HomeMy WebLinkAboutApplication APPLICANT 2/18/2011
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:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Development Issues Meeting (DIM)
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Prospective
A licant Name:
Address:
2-17
Fax:
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Com an :
Prospective
A Iicant's Re
Address:
Owner:
Phone:
Com an
Address:
Fax:
2.000
,td 0 <31'17
ASSESSOR'S MAP NO: 11- 03- 2 "l -31
Pro ert Address: 2 778 I 'l-r k
Size of Pro ert : I 7 L -+0-\-0..\ q"i- ( \:Y\ C ~ ~
Acres uare Feet 0
Description of If you are filling in this form by hand;: please attach your proposal description to this application.
Pro osal: 5 ee...
Existin Use' one. 5/11 Ie. +Q;n;! I'e.s./tknce.
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# of Lots/Parcels: 3 Av. Lot/Parcel Size:J'ZO.oooJ" sf
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Prospective
Applicant:
Date:
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Case No.: ~ c;
A Ii cation Fee: $ I Z f
TOTAL FEES: 1:72-( ,OD
Date:
Reviewed b :
Technical Fee: 0
Posta e Fee: $0
PROJECT NUMBER: :PRY
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Revised 1/1/08 Molly Markarian
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Development Issues Meeting Submittal Requirements Checklist
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~ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. The applicable application, technology, and postage fees are collected at the
time of complete application submittal.
jg] Development Issues Meeting Application Form
tKI Five (5) Questions - list specific questions the applicant would like staff to answer
during the meeting. So that each question may be fully evaluated, the list is limited to five
questions.
~ Ten (10) Copies of the Proposed Plan - suggested information valuable for staff to
review the proposal is listed below. It is not necessary to include all of these items on
the site or plot plan. However, applicants are encouraged to address as many as possible
given that the level of information that will be derived from the meeting is commensurate
with the level of detail provided in the application.
Applicants are also encouraged to include additional information on the plan as listed in
the Springfield Development Code (SbC) 5.12-120, Land Divisions - Partitions &
Subdivisions - Tentative Plan Submittal Requirements or 5.17-120, Site Plan Review
Submittal Requirements.
~ Drawn in ink on quality paper no smaller than 11" x 17"
~ Scale appropriate to the area involved and sufficient to show detail of the plan and
related data, such as 1" = 30',: 1" = 50' or 1" = 100'
North arrow
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Date of preparation
Street address and assessor's map and tax lot number
Dimensions (in feet) and size (either square feet or acres) of the development area
Location and size of existing and proposed utilities, including connection points
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On-site drainage collection system and flow patterns, the size and location of drain
lines and catch basins, dry wells, and natural drainageways to be retained
Area and dimensions of all property to be conveyed, dedicated, or reserved for
common open spaces I
DIMs Related to Land Divisions
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&J Approximate location, number and dimensions of proposed lots
IXI How streets in the proposal area connect with existing streets
DIMs Related to Site Plan Review
o Proposed and existing buildings: location, dimensions, size (gross floor area),
setbacks from property lines, distance between buildings, and height
o Area and percentage of the site proposed for buildings, structures, driveways,
sidewalks, patios and other impervious surfaces
o Parking and circulation plan Date Received:
FEB 18 2011
Original Submittal
3 of 3
Revised 1/1/08 Molly Markarian
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Jackson Development Issues Meeting (DIM)
Questions
1. Annexation Agreement (Planning and Public Works)
a. Attached is a copy of the Annexation Agreement. The applicants are proposing
amendments to this Agreement (see attached). Does City Planning and Public Works
agree with proposed language?
2. Proposed parcel configuration (Planning and Public Works)
Assuming amendments to this annexation agreement can be approved by the city, does
staff see any problem with the proposed layout?
3. Vera Street Extension (Public Works and Fire)
The proposal includes a 90' - 100' extension of Vera Street. The applicant is intending to
place a sign at the intersection of Vera and Grand Vista identifying Vera Street as a dead
end street with no outlet and placing a barricade at the end of the paving. No turn around
at the end of Vera is proposed. Does the city staff agree with this proposal?
