HomeMy WebLinkAboutPermit Miscellaneous 2001-10-18
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00229911200100739740030034 11/05/2001 02:56:41 PM
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After Recording Retern 'Ib:
Division of Chief Deputy Clerk
Lane County Deeds and Records
Robert G. Kokotan
490 south 79th. street
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springfield ore. 97478
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NOTIC-e' OF'ANNEXATION AGREEMENT
"NOTICE OF GIVEN THAT ~ca.""'tV Go"~
hereinafter referred to as the Owner and City of Sprin.g!ield, a municipal corporation of the State of
Oregon, hereinafter referred to as the City, on the 18' , day of Oc.+~be.... .20 () I ,
entered in~o/an agreement governing an annexation to the city of real property. id.entified ~s ' .
Tax Lot /7/<32.../.3, I.~o , Assessor's Map "I~Of; , a legal descnptlon of whIch IS
attached as E5<hib(t "A" and incorporated by reference, herein.
"
The use and development of the above property is governed by the terms and conditions of the
Consent to Annexation document signed by the Owner and the City. The Consent to Annexation
document is filed in the Development Services Division of the City, to which reference is hereby made
for all matters and things therein contained. This agreement is binding on the Owner' heirs, assigns
and successors in interest to the Property.
As used herein, the singular shall include the plural and the plural shall include the singular.
In WI~ES~ WHEREOF, the Owner has set their hand and seal this / ~ day of
( )c.. V. , 20() \ .
By: Ya 'f'- ,'IV c;;:: r:-A 0. Tr'-- By:
Owner b ~5, r::-....J pq N-u. (e Ii. l II.cI ::tf7? Owner
, ~ tU~PlIVe) ~12. Q7VtJ/
Ad~ss Address
STATE OF OREGON, County of Lan~ ......} ss. ).L
Persenally appear~ befqre me this ~ day of C <;:1 , 20 0 \ ,the within
named \ _ {.I\ r-; (\ (_ 'Y) r~ rY\ Cvl,v a~wledged the foregoing
h>TARY PUBLlC-OREGON .,
, COMMISSION NO. 346521 '
_ _ M~'~~'~~~~~I~~~~~ My Commission Expire: '
~ITNESS, WHEREOF, The Director of Designee has set their hand and seal thi0/ day
of (' '/lA ,20CJI ~V
By: ~p.?, t:k4/~
D~er1YSelVices'1::5ireclor.A>f the City of Springfield
, STATE OF OREGON, County of Lane} ss. ,
Personallx appeared before me this ?II day of lOthkr/ ,201)), the within named
!'\1JJ V. Ifu<JIlI1' . who aCk!iW;:ledged the~gOi,ng instrument tot
be their vol~ntary ?<:t. " .
, " , 'll! r;.'.'()FF1C1AlSEAl ~
BRENDA JONES r. I v
NOTARY PUBLIC, OREGON Notary Public of oreg~
; OMMISSION NO, 332473
~Y COMMISSION EXPIRES MAY 1',. 20~,4,~, ..-11/1 ..
lI!:.#!It!"e """~~",,,,<.r.~..Gd"~ My Commission Expires: I Y LUV h /mJ+
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This Notice of Agreement shall be, recorded by the Owner in the Deeds and Records Department at he Lane
County Courthouse. The original of this Document shall be returned to the Development Services Department,
City of Springfield, 225 Fifth Street, Springfield, Oregon 97477.' The recordation of this Document shall be
considered Notice of Agreement
NOTICE OF ANNEXATION AGREEMENT
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CONSENT TO ANNEXATION
FOR UF-10 URBAN FRINGE OVERLAY DISTRICT6 PROPERTIES
"
To: The City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as
City. ".
This is a Consent to Annexation by
~ rI iv C;:". j, q #'n..,
, hereinafter referr~d to as Owner.
RECITALS: The Owner represents the following:
1. The Owner possesses real property, hereinafter referred to as Property, more particularly
described in Exhibit "A", attached hereto and made a part hereof, located outside City Limits,
but within the adopted Urban Growth Boundary depicted in the Eugene-Springfield
Metropolitan Area General Plan.
2. the UF-10 Urban Fringe Overlay District described in Article 29 of the Springfield
Development Code, hereinafter referred to as SDC, has been applied to property.
