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HomeMy WebLinkAboutItem 12 Annexation of Territory to the City of Springfield (Jackson, Case Number LRP2007-00009) SPRINGFIELD CITY COUNCIL Meeting Date: I I Meeting Type: : 1 Department: I Staff Contact: : Staff Phone No~ Estimated Time: December 3,2007 Regular Session DSD ~ Linda Paul (541) 726- O~ 10 minutes AGENDA ITEM SUMMARY ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF. SPRINGFIELD (JACKSON, CASE NUMBER LRP2007-00009). 1 Conduct a public hearing and adopt/not adopt the following Resolution: A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO I THE CITY OF SPRINGFIELD AND REQUESiI'ING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY! COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS. I ACTION REQUESTED: ISSUE STATEMENT: The Property Owners, Daniel and Shannon Jackson have requested annexation of approximately 9 acres of property located west of 19th Street and north ofYollmda Street, within Springfield's UF-tO Urbanizable Fringe Overlay District. The subject territory is described as Assessor's Map Number 17-03-24-31 portion of2000 and is more accurately described in Attachment I, Exhibit A. The subject territory is not contiguous with the Springfield City Limits, but a~uts other non-contiguous land which was annexed in 1998-99. The site contains one residence. The applicant requests annexation in order to seek development of additional single family residential uses, consistent with the standards of the Low Density Residential (LDR) zoning district. The proposed urban densitie$ are not permitted in the Urbanizable Fringe Overlay District, thus annexation is required. ' Article 6.030(2) of the Springfield Development Code requires that territories. considered for annexation must be provided with "key urban facilities and services," as defined in Metro Plan Policies 8.a and b, Page II-C-4. Among these key urban services are water, sewer, storm water faciliti~s, streets, electricity, parks, fire/emergency services, and schools. Stafffinds, based on analysis, that key urban services are available to serve the territory, with the exception of public sanitary sewer service, public stormwater management service and street connectivity to adjoining property that are being provided for in an Annexation Agreement which has been negotiated with City staff and the applicant (Attachment 4). ATTACHMENTS: Attachment 1: Resolution and Exhibits Attachment 2: Informational Attachment Attachment 3: Maps Attachment 4: Draft Annexation Agreement DISCUSSION/FINANCIAL IMPACT: I City Council is authorized by ORS 199.490(2)(a)(A) to initiate annexation using the triple majority method. This requires consent in writing from a majority ofthe land owners bfthe territory to be annexed, who also own more than half of the land in the territory proposed to be annex~d and of real property therein representing more than half of the assessed value of all real property in. the territory proposed to be annexed. According to Lane County Elections, there are two registered eledtors currently residing within I the territory proposed for annexation. Signatures from 100 percent of the property owners and all registered electors have been obtained. With Council approval, this resolution will be forwarded to the Lane County Local Government Boundary Commission (LCLGBC) prior to the Deceml?er 31, 2007 LCLGBC filing deadline and will be reviewed at their February 7, 2008 meeting. The City Engineer has provided the attached Draft Annexation Agreement. This resolution will be forwarded td the LCLGBC only when the Annexation Agreement has been finalized and signed by the applicant and th6 City Manager. According to the Lane County Regional Land Information database, the 20b7 total assessed value of the applicant's property is $241,783. Upon annexation, the applicant proposes t6 develop the property with a 31-lot subdivision in accordance with SDC 16.020. I RESOLUTION NO I A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY. LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS. WHEREAS, the City received an application to annex approximately 9 acres 'into the City of Springfield on February 27,2007, said territory being described as follows: : , Township 17 South, Range 3 West, Section 24, Map 31, portion of Tax ~ot 2000 as more particularly described in Exhibit A of this Resolution. WHEREAS, the territory to be annexed is within the Eugene-Springfield Urban Growth Boundary, and is proximate to the City limits; and, WHEREAS, the City Council is authorized by ORS 199.490(2)(a)(A) to initiate annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from more than half of the owners of land in the territory propos~d to be annexed, who also own more than half of the land in the territory proposed to be annexed and of real property therein representing more than half of the assessed value of all reall?roperty in the territory proposed to be annexed; and, .- WHEREAS, the property owners of the certain territory described in Exhibit :A signed a consent to annex (Exhibit C); and, , , WHEREAS, two registered voters reside within the territory and have signed: a consent to annex (Exhibit C); and, I , WHEREAS, the City Council.is authorized by Springfield Development Code 6.030(2)(a) and ORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in the annexation proposal can be provided with the minimum level of key urban facilities and services in an orderly and efficient manner as defined in Eugene-Springfield Metro Area General Plan Metro Plan Policies 8.a and b, Page II-C-4; and where there will be a logical area and tirrie within which to deliver urban services and facilities; and, WHEREAS, minimum level key urban facilities and services are defined in the Eugene-Springfield Metro Area General Plan, page V-3 as wastewater service, stormwater service, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communications facilities and services, and public schools on a district- wide basis; and i I I WHEREAS, the territory proposed to be annexed can be immediately provided with a minimum level of key urban facilities and services with the exception of public sanitary sewer service, public stormwater management service and street improvements, which are being provided for in an Annexation Agreement which has been negotiated with City staff and the Owners, as described in Attachment 2: Informational Attachment, Case Number LRP2007-00009 and Attachment 4: Annexatioh Agreement; and WHEREAS, an annexation agreement has been proposed for exe~ution by tJe City of Springfield and Daniel and Shannon Jackson; (Owners) which will memorialize the Owner's commitment, agreement and obligation to meet the City's requirements for provision of the minimum level of key urban services as required for an affirmative City recommendation for the annexation request; land ATTACHMENT 1 - 1 WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's request to the Lane County Local Government Boundary Commission when an annexation agreement is entered - . into by the City of Springfield and Daniel and Shannon Jackson; (Owners); and WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission. NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby. recommend approval of the annexation of the subject