HomeMy WebLinkAboutPermit Septic Tank 1996-8-5
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'. 0 IMPROVEMEN'" ~REEMENT - WAIVER OF RIGHT TO, ...:MONSTRATE
. \; (In Lieu of Immediate Construction of Public Improvement)
THIS IMPROVEMENT AGREEMENT is an alte~~i~'lb;.rrf?p~Sing a condition on ~eV~lopment approval t~':lt the
applicant make any public improvement that the development n~ce~sitates. The ~~Jec~lve IS to prom.ote efflcle~cy
and spread costs by having a district wide improvement mechanrsm Instead of requIring Improvement In connection
with each development application,
IN CONSIDERATION o'f the covenants herein recited, the City of Springfield, hereinafter referred to as City, and
Svcan B Corp_, hereinafter referred to as Applicant (current property owner(s)),
do covenant and agree as follows:
I r 1- r
WHEREAS Applicant desires Development Approval from City; and
WHEREAS, any future development within City or within City:s Urban ~ro~~ .Bounda.ry located in Lane County will
cause both an immediate and long-term demand on the various public faCIlities of City and Lane County;
NOW THEREFORE, Applicant and City agree tQ the following schedule of public facility improvements and respective
cost assumption policy:
STREET IMPROVEMENTS along the frontage of BALDY VIEW LANE
to include: (X) surface paving; (X) storm sewers; ()(.) sanitary sewers; (X ) curbs; (X ) gutters; (X) planter strips;
(X ) street trees; (X) street lights; (X) sidewalks,
TRAFFIC SIGNALS at the intersection of
OTHER IMPROVEMENTS
LEGAL DESCRIPTION:
SEE ATTACHED EXHIBIT "A"
1:;J.,~AUG " O't ~ 96#01 REC
gl!:'!AUG,,09~96ijD1PFUND
15.00
10.00
ADDITIONAL INFORMATION:
3333 BALDY VIEW LANE
Property Address
17 03 23 00 00602
Tax Lot No,
IT IS UNDERSTOOD that this agreement is enforceable by the State of Oregon, Lane County or City.
IT IS FURTHER UNDERSTOOD that 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 as may be proposed or adopted by the State of Oregon, Lane County or City and
to waive all right to remonstrate against such improvements, but not the right to protest the amount or manner of
spreading the assessment thereof, if the same shall appear to Applicant to bear inequitably or unfairly 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, The improvement agreement waives the property owner's right to file a written remonstrance, It does
not waive a property owner's right to speak on the proposed district or any related matters orally or in writing,
NOW THEREFORE, City agrees that Applicant's execution and performance of the terms of this 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, the said Applicant shall
be entitled to Development Approval; and
IN ADDITION, 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,
WHEREFORE, the parties have set their hand and seal thisS day of
---~
AIlOI1<::1t
,1996,
-,.
By
\Q ('"^-' ~ ~~
Direclor of Public Works
By S L, {tJ41 ;6 t-r //l
?'Pplicant (Property O~ner)
STATE OF OREGON)
SS
COUNTY OF LANE)
On this 5TH day of !tUif/i_<:;/"
named applicant(s) and signed the above document.
By ~,L I-~ te.s;)ttt,l
APPlicany (Property Owner)
I
" 1996, there personally appeared before me the above
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;"~r,;, ,it); r,l~f;W,~bl\:'\~r:~::,~:':';;;;\rJ r \N~~rfore~~(J
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: ' ....,y CD"~:t'I~M,' ""U:S CL 1.". IJ~a j , I
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RETURN TO: CITY OF SPRINGFIELD PUBLIC WORKS DEPT. - 225 FIFTH STREET, SPRINGFIELD, OR. 97477
'1,
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. , 9654265.
,EXHIBIT "A"
. . ,
B~ginning at the Northeast corner of the William M. Stevens Donation Land Claim No. 46, Township
17 South, Range,3'West,Willamette Meridian, thence South 240 52'50"East 1309.44 feet along the
East boundary of said Donation Land Claim; thence South 670 17' 10" East 25,02 feet to'a point on
the East margin ofa public roadway (Baldy View Road), thence along the East margin of saic;J public
road'South 240 52' 50" East 50.00 feet to the True Point of Beginning; thence 'North 670 17' 10" East
261.05 feet, thence South 240 52' 50" East 167,00 feet; thence South 670 17' 10" West 261.05 feet
to the East'margin'of a public road; thence,along said East margin North 24052' 50" West 167.00
feet to the True Point of Beginning.. all in, Lane County, Oregon, . ,
ALSO: B~ginning at the northeast corne~ of the William M. Stevens Donation Land Claim No. 46~
Township 17 South, Range 3 West of the Willamette Meridian; thence South 240,52' 50" East ,
~309.44 feet along the East Bqundary of said Donation Land Claim; thence North 67017' 10" East
2B. 5,~2 f~et ttoha pciinNt ortnhth6e7~a1s7~ m1 O~,rgEin Otf5a2'2Pu1boli: rotatdhway (BsaldYthV2ie4"': 5R2~a5do)"toE thte5Toruoeo Pf ointt of I,
eglnnmg; ,ence 0 . as ,lee; ence ou .. . as, ee ;
,thel)ce South 67017' 10" West 522,10 feet to he East.margin ofSCiid public road; thence along s,aid
margin North '240 52'50" West50.00 feet to the True Point of Beginning, all in Lane County, Oregon,
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State of Oregon, .,
County of. Lane - 55,
I, the County Clerk, in and for ihe said ,
County, do hereby certify that the wiihin
instrument was received for record.at
CJ AVG 96 11: ~2
· Re~1 2204R
Lane County OFFICIAL Records
Lane ,County' Clerk .
By:
,UJl/l ~~~
County Clerk