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Home My WebLink AboutPermit Building 1989-01-06corlB I -27 - ,ooOwne r AP o/) llork n'a n T er lleater Fl; o T dMt 'P 17oN /Y'tE- ,Ut A IVa of o 7?6-3753 9q. Ftg. Access.-_-JobAddress 1.-531 4, 5 l-egal Description A ..e., Build SingleitnDes t: (r IAdrrress'L3gs ct-r,qNUuE ?tu"tft/a4 9/ Fl cn Construction Lender /V Ot.t E oa --$ \up al, $-. 7l'honcAddress PXOI res ohone no.addressDESIGN TEAt4 n anre Pri ma r S t ruc tu ra'l E l ectri ca I Hechanical I PI ln l'lecha MECHANICALEL ECTR I CALPLUtlBI NG NNFFFCHARGFNNFEECIIARGEN0.furnace/burner to BTtl' s Residence of FTsQ2taEach single fixturet/b tr,Z Dsty 2,?^ Floor furnace and vent,at'New circuits alts. or extensions2 4Z /?Dn€ R-elocated bul ldin6 (new fix. additional ) Recessed wall Snarp hpatpr and ventSERVICESS. F. Res i dence ( l bath) Duplex (l bath) each Apol iance vent cpDa ra tETemporary ConstructionAddi tional bath Stationary evap. coo l ere 'i n exi sti ng ence C hang resid Vent fan with sinole ductmul ti f ami ly, conm' or IndustrialSewer 52.e Vent systerJ rt fromor -./az-amos.Storm Sewer lca ustex cor.lr.r./lND. FEEDERS7* l'lood stove/heaterI nstal 1 /a I ter/re'l ocate di s,t-ri b. f eeders?-s>/*,//rtssraf/raZ0famp s. It"\Ilq,rl " b4 , uq ,l,r{ , ISSUANCT 0F pFRiltT A5 fo ,|th s tec'I ctri Ia rt onIIr1caraContctorhete perminedonIecItpoaIrltacvlo rkI bethahetec Bu I1 'Id Di sVI 0nIandtoreturnedn9theI by ri ca I sorSupe rvectEI'Is anbeaha1beenbysI TOTAL CHARGES TOTAL CHARGES TOTAL CHARGES IRES t the lliIIERE STATE LTt.I R shall not be valil un EQUtil S IGilAI'lAtlE(please print)OATEft s true he Ci ty be made der' s nd thatf exempt .055 vril t on hereonathtndoherecertandtctaforonb.vpe5etedaAtlDINItp!-)colnp ofncna tesanrda n wlce ith 0rd iheshabedoneccat^ror perk of'rnredhattandtandrtucherertanyrrecndcoafy ct!PAl{COC wlYnantdthaNCthekw0rrdescbedhereflonrantonqthcfstetaof0reoeeanddLatheowsrfifoSon9thl/, I ButhetstraonfurctherrtthadivlDisontyreg im.ys5ofntheBuurewltt hou t he n(loat rucs t perminy he reon aonn0stedba5forsethexempttht0557010Rsredaub.ytecf5andrcefofunsrdBoareq onused ectSt,be roJp700nsnnceathwtarerrhotracsubconrstoeripandcomc0noyee sv Occy Load lue 1ue 14a-n Va t-a-8 TOTAL VALUATI !q. l'tg 0therFlood Plain-Stories Acce t'la iTyoel Cons t. Fi re Zone---__---Bedrooms.- Iccy croup ftf- sq. Ftg _f : -__lJni ts.=.---'---._-__-Sq. FtqZone (AR opment /l/-zn _Svstems Deve. charqe (t.sr52,33 tZqKan Ck I Plan Ck. Res 30%/Bldq Per Jeq_ Charges anC Su rc ha rge s --@*rr-o--BUILDING PERI'lIT d7 Fence D6mo Charges and Surcha rge s q ffif PLU},IBING PERMIT Sidewal k Tota'l Cornb. Permi tCharges and Surcha rge s __?5-??-- "{ ELTCTRICAL PERtlIT A/C Paving Curb Cut /%.?eTOTALCharges and Surc ha rges 4>__/-7f HECHANICAL PERMIT )e Work(I GaraoP FFF l,later service 1fi727p r)z?E|r. D-rFr *:z,s 6r,1.lR1do Ppr Fpp COMBINATION APPLICATION/PERI'IIT (CAP) i. Applicant to furnishA. Job AddressB. Legal Descriptionl. example- Tax Lot 100, Lane County I I7lT,f32. example- Lot l. Block 3, 2nd Addit SFiingTieto EstatesC, Name, etc. of owner and construction IrD. Energy Sources]. example- heat/electrical cei l ing/o'2. eiample- waterhCater/electrical/orE, Square footage or valuation, etc. Map Refcrence ion to ender r forcellqir gas sol ar l. ,' gxaIP]-e-_ 1250 sq. foot house, iQq sq. foot garage 2. gM1g!!- if new proiect, check new - if addition,' check add, etc.F. Biiilding permit information:1. example - construct single fanriiy house with an attached garage 2. example - remodel existing garage into farrtily roonl 3. eiamplE - convert single fanrily residence into restaurant (change of use)G. Value of work as defined in Section 303 (a) of the Structural Special ty CodeH. DESIGN TEAM AND CONTRACTORS To avoid design or construction delays, Building Division Staff must be ab le to contact appropriate persons regarding design infornration or job siLe corrections, etc, IL Abbreviated Plunrbing, Mechanical, E Electrical Schedules A. Except where blank spaces occur in t.he description portion of the Mechanical and Electrical Schedules, the appiicant need fill-in only the No. Boxes adjacent to the appropriate item(s) to be installedB. Full Plumbing, I'lechanical, and Electrical Schedules are available at the Building Division 1. To conserve space 0n the permit fornr the schedules have been abbreviated2. If the item(s) to be installed are not covered on the abbreviated schedules you should consult the fu l I schedules C. BUILDING DIVISION STAFF l.llLL FILL OUT ALL FEES AND CHARGES ON THE SCHEDULISD. As noted on the CAP, the labe'l must be delivered to the electrical contractor for signature by his electrical supervisor. The general contractor is not authorized to sign the electrical label.III. Applicant to sign and date Hhenever possible, the initjai appiication will be used as a worksheet only. Where possible, Building Division Staffwill prepare a type written copy and return it to the applicant at the time the actual permit is issued for his s i gna ture.IV. Fees and Charges Pian check fees are due and payable at the time of the application, and no plans will be processed until these fees are paid. Al l other fees and charges are due and payable when the pernrit is issued. V. FOR OFFICE USE ONLY PERMIT VALI DATION j 6t? 77 C 0 t Permit Clerk CU PROJECT CONDITIONS TO BE SATISFIED BEFORE OCCUPAI{CY: Permit applicant exempt from registration wjth the Builder's Board because: Additional Project Information : PLANS REVIEWED BY: name S'I gnatu re da te 111, ILIr Iilfi tr l:U I$ I0N ;(tlt{+ |i90006 E ]NAI, -UAI.UE- I 0000 ./ 89031:3 - Atrt'nESS- ?537 N sTH ST BIi5f,R: RE$-Tfi t|AY {:ARE URTIAN 6AOU'TH BOUNT'ARY -0tlNEE- r0l't i,tARx 741-?9?9 3385 CLEABVUE stlE[,n, 0n 97477 - INEO* ftl:lPA IR t:ill.tl,iEkfi IAL 5300 BLf,{:}{ I 703t35 403*00 E?0113 -ENENfiY- .$TAT$- HErlT 1- i- BLBfi Z0NE LtrR Ht0- 3 $TtlR ir:$ rL00nPLA IN ftANfiE* FHt'Rl'l 0C[ fiRp 13 UN J::T!;. SQ EEHT f,ON5T TYPE:iN _ilONTRACTI]RS* GENI.,* CONTRAITOH PHI]NE* PI"HB- ELECT-TI ]NNS HLTiC I'tECH* IrH $GN * -LEfiAL- LST REPT IAT +S;:7 $IiQ*REnU IfiEIr PERI't ITS--*---EEE**-SUR(]HARGE-nATE-REEE IPT---PEn]4IT*------UALUE--- 001..001*f'LAN CHECti fHE Ot)?