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HomeMy WebLinkAboutOrdinance No. 19920ORDINANCE NO. __~~D AN ORDINANCE LEVYING ASSESSMENTS FGR PAVING, SIDEUVALKS, CURB AND GUTTERS, STREET LIGHTS AND STORM SE~IVERS GN GOODPASTURE ISLAND RDAD 2004-FEET N{~RTH OF VALLEY RIVER DRIVE TD 425-FEET NDRTH DF KINGSLEY STREET; AND DECLARING AN EMERGENCY. ~CCNTRACT 92-26} The City Council of the City of Eugene finds that: Cn the 10th day of February, 1992, as authorized in the Eugene Code 7.160~5~ and 7.160~7~ta~ the City Council initiated the proposed local improvement consisting of paving, sidewalks, curb and gutters, street lights and storm sewers on Goodpasture Island road 2400-feet north of Valley River Drive to 425-feet north ofi Kingsley Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 27th day of July, 1992, the City Council formed the local improvement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be X754,253.65 and the amounts to be assessed to and borne by the specially benefiitted property and to be borne by the City or others has been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Exhibit A attached hereto and incorporated herein by reference. The City Council has esfiablished the method ofi calculating local improvement assessments in Sections 7.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.1 S5 of the Eugene Code, 1971 has been posted on a bulletin board at City Hall and given by certified mail to the owners ofi the parcels of real property subject to the assessment more than ten days prior to the public hearing before the hearing official, At the time and place specified therein, a hearings official heard all evidence and argument presented, and no remonstrances having been filed, has fully considered the same, and has reported his or her adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the hearings official's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE ODES ORDAIN AS FaLLO11VS: Section 1. The Summary of the hearing conducted by the hearings official are hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.160 to 7.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement comprising of paving, sidewalks, curb and gutters, street lights and storm sewers on Goodpasture Island Road 2000-feet north of Valley River Drive to 425-feet north of Kingsley Street is $754,283.65 of whr`ch $477,79S.5S is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. The City Council does hereby determine and assess each lot and part of lot being within the described local improvement district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. Section 4. The City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted to the extent of the assessment set forth. The Finance Officer shall give notice of the assessments to the owners of the assessed parcels advising them the assessment may be paid in full, without interest, within ten ORDINANCE - ~ days of the effective date of this ordinance. Assessments that remain un aid after the p ten day period are declared to be liens upon the respective lots, parts of lots or arcels p of land against which said several amounts are assessed, and may be paid, with interest on the unpaid principal amount commencing ten days after the effect date of this ordinance: 4.1 In up to twenty semi-annual installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024. 4.2 if the property owner so elects, in 120 monthly installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service charge to be determined by the City Manager as provided in E.C. 2.020. Section 5. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following: 5.1 A description of each lot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, that the name of the owner is unknown; and 5.3 The sum assessed upon said property, the amount and date from which interest accrues, and the date of entering the same in the docket of City Liens. Section 6. Upan enactment of this ordinance, the City Finance officer shall send notice of the assessments by first class to the owners of the assessed parcels containin 9 the information required by Section 7.190 of the Eugene Code, 1971, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. ORDINANCE - 3 Section 7. Any assessment remaining unpaid and for which no ap lication for p installment payments has been received may be foreclosed as provided b law. The Y proceeds from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, en ineerin and 9 g related expenses or which are used to retire any indebtedness incurred b the Cit for this Y Y improvement. Section S. That the matters contained herein affect the public welfare and safet and Y therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval b Y the Mayor, retention by the Mayor for more than ten days, or readoptian over a ma oral Y veto by two-thirds of all members of the Council. Passed by the City Council this ~~day of ~~,,-~ 1993 ~+ , r City Recorder 398,723.62 Approved by the Mayor this ,~ay of , 1993 G~ ~~~~~ Mayor ORDINANCE - 4 FINDINGS AND RECOMMEt1iDATIONS SUBJECT: ,PAVING, SIDEWALKS, CURB AND G ,STREET LIGHTS AND STORM SE~f~ERS ON GOODPASTURE LSLAND ROAD 2~-FEET NORTH OF VALLEY RIVER, DRIVE TO 4Z5-FEET NORTH OF KINGSLEY ROAD CONTRACT ~9Z-26} BACKGROUND Gn July 27,1992 the City Council adopted resolution no. 4339 which authorized the forma~on of a Local Improvement District (LID} to improve Goodpasture Island Road from 2000-feet north of Valley River Drive to 425-feet north of Kingsley Road. The project has now been constructed and is ready for assessment to the benefitting property owners. A public hearing concerning the proposed assessments was conducted on June 2, 1993 at 6:00 P, M. in the first floor conference room of City Hall II, Hearings Gfficial Jack A. Billings presided. A copy of Minutes taken during the public hearing are attached to these Findings and Recommendations as Exhibit "1". ASSESSMENT COSTS At the Mme of the formation of the LID, the preliminary costs quoted to property owners were as follows: 36-foot paving $56.791frant foot 20-foot paving $35.941front foot Sidewalk $12, 081front foot Driveways $ 2, 681square foot A sizeable amount of the benefitting property along this project is owned by the City of Eugene. Under the City's assessment policy, 63 % of the final improvement costs will be distributed to the abutting property owners based upon the costs for the project as follows: 36-foot paving $51, 471front foot 20-foot paving $31.951front foot Sidewalk $10.0 l lfront foot Driveways $ 3.031square foot The City's share of the costs of the project are as follows: PavinglSidewalkl Lighting $217, 946.07 -1- Storm Sewer $ 55,539.D0 City's portion of Tax Lot No. 700 $ 31,456.21 City Properties $236,609.59 ASSESSMENT ISS[]ES Two property owners have raised objections to their assessments: Ellis Jones and Dennis Haney. Issues have also arisen about the property owned by McKenzie River Broadcas~ng and a storm water project. Ellis Jones: The Jones' parcel is approximately 16 acres in size and has 422-feet of frontage along Goodpasture Island Road. It appears it was previously used as a plant nursery by Mr, Jones and operated under the name of Island Gardens. The