HomeMy WebLinkAboutOrdinance 6290 04/01/2013ORDINANCE NO 6290
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING
THE SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, a request to annex certain territory was submitted on February 5, 2013, said territory being
segments of Franklin Boulevard right -of -way within Assessor's Maps Township 17 South, Range 03 West,
Section 33, Map 44; Township 17 South, Range 03 West, Section 34, Maps 31 -33; Township 17 South, Range
03 West, Section 34, Maps 43 & 44; Township 18 South, Range 03 West, Section 02, Map 33; Township 18
South, Range 03 West, Section 03, Maps 11, 14 and 40; and Township 18 South, Range 03 West, Section 10,
Map 10; and a parcel municipally addressed as 4095 Franklin Boulevard (Assessor's Map Township 17 South,
Range 03 West, Section 34, Map 33, Tax Lot 9100) as generally depicted and more particularly described in
Exhibit A to this Ordinance; and,
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7 -100 and
ORS Chapter 222 to accept, process, and act on annexations to the City; and,
WHEREAS, consistent with SDC 5.7 -125.A and ORS 222.111(2), the Common Council of the City of
Springfield initiated the annexation of said territory by adoption of Resolution 2013 -02 on "January 22, 2013
attached hereto as Exhibit B to this Ordinance; and,
WHEREAS, this annexation has been initiated in accordance with SDC 5.7 -125.A and ORS 222 and
has been set for public hearing; and,
WHEREAS, the territory proposed to be annexed is within the City's urban growth boundary and is,
contiguous to the City limits [SDC 5.7- 140.A], and the annexation is consistent with the "Urban Transition and
Annexation" section of the adopted Glenwood Refinement Plan; and,
WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and
efficient manner as outlined in the adopted Glenwood Refinement Plan, and there is a logical area and time within
which to deliver urban services and facilities [SDC 5.7- 140.C]; and,
WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's
recommendation to concurrently annex the subject territory to the W illamalane Park and Recreation District, as
this special district is a service provider for the City [SDC 5.7- 140.B]; and is consistent with the intergovernmental
agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and,
WHEREAS, a Staff Report was presented to the City Council with the Director's recommendation to
concurrently withdraw the annexation territory from the Glenwood Water District, as the City of Springfield acting
by and through the Springfield Utility Board would provide water utility service directly to the area after it was
annexed to the City [SDC 5.7- 160.B]; and,
WHEREAS, on March 18, 2013, the Springfield Common Council conducted a public hearing and is now
ready to take action on this application based on the recommendation and findings in support of approving the
annexation request, and the Glenwood Water District's withdrawal as set forth in the aforementioned Staff Report
to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing
held in the matter of adopting this Ordinance.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: The Common Council of the City of Springfield does hereby approve annexation of the
following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory
being a segment of Franklin Boulevard between the 1 -5 bridge and the existing City limits at the intersection with
McVay Highway; a segment of Franklin Boulevard between the existing City limits at the intersection with McVay
Highway and the intersection with 1 -5; and a parcel municipally addressed as 4095 Franklin Boulevard (Assessor's
Map 17- 03- 34 -33, Tax Lot 9100) as generally depicted and more particularly described in Exhibit A.
SECTION 2: The withdrawal of territory described in Section I above from the Glenwood Water District
shall become effective on June 30, 2013.
SECTION 3: The City Manager or the Development and Public Works Director shall send copies of this
Ordinance to affected State and local agencies as required by SDC 5.7 -155.
SECTION 4: This Ordinance shall become effective 30 days from the date of its passage by the City
Council and approval by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS
222.180, whichever date is later.
ADOPTED by the Common Council of the City of Springfield this 1st day of April 2013,
by a vote of for and _o against. (1 Absent - Brew)
APPROVED by the Mayor of the City of Springfield this 1st day of April 2013.
ATTEST:
Q,,orw�o-uf�
City Rec r er
IFk.r1! 'i` R A"PROVED
OFF!","-, OF CITYAlJORNEY
Mayor
ORDINANCE NO. 6290.
Glenwood Franklin Boulevard Annexation Description
Tract 1:
Exhibit A -1
The South portion of Franklin Boulevard, which is aligned in a Northerly /Southerly
direction; said portion also known as McVay Secondary Highway, Old U.S.
