HomeMy WebLinkAboutItem 2E - Metro Plan AmendmentEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Initiation of Metro Plan Amendment to Swap Residential Land Inside and Outside the
Urban Growth Boundary and Add 77 Additional Acres to the Urban Growth Boundary
for a Community Park for Santa Clara
Meeting Date: June 14, 2004 Agenda Item Number: 2D
Department: Public Works Staff Contact: Andrea G. Riner
www. cl. eugene, or. us Contact Telephone Number: 682-4909
AGENDA ITEM SUMMARY
This is a joint request from the private property owners, the McDougals, and the City of Eugene Parks
and Open Space Division, to initiate a Metro Plan amendment. The purpose of the Metro Plan
amendment is to remove from the Urban Growth Boundary (UGB) 120 acres of residential land in the
Laurel Hill Valley, and to add to the UGB in the Santa Clara area 120 acres of land for residential and
neighborhood commercial development and an additional 77 acres of land to be donated to the City for
parks and open space.
BACKGROUND
The property owners and Parks and Open Space Division request that the City Council initiate a metro
plan amendment. The metro plan amendment would involve revising the UGB to include 197 acres of
rural land in northwest Santa Clara and to remove 120 acres of forested land in southeast Eugene in the
Laurel Hill Valley. Both of these properties are currently owned by the McDougals or their foundations.
The difference in acreage, 77 acres, would be donated to the City of Eugene for use as a community
park to serve Santa Clara (see Attachment A). In addition, a purchase agreement is in place for the
Parks and Open Space Division to obtain a conservation easement over 130 acres of the Laurel Hill site
(see Attachment B).
The only issue for the council at this time is whether it is willing to initiate the process. If it is, then
additional analysis will be performed, followed by a joint public hearing with the Eugene and Lane
County planning commissions. In addition, it is possible that Springfield will also participate.
Following the joint public hearing, the planning commissions will make recommendations. A joint
public hearing will then occur with the City Council and Board of Commissioners (as well as
Springfield Council if it chooses to participate). Following that public hearing, the City Council will be
asked to make a decision.
Council Action History
This project was presented to the council at its November 24, 2003, work session. The council held an
executive session previously to discuss the acquisition and proposed land swap.
Policy Issues
Should the City initiate a Metro Plan amendment to revise the UGB by swapping 120 acres of
residential land and by adding an additional 77 acres of land for park and open space purposes? The
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only question at this time is whether the council is willing to initiate the Metro Plan amendment. This
action in no way requires the council to approve the amendment when the amendment comes back to the
council after public hearings and planning commission recommendations.
Council Goal Action Priority
This project can be related to a number of council goals, including sustainable community development,
healthy natural and built environment, and providing accessible and thriving cultural and recreational
opportunities.
Financial and/or Resource Considerations
Financial resources for the Santa Clara Community Park and related land use processes are addressed by
the 1998 Parks and Open Space bond measure for park land acquisition and Parks System Development
Charge (SDC) funding for park land development.
Other Background Information
Due to the complex nature of this acquisition proposal, a thorough analysis of the public costs and
benefits of the project was conducted. This work was completed over the summer of 2003, and a
copy of the report (A Community Park for Santa Clara: A Report to the City of Eugene Parks and
Open Space Division from the Santa Clara Community Park Advisory Committee) was provided to
councilors on January 26, 2004. (The report is available online at:
www. ci. eugene, or.us/PARKS/planning/031202_sccpFinalReport.pdf)
Through the community engagement process, the staff and consultant team convened a Santa Clara
Community Park advisory committee. This committee, along with a technical advisory group, was
assigned to help articulate community values and concerns regarding the proposal. The committee met
three times in July and August 2003. Issues raised by the committee and results of a committee
prioritization process were presented to the council at the November 2003 City Council Meeting.
The following four recommendations were promoted by the consultant team following the committee's
discussions:
1. Consider the Land Swap proposal in the context of parallel visioning studies such as Region
2050 and Rivers to Ridges. If, on the fifty-year horizon, it is likely that one or both of these sites
will be added to the UGB, it becomes more apparent that acting now to acquire needed park land
on one or both of these sites is prudent and cost-effective.
2. Consider negotiating agreements for easements or purchase of all or some portion of the Laurel
Hill Valley site for extension of the Ridgeline trail. Several Rivers to Ridges projects taken
together would form a continuous open space network along the ridgeline to the east and south of
Eugene and the Laurel Hill site is an important potential link in that network.
3. Consider the new community park as an integral, convenient, accessible element of community
development. Parks that return the most benefit and value to their communities tend to be those
situated close at hand and organized for safe, convenient access by the people who might use
them the most. In order to achieve that, parks ought to be centrally located, integrated with
adjacent compatible land uses and well connected to nearby areas through local street, bicycle
and pedestrian networks.
4. Bring the public into a process that develops the land use and park plan for the Santa Clara site
and a future for the Laurel Hill Valley site. The three conceptual land use plans developed for
the SCCP Advisory Committee can be used to initiate discussion of the possible development
patterns to meet City goals.
The City's Parks and Open Space Division has negotiated two agreements with the property owners
related to this proposal, copies of which are included as attachments A and B. The first agreement
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concerns the 197 acres in the Santa Clara area. The agreement includes a requirement that the property
owners deed to the City 77 acres before the UGB amendment can become effective. In addition, the
agreement requires that the development of the 120 acres must be undertaken consistent with a set of
Smart Growth principles, a copy of which is attached to that agreement. The second agreement grants
the City the right to purchase approximately 100 acres of land in the Laurel Hill Valley area at a cost of
$950,000. The McDougals will donate a conservation easement over an additional 30 acres of the
Laurel Hill property to provide Ridgeline Trail connections to the south.
Timing
The property owners, staff and private consultants are prepared to begin immediately to develop
necessary findings and conduct public involvement efforts related to the Metro Plan Amendment and
land acquisition process. The first effort will be to have the necessary materials to present to a joint
meeting of the Lane County Planning Commission and the City of Eugene Planning Commission later
this year.
OPTIONS
The council has the following options:
1. Approve the request and initiate a metro plan amendment;
2. Reject the request; or
3. Request additional information.
STAFF RECOMMENDATION
Staff recommends approval of the request and initiation of a Metro Plan Amendment.
S[IGGESTED MOTION
Move to initiate a Metro Plan Amendment to revise the UGB by (1) adding 197 acres in the Santa Clara
area, 77 of which will be donated to the City as parkland and 120 of which will be used for residential
and neighborhood commercial, and (2) removing 120 acres of residential designated land in the Laurel
Hill Valley.