nursery activity appears to have been abandoned. Located on the property is a mobile home. At the time of the LID hearing, Mr. Jones stated that the property was in transition from nursery production to the development of an english walnut orchard. This property is zoned R A and could be developed more intensively. Because of the location of the mobile home and the development potential of the rest of the property, Staff recommended at the LID formation hearing that the first 10D-feet of frontage be considered developed with a single family residence and eligible for assessment as a 2D-foot wide equivalent, Staff then recommended that the remaining 322-feet be treated as undeveloped which would result in assessment for the entire 36-feet of the improvement. Mr, Jones has been very clear throughout that he opposes this characterization of his property and has wanted the City to treat the entire parcel as developed with a single family residence. The Hearings Official recommended to the City Council that the Staff position be adopted. The resolution adopted by the City Council did not vary from those recommendations. Dennis Hare : The Haney property is just under two acres in size and is located on the north side of Goodpasture Island Road near the Kingsley Street intersec~on. The famil Y home is located on the parcel. There is 375-feet of frontage along Goodpasture Island Road. Staff made the same recommendation for this property as it did for the one owned by Mr. Jones; that is, that 100-feet by treated as associated with a single family dwelling and that the balance be assessed for the full width of the project. As with the Ellis Jones' grope ,the ~' City Council resolution did not deviate from the recommendation of the Staff and Hearings Official that this property be assessed as described. McKenzie River Braadcastin :McKenzie River Broadcasting owns a parcel with a ve ion ~ g frontage on Goadpasture Island Road. Staff has previously recommended the assessment of the property for a 60-foot wide frontage because the parcel is heavily encumbered b the Y Delta Ponds, The owner of the property has never objected to this pro sed assess~nent~ _2- Rather, the objection has been made by Mr. Jones who continues to believe that the radio station is receiving some preferential treatment. As with the other properties, the Staff position and the r~ommendation of the Hearings Of~.cial were presented to the Council at the formation of the LID. That particular recommendation is specifically enumerated in the Council resolution. It should also be pointed out that the Staff recommendation concerning the radio sta~on property does not cost the other property owners anything. The additional costs which would otherwise be assessed against the radio station are paid for by City of Eugene SDC funds. At the time of the public hearing, an agreement had been presented to the radio station, which indicated that if the property was ever further developed and relieved of the encumbrance of the ponds, that the portion of the assessment paid by the City would be recouped from the property owner. That agreement has now been signed by the property owner and is attached as Exhibit "2". In summary, the adoption of Resolution No. 4339, following the recommendations of the City Staff and the Hearings Official with respect to the above property, forecloses a revisiting of these assessment issues. It is the finding of the Hearings Official that the resolution is consistent with the Eugene Code. Storm Water Prate t: An issue not debated at the Mme of the LID formation was the i ~i ~ -~~i~ Innn4iimii~~~io~~~ construction of a storm water quality project which has been constructed on a part of the frontage of the radio station property. As noted in the Minutes of the June 2,1993 hearing, Mr. Jones has complained that the cast of this work has been assessed to the property owners. He believes there is no benefit from this project and that it is, in reality, a "boat ramp" far the Parks Department. The Minutes from the public hearing reveal that the cost of creating this project was off set by the ability to use the removed material for embankment purposes in the roadway construction. The treatment project is a very simple concept which has involved the flattening out of a portion of the bank separating the roadway from one of the ponds. The purpose of the flat area appears to be to allow storm water run-off to pass through and aver vegetation and rip-rap. The intention is to provide same opportunity for aeration and purif~catian. The Hearings Official is aware, as would be the City Council, that issues regarding water purity and clarification are and will become increasingly important in our community. It appears that this project was of little or no additional cast. From a visual inspection, it did not appear that this area would be useful for a boat ramp. It is the finding of the Hearings Official that any costs associated with the construction of this part of the project are properly assessable to the property owners. It is the further finding of the He~ngs Official that this project have been initiated and bid in -3_ accordance with the Eugene Code and will further the health, safety and welfare of the citizens of Eugene. Additionally, it is the finding of the Hearings Official that the assessments for this local improvement district are assessments for local improvement as set forth in SRS 310.140 because: (1) The assessments do not exceed actual costs; ~2} The assessments are imposed by a Capital Improvement Construction Pro'ect which J provides a specific benefit to a specific property or rec~fies a problem caused b a . Y specific property; ~3} The assessments are imposed for a single assessment upon com legion of the ro'ect~ p P J and (4) 1'he assessments allow property owners to elect to pay off with interest over at least ten (10) years. Therefore, it is the recommendation of the Hearings official that the Ci Council ado t a . tY p resolution assessing the property owners as set forth herein. Respectfully submitted., lack A. Billings Hearings official -4- PUBLIC HEARING AND SITE INSPECTIGN REF(]RT SUBJECT: PAVING, SIDEWALKS, CURB AND GUTTERS, STREET LIGHTS AND STORM SEWERS GN GD(3DPASTURE ISLAND RUAD 2404-FEET NGRTH GF VALLEY RIVER DRIVE TD 425-FEET NaRTH QF KINGSLEY ROAD ~CGNTRACT #92-26~ 0n July 27,1992 the City Council adopted resolution no. 4339 which authorized the formation of a Local Improvement District SLID) to improve Goodpasture Island Road from 200-feet north of Valley River Drive to 425-feet north of Kingsley Road. The project has now been constructed and is ready far assessment. A public hearing concerning the proposed assessments was conducted on June 2, 1993 at 6: Qa P. M. in the first fluor conference room of Ci Hall II. . .. ~ Hearings Official Tack A. Billings presided. The Hearings Uffzcial opened. the public hearing by describing its purpose. He indicated that minutes would be taken and forwarded to the City Council with findings and recommendations regarding the proposed assessments. The Hearings Official then tailed upon Les L le, Ci • ~ .. y tY Engineer, for a description of the project and the assessment