-t}OX.FU ILN INfi PER}.I IT 003-005-Pt,ui"tB ING CI04-OO4-ELEf,TR ICAL OO5*OO6_HECHAN ICAL E:n aa 80.50 1r"00 75.00 15.00 0.00 4"03 0, 75 .a aEJ../J 0.75 880 1 06 fi901I3 fi901 13 89rl I 13 I901 13 I t9fiS 13017 13017 130r7 13017 I0roo 0 0 0 0 0 Slirl*i-iIN IHUH INSPEf,T ION$ + HEIQU IftEHENTS ---.--EXP TIATE-*-ACT NATE- E!'03 L 3 sHQ-- Ii'l$PErI I0NS-*-----f,0HHENTS- -*-**t'A:IE---*RE{lULT-* IHSP--" 001-006-rF:At't ING 00?-0 1 1 -t'kYtlALL 003*0lx-r InEUALL 004*0t9-r INAI. PLUHT{ INli OO$.039-T IHAL I'tETHAN IIAi, O$6-049-T INAI. ELECTE II]AL OO7.O64-F INAL F IEE IIEPIf *08-OI9-T INAL BU ILT' ING tlO1-044-ELECTRlC SERU ICg BIHNS 0$?-01?*E IREI,IALL 003-006*rHAil INlS O04-031-RNUEH HECHANICAL OOs-O43.RNUGH ELECTRIC 0O6-049-T INAL ELECTR ICAL 007-(r49-f Ii',lAL ELECT& ICAL OOB*039*T INAL }.IECHAN ICAL 009-039*tj INAL PLUl.lB It'l6 OlO*019-F INAL BU ILNING 01 1_019_E INAL BU ILI, IN6 *90119 s90 I x5 $r01?s 89013r tl90 t 31 s!0131 890? I 3 890':14 rl90:I14 890? I 5 8903 1 3 890 I ?5 fi903 I 4 s90.: l.4 s90'J r 3 tir.{ 35 0H ?5Pot( ;I5 IHC :8 0H 35NR 35 0H 35 sH ?80H ?8rnc ?5 0l( 35 EL,Ef,T. *1516C *&aslj'-.- I NSPE726-3 LINE COMB I AP I CAT RMIT EIIERGY S()URCES: Hea t llater Heater Fl i- Ran -3 Ct Job Address L.., 31 N " 7tA A a Lesa1 Description l17tAP i) _OJ-27 -g*I lr {) ) Ftg. l4ain'z LdO !q. Ftg. Access.-=._-_--- Sq. Fto. 0ther_ ___l,lew Add AlTEi-n-iep:- _Fence_Demo-r#a n ge/ U se -other------- a I o &)O, o<c of tlork Owner -T arq -P $ox NtE A 14A Fanri I i den unIl^lo rko: Descri ng eAddress )-3g s 1LEAN uuE vnonelfl-u71 9/ Fl ut Construction Lender /{ O^t E oa --$ \SI, AL s-\ Addre s s l)honc pxoi res )(ohone no.address lics. noDES I GN TEAI4 name Pri ma ry Structura I El ectni cal Mechani cal Dhone no -address (lics. no. ) (expires)\CTORS name Pl umbi nq l'lechanical MEC I]AN I CALE LECTR I CALPLUIIB] NG FFF IHARGFFFFCHA RGF NOFFFC HARGE NNNO furnace/burner to BTLI' s2f,a Residence of rTSQEach single fixture lrlb trz Dp*ty 2-<D Fl oor furnace and vent New c i rcui ts al ts. or extensions2 A< /'/Dna R6located buildinq (new fix. additional ) Recessed wa'l I Soace heater and ventSERV I CESS.F. Residence(l bath) Duplex (l bath) each Apol iance vent seoa rateTemporary Construct j onAdditional bath Stati onary evap cool er e in exi sting cncF Chang rccid[.later servi ce Vent fan with sinole duct multifami ly, comm Industrial orSewer 52.e apart from t" Vent system heatinq or A0f /aaStorm Sewer Mechani cal exhaust hood and ductCOMI'I./IND. FEEDERS7*l/ar* 2z?rv ' trlood stove/heater?-*Instal I /a I ter/rel ocate distrib. feedersD.rGrfus /*,/,hsszrZtaz0f ISSUANCF OF PFRI'1IT TOTAL CHARGES /g*TOTAL CHARGES 7u.*TOTAL CHARGES WHERE ST shall not be val i'l unt.i I the l abel has been s igned by an El ec bytri an Electrical Contractor, the electrica'l portion of this permit ca1 Supervisor and returned to the Building DivisionATE Lll,J REQUIRES that the Electrical work be do ne )/S I GIIATUt'lAl'lE (pl ease pr j nt )M ft oermi t rfo rmed any rd xemp 5 r.riORS n t uertcerhattnrmaofhereoonandoclhecatfonrre b.v fyhetctedeEULLCARE FHAV omp app cheoftncdaetthehrd0nancesn tyhascoraconedbekrarthe rfu ertc hat t nda a l^rO pendarrec0tcanyndf-v mad enndathNCtCCI.]PAIICY0 wl benttoherkWOdrcbehere i adfdndLdofwsStheteta0reofDe rtaofSeathe nqqonr1Dng r Ssl,/lon tth Buhe de0nrtrheticerthattrafurmr5ntheofBudnDm.y regsructretuthwlt0uhetgfyofpe nots heed reon and hat tftbaforontitheffaUred7ORS0505thateexempsnUffrcoaeectsndBoreqb.y t.sedu n ec tbe050nncaw'le ht 7bcsuraontrsctondaowhoesrea projerir)ye comDonv Ftg Ftg Fts Access x Val ue otnu" VWZt---va 1 ue /4a-4Fire Zone FIood Plain Stori es Bed ro oms ccy Load TOTAL VALUATI ON ,4,. unitsZone L?R _ Tyoe/Const 1Q- sq t-a-w l'la i n Val ue opment52,33 tzqrc Svstems Deve charqe ( 1.5% Plan Ck. Comm/lnd 65%/B1dq Per Fee Plan Ck. Res 30%/B1dq Per Fee BUILDING PERI'lIT Charges anC Su rc ha rge s @_5_q_a7 Fen ce Demo PLUMBING PERMIT Charges and Surc ha rge s @f Sidewal k Tota'l Comb. Permi t ELECTRICAL PERIlIT Charges and Surcha rges dr'> A/C Pavi ng Curb Cut /%2eTOTAL },IECHANICAL PERMIT Charges and Surc ha rge s * __/_ II I s I 'II I COMBINATION APPLICATION/PERMIT (CAP)PERMIT VALI DATION Appl icant to furnish A. Job AddressB. Legal Description 1. example- Tax Lot 100, Lane County Map Reference 17 03 43 ?. example- Lot 1. Block 3, 2nd Addition to Springfie)d Estates C, Name, etc. of owner and construction lenderD, Energy Sources 1 . examp l e- heat,/el ectri ca I cei I i ngl2, examplg- r^raterheater/electricaI/o. Square footage or valuation, etc. or forced air gas E r sol ar 1. examp'le- 1250 sq. foot house, 500 sq. foot garage 2. example- jf new project, check new - if addition, check add, etc.F. Building permit information:1. example - construct single family house with an attached garage 2, example - remodel existing garage into family room3. example - convert single family residence into restaurant (change of use)G. Value of work as defined in Section 303 (a) of the Structural Specialty CodeH. DESIGN TEAI'I AND CONTRACTORS To avoid design or construction delays, Bui lding Division Staff must be able to contact appropriate persons regarding design information or job site corrections, etc.6(?IL Abbreviated Plunrbing, MechanA. Except where blank spaceportion of the Mechanica the app l i cant need fi l l - 'ical, & Electrical Schedules rs occur in the description I and Electrical Schedules,in only the No. Boxes adjacents) to be installed 1, and E)ectrical Schedules I l. j a\?to theB. FulI Pl appropriate item( umbing, Mechanica (7 are avai lable at the Building Division1. To conserve space on the permit form the schedules have been abbreviated2. If the item(s) to be installed are not covered on the abbreviated schedules you should consult the ful I schedul esC. BUILDING DIVISION STAFF l^IILL FILL OUT ALL FEES AND CHARGES ON THE SCHEDULES0. As noted on the CAP, the label must be delivered to theelectrical contractor for signature by his electricalsupervisor. The general contractor is not authorized III to sign the electrical label Appl icant to sign and date IV. l,ihenever possibie, the initial appl ication wi I I be used asa worksheet only. Where possible, Building Division Staffwili prepare a type written copy and return it to theapplicant at the time the actual permit is issued for hissignature. Fees and Charges Plan check fees are due and payable at the time of theapplication, and no plans will be processed until thesefees are paid. All