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HomeMy WebLinkAboutCorrespondence PLANNER 10/1/2008 . . Page I of I L1MBIRD Andrew From: L1MBIRD Andrew Sent: Wednesday, October 01, 20084:21 PM To: FARRINGTON Phil (SMTP) Cc: MOORHEAD Chris Subject: RE: Birth Center Improvement Agreement Thanks Philip, the recording fee was $46 and the City Surveyor's office will prepare a separate invoice. Andy From: Farrington, Phil [mailto:PFarrington@peacehealth.org] Sent: Wednesday, October 01, 20084:17 PM To: UMBIRD Andrew Subject: RE: Birth Center Improvement Agreement Hey great, thanks! Yes just put a copy of the agreement in the pick-up box and I'll retrieve it nextlime I come by to give you caramel corn. If there's a fee to us for recording, just attach an invoice with it and I'll take care of it. Thanks, Phil -----Original Message----- From: UMBIRD Andrew [mailto:alimbird@ci.springfield.or.us] Sent: Wednesday, October 01, 2008 4:06 PM To: Farrington, Phil Subject: Birth Center Improvement Agreement Hi Philip, the City Surveyor's office recorded the Birth Center Improvement Agreement at the same time as some other documents, so I have a copy for you next time you're in City Hall. Not sure if it was a mistake, but at least it saves you a trip to the County Deeds & Records office. Andy This message is intended solely for the use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable state and federal laws. If you are not the addressee, or are not authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, distribute, or disclose to anyone this message or the information contained herein. If you have received this message in error, immediately advise the sender by reply email and destroy this message. Date Received: /~~/,20t'i Planner: AL 10/1/2008 . . 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 ~ ('E ;t; hereinafter referred to as A plicant(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 fr.om the City with respect to the following Development Application 7Jlc UlIJP- tUJtf2--, J>#;I1; !lltlJ'EM1iJ/I/!f!!Y 8/J<'/ff . CE;V~ 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 [lEA 0 rY\ 0-0 P r/2lll!.. Y ioAD to include: D surface paving; D storm sewers; D sanitary sewers; 0 curbs; D gutters; D planter strips; 131 street trees; ,gj street lights; D sidewalks. (b) TRAFFIC SIGNALS at the intersection of (c) OTHER IMPROVEMENTS Division of Chief Deputy Clerk ~^^O.^~A~~A Lane Counly Deeds and Records 'UUQ UW'~v' "111I11I111111I11111111I111111111111I111111I1111 $46 ,00 01028821200800549340040045 09/30/200803:43:14 PM RPR-AGRE 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 l:\PW Forms and Appllcallons\2007 Augusllmprovemenl Agreemenllncluding Notice of Potential Assessment Uen - CorporatlOl1.dGI:; REVISED August, 2007 P'g" of3 Date Received: /~;'/:Z"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 "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AKA: Property Address: Tax Map & Lot No.: /1-05-/')-10, nJI2-Zflt7 35'3 PMj);V1tJNl> f'J4<./( V /?t?,4D 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 FllfTTlS anti ApplicaUons\2007 August Improvement Agreemenllncluding Notice of Potential Assessment Lien - Corporation. doc REVISED August, 2007 P'g.''''' Date. Received: /~f/~", Planner: AL . . WHEREFORE, thei parties have hereunto set their hand this 25/i day of ,(~Teu13J;/1... , 20~. Signature: Print name: !)!/ZEtW/l-/..1,A1f) We. I'?1NNrN{i- ~ :OE~;CAp..Ir ?EJlr;E//6tv7! (Title & Company) Signature: Print name: (Title & Company) } 88 STATE OF OREGON COUNTY OF BE IT REMEMBERED that on this ?-c=;- day of '7Ci(l~V ' ,200_before me, the undersigned, a notary public in and for said County and State, personally appeared the within named ,-----P/ilL.l;J! 'M,/, V( f'll/i 107" whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that is/are the Drr{(..,'lrn [f)A/l.fI. MH rW'1.J1-~ of Peo...WV-J.I'JI/] and does acknowledge said instrument to be the free act and deed of said Corporation, and that the seal affixed to said instrument is the Corporate seal of said Corporation, and that said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. IN TESTIMONY WHEREOF, I have hereunto set my han[and affixed my offici,al seal the day and year last above written. / 1 (I ~ ~. "Llr/:;- ...;.. ".;',---, Notary Pu~ for Oregon NOWIV fIIaIC . 0U80N ~..tlllhHO. .''''--1UflJ :31, ;).0 ('CJ/ My CommYssion Expires CITY OF SPRINGFIELD Reviewed and approved By (No notary required) Accepted by /J~~ Dennis P. Ernst - City Surveyor STATE OF OREGON } 88 COUNTYOF LAN~ BE IT REMEMBERED that on this [,5+ " day of Sf:. \?T e"\ \)8'L. , 200B 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~al the day and year last above written. ~ ., """""" ~ ~ , : CHRIS MOORHEAD No ary Public for Oregon ..,.... NOTARY PUBUC-QREGON . MYCOMMIS~?~~IR~sN8J2~1~~012 MA (I.( H '5 I r 10 I Z. My Commission Expires I:\PW FOllTlS Bnd Appflcatlons\2007 August Improvement Agreemenllncluding Notice of Potential Assessment Lien - Corporation.doc REVISED August, 2007 P,,"of3 Date; Received: 1~/(H1()f Planner: Al . . EXHIBIT A Beginning at a point on the South line of County Road No. 90, said point being 469.0 feet North 690 55' West from an iron pipe, which according to reco~ds is 16.6 feet South 260 36' East and 57.34 chains South 690 55' East from the Northwest corner of the William M. Stevens Donation Land Claim No. 46 in Township 17 South, Range 3 West of the Willamette Meridian; and running thence North 690 55' West parallel to the North line of said claim, 169.6 feet more or less to the East line of that certain tract conveyed by John Haxby and Esther Haxby, to Earl H. Brown and Eva L. Brown; thence South along the East line 274.2 feet; thence East 169.8 feet more or less to the West line of the tract conveyed by John Haxby and Esther Haxby to Opal Irene Allen; thence North 274.2 feet to the place of beginning, all being in Section 15, of said Township and Range, in Lane County, Oregon. Dat~ fteceived: /CJ//~"tJ P' Planner: AL ....