HomeMy WebLinkAboutAgreement Miscellaneous 7/11/2008
ANNEXATION AGREEMENT
1bis Annexation A&",,~.ent ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Ronald D. Galceran and Karen 1. Galceran,
("APPLICANT').
RECITALS
A. APPLICANT owns the parcel ofland legally described in Exhibit A, the Property, and .
shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commission, or its successor, ("Boundary Commission") following minor
boundary change processes.
B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007-
00022, dated June 28, 2007, for Assessor's Map.No. 18-02-04-14, Lot 200 ("Property").
C. APPLICANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission or its successor. The Springfield Common
Council has adopted:r.."t,:,L;';,,~ No. bZlb supporting the annexation.
Ora J (\ <t ",...e. .
D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plari
and is zoned Low Density Residential (LDR) with an Urban Fringe (UF-I0) overlay
. according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metro
Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence
in the record of the proceeding on this annexation. City staff has determined the minimum
level of key urban services is currently available to the Property .with the exception of public
sanitary sewer service, public stormwater management service, and street connectivity to
adjoining property that fully meet City Standards. The purpose of this Agreement is to
memorialize APPLICANT's and City's commitment and agreement to the allocation of
financial responsibility for public facilities and services for the P.".-"';; 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, interconnected
transportation systems, and Fire and Life Safety services necessary for an affirmative City
recommendation for the annexation request. .
Division 0' Chle' Deputy Clerk
lane County Deeds and Records
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
~Ull W111J!~~!~W1Jl~J JUW /I JIIIIIII
RPR-AGRE Cnt=1 Stn--& CAfJi~~~8 09:57:57 ~M
$75.00 $10.00 $11.00
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$96.00
After Recording, Return to:
ANNEXATION AGREEMENT -Page 1 of 13
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Planner: AL
.F. A public sanitary sewer system with sufficient capacity to serve the Property and other
existing and proposed land uses in the vicinity of the Property is necessary to support a
finding that this key urban service is available to serve the Property. .
. An existing eight inch (8") public sanitary sewer system is located within South 57th
Street which has the avwlable capacity to serve the existing house which lies on the
western portion of the Property. If the connection from this house to the existing
eight inch (8") public sanitary sewer in South 57'11 Street cannot be made by means
of a private gravity sewer lateral, the Applicant will be allowed the option of
extending a private gravity sewer lateral from the house to the east and to a
connection to theproposed public gravity sewer system in the proposed right-of-way
of South 57th Place described in the following paragraph.
. Another existing eight inch (8") public sewer line is located within South 58th Street
which has the available .capacity to serve the eastern portion of the Property, via the
extension of this existing eight inch (8") sanitary sewer in South 58th street in
conjunction with the construction of Jon's Landing subdivision to the north of the
Property, and the extension of a new eight inch (8") public sanitary sewer in the
proposed right-of-way of South 57th Place within the boundaries of the Property.
The City's preference is to provide sanitary sewer service to all lots in the eastern
portion of the Property by means of the new eight inch (8") public main which will
be located in South 57th Place. .If this is not possible, a private easement and sewer
line to serve only the lot identified as Lot 3 may be allowed. The APPLICANT will
be required to provide engineering details which will be reviewed. during the Public
. qImprovement Plan process. Another option may be to provide said Lot 3 with a .
private sanitary sewer pump to connect to the new sewer main.
. The future Jasper Road sanitary sewer will eliminate a lift station that will serve the
eastern portion of the Property. The applicant will be required to pay a proportionate
share of the cost of the sewer system, based upon acreage. The Property is 1.74
acres of the total of approximately 1000 acres, which will be served by the Jasper
Road sanitary sewer. The long-term plan for providing sanitary sewer service to the
Property is via a new sanitary trunk sewer that will beexteuded in Jasper Road from
South 42nd Street, as follows: .
. When this trunk sewer is constructed, the existing lift station located on Mt.
Vemon Road will be decommissioned. The flows from the pump station will
be diverted to this new trunk sewer.
. The new trunk sewer will be partially funded by the City, with the remainder
of the funds to come from several owners of parcels of land that will be
served by this new trunk sewer. The design for the new trunk sewer is
anticipated to commence in 2008, with the construction to occur once the
remaining funding is secured from the benefited p'._.-",;';es,andthe
APPLICANT is one of the benefited property owners.
