Loading...
HomeMy WebLinkAboutItem 13 Annexation of Territory to the City of Springfield (Pickett, Case Number LRP2007-00004) , . Meeting Date: December 3, 2007 Meeting Type: Regular Session Department: DSD' ./~~ Staff Contact: Linda Pauly?," ~ J S P R I N G FIE L D Staff Phone No: (541) 726-4608' ~ C I T Y C 0 U N C I L Estimated Time: 10 minutes ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD (PICKETT, CASE NUMBER LRP2007-00004). Conduct a public hearing and adopt/not adopt the following Resolution: 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. AGENDA ITEM SUMMARY ACTION REQUESTED: ISSUE STATEMENT: The Property Owners, L. Russell and Lea Pickett have requested annexation of 0.48 acres of property located at 2320 Laura Street on the west side of Laura Street north of Lindale Drive, within Springfield's UF-l 0 Urbanizable Fringe Overlay District. The subject territory is described as Assessor's Map Number 17-03-27-11 Tax Lot 2700 and adjacent Laura Street right of way, and is more accurately described in Attachment 1, Exhibit A. The subject territory is contiguous with the Springfield City Limits and contains one residence. The applicant requests annexation in order to seek development of additional residential uses, consistent with the standards of the Medium Density Residential (MDR) zoning district. The proposed urban densities 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 facilities, streets, electricity, parks, fire/emergency services, and schools. Staff [mds, 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: 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 of the land owners of the territory 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 real property. in the territory proposed to be annexed. According to Lane County Elections, there are two registered electors currently residing within 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 December 31, 2007 LCLGBC filing deadline and will be reviewed at their February 7, 2Q08 meeting. The City Engineer has provided the attached Draft Annexation Agreement. This resolution will be forwarded to the LCLGBC only when the Annexation Agreement has been finalized and signed by the applicant and the City Manager. According to the Lane County Regional Land Information database, the 2007 total assessed value of the applicant's property is $197,431. Upon annexation, the applicant proposes to redevelop the property with six housing units in accordance with SDC 16.020. RESOLUTION NO 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 0.48 acres and adjacent right of way into the City of Springfield on February 7,2007, said territory being described as follows: Township 17 South, Range 3 West, Section 27, Map 11, Tax Lot 2700 as more particularly described in Exhibit A of this Resolution. . WHEREAS, the City requests annexation of that portion of the Laura Street right-of-way adjacent to and .north of the site and not yet annexed, said territory being included in the property more particularly described in Exhibit A of this Resolution. WHEREAS, the territory proposed to be annexed as set forth in Exhibit A is within the Eugene- Springfield Urban Growth Boundary, and is adjacent to the City Limits; and WHEREAS, the City Council is authorized by ORS 199.490(2)61)(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 proposed 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 real property 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, 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 time within which to deliver urban services and facilities; and WHEREAS, minimum level key urban facilities and services are defmed 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 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 LRP2007-00004 and Attachment 4: Annexation Agreement; and ATTACHMENT 1 - 1 WHEREAS, an annexation agreement has been proposed for execution by the City of Springfield and L. Russell and Lea Pickett; (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; and 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 L. Russell and Lea Pickett; (Owners); and WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's request for expedited processing to the Lane Co~nty 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 27, Map 11, Tax Lot 2700 and included right of way as more particularly described in Exhibit A of this Resolution. Section 2: This resolution shall take effect upon adoption by the Common Council of the 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 study, public hearing and adoption of final order required by ORS 199.461. Section 4: The City Manager shall 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 L. Russell and Lea Pickett (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 ':':! i\i I:J :10 381:1:10 "'... r. 5- .~ur-f\: 3.11ifC! 