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HomeMy WebLinkAboutAgreement APPLICANT 2/18/2011 . . Division Of Chief Depuly Clerk Lane Counly Deeds and Records After Recording, Return to: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division ~~~.~J~~c~ 1111111111111111111111111111111111111111111111111 $76.00 01078111200900309680070133 /2009 0 02 PM 06/08 3 :54: RPR-RNNX Cnl=l Sln=6 CRSHIER 07 $65.00 $11.00 RESTATED ANNEXATION AGREEMENT This Restated Annexation Agreement ("Agreemeut") is made between the City of Springfield, an Oregon municipal corporation ("City") and Daniel and Shannon Jackson ("APPLICANT"). This Restated Annexation. Agreeme'!t restates and amends the previous Annexation Agreement entered into by the parties hereto on December 17,2007 and recorded December 21; 2007, Recorder's Reception No. 2007-083844, Lane County Deeds and Records. RECITALS A. APPLICANT owns the.parceI(s) ofi,and legally descn"bed in Exhibit A, the Property, and shown on the map attached as Exhibit B. The Property is proxiinate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commission or its succes~pr ("Boundary Commission") following minor boundary change processes. . B. APPLICANT has submitted to the City an Annexation Application Journal No. LRP2007- 00009, dated February 26,2007, for''Assessor's Map No. 17-03-24-31, Part of Lot 2000 ("Property"). . C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation before the Boundary ~ommission or its successor. The Springfield Common Council has adopted Resolutlqn No.' 07-57 supporting the annexation. D. The Property is currently designatedi'as Low Density Residential (LDR) on the Metro Plan , and is zoned LDR (UF-10) 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 Met:t:o Plan Policy 8a arid 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 stonnwater 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 Property and other users of the facilities, sufficient to meet the City's requirements for the provision of .Attachment 2 Page I ofl I " Date Received: FEB 1 8 2011 " '.' Original Submittal . . 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. ..:.--..-...... ___"._"._u. . 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 public sanitary sewer system and lift station is located at the comer of Vera Street and 19th Street. Sufficient capacity ~sts in this system such that the Property will be allowed to connect. . An existing fifteen inch (15") diameter public sanitary sewer extends from the lift station to the existing westerly right-of-way of 19'b Street. 0 . The APPLIqANT will be required to extend the above describoed fifteen mch (15") public sanitaiy sewer along 19th Street to the terminus point outside the limits of the 19th Street improvement, which will be determined by the City during the Subdivis!Oll1'_e~tativePllUlreview andapp.roval. 0 0 . The APPLICANT will be allowed to connect individual samtiry se-iverlaieraIsto the 0 fifteen inch (15") public sanitary sewer, and will be required to provide any laterals deemed necessary by the City to provide future service to adjoining properties. . The City will participate in the cost ofthe construction of the fifteen inch (15") public sanitary sewer through the payment of a portio,! of the construction cost. The City will reimburse the APPLICANT at the rate of one hundred twenty five dollars .($125.00) per line8.J foot of the total length of said fifteen inch (15") sanitary sewer, plus five thousand dollars ($5000.00) for each manhole associated with the construction of said fifteen inch (15") sanitary sewer. The tota/length of the fifteen inch (15") sanitary sewer and the number of manholes shall be determined based upon the approved Public Improvement Plans which shall be prepared by the APPLICANT and approved by the City. The City will participate in the cost of said construction by means of a single cash contribution, which will be reiinbursed to the APPLICANT within sixty (60) days oft!le acceptance of the Public Improvement Project by the Cornmon Council. City participation will be limited to the " construction of the fifteen inch (15") public sSl)it8ry sewer and the aSsociated manholes, and will not any include any costs associated with the laterals connected to said sanitary sewer, including any laterals deemed necessary by the City to provide future service to adjoining properties. Further, City participation will be limited to construction costs only, as per the above quoted unit prices, and not incidental costs including, but not limited to, those costs which are specifically allocated solely to the APPLICANT and defined in Paragraph 1.3.3 of this Agreement. . The APPLICANT will be required to construct a public gravity sanitarj sewer system to serve the Property, as needed, in add~tion to the fifteen Inch (15") public sanitary sewer described above. 