3. By the terms of SDC, Section, 29.070(1 )(a), the Consent of Annexation, hereinafter referred to
as this Document, is required as a precondition to allow of the land use activity or development
desired by the Owner.
AGREEMENT:
The Owner consents as follows:
1 . The Owner' irrevocably consents to annexation of the Property to the City in consideration
for the allowance by the City of land use activity or development.
2. The Owner consents that the City Council, in its sole discretion, now or at any time
hereinafter, may adopt a resolution initiating annexatiol') under ORS 199.490 and 222.170
or any other applicable law or statute. The Owner consents to including in such proceeding
any other land the City Council may direct or which the Owner had petitioned and
consented to the annexation.
3. The Owner understands and consents that this Document may be used by the City to meet
the requirements of ORS 199.490 and 222.170. '
4. The Owner also irrevocably authorizes the City to present this Document to the Lane
County Local Government Boundary Commission to initiate any minor boundary change
under ORS 199.490(1} as an interim measure to provide service to the Property prior to
annexation to the ~ity. ' ,
5. The Owner consents, pursuant to ORS 222.115, that the Owner and any and all heirs,
successors and assigns with an interest in the Property shall be bound by this Document,
which shall run with the Property.
6. 'The Owner shall obtain the City's approval for any new land use activity or development,
change of land use activity or development, or intensification of land use activity or
development of the Property. The City will grant approval of the land use activity or
development 'if it is in compliance with applicable plans, policies, and standards as
inte~preted by the City.
CONSENT TO ANNEXATION 2
,.. .,
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.,. '. . In consideration of th ocument, the City agrees thatthe~pertY may receive municipal
, . 'services from the City and the Owner may undertake the de'~lopment of the Property in
,accordance with City Plans, policies and standards and with the applicable requirements of
Lane County.
-:' " 1,
8. As used herein, the singular shall include the plural and the plural shall include the singular.
Contemporaneously with the execution of this Consent to Annexation, the Owner is executing a
separate Waiver of Time Limitation form, pursuant to ORS 222.173, attached hereto and made part
of, as it condition of signing this Document. , -+J-...'
Ih WIJ:.NES,s WHEREOF; the Owner has set their hand and seal this /<g day of
r )C.1. ,20&; and with the above signature, I am verifying that I have the authority to
consent to the above on my own behalf or on behalf of my filin, agency or trust.
By: ~n'(V Cct"'I,Q~
Owner 3'$1. 'RJ. -:t/;7 '1
6(;5 GooJpa.f t",re
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Add~ss .;
By:
Owner
Address
STATE OF OREGON, County of Lan~ ~s. /)...- Darin Gorham,
Personally appeared before me this J..:2L day of ~ -+. ' , 20 0 I ,-tAe~
"c>~~::::efore:~::i:~~.,menl Ie? ;IUnlaryact: d~ed~, '
I. ~, OFFICIAL SEAL ; .-_~~_,_ -~
II. .11 ~~l~~,~6~~r: N~lIC~ ooftO ~~L-
M'{ rOMM1SSION ~PIRES JULY 26, 2005 , M C . 'E'
n-~-"'~:.>~'~:=-.--:-_._-~ y ommlss n xPlre.)
In WITNESS WHEREOF, The Director or D~iJJnee has s~t their hand and seal this
3/ day of C)~ _, 20L.Tl .
By: ~//~
DevtFenttServi~estr5irector ot' the City of Springfie.ld
STATE OF OREGON, County of Lane} ss. IlA , ~I
, Personally,appeared before me this IJJ I day of U017W/ ,20 () ( ,the
acknowledged the foregoing instrument to be their voluntary act and deed.
, ~W
.,.., - ~ "C~<~<:;~~ 1"1:'CC<""'" Notary Public of~on
OFFICIAL SEAL I
BRENDA JONES :
NOTARY PUBLIC - OREGON I
COMMISSION NO. 332473 · ~
...____".:~=ON '''"''' MAY n,lDO. My Commission Expires: 0 n .?rJi?4-
CONSENT TO ANNEXATION
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WA
AN ADD
OF TIME LIMIT ON CONSENT '....ANNEXATION
UM TO THE CONSENT TO ANNM.TION DOCUMENT
, .
