HomeMy WebLinkAboutItem 07 Rainbow Water District Withdrawal EC SP 07-60, Journal Number LRP2006-00007 (Trotter)
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No:
Estimated Time:
March 17,2008
Regular Meeting
Development Services
JllnDonov~n-~
726-3660 -~
Consent Calendar
AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
ITEM TITLE:
RAINBOW WATER DISTRICT WITHDRAWAL EC SP 07-60, JOURNAL
NUMBER LRP2006-00007 (TROTTER)
ACTION
REQUESTED:
The City Council is requested to conduct a second reading and adopt/not adopt the
attached ordinance: AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY
KNOWN AS TROTTER LOCATED IN WEST SPRINGFIELD, EAST OF ANDERSON
LANE AND SOUTH OF KELLO(}G ROAD AND INVOLVING APPROXIMA TEL Y 0.45
ACRES IDENTIFIED AS TAX LOT 600 T17S R03W S33 MAP 11; HERETOFORE
ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER
DISTRICT.
ISSUE
STATEMENT:
Oregon Revised Statutes (ORS 222.520) require that territory located in the
Rainbow Water District, which is annexed to the City of Springfield, be withdrawn
from that district to prevent double taxation. ORS requires withdrawal prior to ,
March 31 st of each calendar year. The owner requested annexation in order to
develop the property for urban use. The subject property was annexed to the City of
Springfield effective on December 4, 2007.
ATTACHMENTS:
Attachment 1: Ordinance with Legal Description and Maps, Boundary Commission
Staff Report, City Council Resolution and Notices of Annexation Adoption
DISCUSSION!
FINANCIAL
IMPACT:
Legal notice was published in the Springfield News as required by ORS 222.520
and notices were posted in four public places. City Council conducted a public
hearing and first reading of the ordinance on March 10,2008.
.,
ORDINANCE NO.
(Special)
AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY KNOWN AS TROTTER
LOCATED IN WEST SPRINGFIELD, EAST OF ANDERSON LANE AND SOUTH OF KELLOGG
ROAD AND INVOLVING APPROXIMATELY 0.45 ACRES IDENTIFIED AS TAX LOT 600 T17S
R03W S33 MAP 11; HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
WHEREAS, certain real property described below was annexed to the City of Springfield
by order of Lane County Local Government Boundary Commission under Boundary Commission
Number File EC SP 07-60, effective 12/04/07, as . recommended in City Planning File No.
LRP2006-00007 and supported by City Council Resolution No. 07- 36 (and further described in
Exhibit A & B), and
WHEREAS, the property to be withdrawn is located within the boundaries of the Rainbow
Water District, and
WHEREAS, the City of Springfield Common Council held a public hearing and first reading
in the Springfield City Council Chambers on March 10, 2008, and a second reading and adoption
on March 17, 2008, in accordance with ORS 222.524, for the purpose of hearing any objections to
the withdrawal of the property from the public service district mentioned and there having been no
objections raised.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby determine that the
real property described should be in the best interest of the City of Springfield withdrawn from the
Rainbow Water District in Lane County, Oregon, insofar as the property is located therein.
Section 2: The Common Council of the City of Springfield does hereby determine that the
following described real property within the boundaries of the Rainbow Water District is and shall
be withdrawn from the Rainbow Water District in Lane County, Oregon, said property being
described as follows: Township 17South, Range 03West, Section 33 Map 11, Tax Lot 600; as
more particularly described in Exhibit B of this ordinance, Boundary Commission File Number EC
SP 07- 60.
ADOPTED by the Common Council of the City of Springfield this 17h day of March 2008,
by a vote of _ for and against.
APPROVED by the Mayor of the City of Springfield this 17th day of March 2008.
I
Mayor
ATTEST:
City Recorder
1" .-
~ ~.~'""' ~ ~~~
. '~T;.~'-.-lb~'~~~~'
ATTACHMENT 1 - 1
I
. -
I.~
, ...f.
/
i,
-.. .".i~ .
'~J. Exhibit A
. ~,~.. .
..
,
Beginning at a point 9.49 chains North of a s~one set in County Survey No. 673. for the
Northeast corner of a certain hal f acre tract; said stone being according to stlf\'ey '8.03 chains'
East ofa point 9.78 chains South of the Southeast comer of the Mahlnn H. Harlow Donation
Land Claim No. 57, inTownship 17 South, Range 3 West. WilIamette Meridian. and running
thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E. Campberr
. Donation Land Claim No. 59, thence South along said West line of Claim No. 59. 2.879 chains:
thence East 1.58 chains to the place of beginning. in Lane County. Oregon.
"'
....
. - .
.'
I'
"
ATTA~fB~r A
!
./
EXHIBIT A
P2
MAP No.2 SITE MAP
Annexation to Springfield (Trotter)
ECSP07-60
~~~i
IT]
~lJTHER KING J
~j~~r
,
ANNEXA nON AREA
Includes 11. 600, 17-04-33 Map 11;
Owned by Betty Trotter
(EC SP 07 - 60)
Legend
.. Trotter property
D Tax Lots
UGB
city limits
III
250
I
o
250
500 Feet
LCLGBC Staff Analysis (Ee SP07 - 60)- November 26,2007
Page9of9 ATTACHMENT 1 - 3
)1/4 SEC. '33 T.17S. R.3W. W.M.
i LANE COUN1Y
SCALE ,. - , ocr
\~M~_"'I''''1.
1
II'
f
i
~
f._....... ,I., ~
! ~
c
.
+
II
!
r:;.
.ut'''' ",- "..
".'
I" . ,..r~"
"
1"1
jo
~z
~!~a ~
.e:(
.;:
11.:1:
~
:x:
,.. IT....... II .u.,.- "'.,.....
,: ..,-,,~____ ..1: ~
.. ~.A"..."..
C!I I .
r.~
LINE: TABI E'
.. - . ....... "
... - . ..... .
H ~ - ...-.
;: ) ... - . ."... .
. ... ..... ...-.
(()~9=(Q)O ... - . ..... .
.. - -
... - . ..... .
.. - ...-. ::l
... - . ..... . ;1j
... - ...-.
... ..... I ..... . 1"1
... - I .... . 0
... -- I ....... . ....
... - I ...... E -
... a~ I IP1IW" C ~
w -
... -. I ....... C
... ..... . II'Wr . W
... ft... I ........ . LAI
III
SEE MAP 17 OJ 28 -4
!
i-'"
---
~I
I i!
~
I ~
i
I I;
l
..
I
I
I
I
I
I
, f
I
I I
I
~
....
.:ZP .'
....-.. r
-~...
""...
800
. \.