'c,.,=~~~:>\u~,:u,':'~,~," ;-.L ~~ ';:'~ ~,., I\J ':,'.j"j' \',] un:!1I'.lI ATTACHMENT 1 - 2 EXHIBIT A PICKETT ANNEXATION DESCRIPTION (Current Map and Lot: 17-03-27-11-02700) EXHIBIT A '- P1 . Beginning at a point 390 feet South along the centerline of Laura Street (County Road No.3) from the Jacob Halstead, Donation Land Claim No. 47, in Section 22, Township 17 South, Range 3 West of the Willamette Meridian, said point is on the current city limits line; thence leaving the centerline and along the city limits line Westerly 25 feet to a point on the Westerly right of way of Laura Street; thence Southerly along the Westerly right of way of Laura Street which is the current city limits line, 14 feet, more or less to the Northeast corner of a tract of land described in a deed from Harlan E. Carter and Helen V. Carter to L. Russell Pickett and Lea E. Pickett, recorded for public record August 6, 1964 in Reel 2480 at Reception 66995, Lane County Official Records in Lane County, Oregon (current tax lot 17-03-27-11-02700); thence leaving the Westerly Laura Street right of way and along the boundary of last said tract which is also the curr~nt city limits line West 223 feet (deed record); thence continuing along said boundary and city limits line South 101 feet (deed record); thence leaving the city limits line and along the tract boundary East 223 feet (deed record) to a point on the westerly right of way of Laura Street; thence crossing Laura Street, East 55 feet toa point on the Easterly right of way, said point is 30 feet East of the centerline and on the current city limits line; thence along the Easterly right of way line of Laura street and the current city limits line Northerly 115 feet, more or less, to a angle point in the city limits line; thence leaving the Easterly right of way line of Laura Street and along the current city limits line Easterly 30 feet to the centerline which is the point of beginning. ' ATTACHMENT 1 - 3 .... ~ ~ 11> W~ST 261.09' " / " / , / ~.> /.' "/", // .... I , . . -' ~/ /;' /. ..' )~~(If. ,/~'" //,/, ~. LpLE" . , ~., "y / . . ....AP;' .' .' .. ". . ~v , . .' / ..' -- :5"..." ' / / / / 8;oq;. ,. . / .. ,/' ./.c:~ L!..~' (j)." .. ". ,. -'" .a....y. Z'" 1If..' '.' "/" C"..../' . !;i g: .' / .' /,/ ..' 0+ l>' " ,,' p, ' .'. .' ~ b . ,.' .... C .' ,. / ,/ /..~ ....1::57 .' / / .. rl", 'U/ / ' " ;' ,/ / ~-<i,J ~ . ./ /' /' ,. ~ / ,/ .' . / / / ~ / .. / e / .' "/ / / . ." / .. , .. , /" / 'r w.~'Log." " / / / . / /./ /' ,/ -'" ./ //. //// /',/ ;' / .' / ISUI'lG HOUSE" .' / 1..7\6 lil. fl.. .' / (TP' B.~ .REU9VEO~ . . /~/ . ,'/ ;. /tr, '.' " ~ ../ I~:.,.~pl.[.... .../ EAST 260.62' URVEYEO LOCATION OF EXISTING FENCE WEST RIGHT-OF-WAY LAURA STREET /./ G2' PUlE / .' , , .. , / .. .. 24.00' ~PAVEMENT I 60' RIGHT-OF-WAY I .: ~~i:r - I X-SSIIH RIll 4fZ.OS' '" LE. QUI' (5) SOUTH : "0' FROU W.N.W. CORNER OLC NO. 47 POINT OF BEGINNING ANNEXATION TERRITORY " m X ::J: - OJ - -I OJ m >< ::I: - c:J - -I 0Qw ILEA LRU ...2.12( 'lll>RI -.10 AeJ EXHIBI.T C - P1 City of Springfield . Development Services Department 225 Fifth Street Springfield, OR 97477 Phone: (541) 726-3759 Fax: (541) 726-3689 Annexation Application Location of the Property: On the west side of Laura St., about 200 feet south of Harlow St. and 100 feet north of Lindale St. 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.) J '-l -a2:> - 21. /I L_2~ Map # T17S-RJW-Sedion 27, 11 Lot # 2700 Map # Lot # Map # Lot # Map # Lot # Area of Request: appro:L 2~,~'2Jf or o.So. ....e Existing Use(s) of the Property: Residential; one-single family dWelling (bIt. i929) Proposed Use(s) of the Property: Divide into three parcels with one duplex on each parcel II Applicant Name: L Russell Pickett and Leal E. Pickett Address: 2320 Laura St. . Springfield, OR 97477 Phone: (541) 747-7898 Also Contact: Dean Pickett, 707 SW Baylor St., Portland, OR 97223 (503) fjt;cfo<t7'( ceI( Also Contact: Udell Engineering, 63 E. Ash St., Lebanon, OR 97355 (541~-5U5... Applicant Signature Applicant Signature Date ~~ h ?.oo 7 . , Date~k ? L ()() 7 Owner Signature .~c!P#M. gnats permissioa for tile appliaat to act iD bislher behalf - Date~. If ~ t)(/ 7 . ~ t; .:iLJd 1" For Office Use Only: Journal No. LP--f k~::r-fi!i:J-1 Received By: Map No. 11-D~'<l.1-lJ TuLot: Date Accepted as Complete: -k ~100 3m t~ -~ -<1)J\'\1 ATTACHMENT 1. - 5 EXHIBIT C - P2 FORM #1 PETITION ANNEXATION TO THE CITY OF SPRINGFIELD TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION We, the undersigned, constitute the owners of at least one-half of the land area of the property descn"bed in the attachment marked ''Exhibit A" AND We desire to be annexed to the City of Springfield. A map is attached marked "Exhibit B," showing the affected territory and its relationship to the present city limit boundaries. The annexation constitutes a minor boundary change under the Boundary Commission Act and should therefore be considered by the B01mdary Commission and, after study, a Final Order should be entered by the Boundary Commission. By rX ~ /Zh6 By A~ ct: ~~;ldb Date..::$Z It ;:4pt:J7 Date.u ~,-,;U:Jo 1" By Date By' Date MAP# LOT# MAP# LOT# 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. Revised 12128/00 5 ATTACHMENT 1 - 6 EXHIBIT C - P3 PETITION SIGNATURE SHEET Owners I 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 % 1116 Lot # (E~le) John D~ 'J '" 135 6th Avenue East, Eugene ':L/ _ . ~# . -v v -v Li~R.