HomeMy WebLinkAboutNotes, Work PLANNER 6/6/2007
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ANNEXATION AGREEMENT -l' ~,,~ j) (;.a :
. ~.ty q Irpp flt"u;r- J
This Annexation Agreement ("Agreement") is made between the City of Springfield, an ~ t
Oregon municipal corporation ("City")~~d~~a Jean Zmolek, Sharon Kay Rodgers, Nicholas ~r
Wil~iam Platt, and Elena Lee Alba ("~,~!"). I W~ .
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RECITALS
A. APPLICANT owns the parcel ofland legally described in Exhibit.~, the Property, and
shown on the map attached as Exhibit B. The property is prox~t~'io..the jurisdi~~ional
limits of the City and is subject to annexation by the Lane Co~ty Local Government
Boundary Commission ("Boundary Commission") follo~liffil'tior boundary change
processes. <f' ,
--.e(Af\ltMtshr'~ f5 ~plt~ <~~ '\ .
B. APP~T has submitted to the City an Ann~~~tion Application Joili'iii1l No. LRP2006-
00029, dated October 9, 2006, for Assessor's Map No. ] 7-02-34-]2, Part ot 00400
("Property"). .
C.Xi!~~IC~ ~~~~rty.tothe C~~~d .seeks support from t1)e C:ity,for
the annexation before the Boundary ComnnsslOn. THe" gfie]d Common Councll has I
adopted Resolution No. _ suplfclrtin the annexation. . . f.
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D. The Property is currently designated "'~
and is zoned Low Density Residential (I!DR
according to the Sp . d Zoning Map
E. Annexation 0(;" ".ic roperty'&'f3uires a showrng under SDC 6.030(2) that the Property can be
provided wit1fTh'!'!!1j,pimum~level of key urb~acilities and services as defined in the Metro
. .' . .~. 9~owing ij;,'rfupported by the substantial evidence in the
record oftlie. oM~ili f""5(~fft:'""t:ity staffhas determined the minimum level of
key,r.u1!Fim0~~Ees.is curregtly avail~br;1&' the Property with the exception of public sanitarY
~(~r service, PU~lif\StormW-i!t;!.m'!Pagement service, and street connectivity to adjoining
Atogerty that fully ~\City S~dil'rds. The purpose of this Agreen:ent is to me~orialize
AP~IYJCANT's and G./;,ty;s cOIl)}Illtrnent and agreement to the allocation of financial
resp~n1i~ility for publi&!{acilities and services for the property and other users of the
faciliti~~utficient to reet the City's requirements for the provision of key urban services,
including I~'tl)~rm pJ'B"lic sanitary sewer, stormwater, interconnected transportation
systems, and Fn:e.arid'ii'Life Safety services necessary for an affirmative City
recommendatio~& the annexation request.
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After Recording, Return to:
City of Springfield
Public Works Department
.225 Fifth Street
Springfield, o.R 97477, .
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Attn: Engmeenng E>lV1S!On'~'-
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Place Bar Code Sticker Here:
Data ReceiVed:
Planner:
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F. . . A public SaIDtary 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.
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. An existing eight inch (8") public sailltary sewer system is located in the right-of-
way of 65 Street, to the west of the westerly curb and gutter. An existing cleanout
lies at the end of the existing sanitary sewer, approximately fifty feet (50') south of
the south line of the Property and appears to be located in tJ;1e pavement of an
~ existing driveway. This public sewer has the available c A!l':ci.ty. to serve the
Property.
. A new sanitary sewer main will need to be consD;Ji.~ e '. o~ the existing sanitary
sewer across lands not owned by the APRLICANW to th~.- erty to provide the
long-term planned sanitary sewer service to :~:P;'bperty. ,.. '. ,
. Prior to the construction of sanitary sewe y;~ installations unaer this agreement,
all necessary easements and/or necess,. . ghts-o\;way shall be gf~lll:9'~
. The new sanitary sewer main shall bg'/';: ed ~o be~.R,cated near !he '611Jerline of 65th
~ .",J S~eet and i~ no~erly and ea:>te.rly extensl~1l!li',~~1~osts associ<ited.mth thi~ r~-
j \-tA(II" ~gnrnent, ~cludmg but not hnnted ~o the re~rf and replacement of any eXlstmg
P'U driveway, Sidewalk, and pavement Will be the e ' ,e of the APPLICANT.
G. A public stormwater management sy~ "m sufficient capapjty'ito serve the Property and
other existing and proposed land uses~ the VlcrtJiJ:y.,p!the Pr!perty is also necessary to
support a finding that this key urban se~icei~$~1iifrw~:to$eTve the Property.
