HomeMy WebLinkAboutItem 14 Annexation of Territory to the City of Springfield (Springfield Faith Center - Case Number LRP2006-00030)
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No:
Estimated Time:
December 3,2007
Regular Meeting
Development Services
Andy Limbir~h~
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1 0 minutes
AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
ITEM TITLE:
ACTION
REQUESTED:
ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD
(Springfield Faith Center - Case Number LRP2006-00030)
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
ISSUE
STATEMENT:
The property owner, International Church of the Foursquare Gospel, has requested annexation of a
4.13 acre parcel located at 600 Hayden Bridge Way. The site currently contains a :1:15,600 ff
church and parking lot. The purpose of the annexation is to facilitate a future building expansion
and to allow the existing church to connect with City sewer service. The legal description of the
property to be annexed is more particularly described in Attachment 1, Exhibit A.
In accordance with Springfield Development Code Article 6.030(2), the site already is (or can be)
served with a full suite of urban facilities and services, including but not limited to City utilities
and police and fire protection. Although the property is zoned residential, there are no existing or
proposed dwellings on the site that would generate demands for school, library, or park and
recreation services. There are three existing public sanitary sewer lines in the vicinity of the
subject site, thereby offering several options for extending a sewer service to the property. Because
the required City utilities are available but not immediately adjacent to the property lines, it is the
determination of Public Works staff that an Annexation Agreement is required for this request.
ATTACHMENTS: Attachment 1: Resolution and Exhibits
Attachment 2: Informational Attachment
Attachment 3: Draft Annexation Agreement
Attachment 4: Maps
Attachment 5: Submittal from Applicant
The City Council is authorized by ORS 199.490(2)(a)(A) to initiate annexation by the triple
majority method upon receiving consent in writing 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 representing more than half of the assessed value of all real property in the
territory proposed to be annexed. Consent from 100 percent of the property owners representing
100 percent of the assessed value of the property has been given. The site does not contain any
residential dwellings, and Lane County Elections advises there are no registered electors at the
subject property. With Council approval, this resolution will be forwarded to the Lane County
Local Government Boundary Commission (LCLGBC) for further consideration prior to the filing
deadline of December 31, 2007, and prior to the abolishment of the LCLGBC on July 1, 2008. 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.
DISCUSSION /
FINANCIAL
IMPACT:
The property to be annexed contains an existing church building and is located inside the Urban
Growth Boundary (UGB). The current City limits run along the eastern boundary of the site. The
applicant requests annexation in order to connect the existing church to City sewer and to facilitate
application for a future building expansion in accordance with the City's Site Plan Review process.
Lane County Assessor's records attribute an assessment value of $856,210 to the property.
However, religious institutions are exempt from property taxes.
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
WHEREAS, the City received a request to annex approximately 4.13 acres into the City of Springfield on November
22, 2006, said territory being described as follows:
Township 17 South, Range 3 West, Section 23, Map 34, Tax Lots 12600 and 12700 (commonly known as 600
Hayden Bridge Way, Springfield) as generally depicted and more particularly described in Exhibit A of this
Resolution.
WHEREAS, the territory proposed to be annexed 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)(a)(A) to initiate annexation upon receiving consent
in writing from a majority of the electors registered in the territory proposed to be annexed and written consent
from more than half of the owners of land in the territory 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;
WHEREAS, one hundred percent of the property owners of the territory signed a consent to annex (Exhibit B); and,
WHEREAS, there are no registered electors in the territory to be annexed (Exhibit C); and,
WHEREAS, the City Council is authorized by Springfield Development Code 6.070, 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 key level of urban facilities and services in an orderly and efficient manner as defmed in
the Eugene-Springfield Metro Area General Plan Policy 8, Page II-B-4, and where there will be a logical area and
time within which to deliver urban services and facilities; and,
WHEREAS, minimum level of key urban services and facilities are defined in the Eugene-Springfield Metro Area
General Plan, Page V-3 as sanitary sewer 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, communication 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 City storIIlwater and sanitary sewer services which are available within
public streets near the property; and,
WHEREAS provision of City stormwater and sanitary sewer services has been arranged through an Annexation
Agreement that has been negotiated with City staff and the property owner, as described in Attachment 2, Case
Number LRP2006-00030; and,
WHEREAS, an Annexation Agreement has been proposed for execution by the City of Springfield and the property
owner (International Church of the Foursquare Gospel operating as Springfield Faith Center) 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 and facilities/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 annexation request
to the Lane County Local Government Boundary Commission when an Annexation Agreement is entered into by the
City of Springfield and International Church of the Foursquare Gospel (Owner);
ATTACHMENT 1 - 1
NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD DOES RESOLYE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby recommend approval of the annexation of the
subject territory to the City by the Lane County Local Government Boundary Commission, Lane County, Oregon, said
territory being described as follows:
Township 17 South, Range 3 West, Section 23, Map 34, Tax Lots 12600 and 12700 (commonly known as 600
Hayden Bridge Way, Springfield) as generally depicted and 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 upon
execution of an Annexation Agreement as described in the recitals.