0 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 finding that this key urban service is available to serve the Property. 0" '" . Attachment 2 Page 2 of 11 Date Received: F~a f 820ft Or/glna! ~YRm'ttl1!l . . o An existing eighteen inch (I f') diameter public storm water management system is located adjacent to the West line of the Property, approximately 240 feet north of the centerline of Vera Street. Another existing twelve inch (12") diameter,public stormwater management system is located adjacent to the West line of the Property, approximately 170 feet south ofthe centerline of Vera Street. o The APPLICANT will be allowed to connect to either or both of these existing public stormwater management systems, but will be required to provide pre- treatment for 100 % of newly paved snrfaces, using such methods as double chambered catch basins with10il filtration media or a water quality manhole, Additionally, a minimum of ;;0% of the non-building root1:<?P runoff impervious surfaces on the property shall be treated vegetatively, using methods such as a bioswale. The APPLICANTI will be required to maintain the post-developed runoff rate offlow equal to or below the pre-developed runoff rate of flow. H. An interconnectedtr(lnsportation system with the existing and proposed land uses in the vicinity of the Property is also requh-ed in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. o The Property has frontage on, 19th Street which is under the jurisdiction of Lane County. Along this frontage; 19th Street is not improved. o The APPLICANT will be required to fully improve 19th Street along the property frontage to a required width gfforth-two feet (42') for a collector street. The APPLICANT will be required to construct a section complete with curb, gutter, pavement, sidewalks, street Ijghts and street trees, along the frontage ofllie'Property. 'Sidewalks and street trees on'the east side of 19t1' Street will not be required to be constructed. o The APPLICANT will also ~e required to dedicate a strip ofland thirty-five feet (35') in width adjacent to the westerly line of the eXisting Right-of-way, across the frof!tage of the Property, to ahcommodate the improvement and the alignment of 19th Street and result in a total Right-of way width of seventy feet (70'). o The APPLICANT will also ~e required to dedicate a Right-of-way of sixty feet (60') through the Property to facilitate the east-west connection of 19th Street with the existing Vera Street Right-oicway and pavement. The APPLICANT will be required to construct the easterly extension of Vera Street to an urban standard from the West line of the Property to 19th Street, complete with curb, gutter, pavement, sidewalks, street lights and street trees. o The APPLICANT will further be required to provide,public access to all proposed lots within the Property via pp.blic Rights-of-way and urban standard streets, complete with curb, gutter, p(lvement, sidewalk, street lights, and street trees. At the request of the APPLICANT during the Subdivision Tentative Plan approval process, the provisions for private stre'ets may be considered. Any provision for said private streets will be at the sole discretion ofthe City, and, if allowed, must abide by all of the Standards and Codes oftge City. o Notwithstanding otherrequirements oflhis Agreement, if a subsequent subdivision application for the subject property will create lots which will allow development of more than 30 dwelling units, .the APPLICANT shall be required to provide a secondary fire and life safety apparatus access route to the subdivision iI:' accordance , ,:Vith Springfield Fire Code Appendix D107. Date ReceiveCl: Attachment 2 Page 3 of11 '; ~ . FEB 1 8 2011 .." . Original submittal . . 1. In order to facilitate orderly development of the Property 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 Common Council, 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. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance of Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. 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 tbe Property within six (6) months, unless extended by the City, of the effective date of the Boundary Commission's, or its successor's, approval of APPLICANT's annexation request. This 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 tbe date of the Limited Land Use Decision issued by the City fQr Subdivision Tentative Plan approval issued pursuant to Paragraph 1.1, above. This paragrapb is subject to the requirements of Paragraph 8, ~elow. 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 public sanitary sewer systems to connect to the Vera Street lift station and to extend the existing public sanitary sewer, as described in Paragraph F of the Recitals of this Agreement. 1.3.