territories to the City by the Lane County Local Government Boundary Commission, Lane County, Oregon, said territories being described as follows: Township 17 South, Range 3 West, Section 24, Map 31, portion of Tax Lot 2000, said territory being included in the property more particularly described in Exhibit A of this Resolution. Section 2: This resolution shall take effect upon adoption by the Common Council ofthe City of Springfield and approval by the Mayor. Section 3: The City Council recommends that the Boundary Commission approve the proposed annexation authorized by ORS 199.466 by expedited process without the stu~y, public hearing and adoption offmal order required by ORS 199.461. Section 4: The City Manager shall forward this resolution supporting the app,licant's request to the Lane County Local Government Boundary Commission when an annexation agreement is entered into by the City of Springfield and Daniel and Shannon Jackson (Owners) and upon receipt of evidence that the annexation agreement has been recorded. : ADOPTED by the Common Council of the City of Springfield this 3rd day of December 2007 by a vote of _ for and _ against. APPROVED by the Mayor of the City of Springfield this 3rd day of December 2007. Mayor ATTEST: City Recorder . ~;- ~,_ P i:-, Vlii\'Mi.1Iii ~.\, .,;;'~ ~.:.:;: .~ 11 a~ ~I Ul.b4J PS~~;i\~\~ ~,~ 0T:=;~r::-':i \j~:j]~ U'"'- Uf-fIGE UF CiTt ATTORNEY ATTACHMENT 1 2 EXHIBIT A EXHIBIT A - P1 - February 12, 2007 Branch No. 06-203 LEGAL DESCRIPTION FOR ANNEXATION PURPOSES , LANDS OF ~ANIEL L. AND SHANNON L. JACKSON (pORTION OF TAX MAP 17-03-24-31. TAX LOT 2000) I SITUATED in unincorporated area in Lane C~unty, State of Oregon in the Southwest 1/4 of Section 24, Township 17 South, Range 3 West of the Willamette MericUan and described as follows: I . BEING a portion of the lands that were conveyed to Daniel L. and Shannon Batty in that certain Special Warranty Deed that was recorded May 16, 1990 in Reel 1632R at Reception N:Umber 9022540 in the Official Records of Lane County, State of Oreg9n. said portion being more particularly descnoed as follows: : Commencing at apoint 17.42 chains north of a point where tlie East line of the William C. S~ncer Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section 24 and Section 25, T ownsbip 17 South, Range 3 W est-of the Willamette Meridian; thence North 89. 42' 33" West 393.00 feet and North. 00" 06' 16" West 225.00 feet to. the southwest comer of said . , lands that were conveyed in the above deed. which point lies on the existing city limits line of the City of Springfield and is the TRUE POINT OF BEGINNlNG of the lands being descnoed herein; THENCE leaving said TRUE POINT OF BEGINNING and along said city limits line and west line of said landS that were conveyed in said deed, NORTH 00. 06' 16" WEST 900 FEET, more or less, to an angle point in the Urban Growth Boundary of the City of Springfield; THENCE, leaving said city limits line and said west line of said lands that were conveyed in said deed, NORTH 63. 35' EAST 435 FEET, more or less, along said Urban Growth Boundary to an angle point in said boundary that lies on the east line of said lands that were conveyed in said deed; THENCE, leaving said Urban Growth Boundary and along said east line of said lands that were conveyed in said deed, SOUTH 00. 061 24" EAST 1100 FEET, more or less, to the southeast Icomer of said lands that were conveyed in the said deed; AND THENCE, along the south line of said lands that were conveyed in the said deed NORTII 89G 42' 33" WEST 393.00 FEET RETURNINGto.the TRUE POINT OF BEGINNING arid CONTAINING 9.0 ACRES, more or less. I I . , . w.---b ~~ ( 2, ZtJ:J 7 REGISTERED PROFESSIONAL . SURVEYOR lORE JULY 20, 1993 REX A. aETZ I-~(:. e7~ f"l.-l~r/07 ATTACHMENT 1 - 3 "~ iii ~~ B~~ ts~l!l.. a ~I ~i 1G:~f;: .~!8~~ 22~11&l g~~ ~s ~ == ~ .{ I III I i I "I : I " : I EXHIBIT B -- - - <<.:... .- ..~..j'1 ",,- I I I " I /: lIlY ~ I I ___________J I .' EXHIBIT B - P1 III . II ~~ ~ ,.p ",.po I ... 3 S ~ I I . I , s City of Springfield Development Services Department 225 Fifth Street Springfield. OR 97477 Phone: (541) 726-3759 Fax: (541) 726-3689 SPRINGFIELD EXHIBI.r c - P1 I 97477. Lane! Countv : I I Annexation APPlicaticr Location of the Property . ~'2~719th Street. Springfield. Oree:on Assessor's Map(s) and Tax Lot(s) of the property included in the request, (please indicate if only a portion of a lot is included in the request and attach any additional map and tax lot numbers on a separate sheet of paper.) Map # 17-03-24-31 . Lot # 2000 Map # Map# . Lot # 9- D Acres Lot # Map # Lot # Area ofR.equest Square Feet or Existing Use(s) of the Property Residential Proposed Use(s) of the Property Residential . Applicant Name . Address Daniel and Shannon Jackson 2778 19th Street Springfield. Oregon 97477 Owner Name(s) Same Phone: (541) 554-0918 Address Same I I I I Phone: : this application is correct and acJn.te. I Date 2-c3l. (0-07 . I z-'U'-Ol . er hereby gnmts permission for the applicant to act in hislher behalf I . Date I I The undenigned aclmowl X Applicant Signature If the applicant is other than . Owner Signature F r Office Use Only: Received By Tax Lot , ~,~ Il1lAr -'.. O()O : --"""" PL5J-aJ1-~CHMENT 1 - 5 EXHIBIT C - P2 FORM #1 PETITION I ! ANNEXATION TO THE CITY OF SPRINGFIELD I . I TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION I . . I I We, the undersigned. constitute the owners of at least one-half of the land area lof the property described in the attacbment marked "Exhibit A" AND I . I We deSire to be annexed to the City of Springfield. A map is attached marked l"Exhibit B," showing the affected territory and its relationship to the present city limit boundaries. I . . j The annexation constitutes a minor boundary change under the Boundary Comlnission Act and should therefore be considered by the Boundary Commission and, after study, a Final Order should be entered by the Bound<r Commiss n. . : By I i :2-2&-0] Date ~By Date :"Z:. ~.. dl , By Date By Date MAP# 17-03-24-31 . LOT# 2000 MAP# LOT# I i I I I With the above signature, I am verifying that I have ~e authority to consent to the annexation on my own behalf or on behalf of my frrm, agency or trust. ATTACHMENT 1 - 6 EXHIBIT C - P3 PETITION SIGNATURE SHEET Owners 1 Electors (Note: This petition may be signed by qualified persons, even though they do not know their tax lot numbers.) NAME ADDRESS TAX LOT NUMBERS Twp R See % 1/16 Lot # Danid L Jackson 2778 N. 19111 Street, Springfield, OR Owner & Registered Voter JJDL~~~'OR 175 3W 24 NE% SW% 2000 175 3W 24 NE % SW % 2000 With the above signature, I am verifying that I have the authority to consent to the annexation on my own behalf or on behalf of my firm agency or trust.. ATTACHMENT 1 - 7 Date: December 3, 2007 Subject: Planning Case No. LRP2007 -00009 Request to annex 9 acres into the City Request: An application for Annexation was submitted to the Springfield Planning Division on February 27, 2007, for property located in north Springfield, north of Yolanda Avenue, west of 19th Street, east of Vera Street, Portion of Tax lot 2000, TI7S-R03W-S24-Map 3 I within Springfield's UF-I 0 Urbanizable Fringe Overlay District. Description: Tax lot 2000 consists of a 17.58 acre parcel of land which extends north and south of the Urban Growth Boundary (UGB). The proposed annexation territory, as described in the legal description which accompanies this request, is the southern 9 acre portion of Tax lot 2000 which is south of the UGB and within Springfield's Urbanizable Fringe Overlay District. The land proposed to be annexed is not contiguous with the Springfield City Limits, but abuts other non-contiguous land which was annexed in 1998-99. Property Owners: Daniel and Shannon Jackson, 2778 19th Street, Springfield, OR 97478. Zoning and Plan Designations: The annexation area is designated Low Density Residential in the Eugene-Springfield Metropolitan Plan Diagram and is zoned Low Density Residential (LDR). Existing land Use: The site is currently developed with one residence. According to Lane County Elections records, two active electors currently reside at the property. Reason for Annexation/Proposed land Use: The property owners have requested annexation in order to seek development of a 31-lot residential subdivision consistent with the standards of the Low Density Residential (LDR) zoning district. The proposed uses are not permitted in the Urbanizable Fringe Overlay District, thus annexation is required. Availability of Key Urban Services: The annexation request was distributed to Development Review Committee members for evaluation of the ability to provide/extend the minimum level of key urban services as specified in SDC Article 6 Annexation, Section 6.030(2)(a), and Metro Plan Policies 8.a and b, Page II-C-4. Key urban services are described as: sanitary sewers, solid waste management, water service, fire and emergency medical services, police protection, parks and recreation programs, electrical service, land use controls, communication facilities, and public schools on a district-wide basis (in other words, not within walking distance of all students served). Paved streets with adequate provision for storm water runoff and pedestrian travel, meeting applicable local policies, are important, particularly in new developments and along existing streets heavily used by pedestrians. Staff finds, based on analysis, that all key urban services are available to serve the territory, with the exception of public sanitary sewer service, public stormwater management service and street connectivity. to adjoining property. An annexation agreement has been negotiated with City staff and the applicant to ensure the orderly provision of urban services to the property. LRP2007-00009 ATTACHMENT 2 - 1 Sanitary Sewer: A public sanitary sewer system is currently under construction and i_ncludes a new lift station located on the subject property. Future site development will be served from this lift station upon acceptance by the City Council (expected by May 2008). As a part of the sewer system construction, a fifteen inch (15") diameter public sanitary sewer shall be extended from the lift station to the existing westerly right-of-way of 19th Street. The annexation agreement requires the applicant to extend the above described fifteen inch (15") public sanitary - sewer along 19th Street and the Hayden Bridge Stub prior to the street construction. The public system as constructed will have sufficient capacity and sufficient depth to serve the subject property upon annexation. The applicant is required to construct a public gravity sanitary sewer system to serve the Property, as needed, in addition to the fifteen inch (15") public sanitary sewer described above. Storm Water Management: An existing eighteen inch (18") diameter public stormwater management system is located adjacent to the West line of the Property, approximately 240 feet north ofthecenterline of Vera Street. Another existing twelve inch (12") diameter public stormwater management system is located adjacent to the West line of the Property, approximately 170 feet south of the centerline of Vera Street. The applicant will be allowed to connect to either or both of these existing public stormwater management systems, but will be required to provide pre-treatment for 100 % of newly paved surfaces, using such methods as double chambered catch basins with oil filtration media or a water quality manhole. Additionally, a minimum of 50% of the non-building rooftop runoff impervious surfaces on the property shall be treated vegetatively, using methods such as a bioswale. The applicant will be required to maintain the post-developed runoff rate of flow equal to or below the pre- developed runoff rate of flow. The City grants development approval only where adequate public and/or private stormwater managements systems provisions have been made as determined by the Public Works Director, consistent with the City's Engineering Design Standards and Procedures Manual. Water Service: Springfield Utility Board (SUB) will provide water service to the subject property following annexation. An existing 6-inch line is located at the east end of Vera Street and is available to serve the property. No extra-territorial extension is required. Solid Waste Management: The City and Sanipac have an exclusive franchise arrangement for waste management service inside the city limits. Upon annexation, Sanipac will serve this property. Fire and Emergency Medical Services: The Fire Marshall's representative reviewed the application and has determined that City of Springfield fire and emergency services can be provided to serve the site upon annexation. The subject property is located within the four minute response time area of Springfield Fire and Life Safety Fire Stations 3, 4 and 5. Development of the subject property will be subject to all applicable Springfield Development Code and Fire Code requirements to provide adequate Fire and Life Safety access and water supply. Transportation Services: Extension of the public street system to serve future development of the subject property will be provided as negotiated with City staff and the applicant in the annexation agreement. The annexation agreement requires the applicant to contribute to the construction of an interconnected transportation system to serve existing and proposed land - uses in the vicinity of the property.. LRP1007-00009 ATTACHMENT 2 - 2 The subject property has frontage on 19th Street which is under the jurisdiction of Lane County. Along this frontage, 19th Street is not improved. The section of 19th Street right of way north qf Yolanda Street is a Local Access Road (LAR), which does not receive county maintenance. In this section of 19th Street the travel way is an unimproved gravel surface, approximately 12 feet wide. Such a surface is not adequate to accommodate additional traffic that would be anticipated from development of 31 new residential lots as depicted in the Conceptual Development Layout submitted by the applicant (not accounting for future re- division of large lots), and is not adequate to meet Fire and Life Safety Department needs. 