. . An exis~~!11i tormwater m!~~~ment sysFis located on ~e Springfie~d
School D~~c Sl the west oftl1~ Property. The storm sewer IS forty-two mches
(42") )li!~,~eter, , as sufficient~ity to serve the Property.
. Treatrnenf\b torm~<1~r runoff will occ,ur 91) site via an engineer,ed mechanical filter
system or bi1. et~fl1_~~~::~~~i:~;.J.""~'" '1' ..'.',
1.S1tI;>ilPC t veniY;:'ili~;taVailahlity of existing easements which will allow
conii~~:l~ the e;stin forty-two inch (42") diameter storm sewer, or provide new
easement(s~::as.neede
H. An ~[connected . portation system with the existing and proposed land uses in the
vicini~lI~the Prop~r:\i al~ require~ in order to p~ovide access and a transportation
system for"f1),e proVlslOD.ofFrre and Life Safety services to and from the annexed property.
. Acci:~~~,l+:Pro?erty is gained via a connection to ~5th Street (60' wi~e), which is
fully ITllm:!?yed With pavement, curb and gutter and Sidewalks on both Sides.
. The APpLICANT intends to extend 65th Street to the north and then east through the
Property, to a dead end at the East line of the Property, with a possible future
connection to 65th Place through the adjoining property. Another option is to provide
for a cul-de-sac at the terminus' of the 65th Street extension, which cul-de-sac would
lie entirely on the Property and not provide for future extension or connection to 65th
Place. Either scenario is proposed as a fifty feet (50') wide right-of-way.
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Date Received:
Planner:
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1. The Property lies near an area depicted as Flood Zone AE as shown on the Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), Map Number.
41039C1166 F, with an effective date of June 2,1999. "Ibis FIRM is known to contain
questionable flood elevation data based upon previous studies and observations of past
flooding in the area. These previous studies were conducted by independent engineering
[urns to investigate and analyze the floodplain data Results of these studies indicate that
the Flood Elevations as reported on the FIRM appear to be lower than the actual Flood
Elevations by several feet. . APPLICANT has provid~d a "Floodplain Assessment for Carr
Creek Subdivision", prepared by Branch Engineering, Inc., dated ~ctober, 2006. "Ibis study
provides further evaluation of the floodplain in the vicinity oftp~~Pf6'Pfrty, and includes
hydraulic modeling to assess potential I OO-year floodplain ele~fuions for Cedar Creek and
the McKenzie River adjacent to the site.
J. In order to facilitate orderly development of the Prop~w " d ensur v1i..full provision of
key urban services that are satisfactory to the Ci!Y/'aifdb1eet the City's cOnditions for an
affurnative recommendation for annexation to tile Boundi:IfY Commission, d in exchange
for the obligations of the City set forth bell1w, LICAN'!'\shall comply I?
requirements imposed on APPLICANT in this eementffl:!,.
Now, therefore based upon the foregoing,Recitals, which are s ecifically made a part of this
Agreement, the parties agree as follows:
A ;;r
1. Obligations of APPLIGANT. consist:i~tlithe abo citals and subject to the issuance
of Subdivision and Publ~:GrlPf(i~~ent Plan appr:~als, APPL CANT agrees to perform the
obligations set forth in,tI:li. s. sectiol.'..~..:.:....:
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l.l Apply for,"l~JJObtailIScl,division Teptative Plan. approval, pursuant to Springfield
...^"~ ,r7~~:ft)~""",'N _"n,'."~. .. . . .
. eve pment G9deArtlcle'3~~fron]the City for a resldentlal subdiVIsIOn on the
ic>-:_, i{~'1rl-~\,"'8$>V
'~\vithin siX;\t{i) months of the effective date of the Boundary Commission's
approval . PLIO~;rs~exation request. "Ibis section is subject to the
requiremen ectiom8~,d)elow.
1rY
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Iy for, andg}ain, Subdivision Plat approval pursuant to Springfield
D".,.elopment cpde Article 35, from the City for a residential subdivision on the
P;~~ withiA'ufwo (2) years, unless extended by the City, of the date of the Limited
Land''Gr~~,~~6rsion issued by the City for any Subdivision Tentative Plan approval
issued pUfsUant to Section 1.1, above. "Ibis section is subject to the requirements of
Section'g, below.