4. Street light (Transportation)
Will a street light be required?
5. Project Schedule/Financing (Planning Public Works, and Building)
a. The applicants/owners would:like to initiate construction of this new home as soon as
possible (Spring 2011), move, his existing home onto Parcel 1 in 2012, record the final
plat in 2012 and construct the Vera Street extension in 2012.
Prior to proceeding with house plan review and construction of their new home, they
would need to have the council approval of the amendments to the annexation
agreement. Upon council approval, they would complete and submit the tentative
partition application process. Can the city issue a building permit for the new home with
the understanding or deed restriction that only one home is to be occupied until: the
existing home is moved to Parcel 1, the Plat is recorded and public improvements are
complete or are in progress?
Date Received:
FEBt 8,.2011
Original submittal
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Jackson Development Issues Meeting (DIM)
Existino Conditions
In 2007 the city annexed 9 acres of the 17 acre parcel with remaining 8 acres outside the UGB
and within the floodplain of the McKenzie RivECr. The applicants/owners reside in a home located within
the annexed 9 acres. The property is generally flat. In 2007/2008 the city installed a sanitary sewer pump
station on the property with an 8" gravity sewer line in Vera Street (future) to serve Grand Vista Estates. A
pressure line was also extended from the pump station southward along 19'h Street to connect to the
existing city system.
No public water, sewer or drainage services are provided to the existing home. Water is provided
by an on-site well, sewer is provided by an on"site septic tank and drainfield and no formal site drainage
system exists. Vehicle access to the home is via a driveway along 19'h street south of Hayden Bridge
Road.
Proposal
The owners would like to construct a new home within the city limits on their 17 acre parcel. They
have investigated a number of options to move their existing house on nearby parcels or transferring it to
non-profit organizations. Unfortunately, no practical solution resulted. Therefore, the only remaining
practical solution is to move their existing home to a future lot as depicted on the proposed partition plan,
since its current position is too close to the new home site.
The applicants/owners and their representative have had several communications with city staff
and have concluded that the most practical solution would be to process a three lot partition of the 17
acre parcel. By extending Vera Street 90-100 feet, two city sized parcels could be created with the
remaining 16.5 acres being the third parcel. Since Vera Street is planned for future extension easeward to
19th Street the proposed 90-100 extension is in agreement with the long term street plan. One of the new
lots on Vera Street would be used to move the existing house onto.
Access to the new home site would b~ via extending the existing driveway along 19th Street,
resulting in no change to the 19th Street access. A temporary sewer connection to the 8" sewer in Vera
Street would serve the owners new home.
Schedulinq
To proceed forward with this proposal, the city council would need to approve amendments to the
Annexation Agreement to allow phased development of the site. The applicant has included the attached
proposed amendments to the agreement to allow phased development of the project, precipitated from
the change in the national, regional and local economies.
Assuming the council approves amendments allowing phased development of the property, the
applicants would proceed as soon as possible to build their new home in 2011, following in 2012 with
moving the existing house, building the Vera Street extension and recording the final partition plat.
Date Received:
FEB 1 8 2011
Original Submittal
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Proposed Annexation Agreement Modifications
Prior to the downturn of the economy in 2007/2008 the property owners and city anticipated the
entire project to be developed at one time. There are numerous references to a single subdivision plat
throughout the document. The owners are not proposing any changes to any technical requirements. The
owners simply request the flexibility to develop the property in phases as market conditions and the local
economy permit.
The intent of the following proposed modifications to the "Restated Annexation Agreement"
recorded June 8, 2009, is to allow phased development of the property. City staff will be able to review
each phase of development for consistency with the development code and requirements of this
annexation agreement.
Proposed Changes
1. Delete "and prior to Occupancy Approval for any new structure on the Property" in paragraphs
1.3, 1.4, 1.5 lines 3 and 4.