decisions. Mr. Lyle f rst introduced Bud DeSantis, Project Manager. Mr. Lyle noted the histo of the . .. rY project and that it is now time to make final assessments in conformance with the Eugene Code. He noted that a variety of issues were raised at the time the Local Improvement District was proposed, concerning how various properties were to be treated. He said that the findin s and . g recommendations from the earlier public hearing had been presented to the Ci Council and tY were part of the recommendation of staff when resolution no. 4339 was adopted by the Council. He further stated that many of the same issues which were presented at the time of the on final . g public hearing are still unresolved as far as the property owners are concerned. He first commented on property owned by Ellis Janes which has 1 b acres and 422-feet of frontage. It had been recommended to the Hearings official during the formation of the Local Improvement District and also to the City Council that 1oD-feet of Mr. Jones' fronts a be treated . g as a single family dwelling which would therefore be assessed as a 2~-foot uivalent. It appears that the property was earlier operated as a plant nursery. The property is now Jar el gy undeveloped except for a mobile home. The balance of the frontage is recommended for assessment at a full 36-feet in width. That part of the property is counted by the Staff as vacant. Mr. Lyle further noted that there is a deferral available because of the zoning of Mr. Jones' property of the difference between a 2$-foot and a 36-foot facility for the 322-feet of fronts e. g A deferral agreement has been presented to Mr. Tones for his consideration which would -1- ~iBir. ~ . FAGS ! OFS establish the deferral. Upon inquiry from Mr. Jones, Mr. Lyle showed him that the a reement . g was available immediately. Mr. Lyle also stated that the deferral was not dependent on a e or g income. Another property which had been the subject of separate discussion earlier is owned b Dennis . Y. Haney. This property ~s dust under two acres ~n size and is located on the north side of Goodpasture Island Road near the Kingsley Street intersection. A home is located on the arcel p which has 375-feet of frontage along Goodpasture Island Road. The Ci had similarl tY Y recommended that l0U-feet of the property be treated as developed with a single famil . Y residence. This would be subject to an assessment as a 2a•foot equivalent, with a balance as the full 36-feet. This property is zoned differently than the Tones' parcel, and so there is no abili to defer any part of the assessment. Finally, the property owned by McKenzie River Broadcasting has also been se aratel . P Y considered. This property zs largely encumbered by some of the Delta Ponds. The Staff had recommended that the frontage for that property be treated as 60-feet wide and assessed for the full 36-feet of the roadway. The City has presented an agreement to the owners of the station that if the character of the Delta Ponds is ever changed and the grope becomes available for . ~y improvement, that the entire property would be assessed equivalently for 36-feet of roadwa . . „y That agreement has been delivered to McKenzie River Broadcas~.ng and outlines the cond~~ons for the agreement. Mr. Lyle stated that it is the recommendation of Staff that the casts be distributed in the manner presented to the Eugene City Council at the time of the resolution and as prescribed b the . y Eugene Cade. The Engineer s estimates for the preliminary costs which were quoted at the LID hearing were: 36-foot paving $56.791front foot ~0-foot paving $35.941front foot Sidewalk $12.~81front foot Driveways $ 2.681square foot He advised that the final unit assessable costs are as follows: 36-foot paving $51.471front foot 2~-foot paving $31.951front foot Sidewalk $1 D. ~ llfront foot Driveways $ 3.031square foot Mr. Lyle noted that the f nal amounts are generally lower than esd.mated at the LID hearin . g The Hearings Official asked Mr. Lyle what the effect of the Staff recommendation would be if McKenzie River Broadcasting decided not to sign the agreement? Mr. L le answered that he . Y does expect the station will sign the agreement, but asked the Hearin s official to kee the g P _~_ EXHIBIT ' . PAGE .~:.OFS record open and to allow McKenzie River Broadcasting to be heard if it decided not to do so. The Hearings Official indicated that he would keep the record open unti15:00 P.M. on June 9 1993 for that purpose. The Hearings Official then called on Dennis Haney. ~Mr, Hane stated that he is not at ease . y with the City of Eugene or its construction contractor. He stated that the contractor used his property for storage of equipment and materials without permission. He needs to mow the parcel but he cannot do so because of the material which was left behind. Some of this material may be hazardous. Mr. Lyle stated that if damage was caused b the contractor the Ci wants Y ty the contractor to correct the problem. Mr, Haney also stated that he doesn't now know where his property corners are. The property was not left in good condition. Both Mr. DeSantis and Mr. Lyle stated that the property will have to be cleaned u b the .., P Y contractor if it s determined to be a contract issue. Mr. Lyle further stated that Burin deli n g g~ he had a crew do a survey of the corners. He noted that the contractor is res nsible for the Po protection of the corners. The next speaker was Ellis Jones. Mr. Jones essentially read from the draft of his remarks. He has provided a ftnal version to the Hearings Official which is attached to these Minutes as Exhibit "A" . The reader is urged to read all of Mr. Jones' remarks, since a summ does not ~'Y really do them Jus~ce. For ease of understanding of these Minutes, it is noted that Mr. Jones made essential) two y points. His first point is one carried over from the time of the LID formation. Mr. Jones is critical of City Staff for deciding to assess only 100 of his 422-feet as develo ro .Because the .. P~ P Pe~Y remaining 322-feet are treated as vacant, he is required to pay the full 36-foot assessment. Mr. Tones believes that there is no provision in the Code to authorize such a determina~on and that the Staff s decision was arbitrary. In essence, he wants his entire 422-feet of fronts a treated . g as a developed single family residence property. Related to this issue is his unhappiness that the City is permittin McKenzie River Broadcastin g g to be treated as having only 60-feet of frontage, He believes this is a full develo Y P~ commercial property and that the Delta Ponds do not harm the operation of the radio station. Therefore, he is upset that the radio station is getting a break to the tune of about 31000 on $, its assessment. Mr. Jones' other concern had to do with a storm water run-off ro'ect which is situated . PJ immediately next to his property. It appears that Mr. Jones believes that this articular ro'ect P PJ was constructed at some considerable expense, based on time and materials and is in reali a tY boat ramp for the park department. He complained that a roximatel 2 500 cubic ands of PP y y material was removed from the radio station's