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HomeMy WebLinkAboutOrdinance 5754 08/15/1994 . . . ~ -;. ORDINANCE NO. 5754 (Special) AN ORDINANCE LEVYING ASSESSMENTS FOR STREET AND SEWER IMPROVEMENTS TO ASTER STREET, 58TH STREET EAST AND VICINITY (1-847), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: In accordance with Section 2-1-3 of the Springfield City Code, an engineer's report was filed in the office of the Finance Director on August 27, 1993 for street and sewer improvements on Aster Street, 58th Street East and vicinity (project 1-847) in the City of Springfield, Oregon, for the total area more particularly described in the attached Exhibit "A". The engineer's report is also attached, labeled Exhibit "B" and is thereby made a part of this ordinance. This project was completed under the waiver procedure, in which property owners waive notice, public hearings, and all irregularities in the assessment proceedings. A copy of the waiver is attached and labeled Exhibit "C". Section 2: The total cost of the improvement construction, based upon the contract awarded, was $39,492.77 and the entire amount is hereby assessed against the property benefited by the improvement and in the reputed ownership of persons named as follows: (See Exhibit "A") Section 3: The council hereby declares the assessments set forth to be liens upon the property and orders the Finance Director to enter the liens in the City lien docket to be collected in accordance with existing statutory provisions governing assessments for City improvements. The lien docket entry shall include a complete legal description of the property assessed, the name of the reputed owner or owners, the amount' of. the assessment, and the number of this authorizing ordinance. Section 4: It is hereby found and determined by the Common Council, that matters pertaining to public improvements, and assessments therefore, are matters affecting the public health, safety and welfare, and t~at an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. ~ ;; ADOPTED by the Common Council of the City of Springfield by a . vote of 6 in favor and 0 against this 15th day of Auaust , 1994. APPROVED by the Mayor of the City of Springfield this 15th day of Auaust , 1994. ;- ~:'-~;J"':. ~~~ ;; 1\;]~J~.~O\l=~ :~~ ~ ~~\~ [ .":;-\~. :E~~Lb 2\ ~\~ &t\.~~~ Ch:C;~: c:: en-v ATTom~EV cr":'''' ,.' (;.:.;::t~,jGr-iELD . . . . . ~ " Ordinance No. 5754 Page 1 of 1 EXHIBIT "A" PROJECT NO. 1-847 ASTER STREET IMPROVEMENTS DESCRIPTION OF ASSESSABLE PROPERTIES Frank G. Trotter $23,695.67 41496 Mckenzie Highway Springfield, Oregon 97478 On: 5875 Main Street Parcel 1, Land Partition Plat No. 94-P0473, as platted and recorded in Lane County Partition Records in Lane County, Oregon Part of TL 17 02 34 33 0200 Frank G. Trotter $7,898.55 41496 Mckenzie Highway Springfield, Oregon 97478 On: Vacant Parcel 2, Land Partition Plat No. 94-P0473, as platted and recorded in Lane County Partition Records in Lane County, Oregon Part of TL 17 02 34 33 0200 Frank G. Trotter $7,898.55 41496 Mckenzie Highway Springfield, Oregon 97478 On: Vacant Parcel 3, Land Partition Plat No. 94-P0473, as platted and recorded in Lane County Partition Records in Lane County, Oregon Part of TL 1 T 02 34 33 0200 . EXH I BIT "B" ~ : ============================================================================== M E M 0 RAN DUM City of Springfield ============================================================================== Date: Auqust 27. 