2. Add in paragraphs 1.4.5 line 5 and 1.5.5 line 4, ... construction "as required for each phase".
3. Delete entire paragraph 4 Limitations on the Development or modify to allow phased
development via partitions and small subdivisions.
Date Received:
FEB t 8 2011
Original Submittal
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Division of Chief Deputy Clerk
Lane County Deeds and Records
After Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
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11111I11111111111111111111111111111111I1111111111 $76.00
0107811120090030968007013306/08/2009 03:54:02 PM
RPR-RNNX Cnl=1 Sln=6 CASHIER 07
$65.00 $11.00
RESTATED
ANNEXATION AqREEMENT
This Restated Annexation Agreement ("Agreement") is made between the City of
Springfield, an Oregon municipal corporation ("City") and Daniel and Shannon Jackson
("APPLICANT").
This Restated Annexation. Agreement 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.parcel(s) ofland legally descnDed in Exhibit A, the Property, and
shown on the map attached as EXhibit B. The Property is proximate to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Govefnment
Boundary Commission or its successor ("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 Boundsry Commission or its successor. The Springfield Common
Council has adopted Resolutl<?n No. 07-57 supporting the annexation.
D. The Property is currently designated-as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR (UP-IO) according to the Springfield Zoning Map.
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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 MetJ:O
Plan Polley 8a and 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
Agreementis to memorialize APPLICANT's and City's commitment and agreement to the
allocation of financial responsibility fot 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 of 11
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Date Received:
FEB 1 8 2011
Original Submittal
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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.
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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 exists 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 19th Street. '
. The APPLICANT will be required to extend the above described fifteen iIich (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
Subdivi~~on 1'entativePlan review a.ndapp!ovaL " . , '
. The APPLICANT will be allowed to connect individual sanitary sewer laierals to tlie' '
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 lineat 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 total 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 reimbursed to the
APPLICANT within sixty (60) days ofthe acceptance of the Public Improvement
Project by the Common Council. City participation will be limited to the '
construction of the fifteen inch (15") public sanitary 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 sanitsry sewer
system to serve the Property, as needed, in addition to the fifteen Inch (15") public
sanitary sewer described above.
G. A public stonnwater 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 ihe Property. '
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Attachment 2
Page 2 ofll
Date Received:
Fga f 820ft
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. An existing eighteen inch (18") diameter public slormwaler 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 of the centerline of V era Street.
. The APPLICANT will be allowed to connect to either or both of these existing
public slormwater management systems, bul will be required to provide pre-
treatment for 100 % of newly paved surfaces, using such methods as double
chambered calch basins with oil filtration media or a water quality manhole.
Additionally, a minimum of 50% of the non-building rooft9P runoff impervious
surfaces on the property shall be treated vegetatively, using methods such as a
bioswale. The APPLICANT will be required to maintain the post-developed runoff
rate of flow equal to or below the pre-developed runoff rate of flow.
-H. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Properly is also requiTed in order to provide access and a transportation
system for the provision of Fire and Life Safety services to and from the annexed property.
. The Property has frontage on 19th Street which is under the jurisdiction of Lane
County. Along this frontage, 19111 Street is not improved.
. The APPLICANT will be required to fully improve 19th Street along the property
frontage to a required width of forth-two feet (42') for a collector street. The
APPLICANT will be required to construct a section complete with curb, gutter,
pavement, sidewalks, street lights and street trees, along the frontage ofllie'Property.
. Sidewalks and street trees on the east side of 19t1l Street will not be required to be
constructed.
. The APPLICANT will also be required to dedicate a strip of land thirty-five feet
(35') in width adjacent to the westerly line of the existing Right-of-way, across the
fro'!tage of the Property, to accommodate the improvement and the alignment of 19th
Street and result in a total Right-of way width of sev~nty feet (70').
. The APPLICANT will also be required to dedicate a Right-of-way of sixty feet (60 ')
through the Property to facililate the east-west connection of 19th Street with the
existing Vera Street Right-of-way 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.
