HomeMy WebLinkAboutPermit Miscellaneous 2001-11-5
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002298 ~220010073949 102102811/05/2001 02:56:41 PM
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Division of Chief Deputy Cle~k
Lane County Deeds and Reco~ds
Robert G. Kokotan
490 south 79th. street
springfield ore. 97478
NOTICE OF ANNEXATION AGREEMENT
i~C)TICE OF GIVEN THAT
hereinafter referred to as the Owner and City of Springfield, a municipal corporation of the State of
Oregon, hereinafter referred to as the City, on the . day of , 20
entered into an agreement goveming an annexation to the city of real property identified as
Tax Lot \ 7-(:)z-. -..,,10 ~(),' Assessor's Map L\ \ () \ , a legal description of which is
attached as Exhibit "A" and incorporated by reference, herein.
The use and development of the above property is governed by the tenns and conditions of the
Consent to Annexation document signed by the Owner and the City. The Consent to Annexation
document is filed in the Development Services Division of the City, to which reference is hereby made
for all matters and things therein contained. This agreement is binding on the Owner' heirs, assigns
and successors in interest to the Property.
As used herein, the singular shall include the plural and the plural shall include the singular.
In WITNE1'l.S WHEREOF, the Owner has set their hand and seal this \Ltb-dayof
~ ,20f')1.
r:/i~.~9 By: ~~ \l~~
Owner '^ I
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Address
By:
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Owner
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Address
STATE OF OREGON, County of Lane }
Personally appeared before me this 14-
named .s:....\~! rl~" Q '.-' , ''=>.0
instrument~";';". .i1'a~... \F~ICu..t;EA~ i.
I. ANNE KINSEY
j '-.. ./ NOTARY PUBLlC-QREGON
j '. COMMISSION NO, 331844
~ . MY COMMISSION EXPIRES FEB 22. 2004
~::=>~'::>':::'~~ ':>"::'='='~~--e -:-------
ss.
day of O;J- , 2001 , the within
, who acknowledged t"he foregoing
, ~(j,.-L ~^.Q..o'. f
Notary Pu~lic of Oregon
My Commission Expires: >-12-"Lf()<-J
In WITNESS WHEREOF, The Director of Designee has set their hand and seal this 3 J day
:~: ~~:- 71/J2u~
#S'N"'" Dh.C\of 0' .., "" 0' ",,.,,,.,,
STATE OF OREGON, County of Lane ^} ss.
Personally app~%dll~?J~re me this 1) \ day of lJ(J1.:ix/ , 20 () I ,the within named
\1'lIUl r. lJ V}VI'v1, , who acknowledged t foregoing instrument tot
be their,~rlt_a~act ?!19. dee,
;-. ' , ,. OFFICIAL SEAL
. . BRENDA JONES
: '. .' NOTARY PUBLIC. OREGON
~"'" ..i COMMISSION NO, 332473
Y .' MV COMMISSION EXPIRES MAY 27, 2004
!.c.-c .... -, -~~----- '0,-'-"'- My Commission Expires: ffiJr 'Yf,:J-d04-
This Notice of Agreement shall be, recorded by the Owner in the Deeds and Records Department at he Lane
County Courthouse. The original of this Document shall be returned to the Development Services Department,
City of Springfield, 225 Fifth Street, Springfield, Oregon 97477.' The recordation of this Document shall be
considered Notice of Agreement.
1/
NOTICE OF ANNEXATION AGREEMENT
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· CONSENT TO ANNEXATION .
FOR UF-10 URBAN FRINGE OVERLAY DISTRICT6 PROPERTIES
To: The City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as
City.
This is a Consent to Annexation by
]~c~ ;. ~roC'.~ ~~~
, hereinafter referred to as Owner.
RECITALS: The Owner represents the following:
1. The Owner possesses real property, hereinafter referred to as Property, more particularly
described in Exhibit "A", attached hereto and made a part hereof, located outside City Limits,
but within the adopted Urban Growth Boundary depicted in the Eugene-Springfield
Metropolitan Area General Plan.