.of
. ~
..
o .
ca
....IM"
~.
i
c
~I
I
~
~
qa.. i
. I
i .
;
I
~ IU Z
i I 12
~... .' . ~l
~.I
II: ; 915 'W
1"'-- lIt7 ~ a
- z
I 13
15 <tl
"
c; I '.
j .
~...."
I -:J;'
I I
SEE WAf' 17 03 33 14- ATTA ~~NT
EXtf1B~3 ~.J 1 f3
NAD 83/91
,...".... .
-..-. MIl ,.
-"-,:,-:;-.' '...........,.. ~r
I ~ I,
1
I '
. __ 28~7 Il. Y:!';: !.',.....
-;-.r-...-r ~-+
33 34 J
CNCD.LED
4QQ
701
lOCI
!IQZ
147
..-....
o.
100
2.55 ~
SUBJECT
--.. ..- -
SITE
r...
,I!.....I".. - .1':
""..~.. &
\ .. d.I';" ........
J ..r..~
1J- 4
1 7 03 33, 11
EXHIBIT B - P1
egon
LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
99 East Broadway
Suite 400
Eugene, OR 97401-3111
(541) 682-4425
FAX (541) 682-2635
November 26, 2007
TO:
SUBJECT:
Boundary Commission Members; Lan~ County Commissioners; Lane County
Land Management Division; Lane County Environmental Health Division; City of
Springfield; Willamalane Park and Recreation District; Rainbow Water and Fire
District; Betty Trotter; Gary Reed; and Doug Weber
Paula L Taylor, Executive OffiG~ I-~
EC SP 07 - 60 (Expedited Procedure)
ANNEXA nON OF TERRITORY TO THE CITY OF SPRINGFIElD
(Trotter)
FROM:
Enclosed is a copy of the staff analysis for this proposal. It is sent to you as required by ORS
199.466. Please read the analysis carefully. The proposal is recommended for approval without
a public hearing or further staff study.
There are two alternatives,:
1. If you agree with this recommendation, you need do nothing.
2. If you feel that a public hearing is needed, you must request, in writing by
December 4, 2007, that a hearing should be set. The request must be in the
commission's office by 5:00 p.m., December 4th.' You must use the form that is
. provIded at the end of the staff analysis to request a hearing. For units of
government, the form sl:Iould be signed by the chairman/mayor or other authorized
person. If you or your unit of government requests a public hearing, the boundary
commission asks that':you attend the requested public hearing. If a hearing is
requested, it will be set for the next available boundary commission public
hearing.
IF YOU HAVE ANY QUESTIONS REGARDlNG THE PROPOSAL OR PROCEDURE,
PLEASE CONTACT OUR OFFICE (541-682-4425).
Attachments
pr: LCBC: L:\BC\EXPlMEM0\2007\ECSP0760 MEM.DOC
Last Saved: November 26, 2007
ATTACHMENT 1 - 5
EXHIBIT B - P2
EXPEDITED PROCEDURE - STAFF ANALYSIS
LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
Annexation of Territory to the City of Springfield (Trotter)
1. BC File EC SP 07 - 60
Initiated by Resolution No. 07-36 and Resolution No. 07-46 by the City of Springfield
with consents from the owner
Action under ORS 199.466 and 1 99.490(2)(a)(A) of the boundary commission law
Received November 9, 2007
Public hearing requests by December 4, 2007
Description
The annexation area includes one tax lot located in west Springfield, south of Kellogg
Street, east of Anderson Lane, and west of Rayner A venue
Property owner: Betty Trotter (2941 Edgewatcr Dr, Eugene)
Tax lot: 600, TI7S R03W S33 Map 11
Acres: :t 0.45
Estimate of existing population: 3 (one single-family residence)
Existing land use: Residential
Existing zoning in Lane County: LDRlUF, low-density residential with urbanizing fringe
overlay . :
Applicable comprehensive plan: Eugene-Springfield Metropolitan Area General Plan
(acknowledged August 1982 and has been "subsequently amended)
~xisting public services to the property: Police (Oregon State Police, Lane County
Sheriff), schools (Springfield School District 19), roads (Lane County), water
(Rainbow Water and Fire District), fire (Rainbow Water and Fire District
contracting with the City of Springfield), parks (Willamalane Park and Recreation
District), wastewater (onsite individual wastewater system), electricity (SUB)
Reason for Annexation '.
The property owner requested annexation in order to prepare the annexation area for
additional residential development. The Eugene-Springfield Metropolitan Area General
Plan requires properties to annex in order to receive urban services.
This annexation proposal was filed with the boundary commission on November 9, 2007, in
accordance with ORS 199.490(2)(a)(A), initiated by the property owner, and ORS 199.466
(expedited procedure). No other privately owned properties are included in the annexation
request. The statutory requirement for consents from owners of more than one-half the land area
and assessed value is met.
ORS 199.466 authorizes approval of annexations without a public ~earing or adoption of a final
order if requested by the principal petitioner. Under the expedited procedure, the boundary
LCLGBC Staff Analysis (Ee SP 07 - 60) - November 26, 2007
Page 1 of9 ATTACHMENT 1 - 6
EXHIBIT B - P3
commission executive officer must prepare an analysis of the proposal within 15 days from its
receipt. If, after 25 days from the filing date (in this case, December 4th), no written objections
are received from direct recipients of this staff analysis, the request is approved. However, if any
direct recipient of this staff analysis does object, the proposal is scheduled for the next regular
boundary commission public hearing. Direct recipients are the individuals eligible to request a
public hearing and are listed below under the fIrSt boundary commission standard.
The proposed annexation area includes one full tax lot developed with one single-family
residence (refer to Maps No. 1 and 2). The owner of the property requested annexation in order
to prepare the property for additional residential development.
The annexation area is contigu~us to the main body of the City of Springfield and is in an area
totally surrounded by the Springfield city limits. It is located within the acknowledged urban
growth boundary (UGB), which is located about 600 feet to the south.
The existing zoning of the annexation area is LDRIUF-lO, low-density residential with
urbanizing fringe overlay, in Lan<;: County. It is designated low-density residential in the Eugene-
Springfield Metropolitan Area General Plan (Metro Plan). Upon the effective date of the
annexation, the annexation area will be automatically zoned LDR. The LDR zone is consistent
with the low-density residential plan designation.
Resolutions No. 07-36 and No. 07-46, unanimously approved by the Springfield city council on
July 16, 2007 and November 5, 2007, respectively, indicated that the annexation area can be
provided with key urban services and requested that the resolution be forwarded to the boundary
commission. The city council reviewed the Annexati,on Agreement between the city and the
property owner outlining the agreements between the "two parties for the provision of urban
services and financing responsibilities before supporting the annexation.