other fees and charges are due andpayable when the permit is issued. FOR OFFICE USE ONLY Permi t Cl erk PROJECT CONDITIONS TO BE SATISFIED BEFORE OCCUPAI'ICY: Permit appl icant exempt from registration with the Builder's Board because: Additional Project Information : PLANS REVIEWED BY: name si g nature date ,/'/? add 2537 North 5th Street NOTICE OF AGREEMENT N0TICE IS GIVEN THAT Tom l,larx and Bonnie Marx , herei nafter refenred to as "Petitioner(s)", and the City of Sprrngfield, a municipal corporation f the State of 0regon, henei nafterreferred to as "Ci ty", on the t{19into an agreement governing an annexation day of to the tyo rea p ro pe rty ve opme t Rg entered i denti fi ed as )/"/.7 Date Tax Lot 17032334 - Assessor's Map 03000 , a legal description of wh'ichis attached as Exhrbit rAI and incorporated by reference herein. The use and development of the above property is governed by the terms andconditions of the agreement signed by the parties. The agreement 'is fi led 'in the central files of the C'ity, to which reference is hereby made for all matters and things therein contained. This Agreement is binding on the Pet'itioner(s)'heirs, assigns and successors 'in interest in the property. IN day of By er STATE OF OREGON County of Lane /- rl- 87'Tate- I,IITNESS WHERE0F, the parties hereto have set their hand and seal this, le_gL. r By te the said coun ty anFstate, and before me, the undersigned,ly appeared the-within named known to me to be the the n D By ss. t)n thi s ala notary puiLTi?-lli day of . hnto-rq , 1e_95_-, persona I -ff6rn---identical vo'luntari l fYlnrvir;aill iluais v. descni bed herer n and executed the same freely and WHERE0F, I have hereunto set my hand and seal the day and year lastiN TESTIMONY above written. My Commission Expire cf -wr-Af 4 ) ld1 PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION To: City of Spningfield, Lane County, Oregon. The Petitioner, Tom and Bonnie Marxpetitions, consents,and represents as folIows: 2.I rrevocabl e Pet'i t i on and Consent to Conti guous Annexati on:ThePetitioner(s) tion ofthe Property to the City of Springfield pursuant to oRS ?-22.170. Petitioner(s)petitions, consents and agrees that the City Council in its sole discretion, now or'at any t'ime heneafter, ffidy adopt a resolution initiat'ing contiguous annexation under }RS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the Propenty to the City. The Petitioner(s) consents to including in such proceeding anyother property the City Council may d'inect or which the owner(s) have pet'itioned and consented to the annexation. t 1. Real Property: The undensi gned Pet'it'ioner(s) owns real property located outsi de thE-TT[-TffiiTs, but I ocated wi thi n the adopted Urban Growth Boundary depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred toas the Property and more particularly described in Exhibit "A", attached hereto and made a part hereof. Petitionen(s) understands, consents, and agrees that this Consent may be used by the City to meet the requirements of ORS 199.490 and ORS 1e9.490 (3)(b) & (c). tPet 1 (1)(b) on and & (c) Petitroner(s) also irrevocably authorizes the City to present th'is Petition and Consent to the Lane County Local Government Boundary Commission to in'itiate any minor boundary change under ORS 199.490 (1) as an interim measune to provide service to the Property prior to its annexat'ion to the City. In consideration for this Petition and Consent Agreement, the City agreesthat the Pet'itioner(s) Property may receive municipal services from the City and Petitioner(s) may undertake the deve.lopment of the Property in accordance with the Springf ield Development Code and other app.licable City p1ans, policies and standards and with the requirements of Lane County. 3. Binding on Successors: Petitioner(s) agree that Petitionen(s) andPetitionerinintereSt.inthePropertyshallbeboundbythisPetition for Annexation and Consent to Annexation wh'ich shall run with the Property, and that notice of th'is document will be recorded by the City in the deeds and records for Lane County. A copy of the notice has been executed by the Petitioner(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, 6-F-int6nsification of use of the Property. The City will grant approval of the use if it is 'in complrance w'ith the Spningfield Development Code and other applicable plans, policies, and standards as interpreted by the City. I 5. Cost of Senv'ice in the Event Annexation Denied: If an administr"ati ve agency or court of competent jurisdict'ion determ'ines 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 netain all cons'iderat'ion theretofore paid to the City for serving the Property and may collect'in add'ition thereto whatever additional considerations are due the City for' services the City has prov'ided prion to the determination that the Pnoperty may not be annexed to the City or the City may not provi de servi ces to i t. 6. No Limitat'ion on Fi rst Amendment Rights: Althou Annexat i on and Consent to Annexation 'is Ornding upon Petit'ionerfor the purposes for which Petitioner(s) has agreed, noth'ing herein shall be construed as l'imiting or inf ring'ing upon Petitioner(s)' r'ight to speak out, comment upon, or present arguments regard'ing the advisabi lity of proceed'ing with the annexat'ion proceeding. It is specifically understood by Petit'ioner(s) tnat in executing this Agreement, a s'ituation may arise wherein Petitioner(s) may be opposeclto the annexation and would have all rights under the First Amendment to articulatethat opposition but the Petition and Consent of Petitioner(s) as contained here'inwil.l be used for the purposes herein described by City in orden to achieve and demonstrate,compliance with 0RS 199.490. 7. Prov'ision of Services:In executing th'is Petition and Consent it is speci fi ca1 iyunde@nnexationshal]becontingent.initsapplicationto any particular annexat'ion request upon the annexing City, within a.logical and reasonable time, to provide key urban facilities and services, including, whereapplicable, sanitany sewers, solid waste management, water senvtce, fire protection,police protection, parks and recreation programs, electrical service, land usecontrols, communicat'ion facilities, public schoo'ls on a district-wicle basis (in other words, not necessarily within walking distance of all students served), paved streetswith adequate provi s'ion f or storm water run-of f and pedestr''ian travel . gh this Petition for(s), and may be used 8. Application: The C'ity shall not levy assessments, taxes or fees againstconseiEii!