1.3 Subject to Subdivision Tentative Plan approval, City Engineer approval of the
, irequisite 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:
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Date Received:
Planner:
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1.3.1
1.3.2
1.3.3
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APPLICANT shall construct public sanitary sewer systems to connect to the
existing eight inch (8") public sanitary sewer which lies in the right-of-way
of 65th Street. Said connection and extension of the existing eight inch (8")
sanitary sewer shall be designed to an alignment near the centerline of 65th
Street and the proposed continuation of said street, as per Section 2 of the
City's Engineering Design Standards and Procedures Manual (EDSPM).
APPLICANT shall bear the full cost and obligationc~9 design and construct
the proposed sanitary sewer systems that connes~~ffllie,existing systems,
including but not limited to associated easemefi~ engineering costs, permit
applications and fees, legal costs, constructi6t4R~ . pection costs, and the
Preparation of as-built plans I'
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Prior to or concurrent with SubdiviS~~la;"or Public vement Plan
approval by the City, whichev~f6~es fir~t, for any portio, the froperty,
APPLICANT will provide Wf~~~ securi~,~cceptable to tli~'for all
costs associated with the above si1iu se~~ii:system construcnon.
~ $f
1.4 Subject to Subdivision Teqtative Plan approv ~'0'; Engineer approval of the
requisite Public Improvemg~~ij:?l<p1s, Final InspeCfipg,.submittal and approval of the
requisite As-built Plans, and'f'(~~~~ by the cO~iFouncil, and p~or to
Occupancy Approval for any fi:~w S Ph ~ on the Pro~rty, develop on-sIte and off-
site public stormwater management '. rovide drainage service to the
development . allows:
1.4.1 all construct;public stormwater management systems to
t treat, nvey and discffiy-ge stormwater from the Property and the
ups ....... tri .... .... ..... ..'!!eas via anl!irn-site engineered bioswale or mechanical
filter ~~~~.)~t1{~lli5li~e easement, and into the public stormwater
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es.
Pre ,,~~e .stu ~~ ans, permi~ applicatio~, and other supporting
docuniematJon qetessary to obtaIn the pe=ts and other approvals necessary
to cons~ct the stormwater management system described in item 1.4.1,
above. ~PLICANT will be required to specifically demonstrate to the City
at th~'have obtained any required easement(s) on, over and across the
9iffihg lands that may be required to connect to the existing fortyctwo inch
XL..,,\ij<
~2") storm sewer which lies on the Springfield School District property.
1.4.3 APPLICANT has provided a floodplain assessment as described in item I of
th~ recitals. Although the City can accept the content of this study based
upon the expertise of Branch Engineering, Inc., the City is not in a position to
approve or defend the methodology, hydraulic modeling calculations, or the
results of this study. The ultimate authority for these determinations lies with
the Federal Emergency Management Agency (FEMA) and/or the Army
Corps of Engineers (ACOE). It is the City's understanding that the ACOE is
considering developing revised floodplain studies that will include the area of
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1.4.4
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the Property. The City reserves the right to defer to the results of any' revised
or updated FEMA and/or ACOE information that is published ,concerning
floodplain elevations, floodplain mapping, or related data. The' City ~\l
allow the proposed development to proceed based upon the APPLICANT's
submittal, at the risk of the APPLICANT, and specifically with the caveat
that any such revised or updated floodplain data or :maps will be the
information to be applied to the Property in the future. During the review
process for any Building Permits, the City will utilize the most current
reliable data at the time of that review for the determination of floodplain
boundaries and elevations. Any part of the ProI!~~!ivbJch is adversely
affected by any future floodplain data or map~~~ll be the liability of the
APPLICANT or their heirs, executors, assi~~strators, and
successors. APPLICANT and their heirs~xecuto ,signs, administrators,
and succ.essors her~by agree to ho.ld-",~~<:itx h~ess .. ~~e eve~t of an~
legal actIOns resulting from any dlsputes'i'eoncermng thetflpodplarn locabon
and/or elevation.
Grant to the City the easements ~~grJl)-ac~ess, operate, <y1 . ~aintain a
stormwater management system on '. .J"Operty. Easements for piped
portions of the system will be a minim fourteen feet (14') wide arid
may be wider depe<<ding,upon the size an'pth of the pipes within the
easement. Easemen~~tJ.fu"S'foI open chann~lliP'orticins of the system shall be
determined based upoJi\th~~~, 'dth ofthe"l\li1:'nnel plus ten feet (10') on
one side and twenty- fiv'r~et (~~i) 1;ll.efside to accommodate access
and . (lance by City I!ers.<fnnel an riJpment. Actual easement widths
~~i will be deteJfi'iried during.fue Subdivision Tentative Plan
ew.