Following is a brief analysis of each of the boundary commission standards.
Provide an impartial forum for resolution of local jurisdictional questions. Consider the
effects of the boundary change on other units of governments. ORS 199.410(1)(b) and
199.410(3)(c)
This annexation request was filed in ac~ordance with provisions in ORS 199 and was determined
to be a valid filing in accordance with OAR 191-006 (adopted administrative rule on boundary
commission filing requirements). The petitioner requested the proposal be processed using the
expedited procedure.
This staff analysis was sent to the following direct recipients: Lane boundary commission
members, Lane County commissioners, Lane County Land Management Division, Lane County
Environmental Health Division, City of Springfield, Rainbow Water and Fire District,
Willamalane Park and Recreation District, Betty Trotter, Gary Reed, and Doug Weber.
LCLGBC Staff Analysis (EC SP rn - 60) - November 26, 2007
Page20f9 ATTACHMENT 1 - 7
EXHIBIT B - P4
The annexation area is within the Rainbow Water and Fire District. If the annexation is
approved, the annexation area will be withdrawn from the water district through separate
proceedings by the City of Springfield in accordance with ORS 222. Water service will be
provided by the Springfield Utility Board (SUB) on behalf of the City of Springfield. The
Rainbow Water and Fire District contracts with the City of Springfield for fIre services. If
annexation to the city occurs and the annexation area is withdrawn from the water district, the
City of Springfield will provide fIre services to the annexed area directly.
This annexation request is in the Willamalane Park and Recreation District. The City of
Springfield is a part of this special district and receives park and recreation services from the
district. Mter annexation to the city, the annexed property will remain in the park and recreation
district.
Upon the effective date of the annexation, the area will be annexed automatically into the Lane
County Metropolitan Wastewater Service District [ORS 199.51O(2)(c)]. This special district was
formed to provide the fInancing for the regional wastewater treatment plant serving wastewater
users within the cities of Eugene and Springfield and other users within the urbanizable area.
This request is consistent with this boundary commission standard.
Consider the orderly determination and adjustment of local government boundaries to best
meet the needs of Lane County and Oregon. Consider alternative solutions where
intergovernmental options are identified and make decisions based on the most effective long-
range option among identified alternatives. ORS 199.410(1), 199.410(2), and 199.410(3)(a)
and (e)
The annexation area is located within the acknowledged UGB of the Metro Plan and is
contiguous to the main body of the City of Springfield. Territory within the UGB ultimately will
be within the City of Springfield. Annexation of this property fulfills the policies adopted in the
Metro Plan of annexing out to the urban growth boundary.
The incremental process of annexation causes short-term boundaries to be established. The
acknowledged comprehensive plan i~ this area identifies the City of Springfield as the unit of
government, which will provide urban services to this urbanizable area within the UGB. In the
long term, territory within this geographic area will be annexed to Springfield.
This annexation is consistent with boundary commission administrative rule implementing
policies (1), (2), (5), and (7) which recognize annexation to an existing city as the preferred
method of servicing urbanizable land.
(1) This policy recognizes cities as the logical providers of urban levels of service
within urban growth boundaries when consistent with the comprehensive plan.
LCLGBC Staff Analysis (EC SP en - 60) - November 26, 2007
Page 3 of 9 A TT ACHMENT 1 - 8
EXHIBIT B - P5
(2) This policy expresses the commission's preference for providing urban services
through annexation to a city in order to provide urban services to urbanizable
lands.
(5) This policy encourages provision of urban levels of service within urban growth
boundaries.
(7) This policy expresses the commission's preference for annexation to an existing
city over all other alternatives as a means of extending services to urbanizable
lands.
hnplementing policy (3) recognizes that in order to meet the long-term objectives of annexing
out to an acknowledged UGB, short-term boundaries are created, which are logical within the
context of the future service boundary. The annexing property is In an area totally surrounded by
the Springfield city limits. Approval of this annexation will reduce the size of this islanded area.
This proposal to annex territory to the City of Springfield is consistent with boundary
commission policies and this standard.
Make boundary commission determinations, which are consistent with acknowledged local
comprehensive plans. Assure an adequate quality and quantity of public services required in
the comprehensive plan to meet existing and future growth. For major boundary changes,
there must be assurance that the proposed unit of government is financially viable. ORS
199.410(l)(d), 199.410(3)(b) and (d)
The annexation area is within the Metro Plan UGB. The Metro Plan was acknowledged by the
Land Conservation and Development Commission (LCDC) in August 1982 and has been
subsequently amended. The Metro Plan recognizes annexation as the highest priority for
extending the minimum range of urban services to urbanizable areas (policies #8 and #10, page-
ll-C-4) and recognizes that ultimately, all territory within the UGB will be annexed to an existing
city (policy #16, page D-C-5).
The annexation area is designated. as low-density residential in the Metro Plan. Upon the
effective date of the annexation, the private property will be automatically rezoned to LDR in the
city.
The annexation area wiIl take advantage of urban service delivery systems that are already in
place to serve this area. The following services are either available or can be extended to the
annexation area.
Water - The Rainbow Water and Fire District provides water service to developed properties in
this region of the urban growth boundary. Following annexation, the City of Springfield will
withdraw the property from the water district in accordance with ORS 222 and the SUB will
provide services directly to the annexation area. Springfield staff indicates that there is an
LCLGBC Staff Analysis (EC SP 07 - 60)- November 26, 2007
Page 4 of9 ATTACHMENT 1 - 9
EXHIBIT B - P6
existing 4-inch water line located in Anderson Lane that serves the existing house and can serve
new development within the annexation area.
Electricitv - SUB indicates that it provides electric service in this general Cifea and can provide
service to new development within the annexation area.
Police services - The Springfield police department can provide police protection to the area
after annexation without jeopardizing service in other parts of the city. Springfield police already
provide service to nearby properties within the city.
Fire and emergency services - Fire protection is currently provided by the Rainbow Water and
Fire District via a contract with the City of Springfield. The city will provide fIre protection
services directly to this site after annexation. SpringfIeld fire stations are located at 5th Street and
Moffitt and Pheasant A venue and Hayden Bridge Road. If the annexation is approved, the area
will be withdrawn from the water district by the City of Springfield in accordance with ORS 222.
Emergency medical transport (ambulance) services are provided on a regional basis by
SpringfIeld, Springfield, and Lane Rural Fire/Rescue to central Lane County. The annexation
area will continue to receive this service consistent with the adopted ambulance service area
(ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to
provide backup coverage for each other's jurisdictions.