-Tffiowner not app li ed to propert'ies of simi lar character thnoughoutrest of the c'ity. the the DATED this +day of te_ffi_- onen Tom Ma t oner Bonnie Marx ACCEPTANCE BY CITY: The City of Springfield hereby accepts Petitioner(s) Petition for Annexat'ion and Consent to Annexation and by this acceptance acknowledges th'is as an Agreement meeting the requirements of Lane County Code 10.183-through -55. an n opment rector FTNALtrLOT Plary {o"-rorYl \''=o*nl, * AAA R/ /\^AP t7-03-23.54 ^ddTL 3ooo 4*r 759t U 9?. re ' r", ?o' Nov. l, llgE o- o o a o il 3ua !. t- vl Et! f,r tF N t I rl.l3, rYrtP( vEr.n e^r r E D(r t IlAYD E^l BCr sQ F l"-rA.,l Asbt TToNAL ExAp4;yEr= pruq-,<rr1/r I _. Af Tu,l_ _.-pErr-l/" rr1i*5 Fr-r, 1p CEA{f lat{_ lrl5r<\ r: S r r_; r_:,F-- l_i A\ r;-i,{ EiLr ,:,r_ a V.,;. ., oy uuo G.rq I \,( { I ?{AY Ace* wtLt( yAeD I qresext @' L- 7' AEB)R. VITAF. o 0.c! \n s6 ?l o .t' I , t"' ,.1 SttouB tseD x I,,[ 2 1 e,\4a4YE€ _J. t-t- x- PAD PAEr(rN /.' - -t o o o-ob swo" * NofE 5l I .t LOC .\i E- C- Or.{ rr+i l?.') si:,:'a-' CA-_C I I 1i - .lo",lo SITE PLAN REVIEI,| DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entere<t into this {day of .\.sndarq , 1988 (irre 'Effeciir. -Dii.n) 6v -uno between the CITftF SPRINGFIEffi-h'dffiTfrEfter "City", and B0NNIE MARX hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), an0 3.100(3 ) . REC ITALS o 1983,' the City apr the purpose of a Type I approval allowing the expansion of a Day Care Group Home to a Day Care Center. The property is locateo at ?537 North 5th Street. Journal Number 88-07-123. p r . ^ Il5lillr., .l',Ilfi , rL*i'{,3'^*Fnt**+;proved the Final Site I I owi ng: the issuance of a Builoing pecifieo in the Springfielo WHEREAS, in consideration for Site Plan approval,Permit, and the issuance of an 0ccupancy Permit, as s Development Cooe Section 31.090, Applicant agrees to complthe Springfielo Development Cooe and Springfielo Mun with al 1 the standardscipal Cooe which may v I of be applicable to this oevelopment project,, incluoing but not limiteo to, the following An Occupancy Inspection shall be requestect of the Buil<ting Safety Division and compliance with all conoitions of the Occupancy Inspection. WHEREAS, in consicleration for Site Plan approval, the issuance of aBuilding Permit, and the issuance of an 0ccupancy Permit, as specifie0 in theSpringfielo Development Cooe Section 31.090, Applicant agrees to comply with the following specific con0itions imposeo by the City as part of the Site Plan approval: 1. A written statement from the Lane County Sanitarian stating that the existingseptic system is sufficient for the amount of chiloren to be cared for has been submi tted. 2 3. 4 A signeo annexation agreement has been submitted and recorded at Lane County by the appl icant. A signeo Improvement Agreement for North 5th Street and Hayden Brioge l,lay have been signed and recorded at Lane County by the applicant. A copy of an agreement with Springfiel<l Faith Center and the App'licant has been submitteo allowing the requirect parking to occur on the Faith Center's property. A copy of a letter from Chiloren's Services Division stating that the play area and t.he facility have been approve<l by their office. Site Plan Development Agreement 1 5. Noltl THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfielo Development Cooe. 2. STANDARDS. The applicant agrees to fulfill all applicable standardsspecifie0 in the Springfielo Development Cocte ano the specific stanoaros listeo in RECITALS prior to occupancy, unless certain standards have been deferred to a later clate in accordance with Section 31.110 of the Springfielct Development Cooe. 3. C0NDITI0NS. The Applicant agrees to fulfill all specific conoitions ofapproval require<l by the city listeo in RECITALS prior to occupancy, unless certainconditions have been oeferre<t to a later date in accordance with Section 31.110 of the Springfielct Development Cooe. 4. M0DIFICATI0NS. The applicant agrees not to modify the approveo Final Site P.lan without first notifying the City. Mooifications to the Final Site Plan shall be reviewect in accordance with Section 31.100 of the Springfiel<t Development Cooe. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The builoing and site shall be maintaine<t in accordance with theprovisions of the Springfielo Development Cooe in order to continue the use. (b) It shall be the continuing obligation of the property owner tomaintain the planting required by Section 31.140 of the Springfielo Development Cooein an attractive manner free of weeds and other invaoing vegetation. In aooition,plantings in the vision clearance area shall be trinrned to meet the 2 L/? foot height standard in accordance with Section 32.070 of the Springfielct Development Cooe. (c) Parking lots sha.ll be maintained by the property owner or tenant in acondition free of litter or dust, and deteriorateo paiement conditions shall be improvecl to maintain conformarice with these standards. (0) Undeveloped lano within the development area shall be maintained freeof trash and stored materials in a mowed and attractive manner. Undevelopeo lanoshall not be used for parking. 6. In a<tctition to all other remedies which may be provided by law or equity(including. but not limitert to penalties provioeo by appiicaule s*te law or'cit!ordinances) fpplicant. agrees that City may enforce Applicant's responsibilities bywithholoing Applicantrs Final 0ccupancy Permit, and'terminating any Temporary Occupancy Permit which may have been grantect. Site Plan Development Agreement 2 7. Any Final Site Plan approved becomes null ano voio if construction does not cormence within one year of the date of this Agreement. IN I,IITNESS }JHERE0F, the Applicant, and the City have executed this Agreement as of the 0ate first hereinabove written. APPLICANT ls,n \ t\81 D-tE BY: BY: STATE 0F 0REG0N, Coun of 1 ty 198 v ppea red the above namedrsona r un ry , who acknowledged the foregoing instrument to re me: Ao;,ri-.