HomeMy WebLinkAboutPermit Miscellaneous 1988-12-19
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NOTICE OF AGREEMENT
NOTICE IS GIVEN THAT f"7eAI'. IT kLk..i (H..h~. and N.F!l.f!..4
!;LIL/AJVc77l1l( , hereinaftet referred to as "Petltloner(S)", and
the City of pringfield, a municipal corporation of the State of Oregon, hereinafter
referred to as "City", on the day of , 19 ,entered
into an agreement governing an annexation to the City of real property identified as
Tax Lot ({02 ro - Assessor's Map /7-03-3'1-2<1, 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 terms and
mnditions of the agreement signed by the parties. The agreement is filed in the
central files of the City, to which reference is hereby made for all matters and
things therein contained. This Agreement is binding on the Petitioner(s)' heirs,
assigns and successors in interest in the property.
IN
day of
WITNESS WHEREOF,
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the parties hereto have set their hand and seal this
, 19.iL.
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By:
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lJate
By:
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By: ,( ~ ~..Mil....,;V1b.. )
Owne r (\
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Date '
STATE OF OREGON )
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County of Lane )
this JcJ
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On
notary
day of ~ ,19...i.f..., before me, the undersigned,
1n the saic county anc state, personally appeared the 'within named
and known to me to be the the
described herein and who executec the same freely and
identical incivicuals
vol untari 1y.
IN TESTIMONY WHEREOF, I have hereunto set my hand anc seal the day and year last
above wri tten.
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NOTARY ~n;-rUR UREGON
My Commi ss i on Expi res: 1-4-"Q.
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PETITION FOR ANNEXATION ANO CONSENT
TO ANNEXATION
To: City of Springfield, Lane County, Oregon.
The Petitioner, [1.,..RlHA 13, tl'K,~'j""A - !f,o.r1r..:l
petitions, consents, and represents as t~s':-'
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1. Real Property: The undersigned Petitioner(s) owns real property located
outside the ~ity Ilmlts, but located within the adopted Urban Growth Boundary
depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred to
as . the Property and more particularly described in Exhibit "A" ,attached hereto and
made a part hereof.
2. Irrevocable Petition and Consent to Contiquous Annexation: The
Petitioner(s) hereby lrrevocably petitions and consents to.contiguous annexation of
the Property to the City of Springfield pursuant to ORS 222.170. Petitioner(s)
petitions, consents and agrees that the City Council in its sole discretion; now or
at any time hereafter, may adopt a resolution initiating contiguous annexation under
ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the
Property to the City. The Petitioner(s) consents to including in such proceeding any
other property the City Council may direct or which the owner(s) have petitioned and
consented to the annexation.
Consent
and ORS
Petitioner(s) understands, consents, and agrees that this Petition and
may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c)
199.490 (3)(b) & (c).
Petitioner(s) also irrevocably authorizes the City to present this Petition
and Consent to the Lane County Local Government 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 its annexation to the City.
In consideration for this Petition and Consent Agreement, the City agrees
that the Petitioner(s) Property may receive municipal services from the City and
Petitioner(s) may undertake the'development of the Property in accordance with the
Springfield Development Code and other applicable City plans, policies and standards
and with the requirements of .Lane County.~
3. Binding on Successors: Petitioner(s) agree that Petitioner(s) and
Petitioner(s) heirs and successors, in interest in the Property shall be bound by.this
Petition for Annexation and Consent to Annexation which shall run with the Property,
and that notice of this document will be recorded by the City in the deeds and
records for Lane County. A copy of the not i ce has been executed by the Pet it i oner (s)
and is presented herewith to the City.
4. New Use: Petitioner(s) must obtain City's approval for any new use, change
of use, or intensification of use of the Property. The City will grant approval of
the use if it is in compliance with the Springfield Development Code and other
applicable plans, policies, and standards as interpreted by the City.
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to
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5. Cost of Service in the Event Annexation Denied: If an administrative
agency or court of competent juriSdict10n determ1nes that the Property or part of it
may not be annexed to the City or that the City may provide no service to the
Property or the part, the City may retain all consideration theretofore paid to the
City for serving the Property and may collect in .addition ,thereto whatever additional
considerations are due the C,ity for, services the'City has provided prior to the
determination that the Property may not be annexed to the City or the City may not
provide services to it.
6. No Limitation on First Amendment Rights: Although this Petition for
Annexation and Consent to Annexat10n 1S b1nding upon Petitioner(s), and may be used
for the purposes for which Petitioner(s) has agreed, nothing herein shall be
construed as limiting or infringing upon Petitioner(s) I right to speak out, comment
upon, or present arguments regarding the advisability of proceeding with the
annexation proceeding. It is specifically understood by petitioner(s) that in
executing this Agreement, a situation may arise wherein Petitioner(s) may be opposed
to the annexation and would have all rights under the First Amendment to articulate
that opposition but the Petition and Consent of petitioner(s) as contained herein
will be used for the purposes herein described by City in order to achieve and
demonstrate compliance with DRS 199.49D.