Parks and recreation - The annexation area is within the Willamalane Park and Recreation
District and will remain in the district after it is annexed to Springfield. The district operates two
aquatic centers, a community center, an adult activity cen~er, and 31 parks containing a variety of
outdoor recreational amenities. The closest park to the' site is Volunteer Park located directly
across the street from the annexation area.
Schools - Springfield School District 19 serves this area. Existing schools-Centennial
elementary, Hamlin middle, and Springfield high-serve this neighborhood and can
accommodate students resulting from new development occurring within the annexation area.
Wastewater - Springfield planning staff indicates that the annexation area can be served from an
existing 8-inch wastewater main that":terminates at a manhole approximately 45 feet north of the
annexing tax lot. The existing system was not intended to serve the annexation area or lands to
the south due to its shallow construction. However, service can be provided to the annexing
property by allowing an interim connection to the manhole now with an agreement to connect to
the permanent wastewater extension to the south along Anderson Lane pursuant to the
Annexation Agreement between the city and the owner. The wastewater line will be extended to
.the southerly boundary of the annexation area and will serve only the annexing tax lot. No
service will be provided to areas outside the Springfield's city limits. The existing home will be
connected to the new wastewater line when it is extended during the partition process. An
application for the extraterritorial extension of the wastewater line is being processed
concurrently with this annexation request (refer to BC File EX S 07 - 61).
LCLGBC Staff Analysis (Ee SP rn - 60) - November 26, 2007
Page 5 of 9 A TT A C HM E N T 1 - 1 0
EXHIBIT B - P7
Stormwater - Springfield planning staff indicates that the existing public stormwater
management system nearest to the annexation area is located approximately 1,000 feet to the
south at Walnut Place. A new public stormwater system serving the site and surrounding
properties is planned to be constructed in Anderson Lane in the future. The property owner is
required to financially participate in the design and construction of the future line and conne~t to
the permanent system consistent with the Annexation Agreement. Onsite dry wells will be
required during the partition process to serve the annexation area until the permanent system is
available.
Streets - Access to the annexation area is from Anderson J-.ane~ Consistent with the Annexation
Agreement, the applicant will be required to sign an Improvement Agreement obligating the
owner(s) to pay a proportionate share of the costs to improve Anderson Lane to full city street
standards. The city engineer supports annexation of Anderson Lane when it is fully improved;
therefore, no existing right-of-way is included in the annexation request.
Solid waste management - Private firms and individuals collect and transport solid waste to the
Lane County administered landfill.
Communication facilities - Various providers offer both wire and wireless communication
services in the Springfield-Springfield metropolitan area. Existing providers and those entering
the market have the capability to provide service to this area.
Land use controls - The annexation area is within Springfield's portion of the urban growth
boundary. Through an intergovernmental agreement between Lane County and the City of
Springfiel~, the city already has planning and buildin~ jurisdiction for this property. The city
will continue to administer land use controls after annexation.
The minimum level of required services are either immediately available or can be provided
within a reasonable future time frame as needed. This request is consistent with boundary_
commission policies and this standard.
Consider the comprehensive plan's economic, demographic, and sociological trends and
projections and its environmental J1olicies, pertinent to the proposal. ORS 199.410(3)(d) and
199.462(1)
The annexation proposal is consistent with the Metro Plan, as It IS an incremental step in
implementing the long-range plan for this area. The UGB, land uses, and policies in the Metro
Plan were developed to meet the future needs of the metropolitan community. The proposed use
is consistent with the long-range plans for the area.
This proposed annexation is consistent with this boundary commission standard.
LCLGBC Staff Analysis (ECSP07-60)-November 26, 2007
Page 6 of9 ATTACHMENT 1 - 11
EXHIBIT B - P8
Recommendation
The boundary commission staff recommends that the proposed annexation to' the City of
Springfield (BC File EC SP 07 - 60) be approved without the hearing and staff report as required
by ORS 199.466.
If a public hearing is requested, the proposal will be heard at the next available boundary
commission public hearing. If none is requested it will be approved and effective December 4,
2007 (ORS'199.466 and ORS 199.519).
###
Sign and return this form to the boundary commission office ONLY if you desire that a public'
hearing be held. Office: 99 East Broadway, Suite 400, Eugene, Oregon 97401-3111
Pursuant to ORS 199.466, I REQUEST THAT A PUBUC HEARING and STAFF
STUDY be conducted on an annexation of territory to the City of Springfield (BC SP 07 - 60), as
required by ORS 199.461. This form must be filed in the commission office no later than 5:00
p.m., December 4. 2007.
Reason for public hearing:
Date
Signature
Title
Representing
Note: If you or your agency requests a public hearing, the commission asks that you attend the
requested hearing.
pt: LCBC: L:\BClEXP\2007\ECSP0760 SN.DOC
Last StIlled: November 26.2007
LCLGBC Staff Analysis (ECSP07-60)-November26, 2007
Page 7 of9 ATTACHMENT 1 - 12
EXHIBIT B - P9
MAP No.1 VICINlTY MAP
Annexation to Springfield (Trotter)
EC SP07 - 60
LCLGBC Staff Analysis (EC SP rn - 60) - November 26, 2007
Page 8 of 9 A TT A C H MEN T 1 - 1 3
EXHIBIT B - P10
MAP No.2 SITE MAP
Annexation to Springfield (Trotter)
EC SP 07 - 60
11~1
MJ:J2lIfHER KING J -
~~~.
,
ANNEXATION AREA
Includes TL 600, 17-04-33 Map 11;
Owned by Betty Trotter
. (ECSP07-60)
Legend
.. Trotter property
o Tax Lots
UGB
city limits
~
~
N
+
250
I
o
250
500 Feet
LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007
Page 9 of9 ATTACHMENT 1 - 14
~
EXHIBIT B ....;, P11
..
RESOLUTION NO 07-36
A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY
OF SPRINGFIELD INCLUDING EXTRA-TERRITORIAL EXTENSION OF SANITARY
SEWER SERVICE TO THE SUBJECT SITE AND REQUESTING THAT THE LANE
COUNTY LOCAL GOVERNMENT BOUNDARY CO:MMISSION APPROVE THE
ANNEXATION BY EXPEDITED PROCESS.
WHEREAS, the City received an application to annex 0.45 acres into the City of Springfield
from Betty Trotter, said territory being descnbed as follows:
Township 17 South, Range 3 West, Section 33, Map 11, Tax Lot 600, as more particularly
described and generally depicted in Exhibit A of this Resolution.
WHEREAS, the proposal includes an extra-territorial extension for extension of sanitary
sewer service to the subject site along and within the full right of way width of Anderson
Lanefro~ the south boundary of subject site to a point 50 feet nonh of the northerly
boundary, said territory being included in the property more particularly described and generally
depicted in Exhibit A of this Resolution; and,
WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban Qrowth
Boundary, and is adjacent to the City Limits; and
WHEREAS, the City Council is authorized by ORS 199.490(2)(a)(B) 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 owners of more than half the land in the territory proposed
to be annexed.; and, .