&L Not6=ry Public for o(e'E]n C ITY BY: , County of /-we I @e who acknowleogeo d the above named the foregoing instrument to t/vt7s^ llate STATE OF OREGON rvo tre me: My Commission expi res 3. +-qZ Site Plan Development Agreement 3 My Commission expires (*QOAa NOTICE OF AGREEMENT N0TICE IS GIVEN THAT Tom Marx 2537 North 5th Street and Bonnie lvlarx herei nafter referred to as t one r s the o p n9 ,amun pal corporati on f the State of 0regon, hereinecreferred to as "Ci ty", on the t{day of Iinto an agreement governing an annExation to the ty rea propertyTax Lot L7032334 - hed as Exhibit " Assessor's Map 03000 a legal descniption of 'i , and after tered ed as whi ch 9_$s_, en i denti fi is attac AU and incorporated by refe rence herei n. The use and development of the above property is governed by the terms and @ndi t'ions of the agreement s'i gned by the parti es . The agreement is f i I ed i n thecentral files of the City, to wh'ich reference is hereby made for al'l matters andthings therein contained. This Agreement is b'ind'ing on the Petitioner(s)'heirs, assigns and successors in interest in the property. IN . lilITNESS WHEREOF, day of .\AntEru ,1 esn_. the parties hereto have set their hand and seal this By: STATE OF OREGON County of Lane ) 0nta notary \nnn /- q- sr By Date t7 )Lb1Dater T ss. D c By r e hi s .l day ofpubTifri' the sai , 19_85_, before me, the undersigned,personally appeared the -within named -CIAsrv- countv an tlnnn,fY\o..v known to me to be the the s a e, and e i clent i caT -iToivituaTS--oe scri bed herei n and' who executed the same freely and vo'luntari ly. IN TESTIM0NY WHERE0F, I nave hereunto set my hand and seal the day and year last above written My Commission Expire + -<^-A? IN CONSIDERATION of the hereinafter referred to as City, and Tom and Bonnie Marx hereinafter referred tO as Applicant, do covenant and agree as follovs: VHEREAS Applicant desires Development Approval from City; and IHPROVBHENT AGREBHE}IT covenants herein recited, the City of Springfield, development vithin City or its Urban Growth Boundary viII and llng-term demand on the various public facilities ofIIHEREAS, any future both an immediatecause Ct ty; NOW THEREFORE, Applicant anrl City agree to the folloving schedule of public facility improvements "nd resp"ctive cost assumption policy: STREET IMPROVEI'IENTS along the frontage of to include: [.f surface paving; ['{stor* severs; 1g-gutt"r"; i'ilptanter strlps; [,i/street trees; san tary severs;cur [/street lights;s idevalks. IT IS FURTIIER INDERST00D that Applicant agrees to sign any and all vaivers, petitions, consents and arr other dotuments necessary to obtain the above listed improvements und". any improvement act or proceeding of the State of oregon' Lane Coiint,r oE City-as ,.y U" proposed or adopted and to vaive aII rtght to remonstrate against such i;p;;r;;nis,'.Uui not the right to protest the amount or manner of spreading the u"""."r"nt thereof, if the same shall appear to Applicant to bear inequitably or unfairly upon said property of Applicant; NOII TIIEREF0RE, City agrees that Applicant's execution and performance of the terms of ttris -egi".r"ni ,Irr be deemli to be ln compriance vith city's policy pertaining to improvemen_t requirements,_and if Applicant complies in every respect vith all other lppticaute lavs of the state of oiegon, Lane county, and city, the said Applicant shali'be entitled to Development Approval; and IN ADDITION, it is the intention of the parties hereto that the covenants herein contained shalr' ,un vrth ttre iana herein described, and sharl be bindrng upon the heirs, executors, assigns, ad,nirri"it"tots, and successors of the parties hereto' and sha* be construed to be. u"nliii ana a'burden upon the property herern described' This Agreemenr;;ii be recorded in the Lane County Deed Records. LEGAL DESCRIPTI0N: (Place here or see Attachment A) Lot I, Block 6, ROYAL DALLE, &S platted and recorded in Volume 29, Page 21., Lane County Oregon Plat ReCords, in Lane county, Oregon. ADDITIONAL INFORMATION:17032334 00300 As sessor' s Hap*Tax Lo t * 2537 No t-h 5 St n f perty ss lIHEREFORE the parties have set their hand and seal this ( day of 1e R9 CITY OF SPRINGFIELD 225 Fifth Street Springfield, 0regon 97477 By Direct o b STATE OF OTI.EGON COUNTY OF LANE 0n bef By Ap By cancor ) ) ) ss this 4 dav or IOW re ,;ne l-nE-Cisned the abdve document 't. My Commission ExPires: # 148 4 -%-A? 19-8q' there PersonallY aPPeared , IITIEREAS, cause both Ci ty; any future an immediate IN CONSIDERATION of the cove hereinafter referred to as City, and hereinafter referred to as Applicant' IHPROVEHENT AGREEI{EIIT nants herein recited, the City of Springfield, Tom and Bonnie ljlarx , do covenant and agree as foI Iovs: North 5th treet san tary severs;cu [/street lights;s idevalks. By App VHEREAS Applicant desires Development Approval from city; and rlevelopment vit[in City or its Urban Grovth Boundary will and long-term demand on the varlous public facilities of NOV THEREFORE, Applicarrt and City agree to the folloving schedule of public facility improvements and respective cost assumption policy: STREET IMPR0VEMENTS along the frontage of to include: [/surface pavlng; ['(storm severs; t*-gu,ters; i'ilplanter !trips; [,fstreet trees; IT rs FuRTHER uNDERsTooD that Applicant agrees to sign any and all vaivers, petitions, conseRts and all other dotuments necessary to obtain the above listed improvements under any improvement act or proceedlng of the state of 0regon, Lane io"ri,r or City as ,"y U. proposed or adopted and to vaive aII right to remonstrate against such iirpro""rlrnts,'. but not the right to protest the amount or manner of spreading the ."""""r"nt thereof, lf th9 same shall appear to Applicant to bear inequit"Uty or unfairly upon said property of Applicant; NOII THEREFORE, City agrees that Applicant's execution and performance of the terms of ttris -lgr."