HomeMy WebLinkAboutLegal Miscellaneous 2001-11-5
. ,
-e
11t1111.rr:eivt 1M ~
,. -
After Recording Retern To:
490 south 79th. street
~~~1.m9D~
I 11111111\ 1111111111111 II\' 1111111111111111 $36.00
JJ~2~8952001007396400J~035 11/05/2001 02:56:41 PM
RPR-NT Cnt=l Stn=3 CASHIER 02
$15.00 $10.00 $11.00
Division of Chief Deputy Clerk
Lane County Deeds and Records
')Ip
FDbert G. Kokotan
springfield ore. 97478
. . /NOTlCEO;,u,N';;"'TlONAGREEMENT ~
. .~oTi~E'OF~IVENTHAT )fJ~/lA^ Q W~ J fiAJ;,,~ . W, Dlt>~ ,
hereinafter referred to as the Owner and dJy of SprinQfleld: a municipal corporation of the State of
Oregon, hereinafter referred to as the City, on the I fn hf day of Cl,.,.i-.,.,! J\ . 20 n I
entered into an agreement goveming an annexation to the city of real property identified as
Tax Lot 1,-62.:3(;"'"":l,('\ Assessor's Map Ima \\ of) ,a legal description of which is
attached as Exhibit "A" and incorporated by reference, herein.
The use and development of the above property is govemed by the terms and conditions of the
Consent to Annexation document signed by the Owner and the City. The Consent to Annexation
document is filed in the Development Services Division of the City, to which reference is hereby made
for all matters and things therein contained. This agreement is binding on the Owner' heirs, assigns
and successors in interest to the Property.
As used herein, the singular shall include the plural and the plural shall include the singular.
In WITNESS WHEREOF, the Owner has set their hand and seal this ~{,,~ay of
().- '-rJ Ie: ~.7' ,20 0 I .
By: 'lQjJn/?4 1-.. QJ hr
, wner tI
f- ') o/75.ik../fJ.u 2" ~ ~
Address
By:
;X;~~,
Owner / ,/. t::7 b
7797--:5t1~?;..- ~. X1(
Address . / ~
y.fJd
STATE OF OREGON, County of Lane} ss.
. Personally app~~red before me this\t.~ay of _"'c..,{"o~~\7 . 20 n 1, ,the within
named ]O,,~-...>~. '": ~u=.,...., . '\ -O~, .....}:I . who acknowl~dg" the foregoing
instrum~nt t~.t_~~_t~_e~~~~~~ntary act and deed. rJ/""Y r ~ -
r.--- LLO'if6'~~<3t~ERT N~~f~
'( -.' NOTARY PUBLIC. OREGON ~
---- ./ COMMISSION NO. 313208 .. . /
4.,~...,~;.__t~Y;~~=~;~~~~:4.2U01:-_ My CommIssion Expires: Le., 7
..Jf\ WITNESS WHEREOF, The Director of Designee has set their hand and seal this8 r day
of (I...>'6:r-- , 20~ /J
By: ~~I/#~/
Derpjt1'eot"serviclfs Director/of the City of Springfield
STATE OF OREGON, County of Lane} ss.
Personally appeareQ befRre me this 1J I day of =-1)ch \.?r/ . 20 (; ( , the within named
m J I v. /\ht ~ , who ack owledged th~egOing instrument tot
be their voluntary act and deed.
1.-'" - ~ ,,-.- -;~~;J~*~j~;~'E-; - - -] ry Public of Or n
; NOTARY PUBLIC - OREGON
COMMISSION NO. 332473 .. . ~n ~IL-
L u _ w. ~Y>~~'~I~~.E~P~S. ~~ ~7; ~O~4" My Commission EXPires:. 0 . (7(A..J"1
This Notice of Agreement shall be, recorded by the Owner in the Deeds and Records Department at he lane
County Courthouse. The original of this Document shall be returned to the Development Services Department,
City of Springfield, 225 Fifth Street, Springfield, Oregon 974n.. The recordation of this Document shall be
considered Notice of Agreement.
NOTICE OF ANNEXATION AGREEMENT
5
.':..'
. .
