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HomeMy WebLinkAboutApplication Applicant 3/15/2024City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Annexation Application Type 4 i RINGFIELD Application Type(Applicant., Check one) Annexation Application Completeness Check: ❑ Annexation Application Submittal: I� 'Required Proposal Information (Applicant, Complete This.Section Property Robert Kemp w Phone: (541) 915-9202 Address: 838 W Indianola Street, Roseburg, OR 97471 E-mail; servtechrob@gmail.com Owner Signature: Owner Signature: Agent Name: Andrew Strout Phone: (541) 746-0637 Branch Engineering, Inc. Com an .Fax: 310 5th Street, Springfield OR 97477 andrews@branchengi� 1com -Address: E-mail Agent `r Signature: If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign .the petition. ASSESSOR'S MAP NO: 18-02-06-14 TAX LOT NO S s 6200 Property Address: 904 Filbert Lane, Springfield, OR 97478 Area of Request: Acres: 0.37 Square Feet: 16,009 Existing Use: Residential Proposed Use: Residential Required Property I. ■Complete Reviewed Case No.: Date: By: initials Project No.: Placard: Application Postage Fee: Total Fee: Fee: Revised 04/17/2023 slm Page 8 of 16 eering. Owner Signatures This application form is used for both the required completeness check meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. 'Completeness Check The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Completeness Check Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveved to my representative. Owner: Signature Print Submittal Owner: Date: I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Completeness Check Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Y ` ,r- ;'s a Date: Signature T Print Revised 04/17/2023 slm Page 9 of 16 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. V Application Fee [SDC 5.7.125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development & Public Works Department. Fees are payable to the City of Springfield. */ Petition/ Petition Signature Sheet [SDC 5.7.125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Consent by Property Owners rORS 222.127 and 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted at completeness check, with original copies at time of application submittal). */ Certification of Ownership [SDC 5.7.125(B)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). V Supplemental Information Form [SDC 5.7.125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type 4 form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted at completeness check, with original copies at time of application submittal). V Copy of the Deed (required at application submittal) V Copy of Preliminary Title Report (required at application submittal) Title Report must be dated within the past 30 days documenting ownership and listing all encumbrances. Revised 04/17/2023 sim Page 10 of 16 */ Annexation Description [SDC 5.7.125(B)(9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description must consist of a series of courses in which the first course must start at a point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. V Cadastral Map [SDC 5.7.125(B)(10)] One (1) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. Paper copy maps must be printed to scale. On all submitted maps the annexation area must be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. */ ORS 222.173 Waiver Form [SDC 5.7.125(B)(8)] The waiver form (Form 4) signed by each owner within the proposed annexation area as allowed by ORS 222.173. Public/Private Utility Plan [SDC 5.7.125(B)(12)] A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. */ Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5.7.125(B)(13) and (14)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. */One (1) copy of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 04/17/2023 slm Page 11 of 16 January 30, 2024 PROJECT NARRATIVE CITY OF SPRINGFIELD ANNEXATION Branch Engineering Inc. Project No. 23-553 Rranch EfGINEE RING. - Since 1977 This annexation proposes to incorporate a portion of Lot 1 of Block 2 of the H.F. Franklin Addition Subdivision (TM 18-02-06-14; TL 6200). Exact locations of all these portions of land can be found on the map submitted as part of this application. The following describes how this annexation complies with SDC 5.7-125(b)(13) and (14): A. The affected territory proposed to be annexed is within the City's Urban Growth Boundary, and is r 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake, or other body of water. The property is contiguous with city limits along its westerly and easterly edge. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; The property is currently zoned as R1 in the City of Springfield's zoning map which is consistent with the Eugene/Springfield Metro Plan. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner; and All utilities, including water, electric and sanitary, are located within the annexation area or are directly adjacent to the annexation area within dedicated public right-of- way. See the Public/Private Utility Plan submitted with this application for additional details. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. An Annexation Agreement or other City approved mechanism will be signed prior to annexation. EUGENE -SPRINGFIELD 310 5th Street, Springfield, OR 97477 1 p: 541.746.0637 � www.branchengineering.com January 30, 2024 LEGAL DESCRIPTION ANNEXATION APPLICATION TM 18-02-06-14, TL 6200 Branch Engineering Inc. Project No. 23-553 CBranch E'NGINEERING= Since 1977 Lot 1, Block 2 of H.F. Franklin -Addition Subdivision recorded in Book 14, Page 31 in the Lane County Oregon Plat Records. EUGENE -SPRINGFIELD PHILOMATH 310 5th Street, Springfield, OR 97477 1 p: 541.746.0637 1 www.branchengineering.com (D (D � A O (D = a � v CL (D (D CL a rt O h y U) (D H y 3 (D 3 Q. d x O rr O 7 =3=rm rt rt m N 0 0 -4 O � N — -n CD 0 n jZprt:3 ~ 5CL O Z3 m Z r t m (n V O M m rt rt C O 0) m (n rt a o` 0 Z m N [A rLI) OL H tr V y 7 fD c X �0) o o 0 rt 4(D N pj Q � [, O q :E (D O v o - � 0 ray C O o CD C3 n n (D En (D 0 O ((D rt 3 N �U) (D a (D rt .� m n 3.� o � a � %< 0 CDrt O 4 m I E w O k 7 O Cl rt x ( y N rt (3D (CD CL (A. rt O N rt rt 3 m m a x :- N Ln 1 a Z3 a 4 O n m m m 6 n CD rt 3 d rt m (D m U) O 3 0 (D a rt 3 V) (D (D rt a Q En O 3 (D N m n m v aJ -0 0 0-0 rD (D < � O Vii fD OJ Uf O Cl- -'h (3 (DrD n '* O O o� En (rtD rt rt O CL n M � 3 0 m (D a:3 rt (D fD O rD =rCD� a, � O .. O (D x w rt O rt 0 rt S (D n cn m V H N Uly0 N � Z crm rn 0 O cr Z N � r NJ Q z oc D Q 0 c C p cn m x Ul) (J1 = N m N m N F+ N v u In X Ii FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS I Property Designation (Ma:/lot number) Name of Owner Acres Robert Kemp 0.37 Assessed Value Imp. Y / N Signed Yes Signed No _ 18-02-06-14-06200 $127, 482.00 Y x 100% $127,482.00 TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR $127,482.00 PERCENTAGE OF VALUE CONSENTED FOR 100% TOTALS: 0.37 $127,482.00 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED TOTAL ACREAGE IN PROPOSAL 100% 0.37 ACREAGE SIGNED FOR 0.37 PERCENTAGE OF ACREAGE SIGNED FOR 100% $127,482.00 TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR $127,482.00 PERCENTAGE OF VALUE CONSENTED FOR 100% Revised 04/17/2023 slm 13 of 16 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: E-mail: Andrew Strout andrews@branchengineering.com Supply the following information regarding the annexation area. • Estimated Population (at present): 2 • Number of Existing Residential Units: 1 • Other Uses: N/A • Land Area: 0.37 total acres • Existing Plan Designation(s): LDR • Existing Zoning(s): R1 • Existing Land Use(s). Residential • Applicable Comprehensive Plan(s): _Metro Plan • Applicable Refinement Plan(s): N/A • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The annexation is consistent with the current Springfield Metro Plan. • Are there development plans associated with this proposed annexation? Yes No If yes, describe. • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). Filbert Lane to the east, and the neighboring property to the west are within city limits. Revised 04/17/2023 slm Page 14 of 16 Does this application include all contiguous property under the same ownership? Yes I"___' No ! �-- - - -' If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District 0 Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD EI Willakenzie RFPD ❑ EPUD 0 SUB 0 Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Robert Kemp Andrew Strout (Name) (Name) 838 W Indianola Street 310 5th Street (Address) (Address) Roseburg Springfield (City) (Zip) (City) (Zip) OR, 97471 OR, 97477 (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 04/17/2023 slm Page 15 of 16 O 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT J"U URS 222.173 This waiver of the time limit is for the following described property: Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective .�>q indefinitely or [ ] until Date ianatures of Leoal Owners Please print or type name Signature Date Si ned JRa f5 s& i 7 LCOG: L:SBC%20088OUNG/ANG,ETRANSMONWPPL1UT101JFORMSISPR/NG17ELD{10.03-08!IPDATEDFORMS%PRE-SUBMITTALANNEXATIONAl'PUCAT7ON10-07.OS.DOC Last Saved: May 3.2023 Revised 04/17/2023 sim Page 16 of 16 } January 30, 2024 PUBLIC/PRIVATE UTILITY PLAN CITY OF SPRINGFIELD ANNEXATION Branch Engineering Inc. Project No. 23-553 (Rianch N'tINEERING= Since 1977 This annexation proposes to incorporate Lot 1 of Block 2 of the H.F. Franklin Addition Subdivision (TM 18-02-06-14; TL 6200), exact locations of all this land can be found on the map submitted as part of this application. Wastewater Services/ Sanitary ,Sewers The annexation area is fronted to the east and north by an 8.0" sanitary sewer main line within the right-of-ways of Filbert Lane and North Street. All the developable area within the annexation area has direct access to these sanitary sewers. Stormwater Services Stormwater facilities front the annexation area to the east in the Filbert Lane right-of- way. All the developable area within the annexation area has direct access to this stormwater service. Solid Waste Management The annexation arca is within the service area of private waste disposal services. Water Services Springfield Utility Board (SUB) has service connections located within the Filbert Lane and North. Street: right-of-ways, Fire and Emergency Medical Services Currently, the annexation area is within the Willakenzie Rural Fire Protection District, but at the time of annexation this will be withdrawn. Once annexed, the area will be within the Eugene Springfield Fire District. Police Protection Currently, the Lane County Sheriff provides police services to the areas outside the city limits adjacent to the annexation area. After annexation, the City of Springfield police will provide police protection to the annexation area. Citv Wide Parks and Recreation Proms s Willamalane Park and Recreation District will provide park, open space, and recreation services to the annexed property at the effective date of annexation. EUGENE -SPRINGFIELD 310 5th Street, Springfield, OR 97477 p: 541.746.0637 1 www.branchengineering.com Annexation - Public/Private Utility Plan January 30, 2024 Electrical The Springfield Utility Board (SUB) provides electric services to the area to be annexed. Land Use Controls The annexation area is within the Urban Growth Boundary for Springfield. After annexation the city will administer land use controls. Communication Facilities Wired and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the annexation area can generally receive service from these private providers. Public Schools Springfield School District 19 provides the City of Springfield K-12 educational needs. The existing district's public schools that will serve the annexation area are Mt. Vernon Elementary School, Agnes Stewart Middle School, and Springfield High School. Branch Engineering, Inc. Page 2 of 2 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Robert D Kemp ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated , for Assessor's Map No. 18-02-06-14, Tax Lot 06200, which is addressed as 904 Filbert Lane and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the Springfield Zoning Map, and the underlying zoning is Low Density Residential (R-1). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is currently available to the Property. F. 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 requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 Place Bar Code Sticker Here: ANNEXATION AGREEMENT — Page 1 of 6 G. 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 located in both Filbert Lane and North Street with sufficient depth and capacity to support additional dwelling units on this property. H. 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 public storm sewer system is located in Filbert Lane with a catch basin at the corner of North Street and Filbert Lane to serve as overflow for stormwater treatment systems on this property. I. 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 legal and physical access to Filbert Lane and North Street. • Filbert Lane and North Street are classed as local roads • Filbert St. is paved with curb and gutter and sidewalk on this property frontage. • North St. is paved without curb and gutter or sidewalk on this property frontage. • No additional right-of-way dedication will be needed J. 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 Common Council, 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. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. APPLICANT shall improve North Street to City standards for an alternative street section (depicted in Exhibit B) along the full frontage of this parcel with drainage ditches, planter strips, street trees, and sidewalks including ADA ramps at the corner of North Street and Filbert Lane upon any subdivision or addition of dwelling units beyond a single ADU on this property. 1.1.2. APPLICANT will provide any additional easement or ROW dedication as needed by SUB electric for surface utility pads as needed to move all electrical services underground for the existing and any additional structures on this site upon subdivision or addition of dwelling units on this property. ANNEXATION AGREEMENT — Page 2 of 6 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. 