. A new sanitary sewer main will need to be constructed from the new trunk
sewer across lands not owned by the APPLICANT to the ;"".1'''';; to provide
the long-term planned sanitary sewer service to the Property.
ANNEXATION AGREEMENT - Page 2 of 13
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. Prior to the construction of sanitary sewer system installations under this
~"''''LUent, all necessary easements and/or necessary rights-of-way shall be
granted.
G. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a fmding that this key Urban service is available to serve the Property.
. -An existing public stormwater management system is located within South 57th
. Street and is 12 inches in diameter. There is available capacity within the 12-inch
. storm sewer to serve the westem portion of the Property.
. The eastern portion of the Property will drain towards South 58th Street. The
existing public storm sewer which lies in South 58th Street has been shown as a
twelve inch (12") diameter pipe on plans prepared in relation to the development of
the adjoining property to the north. City records show a portion of this system to be
ten inches (10") in diameter. The APPLICANT will be required to verify the size of
the existing stoim sewer, and to assure the capacity of the existing storm sewer and
the gutter capacity of South 58th Street to ~erify tli.e size and length of any required
. extension of the existing storm sewer system.
. Treatment of stormwater runoff will occur on site via an engineered mechanical filter
. system or bioswale.
. There is currently no public stormwater management system downstream of the
Property. The City's]ong-terni plan for providing the necessary stormwater
management facilities to the L".-".;; can be described as follows:
..-.. The City's existittg stormwatermasterpliuHotthis lltea; the Storm Drainage
Study for East Springfield (JUne 1979) identifies future stormwater
management systems to serVe the Property and surrounding lands, but it does
not addjessthefilcilities necessary to ensUre the adequate provision of public
drainage sefvicesall the Way to the Middle Fork of the WilIamette River. The
plan is in need of updatIDg to meet current City standards for stormwater
management.
. The Metro area's Public Faci/itiesand Services Plan (December, 2001) also
identifies that future stormwater drainage systems are needed to serve the
Property and other lands in the vicinity.
. The City has commenced preparation of a new Stormwater Facilities Master
Plan to identify specific stormwater management and service needs for the
entire City. 1bis new planning will result in an updated recommendation for
facilities which are needed to adequately serve the [."1'''';; and other
surrounding lands.
H. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
. South 57th Street fronts the site on the west, and the site partially adjoins South 58th
Street on the northeast. Both of these streets are fully improved with curb, gutter,
and sidewalk.
ANNEXATION AGREEMENT - Page 3 of 13
Revision Date 1/16/08
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. The APPLICANT proposes to dedicate sufficient Right-of-way to extend South 58th
Street from the northeast corner of the Property and to the west approximately 225
feet along the frontage of the Property and adjacent to Jon's Landing subdivision,
which is currently being developed. The Applicant will construct a portion of South
58th Street in conjunction with the development of Jon's Landing subdivision to
provide for an urban standard street complete with curb, gutter, pavement, sidewalk,
street lights, and street trees.
. The APPLICANT proposes to provide public access to all proposed lots within the
subdivision via the dedication of public Right-of-way and the construction of urban
standard streets, complete with curb, gutter, pavement, sidewalk, street lights, and
street trees. The alignment ofthis Right-of-way will be required to coincide with the
existing Right-of-way of South 57th Place, which lies approximately 300 feet south
of the South line of the Property.
I. In order to facilitate orderly development of the r,v.-",lj and ensure the full provision of
key urban services that are satisfactory to the City and meet the City's conditions for an
affirmative recommendation for annexation to the Boundary Commission, or its successor,
and in exchange for the obligations of the City set forth below, APPLICANT shall comply
with all requirements imposed on APPLICANT in this Agreement.
Now, therefore based upon the foregoing. Recitals, which are specifically made a part of this
. Agreement, the parties agree as follows:
..AGREEMENT
1, Ohli"ations of APPLICANT.. Consistent with the above Recitals and subject to the issuance._
.of Subdivision Plat and Public Impro"l/ement Plan approvals, APPLICANT agrees to perform the.c" ',,>
. obligations set forth in this.sectiom ; .. .'..". .
