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HomeMy WebLinkAboutCorrespondence APPLICANT 5/6/2009 (2) ,: l/ \,;/' -/> . . ~)~ 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