1993 To: Pat Coleman. Acting Finance Director From: Al Peroutka. City Engineer Subject: Engineer's Report: Improvement Project No. 1-847 Improvement Project Name: Aster Street Improvements from 5800 Block . to 59th Street. and Vicinity. 1.00 In accordance with Section 2-1-3 of the Springfield Code. the following is submitted for your action(s): 1.10 Description: Street. Drainage and Sanitary Sewer Improvements for subject project. 1.20 Dimensions of project. owners of benefiting properties. and boundaries of assessment area are shown on the contract dravJi ng. 2.00 Engineer's Estimated Costs (Final actual cost will be determined upon completion of the project): 2.40 . L.F. = lineal feet 2.10 2.20 2.30 S.F. = square feet Total Estimated City Property Property Cost Cost Cost Cost Prooertv Owner Cost Pav~ng. Curbs. Storm and Sanitary Sewer Costs $ 26.000 0 $ 26.000 N/A Engineering and Administrative Costs $ 11.000 0 $ 11. 000 N/A Total $ 37.000 0 $ 37.000 N/A . 3.00 Resolution of Intent to Improve No. 93-29; Date of adoption June 21. 1993 4.00 Please proceed with the preparation and execution of the following documents in accordance with Sec. 2-1-4. 2-1-5. and 2-1-6 of the Springfield Code: 4.10 Public Hearinq: .11 Date of Hearing WAIVED . .12 Publish Notice of Hearing on N/A and NIA . .13 Furnish Engineering Office with~copies of the Public Hearing notice. CIS ED //65 Rev. 4/82 . Acct. No. Acct. No. Acct. No. 6.00 The fo 11 owi ng. project: . . . ' En~ineer's Report for Project No. 1-847 Page 2 4.20 Invitation to Bidders: 4.21 Bids will be received on AUQust 26. 1993 by the Finance Director. 4.22 Publish Invitation on AUQust 14 and AUQust 18 in the Springfield News and the Daily Journal of Commerce. 4.23 This project is XXX not/ partially/ wholly federally funded (federal funding requires special wording in the Invitation to Bidders). 4.24 Federal Funds (if involved) are made available by the fo11olving: U.S. Dept. of Housing and Urban Development under the Housing Community Development Block Grant ("C.D.B.G. ") Program. U.S. Dept. of Treasure under the Federal Revenue Sharing Program ("F.R.S.") U.S. Dept. of under the program. 4.30 Tenative a\vard date for this project is 5.00 This project will be funded as follows: SeDtember 7 1993 5.10 Source 5.20 Estimated Amount 5.30 EXDlanation S50.000 Assessable if any. are sDecial considerations pertinent to this 6.10 This project is included in the adopted 1993-94 budget. 6.20 CIS ED #65 Rev. 4/82 /, -I) -) 0 ,~:J93 /'"',1 !\... I..; ;'oJ I.: \~AIVER EXHIBI.T "C" ~. . WHEREAS, the undersigned, the.sieveloper or subdivider, desire to construct (Name of Improvement) r J{ ~ ][ Improvement of Aster Street in uncompleted section t... 4.AA "'\) elf between S. 58th Street and S. 59th Street (Type of Improvements) 9 Paving g Storm Drainage g-y,Ja-ter Lines [I Curbs and Gutters [I Sanitary Sewers [l Engineering fl Sidewalks o-s t-ffct-l-;-g h t s o Other (Specify) HOW, THEREFORE, the unders i gned hereby cons'ent that the Ci ty of Spri ngfi e 1 d, Oregon may construct said improvement(s) and let the contract in any manner it deems most advantageous and