2. The UF-10 Urban Fringe Overlay District described in Article 29 of the Springfield
Development Code, hereinafter referred to as SDC, has been applied to property.
3. By the terms of SDC, Section 29.070(1 )(a), the Consent of Annexation, hereinafter referred to
as this Document, is required as a precondition to allow of the land use activity or development
desired by the Owner.
AGREEMENT:
The Owner consents as follows:
1. The Owner irrevocably consents to annexation of the Property to the City in consideration
for the allowance by the City of land use activity or development.
2. The Owner consents that the City Council, in its sole discretion, now or at any time
hereinafter, may adopt a resolution initiating annexatiol) under ORS 199.490 and 222.170
or any other applicable law or statute. The Owner consents to including in such proceeding
any other land the City Council may direct or which the Owner had petitioned and
consented to the annexation.
3. The Owner understands and consents that this Document may be used by the City to meet
the requirements of ORS 1990490 and 222.170.
4. The Owner also irrevocably authorizes the City to present this Document to the Lane
County Local Govemment Boundary Commission to initiate any minor boundary change
under ORS 199.490(1) as an interim measure to provide service to the Property prior to
annexation to the City.
5. The Owner consents, pursuant to ORS 222.115, that the Owner and any and all heirs,
successors and assigns with an interest in the Property shall be bound by this Document,
which shall run with the Property.
6. The Owner shall obtain the City's approval for any new land use activity or development,
change of land use activity or development, or intensification of land use activity or
development of the Property. The City will grant approval of the land use activity or
development if it is in compliance with applicable plans, policies, and standards as
interpreted by the City.
CONSENT TO ANNEXATION 2
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'7,
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In consideration of t.ocument, the City agrees that theA>perty may receive municipal
services from the City and the Owner may undertake the ~Iopment of the Property in
accordance with City Plans, policies and standards and with the applicable requirements of
Lane County.
.;.
8. As used herein, the singular shall include the plural and the plural shall include the singular.
Contemporaneously with the execution of this Consent to Annexation, the Owner is executing a
separate Waiver of Time Limitation form, pursuant to ORS 222.173, attached hereto and made part
of, as a condition of signing this Document.
In WITNES~ WHEREOF, the Owner has set their hand and seal this CJ(\~, day of
.)1./ - , 20~; and with the above signature, I am verifying that I have the authority to
consent to the above on my own behalf or on behalf of my firm, agency or trust.
By: .\)J2d_Cf~D By: ~~e~Sl
. Owner "\ Owner
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Address
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Address
STATE OF OREGON, County of Lane} ss. J~ck Lund and Diane Lund,
Personally appeared before me this I r..L day of ()() :f- ,200', tI:le-~
acknowledged the foregoing instrument to be their voluntary act and deed.
lu. .-. .'. --'- '--~~~~fs~~-'-: ' J4nar1 j ~/1;r)tJ --' -'
. .,. J NOTARYPUBLlC-OREGON I NotarY Public of Oregon I.
. .' COMMISSION NO, 331844 I
MY COMMISSION EXPIRES FEB 22, 2004 I . /. I
---------~---','=---=, My Commission Expires: ;}-::;;;:y ()(j
In WITNESS WHEREOF, The Director or Designee has S13t their hand and seal this
'3l -M day of ~ n r' /'1,201\ I .
By: ~ ~/ (/A4~--? -
D~IQi5m~ Servicesbin:lctor of the City of Springfield
STATE OF OREGON, County of Lane} ss. ().. /, ..