Highway 99, Highway 225, or as relocated Pacific Highway No. l; said portion being
South of the McKenzie Highway bridge over the Willamette River; and being
further described as follows:
Beginning at a point in the Southeast quarter of Section 34, Township 17S, Range 3W, of
the Willamette Meridian, Lane County, Oregon, said point marking the Southwest corner
of that tract of land described in a deed from William R. Greenhoot and Greenhoot
Construction, Inc. to WRG Properties, LLC recorded November 28, 1997 as Instrument
No. 9780986, Lane County Oregon Official Records (current tax map and lot number
17033444, 00101), said point being on the Easterly right of way line of Franklin
Boulevard, said point being on the Northerly right of way of the Southern Pacific
Railroad, and said point also being on the current city limits line;
1) Thence South 71' 28' 00" West a distance of 60.00 feet, more or less, on the Northerly
right of way line of said Southern Pacific Railroad, which is also the current city limits
line, to the current Westerly right of way line of Franklin Boulevard;
Thence on the current Westerly right of way line of Franklin Boulevard the following 26
courses, numbered 2) through 27):
2) Thence leaving the current city limits line South 18° '32'00" East a distance of 427.76
feet, more or less, to a point of curvature;
3) Thence on a non tangent curve turning to the left, with an are length of 167.55 feet,
with a radius of 2894.70 feet, with a chord bearing of South 19e 19' 37" East, with a _
chord length of 167.53 feet, more or less;
4) Thence South 20° 30' 00" East a distance of 944.98 feet, more or less, to a point of
curvature:
5) Thence on a non tangent curve turning to the right, with an arc length of 31837 feet,
with a radius of 1217.97 feet, with a chord bearing of South 130 00' 42" East, with a
chord length of 317.46 feet, more or less;
6) Thence South 5° 31' 24" East a distance of 234.51 feet, more or less, to a point
marking the Northeast corner of that tract of land described in a deed from Wildish
Industrial Development Corporation to the State of Oregon, by and through its State
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Exhibit A -2
Highway Commission, recorded March 27; 1968 at Reel 385R, Instrument 18823, Lane
County Oregon Official Records (current tax map and lot number 18030314, 02002);
7) Thence on the North line of said 1968 State Highway Commission tract, North 88° 54'
00" West a distance of 40.27 feet, more or less:
8) Thence on the West line of said 1968 State Highway Commission tract and its
Southerly extension, South 5° 31'24" East a distance of 931.38 feet, more or less, to a
point marking the Northwest corner of that tract of land described as Parcel 2 in a deed
from Wildish Industrial Development Corporation to the State of Oregon; by and through
its State Highway Commission, recorded March 9, 1966 at Reel 2831). Instrument 39389,
Lane County Oregon Official Records;
Thence on the Westerly line of said 1966 State Highway Commission tract the following
3 courses. numbered 9) through 1 l ):
9) Thence South 7° 35' 35" West a distance of 198.21 feet, more or less;
10) Thence South 4° 40'48" East a distance of 49.69 feet, more or less;
11) Thence South 37° 47' 18" West a distance of 66.97 feet, more or less:
12) Thence continuing on the West line of said 1966 State Highway Commission tract
and its Southerly extension South 6° 39' 08" East a distance of 685.16 feet, more or less,
to a point on the North line of that tract of land described in a Correction Deed from Lane
County, a political subdivision of the State of Oregon, to the State of Oregon, by and
through its State Highway Commission, recorded February 29, 1968 at Reel 381 R,
Instrument 15838; Lane County Oregon Official Records; said Correction Deed having
corrected the original deed executed by the same Grantor /Grantee. recorded March 12,
1965. Reel 261 D, Instrument 95368 (current tax map and lot number 18030340, 00600);
13) Thence on said North line, South 84° 32'00" West a distance of 48.76 feet, more or
less, to a point on the Northeasterly right of way line of the Southern Pacific Railroad,
said railroad also known as the Central Oregon Pacific Railroad;
14) Thence leaving the current Westerly right of way line of Franklin Boulevard.
continuing on the Northeasterly right of way line of said Southern Pacific Railroad
South 27° 40' 00" East a distance of 130.98 feet, more or less;
15) Thence leaving the Northeasterly right of way line of said Southern Pacific Railroad,
crossing over said railroad, and continuing on the current Westerly right of way line of
Franklin Boulevard South 0° 26' 05" East a distance of 80.45 feet. more or less:
16) Thence South 4° 22'20"
West a distance of 368.38 feet;
more or less;
17) Thence South 9°
10'45 "
West a distance of 109.55 feet.
more or less;
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Exhibit A -3
18) Thence South 30° 58' 50" West a distance of 161.55 feet, more or less;
19) Thence South 9° 10'45" West a distance of 13638 feet, more or less;
20) Thence South 10° 10'45" West a distance of 200.55 feet. more or less;
21) Thence South 8° 10'45" West a distance of 6534 feet; more or less;
22) Thence South 18° 23)'09" East a distance of 111.80 feet, more or less;
23) Thence South 1 ° 39' 14" East a distance of 222.49 feet, more or less;
24) Thence South 15° 45' 34" West a distance of 94.96 feet, more or less;
25) Thence South 2°
50'26"
East a distance of 213.79 feet,
more or less
26) Thence South 4°
50'26"
East a distance of 189.01 feet,
more or less
27) Thence South 0° 52' 12" West a distance of 201.00 feet, more or less to the Southeast
corner of that tract of land described in a deed from Pacific Conifers. LLC to Frank L.