1.1 Apply for, and obtain, Subdivision Tentative Plan approval from the City, pursuant
to Springfield Development Code Article 35, for a residential subdivision on fue
Property within six (6) months of the effective date of the Boundary Commission's,
or its successor's, approval of APPLICANT's annexation request. 1bis paragraph is
subject to the requirements of Paragraph 8, below. .
1.2 Apply for, and obtain, Subdivision Plat" approval from the City, pursuant to .
Springfield Development Code Article 35 for a residential subdivision on the
Property within two (2) years, unless extended by the City, of the date of the Limited
Land Use Decision issued by the City for Subdivision Tentative Plan approval issued
pursuant to Paragraph 1.1, above. 1bis paragraph is subject to the reqnirements of
Paragraph 8, below.
1.2.1 APPLICANT agrees and understands that the existing home, which is
proposed to remain on the f,"l'''' ~j, must be connected to a public sanitary
sewer system as part of the development of the Property, or within two years
of the effective date of this annexation request, whichever occurs first. In
ANNEXATION AGREEMENT - Page 4 of 13
Revision Date 1/16/08
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Planner: AL
addition, the existing septic system and drain field must be removed at}dlor
abandoned in accordance with City and Lane County standards and
regulations.
1.2.2 APPLICANT is required to participate, in the manner described herein, in the
construction of the Jasper Road Trunk Sewer.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-
built Plans, and Acceptance by the Common Council, and prior to Occupancy
Approval for any new structure on the Property, develop on-site and off-site public
sanitary sewer conveyance systems to provide sanitary sewer service to the
development as follows:
1.3.1
APPLICANT shall construct sanitary sewer systems to connect the existing
house which lies on the western portion of the Property to the existing eight
inch (8") sanitary sewer which lies within South 57'11 Street. If the connection
from this house to the existing eight inch (8") public sanitary sewer in South
57th Street cannot be made by means of a private gravity sewer lateral, the
Applicant will be allowed the option of extending a private gravity sewer
lateral from the house to the east and to a connection to the pror;sed public
gravity sewer system in theproposed right-of-way of S.outh 57 PlaCe:. .
APPLICANT shall also construct sanitary sewer systeni.S to connect the
eastern portion of the Property to the existing eight inch (8'.') sanitary sewer.
which lies within South 58th Street, or the extension of said existing eight .
inch (8") sanitary sewer which will be constructed as a part of an approved
. Pllblil; Improvement Project (PIP) for the Jon'~Lan,diIigS:\1lid.ivisiQn wlllcl1)s . ......
currently under construction. ..
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1.3.2 APPLICANT shalll''';'I''''~ the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
approvals necessary to construct the sanitary sewer systems described in
Paragraph 1.3.1, above..
1.3.3 APPLICANT shall bear the full cost and obligation to design and construct
the proposed sanitary sewer systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
permit applications and fees, legal costs, construction and inspection costs, .
and the preparation of As-built Plans.
1.3.4 Prior to or concurrent with the Subdivision Plat or Public Improvement Plan
approval by the City, whichever comes first, for any portion of the Property,
APPLICANT will provide a payment in full to the City equivalent to six
thousand dollars ($6,000.00) in December 2007 dollars. The actual payment
amount smiIl be determined by increasing the stated payment amount by the
percentage increase in the ENR 20-City Construction Cost Index. The base
ANNEXA nON AGREEMENT - Page 5 of 13
Revisioo Date 1116/08
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Planner: Al .
index to be used for this calculation shall be 8089.45 which is the published
index rate for December 2007. The City and the APPLICANT hereby agree
that such payment amount, in addition to the anticipated local Sanitary Sewer
Improvement SDC fees to be paid based upon the average residential
development density for the Property, is a fair share cost for the Jasper Road
Trunk Sewer. .
1.3.5 The APPLICANT agrees and understands that the City may initiate a Local
Improvement District (LID) to construct one or more off-site sanitary sewer
mains from the Jasper Road Trunk Sewer to the Property. In the event that
the City does initiate said LID, the APPLICANT hereby consents to the
formation of such LID and agrees to abide by the terms of Paragraph 6,
below. The APPLICANT further agrees and understands that the
construction of the Jasper Road Trunk Sewer does not include the
construction of said off-site sewer mains and that nothing in this Agreement
obligates the City to construct said off-site sewer mains at any given time.
