and Gayle D. Helfrich Trustees of the Helfrich Family Revocable Living 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.
2. Applicant(s) desires Development Approval from the City with respect to the following
. Development Application SUB2008-0053 .
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 alternative to imposing a condition qn 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 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 19th Street
to include: IX] surface paving; IX] storm sewers; IX] sanitary. sewers;
IX] gutters; IX] planter strips; IX] street trees; IX] street lights;
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
IXI curbs;
IX] sidewalks.
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
~~~~.~m~J
1111111111111111111111111111111111111111111111111 $46,00
01070271200900237930040049
05/05/2009 09:22:16 AM
RPR-NTPOLIEN Cnl=2 Sln=6 CASHIER 07
$5.00 $20.00 $10.00 $11.00
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
I:\PW Forms and Appllcatlons\2007 August Improvement Agreement including Notice of Potential Assessm~nt lien. Jndividual.doc
Page 1 of3
REvISED August, 2007
Date f':eceived: 6/tjJ-coi
Planner: AL
,
,
.
.
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:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA:
Property Address:
Tax Map & Lot No.: 17-03-24 detail map nO.1 taxlot 609
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 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. 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 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 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.
I:\PW FoOTls and Applications\2007 August Improvement Agreement including Notice of Potential Assessment Lien -Individual.doc
REVISED August, 2007
Page2of3
Date Received: 0/J-007
Planner: AL
.
.
WHEREFORE, the parties have hereunto set their hand this
day of pr~\' 20~
iD~
"
SIGNATURE(S): \j ~C"- \A- ~ k "*
PRINT NAME(S): Dean Helfrich Trustee
of the Helfrich Family Revocable Living Trust
~~~ ~~~
. Gayle D. Helfrich Truste
of the Helfrich Family Revocable IVlng Trust
STATE OF OREGON
COUNTY OF \t\ht
} S5
BE IT REMEMBERED that on this io day of ~17 a-\, ,200 '1. before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Dean Helfrich and Gayle D. Helfrich, Trustees of the Helfrich Family Revocable Living Trust
whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged to me that -lne'-i 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.
.~(jnn(}v") fl10f!ic Of'c{(1
N"Otary Public for Oregon
OFFICIAL SEAL
SHANNON MARIE DEAN
NOTARY PUBUC. OREGON
COMMISSION NO. 438787
MY COMMISSION EXPIRES FEBRUARY 1 2013
H,>r\Jury It'j, 1..0\'),
My Commission Expires
Crry OF SPRINGFIELD
Reviewed and approved
By
- .t'~ /f/c.
epartment, Planning Division
(No notary required)
Accepted by
~~
Dennis P. Ernst - City Surveyor
STATE OF OREGON
COUNTY OF L.. tJ IE:
} SS
BE IT REMEMBERED that on this 13 day of A PR I L ,200..:Lbefore
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 official seal
the day andyear last above written.
. OFFICIAL SEAL
" CHRIS MOORHEAD
'. i NOTARY PUBUC-OREGON
'" ..' COMMISSION NO. 427460
MY CDMMISSION EXPIRES MAR. 31, 2012
~-~~v
Notary Public for Oregon
(V\e{ ~Ch. '3 I 1 20 I Z-
. ,
My Commission Expires
I:\PW Forms and Applications\2007 Augusllmprovement Agreement including Notice of Potential Assessment lien. IndividuaLdoc
REVISED August. 2007
"
Page3of3
Date Received:
Planner: AL
!>ft/c'}DUf
.
.
..
EXHIBIT "A"
Beginning at a point being North 0003'43" West 2893.19 feet, North
89049'10" East 325.02 feet, and North 0001'31" West 35.00 feet
from the Southwest Corner of the Felix Scott Donation Land Claim
No. 51 in Section 25, Township 17 South, Range 3 West of the
Willamette Meridian, said point being the Southeast corner of the
Parcell Land Partition Plat Number 92-P0306 as filed in the Lane
County Surveyor Office, County File Survey Number 31021 said
point also being on the Northern right-of-way line of Hayden Bridge
Road thence leaving said right-of-way line North 0001'31" West
438.89 feet; thence South 89058'29" West 87.28 feet; to the True
Point of Beginning thence North 00003'23" West 175.00 feet; thence
South 89058'29" West 203.00 feet to a point on the Eastern right-of-
way line of 19th Street, thence along said right-of-way line the
following courses and distances: South 00003'23" East 265.23 feet,
along a 87.90 foot radius curve to the left,' (the chord of which bears
South 14021 '31" East 43.43 feet) a distance of 43.88 feet, along a
157.90 foot radius curve to the right (the chord of which bears South
14021 '31" East 78.01 feet) a distance of 78.83 feet, and South
00003'23" East 46.40 feet; thence leaving said right-of-way North
89049'10" East 95.14 feet; thence North 0001'31" West 20.00;
thence North 52043'50" West 85.00 feet; thence North 0001'31"
West 56.21 feet; thence North 44058'29" East 58.86 feet; thence
North 0001'31" West 85.00 feet; thence North 89058'29" East
100.72 feet the True Point of Beginning, all in Lane County, Oregon.