19th Street is designated as a collector street in Springfield's Conceptual Street Map. The annexation agreement requires the applicant to dedicate land adjacent to the westerly line of the existing right-of-way sufficient to construct a fully-improved 2/3 width collector street (complete with curb, gutter, pavement, sidewalks, street ,lights and street trees) along the 19th Street frontage of the property. The applicant is required to dedicate a right-of-way of sixty feet (60') through the Property to facilitate the east-west connection of 19th Street with the existing Vera Street right-of-way and pavement and to construct the easterly extension of Vera Streetto an urban standard from the West line of the Property to 19th Street, complete with curb, gutter, pavement, sidewalks, street lights and street trees. The applicant is required to provide for an improved secondary access to the Property via either the extension of 19th Street to )' olanda Avenue, or the improvement of Hayden Bridge Stub from 19th Street and easterly to the existing improved pavement. In either case, the applicant will be required to provide fora minimum 2/3 width of the required width of up to forty-four feet (44') for a collector street, complete with curb, gutter, pavement, sidewalk, street lights, and street trees. The applicant will further be required to provide public access to all proposed lots within the Property via public rights-of-way and urban standard streets, complete with curb, gutter, pavement, sidewalk, street lights, and street trees. If a subsequent subdivision application for the subject property will create lots which will allow development of 30 or more homes, the applicant shall be required to provide a secondary fire and life safety apparatus access route to the subdivision in accordance with Springfield Fire Code Appendix D I 07. A one-foot withholding strip (TL 2300 and 2400) along the east side of the property separating it from the existing 19th Street right-of.,way is owned by Lane County and would need to be removed in order to integrate the proposed 35~foot right-of-way dedication with the existing right-of-way. The cul-de-sac designs depicted in the "Conceptual Development Layout" submitted by the applicant have not been approved by the City. The City grants development approval only where adequate transportation systems have been designed, as determined by the City Transportation Planning Engineer during Subdivision Tentative Plan review. Subdivision streets must be designed and constructed to City standards in accordance with applicable codes and the City's Engineering Design Standards and Procedures Manual. The site is within Lane Transit District's service area. Police Protection: Upon annexation the area will receive police protection from the City of Springfield, consistent with service provision throughout the city and with service that is now provided to adjacent properties. When the property is developed, Vera Street and a secondary access to be determined at subdivision review will provide access to the subject property. LRP2007-00009 ATTACHMENT 2 - 3 Public Schools: The annexation area is within the boundaries of Springfield District 19. The school district has not registered opposition to this annexation request. Schools are Yolanda Elementary, Briggs Middle and Springfield High School. Parks and Recreation Programs: After annexation, the subject property will be within the Willamalane Park and Recreation District boundary. City residents receive park and recreation services from the District. The District operates two aquatic centers, a Community Center, an Adult Activity Center, and 31 parkS containing a variety of outdoor recreational amenities. There is one park currently located in the vicinity of the annexation area: Royal Delle, a 2.76- acre neighborhood park at 40 I Blackstone Street. Other nearby recreational opportunities include Harvest Landing and Page Park. A complete listing of Will am alane's parks and programs can be found on-line at www.Willamalane.org, or at 736-4044. Electric Service: Springfield Utility Board (SUB) provides electrical service to this area. Upon annexation and development, underground power will be extended to the subject property from an existing line near the intersection of Yolanda Street and 19th Street. land Use Controls: The City and Lane County adopted an intergovernmental agreement in 1987 transferring all building and planning authority in the urban transition area from Lane County to Springfield. Since enactment of that agreement the City's Development Services Department has provided all planning and building functions for the citizens and property owners of the subject property. The City of Springfield Development Services Department will continue to provide land use control for the site after annexation. Communication Facilities: Qwest and Comcast currently provide communication service in this area for and an array of wireless companies provide a number of different communication services. The City has no exclusive franchise arra~ge'ments with telecoml1)unication or wireless companies. The field is competitive and therefore guarantees a wide selection currently and upon annexation. Site Information: Natural Features: According to FIRM Map Number 41 039C II 53F, more than one half of the property is within the lOa-year flood plain Zone AE. Topography is relatively level. Site soils are mapped as Soil Series 75 - Malabon Silty Clay Loam, 29 - Cloquato Silt Loam, 26- Chehalis Silty Clay Loam, occasionally Flooded, 95 Newberg Fine Sandy Loam, and. The site is currently vegetated with orchard trees and other vegetation. LRP2007-00009 ATTACHMENT 2 - 4 LRP 2007-00009 Jackson Subject Property o z "" v UGS- .. Jackson City streets - Arterial, major - Arterial, minor City Limits SPR 0.4 0 0.4 N + 0.8 Miles I LRP2007 -00009 Jackson City-wide view s UGB .. Jackson City streets - Arterial, major - Arterial. minor City Limits III SPR . p;o=jtiI N w--<r' 0.4 0 0.4 0.8 Miles I ~ I-' ...- .....r---..--- - LRP 2007-00009 Jackson site map ~ .-- ~ .~~/ ~1"..1""" ,~./.......- , n..~ ~ .~. . I Subject property to be annexed I . .~ - -b ~ J "u 1 J: t- O) ~ ~ (- I L - ---' '" ., ,..,.-.--- ...I"'\ILJ~I",ur .JLJ\.:rc- I I I I I /. : _-1... tfl' C 7/"-~ .... ~ _ . --0 - C'J - . ( 7 -./.......1 Alii "r"\.. r ~: L.{ I ~". _N f-{;r<( ~.. I r =.l!:=- 1/ '-- . ~ _ - - UGB - . _ _ Jackson - ... \ _ r--I Tax Lots '_ L-.J , '--- City Limits ~- SPR /'\1 ~ ., ..j C .~ 2- f- . .'~ '~-'mr-I' '/ / .' ..... '~rr~'.. ,.' ....... .. :.... .. '-- (:> _i.. . ~:, - F.. '-- - ~~. ~ - , .....-, r-jI1\C'~ .... ..... .... ... u'" . ".- .....- .. -- .. ...uu/ - I I I. r ~=3:\---ml... .:,':;~;~ :;:'A .I..I~ U I 1 _ lltj DTrJrn..ER;~. tfrJjjl I 200 I o 200 r I- ] - - ~ - - - - I I I N + 400 Feet SUBJECT TERRITORY Assessor's Map 17-03-24-51, portion of Tax Lot 2000 Springfield, OR SUBJECT PROPERTY: Portion of TL 2000 inside Springfield UGB SEE I,WI 17 OJ "4 17 03 24 31 I ~...: r- ( I 6[\: t-':,.., t. ';: ':),1 f'. I T." I' N.E.1/4 S.W.1/4 SEC.24. T.17S. R.3 W.W.M. lANE COUNTY f;J"..lIF".'" _ 1nD" NAD 27 ,~~O:.r ~;O~41: ~!:;'f - "'" /.1.) ~ r.Cll ~n "'1 :; t~ _.;x~:<;/'?~2 TOO . ~,,~::l.: ~ ,JP", ~-; r:zu:; f k U;;:~. ._ . ,~:,,~,,~;~;?,!?,:,:.-;::,~.- , l~'l .__~ '.,}- ~z,."'~ ~ 4 701 I~ ~~f.l,tC ~ ) Jl "I .., 4101 >I "4;' olC .r~ I'~,. 1 r '""",' J!!";t'~,.. ~ ~\t 1'.8"Z. ~" y .,i . ~w...;<.~ 2:~ J ;'/;1.'-"41 -,f l > I' ,,'j : ,,\ I' ., '.?"":!.;.."" ."'...." .... ,.,~, I .~~ ~~:r~ ,!'" :;, ..'.ifoJ....~ -~rr--'\ '"~~:' , ./-~J ~::,: ~.';, --"':-"Y';.l":'~~ '~'''-'/'r.;;;t ,~~ I\$;:::~~""'~ "" ~ ,n, ~ ~ .,o'~,. _~ ,..~,.-;'),:'~ '7: ~ 1"'N:'>:;p.. r:f.."~' .