WHEREAS, the property owner of certain territOry signed a consent to annex (Exhibit B); and,
WHEREAS, no electors reside within the territory; and, ~
WHEREAS, the City Council is authorized by Springfield Development Code 6.070 and ORS
222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in
. the annexation prop~sal caD. be proJlided with the minimUin level of key urban facilities and
services in an orderly and efficient ip.anner as defined in Eugene-Springfield Metro Area General
Plan Policy 8, page IT-B-4; and whe~ 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 defined in the Eugene-Springfield
Metro Area General Plan, page V-3 as wastewater service, stormwater service, solid waste
management, water service, fire and emergency medical services, police protection, city-wide
parks and recreation programs, electric service, land use controls, communications facilities and
services, and public schools on a district-Wide basis can be provided; and
WHEREAS, an annexation agreement has been proposed for execution by the City of Springfield
and the applicant which will memorialize the applicant's and the City's commitment and
agreement to the allocation of financial responsibility for those long-term off-site public street,
ATTACHMENT 1 -15
~
i,
EXH'IBIT B - P12
storm water and sanitary services necessary to serve the property and to meet the City's
requirements for provision of the minimum level of key urban services; and
WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's
request for expedited processing to the Lane County Local Government Boundary Commission
when an annexation agreement is entered into by the City of Springfield and Betty Trotter; and
WHEREAS, the City supports the applicant's request for expedited Boundary Commission'
processing.
NOW TIIEREFORE BASED ON THE FOREGOING RECITALS, TIffi COMMON COUNCIL
OF TIffi CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section I: 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 territory being descn'bed as follows:
Township 17 South, Range 3 West, Section 33, Map II, Tax Lot 600, as more
particularly described and generally depicted 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: This Council recommendation is contingent upon the execution of an annexation
agreement satisfactory to the City of Springfield.
Section 4: The City Council recommends that the Bo~dary Commission expedite this
annexation.
Section 5: The City Manager shall forward this resolution supporting the applicant's request for
expedited processing to the Lane County Local Government Boundary Commission only upon
receipt of the of the executed annexation agreement, entered into by the City of Springfield and
the applicant.
ADOPTED by the Common Council of the City of Springfield this ..!L th day of July 2007 by a
vote of --6... for and JL against.
APPROVED by the Mayor of the City of Springfield this --.ll. th day of ~y 2007.
AITEST:
~~
City Record
Mayor
REVIEWED & APPROVED
M? TO FOR~
.....) t::l~.....'\ ~ \..~
DATE:~ b\
OFFICE OF CITY AT ORNEY
ATTACHMENT 1 - 16
RESOLUTION NO. 07-36
~~.~~_ -~~A~ __ r--....
. "
10
-:1 :.J~ .
':~~' Exhibit A
.. ;,~ '0 .
...
,
-
~
t:.XHltHI Ij - t"IJ
Beginning at a point 9.49 chains North of a stone set in County Survey No. 673. for the
Northeast corner of a certain half acre tract; said stone heing according 10 survey 18:03 chains
East of a point 9.78 chains South of the Southeast comer of the Mahlon l-L Hilrlow Donatio.n
Land Claim No. 57, in Township 17 South, Range 3 West. Willamette Meridian. and running
. thence North 2.879 chains; thence \:Vest 1.58 chains to the West line of the R.E. Campbell
Donation Land Claim No. 59, thence South along said West line of Claim No, 59. 2.879 chains;
thence East 1.58 chains to the place of beginning. in Lane County. Oregon.
.....
.'
I'
;.
ATTACHMENT 1 -17
C{firbT 8..
.;y-/ / A - 4C
...
" .
NE1 /4 SEC. 33 T.17S. R.3W. W.M.
LANE COUNlY
i!O-
i
~
i
lr
!'.--
c;:
f
SCAI..E 1. - 10a
SEE w,p 17 03 28 ..
Ii
~
\
i
..
..
t
...
-~...
MI...
..
EXH I B1l1f ~3-3B111
,.. Ir~ II.....,.. ".....1It
. .,.,,~.....,.. .~~
f ~."'''' -". .
III
~ ~ I
i .~. ~,~ _.... .I....67'"tI
"",~ ..... ~~ .
IUI.... I~', ..
NAD 83/91
~.r-..----:r
'........... -::. r
I :- I J
J
I '.
211 27 ." ~ .s..'" .f
. m -tl - 1- 1LC'o..,...1i
IIU iIII.. SI
--....- - .
33 34 J .
C.IICElUD
4QO
701
100
!ICI2
147
~.M~.M.I'''1.
f
II _~:
i Ii I
f I
~..._--. I
c I
i I
t j
~. /.
'''''_f'04'',"'_- ,I
. p..
.~" . ..., ".. I
I
I"? ~
1~ :~~
!~ j
II~ ~I
......
,"
.:.zr.."
.1- _
LINE: TABt F'
.. - . ....... 'lI
... - . ..... .
~~ u - ...-.
.. - . ..... .
.. .. - . ...... If
019=00 ... ..... . ..... .
... ....
.. - . ..... .
... ..... ...-. ~
... - . ..... . ....
... - ...-. ,.,
... - . ..... . ,.,
... - . ..... . Q
... - . ..... . ,..
.... - I ...... C -
yO u.... . IPDW' . ~
.... - -
... -. , ....... c
... ,.... . ...... . 1M
.... ...... . trft'M" I: 1M
111
. ,~..,
"" IW' '7 Il3 JJ 1A TTACHM~~1 ~1
I
~
~
r
I
I
Jo.1
I
I
I
-
10
'!'.!!.!'"
,
917 ~
13
15
,.
z
. ~l
'W
~O .
i ~ll
SUBJECT
-_. ... -
SITE
,..
I" "
. .
c of c ~c of
500
1~
'~1r.4',.. .. .~
~ ,-..,." ..
.~ d-._ .....