Personally appeared before me this 17 I day of IJ{A1]W'/ , 20 J) / . the
acknowledged the for~~~.i~~.i~.st:~~,ent to be their ~t0d:~,
. BR~~~~Lj~~ES I Notary Public of br(??/ n
\. ; NOTARY PUBLIC. OREGON
\" ./ COMMISSION NO, 332473
..... MY COMMISSION EXPIRES MAY 17, 2004
{~- ---e .~..-.-, : ...... '.' '<"'''' My Commission EXPires:~ 'YI 'J1JtJ4-
CONSENT TO ANNEXATION
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WA. OF TIME LIMIT ON CONSENT _ANNEXATION
AN ADDENDUM TO THE CONSENT TO ANNWlPATION DOCUMENT
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WHEREAS, the Owner has executed a Consent to Annexation document to the City on
the.[)::fL day of 14 ~ ,20e I , entered into an agreement governing an
annexation to the City of real property identified as Tax Lot 17-02 -?,J Co- "3C)Assessor's
Map t-j- t 0 l ' a legal description of which is attached as Exhibit "A" and
incorporated by reference, herein. And is attached hereto; and
WHEREAS, for the purpose of authorizing an annexation under ORD 222.170 or under
a proceeding initiated by ORS 199.490, only statements of Consent to Annexation which are
filed within anyone-year period shall be effective, unless a separate written Waiver of Time
Limit document forgoing the One-year period or prescribing some other period of time has
been entered into between an owner of Land and the City; and
WHEREAS, the Owner signing this Waiver of Time Limit, will comply with the terns of .
the Consent to Annexation document so that the Consent to Annexation document will be
effective without regard to the one-year limitation under Oregon Law.
NOW THEREFORE, in consideration for the City's agreement that the Owner's Property
may receive municipal services from the City and the Owner may undertake development of
the Property in accordance with the SDC and other applicable City plans, policies and
standards and with the requirements of Lane County, the Owner hereby agrees to waive the
one-year period, pursuant to ORS 222.173. This Waiver of Time Limit is binding upon the
Owner, the Owner's heirs, assigns and successors in interest to the Property possessed by the
Owner.
In WITNE~$ WHEREOF, the Owner has set their hand and seal this ~+ day of
By N'YJM~ By ~o ~~
Owner\.' Owner
"Shh l<i 4r 'b~.
Address
~~bb
Address
rt~~ ~
STATE OF OREGON, County of Lane J
Personally appeared before me this f
within named~MJ( Q.A~ ~ D
foregoing instrument to be their voluntary act and deed.
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. OFFICIAL SEAl r
j . ANNE KINSEY I
j ... ) NOTARY PUBLlC-OREGON I
.,.... COMMISSION NO, 331844 I
L _ _ _ ~ ~~~S:I~N ~X;I:':F~B ;2~ ~~~
ss.
day of
~ ,20f)(, the
who acknowledged the
, ~VV./=k.-l'j^~t-" )
Notary Public of Or~gon . J
My Commission Expires: d-Iddl m
This Waiver of Time Limit shall be, recorded by the Owner in the Deeds and records
Department at the Lane County Courthouse. The original of this Document shall be returned
to the Development Services Department, City of Springfield, 225 Fifth Street, Springfield,
Oregon 97477
WAIVER OFTIME LIMIT
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DECLARATION
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Oivision of Chief Depuly Clerk ~~~~.~J~I~o
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0~289860200200341250020028
05/01/2002 11 :16:27 AM
CASHIER 01
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1. OWner(s). .3,""" \<... '~~\<::1.,",e.. Lu....v,-c\
is/are the fee owner(s) of the real property located in Lane County
Oregon more particularly described and set forth in Exhibit "A".
2. Extraterritorial Extension. Owne~(s) have requested that: the
City of Springfield initiate an extraterritorial water line extension
to Owner(s)' real property located outside the present city limits of
the City of Springfield and within the City of Springfield Metro Plan
Urban Growth Boundary; the City of Springfield request the Lane County
Local Government Boundary Commission to approve the extension; and, in
the event of such approval that the City allow construction of such
extension.