~!J1~ ;; ;G:~:: h, ';;.;, "l\t,'~- ",i:!',,: ..', ,:~;~"~' ~ - ~~-;. f :.j.i"'.:'~l.il,:-.~...~.~~t_~.~~~,~,. ~ ;~:'<. .... .~; I~~ ~ - - , ';;-h '.. ~ L. _~- 1;_ ,~. t ~,;",,=s{' - -~~- ;.jL-;.-.sr. ~ :~ ,;~~~~~ J'it1~~ ;h':'~i~',i;. :t;, [I '~1j, ," 'rn ..~._~.:~".;"~',,l~;: -.;':,.~,-'~ ,~~~~{J~~'.::';..,..'~'~'.'''''-''''' ; td\L.h):, i---...l-lt.!." ';;";;~-' ..,,~::;'~ ~ - ~ .~ ~ -. ~ ~e~..:"u ~~ 1>;1) a.w~ l'~:~~....: , ~'lU:N M1D~ ~IW f.1JOQ.~;'- !' S1'fII~ I-~ (f) ~i (I)! ,I :r:i 1-' l"! C't~'" ~ .~~:..~~ tL Ul ~ i ,.,. 'l' 'i ~ i 'I 11 it ... ",'i'\ ,!~'!1, . '~\., \ ::;~,c: ;""'~\ \) "'- - : '.r...-i-"~::"'.:...;....I , li'~' ",.J' J ~~_.... . ouJ._ ,. ~ :'.. ~ :. i N .. o .. N .. " 21 DEL 5 I:i " i lii I I 1O .,., ~"..; ~'''''' ,,", ..."..,."., ,~ ..<1,,.',, .- "'''11 ",; 'J -'K ~I:f 3" ,,'-I. t' L~ l~ \ ~~ 17 03 24 31 !i;[[ .,W 170." '2" :w. , L UNr W.e. Sll'tNCEA D.L..c. 5Cl J,.""O elL l'OI..IIHDo\ =>T. ~ .~- CONCEPTUAL DEVELOPMENT LAYOUT FOR THE ANNEXATION OF THE JACKSON PROPERTY N.E. 1/4. S.E. 1/4. SEC. 24. T.17S.. R.3W.. W.M. LANE COUNTY. OREGON NOVEMBER 9. 2007 SCALE 1 JJ = 100' 50 I"""^"'"............, o 100 SI~ BCl.N)ARY PROPOSED PROPERTY lII'E8 VICINITY MAP SCALE' /. . 1000' ..0. FIRE HYDRANT "I il! iii ill III ill 111 I" :ii !ll iii III !i! ill' :1 Iii il! i~ ,', iff ...1 .,' I" i'f " i!~ <oij! "'_..I4IC."'-__ _< ._..,._..--.-....... I j- .-.-..--- i i Ih ~ ANNEXATION AGREEMENT 1bis Annexation Agreemen~ ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Daniel and Shannon Jackson ("APPLICANT"). RECITALS A. APPLICANT owns the parcel(s) ofland legally described in Exhibit A, the Property, and shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commission or its sucCessor ("Boundary Commission") following minor boundary change processes. B. APPLICANT has submitted to the City an Annexation. Applicatio~:iq~al No. LRP2007- 00009, dated February 26,2007, for Assessor's Map No. 17-03-24-31,Pflrl of Lot 2000 ("Property"). ." ;i,.. ;i' ~, '. ,I ,. .., C. APPLICANT wishes to annex the Property to the.~ity at;'ld seeiG support from the City for the annexation before the Boundary Commission ori~~llccessor. The Springfield Cominon Council has adopted Resolution No. _ supportingth~ cmnexation. , J,'~r'::ry D. The Property is currently designated.asb):WD~nsity Resid~h#aJ(LDR) on the Metro Plan and is zoned LDR (Up-I 0) according't() theSprmgfield Zoning Map. -"~.' ;l. ..': _ '--.: _,~,:.;.-.:;!. -,,:!<,~.;,:,/::);, E. Annexation of the Pwperty requires ~ shQ~g under SQC 6.030(2) that the Property can be provided with tl}~.,hllriimuw.J~vel of key mqan facilities and services as defined in the Metro Plan Policy 8~,~g8b, p.n':G~, and such sh9wing is.supported by the substantial evidence in the recordoftli~proceedip.g on this annex~tion. City staff has determined the minimum level of key urban se~ge~i~9~~~1Jyavailc:1.ble to the Property with the exception of public.~anit~.sewer seMse, publicsiqqt;lwater management service, and street c(wne~tiVitY td.a~jgining property that fully meet City Standards. The purpose of this .Agreement is toni,~ro()rialize Af>PqCANT's and City's commitment and agreement to the '<allo~ation of finanCiij~esponsibility for public facilities and services for the Property and otii~f',Jl.~ers of the faciU~~s, sufficient to meet the City's requirements for the provision of key ili~~ services, in~jH~ng long-term public sanitary sewer, stormwater, interconnected transporla#gn systemsa,nd Fire and Life Safety services necessary for an affirmative City recommendap.gn for.Q:le annexation request. !"",', r.:,',-', . :iJ~~'~-:~:~", ::;:,.~l~;' ': r' ",.;'" ~... ~ ii' Mter Recording, Return to: Place Bar Code Sticker Here: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Atln: Engineering Division ANNEXATION AGREEMENT - Page 1 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-o5-o7.doc ATTACHMENT 4 - 1 F. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a 'finding that this key urban service is available to serve the Property. . An existing public sanitary sewer system is currently under construction which includes a new lift station located at the comer of Vera Street and 19th Street. The Property will be allowed to connect to this lift station after it is approved for acceptance by the Common Council, which should occur before May 1,2008. . As a part of the construction of the above described publics~tary sewer system, there will be a fifteen inch (IS") diameter public sanitary sewer extended from the lift station to the existing westerly right-of-way of 19~ Street. . The APPLICANT will be required to extend the above described fifteen inch (IS") public sanitary sewer along 19th Street and the Hayden Bridge Stub prior to the street construction as defmed hereafter in Paragraph H of the Recitals of this Agreement. . The APPLICANT will be allowed to connect individual sanitary s~wer laterals to the fifteen inch (IS") public sanitary sewer. .... . The City will participate in the cost of the construction of the fifteen inch (IS") public sanitary sewer through the provision of Local Sanitary Sewer Improvement System Development Charge (SDC) credits for the City portion of the sanitary sewer SDC's which would normally be collected during th~ building permit review and issuance process. The City Will also participate in the cost of said construction by means of a cash contribution, ~ necessary, to provide fOr a total SDC credit and cash contribution of fifty percent (50%) of the total cost of the fifteen inch (IS") public sanitary sewer. The cash contribution will be reimbursed to the APPLICANT after all building permits for all lots within the Property have been issued and the SDC credits have been.applied. The cash contribution will equal the total cost of the construction of the fifteen inch public sewer at the time of construction, minus the total dollar value of the credited SDC's. City participation will be limited to the construction of the fifteen inch (15") public sewer, and not any include any costs .:fllSsociated with the laterals connected to said sanitary sewer. Further, City . participati6p will he limited to construction costs only, and not incidental costs including, but not limited to those costs which are specifically allocated solely to the APPLICANT and defined ill Paragraph 1.3.3 of this Agreement. APPLICANT will be required to construct a public gravity sanitary sewer system to serve the Property, as needed, in addition to the fifteen inch (15") public sairitary sewer described above. G. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. · An existing eighteen inch (18") diameter public stormwater management system is located adjacent to the West line of the Property, approximately 240 feet north of the centerline of Vera Street. Another existing twelve inch (12") diameter public stormwater management system is located adjacent to the West line of the Property, approximately 170 feet south of the centerline of Vera Street. . The APPLICANT will be allowedto connect to either or both of these existing public stormwater management systems, but will be required to provide pre- ANNEXATION AGREEMENT - Page 2 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc ATTACHMENT 4 - 2 treatment fm 100 % of newly paved surfaces, using such methods as double chambered catch basins with oil filtration media or a water quality manhole. Additionally, a minimum of 50% of the non-building rooftop runoff impervious surfaces on the property shall be treated vegetatively, using methods such as a bioswale. The APPLICANT will be required to maintain the post-developed runoff rate of flow equal to or below the pre-developed runoff rate of flow. H. An interconnected transportation system with the existing and proposed land uses in the viGinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. .. The Property has frontage on 19th Street which is under the jurisdiction of Lane County. Along this frontage, 19th Street is not improved. . The APPLICANT will be required to improve 19th Street to .