HomeMy WebLinkAboutAnnexation Agreement APPLICANT 4/24/2008
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ANNEXATION AGREEl\1ENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Daniel and Shannon Jackson ("APPLICANT").
RECITALS
A. APPLICANT owns the parcel(s) ofland legally described in Exhibit A, the Property, and
shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commission or its successor ("Boundary Commission") following minor
boundary change processes.
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007-
00009, dated February 26, 2007, for Assessor's Map No. 17-03-24-31, Part of Lot 2000
("Property") .
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission or its successor. The Springfield Common
Council has adopted Resolution No. 07-57 supporting the annexation.
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR (UP-I 0) according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metro
Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence
in the record of the proceeding on this annexation. City staffhas determined the minimum
level of key urban services is currently available to the Property with the exception of
public sanitary sewer service, public stormwater management service, and street
connectivity to adjoining property that fully meet City Standards. The purpose of this
Agreement is to memorialize APPLICANT's and City's commitment and agreement to the
allocation of financial responsibility for public facilities and services for the Property and
other users of the facilities, sufficient to meet the City's re.quirements for the provision of
key urban services, including long-term public sanitary sewer, stormwater, interconnected
transportation systems and Fire and Life Safety services necessary for an affumative City
recommendation for the annexation request
Mter Recording, Return to:
Division of Chief Deputy Clerk
Lane County Deeds and Records
l~~1.~~J~~~
$81 ,00
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Date Received: i p<fhtJo!
'I r-
Planner: Al
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F. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property.
. An existing public sanitary sewer system is cUu.':'.u.tly under construction which
includes a new lift station located at the comer of Vera Street and 19th Street. The
Property will be allowed to connect to this lift station after it is approved for
acceptance by the Common Council, which should occur before May 1, 2008.
. As a part of the construction of the above described public sanitary sewer system,
there will be a fifteen inch (IS") diameter public sanitary sewer extended from the
lift station to the existing westerly right-of-way of 19th Street.
. The APPLICANT will be required to extend the above described fifteen inch (IS")
public sanitary sewer along 19th Street and the Hayden Bridge Stub prior to the street
construction as defined hereafter in Paragraph H of the Recitals of this Agreement.
If the APPLICANT selects a street connectivity option which does not include the
improvement of Hayden Bridge Stub, the construction of the fifteen inch (15")
public sanitary sewer will be limited to the extension of said fifteen inch (IS") to a
terminus point outside of the limits of the 19th Street improvement, said limits to be
determined by the City during the Subdivision Tentative Plan review or the Public
Improvernp:nt Plan review and approval.
. The APPLICANT will be allowed to connect individual sanitary sewer laterals to the
fifteen inch (IS") public sanitary sewer, and will be required to provide any laterals
deemed necessary by the City to provide future service to adjoining properties.
. The City will participate in the cost of the construction of the fifteen inch (15")
public sanitary sewer through the payment of a portion of the construction cost. The
City will reimburse the APPLICANT at the rate of one hundred twenty five dollars
($125.00) per lineal foot of the total length of said fifteen inch (15") sanitary sewer,
plus five thousand dollars ($5000.00) for each manhole associated with the
. construction of said fifteen inch (IS") sanitary sewer. The total length of the fifteen
inch (IS") sanitary sewer and the number of manholes shall be determined based
upon the approved Public Improvement Plans which shall be prepared by the
APPLICANT and approved by the City. The City will participate in the cost of said
construction by means of a single cash contribution, which will be reimbursed to the
APPLICANT within sixty (60) days of the acceptance of the Public Improvement
Project by the Common Council. City participation will be limited to the
construction of the fifteen inch (IS") public sanitary sewer and the associated
manholes, and will not any include any costs associated with the laterals connected
to said sanitary sewer, including any laterals deemed necessary by the City to
provide future service to adjoining properties. Further, City partiCipation will be
limited to construction costs only, as per the above quoted unit prices, and not
incidental costs including, but not limited to, those costs which are specifically
allocated solely to the APPLICANT and defined in Paragraph 1.3.3 of this
Agreement.
. The APPLICANT will be required to construct a public gravity sanitary sewer
,systemto serve the Property, as needed, in addition to the fifteen inch (15") public
sarP-tary sewer described above.
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G. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
. An existing eighteen inch (18") diameter public stormwater management system is
located adjacent to the West line of the Property, approximately 240 feet north of the
centerline of V era Street. Another existing twelve inch (12") diameter public
stormwater management system is located adjacent to the West line of the Property,
approximately 170 feet south of the centerline of Vera Street.
