HomeMy WebLinkAboutAgreement APPLICANT 9/8/2010
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AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT
JASPER ROAD EXTENSION
DEDICATION OF RIGHT OF WAY TO LANE COUNTY
PARTIES:
Gordon Webb
860 Ocean Drive
Bandon, Oregon 97411
Hereinafter "Webb"
City of Springfield,
A Municipal Corporation of the
State of Oregon
225 fifth Street
Springfield, Oregon 97477
Hereinafter "City"
Lane County,
A Political Subdivision of the
State of Oregon
125 East 8tn Street
Eugene, Oregon 97401
Hereinafter "County"
RECITALS:
WHEREAS, the parties described above, together with other parties, have entered
into an agreement for construction of Public Improvement Jasper Road Extension
Dedication of Right of Way to Lane County dated July 3, 2003; and,
WHEREAS, several issues have arisen with respect to the execution of that document
between the parties to this agreement, which need to be addressed in a separate
agreement; and,
WHEREAS, Webb, as a condition of execution of Dedication of Right of Way for the
Bob Straub Parkway (Jasper Road Extension) has requested certain consideration.
NOW THEREfORE the parties agree as follows:
AGREEMENT:
1. Lane County will grant facility permits to allow Webb temporary access on to
and across the Parkway both during and after construction in order to allow
Webb and Webb's tenants to access Webb's property on either side of the
Parkway right-of-way. This access is for vehicular traffic only and does nOh.l
Agreement for Construction of Public Improvement Jasper Road. 1 Date Received: 1, il MID
Planner: AL
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allow Webb or his tenants to move livestock by foot across the Parkway right-
of-way once construction commences, notwithstanding provisions of ORS 607.
2. The boundaries of Webb's property along the Parkway right-of-way shall be
fenced and gated in a manner to prevent cattle and other livestock from
moving on to and across the Parkway. A "v-mesh' or 'hog wire' fence with two
strands of barbed wire would be satisfactory and sufficient to keep cattle off
the road and access driveway and include termin::ltina fence costs 12 feet
back from the centerline of each sixteen-foot access drivewav. fences will be
installed bv the Citv or the Countv orior to the start of construction. Webb will
install oates and minimum fencino as mav be necessarv on Webb's orooerty
oarallel to the edoe of the Parkwav rioht-of-wav to secure the east and west
entrv ooints of the drivewav to the Parkwav rioht-of-wav. Citv shall oav for
this fencino and oatina. includino installino uo to a 16-foot tube-oanel
livestock oate and hinoes. Webb is resoonsible for anv catino costs bevond
those described.
3. The temporary access point referenced in 1 above will be located at the
existing farm road that extends east fro the farmhouse to the Weyerhaeuser
Road.
4. The temporary access driveways may be used by Webb for any lawful use
allowed by the zoning existing as of 7/1/2007.
5. City agrees that once urban development is proposed for Webb's property that
a full intersection will be permitted to be constructed in the vicinity of the
driveways referenced above. City agrees to recommend. this intersection in the
vicinity of these driveways in the proposed refinement plan for the Jasper-
Natron Area.
6. City agrees that once the Comprehensive Plan and zoning modifications like
those proposed in the Jasper-Natron Specific Area Plan are in place and urban
development is proposed for Webb's property, Webb has the right to construct
a public road consistent with the adopted plan for the area. The City and
County will permit Webb to construct a public road for a full intersection
consistent with the adopted plan. Webb will obtain all other necessary permits
from other agencies as needed for the actual construction of the intersection
improvements. Upon construction of the publiC road for a full intersection, the
temporary access point referenced in 1 above shall be closed.
7. Citv aorees to oav for the cost and installation. in the vicinitv of the access
drivewav or an installed culvert. of a 6-inch sleeve to accommodate an
aoricultural waterline from the west side to the east side of the Parkwav rioht-
of-wav to allow current aoricultural activities to continue.
8. County and City have previously agreed that Webb will receive compensation
. Agreement for Construction of Public Improvement Jasper Road - 2 14 /
Date i'leceived: l'1,.)o / Q
Planner: AL .
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for his execution of the right-of-way dedication in the form of Transportation
SDC credits for all right-of-way that is dedicated in excess of a 60-foot width
at the rate of $24,000 per acre. By reason of the relocation of the right-of-
way into, upland areas that do not contain wetlands and the possible payment
of compensation to other property owners who are dedicating right-of-way,
Webb requests additional compensation be paid to reflect the adjusted right-
of-way location-a net change in area of about 2.07 acres. This would be in
the form of annexation credits that would be attributed to the property at the
time it is annexed to the City of Springfield and valued at the fair market value
of the property at the time of annexation. This credit is in addition to the
Transportation SDC credit referenced above.
9. Except as may be modified herein, all other terms and conditions of the
Agreement for Construction of Public Improvement Jasper Road Extension
Dedication of Right of Way to Lane County entered into on July 3, 2003 shall
remain in full force and effect. '
GO~ N WEBB
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CITY OF SPRINGFIELD
By.L, AJ 4--.zr
(j;? e.~ ~~t<"
LANE COUNTY
I (I '21 D "I
REVIEWED & APPROVED
A~ TO FORM
. \=~~\.:) l~A,t'<1
DATE:..:::u I? I "1'.
OFFICE OF CITY ATTORNEY
BY: LU~~' ') -
APPROVED AS TO FORM
Date 7-/7~",..,.. I
...J . r ane county
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OFFICE Of LEGAL COUNSE( .
Agreement for Construction of Public Improvement Jasper Road - 3
Date Heceived: 0'~/o
Planner: AL
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STATE Of OREGON)
) ss.
County of Lane )
Personally appeared before me on the la+"lday of July, 2007 the above named
Gordon Webb, and acknowledged the foregoing instrument to be his voluntary act and
deed. '
DATE:
July 13, 2007
&-t (l Kb
Notary Public for OregOO
My Commission Expires:_4-30-o9_
~'->.. OFFICIAL SEAL
,.,...., GERI A BETZ
.~ . NOTARY PUBLIC-OREGON
... COMMISSION NO. 391367
MY COMMISSION EXPIRES APR. 30, 2009
STAT,E Of OREGON)
. ) ss
County of Lane )
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Personally appeared before me on the ~ cay.of July, 2007.the above named
Jerry D. Smith as Acting in Capacity as City Manager for the City of Springfield and
acknowledged the foregoing instrument to be his voluntary act and deed.
DATE:
July 13, 2007
_ Rj).u. n &-tL>
Notary Public for Oregan
My Commission Expires: 4-3tJ-09
~ . OFFICIAL SEAL
,.,,,,, GERI A BETZ .
711::.
~'fJ' NOTARY PUBLIC-OREGON
.;:. COMMiSSION NO. 391367
~ COMMISSION EXPIRES APR 30, 2009
STATE OF OREGON)
) ss
County of Lane )
Personally appeared before me on the /1>-0, day of July, 2007 the above named
William Van Vactor as County Administrator for Lane County and acknowledged the
foregoing instrument to be his voluntary act and deed.
'vn pJ 1-q...-m iJ. ~ _
Notary Public for Oreg6!\...
My Commission Expires:lW X:,;)-O I 0
I '
I) OffiCIAL SEAL
". MEUSSA A ZIMMER
'. ; NOTARY PUBU~REGON
.... ..' COMMISSION NO, 404527
, MY COMMISSION EXPIRES JUNE 8, 2010
Date !4eCeived:#"
Planner: AL