WHEREAS, the Owner has executed a Consent to Annexation documentto the City on
the I ~.J.;' day of 0 c..+A ber--- . 200'1 , entered into an agreement governing an
annexation to the City of real property identified as Tax Lot n.,/D1. /.31, /30 , Assessor's
Map l{J!o 0 , a legal description of which is attached a~ Exhibit "A" and
incorporated by reference, herein. And is attached hereto; and.
WHEREAS, for the purpose of authorizing an annexation under ORD 222.170 or under
a proceeding initiated by ORS 199.490, only statements of Consent to Annexation which are
filed within anyone-year period shall be effective, unless a separate written Waiver of Time
Limit document forgoing the One,:,year period or prescribing some other period of time has
been entered into between an owner of Land and the City; and '
WHEREAS, the Owner signing this Waiver of Time Limit, will comply with the terns of '
the Consent to Annexation document so that the Consent to Annexation document will be
effective without regard to the one-year limitation under Oregon Law.
NOW THEREFORE, in consideration for the City's agreement that the Owner's Property
may receive municipal services from the City and the Owner may undertake development of
the Property in accordance with the SDC and other applicable City plans, policies and
standards and with the requirements of Lane County, the Owner hereby agrees to waive the
one-year period, pursuant to ORS 222.173. This Waiver of Time Limit is binding upon the
Owner, the Owner's heirs, assigns and successors in interest to the Property possessed by the
Owner.
,n WIT~ ESS WHEREOF,\the Owner has set their hand and seal this /c.o day of
OC ~,' , 20(} .
. '
By:'y..."'....... C::rha.n-- By:
Owner' I, "'r.r.c.. '7'\d.::tJ;7" Owner
6>s-'{' 6oo.J(A-S'f-t4"-e.. ~oJ .,... -r
, ~ (.(.~e ~~ () P... 97 t( 0 (
Addr'ess Address
STATE OF OREGON, County of Lane} ss , L
. , G P ~onally appeaJ:ed b~fore me this lS ' day of' Oe-r " , 20 ~, the
within nam'ed.. .JG ,'I (l_~ ..-:r)( rL;, rY) who acknowledged the
foregoing instrument to be ~r voluntary act and deed. . ~
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......,,~ "-"','",~'.-.::...e~~~"-:'--i ----------.:.. -.............. 1 /~~,~
OFFICIAL SEAL 1 " -'
, ',', BBETZ ,'N~ore~
: ", " NOTARY PUBLlC-OREGON '
~ COMMISSION NO, 346521 ,
~-:"'-::- ~~Ji~lssl9JtEX.!lRESJld!-12622005 f My Commission Exp' s:
~;"";;"""'''''~''_'~~''''''I;''''~''. -
This Waiver of Time Limit shall be~ recorded by the' Owner in the Deeds and records
Department at the Lane County Courthouse. The original of this Document shall be returned
to the :Development Services Department, City of Springfield, 225 Fifth Street, SP.ringfield,
Oregon 97477
WAIVER OF TIME LIMIT
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Division of Chief Deputy Clerk
Lane County ~~eds and Records
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00289858200200341240030032
05/01/2002 11:16:27 AM '
RPR-DECL Cnt=1 Stn=5 CASHIER 01
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DECLARATION
1. Owner (s) . :YQ,. /,.; GtJ,.i""",
is/are the fee owner(s) of the real property l~c~ted in .Lane County
Oregon more particularly described and set forth in Exhibit "A".
2. Extraterritorial Extension. Owner (s) have requested that: ,the
City of Springfield initia~e. an extraterritori~l water line extension
to Owner(s)' real property located outside the present city limits of
the City of Springfield and within the City of Springfield Metro, Plan
Urban Growth Boundary; the City of Springfield request the Lane County
Local Government,Boundary Commission to approve the extension; and, in
:the event of such a~proval that the City allow construction of such
extension.
3 . Notice. Owner (s) acknowledge that.,Owner (s) have..been informed by
the City of Springfield that sanitary sewer service and stormwater
.capacity may be unavailable to the real property and in the event of
'such, unavailability the city of Springfield may take the position that
the division or subdivision of the real property described in Exhibit
'\'A" is' inappropriate until such time as sanitary sewer service and
stormwatercapacity is available. Accordingly, the Owner(s)
understand that the City of Springfield may withhold approval of any
application for land division, including partition or subdivision, for
the real property more particularly described and set forth in Exhibit
"A" until such time as sanitary sewer service and storrrMater capacity
is available to such property. '
4. Purpose of Notice. This notice is placed upon the property by
Owner(s) so that all parties and persons including heirs, successors,
and assigns claiming under them has notice of the position of the City
of Springfield as set forth in Section 3.
