HomeMy WebLinkAboutOrdinance 5754 08/15/1994
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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.
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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.
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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
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EXH I BIT "B"
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M E M 0 RAN DUM
City of Springfield
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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
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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:
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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
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EXHIBI.T "C"
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. 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.
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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.
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CIS ED #18-2
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.'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:
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TYPED OR PRINTE~ OF OWNERS:
(:JU11 k 1".1f -eE~
SIGNA4S OF ~
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County of Lane
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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
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CIS ED #18-2
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ATTACHMENT 1
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ATTACHMENT 2
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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.
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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
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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 ~
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__ 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.
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EXHIBIT A' :-
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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~
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