without holding a public hearing or advertising for bids therefor, and the undersigned hereby waive notice to construct said improvement(s) as is provided in said Springfield City Code and also waive notice of the assessment against said property for the construction of the same including City Engineer's charges, and hereby expressly waive any and all irregularities in the proceedings and hereby ratify and confirm all that may be done in the premises and consent that certain costs of the construction of said improvement(s), including City Engineer's charges for administration, legal fees, supervision, inspection, and advertising may be assessed against said described property. This waiver shall include all matters pertaining to the contract to be let including any changes, by Change Order or othen~ise, in the scope or extent of the contract ancillery to the intent of the contract which may be deemed necessary by the Publ ic \~orks Department of the City of Springfield. . The undersigned waive any rights to remonstrate against the addition of any adjacent property at the discretion of the City Engineer to the contract to be let as long as the inclusion of adjacent property will not result in greater cost to the original signers. FURTHERMORE, the undersigned waive any rights to contribution or sharing of costs by the City of Springfield under existing City policies or policies which may be hereafter adopted. It is acknowedged by the undersigned that submittal to and acceptance by the City of this waiver shall in no way obligate the City to provide Bancroft financing for the above- described improvements. Further, the City does not guarantee the sale or disposition of any warrants issued in payment for the above-described improvements. As of the date below, the undersigned hereby certify that any and all owners of property subject to assessment for the above-described improvements are as listed directly hereunder, and further that this waiver shall have no legal effect unless all named owners have signed this instrument (or an exact copy hereof) opposite their names below. . CIS ED #18-2 1 of 2 .'The dnders;gned agree to defend, indemnify and hold the City harmless from all liability and actions which might arise in the event that all owners of property affected by this .waiver as of the date below are not listed herein and further agree that the undersigned will be responsible for payment of any assessments which would otherwise be the responsibility of such unlisted owners. DATED: ~. /b' qJ , TYPED OR PRINTE~ OF OWNERS: (:JU11 k 1".1f -eE~ SIGNA4S OF ~ A1~" (,:1Ji) . County of Lane ) ) ss. ) STATE OF OREGON Subscri bed and sworn to before me thi s 16 day of APRE 01717 ' (p otary 19 93 Dated Dr-~~ I G, iqCL?:l . '. I DOIi;;'~..''tffpIt n r."" ...... L LDSaIlIEI I" 8lOWI'r M l'JIKlilOII '. ~)~ IIQ.'em:JI .In'~~_12.1t97 CIS ED #18-2 2 of 2 ATTACHMENT 1 ; ...... .. .. . Dl ~- ,.--'--- --- cJJ.~ -..-, ~~1; ~ ' ft\ --- __1~:: _.. ...... ~rE ---"'. .-. ..e.. 1 ~ ~ ~, ....G' .... .... ~' ::;: .. ,G<Q. ". . ;.;: v..., . .. ~ ~ II . ~i I ~( rr(" ~ t:h.J IlIi Ii I ~'r ~nll II III LnIAr\' ?