ATTACHMENTS
A. Santa Clara site purchase agreement
B. Laurel Hill Valley purchase agreement
C. Letter from McDougals
FOR MORE INFORMATION
Staff Contact: Andrea G. Riner
Telephone: 682-4909
Staff E-Mail: andrea.g.riner~ci.eugene.or.us
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ATTACHMENT A
Execution Draft
URBAN LANDS AND PARKS
PRE-PLANNING DEVELOPMENT AGREEMENT
AMONG:
LeeLynn, Inc., an Oregon corporation ("Lynn")
Wiley Mt., Inc., an Oregon corporation ("Wiley")
(Collectively, "OWNERS")
AND: McDougal Bros. Investment, a general partnership
between Norman N. McDougal and Melvin L. McDougal ("MCDOUGAL")
AND: The City of Eugene, Oregon ("City"), a municipal corporation,
acting by and through its Parks & Open Space Division ("PARKS")
CONTRACT NO. 2004-05344
RECITALS
A. Lynn and Wiley own a tract of land of approximately 197 acres of real property in the
north Santa Clara area as tenants in common (the "SC Tract"), more particularly
described in Exhibit A. The property is entirely outside of, but adjacent to, the current
Urban Growth Boundary ("UGB").
B. PARKS desires approximately 40 to 100 acres of property in the Santa Clara area for use
as a community park, including at least 40 acres that can be developed for active
recreation facilities, such as ballfields, children's play areas, restrooms, picnic facilities,
basketball and tennis courts, and a future community center. This community park is
identified as a need in the Eugene Park and Recreation Plan, adopted by the Eugene City
Council in 1989, and was included in the 1998 Parks & Open Space bond measure.
C. PARKS has reviewed available land in the Santa Clara area. No undeveloped or
underdeveloped property of adequate size for a community park exists within the existing
UGB.
D. In order to provide a community park at current City standards to residents of Santa
Clara, PARKS desires to annex property into the UGB. The extension of urban services
such as water, sanitary service, stormwater service and streets will be required for
adequate development of a full service community park.
E. OWNERS have proposed to pursue a Metro Plan Amendment to include the 197-acre SC
Tract in the UGB and to make a gift transfer of 77 acres of the 197-acre tract to the City
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for use as public open space. A portion of this public open space would be available for
future development as a community park. The remaining 120 acres would be developed
by OWNERS following the annexation of the tract to the City.
F. Simultaneously with the execution of this Agreement, the City is entering into a purchase
and sale agreement with The McDougal Foundation, Inc., pursuant to which the
foundation and City have agreed that 100 acres of land owned by the foundation (the
"Foundation Tract") shall be removed from the UGB and sold to the City to expand the
City's urban parks and trails system.
G MCDOUGAL is an affiliate of OWNERS. MCDOUGAL owns approximately 140 acres
of land, adjacent to the Foundation Tract, that includes 20 acres of land that is within the
UGB (the "MCDOUGAL UGB Land") and 30-acres of land outside of the UGB that is
burdened with a utility easement (the "Easement Tract").
H. The Easement Tract is the only land separating the Foundation Tract from Bloomberg
Park, and could be used to establish a continuous trailway between the City's urban parks
and trails system and Bloomberg Park.
I MCDOUGAL has proposed to donate an easement to the City for use of the Easement
Tract and to request that the Metro Plan and the UGB Boundary be amended to remove
the MCDOUGAL UGB land from the UGB.
J. If all of the transactions described in the foregoing recitals are completed, the net addition
of lands within the City's urban growth boundary will be equal to the 77 acres of land
donated to the City for use as parklands for the Santa Clara community; and the City will
add 130 acres of land (100 in fee and 30 by easement) to its urban trails system.
NOW THEREFORE, the parties agree as follows:
EXHIBITS: This Agreement includes and incorporates the following exhibits:
Exhibit A: Legal Description of SC Tract
Exhibit B: Smart Growth Principles
Exhibit C: Description of Easement Tract
1. Application for Metro Plan Amendment; Consultant. OWNERS and MCDOUGAL
agree to apply for and pursue a Metro Plan Amendment to include the entire 197-acre SC Tract
within the UGB. The parties agree that OWNERS shall retain a consultant acceptable to City to
prepare the application for the Metro Plan and UGB amendment.
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2. SC Tract Development Plan. OWNERS and PARKS shall begin to collaborate on a plan
for the development of the SC Tract ("SC Plan"). The SC Plan shall describe the respective
rights and responsibilities of PARKS and OWNERS for development of the SC Tract (including
those rights and responsibilities agreed to herein) and shall, ultimately include all information
needed for urban development plan review.
2.1 SC Plan Principles. The parties agree that the SC Plan shall include all of the
agreements of the parties hereunder concerning their mutual obligations and responsibilities
for development of the SC tract and shall be based on the "Smart Growth Principles" set forth
in Exhibit C. Where possible, the layout of park lands and private lands shall be designed to
provide for effective natural storm water management utilizing open areas, green spaces and
Parklands.
2.2 Consultants. The parties agree that OWNERS or PARKS may retain one or more
consultants under this subsection 2.2, to conduct geographical and environmental surveys,
make recommendations and prepare reports. All consultants shall be qualified by training
and experience and be acceptable to OWNERS and PARKS. The use of a consultant under
this subsection 2.2 shall require the joint approval of OWNERS and PARKS.
Notwithstanding the foregoing, any party may retain a consultant aside from the restrictions
in this subsection, at its own expense.
2.3 Wetlands Mitigation. To the extent that Parklands (defined in Subsection 2.4.1) not
needed for development of recreational facilities are available and suitable therefor, such land
will be available to owners for wetland mitigation sites. OWNERS shall be solely
responsible for all costs and expenses of wetland mitigation required for any development of
the SC Tract other than development of Parklands. Wetland mitigation work to be completed
on the Parklands will be subject to review and approval by Parks prior to commencement.
2.4 Preliminary Plan. Elements of the SC Plan (the "Preliminary Plan") that must be
agreed to by OWNERS and PARKS prior to the effective date of a Metro Plan amendment
for admission of the SC Tract into the UGB include the following:
2.4.1 Park. A surveyed legal description of the 77 acres to be conveyed to PARKS for
public space purposes (the "Parklands"). The location and shape of the Parklands shall
be configured to enhance the following objectives:
A. Accessibility to Parklands from the SC Tract as well as urban communities
adjacent to the SC Tract, and visual enhancement of the SC Tract and the urban
communities adjacent to the SC Tract;
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B. Design and construction of streets, utilities, pedestrian and bicycle access,
stormwater facilities and wetland mitigation areas in a manner that will maximize
both the development potential of OWNERS' portion of the SC Tract and the
development of the Parklands for their intended purposes;
C. Development of recreational facilities to serve the Santa Clara community; and
D. The Parklands will include a corridor of land (referred to herein as the "Water
Course") to protect and preserve an existing east-west drainage swale that transects
the SC Tract approximately 2,000 feet north of its southern boundary. The Water
Course will be approximately 80 feet wide to provide a buffer zone of approximately
30 feet on each side of the swale. The Water Course will form a fundamental
component of the storm water management system for the SC Tract.
2.4.2 Location of Major Streets. Designation of all arterial streets and all lesser
streets that will abut or provide vehicular passage through the Parklands.
2.4.3 Location of Major Utilities. The location of all utilities that will deliver service
to the Parklands or that will pass through the Parklands to serve other areas, and the location
of any utility substations that will be placed in or adjacent to any part of the Parklands.