Section 4: The City Manager is hereby authorized to sign the Final Annexation Agreement which memorializes the
Owner's commitment, agreement and obligation to meet the City's requirements for provision of the minimum level of
key urban services and facilities.
Section 5: The City Manager shall forward this Resolution supporting the applicant's annexation request to the Lane
County Local Government Boundary Co'mmission.
i
ADOPTED by the Common Council of the City of Springfield this ~ day of December, 2007, by a vote of
for and against.
APPROVED by the Mayor of the City of Springfield this
day of December, 2007.
ATTEST:
Mayor
City Recorder
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ATTACHMENT 1 - 2
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Legal Description
Beginning at an iron pipe set 90 feet West and 600 feet North of a point 2,823.48 feet (42.78 chains) South of the
Northeast comer of the Jacob Halstead Donation Land Claim No. 47, Notification No. 3810, in Section 23,
Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon; thence South 010 01' IS"
East 90 feet to an iron pipe; thence North 890 53' West 31.5 feet to an iron pipe; thence South 000 01' IS" East
150.50 feet to an iron pipe; thence South 890 53' East 127.59 feet to a point on the West line of the William
Spencer Donation Land Claim Number 50 that is marked by an iron pipe; thence South 000 13' 30" West 319.50
feet along last said West line to a point on the north margin of Hayden Bridge Way as said margin is offset 40.00
feet northerly by perpendicular measurement from the centerline of said road; thence along said north margin of
Hayden Bridge Way, North 890 53' West 369.77 feet, more or less, to the Southeast comer of Lot 2, Block 6 of
"Royal Delle", as platted and recorded in Book 29 at Page 21 in the Plat Records of Lane County, State of Oregon;
thence North 000 01' IS" West along the East line of said Block 6 and its Northerly extension 560 feet to an iron
pipe; and thence South 890 53' East 275 feet returning to the point of beginning and containing 4.13 acres more or
less.
ATTACHMENT 1 - 3
EXHIBIT B
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 described.
in 1?e 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 arid should
therefore be considered by the Boundary Commission and, after study, a Final Order should be entered by the
BoUndary Commission. ", .., . ' .
Date .TIlly n, ?nnn
B Date July 6. 2006
'By Date
By Date
MAP# /7 - 03 ~..2-3 - sL} LOT# (J...t'- (!)t:J
MAP# (7 - () 3 - J-.3 - 3 <I LOT#- J).. 7 t5l)
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.
5
ATTACHMENT 1 - 4
VERI FICA liON OF PROPERTY OWNERS
. I have caused a search to be made of the assessment and taxation records, Lane County
Department of Assessment and Taxation (A&T), on 17-03-23-34-12600 and 17~03-23-34-12700.
Those records reflect that the International Church of the FourSquare Gospel are the owners
of record of the property identified by the tax lots described on the attached sheet. A&T is not
responsible for subsequent deed activity which may not yet be reflected on the A&T
computerized tax rolL
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Lane County Department of Assessment and Taxation
11/14/07
Date
I:\A TINFO\BusinessProcess\Annexations\Property Verification form. doc
6/27/07
ATTACHMENT 1 - 5
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PETITION FOR rtJ ANNEXATION TO DISTRICTS 0 FORMATION OF DrSTRICT
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TO THE COUNTY EUcr;ONS FILING OFFICE~ISTRlcr OF'y t--? "- d {;, . ec \ .j
PETITION I.D.
THIS IS A CITY I DISTRICT
PETITION. SIGNERS OF THIS
PAGE MUST BE REGISTERED
VOTERS IN LANE COUNTY ONLY.
~GNM.URji: DATE SIGNED PRINT NAME RESIDENCE ADDRESS MAP & TAX LOT PROP REG.
MOIDAYIYR. STREET. NUMBER & CITY OWNER OWNER
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CIRCULA TOR'S VERIFICATION
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THIS VERIFICATION MUST BE .
SIGNED BY THE CJRCULA, TOR
ANNEXATION TO DISTRICTS / FORMATION OF DISTRICT PETITION
I, (print circulator's name),J . ('!fA G::"r'c~ ........C,..;,. rL _ ,hereby verifY every person who signed
thi!l sheet did so in my presence a . I believe each erson is a registered voter in the city I district.
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FORM #2A
CERTIFICATION OF REGISTERED VOTERS
I hereby certify that ~ signatures on the attached petition are registered voters and reside in
the area described in the petition. These signatures represent not less than 50 percent of the registered voters
residing within the annexation or withdrawal area described in this petition.