. The APPLICANT will further be required to provide public access to all proposed
lots within the Property via public Rights-of-way and urban standard streets,
complete with curb, gutter, pavement, sidewalk, street lights, and street trees. At the
request of the APPLICANT during the Subdivision Tentative Plan approval process,
the provisions for private streets may be considered. Any provision for said private
streets will be at the sole discretion of the City, and, if allowed, must abide by all of
the Standards and Codes of the City.
. Notwithstanding other requirements of this 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 in accordance
. ,with Springfield Fire Code Appendix DI07.. Date Receivea:
Attachment 2
Page 3 ofll FEB 1 8 2011
Original submittal
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I. 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 Conunon 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.
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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 the
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 the date of the
Limited Land Use Decision issued by the City for Subdivision Tentative Plan
approval issued pursuant to Paragraph I.l, above. This paragraph 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:
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Attachment 2
Page 4 of 11
FEB 1 82011
Original Submittal
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'1.3.3 APPLICANT shall bear the full cost and obligation to design and constroct
the proposed sanitary sewer systems that connect to the existing public
systems, including but not limited to associated easements, engineering costs,
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pennit applications. and 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
approviu by the City, ivhichever comes first, for any portion of the Property,
APPLICANT will provide financial secnrity acceptable to the City for all
costs associated with ihe above described sanitary sewer system constroction.
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APPLICANT is directed to Paragraph 12 of this Agreement concerning
current requirements i,~ 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 completed which the City interprets as being occupied or
used by a public agency shall be estimated based upon the prevailing rate of
wage,"and financial s<i"nrity shall ~e 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 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
stormwater management systems to provide drainage service to the development as
.follows:
1.4.1 APPLICANT shall construct public stormwater management systems to
collect, treat, convey,; detain as deemed necessary, and discharge stormwater
from the Property anq the upstream tributary areas via an on-site engineered
bioswale or mechanical fIlter system and public drainage easement, and into.
the public stormwater lines, as described in Paragraph G of the Recitals of
this Agreement. .
1.4.2 APPLICANT shall prepare the studies, plans, penuit applications, and other
supporting documenfution necessary to obtain the penuits and other
approvals necessary to constroct the stormwater management system
described in Paragral?h 1.4.1, above.
1.4.3 Grant to the City the easements necessary to access, operate, and maintain a
stormwater managenient system on the Property. Easements for piped
portions of the systeIl)- will be a minimum offourteen feet (14') wide and
may be wider depending upon the size and depth of the pipes within the
easement. Easement,widths for open channel portions of the system shall be
detennined based upon the design width of the channel plus ten feet (10') on
one side and twenty-five feet (25') on the other side to accommodll.te access
and maintenance by tity personnel and equipment. Actual easement widths
and locations will be,'determined during the Subdivision Tentative Plan
review.
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Date Received:
Attachment 2
,:Page 5 of II
FEB , 8 2011
Original submittal
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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 first, 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 (BOLD and the payment of prevailing rate of wage.
The cost of all construction to be completed which the City intelprets as
, being occnpied 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 V era
Street with 19th 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 oftbe Recitals of this Agreement.
1.5.1.2 Dedication of Right-of-way and construction to facilitate the
connection to and extension of 19th Street along the Applicant's
Property frontages described in Paragraph H of the Recitals of this
Agreement.
1.5.2 APPLICANT shall prepare the studies, 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. D t R 'ed'
a e ecelv '
Attachment 2
Page 6 of 11
FEB 1 8 2011
Original Submittal
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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, easements, engineering costs, permit applications and fees,
legal costs, construction and inspection costs, and the preparation of As-built
plans.
1.5.4 APPLICANT has indicated a desire to utilize the City's Reimbursement
District Process for the full street improvements along 19th Street as
described in Paragraph H of the Recitals of this agreement. Upon
Subdivision Tentative Plan submittal, the APPLICANT shall notify the City
of such a request, and shall follow the requirements and standards set forth in
the Common Council Ordinance Nurnb~'f 6230 regarding Reimbursement
Districts.