{)~~L~ P/OKeo - >F'~ :J. 52.0 L.4t1 Ie/! sr SJ l:.EA-: €', PI e-K.e:ffr 7 7-.:520 t-If(/M sr:- . v.; . 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 agen.cy or trust. Revised 12/28100 10 ATTACHMENT 1 - 7 EXHIBIT C - P4 EXHIBIT A - Annexat~n Application Narrative Applicants/Owners: L. Russell Pickett and Leah E. Pickett Property Location: TI7S-R3W-Section 27, 11, Tax Lot 2700 3. Detailed written explanation of the proposal: The proposal is to annex the 26,362 square foot subject property into the City of Springfield. The property is part of a small island ofland that is surrounded by the City. It is within the UGB and is bordered by the City Limits to the north,. east and west. The property is planned and zoned for residential use (MDR/UF -10). . It will be developed with three duplexes, one on each of the three parcels, upon annexation. This level of development is consistent with the requirements of the MDR zone. The property is surrounded by existing or planned urban level residential development on all sides. All services are existing and available to the property. .:. The size and location of the property The property is located on the west side of Laura Street, about 200 feet south of Harlow Street and 100 feet north of Lindale Street. It is approximately 26,362 square feet (0'.605 acres) in size. .:. What city services or facilities do you seek from annexing the property? The property is currently accessed from Laura Street. The one single-family dwelling on the property is served by City water. It is on a private on-site septic system. Upon annexation, the property would contain three duplexes that would receive all City services, including: access, water, sanitary sewer, storm drainage, fire, police, etc. .:. How the property will be served by a minimum level of key urban facilities. The subject property and tax lot 2600 to the south form an island ofunannexed land within the City. Water, sanitary sewer and storm drainage facilities are either already serving the property or are available from existing service lines. The location and size of existing lines are shown on the attached site/facilities plan. Fire and police services are already provided to the property. The property will be developed with three duplexes. All key urban facilities are adjacent to the property and apptopriately sized to accommodate this level of development. BY Pickett Annex Exhibit A 051016 P~e. 1 of 2 ATTACHMl:NT 1 - 8 EXHIBIT C P5 EXHIBIT A - Annexa~n Application Narrative Applicants/Owners: L. Russell Pickett and Leah E. Pickett Property Location: T17S-R3W-Section 27, 11, Tax Lot 2700 .:. The zoning and plan designation of the site and adjacent properties. Subiect Property Plan DesignatIon: Zoning: Current Medium Density Residential (MDR) MDRIUF-IO Proposed Medium Density Residential (MDR) MDR . Adiacent Property Plan Designation: Zoning: North HDR HDR East MDR MDR South MDR MDRIUF-10 West HDR HDR .:. The proposed.use of the development area and scope of the proposed development The proposed use is residential and is consistent with the MDR zone. The property will be divided into three parcels, each approximately 6,000 square feet in size. A duplex will be constructed on each of the three parcels. This complies with the density requirements of the zone. .:. The current use of t~e site and any existing improvements. The property contains a single-family dwelling and a barn. The dwelling was constructed in 1929. The barn was built at about the same time. The only other improvement is an on-site septic system connected to. the dwelling. .:. Any special site features (i.e. wetlands, watercourses, steep slopes, etc.) There are no identified wetlands, watercourses, steep slopes or other special features on the site. BY Pickett Annex Exhibit A 0510 16 P!y?;'e.2 of 2 ATTACHMl:NT 1 - 9 EXHIBIT C - P6 .- EXHIBIT B - Boundary Commission Narrative Applicants/Owners: L. Russell Pickett and Leah E. Pickett Property Location: TI7S-R3W-Section 27, 11, Tax Lot 2700 Description of Proposed Action The proposal is to annex the 26,362 square foot (0.605 acre) subject property into the City of Springfield. The property is part of a small island of land that is surrounded by the City. It is within the UGB and is bordered by the City Limits to the north and west. The property contains a dwelling, built in 1929 and a barn. The property is planned and zoned for residential use (MDR/UF-I0). It will be developed with three duplexes, one on each of the three parcels, upon annexation. This level of development is consistent with the requirements of the MpR zone. The property is surrounded by existing or planned . urban level residential development on all sides. All services are existing and available to the property. ORS 199.462: Reasons the Proposed Boundary Change Should Be Made The annexation territory is surrounded by the City of Springfield and should be annexed and developed to urban uses in order to provide for an efficient land use pattern. It is currently developed with a one single-family residence. Annexation and construction of three duplexes on the property will create in-fill residential development, consistent