The City anticipates that said off-site sewer mains will be constructed
concurrent with the development of the IflI1ds lying between the Property and
Jasper Road.
1.3.6 Prior to or concurrent with Subdivision Plat or Public Improvement Plan
up.-,,,/al by the City, whichever comes fIrst, for any portion of the Property,
APPLICANT will provide financial security acceptable to the City for all
costs associated with-theosanitary, sewer system construction described in
Paragraph 1.3.1., above. APPLICANT is directed to Paragraph 12 of this
Agreement concerningcurrentrequirementsin relation to regulations of the
Bureau of Labor and Inqustrieso(BQLI) and the p<lYxnent of prevailing rate of
wage. The cost of all construction to be completed which the City interprets
as being occupied or used by a public agency shall be estimated based upon
the prevailing rate of wage, and financial security shall be adequate to
provide for the payment of said prevailing rate of wage.
1.3 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-built
Plans, and AcceptanceOby the Common Council, and prior to Occupancy Approval for
any new structure on the Property, develop on-site and off-site public stormwater
management systems to provide drainage service to the development as follows:
1.4.1 APPLICANT shall construct public stormwater management systems to
collect, treat, convey, detain as deemed necessary, and discharge stormwater
from the Property and the upstream tributary areas via an on-site engineered
bioswale or mechanical filter system and public drainage easement, and into
the public stormwater lines.
1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other
ANNEXATION AGREEMENT - Page 6 of 13
Revision Date 1/16/08
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Galceran Annexation Agreementdoc
Date Received' ://IJ.O(}!'
Planner: Al
".-p'" vals necessary to construct the stormwater management system
described in Paragraph 1.4.1, above.
1.4.3 Grant to the City the easements necessary to access, operate, and maintain a
public stormwater management system on the Property. Easements for piped
portions of the system will be a minimum of fourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement. Easement widths for open channel portions of the system shall be
determined based upon the design width of the channel plus ten feet (10') on
one side and twenty-five feet (25') on the other side to accommodate access
and maintenance by City personnel and equipment. Actual easement widths
and locations will be determined during the Subdivision Tentative Plan
review.
1.4.4 APPLICANT shall bear the full cost and obligation to design and construct
the proposed stormwater management systems that connect to the existing
public systems, including but not limited to associated easements,
engineering costs, permit applications and fees, legal costs, construction and
inspection costs, and the preparation of As-built Plans.
1.4.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan. approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide fmancial security acceptable to the City
. ,..,..,for.albcosts,associatedwith-theabove stormwater management system. .. .
. .'.construction. APPLICANT is directed to Paragraph 12 of this Agreement
.. ..; ..concerning current requirements in relation to regulations of the Bureau of
.' , __ Lilb9i;md.In:dustries (BOLl) and the payment of prevailing rate of wage.
.:The cost of all construction to be completed which the City interprets as
.. being occupied or used by a public agency shall be estimated based upon the
prevailing rate of wage, and financial security shall be adequate to provide
for the payment of said prevailing rate of wage.
1.4.6 The APPLICANT agrees to pay a portion of the constrUction costs of future
downstream stormwater facilities, as described in Paragraph G of the Recitals
of this Agreement, due to the fact that no stormwater facilities currently exist
in the region. It is anticipated that obligations for a financial contribution to
downstream drainage improvements would be based upon total acreage
served and total runoff contributed by the development.
1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requisite As-bnilt
Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for
any new structure on the Property, develop on-site and off-site public street systems to
provide interconnected transportation service to the development as follows:
ANNEXATION AGREEMENT - Page 7 of 13
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1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct
fully-improved on_site and off-site public street systems to provide for the
logical and orderly extension of the following public streets:
1.5.1.1 Dedication of Right-of-way and construction to facilitate the
connection to and extension of 58th Street from the northeast comer
of the Property and westerly approximately 225 feet, as described in
Paragraph H of the Recitals of this Agreement. This construction,
shall be d"signed and performed in conjunction with the
construction of 58th Street which is associated with the Jon's
Landing development.