.' , CONSENT TO ANNEXATION
FOR UF-10 URBAN FRINGE OVERLAY DISTRICT6 PROPERTIES
To: The City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as
City.
I L'T'
This is a Consent to Annexation by .~,f/ 7;J7Cn {] -f1 A~ /o...~!)'i!..."''''N 3> . 1>0....6'1
A-~....., h. w:;;. \ I'P- W. ~....... \<; ~ ..;,r;ereinafter referred to as Owner.
RECITALS: The Owner represents the following:
1. The Owner possesses real property, hereinafter referred to as Property, more particularly
described in Exhibit "A", attached hereto and made a part hereof, located outside City Limits,
but within the adopted Urban Growth Boundary depicted in the Eugene-Springfield
Metropolitan Area General Plan.
2. The UF-1 0 Urban Fringe Overlay District described in Article 29 of the Springfield
Development Code, hereinafter referred to as SDC, has been applied to property.
3. By the terms of SDC, Section 29.070(1 )(a), the Consent of Annexation, hereinafter referred to
as this Document, is required as a precondition to allow of the land use activity or development
desired by the Owner.
AGREEMENT:
The Owner consents as follows:
1. The Owner irrevocably consents to annexation of the Property to the City in consideration
for the allowance by the City of land use activity or development.
2. The Owner consents that the City Council, in its sole discretion, now or at any time
hereinafter, may adopt a resolution initiating annexatiol') under ORS 199.490 and 222.170
or any other applicable law or statute. The Owner consents to including in such proceeding
any other land the City Council may direct or which the Owner had petitioned and
consented to the annexation.
3. The Owner understands and consents that this Document may be used by the City to meet
the requirements of ORS 199.490 and 222.170.
4. The Owner also irrevocably authorizes the City to present this Document to the Lane
County Local Government Boundary Commission to initiate any minor boundary change
under ORS 199.490(1) as an interim measure to provide service to the Property prior to
annexation to the City.
5. The Owner consents, pursuant to ORS 222.115, that the Owner and any and all heirs,
successors and assigns with an interest in the Property shall be bound by this Document,
which shall run with the Property.
6. The Owner shall obtain the City's approval for any new land use activity or development,
change of land use activity or development, or intensification of land use activity or
development of the Property. The City will grant approval of the land use activity or
development if it is in compliance with applicable plans, policies, and standards as
interpreted by the City.
CONSENT TO ANNEXATION 2
,7: .
In consideration of teocument, the City agrees that the _perty may receive municipal
services from the City and the Owner may undertake the development of the Property in
accordance with City Plans, policies and standards and with the applicable requirements of
Lane County.
, 8.
As used herein, the singular shall include the plural and the plural shall include the singular.
Contemporaneously with the execution of this Consent to Annexation, the Owner is executing a
separate Waiver of Time Limitation form, pursuant to ORS 222.173, attached hereto and made part
of, as a condition of signing this Document.
In WITNESS WHEREOF, the Owner has set their hand and seal this It:> A day of
<f)cJo ~ , 20.Q.L; and with the above signature, I am verifying that I have the authority to
consent to the above on my own behalf or on behalf of my fi~nCY or trus~ ././
By: 21.d7?7~ !L A-.f~ By: /. Y V' ~
Owner (/ Owner?/
)). crt ~ fi1c1.m~ ~ ,-:-...0(,/ ZZ97~ II)/, ~>,""/~, ,y.,I:
Address '~Address '
STATE OF OREGON, County of Lane} ss.
Elsie W. Dolby,
,-&Re~
My Commission Expires: ~ /1..{ 107
'/
In.WITNESS WHEREQF, The Director or Designee has S!!t their hand and seal this
:':5 l~o/~~;~tr1 .
~L!me)'it Services Directof of the City of Springfield
STATE OF OREGON, County of Lane} ss. fl. I JI :,.-
Personally appeared before me this 'lJ \ day of lL-f1)\QuV , 20 fJJ . the
acknowledged the foregoing instrument to be their voluntary act and deed.