~ ~C~__f7:-
Property Owner
Property Owner
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OFFICIAL SEAL
GEFU A. BElZ
NOTARY PUBLIC-OREGON
OOMMISSIGN NO, 342515" ,',
, MY COMMiSSION EXPIRES APmL 30',2099
........"..", .. . .. ,'~
Personally' appeared, beforeAe. thJ.s ;:;){(') day of., f'<\c\x-~h
2002, the above named~\ Y'- ("'C)'(\-uii\r\. , and acknowledged
foregoing instrument to be hiS/her voluntary act and deed.
AJ-b 1 Q '(].!lth
Notary Public for(9kegon
My Commission Expires: ~-~-()~
STATE. OF OREGON)
)
)
ss.
County of Lane
the
STATE OF OREGON
ss.
County of Lane
Personally appeared before me this day of
2002, the above named J and acknowledged the
~oregoinginstrument to be hiS/her voluntary act and deed.
;fe-it-( rt1 To "
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t;9t:J 5: 7i IA-
, ~f/~ ae 97t;7~
N:\CITY\Pworks\GENERAL\Declaration.wpd
Notary Public for Oregon
My Commission Expires:
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/17341:+5 '. 'OwW.~~~~ORD~~::ri~fH~i~tI6~;JO'f ~~AlJl~~~~j~"h:. ~l~;}h~;;
I r)'- ",.s OFFICE,OF COUNTY A5~~ESSOR:LANE'COUNTY. OREGON ,Ie, '_L;r'n~OO'" "
TAX LOT J,q". JUU ,'.'.". DUD Ri-CORD , ACRES
9-30-5 36 ", '" 17, 2 ' c. REMAINING
No, ' SECTION' TOWNSHIP ,,"", R:~l<GE E:, '_', OR ,Vi,' '"' W; M. VOL. PAGE
BEARING DISTANCE BEA'RING RE"ERE'~Ct OR LEGAL ,susDnilsrON " pg .2:- "
YEAR
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"Ex~: 1.,79 ae~" to T'.L.(4201) per'
R407/3S050. (i969) , , .
Exc: 0.67 ac. to'T.L.(4202) per
F.~.l:jP~0.(1969), .., ,"
,41 Cont. mil
Acreage co~~~~69) .
,,'/9~~~~ 'mil
Acreage Cbrrect10n fo~973
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11.34
10.91
10.88
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Aereage COrt:'ection for 1975 per DMD , . 10.84
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~Beginning at a point that is 777 .09 ,R108113~480
feet South 0013' East. from the South~ R.it"ql~S3qLJ2k'
west, corner of the Nelson Davis~ ,,'. ", ' " '"
Donation land Claim No. 50, in Town- f\1.b19/ll.3".9C}~Z7' "
ship 17 South, Range 2 West, Wi11a- '/ " ,
mette Meridian, and running thence
576.57.ft to the South line nf Section 35 in
said Township and Range; thence
N890131E '1181.12 ft along the South line. of said Section
35 and ,Section 36, to the Westerly
1 i ne, o{. ,a:}J60. 0 feet, Wi de roadway;' ,
thence,''':<)'' " , '
723.19 ft along thiWester1y .line oJ said road
thence;, '.." .; :. , ".','., ~,:
I (,i,.,~J !":, on a '316',:4~ feet radi us curve' ri ght '
, (the chQrd~ of which curve, bears "
.161 ~:58 '~ft)~~~l~t~6c~,?of~~8~ ,s61 f~~tl~'::<:lfien~'tPS:- '
652.15 ft to"the'Jplat:e'o~,beginning ,in,lan~ ' , !,'
'J' County; Oregon'<J:- .,", "'"
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EXCEPT: ',' ,~oinmencitig at the Southwest, " .' } ,
corner of'the Nelson Davis Donation '"~,I :~.' '
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Land Claim No. 50,' Township 17- South_',", ,
Range 2 West of:the'Willamette Merid~ :'.:,
ian; thence " ~',;, , ":
S 0013' E 1353.66ft according to thaf'::particu1ar map", /",,<
- titled "Kinney-Michael TractsU as' "'~':'/' ':':~\,
.. fi 1 ed. in. the offl:te of 'the. Lane-~Coun. .\8~Jlf 1 f.