*"ni ,Irr be deemid to be in compriance vith city's poricy pertaining to improvement requirements, _and if Applicant complies in every respect vith all ott,.r-"'lppticaute lavs of the state of biegon, Lane county, and City, the said Applicant shali'be entitled to Development Approval; and IN ADDITIoN, it is the intention of the parties hereto that the covenants herein contarned sharr' ,rn vith th; i;;d herein iescribed, and sharr be binding upon the heirs, executors, assigns, ua*ir,i"irators, and successors of the partieS hereto' and sharr be construed to be " u"n"iii-a"a a'burden upon the property herein described' This Agreement;;;ii u" re"oraed in the Lane county Deed Records. TRAFFIC SIGNALS at the intersection of OTHER IHPROVEUENTS: LEGAL DESCRIPTIoN: (Place here or see Attachment A) Lot L, Block 6, ROYAL DALLE, ds platted and recorded in Volume 29, Page 2L, Lane County Oregon Plat Records, in Lane County, Oregon. ADDITIONAL INFORMATION:17032334 00300 Ass essor' s ttap*Tax Lot* 2537 North h Street fie PropertY ress have set their hand and seal this / day of VHEREFORE the CITY OF SPRINGFIELD 225 Fifth Street Springfield, 0regon 97477 By Di rec oro c srATE 0F oREGoN )) ss. couNTY oF LANE ) narties1b81 . By App cant 0n this before me Y Hy Commission ExPires: * 14B 4 day of 6i,[-igned the a cant 19 Ag , there personallY aPPeared , , q -,?a-8? spa HsBS#EeEd Sad'6Ha €eat€er 6OJ Haydcn Bridge Way . Springficld, Oregon 97,17? . 726-8.149 July 27, 1988 Land Planning Consultants 1071 Harlow Rd Springfield, Or. 97477 To \Yhom it 'l'Jay Concern, I am arvare of the legalities that the day care center, "l(iddie I(orner" (2537 N. Sth) is attempting to clarif y, particularly in regards to their need for staff parking. Our church's parking lot is conveniently located in such a way that they could easily take advantage of it's avail- ability. llte glve permlsslon for them to do so, when the need arises. Any assistance your office can provide to help clear the rvay for this reputable business rvould benefit many people. S inc ery, Rev. D vid Gans Springfield Faith Center foursquare gospel chu rch to God be the Clo The Peti t'ioner,petitions, consents, PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION Tom and Bonnie Marx an represents as o ows: To: Ci ty of Sp n'i ngf i e I d, Lane County , 0regon . t 1. Real Property: The undersi gned Petitionen(s) owns real property located outsi de th e City limits,but located with'in the adopted Urban Growth Boundary depicted in t,he Eugene-Springfield Metropolitan Area General P'lan, herein referred toas the Property and more particularly described in Exhibit "A", attached hereto and made a part hereof. 2. Irrevocable Pet'ition and Consent to Contiguous Annexation: ThePetitioner(s) tion ofthe Property to the C'ity of Spr^i ngf ield pursuant to ORS 222.770. Petitioner(s)petitions, consents and agrees that the City Council in its sole discretion, now orat any time heneafter, may adopt a resolution in'itiating contiguous annexation under }RS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the Property to the C'ity. The Petitioner(s) consents to includ'ing in such proceeding any other property the City Council may direct or which the owner^(s) have petitioned and consented to the annexation. Petitioner(s) undenstands, consents, and agrees that this Consent may be used by the City to meet t,he requirements of ORS 199.490 and ORS 199.490 (3)(b) & (c). Petition and (1)(b) & (c) Petitioner(s) also'irrevocably authorizes the City to present th'is Pet'ition and Consent f,o the Lane County Local Government Boundary Commission to initiate any minor boundany change under ORS 199.490 (1) as an interim measure to prov'ide service to the Property prior to its annexation to the City. In cons'iderat'ion for this Pet'ition and Consent Agreement, the City agreesthat the Petit'ioner(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 othen applicab'le City p1ans, policies and standards and with the requi rements of Lane County. 3. Binding on Successors: Pet'itioner(s) agree that Petitioner(s) and Petitionerin.interestinthePropertyshallbeboundbythis Petition for Annexation and Consent to Annexat'ion wh'ich 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 notice has been executed by the Petitioner(s) and is presented herewith to the City. 4. New Use: Petitioner(s) must obtain City's approva'l for any new use, change of use, 6F-i-ntensification of use of the Property. The City will grant approval of the use if it is in complrance w'ith the Springfielct Development Code and other applicable plans, policies, and standards as interpreted by the City. 5. Cost of Servi ce i n the Event Annex ation Denied: If an administrati veagency or court of competent 3urisdiction determines that the Property or part o f it may not be annexed to the City or that the City may provide no service to theProperty or the part, the City may retain all considerat'ion ther:etofore paid to theCity for senving the Property and may collect in addition thereto whatever add'itional consi derat,i ons a ne due the Ci ty f or' servi ces the Ci ty has prov'idect prior to thedetermination that the Property may not be annexed to the City or the City may not provi de servi ces to i t. nexa on S D]N n9 uponfor the purposes for which Petitioner(s) has agr-construed as limiting or infringing upon pet'itioner(s upon, or present arguments regarding the adv.isaoi annexation proceeding. It is speci fica'l ly unders executing this Agreement, a situation may arise where.ito the annexation and would have all rights under thethat opposition but the Petition and Consent of pet wi I I be used for the pu rposes here'i n descri bed b demonstrate,compl iance with ORS 199.490. 7. Prov'ision of Services: In executing this Pet'ition and Consent 'it isspecifica.lnnexationshall5econtingentinitsapplicationto any particular annexation request upon the annexing City, within a logical anclreasonab'le time, to provide key urban facilities and services, including, whereapplicable, sanitary sewers, solid waste management, water service, tire proiiction,police protection, parks and recreat'ion programs, electnical service, land usecontrols, commun'icat'ion faci'l'ities, publ'ic schools on a district-wide basis (in otherwords, not necessarily within walking distance of all students served), paved streetswith adequate provision for storm water run-off and pedestr.ian travel. 6. Annexat i on the the No Limitat'ion on F'irst Amendment Ri hts: sen o A'lthough this Petition for Petitioner(s), and may be usedeed, nothi ng herei n shal I be )' ri ght to speak out, commentlity of proceeding with thetood by Petitioner(s) tnat 'in n Petitioner(s) may be opposed r First Amendment to articulate itioner(s ) as contai ned here'iny City in order to achieve and 8. Application: The City shall not levy assessments, taxes or fees againstconseiffi!'