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ATTACHMENT 1 - 7
7
Informational Attachment
For the proposed annexation of :f:4.13 acres of property located at 600 Hayden Bridge Way. The area is described
on Lane County Assessor's Map 17-03-23-34, TL 12600 & 12700. The legal description of the property follows:
Beginning at an iron pipe set 90 feet West and 600 feet North ofa point 2,823.48 feet (42.78 chains) South of the
Northeast comer of the Jacob Halstead Donation Land Claim No. 47, Notification No. 3810, in Section 23,
Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon; thence South 01001' IS"
East 90 feet to an iron pipe; thence North 890 53' West 31.5 feet to an iron pipe; thence South 000 01' IS" East
150.50 feet to an iron pipe; thence South 890 53' East 127.59 feet to a point on the West line of the William
Spencer Donation Land Claim Number 50 that is marked by an iron pipe; thence South 00013' 30" West 319.50
feet along last said West line to a point on the north margin of Hayden Bridge Way as said margin is offset 40.00
feet northerly by perpendicular measurement from the centerline of said road; thence along said north margin of
Hayden Bridge Way, North 890 53' West 369.77 feet, more or less, to the Southeast comer of Lot 2, Block 6 of
"Royal Delle", as platted and recorded in Book 29 at Page 21 in the Plat Records of Lane County, State of Oregon;
thence North 000 01'15" West along the East line of said Block 6 and its Northerly extension 560 feetto an iron
pipe; and thence South 890 53' East 275 feet returning to the point of beginning and containing 4.13 acres more or
less.
Zoning
The Low Density Residential (LDR) zoning of the subject property and existing use is consistent with the
Metropolitan Area General Plan (Metro Plan) and the City's Development Code. Churches are listed as a
Discretionary Use in the LDR District. A site review permit for the church was issued by Lane County in July,
1984 and upheld by the Lane County Hearings Official in September, 1984 (Case PA1315-84).
Sanitary Sewer 0
The existing church is not currently connected to the city sanitary sewer system. There are three possible
connection points for extension of sanitary sewer to the property: an existing public sanitary sewer line within
Blackstone Street northeast of the property; a public sanitary sewer line that extends south of Blackstone Street
roughly parallel with and about 80 feet offset from the east property line of the site; and a sanitary sewer line at the
intersection of Mint Meadow Way and Old Orchard Lane (approximately 500 feet east of the southeastern comer of
the site). The public sanitary sewer lines within and extending from Blackstone Street are located within the City
limits. However, extension of a sanitary sewer line from the intersection of Mint Meadow Way and Old Orchard
Lane would require approval of an extraterritorial extension along Hayden Bridge Way.
Solid Waste Management
The City and Sanipac have an exclusive franchise arrangement for garbage service inside the city limits. Upon
annexation, Sanipac will serve this property.
Water Service
Rainbow Water District is currently serving the site with water and will continue to do so until the July following
the completion of annexation, at which time SUB Water will be the provider. Water service to the property
originates from a 6-inch water main in Hayden Bridge Way.
Electric
SUB Electric is currently serving the site with power from an overhead line running north-south along the western
boundary of the site.
Fire and Life Safety
The Fire Marshal has reviewed the application and has determined that fIre and emergency services are available to
this property. The building has an existing fIre sprinkler system and there is a fIre hydrant at the southeast comer of
the site.
Police Protection
Upon annexation, the area will receive police protection from the City of Springfield. Police protection and
response to priority calls can be provided to this site upon annexation consistent with service protection throughout
ATTACHMENT 2 - 1
the city.
Parks and Recreation Programs
After annexation to the City of Springfield, the subject property will be within the Willamalane Park and
Recreation District boundary. City residents receive park and recreation services from the District. The District
operates two aquatic centers, a Community Center, an Adult Activity Center, and 31 parks containing a variety of
outdoor recreational amenities. There is one park currently located in the vicinity of the annexation area: Royal
Delle, a 2.76-acre neighborhood park at 401 Blackstone Street. Among other features, the park contains an open
play area, basketball court, playground, picnic shelter and tables, and night lighting. Other nearby recreational
opportunities include Harvest Landing and Page Park. A complete listing ofWillamalane's parks and programs can
be found on-line at www.Willamalane.org. or at 736-4044.
Although the site is zoned LDR, there are no occupied dwellings on the site and none are proposed. For this
reason, the property should not generate any additional demands for park and recreation facilities.
Land Use Controls
The City of Springfield Development Services Department has provided all planning and building functions for the
owners of the subject property. The City of Springfield Development Services Department will continue to provide
land use control for the site after the annexation.
Communication Facilities
Qwest and AT&T currently provide communications in the area for cable service and an array of wireless
companies provide 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.
Public Schools
Public School services are available through School District 19. Page Elementary School is located just to the east
of the subject property. As stated previously, the site does not contain any dwellings and should not generate any
additional demands on the school system.