2.4.4 Metro Plan Requirements. All determinations must be provided for the Metro
Plan, including, without limitation, all maps, surveys and depictions of proposed
commercial and residential areas.
2.4.5 Other Items. Additional items or alternatives to the items in subsections 2.3.2,
2.3.3 and 2.3.4 that both parties agree should be determined prior to the UGB/Metro Plan
amendment.
2.4.6 Binding Commitment. Prior to the effective date of the UGB amendment,
OWNERS and PARKS shall execute one or more written contracts or instruments to
establish the Preliminary Plan. The Preliminary Plan shall incorporate this Agreement
and may be amended as required to reflect additional agreements between the parties and
to comply with applicable federal, state or local laws.
3. Cost Sharing.
3.1 Consultants. PARKS and OWNERS shall each be responsible for one-half of the
fees and expenses of the consultant hired to prepare the Metro Plan amendment application
and one-half of the fees and expenses of any other consultant retained under subsection 2.2.
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3.2 Local Improvements.
3.2.1 "Local Improvement." The term "local improvement" means any project or
service which, if undertaken by the City, could be paid for, in whole or in part, by local
assessments against abutting parcels of real property, including, without limitation,
streets, sidewalks, underground utilities, and sewerage facilities.
3.2.2 "Costs" of Improvements. For purposes of this section 3.2, the "costs" of an
improvement include all costs required to design, locate, construct, install and test a local
improvement in compliance with the City's mandatory specifications for the
improvement, but do not include the costs of other optional enhancements unless
mutually agreed by the parties.
3.2.3 Improvements Within Boundaries. Each party shall be solely responsible for
the costs of any segment of a local improvement located wholly within the lands of that
party, without regard to the benefits provided by the improvement.
3.2.4 Improvements Between Boundaries. OWNERS and PARKS shall each be
responsible for one-half of the costs of any segment of a local improvement constructed
along, under or upon a street or boundary between OWNERS' lands and Parklands, with
the exception of the following:
A. Sidewalks shall be constructed at the sole expense of the owner of the adjacent
land upon which the sidewalk is located; and
B. The cost of any local improvement dedicated to the exclusive service of the lands
of either party shall be paid solely by the benefited party.
C. Street trees shall be at the sole expense of the adjacent landowner.
3.3 SDC Credits. Each party shall be entitled to receive any SDC credits arising from an
improvement (or portion of improvement) for which the party is solely responsible. Each
party will be entitled to one-half of the SDC credit for any capital or qualifying improvement
constructed within a segment of a local improvement for which the parties are jointly
responsible. OWNERS will receive no Park SDC Credits for the value of the parkland being
conveyed.
3.4 Other Costs. Except as otherwise mutually agreed, each party will be responsible for
all other costs associated with the development of its respective properties.
3.5 Limitation on City's Expenditures; Collaboration on Timing of Expenditures.
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The parties agree to collaborate on a schedule for the development of the SC Tract that will
allow PARKS to pay its share of expenses when incurred, and PARKS agrees to seek
sufficient budget appropriations to pay for its share of development costs; but the parties
acknowledge that OWNERS may not be willing to delay development activities until such time as
PARKS has received sufficient appropriations to pay for its cost share. In addition,
OWNERS and MCDOUGAL acknowledge that PARKS cannot make unbudgeted
expenditures. Therefore, prior to initiating any project for which PARKS or City would
otherwise have financial responsibility, OWNERS shall consult with PARKS to determine
whether PARKS has sufficient funds legally available to pay for its share of the project, and,
if such funds are not available, OWNERS may either: (1) delay the project until such time as
PARKS has the financial capacity to undertake the same, or (2) bear the full cost of the
project until such time as PARKS is legally able to reimburse OWNERS for its share of the
project costs, or (3) require PARK to negotiate a redesign of the project that will reduce
OWNERS' dependency on PARKS' financial contribution. No project expenditure made
without PARKS' prior consent shall be a debt of PARKS or City; nor shall PARKS or City
be obligated to pay any interest or other penalty with respect to such expenditure.
4. Metro Plan Amendment Approval.
4.1 Limitation on PARKS Action. PARKS cannot promise or guarantee that the
UGB and Metro Plan Amendment sought by OWNERS will be granted, but PARKS will
support the amendment for the reasons set forth in this Agreement to the extent legally
possible§.
4.2 Agreement of OWNERS to Delay Approval. OWNERS agree, without
reservation or condition, that the City of Eugene may delay approval of any modification
of the UGB or any other Metro Plan Amendment requested by OWNERS in conjunction
with the proposal described in this Agreement until all of the following have occurred:
4.2.1 Execution of Preliminary Plan. PARKS and OWNER shall have
executed all contracts and instruments necessary to evidence compliance with the
provisions of Subsection 2.3 of this Agreement.
4.2.2 Conveyance of Parklands. OWNERS shall have conveyed to the City of
Eugene, by general warranty deed, all of the Parklands other than the Water
Course, as described in the Preliminary Plan, as a separate legal parcel and free of
all encumbrances, including property taxes, except for those encumbrances of
record approved by and acceptable to the City. OWNERS shall be solely liable
for payment of all property taxes affecting or imposed upon any part of the
Parklands through the property tax year in which the conveyance is made,
including, without limitation, the repayment of tax deferrals due as a result of any
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change in zoning or other legal status of the SC Tract or Parklands. OWNERS
shall pay for one or more policies of title insurance insuring City's title to the
Parklands.
4.2.3 Water Course. OWNERS shall have granted to the City of Eugene an
exclusive easement for all uses of the lands comprising the Water Course and
shall have executed a binding and enforceable agreement to convey fee ownership
of the Water Course to the City upon approval of the subdivision of the lands that
include the Water Course.
4.2.4 Foundation Tract. City shall have received title to the Foundation Tract
in accordance with the terms of its purchase agreement with the foundation.
4.2.5 Easement Tract. MCDOUGAL shall have executed a recordable
instrument granting to the City of Eugene an exclusive and perpetual easement to
use the Easement Tract to expand its urban parks and trails system, to connect the
Foundation Tract with other public lands, and to make all other uses of the
Easement Tract which do not interfere with the rights of the existing easement
holder, or unreasonably interfere with the owner's use of the remaining part of the
legal parcel that that contains the Easement Tract.. The City agrees that the
westerly 100 feet of the Easement Tract may be burdened with a secondary fire
break, to meet minimum Lane County secondary fire break standards, to be
maintained by MCDOUGAL. The parties understand that the term "secondary
fuel break" does not require the removal of herbaceous plants or vegetation lower
than two feet in height and further than any fuel break activities shall be
conducted to minimize interference with parklands while protecting adjacent
timber and will be subject to the City's prior review and approval. The easement
document shall also provide that if and when City decides to prohibit grazing on
the Easement Tract, City will install fencing as needed to enable McDougal to
continue grazing on adjacent lands, and that MCDOUGAL and CITY shall each
pay for one-half of the cost of the fencing..