. The APPLICANT will be allowed to connect to either or both of these existing
public stormwater management systems, but will be required to provide pre-
treatment for 100 % of newly paved surfaces, using such methods as double
chambered catch basins with oil filtration media or a water quality manhole.
Additionally, a minimum of 50% of the non-building rooftop runoff impervious
surfaces on the property shall be treated vegetatively, using methods such as a
bioswale. The APPLICANT will be required to maintain the post-developed runoff
rate of flow equal to or below the pre-developed runoff rate of flow.
H. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
. The Property has frontage on 19th Street which is under the jurisdiction of Lane
County. Along this frontage, 19th Street is not improved.
. The APPLICANT will be required to improve 19th Street to a minimum 2/3 width of
the required width of thirty-six feet (36') for a collector street The APPLICANT
will be required to construct a section complete with curb, gutter, pavement,
sidewalks, street lights and street trees, along the frontage of the Property.
. The APPLICANT will also be required to dedicate a strip of land thirty-five feet
(35') in width adjacent to the westerly line of the existing Right-of-way, across the
frontage of the Property, to accommodate the improvement and the alignment of 19th
Street and result in a total. Right-of way width of seventy feet (70').
. The APPLICANT will also be required to dedicate a Right-of-way of sixty feet (60')
through the Property to facilitate the east-west connection of 19th Street with the
existing Vera Street Right-of-way and pavement. The APPLICANT will be required
to construct the easterly extension of Vera Street to an urban standard from the West
line of the Prope~ to 19th Street, complete with curb, gutter, pavement, sidewalks,
street lights and street trees. '
. The APPLICANT Will also oe-requrrea. to provide for an improved secondaiY access:
- to' the Properly via either the extension oJ f9th"Street to Yolanda Avenue, or the
/\' improvement of Hayden Bridge Stub from 19th Strl?et ~g._east~rly tQ.th~ existing
I~P!o\,e~ p~ve~en~. lithe APPLICANT selects the option of the extension-o{19th
Street to Yolanda Avenue, the APPLICANT will be required to provide for a
minimum 2/3 width of the required width of thirty-six feet (36') for a collector street,
complete with curb, gutter, pavement, sidewalk, street lights, and street trees. If the
APPLICANT selects the option of the improvement of Hayden Bridge Stub from
19th Street and easterly to the existing improved pavement, the APPLICANT will be
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required to construct a 2/3 width of the required width of thirty-six feet (36') for a
collector street, with the centerline of the existing improved pavement aligned with
the centerline of the APPLICANT's 2/3 width improvement. In the event of the
selection of the Hayden Bridge Stub option, the APPLICANT will not be required to
provide curb, gutter, sidewalks, street lights, or street trees, unless a temporary curb
is deemed necessary by the City for the control of stormwater drainage. This
determination will be made at the time of Subdivision Tentative Plan approval, or
~uring the review and approval of the Public Improvement Plans.
. The APPLICANT will further be required to provide public access to all proposed
lots within the Property via public Rights-of-way and urban standard streets,
complete with curb, gutter, pavement, sidewalk, street lights, and street trees. At the
request of the APPLICANT during the Subdivision Tentative Plan approval process,
the provisions for private streets may be considered. Any provision for said private
streets will be at the sole discretion of the City, and, if allowed, must abide by all of
the Standards and Codes of the City.
. N otwit4standing any otPer requirements of this Agreement, if a subsequent
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subdivision application for the subject property will creat~ lots, which will allow
development of30_or more homes, the APPLICAN:T shall be required to provide a
secondary fire and-life safety apparatus access route-to the.subdivision in accordance
with Springfield Fire Code Appendix D 1 07.
1. In order to facilitate orderly development of the Property and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
affirmative recommendation for annexation to the Boundary Commission or its successor,
and in exchange for the obligations of the City set forth below, APPLICANT shall comply
with all requirements imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing Recitals, which are specifically made a part of this
Agreement, the parties agree as follows:
AGREEMENT
1. OblilZations of APPLICANT. Consistent with the above Recitals and .subject to the issuance
of Subdivision Plat and Public Improvement Plan approvals, APPLICANT'agrees to
perform the obligations set forth in this section.
1.1 Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant
to Springfield Development Code Article 35, for a residential subdivision on the
Property within six (6) months, unless extended by the City, of the effective date of
the Boundary Commission's, or its successor's, approval of APPLICANT's
annexation request. Ibis paragraph is subject to the requirements of Paragraph 8,
below.