."........~
17 03 33
1 1
I, EXHftiIT B - P15
EXTRATERRITORIAL AREA
Beginning at the Southwest comer of Parcel 3 of Land Partition Plat 2003-P1699
recorded for public record at Reception No. 2003-084617 September 2,2003, Lane
County Deeds and records in Lane County, Oregon; thence Northerly along the East
Right of Way of Anderson Lane, 50 feet; thence leaving the East right of way line of
Anderson Lane at right angles thereto, Westerly 50 feet to the West right of way of
Anderson Lane; thence, thence Southerly along the West right of way of Anderson Lane,
240.01 feet; thence leaving the West right of way of Anderson Lane, at right angle
thereto, Easterly 50 feet to the Southwesterly com~r of that tract ofland described in a .
deed from West Coast Investment Group LLC to Betty Trotter recorded for public record
November 19,2004 at Reception No. 2004-089458, Lane County Deeds and Records in
Lane County, Oregon; thence along the Easterly riiht of way of Anderson Lane 109.01
fe~t to the point 6fbeginning, all in Lane County, Oregon.
ATTACHMENT 1 - 19
. i I
!
!
~~
EXHIBIT B - P16
-~...-
i
EXTRATERRITORIAL AREA
i/
:/
:1'
.,
,
,/
I.
,1
,
,
. ,
. -.'
": ..
. '.,
. .' . ,
":"',. I
'::' ';'..: ,
.. ,": "
~:. ~ .,
. .' . c';: ~ ,
. ... ,
. ." '~.',.,
:,'('.::: ,
:1.1 ~:t:~.'. ,/~;)
,1(1. i" ,
,J~L i 1
l' t..
\.' '?-f." I....'
'L'",:.'","
":,:.':.~i;' :',
.' .~~. ,
" . .'..,
.' .' I:',
: l';'~;~.~r'~~'1 ....
,:.:;- I
:.... :~I I.
';'" ,
, . ,
I
I
I
,
,
;.1
, f
I I
, ,
,. .
~.. .
z
....
Z
Q.
rn
II:
lU
~
<
I
,
I
,
I
I lU
.>
I <
I ffi
I ~
I a:
I
I
I
I
I
I I ! .
I 1 1_ ~
. ,- - - -OiAM'dNlTsi"
f
..........__ ..J
"
. ~. l.
-,
" i
i
f
I
i
,
I
....
i
i
i
.-
I
i
I
,
I
i
I
- StDnn Line
- - . Saritary Une
r--,
_ _ _ Within City Limits
r -:-~, Not Within City Umits
---
,.,.,,,,._ ...........a "'" _~' I#Ib prudJIcL
LRII_' all r~~'jIr "",.1aII.......~aririllf
Jr-tllfJ'......., --.. r pasitinIIJ ~af" pmdw:f
o 70 140 Feel
,
ATTACHMENT 1 - 20
I
r
f
... .
~
r-
!
J&n,211J7
EXHI,p,tTo~ 3i:f1,7,
NE1 /4 SEC. 33. T.17S. R.3W. W.M.
UNE COUNlY
SCAI...E l' - 1 ocr
~IM"''''':4fI~
f
II
I
I
I!I
~.~,.,. ,
e
.
.,
at
i
~
..../~l~...Jllr.,..
. ,..
-n,' ~ ,..,....
qI
I"?
'ici
;Z
.;:" >-
,<t
.:;=
f
~
qa.
i
:I
I
c
l"~-
G:
I
o
:'\ ..
~.
~.
i'
c
~I
LINE TABLF:
La - ._v
:I .. - ........
H UI - .~"
I ~ ... - ........
. .. -. ._v
loA .... ........
U ... ....
.. ...- . ....... .
UI - ._v ~
'" - '''''-.
.. - ._v "f'
1'1
... .... . ....... v a
... ..... ._v
... ... ._v ~
.... ..... .......C
.. suo . ........ . ~
La' -
.... -, I ........ C
... J~ ._v 1M
.... ...... .-. L.I
III
~AO ~ ROAD
~~
....... ,.....307
~ SUBJECT
-- . u .
SITE
f.
"'...
r h: .
~ cc
,--.. .
91.... ..
~
SEE J.W 17 OJ Z8 ....
r- rr~ 11.11'&1.- .I~";')o
" "".A"~---' <<~~
Ii: 1M.. 1'-. .n. .
: ~ I .
1 ~ n..- I:' ........, "~
"-JJl;;~_ ....'II c:
. ~,""'.I' 'I ..
~.-- .
IM-,'-' Mt. ,.
..",,, ......--..
--
'.~~r
NAD 83/91
-/-...
---
21
I
I
I
I
I
I
.
./
I
'1
I
-=_ Z~7 -+~
3J 34 J
--;-..-;7
~
..,
;
..
-~...
..u....
........
. ,v
BOO
. \
....
. ~
.
~
~
.
~.'
.6... ..
(()~g=(Q)(()
11.,.....",~ .#1"'."........
:",...'.. L'
.,
~
~
~
I
I
Jo.l
I
I
I
12 Z
.' . ~I
915 . W
'0
13 Z
_,.'~ .' ,,~l
ATTACHME~; ~
,;
,~z.6r' - .~
"',...- .
~.. p.,.- .....
J.....~
"0'
-407
7
., ,,:,..,
I..~
.
..
-408
CNlCEU.ED
40CI
7QI
!JQQ
'9OZ
9~7
'7 03 33 11
- 21'
SEEW.
\.
I,
EXHIBIT B - P18.
ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City'') and Betty Trotter ("APPLICANT").
RECITALS
A APPUCANT owns the parcel of land legally described in Exhibit A (the "Property''), and
shown on the map attached as Exhibit B. The Property is proxima.tC to the jurisdictional
limits of the City and is subject to annexation by the Lane County Local Government
Boundary Commission ("Boundary Commission'') following minor boundary change
processes.
B. APPUCANT has submitted to the City an Annexation Application Journal No. LRP2006-
. 00007, dated January 11,2006, for Assessor's Map No. 170333 11, Lot 00600 (the
"Property").
C. APPUCANT wishes to annex the Property to the City and seeks support from the City for
the annexation before the Boundary Commission. The Springfield Common Council has
adopted Resolution No. supporting the annexation.
D. The Property is cmrently designated as Low Density Residential (LDR) on the Metro Plan
and is zoned LDR according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.070(2) that the Property can be
provided with the minimum level of key urban facilities and services as defined in the Metro
Plan Policy 8a, p.II-B-4, and such showing is supported by the substantial evidence in the
record of the proce~g on this annexation. City :sta:ffhas determined the minimum level of
key urban services is currently available to the Property with the exception of public sanitary
sewer service, public storm water m"'n~gement service, and street connectivity to adjoining
property that fully meet City standards. The pmpose of this Agreement is to memorialize _
. APPUCANT'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 m"'n~gement, street improvements
and fire and life safety service~ necessary for an affirmative City recommendation for the
annexation request. ':, .
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 Ii
finding that this key urban service is available to serVe the Property.