OWNERS further acknowledge and agree that, in addition to any other basis authorized
by law, the City of Eugene may refuse to amend the UGB boundaries or the Metro Plan
unless negotiations between OWNERS and PARKS result in mutually and satisfactory
agreements as to all the terms and conditions of the development, transfers, conveyances
and agreements contemplated herein.
5. Limitation on OWNERS' Encumbrance of SC Tract. Until the earlier to occur off (1)
the date of termination of this Agreement, or (2) the effective date of the UGB amendment,
OWNERS shall not permit any lien or encumbrance to be asserted against or become attached to
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the SC Tract or any part thereof except for routine encumbrances for taxes and assessments not
yet due and payable, and encumbrances approved in advance, in writing, by the City.
6. Term of Agreement. This Agreement shall continue in full force and effect until the SC
Plan is completed and the City accepts a general warranty deed vesting title of the Water Course
in the City, provided that either OWNERS or PARKS may terminate this Agreement with thirty
(30) days' written notice to the other if the UGB amendment is not approved by the City council
by July 1, 2005.
7. Memorandum. At City's request, each of OWNERS will sign a memorandum of this
Agreement for recording in the official Lane County Land Records.
8. Relationship of Parties. The parties do not intend, by this Agreement or any agreement
contemplated herein, to create a parmership, joint venture or any relationship of employment or
agency, and no party shall be authorized to undertake any action hereunder as the act of any other
party. Each party to this Agreement is, and shall at all times remain, an independent entity
cooperating with the other parties solely for the purpose of furthering its own interests.
9. No Third-Party Beneficiaries; Assignment. The parties do not intend this Agreement
to be made for the benefit of, or to be enforceable by, any third party, nor will this Agreement be
assignable by any party without the prior written consent of all other parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
below.
I~LEyMM~D°ug/~resident Date:
BY)//~:/~Z' c'm /'//~/fft-~ (/'7 Date:
× Norman N. McDougal, ~resident
[Remainder of Page Intentionally Blank[
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MCDOUGAL BROS. INVESTMENTS.
/' N~o~r~an N. McDoug~l, Partner ~
By~~ Date:
//~ M elvit1~. ~cDoug~artner
EUGENE -~7~
'x~-nnis M. T'ayl;r, Cit~, M~ager
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Exhibit A
Description of Santa Clara Tract
Beginning at a point on the South line of the Donation Land Claim of Marion Scott, Notification No. 2079, in
Township 16 and 17 South, Range 4 West of the Willamette Meridian, Lane County, Oregon, which point is 31.58-
1/3 chains West of the Southeast comer of said Donation Land Claim, and running thence North parallel to the East
line of said Claim 43.31 chains; thence East parallel with the South line of said Claim 31.58-1/3 chains to the East
line thereof; thence North to the Northeast comer of said Claim; thence West to the Northwest comer thereof; thence
South to the Southwest comer thereof; thence East along the South line thereof to the place of beginning, in Lane
County, Oregon.
ALSO: Lots 2, 3, 4 and 5 of Section 3, Township 17 South, Range 4 West of the Willamette Meridian, in Lane
County, Oregon.
EXCEPTING THEREFROM:
Beginning at a point on the West line of the T. S. Poindexter Donation Land Claim No. 55, Township 17 South,
Range 4 West of the Willamette Meridian, 1693.08 feet North 00004'40" East from the Southwest comer thereof;
thence continuing North 00004'40" East, 269.80 feet; thence North 89055'20" West 530.68 feet to the East line of an
easement to the Junction City Water Control District; thence South 00010'58" West 162.74 feet along the East line of
said easement; thence continuing Southeasterly along said East line along the arc of a 76.40-foot radius curve to the
left, the long chord of which bears South 27°15'45" East, 70.45 feet, a distance of 73.22 feet; thence continuing along
said East line South 54043'02" East 1.13 feet; thence continuing Southerly along said East line along the arc of a
73.30-foot radius curve to the right, the long chord of which bears South 34002'37" East, 51.76 feet, a distance of
52.90 feet; thence continuing along said East line South 13022'02" East 1.62 feet; thence South 89°59'4Y' East
468.29 feet to the point of beginning, in Lane County, Oregon.
Page 10 of 10
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Exhibit B
Smart Growth Principles
(Attached)
Page 11 of 11
EXHIBIT B
Smart Development Principles
'Smart Development" is an approach to design and building that adheres to five broad principles:
· Effident use of land resources
· Full Utilization of Urban Services
· Mixed Use
· Transportation Options
· Detailed, Human Scaled Design
In the context of a residential / commercial development, these broad principles can be expanded to
include the following:
El Mixed Use Neighborhoods smart El Streets As an Edge zn general, streets should
development promotes the mixing of many activities in the be laid out to provide an edge to important public open
same area, reversing the pattern of single-purpose spaces that provide community-wide ~nefiL Where streets
neighborhoods with segregated land uses, A mixture of are provided as an edge, buildings are more likely to front
retail, service, education, office, and residential uses can on the street and on the open space, rather than turning
intermingle and support one another. By bringing different their backs on the street and open space.
services closer to housing, mixed-use neighborhoods offer
the choice of walking, biking, or taking transit to school,
work, or shopping, thereby reducing the amount of Ume
peopl~ spend dflving and the distances they need to ddve. intercc~nnected street system Is an important component of
livable and walkable neighborhoods. Connected streets
provide a network of routes that provide altemaUve paths
[] Residentia ! M ix A mix of housing densities, through the neighborhood and to major des~ihaUons such as
ownership patterns, prices, and building types is desirabie, commerdal areas, parks, schools, and b;'anSit ~;tops. Street
Smart developmeot encou~:ages a variety of housing types connectivity helps to distribute local traffiC, over many routes,
including attached and detached single family homes, thereby reducing the negative effects of high b'affic volumes
rowhouses, duplexes, tri-plexes, to~vnhouses, apartments, on any one street. The Interconnected sb'e~t network would
and accessory units. Variety in housing promotes habitation .be designed to discourage cut-through traffic seeking an
by a broad spectrum of people with different economic, alternative to travel on arterial streets, which are designed
sodal, family, age, and lifestyle drcumstances. Allowances ~or through-ti3ffic movements,
for housing variety also promotes flexibility in meeting
goals to increase residential densities within the UGB.
coordinated system of striped bicycle lanes, on-sb-eet No/de
[] Residential Densities Residential development routes, arid off-street bicycle paths should be developed In
should achieve higher densities to encourage a mix of the area. Bikeways should provide direct access from
housing types and to be~ter support a viable retail center residential areas to nearby commercial areas; parks and
and transit system. An overall average density of :Z2 schools. Bikeways should also be designed to provide a
dwelling units per net acre is desirable., direct link to the existing bicycle system In adjacent areas
, and to other important destinations within the region..