1.2 Apply for, and obtain, Subdivision Plat approval from the City, pursuant to
Springfield Development Code Article 35 for a residential subdivision on the
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Property within two (2) years, unless e:rtended by the City, of the date of the
Limited Land Use Decision issued by the City for Subdivision Tentative Plan
approval issued pursuant to Paragraph 1.1, above. This paragraph is subject to the
requirements of Paragraph 8, below.
1.2.1 APPLICANT further agrees to hold the City harmless for any and all claims
that may arise from any delay of the development of the Property as a result
of the City's performance, or lack thereof, in relation to the construction and
Common Council approval and acceptance of the Vera Street lift station.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1 APPLICANT shall construct public sanitary sewer systems to connect to the
Vera Street lift station and to extend the existing public sanitary sewer, as
described in Paragraph F of the Recitals of this Agreement.
1.3.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the sanitary sewer systems described in
Paragraph 1.3.1, above.
1.3.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed san,itary sewer systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.3.4 Prior to or concurrent with Subdivision Plat or Public Improvement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide fmancial security acceptable to the City for all
costs associated with the above described sanitary sewer system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLl) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and financial security shall be adequate to provide for the payment of
said prevailing rate of wage.
1.4 Subject to Subdivision Plat approval, City Engineer approval of t,he requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
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Approval for any new structure on the Property, develop on-site and off-site public
stormwater marmgement systems to provide drainage service to the development as
follows:
1.4.1 APPLICANT shall construct public stormwater management systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswale or mechanical filter system and public drainage easement, and into
the public stormwater lines, as described in Paragraph G of the Recitals of
this Agreement.
1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the stormwater management system
described in Paragraph 1.4.1, above.
1.4.3 Grant to the City the easements necessary to access, operate, and maintain a
stormwater management system on the Property. Easements for piped
portions of the system will be a minimum of fourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement. Easement widths for open channel portions of the system shall be
determined based upon the design width of the channel plus ten feet (10') on
one side and twenty-five feet (25') on the other side to accommodate access
and maintenance by City personnel and equipment. Actual easement widths
and locations will be determined during th~ Subdivision Tentative Plan
reView.
1.4.4 Applicant shall bear the full cost and obligation to design and construct the
proposed stormwater management systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs,
and the preparation of As-built Plans.
1.4.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above stormwater management system
construction. APPLICANT is directed to Paragraph 12 of this Agreement
concerning current requirements in relation to regulations of the Bureau of
Labor and Industries (BOLl) and the payment of prevailing rate of wage.
The cost of an construction to be completed which the City interprets as
being occupied or used by a public agency shall be estimated based upon the
prevailing rate of wage, and financial security shall be adequate to provide
for the payment of said prevailing rate of wage.
1.5 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
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built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
street systems to provide interconnected transportation service to the development as
follows:
1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct
fully-improved on-site and off-site public street systems to provide for the
logical and orderly extension of the following public streets:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of Vera Street from the existing
improved street, located at the West line of the Property, through the
property to the East line of the Property and the intersection of Vera
Street with 19th Street, as described in Paragraph H of the Recitals of
this Agreement. Also, dedication of Right-of-way and construction to
provide public access to all proposed lots within the Property, as
described in Paragraph H of the Recitals of this Agreement.
1.5.1.2 Dedication of Right-of-way and construction to facilitate the
connection to and extension of 19th Street to Yolanda Avenue or to
the Hayden Bridge Stub, to provide a secondary access as described
in Paragraph H of the Recitals of this Agreement.
1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the transportation systems described in
Paragraph 1.5.1, above.
1'.5.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed transportation systems, including but not limited to associated
Right-of-way, easements, engineering costs, permit applications and fees,
legal costs, construction and inspection costs, and the preparation of As-built
plans.
1.5.4 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above transportation system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLl) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and financial security shall be adequate to provide for the payment of
said prevailing rate of wage.
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1.6 Provide and be fmancially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Subdivision
Tentative Plan and/or the Public Improvement Plans as necessary to serve the
develvp.u.lent of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of
construction shall be used. For the purposes of this Agreement, the full cost shall
include design, construction, acquisition of land and/or easements, studies, permits
from all agencies having jurisdiction, attorney's fees, and all other costs reasonably
associated with the implementation of the needed improvements.