with City policies. It will result in use of the lot that is more consistent with the surrounding urban development and will create a more efficient land use pattern. All services are available to the property. The 0.605 acres will be developed with six housing units and accommodate about 15 individuals. This development pattern provides for economic development in the area and creates more affordable housing, than :the current low density use. It results in more efficient energy utilization by concentrating urban uses within urban areas. It is consistent with the state land use planning goals and the Springfield Comprehensive Plan and Gateway Refmement Plan. ATTACHMENT 1 -10 Date: December 3, 2007 Subject: Planning Case No. LRP2007-00004 (Pickett) Request to annex 0.48 acres of tax lotted property and _ acres of right of way into the City of Springfield Request: An application for Annexation was submitted to the Springfield Planning Division on February 7, 2007, for property located at 2320 Laura Street on the west side of Laura Street north of Lindale Drive, within Springfield's UF-I 0 Urbanizable Fringe Overlay District. The applicant requests annexation in order to seek development of additional residential uses, consistent with the standards of the Medium Density Residential (MDR) zoning district. The proposed urban densities are not permitted in the Urbanizable Fringe Overlay District, thus annexation is required. Description: The proposed annexation territory, as described in the legal description which accompanies this request, includes Tax lot 2700, TI7S-R03W-S27-Map II and _ acres of adjacent Laura Street right of way. The subject territory is contiguous with the Springfield City Limits along its north and west boundaries and. contains one residence. Tax lot 2700 consists of a 0.48 acre parcel of land. Property Owners: L. Russell and Lea Pickett, 2320 Laura Street, Springfield, OR 97477. Zoning and Plan Designations: The annexation area is designated Medium Density Residential in the Eugene-Springfield Metropolitan Plan Diagram and is zoned Medium Density Residential (MDR). 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 approximately six housing units to accomodate approximately 15 residents, consistent with the standards of the Medium Density Residential . (MDR) 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. LRP2 00 7-00004 ATTACHMENT 2 - 1 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. Sanitary Sewer: An existing eight inch (8") diameter public sanitary sewer system is located near the centerline of Laura Street, across the frontage of the Property. This public sanitary sewer has the available capacity to serve the Property. The APPLICANT will be allowed to connect to this public sanitary sewer. Storm Water Management: An existing fifteen inch (15") diameter public stormwater management system is located near the centerline of Laura Street, across the frontage of the Property. This storm sewer flows from the north to the south, to a twenty-four inch (24") diameter storm sewer which discharges to a natural drainage way located approximately 540 feet south of the Property. The APPLICANT will be allowed to connect to this public stormwater management system, 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 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 rate. 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. Transportation Services: The Property has frontage on Laura Street, which is under the jurisdiction of Lane County. Along this frontage, Laura Street is not improved; however, approximately twenty feet (20') north of the north line of the Property, Laura Street is annexed and is fully improved with curb, gutter, pavement, sidewalks, and street lights. The annexation agreement requires the applicant to provide for the connection to the existing improved street which lies approximately twenty feet (20') north of the north line of the Property. The applicant is required to provide for the extension of said street from the connection point located approximately twenty feet (20') north of the north line of the Property and through the frontage of the Property. The applicant is required to improve Laura Street to an urban standard including curb, gutter, pavement, sidewalks, street lights, and street trees in accordance with the terms of the annexation agreement. Water Service: Springfield Utility Board (SUB) will provide water service to the subject property following annexation. An existing 10-inch line is located along the east side of laura 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 Station 5. Development of the LRP1007-00004 ATTACHMENT 2 - 2 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. 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, Laura Street will provide access to the subject property. 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 Guy Lee Elementary, Hamlin 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 are two parks located in the vicinity of the annexation area: Guy Lee Park, a a 7.68-acre sports park located at 890 Darlene Avenue, and Royal Delle, a 2.76-acre neighborhood park at 40 I Blackstone Street. Other nearby recreational opportunities include Harvest Landing and Robin Park and Gamebird Park. A complete listing of Willamalane'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. 