~ minimum 2/3 width of the required width of up to forty-four feet (44')foia collect6rfueet. The APPLICANT will be required to construct a section complete With 'curb, gutter, pavement, sidewalks, street lights and street trees, along the frontage 'of the Property. . The APPLICANT will also be required to dedicate a strip of land thiitY~five feet (35') in width adjacent to the westerly line of the eXisting Right-of-way, across the frontage of the Property, to accommodate the irIlprovement and the alignment of 19th Street and result in a total Right-ofway width of se"enty feet (70'). . The APPLICANT will also b~required to dedicate a Right-of-way of sixty feet (60') through the Property to facilifutetheec:l;8!.7west connecti9~6f 19th Street with the existing Vera Street Right-of-way and pavement. The APPLICANT will be required to construct the easterly extension of Vera StreettQ an urban standard from the West line of the Properly to 19th Street~ cofuplete withbirb, gutter, pavement, sidewalks, street li~ts'and ~tr~~t~ees.', . . The APPLICANT Will also be required to provide for an improved secondary access to the Property via either the extension of 19th Street to Yolanda Avenue, or the improvementorHaydenBridgeStu,b from 19th Street and easterly to the existing ',' iiinpfov~dRaveIri~p,t: In eHhefcasKthe APPLICANT will be required to provide for a minimum 2/3 widihofthe required width of up to forty-four feet (44') for a . "~_ ",''-' ~. . h 'C'_' " " ~: I" collector street, complete with curb, gutter, pavement, sidewalk, street lights, and -:,-<-',(<:.. \q'-:"~: ,'. - . street trees. .::';.' '. t, .: ~" . , , ~ APPLICANT will further be required to provide public access to all proposed lots within the Property via public Rights-of-way and urban standard streets, cOTI,lI>l~te withcSurb, gutter, pavement, sidewalk, street lights, and street trees. . If a Su1Js~qlleri.t subdivision application for the subject property will create lots which will allowclevelopment of 30 or more homes, the APPLICANT shall be required to provide a secondary fire and life safety apparatus access route to the subdivision in accordance with Springfield Fire Code Appendix D 1 07. . I. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Boundary Commission or its successor, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. ANNEXATION AGREEMENT - Page 3 of 12 Revision Date 11105/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-o5-o7.doc ATTACHMENT 4 - 3 Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties' agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance of Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. 1.1 Apply for, and obtain, Subdivision Tentative Plan apPl"~val from the City, pursuant to Springfield Development Code Article 35, for a resid~Iltial subdivision on the Property within six (6) months, unless extended by the CltY,()f the effective date of the Boundary Commission's, or its successor'~,~PPfoval ofA!;r,!-ICANT's annexation request. This paragraph is subject to the requirement~pfParagraph 8, below. ',", .':, .~,<." - .. 1.2 Apply for, and obtain, Subdivision Plat appfQyalgom the City, purs~t to Springfield Development Code Article 35 for;a residential subdivision on the Property within two (2) years, unless extended by:f:l1e City, of the date of the Limited Land Use Decision i~~ll~e by the City for~}~b4ivision Tentative Plan approval issued pursuant to Pafagraph1.1, above. ~sparagraph is subject to the requirements of Paragraph 8, b~low. .. . .. . ,-" ,~ 1.2.1 APP~~.F~.'f further agr~es to hold th~!QitY harmless for any and all claims ~t may an~e from any delay of the development of the Property as a result of the City's performance, or lack thereof, in relation to the construction and . Coinmon Couricil approval arid acceptance of the Vera Street lift station. , ,:~ '~.,__'~:: , "",..:,,.;,~-~:/' ,.i~1~A-n.:(.__" -, : ,"__:,". l.3"..~llpj~c!Jo Subdi~sionPlat approyaJ., City Engineer approval of the requisite Public "..Inlprov~m~nt PI~,FinalInspection, submittal and approval of the requisite As- ... . . built PI~~. ~d Acc~p~ce 1:>Y the Common Council, and prior to Occupancy '..; ........ Approval f6tany new stiiictUre on the Property, develop on-site and off-site public :q'\sanitary sewerf(;mveyance systems to provide sanitary sewer service to the . .deyelopment as.Jollows: 1.3 .1... ,APPLICANT shall construct public sanitary sewer systems to connect to the .YeraStreet lift station and to extend the existing public sanitary sewer, as described in Paragraph F of the Recitals of this Agreement. I" 1.3.2 APPLICANT shiill prepare the studies, plans, permit applications, and other' supporting documentation necessary to obtain the permits and other approvals necessary to construct the sanitary sewer systems described in Paragraph 1.3.1, above. 1.3.3 APPLICANT shall bear the full cost and obligation to design and construct the proposed sanitary sewer systems that connect to the existing public ANNEXATION AGREEMENT - Page 4 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc A TT ACHMENT 4 - 4, systems, including but not limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.3.4 Prior to or concurrent with Subdivision Plat or Public Improvement Plan approval by the City, whichever comes fIrst, for any portion of the Property, APPLICANT will provide financial security acceptable to the City for all costs associated with the above described sanitary sewer system construction. APPLICANT is directed to Paragraph 12 of this Agr~ement concernihg current requirements in relation to regulations of tlie Bureau of Labor and Industries (BOLl) and the payment of prevailitig rate of wage. The cost of all construction to be completed which the CitY interprets as being occupied or used by a public agency shall be estimatedbasedupQnthe prevailing rate of wage, and fmancial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.4 Subject to Subdivision Plat approval,Cjty Engineer approval of the requisite Public Improvement Plans, Final Inspection, submittal and ~pproval of the requisite As- built Plans, and Acceptance by the Common Cmincil, and prior to Occupancy Approval for any new structure on the PropertY, develop on-site and off-site public stormwater management systems to provide drainage ~.ervice to the development as follows: ",.ir\;"., ..', 1.4.1 APPLICANT shall construct publicstormwater management systems to collect, treat, convey, detall1 as deemed n~cessary, and discharge stormwater from the PToperty and the rlpstream tributary areas via an on-site engineered bi?swale or mechanical fIltet'~ystem and public drainage easement, and into thripublic storInwater lines, as described in Paragraph G of the Recitals of (,I this A~~~ment. '., '..',-:, 1.4.2 . " . ':APPLICANT shall prepare the studies, plans, permit applications, and other supporting docUmentation necessary to obtain the permits ,and other appr6y:ils necessai)?to construct the stormwater management system described in Paragraph 1.4.1, above. ," ~ :~,' " '" !.