2. ObliQ:ations ofCitv. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Boundary
Commission, or its successor, and support APPLICANT's defense of any appeal of a
decision of the Boundary Commission, or its successor, annexing the Property to the
City. However, the City will not assume any financial responsibility to provide legal
counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
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2.3
Participate in the cost of the construction of the fifteen inch (15") public sanitary
sewer in:t:he manner described in P~graph F of the Recitals of this Agreement.
3. Covenants RunninQ: With the Land. It is the intention of the parties that the covenants herein
are necessary for the annexation and development of the Property and as such shall run with
the Property and shall be binding upon the heirs, executors, assigns, administrators, and
successors of the parties hereto, and shall be construed to be a benefit to and burden upon
the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its
execution in the Lane County Deeds and Records. This Agreement may be assigned by
APPLICANT and shall benefit any assigns or successors in interest to APPLICANT.
Execution of this Agreement is a precondition to the support of the City for annexation of
the Property described in Exhibit A to the City. Accordingly, the City retains all rights for
enforcement of this Agreement.
4. LimitatioI1s I)n the Develo!Jment. No portion of the Property shall be developed prior to the
approval of a Subdivision Tentative Plan and Public Improvement Plans for the sanitary
sewer systems, stormwater management systems, and street improvements for the proposed
development.
5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
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6. Waiver of Right ofRemonstranc~. APPLICANT agrees to sign any and all waivers,
petitions, consents and all other documents necessary to obtain the public facilities and
services described herein as benefiting the Property, under any Improvement Act or
proceeding of the State of Oregon, Lane County or the City and to waive all rights to
remonstrate against these improvements. APPLICANT does not waive the right to protest
the amount or manner of spreading the assessment thereof, if the assessment appears to
APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives
any right to file a written remonstrance against these improvements. APPLICANT qoes not
waive its right to comment upon any proposed Local Improvement District (LID) or any
related matters orally or in writing.
7. Modification of Agreement. This Agreement may only be modified in writing signed by
both parties. Any modifications to this Agreement shall require the approval of the
Springfield Common Council. This Agreement shall not be modified such that the
minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a
and 8b, p.II-C-4 and as required herein are not provided in a timely manner to the Property.
8. .Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be applicable to
the use and development of this Property. Nothing herein shall be construed as City
providing or agreeing to provide approval of any builrl;ng, land use, or other development
application or Land and Drainage Alteration Program (LDAP) permit application submitted
by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all
State and/or Federal permits and any other approvals as may be required.
9. Dolan. APPLICANT knows and understands its rights under Dolan v. City ofTigard (512
U.S. 114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT, for payments, financial responsibility and reimbursements set forth in Section
1, required herein, are roughly proportional to the burden and demands placed upon the
urban facilities and services by the development and to the impacts of the development of
the Property. APPLICANT further waives any cause of action it may have pursuant to
Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the
actions described herein.
10. 13allot Measure 37. APPLICANT knows and understands any rights it may have under
Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed
November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, administrators
and successors hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11. Invaliditv. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shall not affect the enforceability or validity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the
Agreement and the rights and liabilities of the parties hereto shall be determined in
accordance with the laws of the State of Oregon.
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12. Comoliance With HB 2140. In accordance with House Bill 2140, the APPLICANT
acknowledges that 25 percent or more of the square footage of this PROJECT as completed
will be occupied or used by a public agency and that, accordingly this PROJECT is "public
works" within the meaning of ORS 297C.800(6)(a)(C).
The APPLICANT will require, as a condition of any contract for construction, that the
specifications for such contract shall contain a provision;
A. complying with the provisions ofORS 279C.830, with respect to the payment of the
prevailing rate of wage;
B. requiring that each and every contractor or subcontractor shall file such bonds as
may be required under ORS 279C.836;
C. requiring that any contractor or subcontractor <:1,::11\ comply with each and every
provision of ORS279C.800 - 870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.
If the Commissioner of the Bureau of Labor and Industries shall have, pursuant to Section
44(2) of chapter xxx of Laws, 2007, as enacted by House Bill 2140, divided the
PROJECT to separate the part that are public works from the parts of the PROJECT that
are not public works, the foregoing provisions shall apply only to that portion of the
PROJECT that the Commissioner shall have determined to be "public works".