I~1 Local Street Design Local streets should be
designed with.narrow vehicle lane widths to reduce the [~l Transit Service Smart developments should be
speed of vehldes, reduce costs, and meet' stormwater provided with convenient and ~ccessible bus service.
m~Jnagement goals. These streets should aiso be designed Bus stops, should be located along the transit route at
to accommodate Iow volumes of traffic and to encourage no more than :tO00 foot intervals. All bus stops
' pedestrian travel. Local streets should be provided with
sidewalks, with on-street parking on one or both sides of the should be provided with comfortable walUng 'areas
street, and with street tress that form a canopy over the and should be located near pedestrian crosswalks t~at
street to enhance neighborhood Ilvabillb/. facilitate frequent pedestrian crossings.
Exhibit B - Page 1 Page 11 of 12
[SI Parks Parks and plazas of various sizes a~d types [] Commercial Area Configuration Smart
are essential features of higher-density residential developments should be provided with a centrally
areas. These uses provide a focal point for each located commercial center containing a mix of retailt
neighborhood and should 'be located next to public office and other commercial services. The mix of uses
streets, residential areas, and retail centers. Parks within the commercial center should serve residents
and plazas should reinforce and enhance residential and employees who live and work in the area.
and retail areas by creating public places suitable for Generally, these centers should be no more than $ - 7
informal gatherings and public events. They should acres in size.
also be located and designed to serve as
neighborhood meetSing places, areas for active and
passive recreational activities, and childcare facilities [] Commercial Building Design and
Siting The commercial center should be designed
[] Zntegrated Open Space Smart at a human scale in an attempt to enhance the
developments should integrate significant and pedestrian experience. Commercial buildings should
be situated to define the street right-of-way, including
extensive open spaces areas into the overall design the pedestrian space, on-street parking lanes, and
concept for the development. The transition between
travel lanes; and should be brought up to the
built space and open space is important and should be
sidewalks edge to give merchants maximum visibility
addressed in the site plan as well as the design to pede'strians. Generally, building entrances should
details. Linkages from developed areas to the open front on the street. Larger retail stores may orient to
space system should be identified.
a major street, but must have. well-defined,
pedestrian-scale entryways and other features that
CI Open Drainage System Existing stimulate pedestrian activity. Build ng .facades on the
drainageways should be maintained or enhanced to street should contain windows, expansive blank walls
reduce the costs and water quality impacts of on the street should not be allowed.
subsurface drainage systems.. Drainage channels
should be improved as development amenities that [] Commercial Parking Lots Parking lots for
contribute to the visual character of the commerdal uses should be located at; the sides or
neighborhood, pro~ide a linear open space feature, behind commercial buildings allowing the buildings,
provid~ areas fol~:stormwater quality enhancement rather than the p~rking Ibts, to doral.natO the s~Teet
and wetland miti'g~tion or protection, and provide
areas for plaht 'a'~J a'nimal habitat, edge. Vehicular curb cuts should be ~ini.mi~l Jn the
: .. commercial area to promote a safe pedestrian.
·, ': "' environment.
[] Homes Fronting on the Street Streets
and alleys witi'ii~/r'e~!~ehtia!' areas should be laid out ~1 Commercial Street Design Street design
to promote placement of homes along street such should reflect the intent to design for th~ pedestrian.
that those homes front on ~he street. Street and The corners of intersections should be designed with
subdMsion plats that result in the placement of rear curb extensions to reduce crossing distances. An
yards and tall fences along major streets should be interconnected sidewalk system should provide direct:
avoided.
· ; and safe rotates to the commercial core from adjace.nt
residential and mixed use areas. Wide sidewalks
[] Homes Fronting on Parks Streets that should allow room for window shopping, for outdoor
front on parks should be lined with homes that face eating, and for social interaction. On-street parking
the park, allowing constant' surveillance of park users should be provided throughout the node to separate
and activities, pedestrians from moving traffic, to reduce traffic
speeds~ and to allow for the quick-turnover parking
, that is essential to storefront commercial businesses.
Canopy trees should be planted along streets
throughout the commerdal core.
Exhibit B - Page 2 Pag lla of 12
Execution Draft
Exhibit C
Description of Easement Tract
That tract of land within Section 9, Township 18 South, Range 3 West of the Willamette Meridian, Lane County
Oregon presently owned by McDougal Bros Investments and burdened by an easement in favor o£Bonneville Power
Administration ("BPA"). This tract of land includes all lands within the boundaries of the BPA easement from the
western boundary of the BPA easement to the eastern boundary of that tract of land owned by McDougal Bros
Investments.
Page 12 of 12
ATTACHMENT B
Execution Draft
PURCHASE AND SALE AGREEMENT
CONTRACT NO: 2004-05345
PROPERTY: Vacant land shown as Map 18-03-10701 in Lane County Land Records
PARTIES: CITY OF EUGENE, an Oregon municipal corporation ("City")
AND: THE McDOUGAL FOUNDATION, INC., an Oregon nonprofit corporation("Foundation')
RECITALS
A. Foundation owns a discrete legal parcel of land of approximately 100 acres that lies southeast
of the City, which is within the City's urban growth boundary. This 100 acre parcel is
referred to herein as the "Property."
B. City wishes to remove the Property from its urban growth boundary to offset the inclusion of
other lands into the urban growth boundary pursuant to a Metropolitan Plan amendment.
C. City wishes to purchase the Property for use as an addition to the City's parks and urban
trails system and to preserve the Property from timber cutting.
D. Foundation is willing to have the Property removed from City's urban growth boundary if
City purchases the Property from Foundation under the terms and conditions set forth herein.
AGREEMENT
1. AGREEMENT TO PURCHASE AND SELL THE PROPERTY.
On and subject to each of the terms, covenants, conditions and other provisions set forth in
this Agreement, City agrees to purchase and Foundation agrees to sell the Property, which is more
particularly described on Exhibit A hereto.
2. PURCHASE PRICE.
The purchase price for the Property is NINE HUNDRED FIFTY THOUSAND DOLLARS
($950,000.00) ("Purchase Price"). The Purchase Price shall be paid in cash at closing.
3. DEED.
3.1 FORM OF DEED. The deed conveying the property shall be a General Warranty Deed,
free of all encumbrances of record except for the "Permitted Encumbrances" described
below.
PAGE 1 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
3.2 USE RESTRICTION AND CONTINGENT REVERSION. The deed shall also provide that
City's use of the Property for a period of 36 months from the date of the conveyance will be
restricted to uses for purposes of environmental conservation and for development and use
for public parks and trails. The deed may also provide that title will revert to Grantor if City
makes any use of the Property that violates the use restriction, provided that the violation
continues for more than thirty (30) days after the date that City receives a written notice from
Grantor which specifies the manner in which the Property is being misused as provided in the
deed and the manner in which the misuse can be corrected.
3.3 FIRE BREAK. The Property may be encumbered by the imposition of a 100-foot-wide
secondary fire break easement, to meet minimum Lane County secondary fire break
standards, adjacent to the southem boundary of the Property to be maintained by McDougal
Bros Investments, a general partnership. The parties understand that the term "secondary
fuel break" does not require the removal of herbaceous plants or vegetation lower than two
feet in height and further than any fuel break activities shall be conducted to minimize
interference with parklands while protecting adjacent timber and will be subject to the City's
prior review and approval.