~' : '; C', I" '~,::::'~': ~:; \'::,. ,,' 'i.!~:-':'~ :'~~;, ' ': 'ii;:~[3 Grant to the City the easements necessary to access, operate, and maintain a ,. 'stormwater management system on the Property. Easements for piped poqiorts of the system will.be a minimum of fourteen feet (14') wide and may be wider depending upon the size and depth of the pipes within the easement. Easement widths for open channel portions of the system shall be determined based upon the design width of the channel plus ten feet (10') on one side and twenty-fIve feet (25') on the other side to accommodate access and maintenance by City personnel and equipment. Actual easement widths and locations will be determined during the Subdivision Tentative Plan reVIew. 1.4.4 Applicant shall bear the full cost and obligation to design and construct the proposed stormwater management systems that connect to the existing public systems, including but not limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.4.5 Prior to or concurrent with Subdivision Plat approval or Public Improvement Plan approval by the City, whichever comes first, for any portion of the Property, APPLICANT will provide fmancial security acceptable to the City for all costs associated with the above stormwater management system construction. APPLICANT is directed to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment of prevailing rate of wage. The cost of all construction to be completed which the City interprets as being occupied or used by a public agency shall be estimated based upon the prevailing rate of wage, and fmancial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.5 Subject to Subdivision Plat approval, City Engineer approval of the requisite Public Improvement Plans, Final Inspection, submittal and approval of the requisite As- built Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any new structure on the Property,.deve1op on-site and off-site public street systems to provide interconnected transportation service to the development as follows: .. . ,.." . 1.5.1 APPLICANT shall bear the full cost and obligation to develop and construct " fully-improved on-site and off-site public street systems to provide for the .,' logic~ and orderly extension of the following public streets: 1.5.1.1 Dedication of Right-of-way and construction to facilitate the cOllIl,ection to and extension of Vera Street from the existing improveli street, located at the West line of the Property, through the .,.property to the East line of the Property and the intersection of Vera . Street with 19th Street, as described in Paragraph H of the Recitals of this Agreement. Also, dedication of Right-of-way and construction to provide public access to all proposed lots within the Property, as described in Paragraph H of the Recitals of this Agreement. 1.5.1.2 Dedication of Right-of-way and construction tb facilitate the connection to and extension of 19th Street to Yolanda Avenue or to the Hayden Bridge Stub, to provide a secondary access as described in Paragraph H of the Recitals of this Agreement. ' 1.5.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the permits and. other approvals necessary to construct the transportation systems described in Paragraph 1.5.1, above. ANNEXATION AGREEMENT - Page 6 of 12 Revision Date 11/05/07 l:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc ATTACHMENT 4 - 6 1.5.3 APPLICANT shall bear the full cost and obligation to design and construct the proposed transportation systems, including but not limited to associated Right-of-way, easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built plans. 1.5.4 Prior to or concurrent with Subdivision Plat approval or Public Improvement Plan approval by the City, whichever comes first, forany portion of the Property, APPLICANT will provide fmancial secUrity acceptable to the City for all costs associated with the above transportation system construction. APPLICANT is directed to Paragraph 12 oft1:llsAgreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLI) and the payment ()f prevailing rate()f 'Yage. The cost of all construction to be completed which the City interprets as being occupied or used by a public agency shall be estimated based upon the prevailiIlg rate of . wage, and fmancial security shall be adequate to provide for the payment of said prevailing rate of wage. . 1.6 Provide and b~e fmancially responsible for the provision of any additional urban facilities and services identified during the reviewan,dapproval of the. Subdivision Tentative Plan and/or the PubMc Improvement Plansasnecessary to serve the development of the Property, includirigthe construction and maintenance thereof. 1,;'3-<': 'c',)",<];, i"~:'::':-~:' -. '-";,' ,:." "; :'.':(',;":' _ ;",' "" 2. .obligations ofcitY.;~?nsiste~t~th the above Recitals, City agrees to: '-' , '~ ',',.~-. 2.1:".Initiate and stipp()rt annexation of the Property to the City before the Boundary 'PgII1II1ission, or}ts successor, and support APPLICANT's defense of any appeal ofa decision of the Boundary Commission, or its successor, annexing the Property to the CitY.}Howev~f,'the City will not assume any financial responsibility to provide legal counsel oil appeal. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan, Subdivision Plat, and Public Improvement Plan applications in accordance with City procedures for the development of the Property. 2.3 Participate in the cost of the construction of the fifteen inch (IS") public sanitary sewer in the manner described in Paragraph F of the Recitals of this Agreement. ANNEXATION AGREEMENT - Page 7 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 1I-05-07.doc ATTACHMENT 4 - 7 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, assigns, administrators, and successors of the parties hereto, and shall be construed to be abenefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of .the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement 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 systerp.s, apd street improverp,e,nts for the proposed development. 5.. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters containe4 herein. 6. Waiver of Right of Remonstrance. APPLICANT agreestqsign any and all waivers~ petitions, consents and all other docllnlents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Laile County or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assrssment thereof, if the assessment appears to APPLICANT to be inequitable or operate lpiairly upon the Property. APPLICANT waives any right to filea.written rempnstrance against these improvements. APPLICANT does not waive its right t()comment y.pon any proposecl.[.ocal Improvement District (LID) or any related matters orallyor.in,w1!ng., . "'..s':'"','" . "-'.,0""., ':: :,;>~;, .:. ' " ::,.. ' 7. Modification of Agreem~nt. ,This Agreement may only be modified in writing signed by both parties. Any modificatiopsJ~ this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minin,lUm level of key urban facilities and services as defined in the Metro Plan Policy8a and 8b, p~II-C-4 and as required herein are not provided in a timely manner to the Property. 