Stormwater Control
Roof runoff is directed onto the site, and passes into a series of catch basins within the site parking lot. From the
catch basin system, stormwater infiltrates into a drywell. There are existing public stormwater facilities adjacent to
the site within Hayden Bridge Way. Any future development or redevelopment on this site will require appropriate
stormwater management techniques in accordance with City standards. Approval of an extraterritorial extension is
not required to extend private stormwater lines through unincorporated areas to serve the site.
ATTACHMENT 2 - 2
ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and International Church of the Foursquare Gospel
(Springfield Faith Center) ("APPLICANT").
RECITALS
A. APPLICANT owns the parcels 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 Gove ~ t Boundary
Commission, or its successor, ("Boundary Commission") folIo. . or boundary chan~e
processes.
C.
al No. LRP2006-
,ot 12600 and 12700
B. APPLICANT has submitted to the City an Annexation
00030, dated November 21,2006, for Assessor's M
("Property") .
eks support from the City for the
or. The Springfield Common
exation.
D. The Property is currently designated as
is zoned Low Density Residential (LDR
E. Annexation of the Prop
provided with the . ,
Plan Policy 8a and 8
the record of the proce
of key urb .
sanitary
City's -
facilitie
City'sre
sanitary se
seIVlces nece
tial (LDR) o~ the Metro Plan anq
Springfield Zoning Map.
under SDC 6.030(2) that the Property can be
facilities and services as defmed in the Metro
s .~ . g is supported by the substantial evidence in
Ion. City staff has determined the minimum level
ly avai a e to the Property with the exception of public
ose of this Agreement is to memorialize APPLICANT's and
t to the allocation of financial responsibility for public
. perty and other users of the facilities, sufficient to meet the
provision of key urban services, including long-term public
r, interconnected transportation systems, and Fire and Life Safety
affirmative City recommendation for the annexation request.
Mter Recording, Retu
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 9
ATTACHMENT 3 - 1
F. A public sanitary s~wer 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 Blackstone Street. An existing cleanout lies at the end of this existing
sanitary sewer, approximately 135 feet north of the north line of the Property. This
public sanitary sewer has the available capacity to serve the Property. However, the
eight inch (8") diameter public sanitary sewer lies on adjoining lands not owned by the
APPLICANT, and there is no evidence of an existing easement which can be used by
the APPLICANT to gain access to connect to the existing ei t inch (8") diameter
public sanitary sewer.
· Another existing six inch (6") diameter public sanitary ies near the northeast
comer of the Property. This six inch (6") diameter s er extends from the
above described existing eight inch (8") diameter s r in Blackstone Street
and an existing cleanout lies at the end of the s. er public sanitary
sewer, at approximately 255 feet from the ei . ublic sanitary
sewer. The six inch (6") diameter public parallel to the
east line of the Property, at a distance 0 0 feet e of said east line of
the Property. This six inch (6") diameter sewer has the available
capacity to serve the Property. wever, th h (6") diameter public sanitary
sewer lies on adjoining lands d by th LICANT, and there is no evidence
of an existing easement which by ill LICANT to gain access to
connect to the existing six inch ub anitary sewer.
· Another existing ei~t. ch (8") anitary sewer lies at the intersection
of Mint Meadow ld 0 ane, eing approximately 500 feet from the
southeasterly c . s eight inch (8") diameter sewer also has the
capacity to s r,the alignment for the sewer extension will be
partially locat Way, which is an unincorporated Lane County
public ri t-of-
G. A public
other
support
t system with sufficient capacity to serve the Property and
ses in the vicinity of the Property is also necessary to
key ban service is available to serve the Property.
stormwater m~agement system that is operated and maintained by
ated near the Property and has sufficient capacity to serve the
opment. There is an existing eighteen inch (18") diameter storm sewer
which 11 the approximate centerline of Hayden Bridge Way. This storm sewer
flows from the west to the east, to a storm sewer manhole near the southeast comer of
the Property, then continues to flow easterly via a twenty-four inch (24")diameter
storm sewer and into an existing forty eight inch (48") diameter storm sewer which
flows to the north and discharges into the McKenzie River, which is a water quality
limited watercourse. .
· The APPLICANT will be required to provide pre-treatment for 1 00% 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.
.
ANNEXATION AGREEMENT - Page 2 of9
ATTACHMENT 3 - 2
. Subject to l:!pproval by Lane County for connection to the existing public stormwater
management system, no other pubic stormwater improvements are necessary to support
annexation of the Property.
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 the south side along Hayden Bridge Way, which is fully
improved with curb and gutter, pavement, sidewalks, and street lights.
. No other public transportation system improvements are nece sary to support
annexation of the Property.