3.4 FENCE AGREEMENT. McDougal presently grazes cattle on the Property and adjacent
McDougal-owned lands. If City decides to prohibit grazing on the Property, City will install
fencing as needed to enable McDougal to continue its grazing operations on McDougal land
but McDougal and City shall each pay for one-half of the cost of the fencing.
4. CLOSING.
4.1 CLOSING DATE. The completion of the transaction contemplated by this Agreement
(the "Closing") shall take place at the offices of the Escrow Agent on a date mutually
agreeable to the parties but not more than thirty (30) days after the satisfaction of all
conditions to closing set forth in Section 6 of this Agreement.
4.2 ESCROW AGENT. The "Escrow Agent" shall be Fidelity National Title of Oregon,
located at 4710 Village Plaza Loop, Eugene, Oregon 97401.
4.3 CLOSING MECHANICS. At the Closing: (1) City shall pay the Purchase Price and all
Closing Costs to be paid by City; (2) Foundation shall deliver the deed described in
subsection 3; and (3) Foundation shall pay its share of the Closing Costs, all taxes, and the
premium for title insurance to be furnished to City.
4.4 CLOSING COSTS; TITLE INSURANCE; TAXES. Foundation and City shall each pay
one-half (1/2) of the Escrow Agent's fees and costs of conducting the Closing, and Foundation
shall pay the premium for the title policy to be issued to City pursuant to subsection 4.5,
below. Because City is exempt from real property taxes and assessments, there shall be no
pro-ration of real property taxes and assessments upon Closing; and Foundation shall be
PAGE 2 - PURCHASE AND SALE AGREEMENT- 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
responsible for any real property taxes and assessments against the Property for the tax year
in which the Closing occurs and all prior tax years.
4.5 TITLE INSURANCE. At the Closing, Foundation shall pay the premium for a standard
form ALTA owner's policy of title insurance in the mount of the Purchase Price, insuring
City as the owner of the Property, subject only to the usual printed exceptions and the
Permitted Exceptions.
5. PRELIMINARY TITLE REPORT AND PERMITTED ENCUMBRANCES; ***ENVIRONMENTAL
INSPECTION.
5.1 PRELIMINARY TITLE REPORT. Within thirty (30) days of the execution of this
Agreement, Foundation will provide City with a preliminary title report issued by Fidelity National
Title of Oregon for the Property, showing the condition of title to the Property, including all
exceptions and encumbrances to and upon the title (the "Title Report"). City will have thirty (30)
days to examine the Title Report and to designate the exceptions and encumbrances that must be
removed fi.om the Property (the "Items to Be Cleared") before or at the time of Closing. Any
exceptions that City does not designate as Items to be cleared will be encumbrances permitted to
remain upon the Property's title at closing ("Permitted Encumbrances").
5.2 ENVIRONMENTAL INSPECTION. City shall have thirty (30) days from the date of
execution of this Agreement to conduct a level-one environmental study of the Property. If the study
reveals the presence of, or a history of significant use of, any substance, in or adjacent to the
Property, which would be described as a hazardous environmental substance under any state or
federal environmental law or regulation, City shall have an additional sixty (60) days to conduct
further investigation of the Property and, for such purpose, shall have the right to reasonable access
to the Property and the right to take such samples of soils, vegetation and other aspects of the
Property as are recommended by a qualified environmental analyst. If City discovers any hazardous
substance on or affecting the Property City shall immediately notify Foundation and Foundation shall
have thirty (30) days to decide whether it wishes to remediate the condition at its own expense, and
to propose a schedule for remediation. City shall not be required to complete the purchase
transaction contemplated by this Agreement if City and Foundation cannot agree to the terms of
remediation or if Foundation is not willing to remediate the hazardous substance condition to City's
satisfaction. Notwithstanding the foregoing, City's acceptance of title to the Property shall not be
deemed to be a waiver of any right City may have under any law, or in equity, to seek damages,
indemnity or other protection from or against any hazardous substance affecting the Property at any
future date.
6. CITY'S CONDITIONS TO CLOSING.
City shall not be obligated to pay for the Property until all of the following are completed:
6.1. URBAN GROWTH BOUNDARY. An amendment to the Metro Plan and UGB,
excluding the Property from the urban growth boundary, shall have been approved by the
PAGE 3 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
Eugene City Council and conveyance of title to the Property shall be the only item to be
completed to make the amendments effective; and
6.2. CLEAR TITLE. All Items to be Cleared from the Property's title shall have been
removed, as described in Section 5.
6.3 ENVIRONMENTAL CONDITIONS. Any Adverse Environmental Conditions in or
affecting the Property shall have been satisfied as provided in Subsection 5.2.
7. SPECIAL COVENANTS AND AGREEMENTS OF FOUNDATION CONCERNING DEVELOPMENT OF
PROPERTY.
Foundation covenants that it will do all of the following. Foundation's covenants under this
section shall run with the land and shall be binding on any purchaser, assignee, heir or successor in
interest or title to the Property.
7.1. Immediately upon execution of this Agreement, Foundation shall apply for and
pursue a Metro Plan Amendment to remove the entire 100-acre Property from the City's
urban growth boundary.
7.2. Immediately upon execution of this Agreement, Foundation shall cause a legal survey
of the Property to be completed and City shall pay one-half of the cost of the survey.
7.3. Pending closing of the Property sale, Foundation will not permit the cutting or
removal of timber, or any earth moving, excavation or other disturbance of the present
natural condition of the Property, except with prior consent of the City, which consent may
be withheld within City's sole discretion.
8. POSSESSION.
City shall be entitled to possession at the completion of all activities in the Closing.
9. CONDITION OF PROPERTY AT CLOSING.
9.1 OIL TANKS. Foundation's statement conceming the status of underground heating oil
tanks on the Property is contained in Exhibit B attached to this Agreement. With the
exception of the information set forth in Exhibit B, Foundation shall not be deemed to make
any warranty or representation to City concerning the presence or absence of underground
tanks, asbestos, or any other environmental condition on, under, adjacent to or otherwise
affecting the Property.
9.2 PERSONAL PROPERTY. The Property shall be vacant land with no structures or
personal property located on it.
PAGE 4 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
10. CITY'S REPRESENTATIONS; PAYMENT OF TAXES FOR CHANGE OF USE.
City represents that it has accepted and executed this Agreement on the basis of its own
examination and personal knowledge of the Property; that Foundation and Foundation's agents have
made no representations, warranties, covenants or other agreements conceming matters relating to
the Property, except as expressly set forth in this Agreement; that Foundation and Foundation's
agents have made no agreement or promise to alter, repair or improve the Property, except as
expressly set forth in this Agreement. City agrees that it will be solely responsible for the repayment
of any taxes previously deferred under a special exemption for the Property resulting from City's
change of use of the property other than for public recreational, conservation, or park purposes.