8. Land Use. N~thing iJ:1tms Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands its rights under Dolan v. City ofTigard (512 U.S._114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of ANNEXATION AGREEMENT - Page 8 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc ATTACHMENT 4 - 8 APPLICANT, for payments, financial responsibility and reimbursements 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 cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measure 37. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shalll?~clee~ed une~~rc~able or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaDing, enforceability, and effect of the Agreement and the rights and liabilities of the paq~es heretp shall be determined in accordance with the laws of the State of Oregon. . /; 12. Compliance With HB 2140. In acc()rdance with House'13ill, 2140, the APPLICANT acknowledges that 25 percent or more of the square footag~of this PROJECT as completed will be occupied or used by a public' ~gency al1~ that, accordiligly this PROJECT is "public works" within the meaning ofORS 297C.800(6)(~)((). ,:-'.;:-:-:-';'1'::''''- ~.. '"' -,,- ." -' The APPLICANT \\'ill ~~9uire, as a conclitioii'hf any contract for construction, that the specifications forslich c6ntr~.ct shall contiJ.ip a provision; A. B. ",> "~-';: ,', '.',,'... , - -.' "':;',-,":.'- ,,':,'('," :.:", ,:"':"-'- .>,-':: requiring that/;l:Ily contractor or subcontractor shall comply with each and every . provision ofOR,S279C.800 - 870, with respect to such PROJECT. . ; i' ~ . ) C.' , . ~ . ",. -.' " , ',' -'. Any and ai180st estim~tes shall be prepared on the basis of prevailing rates of wage. .. "t';' If the Commissioner of the Bureau of Labor and Industries shall have, pursuant to Section 44(2) of chapter xxx of Laws, 2007, as enacted by House Bill 2140, divided the PROJECT to separate the part that are public works from the parts of the PROJECT that are not public works, the foregoing provisions shall apply only to that portion of the PROJECT that the Commissioner shall have determined to be "public works". ANNEXATION AGREEMENT - Page 9 of 12 Revision Date 11/05/07 .I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc ATTACHMENT 4 - 9 DATEDthis _ day of ,2007. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT ',. :,,-' ' Daniel) ackson (O\VNE~) } ss Shannon Jacks~ln .(OWNER)~" ;-'Y;l~,-"'. STATE OF OREGON COUNTY OF LANE BE IT REMEMBERED that on this .... , day of ,200 before me, the undersigned, a notary public in and for'said:y(:mnty and State, personally appeared the within mimed Daniel Jackson and Shannon Jackson whose identity was proved to me on the basis of satisfaCtotfe,vi~e,pce and who executed the within instrument and acknowledgedtg me that DanielJackson and.'Shannon Jackson executed the same freely and voluntap,1y~, J!:;\'~~'~~<. IN TESTIMONY WIffiItl;:.QF, I have hereunto set niy.hand and affIxed my official seal the day and year last above written. ,.; ":)(':\. Notary Public for Oregon My Commission Expires ANNEXATION AGREEMENT - Page 10 of 12 Revision Date 11105/07 I:\LlInd Use Applications\Annexation Jackson\Annexation Agreement 11-OS-07.doc ATTACHMENT 4 -10 CITY OF SPRINGFIELD By: Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE } 88 BE IT REMEMBERED that on this dayof. .. , .... 200 before me, the undersigned, a notary public'iriilnd for:'~a.id County and State, personally appeared the within named Gino Grimaldi whose identitY was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he. is the City Manager of the within named municipal corporation and does ackrl.()wledge said instrume:q.t to be the free act and deed of said municipal corporation, and that the seal affIxed to said instrurrleIlt is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed. in behalf of said municipal corporation by authority of its Common Council. . . ;:'~ ',.::.... IN TESTIMONY WHEIffiOF~ihaye hereunto set my hand and affixed my official seal the day and year last above written. " NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES ANNEXATION AGREEMENT - Page 11 of 12 Revision Date 11/05/07 I:\Land Use Applications\Annexation Jackson\Annexation Agreement 11-05-07.doc ATTACHMENT 4 -11 EXHIBIT A February 12, 2007 Branch No. 06-203 LEGAL DESCRIPTION FOR ANNEXATION PURPOSES LANDS OF ~ANlEL L. AND SHANNON L. JACKSON (pORTION OF TAX MAP 17,.03-24-31. TAX LOT 2000) SITUATED in unincorporated area in Lane County, State of Oregon in the Southwest 1/4 of Section 24, Township 17 South, Range 3 West of the Willamette MericUan and described as follo~s: BEING a portion of the lands that were conveyed to Daniel L. and Shannon Batty in that certain Special Warranty Deed thatwas recorded May 16, 1990 in Reel 1632R at Reception Ni.un.ber 9022540 in the Official Records of Lane County, State of Oregon, said portion being more particularly descnbed as follows: Commencing at a point 17.42 chains north of a point where the East line of the William C. Spencer Donation Land Claim Number 50, Notification Number 3265, intersects the line between Section . 24 and Section 25, Township 17 South, Range 3 West-of the WillametteMeridian; thence North 890 42' 33" West 393.00 feet and North. 00'0 06' 16" West 225.00 feet to the southwest comer of said lands that were conveyed in the above deed, which point lies on the existing city limits line of the City of Springfield and is the TRUE POINT OF BEGINNING of the lands being described herein; THENCE leaving said TRUE POINT OF BEGINNING and along said city limits line and west line of said lands that were conveyed in said deed, NOR 1H 000 06' 16" WEST 900 FEET, more or less, to an angle point in the Urban Growth Boundary of the City of Springfield; THENCE, leaving said city limits line and said west line of said lands that were conveyed in said deed, NORTH 630 35' EAST 435 FEET, more or less, along said Urban Growth Boundary to an angle point in said boundary that lies on the east line of said lands that were conveyed in said deed; THENCE, leaving said Urban Growth Boundary and along said east line of said lands that were conveyed in said deed, SOUTH 000 06' 24" EAST 1100 FEET, more or less, to the southeast comer of said lands that were conveyed in the said deed; AND THENCE, along the south line of said lands that were conveyed in the said deed NORTH 890 42' 33" WEST 393 . 00 'FEET RETURNING to the TRUE POINT OF BEGINNING and CONTAINING 9.0 ACRES, more or less. . "W>..{) v'lr\.CL (2 "l{)c) I . I REGISTERED PROFESSIONAL LA SURVEYOR .-' ORE JULY 20, 1993 REX A. eETZ !-l c. E7~ I "l.-/~r/07 ATTACHMENT 4 - 12 I I I I I I I I ! I : i "-.... '--------- *~ "l" " .Jo . , 'i ' 'l\ ~. , \ ' , ABa 2'0 .. AN1lu.D . 'J'D JACKSON PROPERTY N". 1/4, S". 1/4, DC. 84, 2'.17'8'., &81r., 1r.JI. UIm COVNn", ODGON I'DRUAllr 111, 110O'1 BCALB J. I: 110O' - - -... arr ICIIIWft' - - --- -- TAX IIAP 17-OI-H-II. A I'OIITION OF TAX LOT aooo , l~~ ,\, \. r ~~ 1 l ..;<T=- J _ .. 11I01 @BranCh Engineering. Inc. 110 ftIlIa _ ....-.ae14. CInpD 117'" ~~~=~1~U~~ CIftl.~.~U-'~ flROoS:r NO. OfS-R05 m >< ::I: - m - -I m