Now, therefore based upon the foregoing Redtals, which
Agreement, the parties agree as follows:
1. In order to. facilitate orderly development of the Property an
urban services that are satisfactory to the City and meet th
recommendation for annexation to the Boundary Co ' A . on or it
exchange for the obligations of the City set forth be PLICAN
requirements imposed on APPLICANT in this ent.
e full provision of key
itions for an affirmative
ssor, and in
I comply with all
Recitals and subject to the issuance of
LICANT agrees to perform the
1.1 approval, pursuant to Springfield
the City for the APPLICANT'S proposed addition'
d connection to the sanitary sewer on the Property within six
e date of the Boundary Commission's, or its successor's,
s annexation request. This paragraph is subject to the
h 8, below.
1.2 tain, Final Site Plan approval pursuant to Springfield Development
- , from the City for an addition to the existing building and connection
to the s sewer on 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 any Site Plan
Review approval issued pursuant to Paragraph 1.1, above. This paragraph is subject to
the requirements of Paragraph 8, below.
1.3 Subject to Site Plan Review approval, City Engineer approval of the requisite Public
Improvement Plans, Final Inspection, submittal and approval of the requi~ite 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:
ANNEXATION AGREEMENT - Page 3 of9
ATTACHMENT 3 - 3
1.3.1 In iQ.e event that APPLICANT is able to obtain a private easement to connect to
the existing six inch (6") dillIlleter public sanitary sewer which lies on adjoining
land to the east, APPLICANT shall provide a copy of said easement to City at
the time of Site Plan Review application. Furthermore, APPLICANT shall
construct a private sewer lateral from the Property to the existing six inch
sewer.
1.3.2 In the event that APPLICANT is able to obtain a private easement to connect to
the public sewer in Blackstone Street,. APPLICANT shall provide a copy of
said easement to City at the time of Site Plan Review a plication. Furthermore,
APPLICANT shall construct a public sanitary sewe nsion in Blackstone
Street and associated private sewer lateral from perty to the
aforementioned public sewer extension.
1.3.3 In the event that APPLICANT is unable
easements described above, APPLIC
Mint Meadow Way and Hayden B :
fthe private
blic sewer within
1.3.4
, permit applications, and other
. the permits and other approvals
tern described in Paragraph 1.3.1,
1.3.5
bligation to design and construct the
ewer systems that connect to the
ot limited to associated easements, engineering
es, legal costs, construction and inspection
-built Plans.
ent WI. Site Plan Review or Public Improvement Plan
ity, whichever comes fIrst, for any portion of the Property,
rovide fmancial security acceptable to the City for all costs
e above described public sanitary sewer system. construction.
T is directed to Paragraph 12 of this Agreement concerning current
ts in relation to regulations of the Bureau of Labor and Industries
d the payment of prevailing rate of wage. The cost of all
ction to be completed which the City interprets as being occupied or
us d by a public agency shall be estimated based upon the prevailing rate of
wage, and fmancial security shall be adequate to provide for the payment of
said prevailing rate of wage.
1.4 Provide and be financially responsible for the provision of any additional urban
facilities and services identifIed during the review and approval of the Site Plan
Review and/or the Public Improvement Plans as necessary to serve the development of
the Property, including the construction and maintenance thereof.
1.5 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
ANNEXATION AGREEMENT - Page 4 of9
ATTACHMENT 3 - 4
construction shall be used. For the purposes of this Agreement, the full cost shall
include design, construction, acquisition of land 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, anne~ing the Property to the
City. However, the City will not assume any financial res ~ ility to provide legal
counsel on appeal. .
2.2 Conduct the timely review and decision making of th
Plan, and Public Improvement Plan, if any, applica
procedures for the development of the Property
3. Covenants Running With the Land. It is the inte covenants herein
are necessary for the annexation and developme and as ch shall run with
the Property and shall be binding upon the heirs, signs, administrators, and
successors of the parties hereto, and shal be cons a benefit to and burden upon the
Property. This Agreement shall be re at APP T's expense, upon its execution in
the Lane County Deeds and Records. ment e assigned by APPLICANT and
shall benefit any assigns or successors P T. Execution of this
Agreement is a precondition to the supp annexation of the Property described
in Exhibit A to the City. -. ly, all rights for enforcement of this
Agreement.
Limitations on the D
approval of a Final Sit
any, for the
rti .... f the Property shall be developed prior to the
...
rovement Plans for the sanitary sewer system, if
4.
5. ~. PLICANT sh~l endea~or to mutually cooperate with each
VarIOUS matters contained herem.
6. Waiver of nstrance. APPLICANT agrees to sign any and all waivers, petitions,
consents and ocuments necessary to obtain the public facilities and services
described here enefiting the Property, under any Improvement Act or proceeding of the
State of Oregon, ane County or the City and to waive all rights to remonstrate against these
improvements. APPLICANT does not waive the right to protest the amount or manner of
spreading the 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 riot 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 minimum level of key
ANNEXATION AGREEMENT - Page 5 of9
ATTACHMENT 3 - 5
urban facilities and_services as defmed in the Metro Plan Policy 8a and 8b, p.II-C-4and 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 the Property. Nothing herein shall be construed as the 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.