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. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running 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. Limitations on the Develo ment. No portion of the Property shall be further developed prior to the approval of a building permit approval, partition or subdivision, as applicable, 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. 6. Waiver of Rijzht of Remonstrance. 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 does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of A reement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield ANNEXATION AGREEMENT — Page 3 of 6 Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element 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 building, 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 any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan 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. Ballot Measures 37/49/ORS 195.300 et sea. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waive any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. 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. ANNEXATION AGREEMENT — Page 4 of 6 DATED this day of 520 IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT Date STATE OF OREGON COUNTY OF LANE I SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (APPLICANT) AS OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 5 of 6 ,20 BY CITY OF SPRINGFIELD Nancy Newton, City Manager STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (CITY) AS . OF NOTARY PUBLIC FOR OREGON ANNEXATION AGREEMENT — Page 6 of 6 ,20 BY City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 TYPE IV ANNEXATION COMPLETENESS REVIEW CHECKLIST Annexation Project Name: Kemp Annexation i SPRINGFIELD L%R OREGON Project Proposal: Annex approximately 0.37 acres of residential district to the city. Case Number: 811 -23 -000042 -PRE Project Address: 904 Filbert Lane Assessors Map and Tax Lot Number(s): Map 18-02-06-14, TL 06200 Overlay District(s): Urbanizable Fringe (UF -10) Applicable Refinement Plan: N/A Refinement Plan Designation: N/A Metro Plan Designation: Low Density Residential Pre -Submittal Meeting Date: December 14, 2023 Application Submittal Deadline: August 21, 2024 Associated Applications: 811 -22 -000260 -PRE (Development Initiation Meeting) POSITION Project Planner REVIEW OF Land Use Planning NAME Tom Sievers 726-2333 Transportation Planning Transportation Michael Liebler 736-1034 Public Works Civil Engineer Utilities Sanitary & Storm Sewer Clayton McEachern 736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-2293 Building Official Building Chris Carpenter 744-4153 APPLICANT'S DEVELOPMENT REVIEW TEA Applicant Robert Kemp 838 W. Indianola Street Roseburg, OR 97471 Revised 2/12/2009 Applicant's Representative Andrew Strout Branch Engineering, Inc. 310 5t" Street Springfield, OR 97477 ANNEXATION APPLICATION PRE -SUBMITTAL CHECKLIST PLANNING o Application fee - discuss the applicable fees o Petition / Petition signature sheet signed by the owners of at least one-half of the land area, land value, and land ownership. In the case of joint ownership, both owners must sign. For corporate, trust, or business ownership, an authorized signature is required along with evidence of such authorization. Complete Incomplete See Planning Note(s) Petition / Petition Signature Sheet o Certification of ownership issued by the Lane County Department of Assessment and Taxation for all property owners within the annexation area. Complete Incomplete See Planning Note(s) Certification of Ownership o Owners worksheet describing the land ownership, land area, and assessed value of all property within the annexation area. Complete Incomplete See Planning M El Note(s) Owners Worksheet o Supplemental information form providing additional details about the property, including current use and potential development plans, special service districts that may provide services to the property, and other information that may have a bearing in determining the action to be taken. Complete Incomplete See Planning Note(s) Supplemental Information Form o Legal Description consisting of a metes and bounds description of the territory to be annexed. A lot, block and subdivision description may be acceptable if the annexation area is platted. The legal description shall be acceptable to the Oregon Department of Revenue. Complete Incomplete See Planning 0 17 Note(s) Legal Description Revised 2/12/2009 2 o Cadastral Map showing the entire annexation area to scale. Three copies of the most current cadastral map are required. An additional map showing the annexation area in relationship to the existing city limits also shall be provided. Complete