HomeMy WebLinkAboutCorrespondence PLANNER 10/1/2008
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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
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Date Received: /~~/,20t'i
Planner: AL
10/1/2008
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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
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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,
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
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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
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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
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