10.
9. Dolan. APPLICANT knows and understands its rights under D
U.S. _ 114 S. Ct. 2309, 1994) and by entering into this Agr:
requirement that the City demonstrate the public improve
APPLICANT, for payments, fmancial responsibility
1, required herein, are roughly proportional to the b
facilities and services by the development and to
Property. APPLICANT further waives any ca
City of Tigard and cases interpreting the legal e
described herein.
11.
12.
Ballot Measure 37. APPLICANT kno
Oregon Revised Statutes (ORS) Chapt
November 2, 2004. APPLICANT for it
and successors hereby wai laim
provisions against the
rights it may have under
allot Measure 37 passed
executors, assigns, administrators
of a IOn it may have under such ORS '
Invalidity. If any pr
enforceability or inval
of this Agre
rights an
theS
shall be deemed unenforceable or invalid, such
e enforceability or validity of any other provision
, me g, enforceability, and effect of the Agreement and the
s hereto shall be determined in accordance with the laws of
Com Ii
acknowled
will be occup
works" within
. In accordance with House Bill 2140, the APPLICANT
cent or more of the square footage of this PROJECT as completed
by a public agency and that, accordingly this PROJECT is "public
earring 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 ofORS 279C.830, with respect to the payment of the
prevailing rate of wage; ,
B. requiring that each and every contractor or subcontractor shall file such bonds as may
be required under ORS 279C.836;
C. requiring that any contractor or subcontractor shall comply with each and every
ANNEXATION AGREEMENT - Page 6 of 9
ATTACHMENT 3 - 6
provision ofORS279C.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 enacted by House Bill 2140, divided the
PROJECT to separate the part that are public works from the parts of the PROJECT that
are not public works, the foregoing provisions shall apply only to that portion of the
PROJECT that the Commissioner shall have determined to be "public works".
ANNEXATION AGREEMENT - Page 7 of9
ATTACHMENT 3 - 7
-
DATED this _ day of
, 2007.
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreementas of the date
first herein above written.
APPLICANT
STA TE OF OREGON
COUNTY OF LANE
International Church
(Springfield Faith
(TITLE
Foursquare Gospel
(SEAL)
} ss
BE IT REMEMBERED that on this
undersigned, a notary public in and for sai
named
whose identity was proved to me
. say that is/are the
of the within named Corpor
said Corporation, and that ill
and that said instrument was s
of Directors
,2007 before me, the
ersonally appeared the within
e said instrument to be the free act and deed of
. said . ent is the Corporate seal of said Corporation,
ehalf of said Corporation by autho~ty of its Board
IN TESTIMO
year last above
eunto set my hand and affixed my official seal the day and
Notary Public for Oregon
My Commission Expires
ANNEXATION AGREEMENT - Page 8 of9
ATTACHMENT 3 - 8
CITY OF SPRINGFIELD_
By:
Gino Grimaldi, City Manager.
STATE OF OREGON
COUNTY OF LANE
} ss
BE IT REMEMBERED that on this
2007, before me, the undersigned, a notary public in
appeared the within named Gino Grimaldi whos
satisfactory evidence and who by me ,duly sworn, did
named municipal corporation and does acknowledge s
said mUnicipal corporation, and that the seal lxed to s
municipal corporation, and that said ins signe
corporation by authority of its Common Co
day of ,
d State, personally
e on the basis Qf
e City ager of the within
nt to be the free act and deed of
ent is the Corporate seal of said
sealed in behalf of said municipal
IN TESTIMONY WHEREOF, I have hereunt
year last above written.
affixed my official seal the day and
NOTARY PUBLIC FOR OREGON
MY COMMISSION ExpIRES
ANNEXATION AGREEMENT - Page 9 of9
ATTACHMENT 3 - 9
EXHIBIT A
Beginning at an iron pipe set 90 feet West and 600 feet North ofa point 2,823.48 feet (42.78 chains)
South of the Northeast comer of the Jacob Halstead Donation Land Claim No. 47, Notification No. 3810,
in Section 23, Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon;
thence South 01001' 15" East 90 feet to an iron pipe; thence North 890 53 ' West 31.5 feet to an iron pipe;
thence South 000 01' 15" East 150.50 feet to an iron pipe; thence South 89053' East 127.59 feet to a point
on the West line of the William Spencer Donation Land Claim Number 50 that is marked by an iron pipe;
thence South 00013' 30" West 319.50 feet along last said West line to a point on the north margin of
Hayden Bridge Way as said margin is offset 40.00 feet northerly by perpendicular measurement from the
centerline of said road; thence along said north margin of Hayden Bridge Way, North 890 53' West
369.77 feet, more or less, to the Southeast comer of Lot 2, Block 6 of "Royal Delle", as platted and
recorded in Book 29 at Page 21 in the Plat Records of Lane County, State of Oregon; thence North 000
01' 15" West along the East line of said Block 6 and its Northerly extension 560 feet to an iron pipe; and
thence South 890 53' East 275 feet returning to the point of beginning and containing 4.13 acres more or
less.