1.5.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement
Plan approval by the City, whichever comes first, for any portion of the
Property, APPLICANT will provide financial security acceptable to the City
for all costs associated with the above transportation 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 (BOLl) and the payment of prevailing rate of wage. The cost of all
construction to be completed which the City interprets as being occupiedor
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 ofwllge,
1 .6 Provide and be financially responsible for the provision of any additional urban
facilities and services identified during the review and approval ofthe Subdivision
Tentative Plan aod/or the Public Irnprovement Plans as necessary to serve the
development of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANT's share 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, acquisition of land and/or easements, studies, permits
from all agencies having jurisdiction, attorney's fees, and all other costs reasonably
associated with the implementation ofthe needed improvements.
2. Obligations of CitY: Consistent with the above Recitals, City agrees to: _
~.l 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 of the Subdivision Tentative Plan,
Subdivision Plat, and Public Improvement Plan applications in accordaoce with City
procedures for the development of the Property.
Attachment 2 Date Received:
Page 7 of II
FEB 1 8 2011
OriSl.....1 submittal
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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 Running With the Land. It is the intention of the parties that the covenants herein
are necessary for the annexation and deveiopment 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 and Records. This Agreement may be assigned by
APPLICANT and shall benefit any assigns or successors in interest to APPLICANT.
Execution 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 f~r the proposed
developm.ent.
5.
Mutua1 Coooeration. City and APPLICANT shall endeavor to mutually cooperate with,each
other In implementing the. various matters contained herein.
6.
Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers,
petitions, consents and 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 au rights to
remonstrate against these improvements. APPLICANT does not waive the right to protest
the 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 Agreement. 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.ll-C-4 and as required herein are not provided in Ii 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 deveiopment of this Property. Nothing herein shall be construed as City
providing or agreeing to provide approval of any building, land use, or other development
applicatiOn or Land and Th;ainage Alteration Program (LDAP) p~it application submitted
, Attachment 2
Page 8 of 11
Date Received:
FEB t 8 2011
Original eubmittal
~ '
.
.
by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all
State and/or Federal pennits and any other approvals as may be required.
9.
Dolan. APPLICANT knows and understands its rights under Dolan 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
I, required herein, are roughly proportional to the burden and demands placed upon the
urban facilities ;md services by the development and to the impacts of the development of
the Property. APPLICANT further w~.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
"" "
actions described herein. .
10.
Ballot Measure 37. APPLICANT knows and understands any rights it may have under
Oiegon Revised Statotes (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.
Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid,
such enforceability or invalidity shall not affect the enforceability or validity of any other
pr(jvi~ion of this Agreement. The validity, meaning, enforceability, and effect. of the
. Agreement and the rights arid liabilities of the parties here~o shall be determined in
aCcOtdiince with the laws of the State of Oregon. ;:. :.> >..".: . ... -: :,-:'
.., \.<;;,:.\';!.;>~;,~:\.:\:.;',:..:,,:'~' r',
12.
",
BOLIJPrevailing Wage Rate.
The APPLICANT will require, as a condition of any contract for construction of the public
improvements descn'bed in Sections 1.3, 1.4 and 1.5 that the specifications for such contract shall
contain a provision;
A. complying with the provisions ofORS 279C.830, with respect to the payment of the
prevailing rate of wage;
B. requiring that each and every contractor or subcontractor shall file such bonds as may be
required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each aDd every provision of
ORS279C.800-870, with respect to such PROJECT.
Any'and all cost estimates shall be prepared on the basis of prevailing rates of wage.
DATEDthis3rJ dayof..:fU(\e ,2009. ,...
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
APPLICANT:
Date Received:
'.~ .
'.
Attachment 2
Page 9 of 11
FEB 1 8 2011
Orisi:-Vll St:bmit1aL
.
.
Daniel Jackson
(OWNER)
Shannon Jackson
(OWNER)
STATE OF OREGON
COUNTY OF LANE
} 55
.-?-.r t JON!C:.
BE IT REMEMBERED that on this :,t cV day ofFehnary, 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, I have hereunto set my hand and affixed my official seal the day and
year last above written.