-TlFdowner not ap-plied to properties of similir character throlghoutrest of the city. DATED this Lf day of 1e-87 -t ner Tom Mar t t oner B onnl-e Marx ACCEPTANCE BY CITY: _ The City of Springfield hereby accepts Petitionen(s) Petition for Annexation andconsent to Annexation and by this acceptance acknowledges this as an Agreement meerlng the requirements of Lane county code 10.193-05 through -55. P lannrng and Development Dj rector l-tt*-g/t SITE PLAN REVIEW DEVELOPIlENT AGREEMENT THI day of SPRINGFI DEVEL0PI'IENT AGREEMENT, hereinafter "Agreement", is entereo into this f , 1988 (the "Effective Dat,e") by and between the CITYTF na ter "City", and B0NNIE MARX hereinafter "Applicant", 'in acc0 rdance 3.100(3 ). with Section 31.090, ano Section 3.070(3), 3.080(3), 3.090(3), and REC ITALS WHEREAS, on the ,-i day of .\A..,.r.^ru , 1988: the City approved the Final Site P lan Appl i cati on submi fte by the AIETic:Ifrt'Yor the purpose of a I I owi ng : Type I approval allowing the expansion of a Day Care Group Home to a Day Care Center. The property is locateo at ?537 North 5th Street. Journal Number 88-07-123. WHEREAS, in consioeration for Site Plan approva'1, the issuance of a Builoing Permit, and the issuance of an Occupancy Permit, as specifieo in the Springfielo Development Cooe Section 31.090, Applicant agrees to comply with all the stanoaros ofthe Springfiel0 Development Cooe and Springfielo Municipal Cooe which may be applicable to this development project, incluoing but not limiteo to, the following: An Occupancy Inspection shall be requesteo of the Builoing Safety Division and compliance with all conctitions of the Occupancy Inspection. HHEREAS, in consicteration for Site Plan approval, the issuance of a Builoing Permit, and the issuance of an 0ccupancy Permit, as specifieo in the Springfielo Development Cooe Section 31.090, Applicant agrees to comply with the following specific conoitions impose<t by the City as part of the Site Plan approval: 1. A written statement from the Lane County Sanitarian stating that the existingseptic system is sufficient for the amount of children to be cared for has been submi tted. 2.A signeo annexation agreement has been submitted and recorded at Lane County by the appl icant. A si gneo Improvement Agreement for North Sth Street and Hayoen Bri oge l^lay have been signed and recorded at Lane County by the applicant. A copy of an agreement with Springfield Fafth Center and the Applicant has been submitted allowing the requireo parking to occur on the Faith Center's property. A copy of a letter fror:r Chiloren's Services Division stating that the play area and the facility have been approved by their office. 3 Site Plan Development Agreement 1 4 5 NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS I,lHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT 1. FINAL SITE PLAN. The appl icant has submi tted a Ffnal Si te P1 an in accordance with Section 31.080 of the Springfielo Development Code. 2. STANDARDS. The applicant agrees to fulffll all applicable standards specifieo in the Springfielo Development Cooe ano the specific stanoards listeo in RECITALS prior to occupancy, unless certain standards have been oeferred to a later date in accordance with Section 31.110 of the Springfielo Development Co0e. 3. CONDITIONS. The Applicant agrees to fulfill all speciffc conoitions of approval requirecl by the City listeo in RECITALS prior to occupancy, unless certain conditions have been oeferred to a later date in accordance with Section 31.110 of the Springfielo Development Cooe. 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan without first notifying the City. Mooifications to the Final Site Plan shall be reviewect in accordance with Section 31.100 of the Springfielo Development Cooe. 5. MAINTAINING THE USE. The applicant agrees to the following: ( a) The bui I oing and si te shal I be mai ntai ned i n accordance wi th the provisions of the Springfielo Development Cooe in order to continue the use. (b) It shal I be the continuing obligation of the property owner to maintain the planting require<l by Section 31.140 of the Springfielo Development Codein an attractive manner free of yreeds and other invaoing vegetation. In aooition, plantings in the vision clearance area shall be trimmed to meet the 2 l/2 foot height standard in accor0ance with Section 32.070 of the Springfielo Development Cooe. (c) Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improvect to maintain conformance with these standards. (o) Unoevelopeo lano within the oevelopment area shall be maintaineo freeof trash and stored materials in a mowed and attractive manner. Undevelopect lanct shall not be used for parking. 6. In addition to all other remedies which may be provided by law or equity(inclucling but not limiteo to penalties provioeo by applicable state law or city oroinances) Applicant agrees that City may enforce Applicant's responsibilities by withholding Applicantr s Final Occupancy Permit, and terminating any Temporary 0ccupancy Permit which may have been granted. Site Plan Development Agreement 2 7. Any Final Site Plan approved becomes null an<t voio if construction does not cornmence w'ithin one year of the date of this Agreement. IN WITNESS WHERE0F, the Applicant and the City have executed this Agreement as of the oate first hereinabove written. APPL ICANT STATE 0F OREGON, County of Lsne- BY: BY: ev, atoT Personal ly appeareo the above namecl who acknowledged the foregoing instrument to vo un ry t/v/en Date STATE OF OREGON , County of b'tA I rvo u ry re me: 198 PErsonany appeareo the above named , who acknowledged the foregoing instrument t0 ore me: ry My Commission expi res {34-89 C ITY t c or n My Commission expi res 3' + qZ Site Plan Development Agreement 3 h* q r\41 , here'lnafter refenied to aEthe City of Sprrngfield, a municipa 1 corporati on f the State ofreferred to as "City", on the L{day of NOTICE OF AGREEMENT NOTICE IS GIVEN THAT Tom Marx 2537 North 5th Street and Bonnie Marx "Petitioner"(s)", and Qregon, herei nafter , 19 &1 , entenedrry i denti fi ed as \/rt /o7 before me, the undersigned, ly appeared the'within named known to me to De the the , a 1ega1 description of which i s attached as Exnr or t 'rA'r and i