11. BINDING EFFECT/ASSIGNMENT RESTRICTED.
This Agreement is binding on and will inure to the benefit of Foundation, City and their
respective heirs, legal representatives, successors and assigns. Nevertheless, City may not assign its
rights under this Agreement without Foundation's prior written consent.
12. CONDEMNATION.
Prior to the Closing, if all or a material portion of the Property is taken by eminent domain,
condemnation or similar government power (a "Taking"), then either party may terminate this
Agreement. Termination by a party pursuant to this Section 12 shall be by written notice to the other
party within fifteen (15) days of the effective date of the Taking. Upon termination of this
Agreement pursuant to this Section 12, this Agreement shall be of no further force or effect; City
shall have no further right, title or interest in or to the Property; and neither party shall have any
rights or obligations to the other party respecting this Agreement (except as expressly provided
herein). If neither City nor Foundation elects to terminate this Agreement pursuant to this
Section 12, then City and Foundation shall be obligated to complete their obligations under this
Agreement; provided, however, that the Property shall not include the portion so taken, Foundation
shall be entitled to any award or compensation paid by the Taking authority, and the Purchase Price
shall be reduced by the amount Foundation receives from the Taking authority.
13. TERMINATION.
Either party may terminate this Agreement with thirty (30) days' prior written notice if the
Eugene City Council fails to approve an amendment to the UGB described in this Agreement by July
1, 2005 for a reason not within control of Foundation.
14. DISPUTE RESOLUTION.
14.1 GENERAL. The Parties will try to resolve disputes through informal good faith
negotiation and mediation, with either party having the right to declare an impasse in the
informal negotiation, in which case the parties will select a mediator and continue
negotiation with a mediator.
PAGE 5 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
14.2 ARBITRATION. Litigation of a claim that cannot be resolved by negotiation or
voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit Court
that contains a stipulation to arbitration under ORS 36.410. The claim and all cross- and
counter-claims filed in response to the complaint shall be submitted to the Court Arbitration
Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial Court
Rules and the Lane County Circuit Court supplemental local rules concerning arbitration.
Either party may seek, and shall be entitled to, an order directing the other party to submit to
arbitration as provided herein and to judgment for its costs, expenses and attorney fees in
obtaining and enforcing the order.
In any litigation, the entire text of any order or permit issued by a governmental or
regulatory authority, as well as any documents referred to or incorporated therein by
reference, shall be admissible for the purpose of contract interpretation.
14.3 CONSTRUCTION OF CONTRACT. This Agreement shall not be construed against
either party, regardless of which party drafted it. Other than as modified by the Agreement,
the applicable rules of contract construction and evidence shall apply. This Agreement shall
be governed by and construed in accordance with the laws of the State of Oregon without
regard to principles of conflict of laws.
14.4 FORUM. Any litigation between the Foundation and the City that arises from or
relates to this Agreement shall be brought and conducted solely and exclusively within the
Lane County Circuit Court; provided, however, ifa dispute must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States
District Court for the District of Oregon, Eugene Division. In no event shall this subsection
be construed as a waiver by the City of Eugene of any form of defense or immunity, whether
sovereign immunity, governmental immunity or otherwise, from any claim or from the
jurisdiction of any court.
14.5 ATTORNEYS' FEES. If any suit, action, arbitration or other proceeding is instituted
under this Agreement or to enforce creditor's rights or otherwise pursue, defend or litigate
issues related to or peculiar to federal bankruptcy law (including, but not limited to, efforts to
obtain relief from an automatic stay), or any other controversy arises from this Agreement,
the prevailing party shall be entitled to recover from the other party and the other party agrees
to pay to the prevailing party, in addition to costs and disbursements allowed by law, such
sum as the court, arbitrator or other adjudicator may adjudge reasonable as attorney fees in
such suit, action, arbitration or other proceeding and in any appeal thereof or therefrom.
Such sum shall include an amount estimated by the court, arbitrator or adjudicator as the
reasonable costs and fees to be incurred in collecting any monetary judgment or award or
otherwise enforcing each award, order, judgment or decree entered in such suit, action or
other proceeding.
The award of costs and expenses after trial de novo following arbitration under ORS 36.400
et seq. shall be made as provided in ORS 36.425. The award of costs and expenses after
PAGE 6 - PURCHASE AND SALE AGREEMENT - 100 ACRES 1N LAUREL HILL VALLEY
Execution Draft
appeal from a judgment entered after trial de novo shall be to the prevailing party designated
as such by the appeals court.
15. GENERAL PROVISIONS.
15.1 TIME. Time is of the essence of City's and Foundation's obligations hereunder.
15.2 CAPTIONS. The section or paragraph captions contained in this Agreement are for
convenience only and shall not limit, amplify or otherwise constitute a part of the provisions
herein.
15.3 WAIVER. Failure of either party at any time to require performance of any provision
of this Agreement shall not limit the party's right to enforce the provision, nor shall any
waiver of any breach of any provision constitute a waiver of the provision unless the waiver
is in writing and signed by the waiving party. The waiver by a party of a provision shall not
constitute or be deemed to be a waiver of any other provision, nor shall it constitute or be
deemed to be a waiver of any subsequent breach of the same or any other provision.
15.4 NOTICES. Any notice, request, demand, instruction or other communication or
document to be given hereunder shall be given either: (a) by personal delivery (in which
event, such notice shall be deemed received upon such delivery), or (b) by first class United
States mail, postage prepaid, registered or certified, return receipt requested, addressed to the
person as required by this Section 15.4 (in which event such notice shall be deemed received
forty-eight (48) hours after deposit in any United States Post Office mailbox in the state to
which the notice is addressed, or seventy-two (72) hours after deposit in any United States
Post Office mailbox other than in the state to which the notice is addressed. The address for
purposes of this Section 15.4 shall be the address set forth below the party's signature at the
end of this Agreement. Such address may be changed by giving written notice of such
change in the manner herein provided for giving notice.
15.5 ENTIRE AGREEMENT. This document contains the complete agreement between the
parties relating to the Property, and all prior and contemporaneous negotiations are merged
herein and superseded hereby. No agreements, representations or warranties, express or
implied, that are not set forth in writing in this Agreement are made by Foundation to or with
city.
15.6 MEMORANDUM. Foundation and City shall execute a memorandum of this
Agreement for recording in the Lane County land records, substantially in the form attached
hereto as exhibit D.
The following statement is made pursuant to ORS 93.040:
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION
DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS, WHICH, IN FARM OR FOREST ZONES MAY NOT AUTHORIZE CONSTRUCTION OR
PAGE 7 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES
AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE
CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE
PROTECTION FOR STRUCTURES.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER
ORS 358.505. ORS 358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC PRESERVATION
OFFICER OF SALE OR TRANSFER OF THIS PROPERTY.
IN WITNESS WHEREO~', Foundation and City have executed this Purchase and Sale
Agreement effective as of the date first above written.
CITY OF EUGENE: TIlE MCDOUGAL FOUNDATION, INC.