I) . OfFlClALSEA~
, CHRIS MOOflHEJl.EGQD N
.' puaUC.()R
.... / N8J~SSIONNMO..t2W~012
MY COMMISSION EXPIRES ,'no ,
9( VGVOL~
Notary Public for Oregon
My Commission Expires: .MA-il. 3 J \ G:> I Z.
REYIEv.iED il.IWrflOlIED
AS. TO FORM
-k"".,.....::> \..-;",..""
DATE:_5: '-~'ii ,''''')
QFFI0H g~ ttlTV ATTORNEY
By:
Date Received:
. STATEOFOREGON
} 55
FEB 1 8 2011
Attachment 2
Page 10 of 1l
Original Submittal
I'
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.
COUNTY OF LANE
r ::f'u.I'1C
BE IT REMEMBERED that on this (S_ day of Fooruary, 2009 before me, the undersigned, a
notary public in and for said County ana State, personally appeared the within named, Gi,no
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 ,act and deed ofsmd 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 PUBLIC. OREGON
'". ../ COMMISSION NO. 397942
. MY GOMMISSIOIJ EXPIRES NOV, 22,2009
'. ~~~
Notary Publi or oregon
My Commission Expires: J J -~).~,){)() '1
. .
Date Received:
. ,
FEB 1 8 2011
i\ttaclnnent'2 "
Page I I ofl I
Original submittal
.
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EXHIBIT A
February '12,2007
BranchNo.06-203
LEGAL DESCRll'110N
FOR
ANNEXATION PURPOSES
i.ANDs OF J?ANlEL L. AND SHANNON L. JACKSO'N
(pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000)
STIUATED in Tmincotporated area inLane County, State of Oregon in the Southwest 1/4 of Section
24, Township 17 South, Range 3 West of the Willarnette Meridian and described as follows:
BEING a portion of the lands fuat were conveyed to Daniel L. and Sbannon Batty in that certain.
Special Warranty Deed thlit was recorded May 16, 1990 in Ree11632R at Reception Ni.nnber
9022540 in the O'fficial Records of Lane County, State of O'regon, said portion being more
particularly described.as follows:'
Commencing at a point 17.42 chains north of a point where the East line of the William C. Spencer
Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section
24 and Section25, Township 17 South, Range 3 West-oftbe Willamette Meridian; thence North 89'
42' 33. West 393.00 feet and NortliOO' 06' 16" West 22;;.00 feet to the southwest comer of said
lands that w>:re conveyed in the above deed, which point lies on the existing city limits line of the
City of Springfield and is the TRUE POINT OF BEGINNING of the lands being descnlJed herein;
THENCE leaving said TRUE POINT OF BEGlNNlNG and along said city limits line and west
line of said lands fuat were conveyed in said deed, NORTH DO' 06' 16" WEST 900 FEET, more or
less, to an angle point in the Urban GrowthBoundary of the City of Springfield; THENCE, leaving
said city limits lioe and said west lioe of said lands.that were conveyed in said deed, NORTH 63'
35' EAST 435 FEET, more 0, less, along said Urban Growth Boundary to an angle point in said
boundaxythat lies on the east line of said lands that were conveyed in said deed; THENCE, leaving
said Urban Growth Boundary and along said east line of said lands fuat were conveyed in said deed,
SOUTH 00' 06' 24" EAST 1100 FEET, more or less, to the southeast corner of said lands that were
conveyed in t1le said deed; AND THENCE, along the south line of said lands that were conveyed
in the said deedNO'RTH 89' 42' 33"WEST 393.00 FEET RETUllNlNG to the TRUE POJNf OF
BEGINNING and CONTAINING 9.0 ACRES, more or less.
.:P--b ~ ( 21 U)(J 7
REGISTERED
PROFESSIONAL
LA SURVEYOR
ORE
JULY 20,1993
REXA- ~ETZ
/-,,<: t?1" {",/~,I07
Date Received'.
FEe 1 8 2011
/., Origin::\3ubmittal
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