Brewer recorded January 3. 2008 as Instrument No. 2008 - 000538, Lane County Oregon
Official Records (current tax map and lot number 18031010, 00200);
28) Thence leaving said current Westerly right of way line of Franklin Boulevard, on the
South line of said Brewer tract and its Westerly extension South 71 ° 48' 35" West a
distance of 179.14 feet, more or less to the centerline of the Pacific Freeway (Interstate)
Number I -5. said centerline also being the current Springfield UGB line:
29) Thence on said centerline of the Pacific Freeway, also being said Springfield UGB
line South 18° 11' 25" East a distance of 951.00 feet, more or less to an angle point in
said Springfield UGB line;
30) Thence leaving said centerline of the Pacific Freeway and continuing on said
Springfield UGB line North 88° 59'44" East a distance of 158.64 feet, more or less to the
current Easterly right of way line of Franklin Boulevard;
Thence on the current Easterly right of way line of Franklin Boulevard the following 28
courses; numbered 31) through 58):
31) Thence leaving said Springfield UGB line North 8° 29' 18" East a distance of 196.70
feet. more or less:
32) Thence North 8e 41' 31 " West a distance of 1174.92 feet, more or less
33) Thence North 2° 50'26" West a distance of 295.41 feet; more or less;
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Exhibit A-4
34) Thence North 2° 40'09" East a distance of 68.75 feet, more or less:
35) Thence North 8° 10'45" East a distance of 250.46 feet, more or less;
36) Thence South 81 ° 49' 15" East a distance of 10.00 feet, more or less;
37) Thence North 8° 10'45" East a distance of 44.78 feet, more or less;
38) Thence North 10° 10'45" East a distance of 198.72 feet, more or less:
39) Thence North 9° 10'45" East a distance of 303.77 feet, more or less;
40) Thence North 12e 10' 56" East a distance of 15' .85 feet, more or Tess;
41) Thence South 77° 45' 14" East a distance of 30.00 feet, more or less;
42) Thence North 11 ° 01' 00" East a distance of 205.12 feet, more or less.. to a point of
curvature:
43) Thence on a non tangent curve turning to the left, with an arc length of 160.36 feet,
with a radius of 716.20 feet, with a chord bearing of North 5° 50' 36 "East, with a chord
length of 160.02 feet, more or less:
44) Thence North 0° 34' 15" West a distance of 9.30 feet, more or less, to a point of
curvature;
45) Thence on a non tangent curve turning to the left, with an are length of 51.25 feet,
with a radius of 2315.83 feet, with a chord bearing of North 1 ° 12' 11 " West, with a chord
length of 51.24 feet, more or less;
46) Thence South 88° 09' 47" West a distance of 10 feet, more or less, to a point of
curvature;
47) Thence on a non tangent curve turning to the left, with an arc length of 88.92 feet,
with a radius of 2303.83 feet, with a chord bearing of North 2° 56' 34" West, with a chord
length of 88.91 feet, more or less;
48) Thence South 85° 57' 06" West a distance of 10 feet. more or less, to a point of
curvature;
49) Thence on a non tangent curve turning to the left, with an arc length of 59.00 feet,
with a radius of 2291.83 feet, with a chord bearing of North 4° 47' 09" West, with a chord
length of 58.99 feet, more or less;
50) Thence North 5° 31' 24" West a distance of 144.10 feet, more or less;
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Exhibit A -5
51) Thence South 84° 28' 36" West a distance of 10 feet, more or less;
52) Thence North 5° 31' 24" West a distance of 200.00 feet, more or less;
53) Thence South 84° 28' 36" West a distance of 10 feet. more or less;
54) Thence North 5° 31' 24" West a distance of 1786.73 feet, more or less, to a point of
curvature:
55) Thence on a non tangent curve turning to the left, with an arc length of 334.05 feet,
with a radius of 1277.97 feet, with a chord bearing of North 130 00'42" West, with a
chord length of 333.10 feet, more or less;
56) Thence North 20° 30' 00" West a distance of 945.49 feet, more or less, to a point of
curvature;
57) Thence on a non tangent curve turning to the right, with an arc length of 164.99 feet,
with a radius of 2834.70 feet, with a chord bearing of North 19° 19' 04" West, with a
chord length of 164.96 feet, more or less;
58) Thence North 18° 32' 00" West a distance of 427.76 feet, more or less, to the Point of
Beginning.
Tract 2:
The North portion of Franklin Boulevard which is aligned in an Easterly/Westerly
direction, said portion also known as Highway 126, McKenzie Highway, Old U.S.
Highway 99, or as relocated Pacific Highway No. 1; said portion being West of the
McKenzie Highway bridge over the Willamette River, further described as follows:
Beginning at a point in the Southeast quarter of Section 34, Township 17S, Range 3W. of
the Willamette Meridian, Lane County, Oregon, said point marking the Northeast corner
of that tract of land described in a deed from Maxwell Family, LLC to Equilon
Enterprises, LLC recorded April 1, 2002 as Instrument No. 2002 - 025060, Lane County
Oregon Official Records (current tax map and lot number 17033443, 00100),. said point
being at the intersection of the Southerly right of way line of Franklin Boulevard and the
Westerly right of way line of South Brooklyn Street, and said point also being on the
current city limits line;
1) Thence leaving the Southerly right of way line of Franklin Boulevard North 10 50' 58"
West a distance of 72.26 feet, more or less, to the intersection of the Northerly right of
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Exhibit A -6
way line of Franklin Boulevard and the Westerly right of way line of North Brooklyn
Street: which is also on the current city limits line;
Thence on the current Northerly right of way line of Franklin Boulevard the following 26
courses. numbered 2) through 27):
2) Thence leaving the current city limits line North 77° 28'44" West a distance of 73.00
feet, more or less to a point on the East line of that tract of land described in a deed from
Taylor Ramsey to Ramsey Properties Limited Partnership recorded January 25. 1996 as
Instrument No. 9605074, Lane County Oregon Official Records (current tax map and lot
number 17033442. 00700), said point being North 1' 43' 44" East a distance of 10.18
feet, more or less from the Southeast corner of said Ramsey tract, said Southeast corner
being defined by County Survey File number 41541, by the Oregon Department of
Transportation, and filed in the Lane County Oregon Surveyor's Office Official Records;
3) Thence South 1 ° 43'44" West a distance of 10.18 feet, more or less to the Southeast
corner of said Ramsey tract;
4) Thence North 77° 28'44" West a distance of 81.44 feet, more or less to the Southwest
corner of said Ramsey tract;
5) Thence North 1 ° 43' 50" East a distance of 10.18 feet, more or less;
6) Thence leaving the West line of said Ramsey tract North 770 28'44" West a distance
of 760.38 feet, more or less to the Southeasterly comer of that tract of land described in a
deed from Oldham Properties LLC to Lane Transit District (LTD) recorded January 25,
2006 as Instrument No. 2006- 005752. Lane County Oregon Official Records:
7) Thence North 1' 45'46" East a distance of 5.07 feet, more or less to the Northeasterly
corner of said LTD tract:
8) Thence North 76° 04' 00" West a distance of 127.54 feet, more or less to the
Northwesterly corner of said LTD tract;
9) Thence South 1° 45'48" West a distance of 4.56 feet, more or less to the
Southwesterly corner of said LTD tract, said point also being a point of curvature:
10) Thence leaving the West line of said LTD tract on a non tangent curve turning to the
right, with an are length of 134.81 feet, with a radius of 1395.14 feet, with a chord
bearing of North 70° 34' 12" West, with a chord length of 134.75 feet, more or less;
11) Thence North 67° 48' 14" West a distance of 455.48 feet. more or less to a point of
curvature:
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Exhibit A -7
12) Thence on a non tangent curve turning to the left, with an are length of 252.37 feet;
with a radius of 514.71 feet, with a chord bearing of North 81 e 5 V 01 " West, with a chord
length of 249.85 feet, more or less;
13) Thence South 84° 06' 16" West a distance of 647.29 feet, more or less to the
Southeasterly corner of that tract of land described in a deed from CEDARAPIDS_. INC.