private grope and no char a was made for the ~y g material, He thought that none of the waste water project should be char ed to ro owners g P Pe~Y •3- IXHi61T! PAGE 3 OF5 because he thinks it is really a boat launch and parking. Mr, Jones pointed out that based upon the topographical maps it would appear that the elevation at the edge of this project has been reduced 10 or 12-feet. Mr. Jones' wife offered her remarks which included that the City Engineer simply made his own decision, irrespective of the Code and that people can't pay for full assessments along a frontage of 300-400 feet. Mr. Lyle responded that he and other Staff members have heard from Mr. Jones many times before, including at the initiation, design and construction of the LID. He said that the Staff has consistently recommended a different approach than the one desired by Mr, Jones. He also noted that the Hearings Gf~.cial adopted the Staff recommendation and the findings and recommendations and that the City Council approved those recommendations when the resolution to form the LID was adopted. He further said that with regard to the McKenzie River Broadcasting Company, the City of Eugene is picking up the difference as otherwise would be paid by the station by using "old" SDC funds. During his remarks, Mr. Jones had been critical of the fact that the Eugene Parks Department had not sent a representative during the earlier LID hearing. Mr. Lyle responded that the Parks Department was aware of the proceeding and chose not to send a representative, The City of Eugene would be paying the portion otherwise assessed against the Parks Department. It is still City of Eugene money which is being spent for that part of the contract. The Staff had recommended using the SDC money, rather than general fund cash. Mr. Lyle stated that the storm sewer waste water project was not intended as a boat ramp and not constructed to be one. He believes that regulations are and will be changing regarding storm sewer discharges and Staff is expecting this project will partially address water quality requirements. He called the proj ect a storm water "facility" which is intended to pre-treat storm sewer run-off by requiring it to pass through vegetation and to spread out before it reaches the Delta Ponds. Grassy material and willows are intended to stabilize this feature. He also noted that the material which was removed to create this structure was used for embankment purposes for the road project. The cast associated with removing the material was about as much as it would have cost to bring in additional material from the outside for the embankment work. It was up to the radio station to establish whether a fee would be required for the material that was removed. The station decided to give the City a right of entry without cost. He said Staff is trying to restrict to access onto this area in order to allow the area to establish vegetation, None of the cost of the maintenance is part of the assessment in this project. He also noted that the Staff did not have the design of this part of the construction completed at the time of bidding since agreements had not been reached with the owner, Mr. DeSantis stated that the removal of this material and its use in other parts of the project was cheaper than bringing the material in from outside. In response to a question from Mr. Jones, Mr. DeSantis stated that to impart material would have required about $23,000. To dig up and remove the material cost about $19,000, -a- EXNI~IT! PAGE ~OF~ There then followed some questions by Mr. Haney regarding the amount of fronts a and extent . g of paving width charged to vanous other properties, Then, Mr. Haney stated. that Lane County has assessed his property at $49,560. The assessment against his property for this improvement will be about $21,000, He said that is entirel too . Y much considering the value of the property. He is aware that the grope ma have a market . ~y Y value higher than the assessment, but he still bunks it's too high. The Hearings Official stated that he would take a look at the area, specificall includin the . Y g storm water protect. In response to another question from Mr. Jones, Mr. Lyle stated that a conven~onal drama e .. ,g system had bin put in the original plan. However, he said that the changing rules re ardin . .g g water quality suggested that this project should be considered. Mr. Janes stated that it a s • pp~. that the en~.re cost of this water quality project is being paid by prvpe owners. Mr. L le .. ~y Y stated that it is being paid by all properties that are a part of this project, much of which is owned by the City of Eugene. 'There was no further testimony and the public hearing was adjourned, On Tune 3,1993, the Hearings Official drove out to the project area, It is apparent that the Cit Y Staff used the word "facility" very broadly. This project involves a couple of drains e i s g p~ between 15-15" in diameter which protrude from the embankment which su its the roadwa . p~ y They empty out on a flat, rip-rap and dirt surface which is perhaps 34-feet wide and 100-feet long. This appears to be the area where the material was removed that Mr, Tones was concerned about. This area is approximately 3 or 4-feet higher than the Delta Ponds surface and does nat uniformly slope into the water. This does not appear to be a boat ram nor one that . P~ could be readily converted to that purpose. In addition, the turn into this area is abru t enou h . p, g through a fairly narrow curb cut that it would nat readily work for vehicles hauly~ trailers. g It appears to be exactly what the Staff described, an experiment regarding the im rovement of . P storm water run-off, before rt makes Its way into the Delta Ponds. The Hearings Official has no expertise and would offer no opinion about whether it will work as intended. Also attached as Exhibit "B" are photographs submitted on June 8, 1993 b Mr.lones. Y Respectfully submitted, lack A. Billings Hearings Official -5- EXFlI~It! PRGE 5 OFS ~~.lz.s Janes testimoney ~.~ssessment Hearing June 2, 199 N'y naJme is Ellis Jones-~Z:~ha~~a owned proporty at ~aac?pa ~ture Is~.s.nd ra a~d f.or thirty years, ~~rhich is zoned R~. ~~:in~Ie ~'arnily r~es~.dertial~ . Z att,er~ded an infor~ratianal meetir~~ on Nov, 199:x, regarding a proposed r ., .~ ~ ~ # The City not~.ce of Nov. ~, 1991, st<<.~ed ~~~at ac~~~ttir~~ property ow~~eris would be assessed far casts an~~artior~ec?~ c}n a front fc~atag e basis, ~ Les Lyle subseruer~tl~ cor~f irr~ed this in writing befc~rc ar~bitrdrily deviating f~~~ t~i~ ~1,ty ~ade. 1'he Parks Dept. of. the City of E`~~~~ene, whic~~ is the ~;wner~ of over 5J~ of the f rc~ntag:e in~ralved was not riot if ied of the proposed ympravement and no Parks reps°sent~ative attended t~~.is ar any st~bsec;uent meeting. .; d Cn Nor, ~J, 1991, at an information meeting, I talked with city en~s~ineer E Rud reSantis~ asked him how assessments were ~r~ade, and specifically horv ~ r I x~fould be affected, I was told that I wo~~~.d be c~~arged for 10° depth of road fr~~nta e paving pli s curbs, curb cats, arld sid~wdlks, g .. ' F • } I asked some further questions re ~.arding some other 1~peCi~:'il'J properties, g nr~t~e of v~~xich have s in~;le f are ily residential zoning, -as I do-, and was told that the City would pick up extra widening center costs dependent upon their zoning. 