' . aylor, City Mana'~er r'- ~
ADDRESS FOR PURPOSES OF NOTICE: ADDRESS FOR PURPOSES OF NOTICE:
CITY OF EUGENE P.O. BOX 518
100 WEST 10TM AVENUE, SUITE 400 CRESSWELL, OREGON 97426
EUGENE, OREGON 97401
PAGE 8 - PURCHASE AND SALE AGREEMENT- 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
STATE OF OREGON )
) SS. :
County of Lane )
This instrument was acknowledged before me on..~Or)~. ~ ,2004 by Dennis M. Taylor as
City Manager of the City of Eugene, an Oregon municipal corporation.
DAWNA MILLER
NOTARY PUBLIC. OREGON )
COMMISSION NO. 359139 ' --
STATE OF OREGON )
) SS.
County of Lane )
This instmm.ent was acknowledged before me on..J ~ ~ ,2004 by
[QOl-p~x,x.-~ W'~p"12~)~),~a.] as .~tr, l-£'~'t~.,.j of McDougal Foundation, Inc.,
Oregon nonpro'fit-corp0rh~ion. -- / an
Notary Public for Oregon
My commission expires: ~- O~ 5'0'7
PAGE 9 - PURCHASE AND SALE AGREEMENT- 100 ACRES IN LAUREL HILL VALLEY
Execution Draft
EXHIBITS:
Exhibit A: Legal Description of the Property
Exhibit B: Statement Concerning Underground Heating Oil Tank.
Exhibit C: Form of Memorandum for Recording
Execution Draft
Exhibit A
Legal Description of the Property
Government Lot 1, Section 9, Township 18 South, Range 3 West of the Willamette Meridian, Lane
County, Oregon, except the South 300 feet of said Lot; and Government Lot 2, Section 9, Township
18 South, Range 3 West of the Willamette Meridian, Lane County, Oregon.
AND ALSO:
Government Lots 1 and 2, Section 10, Township 18 South, Range 3 West of the Willamette Meridian,
Lane County, Oregon, except the South 300 feet of said Lots.
Execution Draft
Exhibit B
Statement Concerning Underground Heating Oil Tank
ORS 466.878
Unless a certificate for a decommissioned heating oil tank is attached to this Exhibit B, Foundation
has no knowledge that any abandoned heating oil tank is located on the Property. Foundation makes
no warranty that no such tank exists, however, and makes no representation concerning any other
environmental condition affecting the Property.
Execution Draft
Exhibit C
Form of Memorandum
AFTER RECORDING, RETURN TO:
City Recorder Tax Lot No.
City of Eugene
777 Pearl Street
Eugene, OR 97401
MEMORANDUM OF PURCHASE AGREEMENT AND TIMBER CUTTING RESTRICTION
DATE: ., 2004 ("Effective Date")
FROM: The McDOUGALL FOUNDATION ("Owner")
TO: City of Eugene ("Buyer")
Reference is hereby made to that certain Purchase and Sale Agreement ("Purchase
Agreement") between Owner and Buyer, dated effective , concerning
certain real property legally described on Exhibit A attached hereto and incorporated herein by this
reference ("Property").
Pursuant to the Purchase Agreement, Owner has agreed to sell and Buyer has agreed to
purchase the Property on the terms, covenants, conditions and other provisions set forth in the
Purchase Agreement. Reference is hereby made to the Purchase Agreement, as may be hereafter
amended in accordance with its terms, for all matters and things therein contained, as if fully set
forth herein by this reference. The Purchase Agreement restricts Owner's right to encumber the
Property or to cut or disturb or remove any timber, soil or other materials from the Property.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE
CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES
AS DEFINED IN ORS 30.930.
IN WITNESS WHEREOF, the parties have caused this Memorandum of Option to be
executed as of the date first above written.
OWNER: BUYER:
McDougal Foundation, Inc. City of Eugene
By: By:
Its: Its:
Execution Draft
STATE OF OREGON )
) SS.
County of Lane: )
The foregoing instrument was acknowledged before me this __ day of .,
20 ., by as of McDougal
Foundation, Inc., an Oregon nonprofit corporation, on behalf of the corporation.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
County of Lane )
The foregoing instrument was acknowledged before me this __ day of ,
20__, by Dennis M. Taylor as City Manager of the City of Eugene, an Oregon municipal
corporation, on behalf o the City.
Notary Public for Oregon
My Commission Expires:
ATTACHMENT C
LAND PLANNING CONSULTANTS
1071 HARLOW ROAD
SPRINGFIELD OR 97477
Phone 541-726-8523
June 4, 2004
James D. Torrey, Mayor, City of Eugene
City Council of City of Eugene
Dear Mayor Torrey and City Council Members:
The McDougal Foundation, Inc. and McDougal Bros. Investments own 120 acres of land in the
Eugene Urban Growth Boundary, the "Laurel Hill Tract", (Tax Lot 701 and a portion of Tax Lot
702, Assessor's Map 18-03-10). LeeLynn, Inc. and Wiley Mt., Inc., corporations of Melvin
McDougal and Norman McDougal, respectively, own 197 acres on Irvington Road near Santa
Clara, the "Santa Clara Tract", (Tax Lot 200, Assessor's Map 17-04-03) that is not presently in the
UGB.
The McDougal Foundation, McDougal Bros. Investments, LeeLynn, Inc. and Wiley Mt., Inc.
("OWNERS") request the City of Eugene to initiate a Metro Plan Amendment (or Amendments)
to remove the 120 acre Laurel Hill Tract from the UGB and add the 197 acre Santa Clara Tract to
the UGB. The OWNERS will donate 77 acres of the Santa Clara Tract to the City of Eugene
Parks and Open Space Division ("PARKS"), leaving 120 acres for private development.
The City of Eugene, through its City Manager, and the OWNERS have entered into the following
agreements that, subject to adoption of the Metro Plan Amendment(s):
1. PARKS will purchase 10(/acres of the Laurel Hill Tract for its appraised value.
2. OWNERS will donate easements to the City for Parks use over an additional 30 acres of
the Laurel Hill Tract, giving PARKS 130 acres to establish a continuous trailway between the
City's urban parks and trails system and Bloomberg Park.
3. OWNERS will donate 77 acres of the Santa Clara Tract to the City for development of
Community park.
4. PARKS and OWNERS will cooperate to develop a conceptual plan for the Santa Clara
Tract that will integrate their respective developments, using the Principles of Smart Growth as
mutually agreed upon and included in their agreement.
If the proposed Metro Plan is adopted, the total acreage of private development land within the
Urban Growth Boundary will remain unchanged. The City of Eugene will receive an additional
77 acres of land not otherwise available in the present UGB to be used as a community park.
June 4, 2004 - Mayor - Council Letter
Page two
Land Planning Consultants represents OWNERS and joins in this letter to request the City Council
to initiate the Metro Plan Amendment process to enable public input and formal analysis of the
proposal to swap Urban Growth Boundary lands and add 77 acres for the Santa Clara Community
Park.
Yours truly,
THE ~UGAL FOUNDATION, INC.
MCD~~~~,L BROS. INVESTMENTS
LAND PLANNING CONSULTANTS