to the State of Oregon, by and through its Department of Transportation recorded
September 28, 1995 as Instrument No. 9554713, Lane County Oregon Official Records,
said point also being a point of curvature;
14) Thence North 5° 49' 58" West 6.65 feet, more or less;
15) Thence on a spiral curve left (the long chord of which bears South 83° 25' 59" West
154.91 feet) a distance of 154.92 feet, more or less;
16) Thence South 89e 43' 38" West a distance of 39.81 feet, more or less to a point of
curvature:
17) Thence on a spiral curve left (the long chord of which bears South 82° 10'29" West
31.68 feet) a distance of 31.68 feet, more or less;
18) Thence North 8e 38' 31 " West a distance of 4.81 feet, more or less to a point of
curvature:
19) Thence on a non tangent curve turning to the left, with an arc length of 15.83 feet,
with a radius of 2919.29 feet, with a chord bearing of South 810 12' 10" West, with a
chord length of 15.83 feet, more or less to the Northeasterly comer of that tract of land
described in a deed from Skillem Investments Limited Partnership to Lane Transit
District recorded January 13, 2006 as Instrument No. 2006- 003004, Lane County Oregon
Official Records;
20) Thence South 81 ° 23' 59" West a distance of 23.62 feet, more or less;
21) Thence South 71' 56' 15" West a distance of 47.08 feet, more or less;
22) Thence South 84° 30' 33" West a distance of 83.32 feet, more or less;
23) Thence South 2° 10' 03" West a distance of 6.78 feet, more or less to a point of
curvature:
24) Thence on a spiral curve left (the long chord of which bears South 76° 34' 31 " West
246.39 feet) a distance of 246.41 feet, more or less;
25) Thence South 75° 46' 02" West a distance of 363.63 feet, more or less;
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Exhibit A -8
26) Thence North 5° 02' 36" East a distance of 120.40 feet, more or less to the left bank
of the Willamette River;
27) Thence on the left bank of the Willamette River Southwesterly a distance of 981.42
feet, more or less to the intersection between said left bank and the Easterly right of way
line of the Pacific Freeway (Interstate) Number I -5. said right of way line also being the
current Springfield city limits line;
28) Thence on said Easterly right of way line and current city limits line, South 0° 28' 57"
East a distance of 353.20 feet, more or less to a point on the Southerly right of way line
of Franklin Boulevard;
Thence on the current Southerly right of way line of Franklin Boulevard the following 31
courses. numbered 29) through 59):
29) Thence North 78° 49' 04" East a distance of 177.51 feet, more or less;
30) Thence North 68° 10' 39" East a distance of 226.62 feet, more or less,
31) Thence North 14° 47' 36" West a distance of 21.76 feet, more or less;
32) Thence North 71' 14'06" West a distance of 40.42 feet, more or less;
33) Thence North 73° 46' 14" East a distance of 255.43 feet, more or less;
34) Thence North 2° 26' 38" East a distance of 74.54 feet, more or less to a point of
curvature;
35) Thence on a non tangent curve turning to the left, with an arc length of 135.52 feet.
with a radius of 5774.08 feet, with a chord bearing of North 76° 26'22" East, with a
chord length of 135.52 feet. more or less:
36) Thence North 75° 46' 02" East a distance of 594.32 feet, more or less to a point of
curvature:
37) Thence on a spiral curve right (the long chord of which bears North 76° 35' 56" East
248.08 feet) a distance of 248.10 feet, more or less to a point of curvature;
38) Thence on a non tangent curve turning to the right, with an arc length of 163.91 feet.