3 I Later I called De"antis and he told me the applicable City bode was '7,175 s } '7.1'75 states, regarding street assessments, ~~} ~b~ 1, ~f ~1~ ~a~~ '* 3 ~ • . . . e I "' ~ . t! ~~ ~. ~a~ ~Farcels user for existing single-family dwellings and existing duplexes may be assessed for a maximum width as follows : ~ a~ Farc~els a~utting arterials, or collector ~~ streets identif°ied as such vn the Eugene Planned Street and High~~ray Right- ~~ V 3 of wa lan as an~roved b Council rnAav be assessed for a r~axi~um of ~ ~~ ~ J ? ~J feet of w~ idth. I • t' ekes to base its loci Les Lyle, In h~.s tes.,lmony upon which the City Council r sicns, has consistentlyT ?nisr~epresent the ~tirording of the coc'e. E~dmnle~: Can awe ~ & 3 of the Januar. 14th memo Les L le totes that the ~ pg y y criteria is riot whet~~er the tax parcel meets the ~ and the underscoring is his } v~~ord ing of the City Code 7.175 as cited, but whether the and ividual tax parcels are developed or undevelo ed. The new wordir~~;s of r~~.~w.+r.rw~~rr ~.. 3 de~rela ed anc' undevelaoed are his and not in the Code, as cited, nor does the ward vacanct, and ~~vacant land~~ ~~ applicably appear although Les Lyle uses these wordings frequent~.y, 1 I do de~r~and that m share of the road casts be allocated on the bas~.s of y the City Code as it is now written and not on some ones dream of ne~'~~ criteria, Z ask that i be char ,ed far a 1J' depth of the nay°in~r costs based ~~pon the 'S width of. the front footage of my tax parcel. ~.~ ~~ ~ /~ Page ~; Ellis Jones You are not praposin~; an allocation of. raad casts based u~o~~ the fit Cacae. You are a «ter~ _ ~ ~ ~t ing to penal ize f inanc ~.all~~ the property a~~ner ~T~fhca se f. rant raad frontage does not hay-e houses cn it ~,he Full ~.en~th of the front foc;tage. If this pror~osed allat~atic~n of road construction casts is r~c~t basen uoon .raad frontage, anc~ u~az~ the wrif,ten pity rode ~.t ar.~parentl~~-~ is a selective arbitrary tax and .fund ralsin~; de~rlce.~~~~~. ~~~~Y~~~~Y~~~ Ex.an~ple : Tax Parce~..~26JJ ~- 31~ ~ of .road. f.roritage~ one olc farmr~c~use about 75 years old , one d i~, ipated shed, one old b~ i.ilc~ ing ~-xzirh v~~as a 19~;~ts ACC baracks moTred here f.ror~ Camp Adair st ~artidllis. Neither ~u ~.lc~ ing, w~~, ic~i are rentals , could probabl~• ~~~ meet e ither~ city fire yr building codes if an inspection were made~~. ~~operty is adjacent to rn~ on the north. Ya~.~~prop~osed, and q,ues~tionable road cost allocations Mould make this tax parcel pay fora 1Q~ road E depth while simultaneously requiring a payment on my tax parc~I~ 1D0~, of 1~ My conclusion is that you penple are not interested in fairness~~ -- only in raising revenue. E I ~~ould suggest that road allocatia~n cost be made by an independent private .ac count ing f irr~ ~ -~ the s ituait ion we have here is of the fox guarding the henhouse. E anything I have said shou~.d also apply to the Hone propert - 3 she Haney property, tax lot ~4Q1, --less tha~h ~ acres, one farmhouse that has been in the same location for over 5Q ears -and vu are- savin y ~" ~ g that road ~v~sts on his tax parcel should be charged to him at an BQ~~ higher than E~~st~ side of the raad acros ~~ from him` ~~~~ You are denying him the benefits of the City Qode, ' ~ ~ because of your arbitrary characterization of the tax parcel ~~not fully develaped~~ who is the wild eyed dreamer who comes up with this arbitrary criteria's ~k d incidentally, what are the criteria?~ Taxpayers are en±itled to ~~ax~ consistent and fair treatment -not everchanging rules and interpretations by public employees , ~ t { Re~ardin~; tax parcel ~~~JQ +~ Les Lyle wrote an January 14th that this prc~nerty did not qualify as being eligible for a lQ' ' depth E road assessment. In a July l~, 199 hearing he reversed himself entirely '~ and stated that'now ualified and would be char ed far a 10~ de th q g p ~~~~~ ~,~ ~3 ~ I wonder what happened 'cetwee January 14th tv change his rnind?° Reference Tax lot ~7oQ Mc~en~ ie Radio. They are be in char ed for , onl ~ fi0 ~ g g ~' of construction costs. the City of Eugene, in a sweetheart deal, is paying ~31,~~. JJ far 51~~ ~ of road frontage which is their private property.,with ~' 11 ~ public funds , - ~ ~,~~~ r ~ r~ ~~ ~~ This is a fully developed private commercial radio station, successor to two previous radio stations. The entire area of. ownership is being used. ~ by 'the radio twwer and supporting guy wires. It was ~huiTt on this site ~ because the site, being close t~o water, has favorable transmission aualit ies. The City is paying X31, oQ!~. ~JQ ~~beeause it is 'wetlands': I,` En~~T~, RAGE .~ OF..~, Page 3 Ellis Jones The facts are that they'. .ot~~n and use their fu~_1 property and ~~,~~ should have to pay their share of road construction casts, based upon a front footage just as da other taxpayers. Prior to the road project, I became aware that the City of Eugene was ~~ desirous of having a boat launching site and parking an r. adio station propE and road right of way, across fror~ the boulders, ~ '~ ~n Sept, 19, 1992, I received a notice from the City of Eu ene stating they ~; ~ ~ t would begin constructing a stormwater runoff treatmen~~ ~ediarectly across the street from the boulders on the River apartments. which happens to be the same area I referred to above , No indication was given in the notice that this was. a ma jor excavation project and that the contour of the land would be completely changed. . There was an innocuous reference to a Swale which wou7 d be one foot deep, six feet wide, and will follow the contour of the lanc~.~' T:~ here were at least ~5~4 cubic yards of material rernaved from the Bite-- mnstly from radio station property. The radio station received nv compensation from the material nor for a permit of entry. phis p~ project has an add on item, -~ it was not in the road construe bid and does not service ai~~ of the assessed property having road P ~i assessments from this project, The only ~~~~~ storm water drainage into the 1~~~ pipe is from six curb gutters north of_ the property an about 15J~Y' of assessed road frontage, The 18+~ pipe runs north t~ the end of the road construct ion project where it is c ~.pped and will serve. areas ~~~~~~~~ to the north towards Beltline road. There are no ~x storm drainage improvements on my own road frontage . This pro ject should. not be ~~~ be chargPC~to ~~~~~~~~~~~ property owners , It is a c ap it al in~nrovement~ properrty c~~arged to the city of Eugene which will be reimbursed by SDC funds as anti~;ipated developernent r c . ~ 6 C~•~ Pdha is comtemplated am unts to dcuble taxation ~- lst the city collects . ~ . for a capitol impro~~ ~ then.collectp a Gecond tame through system develapement charges. This work ryas an add on item, including the so-called experimental stormwater treatment excavation. It should be recalculated with a charge to the City of Eugene and a credit to each taxpayer -with a minor adjustment for the tiny bit of vrater ~~ahich goes to the ~.8~~ pipe. The job ~~.as not bid but was paid for on a time and materials basis . This storr~;rYater treatment c,?rt~.inly cost a lot of money for ~x~~x an almost non functional -~ro j ect at t~~is t, ime. developed I will say that it appears to me that the~rea would make an exc~e~llent boat launching site and parking site for the Eugene ~'r~rks ~7epar~~l~~~nt. E~F~~~3T..