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 communicatfon service in this area for and an array of wirel~ss companies provide a number of different communication services. The City has no exclusive franchise arrangements with telecommunication or wireless companies. The field is competitive and therefore guarantees a wide selection currently and upon annexation. LRP1007-00004 ATTACHMENT 2 - 3 LRP2007 -00004 Pickett City-wide view N w~, s .. Pickett ~UGB City streets - Arterial, major - Arterial, minor .. City Limits ~~ 0.4 0 0.4 0.8 Miles I I Ii -{, I I- r- I 1/ I-~~ !. 'I lc ' " ''''Nclm IT "-t1\Ji~ ,"r~ . : I C3 .... .1 '- b'f~ '<: >- i '- /'1"A ~\ ...... ~ . ~ I ~ t \ .uu , C3C-j, -l F-J '-J {J , I ~ ,( ! ,!::f' . I ~ i Subject Property WI!i Lr--, i __~~~j~ ..~. rtJ :,:1' I ~\ L j)/ t"J ~~ I ~'~~ /.~\ _ r; , ;r ~ II.RlOW. \, fi11' ':.....,,)LII r ; I )" ~ ..1./~ f-L.-J I-- 2c; - -'fIJ3 ~r \! ... , >- ~' II 1:J\".u I~t;: I I ! i ..!!"tI V rTlD"'.!! i.1 ' . !r- i i!~ ,\I QIl( I. I~ I ! \~ SH1Blcm ~IDfffl ~ II, I \~~i"'" ''IT': r~l\~ TIp,~~ I. ..-..-r~-.,:-:...~~':>~~ .. 1 ) :-~..... ,./:/ ___________. _________ .,..n ..._ ~~-=?~r~J-~iE...=,~----. . I ,_ ,// . /~:r I-F /CI.~rtf .. .. /u,: .i.._ IE/ \ 1- -g.\~tu~~-M v v" 1\ \ \ \ \-\:,~::jiTI rr- A ' D~J=1 I ~ \~~~...~"' ~ "-x "y!j:::..i-.~ ."/~,~W=-~~ > A ~\ l~l~ ,:~ 'RTFfmTrTrT .. iJ 111111"'lllri_l~. ..tll~ il ,f,rl 1111/11 I Ii, I 'E:::I::::Fi! ~I!' --..1.--.--... T r \ I 11"I~i.~'-J/r tji l ,,';;, ..~. ~. . ..: i~~~':~:-B!EDmtttj!. i=-,u . ~. ,~,-";;;;" ---~--~\ /,' T 1II1~ " " ...L.. 1m: lFf1:::JT - I.-Jo:'. .......- II \\'=!. i i"-<) I _i~.....u.'.""P-TI II,~ ! T \\ \~ . J io-V . ihliWr --l -r ~I ~i I/., '11'1 ". I-:--r I III' fTTl \\rQ.'.~'-.fFrA."i.'/'I+ T ,Hlr= ~.I I -11IT' .f':r2IT:r:r:rrnm. ~..., . .........'- ...~ I r '\Y ""r rl''1 i \ \ .' '. i ;Q: . ! L- i t;:1J.l.lSIIIl] .. I ~' I I I. II ..i '\,\. " 11 ..I:::t::: ~I 1 I ,tt~Wrru.l-ill'B~i ., II I ..-: " I~ I I::::L-J - I~ -:LLLIRI/II. ' '1P':'c-c",,~ . !id'l \\~ !- D SU~jectPrope~ ,. . 81 ....;iirm->~':l.. . ~ntf"'i] DTaxLols N m ~~-o=~J~)EmJBilN~L_W CityL~~ + ~ IlL mi:.L J I". ,-- ~r~!~/'~';'_~ . ~ 1<::."'--,:,--~~h..~~I~n~ArYlp,:---::.; ..I fI- ~.~ r ,bL HAl R~I .' ....r:jR' "\'\\\\ -.---- 1 II ~~J /I'. I r Rlt.JIIIJI]! '- _, ,. f _/--~ y) 400 0 400 800 1200 Feet t:J I II/hi ii, II/.-l !'II,!f--!_,-!= i j \~ - fJ., I{ '~"~ "<lD\l ~(A LRP2007 -00004 neighborhood view I , III -II J....1 ., ~ .Jx' III I I III ~\\ III II 1.-. ~ \---l - I "w ,.. : 111I I I I I - \"'t) \- \0 \Z \~ "~ \"'t) \~ \~ ~ \{t\ \~ \\ D Pickett UGB D Tax Lots city limits .. 40. 0 40 80 Feet. L- N + ANNEXATION AGREEMENT lbis Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and L. Russell Pickett and Lea L. Pickett ("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 Application Journal No. LRP2007- 00004, dated February 1,2007, for Assessor's Map No. 17-03-27-11, Lot 2700 ("Property"). C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation before the Boundary Commission or its successor. The Springfield Common Council has adopted Resolution No. _ supporting the annexation. D. The Property is currently designated as Medium Density Residential (MDR) on the Metro Plan and is zoned MDR (UF-10) according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be provided with the minimum level of key mban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.II-C-4, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City stafIhas determined the minimum level of key mban services is currently available to the Property with the exception of public sanitary sewer service, public stormwater management service, and street connectivity to adjoining property that fully meet City Standards. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility. for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key mban services, including long-term public sanitary sewer, stormwater, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division ANNEXATION AGREEMENT - Page 1 of 10 Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007-\LRP2007-o0004, Pickett Annexation\Pickett Annexation Agreement-kv 1. 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 eight inch (8") diameter public sanitary sewer system is located near the centerline of Laura Street, across the frontage of the Property. 1bis public sanitary sewer has the available capacity to serve the Property. The APPLICANT will be allowed to connect to this public sanitary sewer. 