with a radius of 2820.29 feet, with a chord bearing of North 79° 56' 09" East, with a
chord length of 163.88 feet, more or less to a point of curvature;
39) Thence on a spiral curve right (the long chord of which bears North 82e 39' 07" East
119.04 feet) a distance of 119.04 feet. more or less;
40) Thence North I ° 45' 03" East a distance of 13.17 feet, more or less
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Exhibit A -9
41) Thence North 84° 06' 16" East a distance of 326.74 feet, more or less to the
Northwesterly corner of that tract of land described in a deed from Lane Transit District
to the State of Oregon, by and through its Department of Transportation recorded
December 7, 2011 as Instrument No. 2011-055556, Lane County Oregon Official
Records;
42) Thence South a distance of 10.28 feet, more or Tess;
43) Thence North 84° 1 F 17" East a distance of 207.48 feet, more or less;
44) Thence North 0° 16' 30" West a distance of 10.58 feet, more or less to the
Northeasterly corner of said State of Oregon tract;
45) Thence leaving the East line of said State of Oregon tract North 84° 06' 16" East.a
distance of 32.01 feet, more or less to the Northwesterly corner of that tract of land
described in a Dedication of Public Road Easement from Jack F. and Betty E. Bosse to
Lane County recorded January 16, 1976 as Instrument No. 7602290, Lane County
Oregon Official Records;
46) Thence South 2° 24' 59" West a distance of 10.11 feet, more or less;
47) Thence North 83° 56' 53" East a distance of 176.74 feet, more or less to a point of
curvature;
48) Thence on a non tangent curve turning to the right, with an arc length of 153.52 feet,
with a radius of 432.46 feet, with a chord bearing of South 85° 52' 52" East, with a chord
length of 152.72 feet, more or less;
49) Thence North 2° 24' 59" East a distance of 10.22 feet, more or less to a point of
curvature, said point also being the Northeasterly corner of said Lane County Public
Road Easement tract;
50) Thence leaving the East line of said Lane County Public Road Easement tract on a
non tangent curve turning to the right, with an arc length of 65.33 feet, with a radius of
444.71 feet, with a chord bearing of South 72° 00'44" East, with a chord length of 65.27
feet, more or less;
51) Thence South 67° 48' 14" East a distance of 455.48 feet, more or less to a point of.
curvature;
52) Thence on a non tangent curve turning to the left, with an are length of 247.45 feet,
with a radius of 1465.14 feet, with a chord bearing of South 72° 38' 26" East, with a
chord length of 247.16 feet, more or less;
53) Thence South 77° 28'44" East a distance of 304.95 feet, more or less to the
Northwesterly comer of that tract of land described in a deed from Green Valley
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Exhibit A -10
Endeavors. LLC to Lane Transit District (LTD) recorded December 15. 2005 as
Instrument No. 2005- 099695, Lane County Oregon Official Records;
54) Thence South 12e 41' 06" West a distance of 5.99 feet, more or less;
55) Thence South 77° 18' 54" East a distance of 6.25 feet, more or less;
56) Thence South 12° 41'06" West a distance of 3.94 feet, more or less;
57) Thence South 77e 18' 54" East a distance of 66.06 feet, more or less;
58) Thence North 2° 10'46" East a distance of 10.30 feet, more or less to the
Northeasterly corner of said LTD tract;
59) Thence leaving the East line of said LTD tract South 77e 28' 44" East a distance of
584.24 feet, more or less to the Point of Beginning.
Tract 3:
A tract of land owned by the Springfield Economic Development Agency, further
described as follows:
Lots 8 and 9, Block 5. MIDWAY PARK, as platted and recorded in Book 4. Page 32,
Lane County Oregon Plat Records, Lane County Oregon.
Together with the North half of the alley lying adjacent to and South of said Lots 8 and 9,
as vacated by Instrument No. 8734181, recorded August 6, 1987, Lane County Oregon
Official Records.
Said land being further described per the following courses:
Beginning at a point marking the Northeast corner of Block 5, MIDWAY PARK. as
platted and recorded in Book 4, Page 32, Lane County Oregon Plat Records. Lane
County Oregon, thence 1) on the Southerly right of way line of Franklin Boulevard
North 77° 28'44" West a distance of 81.39 feet, more or less; thence 2) leaving said
Southerly right of way South 1 ° 55'46" West a distance of 175.65 feet, more or less;
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North 1 ° 55' 46" East a distance of 149.52 feet, more or less, to the Point of Beginning.
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RESOLUTION NO X013 -02 Exhibit B -1
A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD PURSUANT TO SECTION 5.7 OF THE SPRINGFIELD DEVELOPMENT CODE.
WHEREAS, the City Council is authorized by Section 5.7 -125 of the Springfield Development
Code to initiate annexation of contiguous property to the City Limits of Springfield, and
WHEREAS, the property to be annexed is City-and publicly -owned property and rights of way,
and
WHEREAS, the territory to be annexed is within the Eugene - Springfield Urban Growth Boundary,
is contiguous to the City of Springfield and can be provided with a full range of key urban services
including sanitary sewer, water, storm drainage, police and fire protection, electrical service, land
use controls, street lights and paved streets, recreational facilities and library.
WHEREAS, annexation procedures shall be initiated and followed in accordance with the public
notice and hearing process, criteria of approval and ordinance adoption procedures contained in
Springfield Development Code Section 5.7- Annexations.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section 1 The Common Council of the City of Springfield does hereby announce its intention to
conduct public hearings to consider annexation of territory generally described as follows: publicly
owned rights of way comprising a segment of Franklin Boulevard between the 1 -5 bridge and the
existing City limits at the intersection with McVay Highway, publicly owned rights of way
comprising a segment of Franklin Boulevard between the existing City limits at the intersection
with McVay Highway and the Springfield Urban Growth Boundary at the intersection of McVay
Highway and 1 -5; and a City -owned parcel municipally addressed as 4095 Franklin Boulevard.
Said territory is generally depicted and more particularly described on Exhibits 1 -3 attached
hereto.
Section 2. As part of the consideration of the annexation action, City Council directs staff to
review the affected territory for any potential survey gaps and, if any exist, to close such gaps to
create contiguous annexation territory as described on Exhibit 2 attached hereto.
