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Home My WebLink AboutCorrespondence Miscellaneous 2/24/2010 A .a.,., · ~~VVARD NORTHWEST . LAND SURVEYING . LAND PLANNING . FORESTRY PO Box 105 . Florence, OR 97439 . Phone: 541.997-9201 . Fax: 541-997.3546 2/23/2010 Andy Limbird City of Springfield - Planning 225 5th Street Springfield, OR 97477 Dear: Andy Enclosed for your file are the copies of the recorded documents & plat for the McKee Partition. 4fiLL Rob Ward Data ReCeIVGd:JjJ'i/'Jo1tl Planner: AL i' " . . . 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 referredtoasCity,and Ja.l'>l"<) 's,Md<ee.. ",..vA Kdhlf't":"I L Mc.~ 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 Approvai from the City with respect to the following Development Application SLl6'1.()O$ -OoD.3i . 3. The development will cause both an immediate and iong-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 compiete such public improvements. (b) Applicant and City acknowiedge 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 J2clro:;e.- ~'enu e to include: 0 surface paving; 0 storm sewers;'i(] sanitary sewers;' curbs; o gutters; 0 planter strips; 0 street trees; 0 street lights; 0 sidewalks. (b) TRAFFIC SIGNALS at the intersection of NItJ IIJIJ R E C E 1\1~OMPROVEMENTS Division of Chief Deputy Clerk Lane County Deeds and Records 2010.00o~~1 $62,00 FEB 24 2010 11111\1111111111111\ 11\1111\\ 111\\1111111I1111111 01131224201000069370040048 02/10/2010 RPR-AGRE Cnt=2 Stn=l CASHIER 05 AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD- PUBLIC WOFKS DEPARTMENT. $5.00 $20,00 $10.00 $11.00 $16.00 22.5 F';f~ Sr. ::,pr''':5f,'Id,o.e. 0, 74 77 I:\PIN Forms and A~ptication.1:2007 AugustlmprovementAgree"","1 inclUding Notice 01 Potentjal As....""'nt Lion. Individual.doc 11:36:27 AM By: REVISED AuguS\, 2007 Page 1 of3 :. . . . 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: Propenty Address: O'f'J.... Tax Map & Lot No.: 17-b3 -1...'t-31 Odrme- AueYli-( e TL i300 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 propenty 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 propenty, 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. R E eEl V E. :.... Page2or3 REVISEDAugu51,2007 FEB 24 2010 I;\PVV Forms and Applications12007 Augu.tlmpn:womenIAs,..,emenl indu~jng Notiee 01 Potential As.e.sment Lien - Individual.';"", Bv: I . I, ~ . . WHEREFORE, the parties have hereunto set their hand this 1:''";; f'- D JJ,ut:" ,20~; ,j ~ I'.. ('{leI) SIGNATURE(Sl;:(J~ ~. ('\\s....~ ~itI~ L ~ PRINTNAMEIS) ,JG.I'1'\"-S S, IIk'kee- Kc..1t-,lee.J.1 c... fi1cJ:.ee. day of } 55 STATE OF OREGON COUNTY OF U"rt-lE. BE IT REMEMBERED that on this d 3 day of J u-..,J. E: ' 20d before me, the undersigned, a notary public in and for said County and State, personally appeared the within named In''1'') S. ilAl'K:.7> };",:1-l,]..ZV1 (', M;..k~?: whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that -!I"v 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. ~~ G 1.- ~ RoJ--u.. Notary Public for Oregon -:S~I()ldOO"'\ MyCommls n Expires . OFFICIAL SEAL HEP.THER N REECE . " NOT A~ Y ?UBUC-OREGON COM~,W;SION NO. 394710 MY OOMMISSION LXPIRES JULY 10, 2009 CITY OF SPRINGFIElO 4,,1,t/Y/50f'?J .~ =:<.f((No notary required) approved lopment Servi ' RECEIVED Accepted by It._,_~ Dennis P. Ernst - City Surveyor FEB 24 2010 STATE OF OREGON COUNTY OF LAN" } 55 By: BE IT REMEMBERED that on this 2:4-r. day of ,J lJ N 6: , 200.3.."before 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. r-1ill\~iG~ Notary Public for Oregon ~ ro !'VI A(LCI-( ,) I LOI L.- My Commission Expires . OFFICIAL SEAL CHRIS MOORHEAD NOTARY PUBUC-OREGON ......) COMMISSION NO. 427460 MY COMMISSION EXPIRES MAR. 31, 2012 1,\PV1I Forms and Appl;~tjons\2llll7 August Impf<7>fement Agreement including Netic<! of Potential A$.e..m.nt Lf<," _Individual,do~ P.9~ 3013 REVISED August 2007 I > , .' " . . . EXHIBIT "A" PARCEL II OF LAND PARTITION PLAT NO. 93-0441, AS PLATTED AND FILED IN OFFICIAL RECORDS OF LANE COUNTY, OREGON (AKA LOT 14, GRANDVIEW ESTATES) EXCEPTING THEREFROM THAT PORTION DEDICATED AS DEL ROSE AVENUE BY THAT INSTRUMENT RECORDED JANUARY 13, 1994, RECEPTION NO. 94-02975, OFFICIAL RECORDS OF LANE COUNTY, OREGON RECEIVED FEB 24 2010 By: ..:;:.'...'. ..... . . PLAT DOCUMENT # Division of Chief Deputy Clerk 2010.0009~o Lane County Deeds and Records \\1\\\\\11\\\11\\1\\ \\\\\\\ \\ 111\\\\\\\\\1\\ \\ 11\ $77 ,00 0113122120100006936001001202110/2010 11 :36:27 AM RPR-PART Cnt=l Stn=l CASHIER 05 $40.00 $10.00 $11.00 $16.00 ""_" _ ."_ _ --"..---- -. - -. .- This document is Land Partition Plat No. 2010-P2424 Owner: James Scott McKee & Kathleen C. McKee . Dedicatee: City of Springfield Twn. 17S Rng. 3W Sec. 24 LANE COUNTY DEEDS & RECORDS ---L- - Parcels ....L- - Stickers RECEIVED ....1- - Res. Numbers FEB 24 2010 By: AFTER RECORDING RETURN TO: Lane County Surveyor's Office