1.5.1.2 Dedication of Right-of-way and construction to provide public
access to all proposed lots within the Property, as described in
Paragraph H of the Recitals of this Agreement. .
1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other
supporting documentation necessary to obtain the permits and other .
approvals necessary to construct the transportation systems described in
Paragraph 1.5.1,above.
.......,::;-..
.1.5.3 APPLICANT shall bear the.full cost and obligation to design and construct.. .
'.,. the proposed transportation systems, including but not limited to associated, ,...
.'. .., ,,',right~of-way, easements; engineering costs, permit applications and.fees,,,;,,.,,;c,;., ... . ..
. .... . ",,'legal costs, construction aIid inspection costs, and the preparation ofAs-b~i1t,"."i,
Plans.
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.,< ,,} .5A-,,,.Prior to or concurrent with Subdivision Plat approval or Public hnprovement'". . . ..
. ,. Plan approval by the City, whichever comes fIrst, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above transportation system construction.
APPLICANT is directed to Paragraph 12 of this Agreement concerning.
current requirements in relation to regulations of the Bureau of Labor and
Industries (BOLl) and the payment of prevailing rate of wage. The cost of all
construction to.be completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage, and financial security shall be adequate to provide for the payment of
said prevailing rate of wage.
1.6. Provide and be financially responsible for the provision of any additional urban
facilities and services identified during the review and approval of the Subdivision
Tentative Plan and/or the Public hnprovement Plans as necessary to seive the
development of the. Property, including the construction aIid maintefiilllce thereof.
1. 7 In determining APPLICANT's share of costs for the improvements described in this
Agreeement, the full cost for the provision of the improvements at the time of .
ANNEXATION AGREEMENT - Page 8 of 13
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Date Received'
Planner: AL
7/1/~4
, I
construction shall be estimated. For the purposes of this Agreement, the full cost shall
include design, construction, acquisition ofland and/or easements, studies, permits
from all agencies havingjurisdiction,attomey's fees; and all other costs reasonably
associated with the implementation of the needed improvements.
2. Oblhmtions of City. Consistent with the above Recitals, City agrees to:
2.1 Initiate arid support annexation of the Property to the City before the Boundary
Commission, or its successor, and support APPLICANT's defense of any appeal of a
decision of the Boundary Commission, or its successor, annexing the Property to the
City. However, the City will not assume any financial respOnsibility to provide legal
counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
Covenants Runnim! 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
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. JhisAgreement 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 successorsininterestto APPLICANT,. :
,..'" '.ExecutionofthisAgreement is a precoriditionto 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.
3.
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.4.,. .. Limitations on the Develonment. No portion of the Property shall be developed prior to .the .
approval of a Subdivision Tentative Plan and Public Improvement Plans for the sanitary
sewer systems, stormwater management systems, and street improvements for the proposed
development.
5. Mutual Cooneration. City and APPLICANT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
6. Waiver ofRiQht 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 rernonstrance 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.
ANNEXATION AGREEMENT - Page 9 of 13
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Dat~ Received:~/tI..;i.1QJ"
Planner: AL .
7. Modification of AlITeement. This Agreement may only be modified in writing signed by
both parties. Any modifications to this A5,""ment shall require the approval of the
Springfield Common Council. 1bis Agreement shall not be modified such that the key
urban facilities and services as defmed in the Metro Plan Policy 8a and 8b, p.II-C-4 and as
required herein are not provided in a timely manner to the F,,,!,,,,~;,
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 the 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 its rights under Dolan v. City of Til!ard (512
U.S. _ 114 S. Ct.'2309, 1994) and by entering into this Agreement hereby waives any
requirement that the City demonstrate the public improvements and other obligations of
APPLICANT, for payments, fmancial responsibility and reimbursements set forth in Section
I, 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
DolaJl v. City of Tigard and cases int~'jJ,~,illgthe legal effect of Dolan arising out of the
actions described herein. .. . '" . ..
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10. J'lallot Measure 37. APPLICANT knows and Understands any rights it may have under
Oregon Revised Statutes (ORS) Chapter 197 as .amended ~y Billiot Measure 37 passed
November 2,2004. APPLICANT for itselfandits heirs, executors, assigns, administrators
and successors, hereby waives any claim or cause of action it may have under such ORS
provisions against the City.