After Recording, Return ta:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Place Bar Code Sticker Here:
Revision Date 12/1 &12006
ANNEXATION AGREE:MENT -Page 10f7
ATTACHMENT 1 - 22
EXHIBIT B P19
· An existing 8-mch public sanitary sewer ends approximately 45 feet north of the
north property line of the Property. This sanitary sewer sYstem was ilOt intended to
serve the Property or other lands to the south due to its shallow construction.
· . Permanent sanitary sewer service is planned to be provided by extending a sanitary
sewer from the existing sewer line at Walnut Place, located approximately 1000 feet
south of the Property, via a northerly extension along Anderson Lane. This new
sewer main shall hereinafter be referred to as the "Sanitary Sewer Main Extension".
· Temporary sanitary sewer service to the Property will be provided by allowing a
connection to the shallow sanitary sewer manhole to the north, with the intent to
connect to the permanent Sanitary Sewer Main Extension to the south, along
Anderson Lane, sometime in the future.
G. A public storm water manaeement system with sufficient capaCity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to
support a finding that this key urban service is available to serve the Property.
· An existing public storm~ management system is located in excess of 1000 feet
to the south of the Property at Walnut Place. A new public stormwater line is
planned to be constructed in Anderson Lane to serve the Property and other lands in
the future. This new stormwater line shall hereinafter be referred to as the
"Stormwater System Extension". .
· A stormwater manhole exists approximately 320 feet north of the north line of the
Property, in Anderson Lane, just south of Kellogg Road. However, this system is
. too shallow to be extended to serve the Property.
· The APPUCANT has performed a percOlation test for the soil on the Property and
proposes to construct properly designed dIywells to manaee rooftop stormwater
. drainage. . .
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 is adjoined by AnderSon Lane on the west. This public street is
currently maintained:by Lane County. Anderson Lane is partially improved., with a
strip of pavement withpurb and gutter on the west side, but no sidewalks on either.
side. .
· The right-of-way for Anderson L~e is 50-feet wide along the frontage of the
Property. .
· The Springfield Development Code allows that if a property is not contiguous to a
fully improved street frontage, an Improvement Agreement is reqUired for the future
improvement of the street to full urban standards. .
1. In order to facilitate orderly development of the Property and ensure the full pro~sion 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, and in exchange
for the obligations of the City ~et forth below, APPLICANT shall comply with all .
requiiements imposed on APPLICANT in this Agreement .'
v -"..;.... n..+a , ") n I!nrvv:.
~AGkEE~-Page20f7
EXHIBIT B - P20
Now, therefore, based upon the foregoing Recitals, which are specifically rilade a part of this
Agreement., the parties agree as follows:
AGREEMENT
1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance
of Partition and Public Improvement Plan approvals, APPLICANT agrees to perfoIm the
obligations set forth in this section.
1.1 Apply for Tentative Partition 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 approval. of APPLICANT's annexation
request This section is subject to the requirements of Section 8, below.
12 Apply for, and obtain, Partition Plat approval from the City, pursuant to Springfield
Development Code Article 34, for a Partition 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 Partition Plan approval issued pursuant to Section 1.1, above. This
section is subject to the requirements of Section 8, below.
1.1..1 APPLICANT agrees ~d understands that th~ir proposed connection to the
sanitary sewer system is temporary.
1.2.2 APPLICANT is required to participate, in the manner described herein, i.p. the
construction of the Stormwater System Extension, and connect to this new
stormwater system when it becomes available.
1.2.3 APPUCANT is required to participate, in the manner described herein, in the
construction of the Sanitary Sewer Main Extension, and connect to this new
sanitary sewer system. when it becomes available.
12.4 APPLICANT further agrees that if the temporary sanitary sewer system fails
or the stormwater fails to percolate within the private infiltration facilities, .
then APPLICANT is fully respo~ble to provide alternative sanitary sewer
and/or storm water facilities to the satisfaction of the City.
1.2.5 APPUCANT further agrees to hold the City harmless for any and all claims
that may arise frOin any delay of the development of the Property as a result ,
of the City's performance, or lack thereot: on completing the street, Sanitary
Sewer Main Extension or Stormwater System. Extension.
1.2.6 Prior to or concurrent with Partition Plat approval by the City for any portion
of the Property, APPLICANT shall sign Improvement Agreements for each
lot Said Improvement Agreements will provide for urban standard streets,
sidewalks, street lights, Sanitary Sewer Extension, Stormwater System
Extension;, and other public infrastructure as may be deemed necessary by the
City. The Improvement Agreements obligate the owner(s) of the Property to
ANNEXATION AGREEMENT - Page 3 of7
RcvisionDatc 1211812006 A TT ACHMENT 1 .;., 24
Ii
EXHIBIT B - P21
pay their proportionate share of the cost, as determined by the City, to design
and construct the urban standards improvements.
1.3 Develop on-site and off-site public sanitary sewer conveyance systems as needed to
provide sanitary sewer service to the development as follows:
1.3.1 Subject to City Engineer approval of the requisite Public Improvement Plans,
construct a temporary public sanitary sewer system that connects to the
existing shallow sanitary sewer system to the north of the Property.
1.32 APPliCANT shall bear the full cost and obligation to design and construct
the temporary public sanitary sewer system that connects to the existing
shallow sanitary sewer system to the north of the Property, including but not
limited to engineering costs, permit applications and fees, legal costs,
cons1ruction and inspection costs, and the preparation of as-built plans.
\
1.4. Develop on,..site and off-site public stormwater management systems as needed to
provide drainage service to the development as follows:
1.4.1 'Prior to occupancy approval for any new structure on the Property,
. APPLICANT shall properly design and construct drywells, as approved by
the City, to serve the rooftop drainage of each lot Said drywells shall be
privately owned and maintained by the APPLICANT or their heirs,
executors, assigns, arlministrators and successors.
1.42 Grant to the City the easements necessary to access, operate, and maintain a
public stormwater management sis.teID. on the Property, ifneeded.
Easements for piped portions of the system will be a minimum of 14-feet
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 channe~ plus 10 feet on one
side and 25 feet 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.
1.4.3 APPliCANT shall bear the full cost and obligation to design and construct
the stonnwater drywells to serve the rooftop drainage of each lot, including
but not limited to engineering costs, permit applications and fees, legal costs,
cons1ruction and inspection costs, and the preparation of as-built pJans.
1.5 Develop on-site and off-site publi~transportation systems to provide transportation
service to the development as follows:
1.$.1 Subject to Partition Plat approval and City Engineer approval of the requisite
Public Improvement Plans, APPLICANT shall sign Improvement
Agreements for each lot to obligate the owner(s) of the Property to pay their
proportionate share of the co~as determined by the City, for the fu~e
Revision Date 1211812006
ANl'JEXACmfmMlGREEMISNT - Page 4 of 7
I,
EXHIBIT B - P22
design and construction of Anderson Lane as a fully-improved public street
along the frontage of the Property.