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary .to obtain the perinits and other approvals necessary to construct the sanitary sewer systems described in Paragraph 1.3.1, above. Date Received: ,""l' ~ Attachment 2 Page 4 of 11 FEB 1 8 2011 Original Submittal ..: ...... ;," .,. ~ " " . . 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 bul.uot limited to associated easements, engineering costs, permit applications arid fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.3.4 Prior to or concurrent, with Subdivision Plat or Public Improvement Plan approv31 by the City, :,whichever comes first, for any portion of the Property, APPLICANT will pr<:)vide financial secnrity acceptable to the City for all costs associated with the above described sanitary sewer system construction. APPLICANT is diredied to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment of prevailing rate of wage. The cost of all construction to be cori,pleted which the City interprets as being occupied or ' used by a public agen~y shall be estimated based upon the prevailing rate of ' wage;' and financial secnrity shall be adequate to provide for the payment of said prevailing rate of wage. ., 1.4 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public .Improvement Plans, Final In~pection, 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, clevelop on-site and off-site public stormw~ter management systems to provide drainage service to the development as . follows: 1.4.1 APPLICANT shall construct public stormwatermanagement 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 mechanhial fUter system and public drainage easement, and into. the public stormwatei lines, as des?ribed ii1 Paragraph 0 of the Recitals of this Agreement. 1.4.2 APPLICANT shall piepare the studies, plans, permit applications, and other supporting documen~tion necessary to obtain the penuits and other approvals necessary If> construct the stormwater management system described in ParagraRh 1.4.1, above. " 1.4.3 Orant to the City the 'easements necessary to access, operate, and maintain a stormwater management system on the Property. Easements for piped portions of the syste~ will be a minimum offourteen feet (14') wide and may be wider depend,ing upon the size and depth of the pipes within the easement: Easement,widths for open channel portions of the system shall be determined based up&n 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 <bity personnel and equipment. Actual easement widths and loc~tions will be,'determined during the Subdivision Tentative Plan review. II Attachment 2 PageS of I! " Date Received: FEB 1 8 2011 Original submittal " . . 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 fusi, for any portion of the Property, APPLICANT will provide financial security acceptable to the City for all costs associated with the above stormwater management 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 (BOLI) arid the payment of prevailing rate of wage. The cost of all construction to be completed which the City interpret3 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. 1.5 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 street systems to provide interconnected transportation service to the development as . follows: 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 V era Street from the existing improved street, located at the West line of the Property, through the property to the East line of the Property and the intersection of Vera Street with 19m Street, as described in Paragraph H of the Recitals of this Agreement. Also, 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. 1.5.1.2 Dedication of Right-of-way and construction to facilitate the connection to and extension of19!h Street along the Applicant's Property frontages'described in Paragraph H of the Recitals of this Agreement. 1.5.2 APPLICANT shall prepare the stndies, 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. Date Received: Attachment 2 Page 6 of II FEB 1 8 2011 Original submittal ! . . . " 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, easem~nts, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built plans. I.5A APPLICANT has indicated a desire to utilize the City's Reimbursement District Process for the full street improvements along 19th Street as described in Paragrap~ H of the Recitals of this agreement. Upon Subdivision Tentative! Plan submittal, the APPLICANT shall notify the City of such a request, andlshall follow the requirements and standards set forth in the Common CouncdiOrdinance Number 6230 regarding Reimbursement Districts. 