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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 2~~~.~~~~~~ $96.00 After Recording, Return to: ANNEXATION AGREEMENT -Page 1 of 13 Revision Date 1/16/08 V:ldeve1opement ieview\Developrnent ApplicationsI2007\LRP2007-ILRP2007-OOO22, Galceran Annexation\LRP2007-00022 Galceran Annexation Agreerneotdoc Date Received:-3J!!/;t>>f 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 Revision Date 1/16/08 V:\developernent reviewIDeveloprnent ApplieationsI2007\LRP2007-\LRP2007-00022, Galeeran AnnexalionlLRP2007-00022 Galceran Annexation Agreementdoc . Date Heceived: Planner: AL 7J;i/PMf I . 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 'Ii :ldevelopemeot reviewIDeveloprneot Applicationsl2007\LRP2007-ILRP2007-00022, Galceran AnnexationlLRP2007-{)0022 Galceran Annexation Agreement.doc Date t'{eceived:*hoDl" Planner: AL . 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 V:\deve1opernent review\Developrnent Appllcations\2007\LRP2007-ILRP2007-OO022, Galeeran AnnexationILRP2007 -00022 Galceran Annexation Agreementdoc Date f<Gceived: f!>>O! 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. .. ""."' . ". "". ~ v' ~. ..:,:..... 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 V:ldevelopement review\Development Applicationsl2007\LRP2007-1LRP2007-OO022, Ga1ceran AnnexationlLRP2007-{)()022 Galceran Annexation Agreementdoc Dat~1 [;0C8ived: :/;/:;aOf 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 V:ldevelopernent review\Developrnent Applicationsl2007\LRP2007-1LRP2007-00022, Galceran AnnexationlLRP2007-OO022 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 Revision Date 1/16108 V:\deveJopemenl review\Developmeot Applicationsl2007\LRP2007-ILRP2007-OOO22, Galceran AnnexatiQnILRP2007-00022 Galceran Annexation Agreementdoc Date Received:.....:;I!,70dt Planner: AL . 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. ':'.:,." . ...,',~"" :,i",".,'::i.~-, .,< ,,} .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 Revision Date 1/16/08 V:\developemeot reviewIDevelopmeot ApplieationsI2007\LRP2007-ILRP2007-Ooo22, Galeeran AnnexatioolLRP2007-OOO22 GalceTan Annexation Agre~ment.doc 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. ....' ." _.A...-'. ":.",:".. . . ....-.'...,. .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 Revision Date 1/16/08 V:\developement reviewIDevelopment AppIicatlonsI2007\LRP2007-1LRP2007-(JOO22, Galeeron AnnexationILRP2007-00022 Galceran Annexation AgreerpenLdoc 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. .. . '" . .. .... ; .-. " ..... .n..'.;,.....:'.:..;.-: . 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 . V:ldeveiopernent reviewIDeveloprnent Applicationsl2007\LRP2007-ILRP2007-00022, Galceran AnnexationlLRP2007-D0022 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". ....., . -". ~.... . '.. . '....,. ,"..,'." ".,.,'.",. ... " i ":~":~"" . ""',"',, .., '- ',' ANNEXATION AGREEMENT - Page 11 of 13 Revision Date 1/16/08 V:\developernent review\Developrnent ApplicationsI2007\LRP2007-1LRP2007-D0022. Galceran AnnexationlLRP2007-DOO22 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. ~~dt~ ;~Gt/ tt/.f' Ko.A 1 AA-J 'f ~.I/1AAu I U 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 , f/~&' . . 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 5/.'" S I L :31if~ L-+" *'o/2r\~ ~"Vfo,~ w~!::JO;:! uJ_ S\;J "~'\f"UP'.: ,,, ":",,.:n:'\:;." tJ~J tHJG<J1I t. ~"'=';!...B~ ...:I~ 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. ....'.. .~,~... NOTARt/PUBLIC FOR OREGON..... ':':.:";. .. .. '. .- --_.-,' ,~ \j ~ ru,'t"-';''W':- ; NOTARY PUBLIC: OREGON <.. i COMMISSION NO. 397942 . . .... .'._ _. ~~~~~~!'RESNOV.22.2009 ..."....,.,.. . I {.,..,~/j(;~ 1 . MY COMMISSION ExpIRES ANNEXATION AGREEMENT - Page 13 of 13 Revision Dale 1/16/08 V:\developemeot reviewIDeveloprnent Applicationsl2007\LRP2007-\LRP2007-OOO22, Galceran Annexatioo\LRP2007-oo022 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 / / . EXu.u:sIT B PROPOSED ANNEXATION 855 South 57th Street (Map 18-02-04-14, TL 200) SUBJECT SllE Springfield, OR /\ \ \ . , ,",;"'h' RIDGE CREST DR 1111/ - ~~,",,~I1rct/KC~tlbptVh:l lbt",_d"CfI'llIISN/(I'pctl''-OI'~1lriIJ1If JJ-..ym..r.-=~Q'plliMtd_QllWTqiJ:bptPdwc1 ~ ::' Within City limits _ Not Wllhin City Umits o 51' 1OO1'Hl JuIy.2C07 Date. Received' . -:!IUP! Planner: AL