11. Jnvaliditv. 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, enforc.eability, 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.
12. Comoliance With HE 2140. In accordance with House Bill 2140, the APPLICANT
acknowledges that 25 percent or more of the square footage of this PROJECT as completed
will be occupied or used by a public agency and that, accordingly this PROJECT is "public
works" within the meaning of ORS 297C.800(6)(a)(C).
I
The APPLICANT will require, as a condition of any contract for construction, that the
specifications for such contract shall contain a provision;
A. complying with the provisions ofORS 279C.830, with respect to the payment of the
ANNEXATION AGREEMENT - Page 10 of 13
Revision Date 1/16108
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GaIceran Annexation Agreementdoc
Dat€l Received:_",.:t/~'I..
Planner: AL
prevailing rate of wage;
. B. requiring that each and every contractor or subcontractor shall file such bonds as
may be required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each and every
provision of ORS279C.800 - 870, with respect to such PROJECT.
Any and all cost estimates shall be prepared on the basis of prevailing rates of wage.'
If the Commissioner of the Bureau of Labor and Industries shall have, pUrsuant to Section
44(2) of chapter xxx of Laws, 2007, as enacted by House Bill 2140, divided the
PROJECT to separate the part that are public works from the parts of the PROJECT that
are not public works, the foregoing provisions shall apply only to that portion of the
PROJECT that the Commissioner shall have determined to be "public works".
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ANNEXATION AGREEMENT - Page 11 of 13
Revision Date 1/16/08
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G8.Jceran Annexation .Agreementdoc .
Date Received:_3/~!Jd"'r
Planner: AL
6. a
DATED this J r.. day of :SQ."" ""'-1-,2009
IN Wl1NESS WHEREOF, the Applicant and.City have executed this Agreement as of the date first
herein above written.
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Ronald D. Galceran
(OWNER)
Karen 1. Galceran
(OWNER)
STATE OF OREGON
. COUNTY OF LANE
} ss
BElT REMEMBERED that on this / (" f>-dayof ~o.... ""'V ,200 e before .
me, the undersigned, a notarY public in and for said County ;;A;tate, personally .. ..
appeared the within naII).ed Ron~lrl n G~lcer~n ~nrl Karen T. Galcen>" .
whose identity was proved to me on the basis of satisfactory evidence and who executed the within:
. instrument and acknowledged to me that Ronald D. Galceran .and Karen L Galceran executed,.:
the same freely and voluntarily. .,.:.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and..-
yearlilst above written.. . '...
.-4P;:-!/~-
NOtavY.J'"ublic for Oregon
/
A,-<~",< I- I(,f!!../ 20 Ie)
My Coil\mission Expires
OFFIOIAt SEAt
JEFF PROCIW
NOTARY PUBLlO.OREGON
OOMMISSION NO. 409159
MY COMMISSION EXPIRES AUGUST 16, 2010 J
ANNEXA nON AGREEMENT -: Page 12 of 13
Revision D~ 1/16/08
V,ldevelopemeot reviewIDeveloprnent ApplicationsI2007\LRP20o7-1LRP2007-00022. Galceran AnnexationlLRP2007-00022
Galceran Annexation AgreemenLdoc
Date Received'
Planner: AL
,
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.
CITY OF SPRINGFIELD
By: ~ /.J It: "1';<-
o G~a'riltCit~"Manager
STATE OF OREGON
COUNTY OF LANE
} SS
A3N\:IOH\I All:J 00 3:J1:1:10
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BE IT REMEMBERED that onJ!:li.a~ day of :rilll,A '200 i? before me, the
underSign~ubliC in and for said County apdJ.;tate, personally appeared the within
named '11- whose identity was proved t~~..g,nthe basis of satisfactory evidence and
who by me duly sworn, did say that he is the Ci~lii!ager of the within named municipal
c"'i'",,,tion and does acknowledge said instrument to be the free act and deed of said municipal
corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal
corporation, and that said instrument was signed and sealed in behalf of said municipal Cv'i'",,,;ion
by authority of its Common Council.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal.the day and
year last above written.