3. Notice. Owner(s) acknowledge that Owner(s) have been informed by
the City of Springfield that sanitary sewer service and stormwater
capacity may be unavailable to the real property and in the event of
such unavailability the City of Springfield may take the position that
the division or subdivision of the real property described in Exhibit
"A" is inappropriate until such time as sanitary sewer service and
stormwater capacity is available. Accordingly, the Owner(s)
understand that the City of Springfield may withhold approval of any
application for land division, including partition or subdivision, for
the real property more particularly described and set forth in Exhibit
"A" until such time as sanitary sewer service and stormwater capacity
is available to such property.
4. Purpose of Notice. This. notice is placed upon' the property by
Owner(s) so that all parties and persons including heirs, successors,
and assigns claiming under them has notice of the position of the City
of Springfield as set forth in Section 3.
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~operty Owner
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Property Owner
STATE OF OREGON
ss.
County of Lane
Personally appeared
2002, the above named
foregoing instrument to
G day of ~~
,and knowledged the
d ed.
~ OFFICIAL SEAL
;. . .' JEANNIE L OOOM
,.:~ NOTARY PUBLIC. OREGON
;. COMMISSION NO, 339575
.s:J:""',:M~~~~PI~S OCT, 19,2004
) ss.
County of Lane ) ~,t?
Personally appeared ~f~re m; thisn ~ day of
2002, the above named ~, (~Lh r.V , and a
foregoing instrument to be hi er v untary a~and
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for Oregon / '_ /
Expires: I~ /9/0 l/:'
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OFFICIAL SEAL
JEANNIE L, OOOM
NOTARY PUBLIC, OREGON
COMMISSION NO. 339575
MY COMMISSION EXPIRES OCT, 19,2004
Notary ~lic
My Comm~ssion
N:\CITY\Pworks\GENERAL\Declaration.wpd
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MILDRED A. HOLLY--
JEFFREY L MIE5EN and MADILlNE M. MIESEN.
husband and wife
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the IollovfIng deKribtd rNl P!'Operty rr.. 01 ~ p:~ as ~ set forth her,u, situllted in LANE
Counly,Oregon,Io-wit A portion of tax acct. No.ls 144558 and n4S41
Beginning at a point that is 431.46 feet South 0' 13' 00" East of
the Southwest corner of the Nelson Davis Donation Land Claim No.
50, in Township 17 South, Range 2 West, Willamette Meridian, said
Point of Beginning being the Northwest corner of Lot 64 of the
-Kinney-Michael Tracts- as set in County Survey File 17039; thence
North 78' 22' 00' East 369.06 feet to the TRUE POINT OF BEGINNING
being marked by a 5/8' iron rod; thence South 0' 04 '23" East
170.00 feet to a 5/8' iron rod; thence North 78' 22' 00" East
276.00 feet to a point on the Westerly line of a 60.00 foot wide
roadway, being marked by a 5/8' iron rod; thence along the
Westerly line of said roadway North 9' 04' 23" West 170.00 feet to
the Northeast corner of said Lot 64; thence South 78' 22' 00" West
276.00 feet to the TRUE POINT OF BEGINNING. .
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The said pl'opel1y Is free from encumbrances txceptCovenants, Conditions, Restrictions, Reservations,
Easements, Rights of Way of Record, If any, and Improvement Agreement of record.
Thit trve considetation lor this._ ," _.' ts r
64.500.00
THIS IH$TAl.AlENT WILL NOT ALLr:::JN USl: OF T11E " .....~...-., , OESCRlBED 101 TliIS ~ IN VIOlATlON OF APPUCA8l.E LANO use LAWS
AHD REGUl.ATIOHS. BEFORE SlONJNQ ORACCEPTlHG nus ~UMENT, ~ P!RSON ACCIUIRlNG FEErm..e TO THE ~......~ "'.... . SHOUlDCHECK
WtTH 1l4E APPflOPRlATE CCTY Of! COUNTY PI.ANNflQ DEPARTNENT TO Y6VY APAO\IEO USES.
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STATE OFOAEGON. Co.II'Ily 01
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