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Home My WebLink AboutMiscellaneous Sewer Connection Record 1967-5-8 .' -- .:., ~, ". .- - .,..,....- . . '. C I T Y 0 F S P R I N G FIE L D, MEMORANDUM ORE G 0 N Date May 8. 1967 TO: N. L. Teague, Acting City Manager SUBJECTSP-30, Jason Sanitary Sewer. Agreement for charging his neighbor a portion of construction cost; sub- mitted for signature. For immediate action --For your information Approval requested Note & return to me Please see me Remarks: FROM: Tom R. Johnson, City Engineer * This agreement sets a maximum charge of $1,355,85 for the line connection from the neighboring property described as parcel No.3 in the agreement. The cost of the project in- cluded the cost of crossing Main Street thereby resulting in a high assessment rate. Please have the Mayor and Finance Director sign the attached agreement. Our notary, who witnessed the Jason sig- nature, recognizes their signatures and will notarize the agreement upon its return to this o~~~ (j;/, ,0;/ L~ m R. Johnson . E . / ~ty ng~neer TRJ:WB:sc Enc losures. (1) 5?-. ~ (g VV\Jd /I u cis ED #27 Rev _ Un7 . '. .' , ,. ~. . " ,. AGREEMENT ---------- ~rnEREAS, Albert Jason, hereinafter referred to as FIRST PARTY, is a private citizen and owns and operates property located within the City limits of the City of Springfield, located as follows: Beginning at the intersection of the north right-oE-way line of Main Street with the east line of the Patrick Gordon .D.L.C. #6, Township.17 South, Range 2 West, of the Willamette. . . :',,,' Meridianj thence a.lon8 said. north right-of-way line North 8904,4", ,'. . West 1405 feet to the true point of, beginning for the following. described Parcels 41 and iJ2;, , '. .... ""'.. ':-/1.' .'.. . ..:;,. .. .' PARCEL NO.1: .:.-. " .. '. ., , the~ce from the true point ~ of. . beginning described "al?ove North . )'0036' East,. 200 feet: thence',South 89044" ~ast, 15Q,feetj thence' . .....':;- South .0036':. West 200 feet; thence North 89044' West,. 150 feet " to the point of beginning aU in Springfield, . Lane County, Oregon. _ ... :, This parcel is exempt from assessment.', ".~ ...... '" " " .'. ,", .. . .:,-' '." . . . ~ .:' '...... ~.p~-'\-:"~"'J ~7t'" '..~ ,.,.., .... . PARCEL NO~:' 2:. '.. ;, : ':' .' . ~... ,:.;.,.. . .' . .. thence from the true point of. beglnning'described above North.: ",' ,0036' East 200 feet: thence North 89044"West, 63feetj. thence. ., Southo036t West, 200 feet: thence South 89044' East, 63 feet to the point of beginning all in Springfield, Lane County, Oregon. This parcel will be assessed as stated below. , - : ".! . , 'I '1 , . <, .. .~ .:~ ~ . . . I .4 .j : , :... ': . WHEREAS, THE CITY OF SPRINGFIELD, hereinafter referred to as SECON> PARTY, is a municipal corporation organized and incorporated under the laws of the State of Oregon, and .. , tVHEREAS, the SECOND PARTY owns, operates and maintains a public sewage disposal system \rithin the limits of the.City of Springfield, and j WHEREAS, the FIRST PARTY, with the approval and under the supervision of the SECOND PARTY did construct an eight inch sanitary sewer lateral, in : the year 1965 within a public utility easement, and . 1 WHEREAS, the parties desire to determine a method whereby. a part of .the cost of the installation of such sewer line, which was borne by the FIRST PARTY, may be recovered by the FIRST PARTY; WHEREAS, the FIRST PARTY did at their own cost, construct and install a sanitary sewer lateral line, including appurtenances described as follows; 260 lineal feet of eight i~ch R.J.C.P: beginning at Manhole M-44 of the SECOND PARTY'S McKenzie Trunk line (250+ feet west of Chap- ~an Lane on Main Street). Thence running Northeast 60 f~et to a .standard manhole. Thence Northl+200 feet to a standard c1eanout. .Said lateral may serve the above-Parcels #1 and #2 and also the property described as follows: ~\ PARCEL NO.3: Beginning at the intersection of the north right-of-way line of the McKenzie Highway with the east line of the Patrick Gordon D.L,C. #6, Township lrSouth, Range 2 West of the Wi11amette Meridian; thence along said north right-of-way line, North 89044' West, 1140.0 feet .to the true point of beginningj thence North 0036' East 110 feet; thence South 89044' East 20.0 feet; thence North 0036' East, 90 feetj thence South 89044' West 135 feet;. thence South 0036' West, 200 feet; to the north right-of-way I line of said Highway; thence South 89044' East, 115 feet to the . point of beginning all in Springfield, Lane County, .Oregon. The possible front footage on this property is 115 feet. .<7 rr';i'~'~1;\'t p , ,~;i\'~~~, w"",~.: ::lIt)~f.'" -,;Y '~'~"~''''''~<c''''<''''''''' ~;\~,:'-r:~:-~~r"1> ::i'-:".'!~"~i' ~. . .. -0, , .-y' k'.~?,^-' ',"'~:." If; ~ ~,' , ,'.J~ ,i: : ~. ;':~ ~""'. ' ~~J 't.4 " toil' , l ~ I" ~. K'. ~ ~.~. 