ncorporaiEd-5y-TETererlrc herei n. The use and development of the above property is governed by the terms andonditions of the agreement si gned by the parti es. The agreement is fi led in thecentral fi'les of the City, to which reference is hereby made for al I matfers and things therein contained. This Agreement is binding on the Petit'ioner(s)' heirs, assigns and successors in interest in the property. i nto Tax IN day of By STATE OF OREGON County of Lane an agreement governing an annexation to the tyo rea p ropeLot 17032334 - Assesspr's Map 03000 l"liTNESS l,lHERE0F, the parti es hereto have set thei r hand and seal th'is, 19_&f_. /_,t_ s7 By er Dat e n ve opmen DatE D ecq-n ate By r ) ) ) ss. (ln r,hi s .la norany pubTi--ri-Srrn fv1+rv . hnoo-.u , 19 As,per$ffilday of the sai d coun ty and state, andidentical ir,d:viOuals voI untari 1y. IN TESTIMONY above written. des c ri bed here'r n and executed the same freely and WHERE0F, I nave hereunto set my hand and seal tne day and year last A^;G. &+p XOTTRY PUBLIC FOR My Commission Exp OKEG!N i reiY I -Rrr-A ? 4 PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION To: C'ity of Spr^ingfield, Lane County,0r^egon. The Petitionen, Tom and Bonnie Marxpetitions, consents,and represerrts as f ol lows: Con se nt and ORS Petitionen(s) undenstands, consents, and agrees may be used by the City to meet the requ'irements of lee.4eo (3)(b) & (c). 1. Real Property: The undensi gned Petitioner(s) owns real property located outsi de thE-@fl-TffiTs, but . located wi th'in the adopted Urban Growth Boundary depicted in the'Eugene-Springfield Metropolitan Area General Plan, herein referred toas the Property and more particularly described in Exhibit "A", attached hereto and made a part hereof. 2. Irrevocable Petit'ion and Consent to Cont'iguous Annexation: ThePetitioner(s) tion ofthe Property to the C'ity of Springfield pursuant to ORS 222.170. Petitioner(s)pet'itions, consents and agrees that the City Counci I 'in its sole discreti on, now orat any time hereafter, ffidy adopt a resolution initiating contiguous annexat'ion under ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the Pr^operty to the City. The Pet'itioner(s) consents to including in such proceeding any other property the Crty Council may direct or which the owner(s) have pet'itioned and consented to the annexation. that thi s oRS 199.490 Petition and(1)(o) & (c) Petitioner(s) also irrevocably authorizes the City to present th'is Petit'ion and Consent to the Lane County Local Government Boundary Comm'ission to initiate any mlnor 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 cons'iderat'ion for thi s Pet'it'ion and Consent Agreement, the C'ity agreesthat the Pet'it'ioner(s) Property may rece'ive municipal services from the City and Petitioner(s) may undertake the development of the Property in accordance with the Spningf ielcl Development Code and othen appl'icable C'ity p1ans, pof icies and standards and with the requi rements of Lane County. 3. Pet'it i one Bi ndi n on Successors: s e ns and successors in i Petitioner(s) agree that Petitioner(s) and nterest in the Property shall be bound by thisr Petit'ion for Annexation and Consent to Annexation which shall run with the Property, and that notice of this document will be reconded by the City in the deeds and records for Lane County. A copy of the notice has been executed by the Petitioner(s) and is presented herew'ith to the City. 4. New Use: Petitioner(s) must obtain City's approval for any new use, change of use, 67-iric6nsif ication of use of the Property. The City wi l1 grant approva'l of the use if it is in complrance with the Springfield Development Code and other applicable plans, policies, and standards as'interpreted by the C'ity. I 5. Cost of Service 'in the Event Annexation Denred: If an adm'inistratr ve agency or court of competent jurisdiction determineS thaT-tIE Property or part o f it may not be annexed to the City on that the City may provide no service to the Property or the part, the City may retain al'l consideration theretofore pa'id to the City for serving the Property and may collect in addition thereto whateven additional cons'iderations are due the City fon services t,he City has provided prior to the determinat'ion that the Pnoperty may not be annexed to the City or the City may not prov'ide servi ces to 'it. 6. No L'imi tati on on Fi rst Amendment R'ights : Al thou gh this Petition for (s), and may be usedAnnexat i on and Consent to Annexation is Ornding upon Pet'itionerfor the purposes for which Pet'it'ioner(s) has agreed, nothing herein shall be construed as lim'iting or inf ring'ing upon Petitioner(s)' right to speak out, comment upon, or pnesent arguments regarding the advisaDi lity of proceeding w'ith the annexat'ion proceeding. It is specifically understood by Petitioner(s) that in executing th'is Agreement, a s'ituation may arise wherein Petitioner(s) may be opposedto the annexation and would have all rights under the Finst Amendment to articulatethat oppos'ition but the Petition and Consent of Petitioner(s) as contained herein wi I I be used fon the pu nposes herei n descri bed by Ci ty i n orden to achi eve and demonstrate compliance with ORS 199.490. 7 Pnovision of Senvices:In execut'ing this Petition and Consent it is speci fi cal ly understood that any annexation sha ll be contingent in its app'lication toany particular annexation request upon the annexing City, within a logical and reasonable time, to provide key urban facilities and serv'ices,'including, whereapplicable, sanitary sewers, solid waste management, water serv'tce, fire protection,pol'ice protection, parks and recreation programs, €lectr-ical 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 streetswith adequate provision for storm water run-off and pedestrian travel. 8. Appl'ication: The City shall not levy assessments, taxes or fees againstthe conseiEi-i!-Tffi[owner not applied to properties of similar character throughoutthe rest of the City. DATED this f day of te_fr_- oner Tom Mar one r Bonnie Marx ACCEPTANCE BY CITY: The City of Springfield her Consent to Annexat'ion and by meeting the requirements of Lane eby accepts Petit'ioner(s) Petition for Annexation and th'is acceptance acknowledges this as an Agreement County Code 10.183-0 through -55. an ln e opmen rec or