....'..
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NOTARt/PUBLIC FOR OREGON.....
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; NOTARY PUBLIC: OREGON
<.. i COMMISSION NO. 397942
. . .... .'._ _. ~~~~~~!'RESNOV.22.2009
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. MY COMMISSION ExpIRES
ANNEXATION AGREEMENT - Page 13 of 13
Revision Dale 1/16/08
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Galceran Annexation Agreement.doc
Date Received:--..r4ha>P
Planner: AL
.
\
EXHIBIT A
. PROPERTY DESCRIPTION.
Beginning at a point in the center of County Road No. 452, in Section 4, Township 18
South, Range 2 West of the willamette Meridian, said 'point being <,on the We'st line of
the S. D. Gager Dop~tion.Land Claim No. 61. said Township and Range, 77S.4 feet North
of the Southwest corner of said claim, from .said beginning point run East 20.0 feet to
an iron pipe, marking the East line of said coun~y Road; thence continuing East 204./
feet to a total distance of 224.7 feet; thence North 96.92 feet; thence West 204.7
feet to an iron pipe in the East line of said County Road No. 452j thence continuing
West 20.0 feet to a point on the West line of said.S. D. Gager Land Claim: thence
South along. said West line, 96.92 feet to the place of beginning, in Lane County,
Oregon. ALSO: A piece of ground described as beginning at a point 30.0 feet East of
the centerline of County Road No. 452. said point also being 872.32 feet. North and
30.0 feet East of the Southwest corner of the S.' D. Gager Donation Land Claim No. 61
in Township 18 South, Range 2 West of the WillameteeMeridian; thence East 194.7 fee~;
thence. South 96.92 feet; thence East 224.7 feet, thence North 106.92 feet; thence West
419.4.feet; the~ce South 10.0 feet to the point of beginning, in Springfield, Lane
County, Oregon.
EXCEPT the portion conveyed to.Lane County in the Warranty Deed recorded
February 5, 1997,as Receptio~ No. 9707995, Official Records, in Lane County,
Oregon.
. ......
TOGETHER WITH THE FOLLOWING. DESCRIBED PARCEL: Beginning at a point 30 feet East of the
center line of County Road No, ~52, said point being 1033.07 feet North and 30. feet
East' 6.'f 'the' Southwest corner of the So' D. Gager 'Donation Lan9.:Claim .N.o._ fjl',._TPm1ship,.
, . 1:8 "Sb~th; :Range 2 Wes,t of the Willamette Meridian,; thence _Ea..st::.: .4i"9'.:4"-fe_et:,'.,:;then~e.',_. ..','.
. SouthlSiJ. 75 feet, thence West 419.4 feet, thence North 150:75,:feetto l:he.pclinto{
:,:,b~ginning,' ii,1- Lane County, Oregon. , ...-:'"<.: .~:.. ..., .,
. EXCEPT,'Beginningat a point 30 feet.East of thecenterl~.I)e Of.Co~n~yR'oad ~O~-,"
. 452, said point also being along the Right of way of County Road 1>10. .452; said
'.po.inc' 'a"ls'o-being'-1033.07 feet North ~n4 30 fee.t East"of .:the Southwest"corner.bf
tbe' s. D. 'Gager' Donation Land Claim 61, in Sect~on 4! _, _r_9~'~hip..,_'~_'a.:'s'6_titf1,.. Ran_ge__'- ~
'West. of the Willamette Meridianj thence East 1~4 .,40-.pe~t; thenc"e:" South "1'50..75:,:....:. '.'
feet; .thence' West 194'.40 feet; thence No:t:'th 1-50.75 fe~"t"to the'point..of . ,','.'
begi~ing, in Lane c?unty Oregon. "
Date, heceived:
Planner: AL
71/~;JCd
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.
EXu.u:sIT B
PROPOSED ANNEXATION
855 South 57th Street (Map 18-02-04-14, TL 200)
SUBJECT SllE
Springfield, OR
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RIDGE CREST DR
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~ ::' Within City limits
_ Not Wllhin City Umits
o 51' 1OO1'Hl
JuIy.2C07
Date. Received' . -:!IUP!
Planner: AL