(cont. 1.23 acres) .
Date Received:
Planner: AL
~~J;tJtJl
. ~. t.;'/
II'" ,
,{&
.
.
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and Dean Helfrich and Gayie D. Helfrich Trustees of the Helfrich Family'Revocable Living 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.
2. Applicant(s) desires Development Approval from the City with respect to the fol/owing
Development Application SUB2008-0053
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 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 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 19th Street
to include: 00 surface paving; 00 storm sewers; 00 sanitary sewers;
00 gutters; 00 planter strips; 00 street trees; 00 street lights;
00 curbs;
00 sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
2009.02Ji9~
/11111/ II 11111/1/1111 "111111111111 "" 11111 "'11 ' $46 , 00
01070272200900237940040046
RPR NTPOLIEN C ' 05/05/2009 09:22: 16 AM
- nl=2 Sln=6 CASHIER 07
$5.00 $20.00 $10.00 $11.00
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
I:\PW Forms and Appllcatlons\2007 August Improvement Agreement Including Notice of Potential Assessment Lien. Individual.doc
REVISED August, 2007
Page 1 of3
Date [loceived: rfl,p/p/Pf
Planner: AL
.
.
'.
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:
SEE EXHIBIT "An
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA:
Property Address:
Tax Map & Lot No.: 17-03-24 detail map nO.1 taxlot 610
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 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, 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 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 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,
I:\PV\I Forms and Applications12007 Augusllmprovement Agreement including Notice of Potential Assessment Lien -lndividual.doc
REVISED August, 2007
Page2of3
):'\i" ;",9ceived: rJ,j.;OO?
Planner: AL
.
.
WHEREFORE, the parties have hereunto set their hand this~ D .
day of Proh I , 20~.
,
SIGNATURE1S):
PRINT NAME(S): Dean Helfrich Trustee
of the Helfrich Family Revocable Living Trust
Q0--)~~ht
Gayle D. Helfrich Truste
of the Helfrich Family Revocable ~
STATE OF OREGON
COUNTYOF lctn{:
} SS
BE IT REMEMBERED that on this 10 day of I<rpt" , 200 '" before
me, the undersigned, a notary public in and for said County and State; personally
appeared the within named Dean Helfrich and Gayle D. Helfrich, Trustees of the Helfrich Family Revocable living Trust
whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged to me that fuf'i 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.
OFFICIAL SEAL
SHANNON MARIE DEAN
NOTARY PUBUC. OREGON
COMMISSION NO. 436761
MY COMMISSION EXPIRES FEBRUARY 19 2013
.lh/AnhlM rnfA't-1r O-eQn
Notary Public for Oregon
H bY-vel (~ I q, l...o 1\
My Commission Expires
CITY OF SPRINGFIELD
Development Service
/fIC.
e artment, Planning Division
(No notary required)
Reviewed and approved
By
Accepted by
Jl/H/M"~
Dennis P. Ernst - City Surveyor
STATE OF OREGON
COUNTY OF LANe:
} ss
BE IT REMEMBERED that on this 13 day of APR I L ,200lbefore
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 official seal
the day and year last above written.
~
~
OFFICIAL SEAL
CHRIS MOORHEAD
NOTARY PUBUC-0REGON
COMMISSION NO. 427460
MY COMMISSION EXPIRES MAR. 31, 2012
~~~
Notary Public for Oregon
Mo..rcL, 31 20 \ 1-
\
My Commission Expires
I:\PW Forms and Applications\2007 August Improvement Agreement including Notice of Potential Assessment Lien _ Individual.do.c
REVISED August, 2007
Page3of3
Date f~eceived: s-:~/aoo1
Planner: AL
.
.
EXHIBIT "A"
Beginning at a point being North 0003'43" West 2893.19 feet, North
89049'10" East 325.02 feet, and North 0001'31" West 35.00 feet
from the Southwest Corner of the Felix Scott Donation Land Claim
No. 51 in Section 25, Township 17 South, Range 3 West of the
Willamette Meridian, said point being the Southeast corner of the
Parcell Land Partition Plat Number 92-P0306 as filed in the Lane
County Surveyor Office, County File Survey Number 31021 said
point also being on the Northern right-of-way line of Hayden Bridge
. Road thence leaving said right-of-way line North 0001'31" West
438.89 feet the True point of Beginning thence South 89058'29"
West 87.28 feet; thence North 00003'23" West 175.00 feet; thence
South 89058'29" West 203.00 to a point on the Eastern right-of-way
line of 19th Street, thence along said right-of-way North 00~03'23"
West 651.76 feet; thence leaving said right-of-way along the
Southern right-of-way of Hayden Bridge Stub North 89058'29" East
290.73 feet; thence leaving said Northern right-of-way South
0001'31" East 826.76 to the True Point of Beginning, all in Lane
County, Oregon.
(cant. 4.71 acres)
Date Received: .>~/;"'of
Planner: AL
<-
4,1' >
'/,\ \,
.
.