_. -.---.. '''Q'F~ICIA~S~~E.S--'-'V;\
BRENDA JON
.. 'NOTARY PUBLIC, OREGON
____ i COMMISSION NO, 332473
. "', ,/ MY CllMMISSION EXPIRES MAY 17. 1004 J.
~4~A"C"..u y
..c<t" ---~~~ #~
My Commission Expires: ~ rI :JctA-
CONSENT TO ANNEXATION
3
WAeR OF TIME LIMIT ON CONSENT. ANNEXATION
AN ADDENDUM TO THE CONSENT TO ANNEXATION DOCUMENT
.~ j!fi
WHEREAS, the Owner has executed a Consent to Annexation document to the City on
the /~/t day of f'1ko l'-'-^. , 200 I , entered into an agreementgoveming an
annexation to the City of real property identified as Tax Lot 1'7 ..oz - ~b---S()Assessor's
Map 10<:0, I t On ,a legal description of which is attached as Exhibit "A" and
incorporated by reference, herein. And is attached hereto; and
WHEREAS, for the purpose of authorizing an annexation under ORD 222.170 or under
a proceeding initiated by ORS 199.490, only statements of Consent to Annexation which are
filed within anyone-year period shall be effective, unless a separate written Waiver of Time
Limit document forgoing the One-year period or prescribing some other period of time has
been entered into between an owner of Land and the City; and
WHEREAS, the Owner signing this Waiver of Time Limit, will comply with the tems of .
the Consent to Annexation document so that the Consent to Annexation document will be
effective without regard to the one-year limitation under Oregon Law.
NOW THEREFORE, in consideration for the City's agreement that the Owner's Property
may receive municipal services from the City and the Owner may undertake development of
the Property in accordance with the SDC and other applicable City plans. policies and
standards and with the requirements of Lane County, the Owner hereby agrees to waive the
one-year period, pursuant to ORS 222.173. This Waiver of Time Limit is binding upon the
Owner, the Owner's heirs, assigns and successors in interest to the Property possessed by the
Owner.
In WITNESS WHEREOF, the Owner has set their hand and seal this \(.,t~ay of
_tr)( ,'{"'''' f\cl'7 .20 ,CJ:l \ .
By: b".ut L ~
Owner v
By:
tL~ )/ {k"
,?/
Owner
1-199J;-..Mchn~~ ~
Address
77'77 6 JI~ .,,'~ If,. C:A #
Address ~
STATE OF OREGON, County of Lane} ss. ,
Personally appeared before me this lfa-*'. day of (!) c:...'- .:> Ii c8L. ,20.f2L-. the
within named ~"~No.AN-:r..t EL-<;I~ t..1\. i:::>",...i\"> who acknowledged the
foregoing instrument to be their voluntary act and deed.
~~~,,,,:,.:';;',':'':';;'::';'";''''.-.j__'~:''' po" ,,' --.." .:......,........~
:i( ~~~~'-' N~~~~~~J~~~~~~ ~
~ ...- COMMISSION NO. 313208
. MY CDr,\MI$SION EXP1IIfS JUra 4, 1002
"
~~/
rl
tarY Iic ~egon .
My Commission Expires: ~'Z....
This Waiver of Time Limit shall be, recorded by the Owner in the Deeds and records
Department at the Lane County Courthouse. The original of this Document shall be returned
to the Development Services Department, City of Springfield, 225 Fifth Street, Springfield,
Oregon 97477
WAIVER OF TIME LIMIT
4
,
.
,;t"ri,~~,;~,~,II' ;~III;IIJ~~I~;111I1 2001.:~~1~;
00289825200200341110020022
05/01/2002 11:16:27 AM
CASHIER 01
~I'
.'
RPR-OECL Cnl=1 Stn=5
,--$10.00 $10.00 $11,00
DECLARATION --
--~
1. Owner(s). Norman J. Dolbv and Elsie W. Dolbv
is/are the fee owner(s) of the real property located in Lane County
Oregon more particularly described and set forth in Exhibit "A".
2. Extraterritorial Extension. Owner(s) have requested that: the
City of Springfield initiate an extraterritorial water line extension
to Owner(s), real property located outside the present city limits of
the City of Springfield and within the City of Springfield Metro Plan
Urban Growth Boundary; the City of Springfield request the Lane County
Local Government Boundary Commission to approve the extension; and, in
the event of such approval that the City allow construction of such
extension.