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 fmding that this key urban service is available to serve the Property. . An existing fifteen inch (IS") diameter public stormwater management system is located near the centerline of Laura Street, across the frontage of the Property. This storm sewer flows from the north to the south, to a twenty-four inch (24") diameter storm sewer which discharges to a natural drainage way located approximately 540 feet south of the Property. . The APPLICANT will be allowed to connect to this public stormwater management system, 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 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 rate. H. An interconnected transportation system with the existing and proposed land uses in the vicinity 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 Laura Street, whic,h is under the jurisdiction of Lane County. Along this frontage, Laura Street is not improved; however, approximately twenty feet (20') north of the north line of the Property, Laura Street is annexed and is fully improved with curb, gutter, pavement, sidewalks, and street lights. . The APPLICANT will be required to provide for the connection to the existing improved street which lies approximately twenty feet (20') north of the north line of the Property. The APPLICANT will be required to provide for the extension of said street from the connection point located approximately twenty feet (20') north of the north line of the Property and through the frontage of the Property. The APPLICANT will be required to improve Laura Street to an urban standard including curb, gutter, pavement, sidewalks, street lights, and street trees. 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 2 oflO Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-kv l.doc ATTACHMENT 4 - 2 Now, therefore based upop the foregoing Recitals, which are specifically made a part of this Agreement, the parties agiee as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above recitals and subject to the issuance of Partition and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. 1.1 I Apply for, and obtain, Partition Tentative Plan approval from the City, pursuant to Springfield Development Code Article 34, to Partition the Property within six (6) months of the effective date of the Boundary Commission's, or its successor's, approval of the APPLICANT's annexation request. 1bis paragraph is subject to the requirements of Paragraph 8, below. 1.2 Apply for, and obtain, Partition Plat approval from the City, pursuant to Springfield Development Code Article 34, for a Partition to the Property within two (2) years, unless extended by the City, of the date of the Limited Land Use Decision issued by the City for Partition Tentative Plan approval issued pursuant to Paragraph 1.1, above. 1bis paragraph is subject to the requirements of Paragraph 8, below. 1.3 Subject to Partition 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, develop on-site and off-site public sanitary.sewer conveyance systems to provide sanitary sewer service to the development as follows: 1.3.1 APPLICANT shall construct public sanitary sewer systems to connect to the existing eight inch (8") diameter public sanitary sewer in Laura Street. 1.3.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the sanitary sewer system 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 . 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 Partition Plat approval 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 ANNEXATION AGREEMENT - Page 3 of 10 . Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-kv1.doc ATTACHMENT 4 - 3 construction. APPLICANT is directed to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries (BOLl) 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 financial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.4 Subject to Partition 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 pnor to Occupancy Approval for any new structure on the Property, develop on-site and off-site public stormwater management systems to provide drainage service to the development as follows: 1.4.1 APPLICANT shall construct public stormwater management systems to collect, treat, convey, detain as deemed necessary, and discharge stormwater from the Property and the upstream tributary areas via an on- site engineered bioswale or mechanical fllter system and public drainage easement, and into the public stormwater lines, as described in Paragraph G of the Recitals of this Agreement. 1.4.2 APPLICANT shall prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the stormwater management system described in Paragraph 1.4.1, above. 1.4.3 Grant to the City the easements necessary to access, operate, and maintain a stormwater management system on the Property. Easements for piped portions 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 Partition 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. 