IMPROVEMENT AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate)
IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter
referred to as City, and Dean Helfrich and Gayle D, Helfrich Trustees of the Helfrich Family Revocable Living 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.
2. Applicant(s) desires Development Approval from the City with respect to the following
Development Application SUB2008-0053
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 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 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 Hayden Bridge Road
to include: 00 surface paving; 00 storm sewers; 00 sanitary sewers; 00 curbs;
00 gutters; ~ planter strips; 00 street trees; 00 street lights; 00 sidewalks.
(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
'Division of Chief Deputy Clerk
Lane County Deeds and Records
2~~~.~2mo
1111111111111111111111111111111111111111111111111 $46,00
01070273200900237950040042
05/05/200909:22:16 AM
RPR-NTPOLIEN Cnt=2 Stn=6 CASHIER 07
$5.00 $20.00 $10.00 $11.00
AFTER RECORDING RETURN TO:
CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477
I:\PW Forms and Applications\2007 August Improvement Agreement Including Notice of Potential Assessment Lien - Indivldual.doc
REVISED August, 2007
Page 1 of3
Date, F,eceived; s:1p"p'l
Planner: AL
.
.
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:
SEE EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA:
Property Address:
Tax Map & Lot No.: 17-03-24 detail map nO.1 taxlot 610
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 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. 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 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 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.
I:\PW Forms and Applications\2007 August Improvement Agreement induding Notice of Potential Assessment Lien _ Individual.doc
REVISED August. 2007
Page2of3
Date Received: s:-1.6"of
Planner: AL
. .
WHEREFORE, the parties have hereunto set their hand this ID
day of Rj79;11 , 20~.
~r (\ \ \ ~~' 1
SIGNATUREIS1: .l.....r..v.1.1v---- ~ v\-
PRINT NAME(S): Dean Helfrich Trustee
of the Helfrich Family Revocable Living Trust
.LJ ~ ~L--
Gayle 0, Helfnch Trustee
of the Helfrich Family Revocable Li Ing Trust
STATE OF OREGON
COUNTY OF Lc.\. Y"\'
} 55
BE IT REMEMBERED that on this I i) day of 111 M I ,200 4 before
me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Dean Helfrich and Gayle D. Helfrich, Trustees of the Helfrich Family Revocable Living Trust
whose identity was proved to me on the basis of satisfactory evidence and who
executed the within instrument and acknowledged to me that .fu-i'y 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.
4,~ OFFICIAL SEAL
..... SHANNON MARIE DEAN
'~~ )~ NOTARY PUBUC. OREGON
~. ,,/ IJ COMMISSION NO. 436767
MY COMMISSION EXPIRES FEBRUARY 19 2013
-Sht, nn W1 yYlCl ~ f vean
Notary Public for Oregon
Ff\9n!o.f:1, 1"1 loP,
My Commiss on Expires
CITY OF SPRINGFIELD
R:;iewed and approved dL
Development Servic epartment, Planning Division
(No notary required)
Accepted by
iJOM~~ "
Dennis . Ernst.. City Surveyor
STATE OF OREGON
COUNTY OF LAN E
} 55
BE IT REMEMBERED that on this-LL. day of APRIL ,200lbefore
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 T, ESTIMONY WHEREOF, I have hereunto set my hand and affixed my official s~a
the day and year last above written.
~~
Notary Public for Oregon
. OFFICIAL SEAL
. CHRIS MOORHEAD
'.. i NOTARY PUBUC-OREGON
'.... COMMISSION NO. 427460
MY COMMISSION EXPIRES MAR, 31, 2012
Mo.. rGh. :t, 2.0(2-
My Commission Expires
l:\P'N Forms and Applicaiions\2007 August Improvement Agreement including Notice of Potential Assessment Lien _ Individual.doc
REVISED August, 2007
Page3of3
Date Received: S-.ft P~i
Planner: AL
.
"
.
EXHIBIT "A"
Beginning at a point being North 0003'43" West 2893.19 feet, North
89049'10" East 325.02 feet, and North 0001'31" West 35.00 feet
from the Southwest Corner of the Felix Scott Donation Land Claim
No. 51 in Section 25, Township 17 South, Range 3 West of the
Willamette Meridian, said point being the Southeast corner of the
Parcell Land Partition Plat Number 92-P0306 as filed in the Lane
County Surveyor Office, County File Survey Number 31021 said
point also being on the Northern right-of-way line of Hayden'Bridge
Road thence leaving said right-of-way line North 0001'31" West
438.89 feet the True point of Beginning thence South 89058'29"
West 87.28 feet; thence North 00003'23" West 175.00 feet; thence
South 89058'29" West 203.00 to a point on the Eastern right-of-way
line of 19th Street, thence along said right-of-way North 00003'23"
West 651.76 feet; thence leaving said right-of-way along the
Southern right-of-way of Hayden Bridge Stub North 89058'29" East
290.73 feet; thence leaving said Northern right-of-way South
0001'31" East 826.76 to the True Point of Beginning, all in Lane
County, Oregon.
(cont. 4.71 acres)
Date Received: ,. ~4otJr
Planner: AL