HomeMy WebLinkAboutItem 13 Annexation of Territory to the City of Springfield (Pickett, Case Number LRP2007-00004)
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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ATTACHMENT 4 -12