3. Notice. Owner(s) acknowledge that Owner(s) have been informed by
the City of Springfield that sanitary sewer service and stormwater
capacity may be unavailable to the real property and in the event of
such unavailability the City of Springfield may take the position that
the division or subdivision of the real property described in Exhibit
"A" is inappropriate until such time as sanitary sewer service and
stormwater capacity is available. Accordingly, the Owner(s)
understand that the City of Springfield may withhold approval of any
application for land division, including partition or subdivision, for
the real property more particularly described and set forth in Exhibit
"AU until such time as sanitary sewer service and stormwater capacity
is available to such property.
4. Purpose of Notice. This notice is placed upon the property by
Owner(s) so that all parties and persons including heirs, successors,
and assigns claiming under them has notice of the position of the City
i Springfield ~s set forth in sea:", )/ a
er ~ - Property owner~
STATE OF OREGON
ss.
County of Lane
Personally appeared before.me this 25th. day of Aoril
2002, the above named Norman J. Dolby and acknowl~dged the
.'-U'-C"'U':.6'FFfCiALSEAL~:~ ~;> be h~iSI'~.~~i!!!{ vOk.u~unta.~y, act a ~deed.
. . ANNA MAE MIGLlORETTO
. i NOTARY PUBlIG . OREGON
" ,,' COMMISSION NO. 339386 . /f-k
MY COMMISSIO>i fXPtRES NOV. 8. 2004 Notary Public forv~egon
My Commission Expires: 11/8/2004
STATE OF OREGON
ss.
County of Lane
Personally appeared before me this 25th.
2002, the above named Elsie W. Dolby ,
foregoing instrument to be h;t1he~volu~tary act
. I (~.f&>u.l.
. OFFICIAL SEAL N. t Publ'
ANNA MAE MIGLlORETTO 0 ary ~c Oregon
" i NOTARY PUBLIC. OREGON . My Commission Expires: 11/8/2004
.... COMMISSION NO. 339386
MY COMMISSION EXPIRES NOV, 8. 2004
day of April
acknowledged
ed.
the
N:\CITY\Pworks\GENERAL\neclaration.wpd
~I'l\ -ro! ~ ~ j(.ol<:oih--
yqo S. iCjr--- >1'
'b P -0 d Df..J1/ ,.riP
_. .,.:.'. ~"">4..~.,~\_r....
\ ~ _' ,". . - . ,.- ..:S~T~~~;:~1?~1;~~
.' "--;"~"'f'~u~-~',,",{~' .
, ' , . ~~"'<f'f~"'tf.ll:~;;""!"'''''~''' ii.:.~~i~~:r:.'
~:orbfFICiAF~fc6ffJ:il( cf~N~'.jjjfREAllpRoPE~jijE(i23r~'t~~"..
'" ,~, .:'>: ','.:.;,~ .:" : " OFFICE Of COUNTY A~SE,S~~R".L.ANE-'COUNTY. ORE.GON /1-091000 --.- ..:;',~:- '
.". . ,T.u LOT 144 194 ,'.-',: >- ,','- ..:, " o..ootcoool ACRES---'''
YEA;" NO..9-'? AA TOWNO."-XL',' RANC'E.~OO w.~ W, M. vo..,' p.c.l R'N'_'N'NO_
.
.-
I
Containing more or 1e!'s
1.00
BEARING
DISTANCE
BEARING REn:RENc:it OR LEGAL suanlVIS'ON
1950
1993w
BegiIming at a lloint that is
~02.90 feet'N.Oo13tW. and 510.50 .feet
~.7Bo22tB.' of the Southwest COTner of
~elson Davis DLC. No. 50, TownshiTl 17
3., Range 2 W.. ViM.. running thene",.
N.Oo1StW. 435.60 ft;-, to the southerly right 01' 'V'SY line of
, " thA McKenzie Highway; thene",. .
N.7Bo22tE, 102.10 ft. along said riKbt of way line: thence.