1.5.5 Prior to or concurren~iwitb Subdivision Plat approval or Public Improvement Plan approval by the pty, whichever comes first, for any portion of the Property, APPLICA.1\(T will provide financial security acceptable to the City for all costs associated witb the above transportation system construction. Al'PLICANT is directed to Paragraph 120fthis Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment of prevailing rate of wage. Tbe cost of all construction to be COlD.pleted whicb the City interprets as being occupied or used by a public agenyy shall be estimated based upon the prevailing rate of wage, and financial s~urity shall be adequate to provide for the payment of . said prevailing rate of wage. I . 1.6 Provide and be financially re~ponsible 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 Improvement Plans as necessary to serve tbe " development of the Property"including the construction and maintenance thereof. 1.7, In determining APPLICAN~is shaTe of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, ~cquisition ofland and/or easements, studies, permits from all agencies having jurisdiction, attorney's :('ees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of CitY: Consistent with the above Recitals, City agrees to: . ;2.1 Initiate and support annexation of the Property to the City before the Common Council and support APPLICANT's defense of any appeal of a decision 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 ofthe Subdivision Tentative Plan, Subdivision Plat, and Public lmprovement Plan applications in accordance with City procedures for the development of the Property. Attachment 2 Date Received: Page 7 ofJ I FEB 1 82011 Or;";"''''' Submittal >,. ,'..J . . 2.3. Participate in the cost of the construction of the fifteen inch (15") public sanitary sewer in the manner described in Paragraph F of the Recitals of this Agreement. 2.4 Initiate annexation of the un-annexed portion of 19th Street abutting the PROPERTY frontage at no'cost to the APPLICANT. 3. Covenants Runninl! 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 the 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. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds aud Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Executiou of this Agreement is a precondition to 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 ofthis Agreement. 4. Limitations on the Development. 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 Cooperation. City and APPLICANT shall endeavor to mutually cooperate with. each other in implementing the. various matters contained herein. 6. WaiverofRil!bt of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consenta aud 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 lill rights to remonstrate against these improvements. APPLICANT does not waive the right to protest tbe 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 remonstrance 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. 7. Modification of Al!Teement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.TI-C-4 and as required herein are not provided in a: timely manner to the Property. 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 City providing or agreeing to provide approval of any building, laud use, or other development application orLand and Drainage Nteration Program (LDAP) p~it application submitted " Attaclnnent 2 Page 8 of 11 Date Received: FEB 1 8 2011 Original submittal The APPLICANT will require, as a condition of any contract for construction of the public improvements described in Sections 1.3, 1:4 and 1.5 that the specifications for sucH contract shall contain a provision; I A. complying with the provisions ofORS 279C.830, with respect to the payment ofthe prevailing rate of wage;. ',,' I B. requiring that each and every contrastor or subcontractor shall file such bond~ as may be required under ORS 279C.836; I C. requiring that any contractor or subcontractor shall comply with each and evJry provision of ORS279G.800-870, with respect to such PROJECT. ' I Any and all cost estimates shall be prepared on the basis of prevailing rates of wage. d ' '''I DATED this g r day of~ u 1\ e ,2009. . , ;' ',;, I IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein' above written. i I Oat$ Received: I FEB 1 8 2011 i 0" "~!.')m'lt'al rl;""':.::"I;'1r '.2)",,;. ~~- ,""" I I i . . . by APPLICANT. APPLICANT is r~ponsible 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 unqerstands its rights under Dohill v, City ofTigard (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, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly propohional to the burden and demands placed upon the urban facilities and services by the d6velopment and to the impacts of the development of the Property. APPLICANT further w'il,ives any cause of action it may have pursuant to Dolan v, City ofTigard and cases interpreting the legal effect of Dolan arising out of the I. '. ." ~ " actions described herein. .' ' ., . 10. Ballot Measure 37. APPLICANT kriows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2, 2004. APPLICANT for itself and its 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. Invaliditv. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or vaJidity of any other pr<ivi~ion of this Agreement. The validity, meaning, enforceability, and effect, of the : Agreement and the rights mid liabilities of the parties her.:;to ~~~n b.e 4!"tegnined)I1: " accOrdance with the laws of the State of Oregon. ';>~D:~:{[!:;;i'/<;" ;;.. '. ':'l':~'<'>_;...' . 12. BOLVPrevailing Wage Rate, APPLICANT: ,-:,< Attachment 2 Page 9 of 11 . . Daniel Jackson (OWNER) Shannon Jackson (OWNER) STATE OF OREGON COUNTY OF LANE } 55 .rz..r t J" vNS BE IT REMEMBERED that on this '/ cV day ofFeamary, 2009 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Daniel)ackson and Shannon Jackson, whose identity was proved to me on the basis of satisfactory evidence and who executed,the within instrument and acknowledged to me that Daniel Jackson. and Shannon Jackson executed.the same freely and voluntarily. . IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year last above written. . . OFFICIAL SEAL . CHRIS iAOOlU-IEAO ..' Nf( puaUC.QREGON .., NdrrMMISSION NO. 42746~012 !IN COMMISSION EXPIRES MM. 31. 9( -VVVOl,~. Notary Public for Oregon . My Commission Expires: 1V1,4-.t. 3 J. \ 2.0 I 2. By: REViEWHI il.IWHIOVEiJ AS. TO FORM -h"".,.,.....:> \ "'A\.Oo; OATE:_s:J~J5 ''''''1 (lFFICH QF WTY ATTORNEY Date Received: . STATIJ.OF OREGON } 55 FEB 1 8 2011 Attachment 2 Page 10 of J1 Original Submittal . . COUNTY OF LANE r ::fu.f'\C BE IT REMEMBERED that on this p,- . day of F~aruGfY, 2009 before me, the undersigned, a notary public in and for said County and State, personally appeared the withiu named, Gino Grimaldi, whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he is the City Manager of the within named municipal corporation and does , acknowledge said instrument to be the free'lact 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 corporation 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. " OFFICIAL SEAL . AMY LSOWA , NOTARY PUBLlG. OREGON '~.! COMMISSION NO. 397942 . MY COMMISSION EXPIRES NOV. 2', 2009 ~~~ Notary Publi or oregon My Commission Expires: I J -;J-~~;H)O CJ ..; . , Date Received: , , FEB 1 8 2011 Attachment-i " Page 11 ofll Original Submittal . . EXHIBIT A February'12, 2007 Bnmch No. 06-203 LEGAL DESCRIPTION FOR ANNEXATIONPURl'OSES i.ANDs OF J?ANIEL L. AND SHANNON L. JACKSON (pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000) SITUATED in IlDincorporatedareainLane County, State of Oregon in the Southwest 1/4 of Section 24, Township 17 South, Range 3 West of the Willamette Meridian and descitoed as follows: BEING a portion of'lbe lands iliat were conveyed to Damel L. and Sbannon Batty in iliat certain Special Warranty Deed thllt waS recorded May 16, 1990 in Reel 1632R at Reception N:ilmber' 9022540 in the Official Records of Lane County, State of Oregon, said portion being more particularly described,as follows: Commencing at a point 17.42 chains north ofa point where tIie East line of the William C. Spencer Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section 24andSection25, Township 17 South., Range 3 West-of the WillametteMeridian; thenceNorth89' 42' 33" West 393,00 feet and North'OO' 06' 16" West 225.00 feet to the southwest comer of said lands that w~re conveyed in the above deed, 'Whicb point lies on the existing city limits line of tlie City of Springfield and is the TRl:IE POINT OF BEGINNING of the lands being deswoed herein; THENCE leaving said TRUE POINT OF BEGINNING and along said city limits line and west line of said lands that were conveyed in said deed, NORTH 00' 06' 16" WEST 900 FEET, more or less, to an angle point in 'lbe Urban Growth Boundary of the City of Springfield; THENCE, leaving said city limits line and said west line of said 1ands:that were conveyed in said deed, NORTH 63' 35' EAST 435 FEET, more or less, along said Urban Growth Boundary to an angle point in said boundary that lies on the east line of said lands that were conveyed in said deed; THENCE, leaving said Urban Growth BQundBry and along said east line of said lands iliat were conveyed in said deed, SOUTH 00' 06' 24" EAST 1100 FEET, lUore or less, to 'lbe southeast corner 01' said lands that were conveyed in ~e said deed; AND THENCE, along the south line of said lands that were conveyed in the said deedNORTII 89' 42' 33"WEST 393,00 FEET RETURNING to the TRUE POINT OF BEGlNNING and CONTAlNING 9.0 ACRES, more or less, ':"-1:J.r\.'lC< (2; zou7 REGISTERED PROFESSIONAL LA SURVEYOR ORE JULY 20,1993 REX!>,. ~ETZ /-(t:: t?1" {"'/'~/07 Date Received: FEB 1 8 2011 ,,, Origin3\:;;,~bmittal ~ l'iO ~~ ~~A; !r.~~it!:t-. Ci "'" ~'" ~r.: ~:g ~I\l> .0 C'I ~6::~~oi:' =~~8~~ 2~~~1~ i4~f<j:t ~tj!ll , ~~ !'i ~ ; .{ . I II! ~ .~ g 1:1 :1 . EXHIBIT B .. '. . . ~II ~! ~~~ ~I '" ~. ~.~:.- . .... "';~~-:II l.l#'~ . _ ~ .. o ~ g ~ s ~ . ... I I I . Ii =_ I I ~ fJ f: i g ....;_________J Date Received: FEB 1 8.2011 Original Submittal