~,. Rf~~E 3 OF.~ page ~ E'llis Jones With regard Tax ? of ~.~~, ~~~~, 1;~~~, w~~~~'~~s ~~r,~~ ~, l,~y o~ n-ug,"ne P ather than the Parks Department paving for the road .f ~~ont age as s ~~ s spent :~~~:~e ~'; i Uy is exempt Zng the parks Department from the pa~;ne~1t iri the a}n~ ~xr~t ref a!~o~at `~?`?~,~'~~~.~~~~7. The sto~~y iG that the Parks De~artmen~: has a ~uetlands situation -the s~~~ne as ~vnen t~ie~~ purchased it - r~o stly wi state and Federa3 ~~one~~. ~~r~~ ~' he Farks department s~~~ould properly be ~a~ririg ~;~~~~.w. ~.ssessrr~ent for side~~~a.lks, etc but the city is makir~g the ~ayr±:ent ~rif~~~~~ funds Wh~.ch are unidentified ~ ~f.c} 1~cz~~G beE+n given several ~,~erslons} and ver~~ possibly intended for other purposes, ~~t a. time v~~hen Eugene ~.s 7:~l~;acin~g poverty, it is i~r~ortant that the c a t i~~en4 are a~rar~; in detail, how f~.~nr] s are derived and ealleeted and how they are spent. Thank yau. EXE~d~iT /~ FE ~°~F~ G4 ODi'~S ~HR~ IS~L~N D' R~ .A.D PR ~ J~ ~ ~ ~' Index: Pi~tu~e:~'' Set ~'A~' T~ Lot ~70~~~ Rfe~~~t fey ~~1 ~ Gr~.we 1 Ro a~ running w.e s t ~~ seen f rorn the North ~.~$ Sage, taken from S ide~w.alk~ l.ec~king U~eat ~~~a Sane a~.e ~1 frem further Northa Indicates condition a~' ~b~.~nk befere gr~ve~, add~ed'a A~-~~ ~ea~t end of gravel rva~dwa~r~ Termina$es as assn an the right Pictures: Set n'B~~ Tax Lot 74G -- Radio Sta~tfe~a B `.~,~-1~ end of lSn' storywater runeff pipe Which gees V~®st to Goodp~s~ furs Island Road ~. theme N arth about 9G0~. where it ie; ca:~rp~ of ~n Ia bene~°~.c ia~. ~a property ®r~x~ers~ vnl~ bf reps iv~.ng cu~~ grater from fi garb gutter entr~.e~~ R -~$ Looking Sauth~ ~ V~'est during constructiana~ ISM' pipe in center~~ Bea Sage a~s B~~'9 but mare tv the east ~ 18~" pipe in center ~~,~ Evoking South ~- N ote tree re®~ p~ile~~ tvp~ of tree. ~ ®ther naive vegeta~t~.©n ~ bee~~ removed aid hauled frame e~ite~ ~, Picture~~ Set n~~Q Tax Lit ~'74~ ~ Ra~dia Sta~tier~a C~~,, e~fCa~.r~tena~nCe~' ]31zbYic V~rorks Department for ~~ da~a~q l~pr~il 9th a~nc~ ~~thi ~:993~, a~bvut fi menths~ after conlplet ~.on of the Geod'»~ pasture zs~.and Read ~re~ecta ~~.~'~ Same. Date n Hea~r~ eguipr~ent ~~~aintenanca'~'o Excavated material haute d eut ~ Cru4~h r®ck hauTe d ina . ~~-~~a. Later date ~- F®nce erect ion ata~rte~ C--~Q April ~9 and 30th 19930 He~v~ equipment "'Maintenance"`~ P ictur~, Set "~"'~ Tax Lot #"~'GG ~ Raid iQ St at ~.on D~la ~.fter the April 29~~G "'~~aintenance"` ~loc~d posts moved' Fencing and Cxate Pro sect underw~~ D~.~ Look~.ng South ~ Laoke 1 ike a~ good b®at launching site ~ 18"=~ p~~ipe in centers Swale 1~ deep~~ and fi ~' wide dor~,nhiY~: from drain pipe ~ Gated .~rea~ D~~~~ Looking North to fenced ~ gated area shvwr~ in p~-1 and Duo n.-~ 1 Lo©king North ~ Fencing Fae~tsin:~tallec~ ~ e~~owe gated are~~ gravel rvadwa~~~ and Native Plant mater~.a~1 adjacent on the North, ouch as Lupine9 aak, Oregon maple, poi~~n oak, wild' ro ae ~~, Oregon grape, about the ~~~,e as were c~.e area from the "~s~tormwater"' pr recta There ~°cre a~l~e ~~~iller~ and c~-ttvnwoeds~4 G1~~~~~ ~ z U ~~~ t (1~ Goodp~asture Island Road Pro jest ~:,~c'~t.q`'`_ ~~upplement~l Inform~.tion to Assessment Hearing •PT.un~ ~9 T93~ I request re~.ca~oul~~tion of a~ss~essmente;n ~.~ Road ir~~rave~ents~ on Tam Lot l~p~~ T7-~4~~4~~ ~n All Pro sect charge, an T Lat 7~~~ T7~4~~~~4~-Z~~ ~~ A1~, charges f yr the ~.Sn' 1 ins f ror~ Tai Lat 7~~' t® the ~ orth end of the praject~ Reference Ite~. ~~ M The rva~~dw~y work constructed beyond and West of tb.e ~~ - sid'e:wal~k w a.s unnec~e~s~ar~ to the read pre sect ~ T hip constitutes ~ c its improvement to the a~'ner~® Cae:~~~s should. ~~e charged ent .rely tv the Pa.rks~ Dept ~ ~ C i$y of Eugene ~ r~:ith ~.1 other read frantage ar~ners cred'it~~ T re quest that thiq be done The pictures in Index ~"A"', be13.e the a~se.rtion "~th~t there ryas al re ~dy a rv a:d the re m~ T he act of raising the elevation of the read' ~~ith ~ 4'r overlay of asphalt d~.d net ne~c®sa~ita;te th.ie o~~ ra~ada e~penditu~® ~ ~ ich does not benefit vthe~ property owners in any ways Reference Iter~a~, 2~ & ~+~~ A1~. Charges ~ at this Bite mould be calcu~.ate.~~ toge~he~ w.~.th the 18'~~ip~e ~~p~~~pt ~ as n®n as e~e e,s~~ble dr~in,d c ~pac it ~ " ~~.. Capped p ipe ~~ the la~~` pipe and its outlet a:re p~°ir~a~rily fvr~ future use' of Other arrea~n Yt should be notEd that the ~~~67 ~ of rv ad frentage South of Tax Lot ~'70~ is served by 8 curb draans~ r~hich handle rainwater a~t a~ reasonable cost I am sure that taxpayers will be glad tv receive a nvrrns:~. f rea~~n~ able charge far drainage where the 18"' pipe e~ie~te~~ T h a.nk ~Io u a a`~"~~R ~ Allis A~ J©nes ~. 'S ~ ~ vc~, rc h. fl II ~~ S~~~wt ~o~-~, E i f i ~~ ~ ~ ~ ~ ~ a~ ~~sP ~ -e STORM.. ATER RUNOFF TREATMENT AREA CONSTRUCTION PROJECT ~~` . `.. .~ :~. City of Eugene Public wodcs Engineering Wildish Construction Co., contractor for the improvement on Goodpasture Island Road, will begin constructing a stormwater runoff treatment area near the Dena Ponds during the week of September 2I. The area will be directly across the street from the entraance to the Boulders on the River apartments. This is one of the first projects of its type in the Eugene area. These prototypes will help us better understand the effectiveness of using natural areas to treat stormwater. City staff will closely monitor the area. As we learn more about how these stormwater treatment systems work, we may have to make adjustments to ensure they operate as planned. `~~ ~~~ ti • ~ ~ ST~RMWATER RUNOFF ~\ } S :L Y.. : ty .v: tif: • h•. . . ~. :ti ~ ~;'- .n~ ~ ~.:. :. ~~:~~ REATMENT ARE A ~f;. ~s:: .rti~ ;~~~:~ ~::.~ ~ The stormwater runoff treatment area \' YAL:" • • ~~ ~~~~~~ ti..ti .~. will collect and clean the runoff from ~ ~~~ ~- ~~`~ : ti: ti ~ ~ buildings, parking lots, and roadways in .L :~tS ~ y. ~ •:ti~j 1ti:~~h• :::~: ,,,~: ~ .~ the immediate area before It enters the . .~,. }~~•~'~ ~~~~~ .,tit ,~• ti.n ~',, ~ ~ , >~2 Delta Ponds. Two storm sewer lines will ::~. ~ w ~ti,. y • iti• ~~:~-~~_ ~ ~' ~~ drain into agrass-lined Swale. The Swale L~ ~.. ~::.: `~ ~~ will be a roximatel one foot dee~] and ~ ~ s tilkVii ~~'~' ~.}'.' :tom f •.r._ •.s ~ ~ six feet wide and will follow the contour ~~: ~~~µ~: ~~ ~ ,., ~ • ~~ of the land. It will be designed to dis erne ~ o f ~; ~ ts:.. :+~~,~,~ ~~ti••-~,•~ ,,~ • the runoff so ~t can spread over a wider ~~.~~~, •. ~ $~~, _.~~.•~• .,. ~ arcs. From the Swale, the water will drain .. ~~ 551`(~~1 VJ ti ~'~4~'::1: ~,,~ -:; `-•.~~ slowly to tic Delta Ponds, filtering `~`~~~x~~' ~ throe h rases and willows before it ~~ f = ' 1 ~ enters tl~e Pond. f ., ~~` n ... ~ ~ ~ Initially, the contractor will have to ~: ~. h :\.l. ?