7. Provision of Services: In executing this Petition and Consent it is
specifically understood that any annexation shall be contingent in its application to
any particular annexation request upon the annexing City, within a logical and
reasonable time, to provide key urban facilities and services, including, where
applicable, sanitary sewers, solid waste management, water service, fire protection,
police protection, parks and recreation programs, electrical service, land use
controls, communication facilities, pUblic schools on a district-wide basis (in other
words, not necessarily within walking distance of all students served), paved streets
with adequate provision for storm water run-off and pedestrian travel.
the
the
8. Application:
consent1ng landowner
rest of the City.
The City shall not levy assessments, taxes or fees against
not applied to properties of similar character throughout
DATED this
~t1 day of
A;;"'..._~ , 19 ?t' .
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ACCEPTANCE 8Y CITY:
The City of Springfield hereby accepts Petitioner(s) Petition for Annexation and
Consent to Annexation and by this acceptance acknowledges this as an Agreement
meeting the requirements of Lane County Code 1D'~~~U9h -55.
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CITY OF SPRINGFIELD
SPRINGFIELD. OREGON 97477
Sep teIll1)('," 2:l, I 'JI7
346 MAIN STREET
726,3753
DEPARTMENT OF
PUBLIC WORKS
MAILED TO:
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Donald Hulti
John I3rmvn
Richard Anstine
Kenneth Tholllas
Robe,"t Geyer
l3eatrice Heldon
H, A, llarckley
Merlynn R. I3bdily
John ,I. Gillney
G,"ant C, Elkington
Re: Sanitary Sel'ler Along IJi,1I1101111 Slrel~t, I','oject SI'-;'G2 S"p )
,
please be al'I<lre thilt th(~ City of Sp,'inl)fil:ld h;,~; I:nlJ\'lll'dUe of your past con-
cenlS re(jar"ding the n.'cr.~'lt constroction of thr: sanitary 5 el'lC'" in Diamond St,"eel.
In ol"<le," to elilllinate ,lilY existi,,,! confw;ion 0'" C(IIIC(~,'n on your pal"t, please
let this lell,e,' assu,"e you thal the developer alld Il("oject contractor ~/ill COIll-
plete this Il("oject in acco,'dance l'lith accepted pro1ctice~, and pol icies of the
City of Sp,'ingfield,
As you I: nOl-I , the saniLII'Y sel.J(~I" hilS IllM I,eeu plilu:d and telllpol'a,'y p,llchin9 of
the asph,lltic :;urface has heen COlllpleted, As soon as pr'acticable, a final
patch './ill be placed restorin~1 the Slwface of the paved stl'eet to preconstruc-
tion condition or Ilette,', (The telllporary patch is placed in onler to allm~
settlement to to11:e place ove," the tl'ench excavation.)
It is au'' belief that the futur"e benefits of havin~, a sanital'y se"ll'r. available
to YOUI' p,"ope,'ty pa,'t ially compensates you f6,' the inconven ience suffered during
the project's conslt"uct ion, At sOllie future date 1'1I1I:n YOUI" property is annexed
to the Cit.y of Sp,'ingfield arid you desire connection to the sanit.ary' se,'tr.r, the'
cosl for such se,'vicI: l'lill only be a fraction of the cost normally i'ncul'red' by'
1Il0st ne"lly annexed al'eas. Based on CUITent pol icy, you ~Jill be aske'd t.o pay a
connection fee and an "in-l jell-oF-assessment." chat'lW in order to receive se,'vice.
CUITently, these fees arc $100 per d\~elling unit ilnd $4.50 per front foot of
property alolHI Diamond Str"ef~t, respectively, The'"efol'e. for a 70' I,lide lot., .the
total co~,t ~lOllld be ~,~lS (plus cost of hOllse connection) ~/hich favorJbly compares
to the actllili conc,tructiou cost of ,lPl'roxitlliltcly $6DO for providin~t1le Diamond
Street <.o1nitary se"ler as pol id by the City of Sprin~lrield and [ll'eedon 13,'others,
(Since City policy docs change frolll time to time, the actual cost to you "Iould
be determined hased on City policy in effecl. at the tillle of connection.)
Should you have any remainilH) questions l"f~gardinlJ this project, please contact
Les Craiqlllile at 72G~3753,
Very tnlly YOll'"S,
I 'l\,:(l~L-A. r..JL~j.
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~lichilel A, I~elly ,r'"'
Director of Public \0101"1:5.
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