S:0013tE. 435.60 ft. ,thence-
S~ 7Bo22tW~ l02.10 ft. ~o the lll'eee of beginning in Lan'"
~oun~y, Oregon.
394 590
R1B'6/9356541
~
1
'. ".1'.
.," ......
"." ......:>
.....c:.
..~ .
. ~:'
" "
.,!
';~~'::~<.~~'. ."
~1t%i~:~ ;~~~t;;;.;
--
}.~
.<r~': ,.
'.
t.
"FOR. ASSESSMENT
AN~ rAXATION "
USE ONLY
", .";'. :,-'~ .
'..
"
~Ji. .
. '.-'
....'
!.., .
,;'::':'i'~.
'"".
;"r:';t';.;:
~ t~..>,. '- -...
.;~~.
..... -
. .~, .,,~':
O<?I~
.~EXHIB'T q
'~i\.~~ ....
_ i'I" ~
~;.-
_. _ '.r.
",",';.
.".",:,",
.
. '
, .
, .
. ' '
..:~;Yfi;JP:.t~~:;t:~\t..'. ."
:;.';'
.- ....--:<;:-':'-..: ","
.-. "i!~.
',"
. ~ ;" t
.
.
)~W;~~~%'~:'
>~ .
. dOFFICIAL RECORD OF. DE~~~I;T:I'~~';^~F REAL PR'OPE~~~02 3~~".:.'
OFFICE_ OF COUNTY ASSESSOR. LANE COUNTY. OREGO'N/y>-.1 1100
No. T4200T I .OCTION S5' I T~~~i~~Cl';'N'O .'_ OR w._.2 ~'IO::~RO.::R: R:~4~:~'
DURING DISTANCIl BCARING Ar:,.,;AI:HCIl Oil: LI[G4L SU8DIVISION . 1
.
.r '1/7286. .
YEAR
1950
1ge5
1969
H.000.13'W
N.7S022'E
S.OOOlS'E
S.7s022'W
196; ..
1969
.~?-;,,,.,,:;,,,,:~~.
H.00013'W
1974 .
1978 N.7so22'E
1978 S.oo013 , E
1 ::1]8 S. 7S022 'W
", '... ' .'."':-<
.X,'::';:::~''':'. .
1990-..':1
,~.~(~)..:~;.~~":.:: .'
Beginning at a point that is 3S1 572
202.90 feet N.OoolS'W. and 306.30 3851675
feet N.78022'E. of the Southwest
comer of the Nelson Davis DLC 1f5O, 'i24L 159L 56
TOI"llShip 17 South, Range 2 West of 'R42)j
Willa:natte Meridian, ru nn1ng then~e 498c 7
435.60 ft.to the 8'ly right of way line of the
McKenz ie .Higman th ence
102.10 ft. along said right ofwe:y line; thenCe
435.60 ft. thence '
102.10 ft. to the place of beginning. Containing
more or less' 1.00
AlSJ I Beginning at a point tha~ ,
.is 202.90 feet N.Ooo13'iY. and 408.4~' '.~ - .
feet N.7so22'E~ of the Southivest oor er
of the Nelson Davis DLC 1/50, Tavnsh . 241d59L 56
17 South, Range 2 West of Willamette R420j
Meridian, n1nning thence 49867
435.60 ft. to t~ 8'ly right of we:y line of the ,
McKenzie Highway' th!ll1ce R66'/48.!57
102.10 ft. along said. right' of way line' thence 1907. '235'4
435.60 ft. thence ' . . 1902 '235 '5
102010 ft. to the place'ot beginning. Containh~Ol.'2:!6~3
, more or less 1..00 acres 2.00
H641/90l1272
,
"'~'. .
FOR A5SESSi'sIi.:Nf
AND TAXATION
USE .ONL Y
Dolby
. EXHIBIT
10
,.. . ......'.-..
- ". ....:-.. .::i. ". '~., ;.'.1. .. _ '._ ': ~.';~"':'.: ,.
'~:;~%N~: ::::~~_~;~!~~~~S~:"iL~,tiT;i~::~~~~~:~l~. ~;~~ f~;:,:~ .
.,
.