Section 3. This Resolution shall become effective upon its adoption by the Council and approval by
the Mayor.
ADOPTED by the Common Council of the City of Springfield this 22 day of January
2013, by a vote of 6 for and o against
APPROVED by the Mayor of the City of Springfield this 22 day of January , 2095
14
Mayor
ATTEST:
City Recorder
REVIEWED & APPROVED
A3 TO FORM
Leak} I
DATE: t 13
OFFICE OF CITY ATTORNEY
TYPE IV —ANNEXATION
STAFF REPORT AND RECOMMENDATION
File Name: Franklin Boulevard Annexation
Applicant: City of Springfield
Case Number: C SP 2013 — ANX 13
Proposal Locations:
East -west segment of Franklin Boulev
between the I -5 bridge and McVay Hil
north -south segment of Franklin Bouh
between the McVay Highway intersec
and City -owned parcel municipally ad
4095 Franklin Boulevard
Adjacent Zoning: Office Mixed -Use
Mixed -Use; Commercial Mixed -Use;
Mixed -Use; Light- Medium Industrial i
Applicable Comprehensive Plan:
Glenwood Refinement Plan
Exhibit C -1
Application Submittal Date: February 4, 2013
Associated Applications: None
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE
POSITION
REVIEW OF
NAME
PHONE
Project Manager
Planning
Andy Limbird
541- 726 -3784
Transportation Planning Engineer
Transportation
Michael Liebler
541- 736 -1034
Public Works Civil Engineer
Streets and Utilities
Clayton McEachern
541- 736 -1036
Deputy Fire Marshal
Fire and Life Safety
Gilbert Gordon
541- 726 -2293
Building Official
Building
David Bowlsby
541- 736 -1029
APPLICANT'S DEVELOPMENT REVIEW TEAM
POSITION
NAME
PHONE
MAILING ADDRESS
Applicant
City of Springfield
541- 726 -3753
225 Fifth Street
Springfield, OR 97477
Exhibit C -2
Review Process (SDC 5.7 -115): The subject annexation request is being reviewed under Type IV procedures,
without Planning Commission consideration.
Development Issues Meeting (SDC 5.7 -120): A Development Issues Meeting (DIM) is required of all third -
party annexation applications.
Finding: The annexation action was initiated by the City Council and is being handled by City staff.
Therefore, the subject annexation is not considered a third -party action and a DIM is not required.
Conclusion: The requirement in SDC 5.7 -120 is met.
Annexation Initiation and Application Submittal (SDC 5.7 -125): In accordance with SDC 5.7 -125.A and
ORS 222.111(2), an annexation application may be initiated by City Council resolution. Additionally, in
accordance with SDC 5.7- 125.B.3, the City Council may adopt a resolution to initiate a boundary change,
including but not limited to publicly owned rights -of -way.
Finding: The City Council initiated the subject annexation action by adoption of Resolution 2013 -02 on
January 22, 2013. Most of the subject annexation area, with the exception of the parcel addressed as 4095
Franklin Boulevard, is publicly owned right -of -way.
Conclusion: The application requirements in SDC 5.7 -125 have been met.
Site Information: The annexation territory includes an east -west linear segment of Franklin Boulevard right -
of -way from the I -5 bridge to the existing City limits near the intersection with McVay Highway; a north -south
linear segment of Franklin Boulevard right -of -way from the existing City limits near the intersection with
McVay Highway to the intersection with 1 -5; and a City -owned property addressed as 4095 Franklin Boulevard.
The linear segments of Franklin Boulevard proposed for annexation comprise approximately 2.1 linear miles of
public right -of -way and the total annexation area is approximately 36.5 acres. Except for the property located
at 4095 Franklin boulevard, the subject annexation territory is intended to remain as public right -of -way and no
additional street frontage improvements are proposed at this time. However, the annexation action is consistent
with the City Council's vision for ongoing planning and urban development in Glenwood and will allow
development requests from abutting properties to move forward more efficiently in accordance with provisions
of the adopted Glenwood Refinement Plan.
Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,
Springfield Police Department), schools (Eugene 4J School District), roads (Oregon Department of
Transportation, Lane County and City of Springfield), and Fire (Cities of Eugene & Springfield). Glenwood
Water District provides water and contracts with the City for provision of fire service to the proposed
annexation area. Upon annexation, the City of Springfield will be entirely responsible for urban services,
including electricity, water, and fire response to the subject area. The City also will be able to provide police
response and traffic enforcement along Franklin Boulevard.
Notice Requirements (SDC 5.7 -130): Consistent with SDC 5.7 -130, notice was provided as follows
Mailed Notice. Notice of the annexation application was mailed February 25, 2013, which is at least
14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of
properties located within 300 feet of the perimeter of the affected territory; affected neighborhood
groups or community organizations officially recognized by the city that includes the affected territory;
affected special districts and all other public utility providers; and the Lane County Land Management
Division, Lane County Elections, and the Lane County Board of Commissioners.
Exhibit C -3
Newspaper Notice. Notice of the March 18, 2013 public hearing was published in The Register -Guard
on March 4 and 11. 2013.
Posted Notice. Notice of the March 18, 2013 public hearing was posted in eight public places in the
City: in five locations along the subject right -of -way; at the Springfield City Hall and in the
Development and Public Works office; and on the City of Springfield website, on March 1, 2013.