~~~~r{: ~~.: ~ ~ . remove existing vegetation and soil. A ~:: :,f~,~ti ~~ `~'f • `;~~: last ecolo ist recentl serve ed the area P g Y Y ~fi. :~~. y ' and found that because the site had been :; y : .: ,~:~.s• ~~ `~~~4 disturbed rev~ousl there were no P Y ~~:~ ~ remaining native plants. We hope to ~ ~~~ improve the site by planting grasses in the ~~~~'~~ Swale and along the slopes, and by reintroducing willows along the banks of the Pond. WHAT IS STORMWATER RUNOFF As land develops, Viand surfaces become covered with buildings, parking lots, and roads. These impervious surfaces make it mare diflrcult for rain to percolate, by natural means and by natural rates, into the groundwater, Instead, rain becomes runoff that flows into the storm conveyance systems. These systems are not connected to the wastewater treatment plant, but flow directly into local waterways, such as the Willamette River. The runoff picks up and carries any pollutants from the surfaces aver which it travels. In general, the greater the amount of impervious surface on a parcel, the greater the quantity of stormwater runoff from the parcel, WHY DO WE HAVE TO TREAT STORMWATER In recent years, federal and state agencies have become concerned about the quality of stoimwater and the degradation of natural resources inside urban areas. Revisions to the federal Clean Water Act are requiring cities with populations over 100,000 to develop comprehensive stormwater management plans that will reduce the amount of pollutants entering streams and channels through stormwater runoff. The city is currently developing a stormwater management plan that is unique in its effort to incorporate natural drainageways, open channels, and wetlands into an overall management strategy. FOR MORE INFORMATION For more information about the stormwater runoff treatment area, please call the stormwater/wetlands program at 683-6839. For information about the road construction project, call Bud DeSands at 687-5291. EXHISIT ~ PAGE._OF SET "A" PHaT~S not attached; they are on ale and ava~~able by written request to the City Recorder's aff ce. LOCAL IMPROVEMENT ASSESSMENT SPECIAL CONDITION AGREEMENT BETWEEN: The City of Eugene, a unit of ~~i~~ local government of the state of Oregon AND: Mckenzie River Broadcasting Property Owner Company, Inc., an Oregon Corporation _ EFFECTIVE DATE: RECITAT~S A. The City has proposed avin , sidewalk and storm sewer im rovements on . P .g p Gaodpastnre Island~'Road from 2000 feet north of Valley River Center to 425 feet north kingsley Road. ~ ~ . • B. Property Owner is the owner of real property ~"the Property"} which abuts the public right-of-way to be improved for 571.6 feet of frontage. The legal description of the Property is set forth in Exhibit A and is incorporated in this agreement by this reference. C. .The Property captains bodies of water commonly known as the Delta Ponds, which the. City and Proper~r owner recognize as being a community asset. D. The City ands Pro e Owner. desire to enter into this A reement coneernin the P ~' g g proposed improvements and proposed assessments relating to those improvements. . AGREEMENT 1. ~eq_u~red Informa~i,on for,.,,,Recordation. State law requires that each instrument affecting title to ro er must set forth certain information an the first a e of the PPtY Pg agreement. 1.l Consideration. The consideration for this agreement is for value other than money, being the mutual promises set forth herein. ~ . 1111 1111 1111 Special Condition Agreement - 1 EXHIBIT 2 PAGE ] of ~ 1.Z Tax Information. Until a change is requested, all tax statements shall be sent to the fee title owner of the property at the fallowing address: McKenz~ a R~ ver Broadcasts n Co. ,Inc. 925 Country Ciub Road, Suite 200 Eugene Oregon 97401 . 2. Definitions: For purposes of this agreement the following. terms shall have the meaning set forth in this .section, unless the context of the agreement clearly indicates a different meaning;.. , Z.1 S ecial Condition Costs. Those costs for the local improvements planned for Goodpasture Island Road that would have been assessed against the Property based on its total frontage along Goodpasture Island Road but for the resence of the Delta Ponds and P the City's desire to~ preserve this natural feature. T'l~ese costs are $31,456.21 for the. abuttin . g front footage of 511.6 , which do not include the assessment of $4,146.14 attributable to 60 feet of abutting front footage. 2.2 Delta Ponds, Those permanently standing bodies of water which currently occupy a partian of the property which are subject to the regulations of the Oregon Division of State Lands. 2.3 Development. Any use of the property other than as an "AM Radio Station" transmittin site, "AM Radio Station" shall include an Di 'tai Audio Broadc " g y l~ asting.( DAB } stations, or similar new radio broadcastin technolo , that ma hereafter be develo ed and g gy y p authorized by the Federal Communications Commission (FCC} for broadcast in the AM radio frequency range as it now exists or in any expended range hereinafter authorized b Y the FCC. None of the following shall be considered "development:" ~i} The construction of one, but not mare than one additional AM Station Tower, for directional broadcast purposes, not to exceed any applicable height limitations imposed by other regulatory agencies. (There is currently one 4~0 foot tower on the site}. (ii} The replacement of the present tower and~or any second tower, with no hei ht g restrlct~ons except as would otherwise be required by other agencies. (iii) Expansion and addition of facilities not designed for human occupancy associated with the broadcast tower(s), including transmitter building(s), as Special Condition Agreement - 2 . EXHIBIT 2 PAGE2of6 otherwise permitted by applicable law. (iv) The use of the tower or towers by more than one AM Radio Station, including lessee or lessees of the property owner. (v~ The leasing by the property owner of space on the towers} and in the property owner's transmitter buildings} to other "aver the air" transmission users such as, but not limited to, cellular phone service providers and two way radio companies. (vi} The cessation of all AM station broadcasting from the site. 2.4 Loca~,,,,,,im~rovements. The street im rovements sidewalk construction and . .,.~_ ~. P storm sewer improvements made to Goodpasture Island Road as a result of the Local Improvement District formed on or about July 27, 1992. 3. Ci 's Qbii ations..The City agrees that: 3.1 In recognition of the value of the Delta Panels as a community asset, of the effect that the existence these ponds have on development potential of .the Property and the character of the wetlands as a natural resource, the City shall pay Special Condition Costs. 3.2 In the event that one or more of the conditions set forth in section 4.1 occurs, ~so that the Property Owner becomes obligated to make a payment to the Ci , the Ci shall ~ ~ calculate the amount to be paid as either the Special Condition Casts paid by the City or an amount determined using the method far calculating equivalent assessments for street improvements (based, if necessary, on a presum flan that additional sidewalk cuts would P occur, even if not actually made at the time of the development, for the planned development, sidewalk improvements, storm sewer improvements or the equivalent of such improvements then set forth in the Eugene Code. Such amount begin in excess of other fees, charges and assessments attributable to the proposed development. 