ATTACHMENT 3 -10
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CASE LRP2006-00030
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PROPOSED ANNEXATION OF 4.17 ACRES
600 HAYDEN BRIDGE WAY - MAP 17-03-23-34, TL 12600 & 12700
CASE LRP2006-00030 '
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ATTACHMENT 4 - 3
City of Springfield
Development Services Department
225 Fifth Street .
Springfield, OR 97477
Phone: (541) 726-3759
Fax: (541) 726-3689
SPRINGFIELD
Annexation Application
"1!".... ~Jlftl ...
Location of the Pro~ C- Dh 14 ~"..... ~ .I:ol;~S"- t Va ~
~/'t-(~~'...~ td ( t)F='e. Q7Y77..
ASsessor's Map(s) and Tax Lot(s) of the property in the request, (please indicate if.only a portion of a lot is
inchj.ded in the request ,and attach any additional map and lot numbers on a separate sheet of paper.)
Map # 11 - "3- .,.1 ~ -31 Lot # IJ.. t. t)D
Map # (7 -h 3 -.2 3 ., 3.y Lot # J ;l.?t::JC)
Map #
Lot #
Map #
Lot #
Area of Request
161. ~btf
,
Square Feet or
L( /' ~:}r
.If
Acres
Existing Use(s) of the Property (\ \u..~...J'LL
Proposed Use(s) of the Property -< d ). <7'<0._ -L C-h::d ~A l,.. I..t :14
"T/:'-' 5V?&A !.ML. _ ( YN~ 6Je(d EEl ';I{ aA.~)
(n I'J (:\ I{ ~ d ~.. L. e. 1--1 Cd ~ ". t".J ~~ . .
~;;/~. ~~ . _ Phone: 7~~~~ S7r'/SUJ
OwnerName(s)_ _~ OJJ~ ~ or-~. ;:Odi:SG_ _ __Ik
Address (9/0 W.. SUNseT- ~(J/~ Sc/I7E:. ;;J.PO;. Los Mfa~, C4- /,(/d~j,
Phone:
Applicant Name
.. Address
The undersigned aCknOWle~nformation in t~iS application in correct and accur~te.
Applicant Signature -., ..~ Date b - c:> --'r'9 <;;
July 6, 2006
1 a 10lJ
Date Accepted as Complete
ATTACHMENT 5 - 1
INFORMATION SHEET
LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
NORTH PLAZA LEVEL, PSB
99 E. Broadway, Suite 400
EUGENE, OREGON 97401
PHONE: 682-1425
5r't-~(lltl ~,~('~~
~oner's Name)
5f,,-~~4elrL .
, Ity)
, 'A-#-"! ::J}~-
The attached petition is for (annexation to) or (withdrawal from) the
~ ":yr{;~..p v\ (City) or (District)
PLEASE SUPPLY THE FOLLOWING INFORMATION REGARDING THE AREA TO BE ANNEXED OR
WITHDRAWN.
~M t\~~ B'N~e.;
(Ad ess) - -...
971-77 J~ -'-tf'lYf
(Zip) (Phone)
Estimated Population (at present):
c11 V1cL ~. I~ p~^- c4- MPlA-~ ~
U . .~ .
Number of Existing Residential Units:
Land Area: (~/I bb'f S1U~c~ff
Y\.M'\L
Square Miles
Is the area within a Domestic Water Supply District?
(Name)
Is the area with a Rural Frre Protection District?
(Name)
ANNEXATION TO CITIES OR WATER DISTRICTS ONLY
A.1f the property is entirely or substantially undeveloped, what are the plans for future development? .
(Be specific-if site or development plans have been prepared, please submit a copy)
B. Can the proposed development be achieved under current county zoning?
YesL No
If no, has a zone change been sought from the county either formally or informally for the property under con-
sideration? Yes No
9
ATTACHMENT 5 -.2
Please describe outcc;>me of zo~e ehange reque,st if answer to the proceeding question is "Yes."
ALL PROPOSALS ' . ,
A. noes this proposal. inc~ude all contiguous property under the same ownership? ~
If not, are you in the process of a major_or minor ~ partition? '
- '
'_(No)
If you are not in the process of a subdivision, please State your reasons for not including entire ownership.
B. ORS 199.462 of the Boundary Commission Act states: "When receiving a boun,dary change, a boundary com-
mission shall consider economic, demographic and sociological projections pertinent to the proposal, and past and
prospective physical developments of land that would directly or indirectly be affected by the proposed boundary
change." Considering these points, please provide the reasons the proposed boundary chan!!:e should be made.