- · ,. '. ' ty Surveyor Lahe~COunty, Oregon'~'aS'~:iC:~
':' .,' .." Survey 'File No~""7039,. a .distance"'{)f;j~it,4."
l ' ,1 .:l< '1, ,t;~ t.h~'.Sou;thwest~~'rne:~' o(~said,~ti,,\;'(t ,i;gr~~i '
~, .. " ,\:',~ ' " :", ~ ,". " ", '; i;~ ,: , ,/" }:i.~{2,:r';~}j/tn;;,;i ':~,'(I)'>:;":'~:"'~':' ' '
'. , ',,}. .... . I ... ~." ~~'t.rt . ,I'~r L,.' ~. ... ~l:~,. '. t>,1;t.,:'f: .,4 c" .. ,.' " I.' "ir.'~'~ .
" ' '.~ ,~"f;..~':~~", ....q~.~ . ~J' ~....,( "r,~..': ';;?,.~fl'" .,/'~,"\',',; .:':..,',r ,'; '" ".'\-: '~"';,
.' It "~t', :\l!t~..~.~...l, '~"( ,.r '
: l " ;", "')I!I'J\flflI.!fflil'fl1llJJlII;~';';rl)hll';,
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, 1980
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#7341-A~5
OLD NUMBER
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OffiCIAL RECORD OF DESCRIPTIONS OF REAL PROP~RTIES'
OFFICE OF COUNTY ASSESSOR LANE COUNTY. OREGON
144 566
ACCOUNT NUMBER
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TAX LOT'
MAP NO. 17 02 36 3
l PARCEL NO., . 4200 SECTION 36
TOWNSHIP -1L 8. RANGE Jl?
DEED RECORD
LEGAL DESCRIPTION
I INDENT EACH NEW I
COURSE TO THIS POINT
....
Ci nney-Mi chae 1 Tracts; thence
, ~orth 890131East along the South line of said
Kinney-Mi:hael Tracts 1181.12 feet to the Westerly line
of a 1,60.0) :foot wi de roadway; thence '
110ng the Westerly line of said road North 400
53' West 723.83 feet to the beginning of 316.50 foot
radius curve to the right, the beginning point ,of saild
,",C'J-wve.".b'eT1'g....,ref,erenced, on, the ground by a 1/2' inch ,jrQn
, rod as perpetuated from the original survey ,of said
Kinney-Mithael'! Tracts and bearing North 490 07' East
60 feet; thence
50uth 400 53' East 297.49 feet along the West-
erly line of said road to a 1/2 inch iron rod and the
beginni~g ~oint of thi~ description; thence, ,
South 480 46' West 506.22 feet to the South
line of s:iid Kinney-Michael Tract; thence
110ng the South line of sai'd Kinney-Micahel
Tracts North 890 13' East 306;99 feet; thence
, ~orth 500 51' East 267.94 feet to a 3/4 inch
iron pipe on the Westerly line of said road; thence
North 400 53' West 208.92 feet to the point of
beginnin~:,in lane County, Oregon.
ALSO EXCEPT: Commencing at the Southwest cor~
ner of U.e N. Davis, Donation land Claim No. 50, Town~
ship 17 South, Range 2 West, Willamette Meridian, thenc.!
South 000 13'. East 1353.66 feet according to
that particular map titled "Kinney-Miachel Tract~" as
filed in the pffice of the lane County Surveyor, in the
lane County, Oregon. as Survey No. 7039, to the South-,
west corr'er of said Kinney-Michael Tracts; thence
North- 890 13' East 1181.12 feet along the
South li~e of said Kinney-Michael Tracts to the West-
erly 1 in of a 60 foot roadway and the true"~pofnt2Qf~"
~igfnnifi' ~~:thence
, ~orth 40053' West 217.42 feet along the West-
erly 1in~ of said road; thence
, South 500 51' West 267.94 feet to the South
line of said Kinney-Michael Tracts, thence
along satd,South line North 890 13' East 350.1.1
feet to the point of beginning, in lane County, Oregon.
more or less
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DATE Of ENTRY DEED NUMBER
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ACRES
REMAINING
10.84