HomeMy WebLinkAboutAgreement APPLICANT 11/3/2009 (2)
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IMPROVEMENT,AGREEMENT
INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN
(In Lieu of Immediate Construction of Pub[i~ Impravem~nt; :incrudes Waiver of Right to Remonsfrate)
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
Development Application
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 ihe time the City determines to undertake
and complete such public improveriients.
(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 G--st
to include: 0 surface paVing;~ storm sewers; OSanitary sewers; U curbs;
o gutters; 0 planter strips; street trees; )8-Gtreet lights; itl!idewalk;;.
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(b) TRAFFIC SIGNALS at the intersection of
(c) OTHER IMPROVEMENTS
(Bar Code Sticker)
AFTER RECORDING RETURN TO:
CITY OF SPRINGfiELD - PUBLIC WORKS OEPARTMENT - 225 fIFTH STREET - SPRINGFIELD OR 97477
I:IPW Forma.d AppftcaU""o12001 A~g~oIl"","'vemo"t ....g'......nl ..c"'~lng NOlie. 01 PClortl.1 A.....MOn! U.n _ LndMdual.doc
REVISED Augual, 2007
Pogo 1 013
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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11111111111111111111111111111111111 1111111 1111111 $62,00
0111217120090061~B10040042
11/03/2009 09:42:05 AM
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$~.OO $20.00 $10.00 $11.00 $16.00
Date Received:
NOV - 3 2009
;J;L-
Final Submittal
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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 I
therefore, differ from the list of improvements checked herein.
7. LEGAL DESCRIPTION:
SEE EXHIBIT "An
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
AKA:- ---- Tax Map& LotNr 17-0'3-j(,-!/ #fqOO
Property Address: ')..66'). f(:l. (, 5 1.\ G s . .
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 deveiopment 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 reiated matters orally or in
writing.
11. It is the intention of the parties hereto that the covenants herein conta'ined 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 resuit 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.
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REVISEDAugUI~ 2007
Date Received:
NOV - 3 2009
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Final Submittal
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WHER
day of
the p rties have hereunto s~~ba~nd this ~
I E
PRINT NAME(S):
. r~ ~^A (,
\?en"'- A. ~)~ G'E"~e~ CosSev\
} ss U
STATE OF OREGON
COUNTY OF Lo. VI .e
, 20cfi before
me, the undersigned, a nota ty and State, personally
appeared the within named
whose identity was proved to me on the basis of satisfactory evidence and who
execute'd the within instrument and acknowledged to me that 3(h-e.'i executed the
same freely and voluntarily. .' .
IN TESTIMONY WHEREOF, I have hereunto set my han
the day and year last above written.
OFACIAL SEAL
KRISTA K SCHNEIDER
NOTARY PUBUC - OREGON
COMMISSION NO. 4<W788
MY COMMISSION EXPIRES JULY 6, 2013
CITY OF SPRINGFIELD
(No notary required)
Accepted by
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Dennis P. Ernst - City Surveyor
STATE OF OREGON }
COUNTY OF La" e ss
BE IT REMEMBERED that on thiSJi.!.!.. day of 0 C fob e r ,200_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 voiuntariiy
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
. the day and year last above written.
9(
Notary Public for Oregon
~rcA 3t 'ZorC-
. . OFFICIAL SEAL
. CHRIS MOORHEAD
\. i NOTARY PUBUC-OREGON
.... COMMISSION NO. 427460
Ifi'( COMMISSION EXPiRES MAR. 31, 2012
My Commission Expires
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REVI5EDAu;u.~2001
Po;e3013
Date Received:
NOY - 3 2009
Final Submittal 4.---
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EXHIBIT "A"
Commencing at a point 540 feet North and 440 feet South 890 30' West of the Northeast
comer of the James A. Ebbert D.L.C. No. 74 in Township 17 South, Range 3 Wet of the
Willamette Meridian, in Lane County, Oregon; thence South 890 30' West 95 feet;
thence North 135 feet; thence North 890 30' East 95 feet; and thence South 135 feet to
the Place of Beginning; all being in what is known as "HOME ACRES" Ross M. Small's
subdivision lying East of Springfield, Lane County, Oregon.
Date Received:
NOV - 3 2009
Final Submittal ~