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1.5
, 1.4.5 AP .' ~AN a1 .bear the full cost and obligation to design and construct
'~~;Z:::'~ 'c'>>>+-___,-d"y . ..
the proP~;;"r".. _..~~~anagement systems that connect to the eXlstmg
terns, fuBltid.ing but not'limited to associated easements, engineering costs,
peW\!1.applnr:t~.Q~~d fees, legal costs, construction and inspection costs,
and'tJt~p'repara'fi'ciJiiOf as-built plans.
Pri~r i. conc!ent with Subdivision Plat or Public Improvement Plan
approvalJ,y the City, whichever comes fust, for any portion of the Property,
JA.\)t ,
APPL]@ANT will provide financial security acceptable to the City for all
.. . sts~sociated with the above stormwater management system construction.
SUbject';ubdivision Tentative Plan approval, City Engirteer 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 construct a fully-improved on-site public street system to
provide for the logical and 'orderly extension of the following public streets:
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Data Received:
Planner;
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Extension of 65th Street throUgh the Property from the existing end
of pavement near the southwest corner of the property, and
northerly and easterly to the east line of the Property. Alternatively,
the APPLICANT may submit plans to include a cul-de-sac which
lies entirely on the Property on the easterly extension of 65th Street.
1.5.2
APPLICANT shall bear the full cost and obligation to design and construct
the proposed transportation system, including but not limited to associated
easements, engineering costs, permit applications~d~f~es, legal costs,
construction and inspection costs, and the pre . on of as-built plans.
1.6
1.5.3 Prior to or concurrent with Subdivision P or Pii15Jmprovement Plan
approval by the City, whichever co~4~ for anl""'1!&.. . on of the Property,
APPLICANT will provide financi~security acceptable. e City for all
costs associated with the above Ai" portation system cons ction.
Provide and be financially responsible fo e ro~l;!"Of any additig al urban
facilities and services identified during the reY.1eWand approval of the Subdivision
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Tentative Plan and/or the P bhc Improvement'l}ll!D5 as necessary to serve the
development of the Prope .. luding the const\!b.~tion and maintenance thereof.
1.7
In determining APPLICANT'... rovements described in this
Agreeme~t, the full cost for theV;p{ovi~ ,. "lpl~ements at the time of
construction shaJl..be used. For tI11i.p.prposes 0 ..'s Agreement, the full cost shall
include dt;si~.f~~truction, acqulsftion oflandPand/or easements, studies, permits
from all~encies ~Wihgjurisdictio~.attomey's fees, and all other costs reasonably
associfi'!~d}"'" . th the . lementation O"ti eineeded improvements.
2.
2.2 . Con u ely review and decision making of the Subdivision Tentative Plan,
Public Iii:J,provement Plan, and Subdivision Plat applications in accordance with City
procedures for the development of the Property. .
3. Covenants Running 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, assigris, 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
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Date RecElived:
Planner:
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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 of this 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 system, and transportation system for the proposed
development.
5.
Mutual Cooperation. City and APPLICANT shall endeavo}!~:mutually cooperate with each
other in implementing the various matters contained herein~ . ''I'
<if
Waiver ofRilffit of Remonstrance. APPLICANT ag[~s\ sign any, d all waivers,
petitions, consents and all other documents necess~t~obkin the p~~facilities and
services described herein is benefiting the Pronf'JY, under any Improve~t"J.\ct or .
proceeding of the State of Oregon, Lane Cotilttior the Citx,and to waive alifliiwtfto
remonstrate against these improvements. APPf;I~ do'l;'1\not waive the ri~lit to protest
. ~""9-~e'. ~ of.
the amount or manner of spreading the assessment tl'ie~of, if the assessment appears to
APPLICANT to be inequitable or<€perate unfairly u~lt!'tJ:1e Property. APPLICANT waives
any right to file a written remonstr3ltSe,<'l-gainst these im~t.;ments. APPLICANT does not
waive its right to comme.nt Up?~ an~~rop~~ed Local Impr6V~~t;Ilt'District (LID) or any
related matters orally or m wntmg. \ . , .. ,rr
Modification of Agreetpen~ This AgrJrn..wfmay oriiYlf~"modified in writing signed by
both parties. Any",iff5'difi~lii.ions to this agi1lement shallTequire the approval of the
Springfield Co,!,~on Cotili'~~~ This Agree}!ent shall not be modified such that the key
urb~ faciliti~1~erv!ces~ defined in th~~;tro Plan Policy 8a, p.II-B-4 and as required
herem are not proV1d~(LIll a' . el manner e Property.