~u..u ~~.JHFBf=l1 EPm3 ~ ~ . :~~~/~ mi~" IltllllH I I I ~ - 111111111111 L- ClTYr- _ -l I I i;I; 1m c ::; s: ::;:..,- 17 NY ')- 1-~ , K ~ 1......, ~ I 111 r- I :1: ~ .' i- .,., 't'1\ ~ ... L~~ l.l~ ~ ~t: FP ffiB3ffi3 - ~ J.. ..... I- 11 5-i: h ,1111- III I I I I 1 ' f2fl3=1- 1I ~ I- ~;, IIII ~ tr:IIi. Irl- I- ~f~t1; ~ I- WAf ~~i~' 1~ T f I ~ I- 1 h,r....w H +1I-t-l I f--- UGB i I II ) I ~I r mm ":, .. ,I ,{ I I " I I II ~ I- r t- I H' -J , ,\:' II ~Ii~ \ ~ ~_I:I\III1I1IJ~IIII~~ ~ ~ '/:~ II ~~~I~ /~ ~Ir l=illLn~=TYI:~:'IIII1J~ n I 105 -- - 'l' . . . ,. "7:~U'Y~ 14:1b ~ . " ~_~. J t: j- l! lJl:._~. ::J1:..f\ . Lt'J ...., '-'~' ATTACHMENT 2 ,; , . .. .. 9450898 STATF-1\1ENT OF OWNERS ,- CONSENT TO ANNEXATION FOR UF-IO URBAN FRINGE OVERLAY DISTRICT PROPERTIES ATIACHMENT 3 The following individuals and entity own 100% of the property propossed in the attached agreement with the City of Springfield: Earl L. & Christina F. McElhany ~ f L",At f1.~ 2600North31St. C-~~ ~ __ __c~ , Springfield, OR 97477' y DeonisL, & Delores J. Wartenbee & iKW~ 2742 Locust ; ~ (/_~--~ ~ Springfield, OR 97477 (7 Development Resource corpor.rtion~-."- ~LA<. CoQJ~..v 975 Wllligillespie Road _ _~_ ..,./.t'1 ~ f)-..J7 r,~~ Eugene, OR 97401 /' In WItNESS 'WHEREOF. the above owner has set their hand and seal this ---L2'i--1- day of L0 v? . 1994. L 2. .... ... .:>. STATE OF OREGON, County of Lane ) 55,-K... . ~ersonallY ap~efore me this 17 - the WIthin named -,' [ t C;; S the foregoing instrument to be their voluntary act and deec:L ..f~. f --r /' U4y 0 "L...!".()A.).<;::-' , 1994, who acknowledged Sl:~~o Q-;;Ie sk>bL~ N tary Pti lie of Oregon My commission expires: \. 'J \ ,--€I, \ Q ~ .' __ OffiCIAL SEAL . - ~. J!!SEFHIGE r..L dr.OTQv... """,.' NOTARY PUBLIC-OREGON COMMISSION NO.015S80 MY COMMISSION EXPIRES JUNE 2.6. 1996 The above owners own real property identified as follows: Map 17-03-24-0-0 Tax lot 706, Tax lot 707 and the southern Dortion of Tax lot 705 within the Urban Growth Bounchy. Legal description: see attached Exhibit A. c: ~~- cr~ :: '"= :.J ... ""U ;~ ~ ..:::~... -c-= ~ gc:: ~~~ or.. ~ ~.~ l~ ~..::. ~ ..- G ~ ~ ~ ~ :. c~.: "T g-c~q. ~f~~ >- = ~ '" ... ~ . ~~ ~~~. ~; -:;:; - ;.....-=-. ~~ ! :.::;:.::; I cc C') aJ C l.~ ~ ~ a: ,... I'- 0') ~ <>1 'f' r:~ o :: ~~ ~,...I o~ o~ .= = ~,~ (J) '" '" -. >. . 07/20!94 14:15 , ... -" :' -;t : S450~97 ~~... SP,FD DE\' - ~ER- !4l 00,7 . . -- EXHIBIT A' :- -', BCf,mn-tnt ;ti: the Lme County Brass Cap in. a mmmmem case r!1~g the ~-est comer of we F~SarttJt: Dmmtian.I;mdClaim.No.. 51,inSectian2S~ Township 17 ~Range3 West of the WiIJ~~ M~;:m ~ 1D~ North {'f' 03' 43& West 2893.19 fCer. to animn rod 1i'iith, an 1 inch alu.mWw=cap m~rlrP.d "'East Line ~g; thence Narth ere 30' 24- East 162..]6 :&et m a 5l& imili irQt1.IOd With. a plastic ~ ~M IlJiESS PLS SSP'; 1hence N<tt1h 890 42t 1211 West 393.03- m to the llwr. POlN'1." OF BEGINNING; ihtmce ~ Nanh ggo 42' 11.e Wi25L 365.0:5ft-ct=, tneu.<;e Nurth. Qt> n5 og"i West 1050.00 feet; ~ Nodi 1.1/' s.s S1'! "F.a:;;i' 377.18 rver; tfu:nce Scmh 00 ne 1 g" East 115ROO feet to the TRUE POINT OF BEGtNNn~n;:fu Lane Comny" o~ ~ 9.22 s.c:res.. t'- ~ (lj =' l.n ~ :;n '" '" - I I;;; ILl C ~" ~- Oc "0>,. t:,jC ~ e cnU c; ~~- ~ ?; .-: -:E~~ - '-' ~ .... ~ ... ~-~ 0:::: ,..-.=:. t=:="'C' l- :;- -- ~ ~ 0"- -i ~ ~ r~' ~..;;. ~ ...,. ~2:r: C'\1 :.,..-;; --" f~: ~ - '" u:::"; ~ E~E ") - - :/". -:(j'; ~ ..... S; ..- (; CJ c:::: .Ii ~ ~ c:: ':.> c=: , < Q.>< '-'-'- t.:-;.I au ~~ (J0 ~~ ~ ~ >-- l:; (j)