Finding: Most of Franklin Boulevard is not zoned, but a few small segments of right -of -way and the property at
4095 Franklin Boulevard are currently zoned. Upon annexation of the subject territory to the City the current
zoning (where applicable) will be retained, but the Urbanizable Fringe Overlay District (UF -10) will no longer
apply. Due to these changes, the Oregon Department of Land Conservation and Development (DLCD) was
notified in writing of the annexation proceedings more than 35 days prior to the public hearing. Notification to
DLCD regarding the Franklin Boulevard annexation was sent on December 20, 2012 and notification of the
annexation of 4095 Franklin Boulevard was sent on December 28, 2012.
Finding: Staff hosted a public information meeting for the Franklin Boulevard annexation on March 12, 2013.
Approximately 25 people attended the drop -in information session to inquire about the annexation process,
potential effects of annexation on Glenwood mobile (tome parks, future Franklin Boulevard transportation
improvements, and other related development issues.
Conclusion: Notice of the public hearing was provided consistent with SDC 5.7 -130.
Recommendation to City Council (SDC 5.7 -135): The Director shall forward a written recommendation on
the annexation application to the City Council based on the approval criteria specified in Section 5.7 -140,
which are provided as follows with the SDC requirements, findings, and conclusions. The Director's
recommendation follows SDC 5.7 -140, Criteria.
Criteria (SDC 5.7 -140): The application may be approved only if the City Council finds that the proposal
conforms to the following criteria:
A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is
1. Contiguous to the city limits; or
2. Separated from the City only by a public right of way or a stream, lake or other body of
water.
Finding: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of
the Eugene - Springfield Metropolitan Area General Plan (Metro Plan). The east -west Franklin Boulevard
annexation area abuts the Springfield city limits along the west and east boundaries; and the north -south
Franklin Boulevard annexation area abuts the Springfield city limits along the north boundary. Therefore, this
annexation application meets the statutory definition of contiguity as found in ORS 222.11 1(1).
Finding: The legal description for the annexation area has been confirmed with the state Department of
Revenue to ensure there are no gaps or overlaps of territory between the existing City limits and the annexation
area.
Conclusion: The proposal meets this criterion.
Exhibit C-4
B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any
applicable refinement plans or Plan Districts;
Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission (LCDC)
in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged
UGB of the Metro Plan. Territory within the delineated UGB ultimately will be within the City of Springfield.
Finding: The subject annexation territory is located in the adopted Glenwood Refinement Plan area and there
are no proposed changes to the current zoning or plan designation.
Finding: The Urban Transition and Annexation section of the adopted Glenwood Refinement Plan recognizes
that, ultimately, all territory within Glenwood will be annexed to Springfield.
Finding: The continued annexation of properties and public street rights -of -way to the City of Springfield is
consistent with the Metro Plan and the adopted Refinement Plan, which will result in the elimination of special
districts within the urbanizable area. The Glenwood Refinement Plan recognizes that as annexations to the City
occur, the special district service areas will diminish incrementally and eventually will be dissolved.
Finding: The annexation area is within the Glenwood Water District. The water district has service
arrangements with Eugene /Springfield for provision of fire response to unincorporated areas of Glenwood.
After the public hearing and if determined by the City Council that withdrawal is in the best interest of the City,
the annexation area will be withdrawn from the Glenwood Water District consistent with ORS 222.510,
222.520, and 222.525 and Springfield Utility Board will provide water service directly to the annexation area.
Finding: After the public hearing and if determined by the City Council that annexation is in the best interest of
the City, the annexation area will be annexed into the Willamalane Park and Recreation District as authorized
by an intergovernmental agreement between the City of Springfield and Lane County. The park district
provides park and recreation facilities and services to territory within the City of Springfield.
Conclusion: The proposal meets this criterion.
C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities
and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner;
and
Finding: The Metro Plan and the adopted Glenwood Refinement Plan recognize annexation as the highest
priority for extending the minimum level of key urban facilities and services to urbanizable areas.
Finding: The territory requested for annexation will take advantage of urban service delivery systems that are
already in place or can be logically extended to serve this area. In addition to urban utilities, the following
facilities and services are either available or can be extended to this annexation area:
Water — The Glenwood Water District currently provides water service to unincorporated areas of Glenwood.
Upon annexation, the Franklin Boulevard right -of -way would be served by the City by and through the
Springfield Utility Board. The public right -of -way will serve as a corridor for existing and future water line
extensions as development and /or annexation proceeds on adjacent properties. Existing water infrastructure
within the vicinity will be maintained by the affected utility providers.
Electricity — SUB Electric provides service to developed properties in this area of Glenwood. Upon annexation,
the subject territory is not expected to require additional electrical service. Existing electrical system
infrastructure within the adjacent public rights -of -way will be maintained by the affected utility providers.
Exhibit C -5
Police Services — Springfield Police Department currently provides service to areas of Glenwood that are
already inside the City. The subject territory is within the joint jurisdiction of Springfield Police Department
and Lane County Sheriffs Department. Upon annexation, this area will receive Springfield Police services on
an equal basis with other properties inside the City.
Fire and Emergency Services — Fire protection is currently provided to the annexation area by Eugene/
Springfield Fire Department under contract with Glenwood Water District. Upon annexation, the City will
continue to provide fire and emergency services to the subject territory.
Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene /Springfield
Fire Department, and Lane Rural Fire /Rescue to central Lane County. The annexation area will continue to
receive this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements
have been adopted by the three regional ASA providers to provide backup coverage for each other's
jurisdictions.
Parks and Recreation — Park and recreation services are provided to the City of Springfield by the Willamalane
Park and Recreation District. Indoor recreation facilities, such as the Willamalane Park Swim Center, Lively
Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center. The park
district offers various after - school and other programs for children at schools and parks throughout the
community. Also available are pathways and several categories of parks, including community parks, sports
parks, special use parks, and natural area parks. In this case, because the annexation area comprises public
right -of -way and a non - residential property, it does not have any associated population and therefore should not
generate any additional park usage demands.
Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park
and Recreation District consistent with City policy, if the City Council determines that annexation to the special
district is in the best interest of the City.
Library Services — Upon annexation to the City of Springfield, the subject area will be within the service area of
the Springfield Public Library.
Schools — The Eugene 4.1 School District serves the Glenwood area. Because there is no population associated
with the public right -of -way and non - residential property annexation, there should be no effect on the public
school system.
Sanitary Sewer — The annexation area can and will be served by extension of a trunk sewer line along the
Franklin Boulevard corridor. Extension of the public sewer system along Franklin Boulevard is a necessary
component of the City's redevelopment plans for Glenwood.
Stormwater — The subject annexation territory is served by a fragmented and discontinuous system of catch
basins and public stormwater lines. The existing public stormwater system is not extensive and therefore is
inadequate to serve the entire Glenwood neighborhood. Incremental improvements to the public system will be
required as development plans are advanced for adjoining properties. However, there are no immediate planned
changes to the stormwater management system associated with this annexation request.
Streets — The subject annexation area includes segments of urban arterial streets that are currently improved
with a paved surface, lane striping and, in the case of the east -west portion of Franklin Boulevard, curb and
gutter. A discontinuous system of sidewalks also exists along portions of the east -west stretch of Franklin
Boulevard. The annexation of Franklin Boulevard will facilitate future planned street improvements —
particularly along the east -west segment from the 1 -5 bridge to the McVay Highway intersection. However,
there are no immediate planned or required street improvements associated with this annexation request.
Exhibit C -6
Solid Waste Management — The City and Sanipac have an exclusive franchise arrangement for garbage service
inside the City limits. Upon annexation, solid waste disposal service can be provided by Sanipac.
Communication Facilities — Various providers offer both wired and wireless communication services in the
Eugene - Springfield metropolitan area. Existing providers and those entering the market have the capability to
provide service to this area.
Land Use Controls — The annexation area is within Springfield's portion of the urban growth boundary.
Through an intergovernmental agreement between Lane County and the City of Springfield, the City already
has planning and building jurisdiction for Glenwood. The City will continue to administer land use controls
after annexation.
Finding: The minimum level of key urban facilities and services, as outlined in the Metro Plan and the adopted
Glenwood Refinement Plan, are either immediately available or can be provided within a reasonable future time
frame as needed.
Conclusion: The proposal meets this criterion
D. Where applicable fiscal impacts to the City have been mitigated through an Annexation Agreement
or other mechanism approved by the City Council.
Finding: The public right -of -way proposed for annexation is developed as an urban arterial roadway and there
are no immediate plans to change the nature or configuration of this road. It is expected that the City will plan
for, manage and administer future upgrades and modifications to the Franklin Boulevard corridor.
Finding: The City -owned property at 4095 Franklin Boulevard is already developed with a building, but could
be subject to further development or redevelopment in the future. Because there are no significant fiscal
impacts to the City, an Annexation Agreement is not required for this request.
Conclusion: The proposal meets this criterion.
DIRECTOR'S RECOMMENDATION: Approve the annexation of the subject territory to City of
Springfield and Willamalane Park and Recreation District, and withdraw the requested annexation area
from the Glenwood Water District.
City Council Decision (SDC 5.7 -145): City Council approval of the annexation application shall be by
Ordinance.
Finding: On March 18, 2013, the City Council will hold a Public Hearing for the subject annexation request
and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendation, and on
testimony provided at the Public Hearing, the City Council may take action to approve, modify or deny the
Annexation Ordinance.
Zoning (SDC 5.7 -150): The annexation area extends across the full length of Glenwood, and abuts properties
zoned and designated as Light - Medium Industrial (LMI), Residential Mixed -Use, Commercial Mixed -Use,
Office Mixed -Use and Employment Mixed -Use in accordance with the adopted Glenwood Refinement Plan.
The City -owned property at 4095 Franklin Boulevard is zoned and designated Office Mixed -Use. Properties
that are outside the City limits have the Urbanizable Fringe Overlay District (UF -10) applied to the zoning.
Finding: Upon the effective date of the annexation, the OF -10 overlay will be automatically removed and the
City -owned property at 4095 Franklin Boulevard will retain the Office Mixed -Use zoning. The Franklin
Boulevard right -of -way also will have the OF -10 overlay removed and will be associated with the adjoining
Exhibit C -7
zoning. However, most of the Franklin Boulevard right -of -way does not have a zoning or plan designation
applied in accordance with the Zoning and Plan Designations Diagram of the Glenwood Refinement Plan.
Effective Date and Notice of Approved Annexation (SDC 5.7 -155): If the annexation is approved by the
City Council on March 18, 2013 and granted a second reading on April 1, 2013, the Ordinance will become
effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around May
1, 2013), or upon acknowledgement of filing with the Secretary of State — whichever date is later.
Withdrawal from Special Service Districts (SDC 5.7 -160): Withdrawal from special districts may occur
concurrently with the approved annexation Ordinance or after the effective date of the annexation of territory to
the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed
territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the
City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the
withdrawal shall be provided in the same manner as the annexation notice in Section 5.7 -150.
Finding: The annexation area is within the Glenwood Water District. Consistent with SDC 5.7 -160, notice was
provided, a public hearing was held, and the City Council determined that withdrawal from the Glenwood
Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance
No.