4. pro a owner's abli ations. In return far the City's assumption of Special Condition Costs that would have otherwise become an obligation of the Property, the Property owner ,agrees to: . 4.1 Pay the City an amount to be determined by the City as provided in paragraph 3.2 representing a recovery of the Special Condition Costs paid by the ~ City upon the occurrence of one or more .of the following conditions. 4.1.1 approval by .the City of any development permit for the Property; 4.1.2 development of the Property; Special Condition Agreement - 3 EX H I B~ T 2 PAGE 3 of 6 4.1.3 Property a~ner's breach of any term of this agreement; or 4.1.4 any action to fill in any portion of the Delta Ponds or otherwise permanently alter the shape or size of the Delta Ponds. The action of natural forces unassisted by deliberate human activity which may alter the present character of the Delta Ponds shall not constitute an action such as would meet the terms of this section. 4.2 Allow the City to discharge drainage into the Delta Ponds in a manner consistent with state and federal law. 5. Payment Due. Payment of sums due pursuant to this agreement shall be made at the time the Property owner is issued any required development permits by the City.. If no permits are required or obtained, payment is due within 34 days of written notice from the City that the City has determined, after notice to the Property Cwner and an opportunity to be heard, that one or mare of the conditions set forth in section 4.1 of this agreement has occurred. The Property owner may meet its obligation for payment by payment in full or by signing a separate agreement for installment payments.. The terms and conditions including the rate of interest of such a separate agreement shall correspond to the payment terms then available for the payment of improvement assessments at the time of execution of the separate agreement. G. Termination. The agreement shall continue in effect until such time as the City provides the Property Cwner with written confirmation that all. payments required or anticipated by this agreement have been made in full. Nv breach of a portion of this agreement, or failure by either party to fully perform the terms and condition . of this agreement shall _ constitute grounds for termination of the agreement. Further, this agreement shall terminate upon transfer of the portion of the property occupied by the Delta Ponds to the City or another public agency designated by the City. 7. Covenant Runnin with the Land. This agreement touches and concerns the land and shall run with the land. The terms and conditions of this agreement shall be binding on all successors and assigns of the Property Qwner, including any person taking title to the Property by reason of law. Property owner shall not transfer or assign any interest in the Property without providing the recipient with notice of this obligation and ensuring that the recipient of such an interest takes the interest subject to the obligations of this agreement, S.. Notices. Any notices permitted or required by this agreement shall be in writing and deemed given when personally delivered ar upon deposit in the United States mail; osta e P g fully prepaid, certified, return receipt requested, addressed to the parties at the address set forth below their signatures, or to their successors as recorded in the property records of Lane County. Either party may change its address by notice given to the other in accordance with this paragraph. Special Condition Agreement - 4 EXHIBIT 2 PRG.E 4 of G 9. Integration. This agreement embodies the entire agreement of the parties. There are no promises, terms, conditions ar obligations other than those contained herein. This agreement shall supersede all prior communications, representations or agreements, either oral or written, between the parties. This agreement shall not be amended except in writing, signed by both parties. 10. Irate retation. This agreement shall be governed by and interpreted in accordance with the laws of the state of Qregon. 11. ~ _ Venue: All actions relat~n to this a reement shall be teed before ur~sdiction. and„_~.__ ~~...._ , g g the courts of the State of Oregon to the exclusion of all courts which might have jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County, Qregon. 1~. Attorney Fees. fn the event of any judicial or administrative action to enforce or . interpret this ,agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees incurred in .the proceeding, as set by the decision malting authority, at hearing, at trial, on appeal, or upon, review. 13. Nonwaiver. Waiver by either ~ party of strict performance of any provision of this '~ agreement shall not be a waiver or prejudice the party's right to require strict performance of the same provision in the future or any other provision. - The City of Eugene ~. r ~• ~ .r''_ By: ~signafure~ C, ~~ ~~ (print o type name) -~ (sigfiature) (print or ype name) Title: ~~5 ~le Address: F'a58 f ~ c.. iii //// Special Condition Agreement - 5 ~. ~`itle: ~~~ ~ ( ~ ~ ~.. - ~~ ~ -~ ~~ _ ~ Address: . ,~2 ~ ~ r~ ~ Jam---- L ~ ~" ~ ~1 f' ~ ~ ~•~ r~ [~ r EXHIBIT 2 PAGE 5 of 5 STATE GF aREGaN, County of Lane, ss: This instrument was acknowled e before me this ~~ da of ~ - -~ ~ .,$~ Y 199 by - --~"~ ~~ ~~ O~flCiAl SEAL KENNETH R. D~lllD ~.~ aor~Rr Luc- oRECON . C4MM~SSION NO. Q7334~ 1997 MY COMMISSION EXPIRES MARCH ~, _~ Notary Public for aregon My commission expires:_ '~ - ~ i -a~ ~. STATE GF aREGaN, County of Lane, ss: This instrument was acknowledge before me this ~ day of . p`~~~-~~~ 199 by ~ . o~~c~~~ s~aL ~ ~ . . KENNETH ~. DUD No~ARY PUBi.iC -OREGON Nata Publi for are COMMiSSfON NO. Q23340 ry c gon MY COMMISSION EXPIRES MARCH 31,1997 My Comm~SSion expires: ~ r ~ 1-- ~~ Special Condition A Bement ~ 6 EXHIBIT 2 PAGE 6 of 6 ExHr~~T "~" A parcel of land in the Northeast one-quarter t~f the t:ortheafit one-quarter of Section ?4, Township ]7 ~oUrh, Range a west of the wi]lamette Meridian, said parcel bei^g more particuJarl descr~hed Y as follows: ;eeginning at a paint on the Northerly ~~inp of. that certain ~arr.~l of 1 and ~ descr i bed i n that cer L a i n deed r ecar.ded on Re b 7 el 1 Instrufient No. 2~1jb, Lane Co~tnt}~ Oregon Deed Reear~s, said Dint bein do f con w P 9 rod hich bears South 43'35'58"~ west 5:91.]1 feet f ron+ a blabs cap marking the Northeast corn~-r o.f said Section ?~ • t e.nce. South 1'3b'15" wean 56U.'~Q ~ftet; then~Ge North' 87'13'35" west ~1 l .1D feet to a point on the Faster ~ ~+a~r~ a n of Good Is Y 9 pasture land Road; thence North ]8'~7' 39" Fast 18.88 feet; thence ~ North ~ ~~ 1' S~" East 281.71 feet to a poi nt~ on f i rat sa f d Nort htr • ly line, thence departing frog said FastPrly Margin aloe said Northe 9 rly line South 87 `13' ~ ~" Fast 55Q .OD feet to the P^ ~ nr of ~P • ~~t • ~}~ l:i~, all in Lane County, t~regon. SPECIAL ASSESSMENT REGISTER nat attached; it is on file and available by written request to the City Recorder's Gff~ce.