1.45 Prior to or concurrent with Partition Plat approval or Public Improvement Plan approval by the City, whichever comes first, for any portion of the ANNEXATION AGREEMENT - Page 4 of 10 Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-kv1.doc ATTACHMENT 4 - 4 ~roperty, APPLICANT will provide financial security acceptable to the City ~or 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 (BOLD 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 financial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.5 Subject to Partition 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, develop 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 a fully-improved on-site public street system to provide for the logical and orderly extension of the following public streets: 1.5.1.1 Connection to and extension of Laura Street from the existing improved street, located approximately twenty feet (20') north of the north line of the Property, through the frontage of the Property. If Laura Street is improved on the east one-half of the Right-of-way, the APPLICANT will be responsible to construct a minimum of the west one-half, or eighteen feet (18'), width of pavement within the Right- of-way, and may be required to construct up to a 2/3, or twenty-four feet (24'), width of pavement to correspond with a full street width of thirty-six feet (36') from face of curb to face of curb. The limits and extent of the required improvements will be determined by the City, and will be shown on the Public Improvement Plans. APPLICANT will be required to provide for the construction of curb, gutter, pavement, sidewalk, street lights and street trees. 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 system described in Paragraph 1.5.1, above. 1.5.3 APPLICANT shall bear the full costand obligation to design and construct the proposed transportation system, 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. ANNEXATION AGREEMENT - Page 5 ofl0 Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-kvl.doc ATTACHMENT 4 - 5 1.5.4 Ep.or to or concurrent with Partition Plat approval or Public Improvement Plan approval by the City, whichever comes first, for any portion oftp.e 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 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 financial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.6 Provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Partition Tentative Plan and/or the Public Improvement Plans as necessary to serve the development of the Property, including the construction and maintenance thereof. 1.7 In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition ofland and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated .with the implementation of the needed improvements. 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Initiate and support annexation of the Property to the City before the Boundary Commission or its successor and support APPLICANT's defense of any appeal of a decision of the Boundary Commission, or its successor, annexing the Property to the City. However, the City will not assume any fmancial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making of the Partition Tentative Plan, Partition Plat, and Public Improvement Plan applications in accordance with City procedures for the development of the Property. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with Property and shall be binding upon the heirs, executors, assigns, administrators, and . successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. Tbis Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. Tbis Agreement maybe 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. . ANNEXATION AGREEMENT - Page 6 of10 Revision Date 11/06/07 V:\deveIopement review\DeveIopment Applications\2007\LRP2007-\LRP2007-00004, Pickett Annexation\Pickett Annexation Agreement-kv I.doc ATTACHMENT 4 - 6 - 4. Limitations on the 'Development. No portion of the Property shall be developed prior to the approval of a Partition Tentative Plan and Public Improvement Plans for the' sanitary sewer system, stormwat~r management system, and street improvements for the proposed development. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents 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, Lane County or the City and to waive all rights to remonstrate against these inlprovements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the key urban facilities and services as defined in the Metro Plan Policy 8a and 8b, p.ll -C-4 and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this 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 of Tigard (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 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 ANNEXATION AGREEMENT - Page 7 of 10 Revision Date 11/06/07 V;\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-k:v 1. doc ATTACHMENT 4 - 7 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 shall be deemed unenforceable or invalid, such enforceabilitY or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. 