Please be very specific. Attach additional page ifnecessary.
tVf_ f~~ ~(I--d ~ ,ho-C.J kc,({~ ~..r1
"/,)rc>e L~-.<"'"oL c::hrd ~.i;-U~ ~ r~ tO~JO~d(
l--Ot! -f'\e.t!le\. ~ ~~ ~ ~ CJ~_ .
C. Names of Persons to Whom Staff Notes and Notices Shall be Sent
, ' t'
S ~ '/'-/8~Ct<dU }~.J~~~ 94r4:::r;~
(Nm4) ) / 1 . (J (Name)
, ,(b bD c;t=lS ~ , rL~ .8 ..)...1 c::U!- '
(Address) 7, f (Address)
~ pt-i'l1<[ i!r"~{c:J- Y7~ /7
(City) / (Zip) (City)
(Zip) ,
(Name)
(Address)
(Name)
(Address)
(City)
(Zip)
(City)
(Zip)
10
ATTACHMENT 5 -3
November 16, 2006
To the City of Springfield and the Lane County Boundary
Commissiion.
My name is Jim Eschenbacher and I represent Springfield
Faith Center. We have applied for annexation into the city of
Springfield an4 here is the explanation of our proposal.
1. The property is located at 600 Hayden Bridge Rd. It is
app.roximately 4.17 acres. The property is currently used as a
church and we plan to continue that.
2. We have been told by the city of Springfi.eld that we will
need to hook up to the sewer system if we do any
improvements to the property.
3. We are located in a residential community and function as a
church with a conditional use agreement.
4. We are a functioning church and have been since 1984. We
are looking at possibly adding some square footage to the
building in the future.
5. The property is not in the wetlands and is a flat lot.
..... ~. Thank you .
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" Jim Eschenbacher
ATTACHMENT 5 - 4
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PETITION FOR r:lJ ANNEXATION TO DISTRICTS 0 FoRMATION OF D~STRICT
00 . SIGNATURE SHEET
TO THE COUNTY ELECTIONS FlLlNG OFFICE~lSTRICT OF 'y 1---::- "- U {;' \ . e \.~
PETITION I.D.
THIS IS A CITY / DISTRICT
PETITION. SIGNERS OF THIS
PAGE MUST BE REGISTERED
VOTERS IN LANE COUNTY ONLY.
~GN~~~ DATE SIGNED PRINT NAME RESIDENCE ADDRESS MAP & TAX LOT PROP REG.
~~O/DA VIVR. . STREET. NUMBER" CITY OWNER OWNER
1. ~ Y~04A Q, I 7/6/06 ~U"Ret BI"\! t 7 -03 ",;}.3 '3'(" /.z.'- DC
. Tim J. Ba'skin Asst SE' c 1910 W ~:7-t"',.~'2.3'-J'Y J 'l .,~^
~/J '-?l L 1 Ste~ :LUU
~'llo.. t'/l ~ -7/06/06 Lvnda J. Guuton Asst. ( on. os Anaelea .CA q( 026 l ('
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19. . .
CIRCULATOR'S VERIFICATION
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THIS VERIFICATION MUST BE
SIGNED BY THE CIRCULATOR
ANNEXATION TO DISTRICTS / FORMATION OF DISTRICT PETITION
I, (print cir~ulator's name) -J r'''.A G::",- Ch....... .. . '--= ~ L:w... _ , hereby verifY every person who signed
this sheet dId so in my presence a .1 believe each ersois a registered voter in the city / district.
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SIGNATURE OF CIRCULA TO
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SHEET NUMBER
CIRCULATOR'S ADDRESS (stret ity andzip code)
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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 described
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 Boundary Commission and, after study, a final Order should be entered by the
Boundary Commission.' .. '
Date .Tnly fl. ?OO,;
B Date July 6. 2006
'By Date
By Date
MAP# /7 - ~3 ~..2.3 - s'1 LOT# (;J..f- e;o
MAP# (1 - () 3 -)-3 - 3'f LOT#- J).. 7 6l)
With the above signature, I am verifying that Ihave the authority.to
consent to the annexation on my own behalf or on behalf of my firm,
agency or trust. :
5 ,
ATTACHMENT 5 - 6
VERI FICA liON OF PROPERTY OWNERS
I have caused a search to be made of the assessment and taxation records, Lane County
Department of Assessment and Taxation (A&T), on 17-03-23-34-12600 and 17-03-23-34-12700.
Those records reflect that the International Church of the FourSquare Gospel are the owners
of record of the property identified by the tax lots described on the attached sheet. A&T is not
responsible for subsequent deed' activity which may not yet be reflected on the A&T
computerized tax roll.
. t:2kJ ~dA-Iu-'
Lane County Department of Assessment and Taxation
11/14/07
Date
I:\A TINFO\BusinessProcess\Annexations\Property Verification form.doc
6/27/07
ATTACHMENT 5 - 7