HomeMy WebLinkAboutCorrespondence PLANNER 6/30/2009
.
MILLER Liz
.
From:
Sent:
To:
Subject:
Attachments:
MCEACHERN Clayton
Tuesday, June 30, 2009 8:48 AM
MILLER Liz
Rough Draft of Lease Agreement 2187 5 F 5t
Rough Draft ofLease Agreement 21875 F 5t.docx
Here is the Len Goodwin approved draft lease letter. He recommends John Ash read it and approve it before we send it
to Joe Leahy for a legal write up and getting signatures from John Ash and whoever would sign it here.
1
Date Received:
Planner: LM
!II {oldf
.
.
.
Memorandum
City of Springfield
Date: June 12,2009
To: John Ash
From: Clayton McEachern, Civil Engineer
Subject: Options to continue access to the Booth Kelly Road for 2187 S F St
Based on recent site visits by city staff it appears that the owners and tenants of2187 S F St
(TL-18-03-01-000-3800) are using city owned property (Booth-Kelly Haul Road- TL 17-03-
35-000-0307) for business access, parking, and storage of surplus material.
The Booth Kelly Property Road is not public Right of Way, but is a tax parcel owned
outright by the City of Springfield. This parcel borders the Springfield Mill Race, which is a
water quality limited waterway with required riparian setbacks that include the Booth Kelly
Property Road. The Mill Race is undergoing several enhancements projects which will
restore this stream to health and improve its water quality. As part of these projects the City
would like to eliminate possible future sources of contamination and encroachment on the
Mill Race.
To accomplish this goal the city would like to enter into a lease agreement with the property
owner of2187 S F St (Currently John Ash) for a period of5 years. At the end of the 5 year
period the lease could be extended or changed depending on the needs ofthe city or property
owner at that time.
The lease would have the following conditions:
1. The property at 2187 S F St will be charged $1 a year for continued access rights'to
the Booth Kelly Road Property.
2. The Booth Kelly Road Property could only be used for business access for tenants or
owners of2187 S F St.
3. No additional access points from 2187 S F St would be allowed to the Booth Kelly
Road Property from the current access points identified on the most recent plans
approved by the City of Springfield.
4. No parking would be allowed anywhere within the boundaries of the Booth Kelly
Road Property
5. No material of any kind could be stored with the boundaries of the Booth Kelly Road
Property
6. The Property owner of 2187 S F St would be solely responsible for maintaining the
serviceability of the Booth Kelly Road Property frontage necessary for access
7, This lease does not confer any access right to the property (TL 1703-35-000-0300) to
the west of2187 S F St, currently owned by the Swanson Group
8. When any improvements are proposed along the Mill Race that may impact this
access full cooperation will be required by the current owners and tenants of2187 S F
St. This may include termination ofthe lease with a minimum notice of90 days.
9. Any future plans for Mill Race improvements will emphasize water quality and
riparian function and any reasonable measures that will preserve access ithout
harming these functions will be made. /
Date Received:
Planner: LM
Memorandum
.
'---('
I) fA,it-.
.
City of Springfield
Date: June 12,2009
To: John Ash
From: Clayton McEachern, Civil Engineer
Subject: Options to continue access to the Booth Kelly Road for 2187 S F St
Based on recent site visits by city staff it appears that the owners and tenants of 2187 S F
St (TL-18-03-01-000-3800) are using city owned property (Booth-Kelly Haul Road-TL
17-03-35-000-0307) for business access, parking, and storage of surplus material.
The Booth Kelly Property Road is not public Right of Way, but is a tax parcel owned
outright by the City of Springfield. This parcel borders the Springfield Mill Race, which
is a water quality limited waterway with required riparian setbacks that include the Booth
Kelly Property Road. The Mill Race is undergoing several enhancements projects which
will restore this stream to health and improve its water quality. As part of these projects
the City would like to eliminate possible future sources of contamination and
encroachment on the Mill Race.
To accomplish this goal the city would like to enter into a lease agreement with the
property owner of 2187 S F St (Currently John Ash) for a period of 5 years. At the end
of the 5 year period the lease could be extended or changed depending on the needs ofthe
city or property owner at that time.
The lease would have the following conditions:
1. The property at 2187 S F st will be charged $1 a year for continued access rights
to the Booth Kelly Road Property.
2. The Booth Kelly Road Property could only be used for business access for current
tenants of2187 S F St.
3. No additional access points from 2187 S F St would be allowed to the Booth
Kelly Road Property from the current approved access points identified on the
most recent plans approved by the City of Springfield.
4. No parking would be allowed anywhere within the boundaries of the Booth Kelly
Road Property
5. No material of any kind could be stored with the boundaries of the Booth Kelly
Road Property
6. The Property owner of 2187 S F St would be solely responsible for maintaining
the serviceability ofthe Booth Kelly Road Property frontage necessary for access
7. This lease does not confer any access right to the property (TL 1703-35-000-
0300) to the west of2187 S F St, currently owned by the Swanson Group
8. When any improvements are proposed along the Mill Race that may impact this
access full cooperation will be required by the current owners and tenants ,'of 2187
SF St.
9. Any. future plans for Mill Race improvements will take into account reasonable
. . tmeasures that will preserve access to 2187 S F St that do not harm the riparian
. d ill futw~n or water quality of the Mill Race.
Date Receive lL ~;j.-
Planner: LM I V ~ Dtvc loo](ropt Ji (J\r;r?J I DevtlofJ(lVnf ApoJj<~ I ~c.dt / DPC / C }W1