Land~!,"!g in tlli~t4greement sfiiill be construed as waiving any requirements of the
~pdngfield D~elpRment C(f4~or Sgringfield Municipal Code wliich may be applicable to
~~.);!Se and develofm]pt ofthi~~wperty. Nothing herein shall be construed as the City
proViding or agreeing(t6\provid~pproval of any building, land use, or other development
app'H[~Qn or Land aJd'iprain;ge Alteration Program (LDAP) permit application submitted
by APPThI@ANT. } ~W
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APPLICANT<]~~Q~s;and ~derstands its rights under Dolan v. City of Tigard and by
',- ente~? into thij~greement hereb~ w!lives any requirement that the City demons~ate the
'publIc IIJ;lprovepents and other oblIgatIOns of APPLICANT, for payments, finanCIal
'--responsibilitY and reimburs~ments set forth in Section 1, required herein, are roughly
proportional to the burden and demands placed upon the urban facilities and services by the
development and to the impacts of the development of the Property. APPLICANT further
waives any cause of action it may have pursuant to Dolan v. City of Tigard and its progeny
arising out of the actions described herein.
6.
7.
8.
9.
10.
APPLICANT knows and understands any rights it may have under Oregon Revised Statutes
(ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2,2004.
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Date Received:
Planner;
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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.
I I. Invaliditv. 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
provision of this Agreement. The validity, meaning, enforceability, and effect of the
Agreement and the rights and liabilities of the parties hereto shall be determined in
accordance with the laws of the State of Oregon.
oecei'lea:---
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DATED this _ day .of
,2007,
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
first herein above written.
STATE OF OREGON } 55_
COUNTY OF LANE_/;\
A~ ~~~:
BE IT REMEMBERED,tlfuton this:,' day Qf~ ,2007
before me, the undersigndif~no!iifhp.ltQlic in anMfor said County and State, personally
appeared the w:iJ:l:rin-ll;uned ,'sliifdrn'J1~~oleK(Sharon Kay Rodgers, Nicholas William Platt,
and Elen~~A-:r15'fu-~~e iden~lI~as proved'io me on the basis of satisfactory evidence and
who executed the withili'llnstrument,afid acknowledged to me that Sandra Jean Zmolek. Sharon
Kay R~ers. Nicholas W~ Platt.GdElena Lee Alba executed the same. freely and
volulltarll '" ".\}"
WI
IN TESTIMO '.l~WI-iEREOF~1ihave hereunto set my hand and affixed my official seal the day and
year last above Wi'ilt;;'n. ,,'
Sanc\I:_
(THrEE) ~.'
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ISnaron Kay Rodge,k.
~(7' (TITLE)
s.,~_ \,
.-'Nii'. .
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. .1wzil"Nlcholas.WlIham Platt
"1@'J'FEE) .
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ElenacLee Alba
(TITLBfV
- APPLICANT
Notary Public for Oregon
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My Commission Expires
9tM "_Wed:
PlftnRl!!lr~
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CITY OF SPRINGFIELD
STATE OF OREGON
COUNTY OF LANE
} 88
By:
Gino Grimaldi, City Manager
BE IT REMEMBERED that on this _~ .... -2007 before me, the
undersigned, a notary public in and for sriia C5ili't~lII!d State, p~onally appeared the within
named Gino Grimaldi wh~se identity was p~~ed ~~~~~aSis of sa~s~actory evidenc~ ~d
who by me duly sworn, di4~~.Y that he IS lli%Ehty Manager of the WIthin named munlClpal
corporation and does aClcn~~~~said instrum~gt to be the'free act and deed of said municipal
corpora~on, and tha~~~.seal affil~ to s,aid ~~ent is, the Corporat~ seal ~f. said municipal
corporatIon, and that' saI~ent'was signed ani:n.~ealed ill behalf of SaId mumclpal corporatIOn
by authority of its Common "",;,;c)'
_..ow. ,.....#
~~~J:~~.~~ -.''F
IN TEST~@m~OF" ve hereunto set my hand and affixed my official seal the day and
year I ove written,
NOTARY PUBLIC FOR OREGON
My COMMISSION ExpIRES
Date ReeeiveQ;
Planner: ,',
.'
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V:\deveIopemenl reviewIDeveIopmenl AppIications\2006\LRP2006-ILRP2006-00029, Plat!- B IankenshipIPlatt-
Blankenship Annexation Agreement-lev I.doc
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