12. Compliance With lIB 2140. .In accordance with House Bill 2140, the APPLICANT acknowledges that 25 percent or more of the square footage of this PROJECT as completed will be occupied or used by a public agency and that, accordingly this PROJECT is "public works" within the meaning ofORS 297C.800(6)(a)(C). The APPLICANT will require, as a condition of any contract for construction, that the specifications for such contract shall contain a provision; A. complying with the provisions of ORS 279C.830, with respect to the payment of the prevailing rate of wage; B. requiring that each arid every contractor or subcontractor shall ~le such bonds as may be required under ORS 279C.836; C. requiring that any contractor or subcontractor shall comply with each and every provision of ORS279C.800 - 870, with respect to such PROJECT. Any and all cost estimates shall be prepared on the basis of prevailing rates of wage. If the Commissioner of the Bureau of Labor and Industries shall have, pursuant to Section 44(2) of chapter xxx of Laws, 2007, as en,acted by House Bill 2140, divided the PROJECT into 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 comririssioner shall have determined to be "public works". ANNEXATION AGREEMENT - Page 8 of 10 Revision Date 11/06/07 V:\developement reviewIDevelopment Applications\2007\LRP2007-\LRP2007-00004, Pickett Annexation\Pickett Annexation , Agreement-kvLdoc ATTACHMENT 4 - 8 .- DATED this _ day of ,2007. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT L. Russell Pickett (OWNER) Lea E. Pickett (OWNER) STATE OF OREGON COUNTY OF Lane } ss BE IT REMEMBERED that on this day of ,200_ before me, the undersigned, a notary public in and for said County and State, personally appeared the within named L. Russell Pickett and Lea E. Pickett whose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that L. Russell Pickett and Lea E. Pickett executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have 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 9 of 10 Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007 -\LRP2007 -00004, Pickett Annexation\Pickett Annexation Agreement-kvl.doc ATTACHMENT 4 - 9 CITY OF SPRINGFIELD By: Gino Grimaldi, City Manager } 88 STATE OF OREGON COUNTYOF LANE BE IT REMEMBERED that on this day.of ,200 before me, the undersigned, a notary public in and for said County and State, personally. appeared the within mimed Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and who by m~ duly sworn, did say that he is the City Manager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said. municipal corporation, and that the seal affixed to said instrument 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 WHEREOF, I have 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 10 of 10 Revision Date 11/06/07 V:\developement review\Development Applications\2007\LRP2007-\LRP2007-00004, Pickett Annexation\Pickett Annexation Agreement-lev l.docs ATTACHMENT 4 -10 EXHIBIT A PICKETT ANNEXATION DESCRIPTION (Current Map and Lot: 17-03-27-11-02700) Beginning at a point 390 feet South along the centerline of Laura Street (County Road No.3) from the Jacob Halstead, Donation Land Claim No. 47, in Section 22, Township 17 South, Range 3 West of the Willamette Meridian, said point is on the current city limits line; thence leaving the centerline and along the city limits line Westerly 25 feet to a point on the Westerly right of way of Laura Street; thence Southerly along the Westerly right of way of Laura Street which is the current city limits line, 14 feet, more or less to the Northeast corner of a tract of land described in a deed from Harlan E. Carter and HelenV. Carter to L. Russell Pickett and Lea E. Pickett, recorded for public record August 6, 1964 in Reel 2480 at Reception 66995, Lane County Official Records in Lane County, Oregon . (current tax lot 17-03-27-11-02700); thence leaving the Westerly Laura Street right of way and along the boundary of last said tract which is also the curr~nt city limits line West 223 feet (deed record); thence continuing along said boundary and city limits line South 101 feet (deed record); thence leaving the city limits line and along the tract boundary East 223 feet (deed record) to a point on the westerly right of way of Laura Street; thence crossing Laura Street, East 55 feet to a point on the Easterly right of way, said point is 30 feet East of the centerline and on the current city limits line; thence along the Easterly right of way line of Laura street and the current city limits line Northerly 115 feet, more or less, to a angle point in the city limits line; thence leaving the Easterly right of way line of Laura Street and along the current city limits line Easterly 30 feet to the centerline which is the point of beginning. ATTACHMENT 4 -11 EXHIBIT B ~ ~~N~ 0::..,0.. .Je-llll ~ e >- .o~ ~~ l~ zCE u ~f5 . ffi~ 3:~m~ ~ci~t= i!':::iZiz~ 5~~5~ V1I.L.Co..oo:e: m i 10 ~;~ Jet,.. . iz 0.., ~~ N~ ~ .,. )1'1,. i2l7M :1, V1 -- ;~ll ;Ii . II . fL... . . i .~. -- Ii!.; g ~ .. .. :r~; I "- 0 "'~oJ I 61::11: !r J:E~ " ii: '0 lD ~ I "- 01;; ,l..., "'0:: "... ii:1Il Iii~ ..,::> 3:5 .. ii: e Iii .., 3: ~.. .., c VI ..YJ s=E;. ",'::l! ..... 1..' 2"~ '. 'ii! lD' ~:tt.. ~,~:~. " '. '. ,......,i'. ",f{I< ", m C! lD e-l -'" N lD ci lD N ... III ~ .', , ./. -f.. '. .. .rO' ., ~ d:'.-s:, ..'. ~~V"QG' ",A ~~~. "" ~..'" to>. " .',:r ". ~o a,}. ..", "~ .,..., -', "". '<C.~o,., ... " " " ' . , , ~ " '. '. ',',. ".. ~ '" " ", ", " ''', """, 't--b. " "..,'" '" '. '... '..', ... "'''. '\,,'... "'" ""'... " ',,- ...., ............. ....,. "- '''' '\'" ". " ... ...... " " " ...., "" "" ' " , ' " "', '" " .... ", "'" " "... . " . 8 "" "" ~'t ", ~~2 . " ~, " , """ ,'" " "'. .', ". ~, 'S ., " , '. .'. '. ~ u '" z fii ~ ,Ot'OS 3 .t~,so.o s s ATTACHMENT 4 -12