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DAThU this /7 -day of Dec.t:""'l.k 2007.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
. /
APPLI ~ I
~,t~~ (>-1--
-- ') ; I I
Daniel Jackson
(OWNER)
Shannon Jackson
(OWNER)
STATE OF OREGON
COUNTYOF LANE
BE IT REMEMBERED that on this 17 t:::!::: day of be c. ~ '"'" 6 <: /" ,2007before me,
the undersigned, a notary public in and for said County and State, personally appeared the
within named Daniel Jackson and Shannon Jackson
whose identity was proved to me on the basis of satisfactory evidence and who executed the within
instrument and acknowledged to me that Daniel Jackson and Shannon Jackson executed the
same freely and voluntarily.
ss
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
~f>~~~
Notafy1>ubllc for Oregon
A~tL.", J- I' K, -z.. 0 I 0
My 'eommission E~ires
OFFICIAL SEAL
JEFF PROCIW
NOTARY PUBUC-OREGON
COMMISSION N.O 409159
MY COMMISSION EXPIRES AUGUST 16,2010 _
ANNEXATION AGREEMENT-Page 11 of12
Revision Date 1'JJ17 1107
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4........ent revISed 12-17-07 doc
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Gino Grimaldi, City Manager
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c:r- i,,' _ 'J,-'~,ITY ATTORNEY
STATE OF OREGON
COUNTY OF LANE
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BE IT REMEMBERED that OD thl ~ J q t:!' dav of De.c..ent.,b er ,
2001 before me, the undersigned, a notary public in and for said County and State, personally
appeared the within named Gino Grimaldi whose identity was proved to me on the basis of
satisfactory evidence and who by me duly sworn, did say that he is the City Manager of the within
named municipal corporation and does acknowledge said instrument to be the free act and deed of
said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said
municipal corporation, and that said instrument was signed and sealed in 1;>ehalf of said municipal
corporation by authority of its Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
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-~. OFFICIAL SEAL :
~ AMY LSQWA
NOTARY PUBLIC - OREGON ,
'. ' COMMISSION NO. 397942
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MY COMMISSION ExPIRES
ANNEXATION AGREEMENT - Page 12 of 12
Revision Date 1'JJ17//07
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Ae,...,,~ent revised 12-17-07 doc
EXHIBIT A
February 12,2007
Branch No. 06-203
LEGAL DESCRIPTION
FOR
ANNEXATION PURPOSES
LANDS OF DANIEL L. AND SHANNON L. JACKSON
(pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000)
~llUATED in unincorporated area in Lane County, State of Oregon in the Southwest 1/4 of Section
24, Township 17 South, Range 3 West of the Willamette Meridian and descnbed as follows:
BEING a portion of the lands that were conveyed to Daniel L. and Shannon Batty in that certain
Special Warranty Deed that was recorded May 16, 1990 in Reel 1632R at Reception Number
9022540 in the Official Records of Lane County, State of Oregon, said portion being more
particularly descnbed as follows:
Commencing at a point 17.42 chains north ofa point where the East line of the William C. Spencer
Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section
24 and Section 25, T ownsbip 17 South, Range 3 W est-of the Willamette Meridian; thence North 89.
42' 33" West 3-93.00 feet and North. 00'. 06' 16" West 225.00 feet to the southwest comer of said
lands that were conveyed in the above deed, which point lies on the existing city limits line of the
City of Springfield and is the TRUE POINT OF BEGINNING of the lands being descnbed herein,
T~NCE leaving said l.KUE POINT OF BEGINNING and along said city limits line and west
line of said l8.I;1ds that were conveyed in said deed, NOR 1H 00. 06' 16" WEST 900 ..t'.tJ:; 1, more or
less, to an angle point in the Urban GmwthBoundary of the City ofSpringfield;l.tI.ENCE, leaving
said city limits line and said west line of said lands that were conveyed in said deed, NORTH 63.
35' EAST 435 ..t'bl::H, more or less, along said Urban Growth Boundary to an angle point in said
boundary that lies on the east line of said lands that were conveyed in said deed; T.tl..ENCE, leaving
said Urban Growth Boundary and along said east line of said lands that were conveyed in said deed,
SOUTH 00" 06' 24" EAST 1100 l'lil:H, more or less, to the southeast comer of said lands that were
conveyed in the said deed; AND T.tl..ENCE, along the south line of said lands that were conveyed
in the said deed NORTH 89" 42' 33" WEST 393.00 r jj~T RETURNING to the TRUE POINT OF
BEGINNING and CONTAINING 9.0 ACRES, more or less.
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/ REGISTERED "\.
PROFESSIONAL
LAtJD SURVE'{OR
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OREOON
JULY 20,1993
REXA. BETZ
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