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
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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
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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
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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,
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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,
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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
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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
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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 .
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Uf-fIGE UF CiTt ATTORNEY
ATTACHMENT 1 2
EXHIBIT A
EXHIBIT A - P1
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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)
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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:
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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
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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
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REGISTERED
PROFESSIONAL
. SURVEYOR
lORE
JULY 20, 1993
REX A. aETZ
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ATTACHMENT 1 - 3
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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
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97477. Lane! Countv
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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
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Phone: :
this application is correct and acJn.te.
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Date 2-c3l. (0-07
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er hereby gnmts permission for the applicant to act in hislher behalf
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Date
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The undenigned aclmowl
X Applicant Signature
If the applicant is other than .
Owner Signature
F r Office Use Only:
Received By
Tax Lot
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PL5J-aJ1-~CHMENT 1 - 5
EXHIBIT C - P2
FORM #1
PETITION I
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ANNEXATION TO THE CITY OF SPRINGFIELD I
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TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
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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 .
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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 . .
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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
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Date
~By
Date
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By
Date
By
Date
MAP# 17-03-24-31
. LOT# 2000
MAP#
LOT#
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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
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SUBJECT TERRITORY
Assessor's Map 17-03-24-51, portion of Tax Lot 2000
Springfield, OR
SUBJECT PROPERTY:
Portion of TL 2000 inside Springfield
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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'
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VICINITY MAP
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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,..
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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.
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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.
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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 .
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collector street, complete with curb, gutter, pavement, sidewalk, street lights, and
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street trees. .::';.'
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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. ',",
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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. .. . .. .
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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.
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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\;".,
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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.
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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.
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'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.
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2. .obligations ofcitY.;~?nsiste~t~th the above Recitals, City agrees to:
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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., .
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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
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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.
",>
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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.'
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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
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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
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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
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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
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