Incomplete See Planning Note(s) iF M// ■ Cadastral Maps of the Annexation Area Map showing relationship of annexation area to current city limits o ORS 222.173 Waiver Form signed by each owner within the annexation area. Complete Incomplete See Planning Note(s) ® ❑ ORS 222.173 Waiver Form o Public/Private Utility Plan describing how the annexation area can be served by key urban facilities and services. A copy of the signed annexation agreement, if applicable, shall be provided with the application. Complete Incomplete See Planning Note(s) ® n 0 ❑ #1 Public/Private Utility Plan Annexation Agreement o Written Narrative addressing the annexation approval criteria, confirming that the property is inside the Urban Growth Boundary and is contiguous with the city limits, and providing an explanation and justification for the annexation request. Complete Incomplete See Planning Note(s) Written Narrative Planning Notes: 1. An annexation agreement has been prepared by City Staff. Additional comments not related to the completeness of the application: Revised 2/12/2009 3 THIS APPLICATION IS: COMPLETE FOR PROCESSING ❑ INCOMPLETE AND NEEDS MISSING INFORMATION NOTED ABOVE February 22, 2024 City Planner Date This is not a decision on your application. The pre -submittal checklist is valid for 180 days and is intended to assist the applicant in preparing a complete annexation submittal. The annexation process begins when all the required information and fees are submitted in accordance with SDC 5.7-125 and this checklist. Annexation requests are not subject to the 120 -day processing period for limited land use decisions. Therefore, missing or incomplete information will delay the annexation process and possibly require additional fees payable to the City if the new information is submitted after the Notification to Surrounding Property Owners is sent out and a second notification is required, or if the new information substantially affects the annexation proposal and additional review is required. I, the owner/applicant, intend to submit all required items indicated herein to the City within the 180 -day timeline. 4P �11412z( Owner/Applicant's Signature Date Revised 2/12/2009 4 We Ir, PUBLIC RECORD REPORT FOR NEW SUBDIVISION OR LAND PARTITION THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY ("THE COMPANY") FOR THE EXCLUSIVE USE OF THE FOLLOWING CUSTOMER: Robert Kemp Phone No.: (999)999-9999 Date Prepared: January 12, 2024 Effective Date: January 8, 2024 / 05:00 PM Charge: $300.00 Order No.: WT0258846 Reference: The information contained in this report is furnished to the Customer by Western Title & Escrow Company (the "Company") as an information service based on the records and indices maintained by the Company for the county identified below. This report is not title insurance, is not a preliminary title report for title insurance, and is not a commitment for title insurance. No examination has been made of the Company's records, other than as specifically set forth in this report ("the Report"). Liability for any loss arising from errors and/or omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and Stipulations contained in it. REPORT A. The Land referred to in this report is located in the County of Lane, State of Oregon, and is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof. B. As of the Effective Date, the tax account and map references pertinent to the Land are as follows: As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof. C. As of the Effective Date and according to the Public Records, we find title to the land apparently vested in: As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof. D. As of the Effective Date and according to the Public Records, the Land is subject to the following liens and encumbrances, which are not necessarily shown in the order of priority: As fully set forth on Exhibit "D" attached hereto and by this reference made a part hereof. Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "A" (Land Description) Lot 1, Block 2, H.F. FRANKLIN ADDITION, as platted and recorded in Book 14, Page 31, Lane County Oregon Plat Records, in Lane County, Oregon. Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "B" (Tax Account and Map) APN/Parcel ID(s) 0564946 as well as Tax/Map ID(s) 18-02-06-14-06200 Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 Robert D. Kemp EXHIBIT "C" (Vesting) Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 FA 3 4 5. C:1A 7 EXHIBIT "D" (Liens and Encumbrances) City Liens, if any, in favor of the City of Springfield. Easements, conditions, restrictions and notes as delineated on the recorded plat. Rights of the public to any portion of the Land lying within the limits of sidewalks, roads, and highways. Easement(s shown below and rights incidental thereto as set forth in a document: Entitled: Public Utility and Sidewalk Easement In favor of: City of Springfield Recording Date: January 8, 1997 Recording No: 1997-01647 Easement(s) shown below and rights incidental thereto as set forth in a document: Entitled: Sidewalk Easement In favor of: City of Springfield Recording Date: April 17, 1997 Recording No: 1997-25793 Easement(s) shown below and rights incidental thereto as set forth in a document: Entitled: Grant of Easement and Maintenance Agreement In favor of: George Roberts Recording Date: January 25, 2001 Recording No: 2001-004321 A deed of trust to secure an indebtedness in the amount shown below, Amount: $165,000.00 Dated: May 19, 2020 Trustor/Grantor: Robert D. Kemp Trustee: Western Title & Escrow Company Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Northwest Community Credit Union Loan No.: 2020009427 /MIN: 1010498-0123463269-3 Recording Date: May 19, 2020 Recording No.: 2020-024947 Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 EXHIBIT "D" (Liens and Encumbrances) (continued) 8. A Line of Credit deed of trust to secure an indebtedness in the amount shown below, Amount: $70,000.00 Dated: October 18, 2023 Trustor/Grantor: Robert D. Kemp Trustee: First American Title Insurance Co. Beneficiary: Cascade Community Federal Credit Union Recording Date: October 20, 2023 Recording No.: 2023-030494 Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2023-2024 Amount: $1,533.49 Levy Code: 01937 Account No.: 0564946 Map No.: 18-02-06-14-06200 Please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 DEFINITIONS, CONDITIONS AND STIPULATIONS 1. Definitions. The following terms have the stated meaning when used in this report: (a) "Customer": The person or persons named or shown as the addressee of this report. (b) "Effective Date": The effective date stated in this report. (c) "Land": The land specifically described in this report and improvements affixed thereto which by law constitute real property. (d) "Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters relating to the Land. 2. Liability of Company. (a) This is not a commitment to issue title insurance and does not constitute a policy of title insurance. (b) The liability of the Company for errors or omissions in this public record report is limited to the amount of the charge paid by the Customer, provided, however, that the Company has no liability in the event of no actual loss to the Customer. (c) No costs (including without limitation attorney fees and other expenses) of defense, or prosecution of any action, is afforded to the Customer. (d) In any event, the Company assumes no liability for loss or damage by reason of the following: (1) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. (2) Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (3) Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. (4) Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. (5) (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights or claims or title to water. (6) Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (7) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (8) Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (9) Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the Customer. 3. Report Entire Contract. Any right or action or right of action that the Customer may have or may bring against the Company arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of the Company. By accepting this form report, the Customer acknowledges and agrees that the Customer has elected to utilize this form of public record report and accepts the limitation of liability of the Company as set forth herein. 4. Charge. The charge for this report does not include supplemental reports, updates or other additional services of the Company. Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 LIMITATIONS OF LIABILITY "CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN "THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS TERMS THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT: ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT. CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE REPORT. CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON .THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT. THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE REPORT OR OTHERWISE. Public Record Report for New Subdivision or Partition (Ver. 20161024) Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0258846 IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY, (B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT OR SERVICE PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. 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