'i ~~ r ~'f :\1 '~l'l ~I,~ Ii',. ~~ . k' ~ l' r ~ ~..' } "'" _.~",;,".'''.:..1Il . '. . . _1 i. . C.~. ....... ", ~, "... , . . 0 ",...,. I I ......'.:""-'i.. ~l"~--:-.<..""""'-'-, '.~ ~~ , .. ;.',i.;:_"" . ...'" .....-', , , ,WHEREAS the said sanitary sewer lateral was installed and con- structed in conformity with the City Specifications snd conditions and the completed work satisfactorily passed the City requirements. of that date, the SECOND PAR'!Y, by intent, accepted said sewer line for owner- ship, control, operation, and maintenance. The FIRST PAR'!Y has provided the SECOND PARTY with determined cost data of the sewer., ~he SECOND PARTY has determined the limits of the area that may be served by, and assessed to this sewer lina as herein before described Bnd the SECOND PARTY has determined that an equitable charge per front foot for connection to said sewer will not exceed $11.79 per front.foot for Parcel No.3 and is to be paid to the FIRST PARTY. The FtRST PAR'IY wU 1 notify the SECOND PAR'IY, in writ1ng, that such payment has been made. Upon c~llnpletion of this transaction the FIRST PARTY releases any further claim against that portion of the sewer line constructed by' himself as hereinbefore. described. Also, a charge of $0.020 ,per square foot,w1~1 be pa:l.dto the SECOND PARTY, by the FIRST PARTY to connect the above described Parcel No.2 to ,the aforementioned Sanitary Sewer. . . . NOW THEREFORE, the 'FIRST PAR'lY and the SECOND PARTY, each in consid- eration of the agreement of the bther, agree as follows: , -j 1 ~ l ~ j 1 l~ The SECOND PARTY agrees that having accepted said sewer for maintenance etc., that hereafter it will allow no other parCY or property owner except within the ,above determined limits, to tie-in or connect sewer service to said constructed sewer line. The SECOND PARTY also re- serves the right to connect any sanitary sewer lateral Une, 'or'line from outside the above determined areas to the said sewer which the SECOND PARTY .may determine necessary, and no payment therefore will be made to the FIRST PARTY. . . '. . , . ..~ i .~ j ..,1 r: : j \i ~ 2. It is understood by both parties to this agreement that: the SECOND PARTY was not in a position at that time to construct the sewer. Hne required by the FIRST PARTY, therefore the S~COND PARTY granted the FIRST PARTY permiSSion to accomplish the work at the expense of.the FIRST PARTY, and in accordance with this agreement. There will be no payment to the FIRST PARTY by the SECOND PARTY io connection with this .sewer line. 'It shall be understood by 411 thnt any an~ all use',of this sewer' line will', upon the start of such usage, COllllllence and ,thereafter continue to pay to the City of Springfield the regular. sewer-user charge required by ordinance of the City of Springfield that is charged in all cases for the use of the sewer system of the City of.Sprlngf1eld. and.in such amount as is called for by the 'ordinance, all free of'any claim by ~heFiRST PARTY. ~ 'I ,1 , . IN WITNESS WHEREOF, We bave hereunto set our, hands this 9 day of &1A,y , .19/.7 . , This above described area will not be again assessed for sanitary scwet!j.\' lateral construction costs. However,. each user will pay the regular user ;~~ charge as outlined in Item 2 abOVe.. . ."C:"~ :i")(~;':7::": , CITY OF SPRINGFIELD. a municipal .JSl-,.r)&e'/l ./', '. ( . (, )<.: ~-:j?//~""'''' _4';'. _\ . - LYriSnz}!rector I , , t . t t , .( '; '. l . ~,., {':~f.J" . ';2. Agr~einent ~ '.~ l".,. ... ." .. J. , " t~.. .' " '\ ,ll .....,-*-""~.~ ~ ..-'I" , - - ~-~" .,., 11 ,;. ii' ';'" ') 'l.,-" ., (f"'""'("- '.!"if,.,,.',<>,,,;,.,,",.--'''.r,~,u'''.''-i~'~;W:,,.,~.~..tf.~~.~ ',., . . . ""'~-~".':'" ;,~.;':.i~:.." ~'''~''~~:~-'''.'i .,:' ~.., .. ,....... .. \.,. '.J ';. . ' .,,~,:;~~:,;:---- " . . . ,,, STATE OF OREGON ) ;I ~ , ) 88 . COUN'l'Y OF LANE ) ';0. " .'. . . . BE IT REMEMBERED, that on this ~ day Of'M.,tIY .19..kL. before me, the undersigned, a Notary Public.in and for said County and State,. personally appeared the within named O.,.r A c; M A( known to me to be the identical lnditidual. described i.n and who executed the within instrument and acknowledged to me that he ex~cuted the same freely and voluntarily. . . . ". " IN TESTIMlNY WHEREOF, I have hereunto' set my hand and affixed my official seal the day and year last above written ~ ,-:~. :~:',':~,:j, , . -...v..." l. '--= t ~:....:': .. .. ~".!..:; --- . ~~.. _ . .~: [:; '" .. r. J ~ ._ ' - ~ ~'," ~...- . ;' :. ... -..... -, . ~ . "~...' ~ U 3 - ~;. -;:.....~., ~: .;- .: . .:A"''l ~~........ I ' , . ':, "''''r~ ,..':;:", . ':'OJ,. :.....;t ... ~, . -.. " ~;~'11. J%,~f . . Notsfy Public for Oregon , ,. ;;c).... t I, zJ, ) tf ?/ My Commission Expires: ! j 1 I . I .1,11;:!. , , , I' ,.j ! ,. ~ I t.. l' . I ' I . . I l' ol I l , I I I I""'" , ,,;, . , \ ' I! ! d' . ", -3.. Agreement