1.5.2 A maximum of one (1) public street connection will be permitted for each
proposed new lot
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
develDpment of the Property, including the construction and maintenance thereof.
1.7 In determining APPLICANf's share of costs for the improvements described in this
Agreement, the full cost for the provisIon of the improvements ~ the time of
construction shall be estirn~ted. 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 ofCitv. Consistent with the above Recitals, City agrees to:
2.1 Initiate and support annexation of the Property to the City before the Boundary
Commission and sUpport APPLICANT's defense of any appeal of a decision of the
Boundary Co~sion annexing the Property to the City. However, the City will
not assume any financial responsibility to provide legal counsel on appeal.
2.2 Conduct the timely review and decision rn~lOng of the Partition Tentative Plan. 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
the 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 and burden upon the
Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution
in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANf
and shall benefit any assigns or; successors in interest to APPLICANf. Execution of this
Agreement is a precondition to'the support of the City for annexation of the Property
desCl'ibed in Exhibit A to the CitY. Accordingly, the City retains all rights for
enforcement of this Agreement.
4. Limitations on the Development No portion of the Property shall be developed prior to the
City approval of a Partition Tentative Plan, and Public Improvement Plans for the temporary
sanitary sewer connection to the existing shallow sewer system to the north of the Property.
5. Mutual Coot>eration. City and APPLICANT shail endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
Revision Date 12/1812006
ANNEXATION AGREEMENT - Page 5 of7
ATTACHMENT 1 - 26
EXHIBIT B - P23
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 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 wa;ives
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., p.II-B-4 and as
required herein are not provided in a timely manner to the property.
8. Land Use. Nothing in this Agreem~nt 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 the City
providing or agreeing to provide approval of any building, lan~ use, or other development
application or Land and Drainage Alteration Program (LDAP) permit application submitted
by APPLICANT. . .
9. APPLICANT knows and understands its righ~ under Dolan v. City of Tie:ard and by
entering into this Annexation Agreement hereby waives any requirement that the City
demonstrate the pv.blic 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 dP.ml'lnds placed upon the urban facilities and
services by the development and to the impacts of the development of the Property.
APPUCANT further waives any cause Df action it may have pursuant to Dolan v. City of
Tie:ard and its progeny arising out of the actions described herein. '
10. APPLICANT knows and understands any rights they may ~ve under Oregon Revised
Statutes (ORS) Chapter 197 as. amended by Ballot Measure 37 passed November 2,
2004. APPLICANT for itself and its heirs, executors, assigns, administrators and
successors hereby waives any claim or cause of action they may have tmd.er such ORS
provisions against the City.
11. Invaliditv. 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 detennined in
accor~ance with the laws of the State of Oregon.
RP!Vi!:inn nm,., , 7/' RnM~
~fttMliblG~ - Page 60f7
EXHIBIT B - P24
DATED this ~ day of~~. 20010
IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date
:first herein above written.
APPLICANT
IJ~ v: ~
Betty Trotter
(OWNER)
STATE OF OREGON }
COUNTY OF ~~€/ 58
BE IT REMEMBERED that on this t1J ~day of ~I'l"- \oa..--r ,200 ~efore
me, the undersigned, a notary public in and for said County and State, personally appeared the
within named Betty Trotter whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrument and acknowledged to me that
Betty Trotter executed the same freely and vohmtarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
yeat last above written.
~{"((6~ ~. wRl;u.
Notary Public or Oregon .
lD/~QOO~ ;
My Co . ion Expires
:r;ot~
Gino Grimaldi, City Manager
_ OFFICIAL SEAL
TERESA J WHITE
~ i NOTARY PUBLIC --OREGON
, ... COMMISSION NO. 385682
MY COMMISSION ~RES.OCT. 16. 2lI08
STATE OF OREGON
CoUNTY OF LANE } 58
BE IT REMEMBERED that on this I 'J -Ii: day of J ttL,!L ,2007 before
me, the undersigned, a notary public in and for said County and stite, personally appeared the
within named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence
. and who by me duly sworn, did say that he is the City Manager of the within named municipal
corporation and does acknowledge ~d instrument to be the free act and deed of said municipal
corporation, and that the seal affixed ~ 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 City C;:;ounci1.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day ~d
year last above written.
N~U~N
OFFICIAL SEAL
_ AMY LSOWA
; j NOTARY PUBLIC - OREGON
\. ./ COMMISSION NO. 397942
,. MY COMMISSION EXPIAES NOV. fill, 2001
/ (";}d,J'D(; '1
MY COMMISSION EXPIRES
M= Development RcvicwIDRCJ2006llRP20061LRP2006-00007. Trotter on AndClSOn Lane
Revision Date 12/1812006
ANNEXATION AGREEMENT ~Page 7 of7
ATTACHMENT 1 - 28
i,
~~~~~"'... ~~~..---- ,-"-..
~
~^P1 It)! T !5 - fi 2S
"
. '1.
-.; .~~ .
';~J' Exhibit A
. ....
. " .
..
,
Beginning at a point 9.49 chains North of a s~one set in County Survey No. 673. for the
Northeast comer of a certain half acre tract; said stone being according to stlnrey 18.03 c1mins
East ofa point 9.78 chains South of the Southeast comer of the Mahlnn H. Harlow Donation'
Land Claim No. 57, in Township 17 South, Range 3 West. WillameUe Meridian. and nmning
thence North 2.879 chains; thence West 1.58 chains to the West line of the R.E. Campbell
Donation Land Claim No. 59, thence South along said West line of Claim No. 59. 2.879 chnins;
thence East 1.58 chains to the place of beginning. in Lane County. Oregon.
"'
......
.'
l'
"
ATTACHMENT 1 -29
NEl/4 SEC. 33 T.17S. R.3W. W.M.
LANE COUN1Y
EXH I ~7T & -332Y1
~."'.;f'-"(/'A(
I
i
I
e
~.~~- l
III
.
,
CD
i
~.
It
'-~f"'-I'.
. , .
.,.11 I ,..,~..
~
h
jo
~z
.;:l! >-
.<t
.~
olI:I:
~
:z:
cl0-
t
:I
r
c
f"--
G:
!
SCAlE ,. - loa
-/-,..
---
~I
J
I
I
I
I
I
I
I
I
I
I
I
I
~
...
o
:\ ..
~.
~.
i
c
el
I
~
~
r
I
I
~.I
I
I
I
SEE t.W' 17 OJ 28 4
NAD 83/91
UN. TARt.
......... '. ...... "
....... . ....... It
U... ......... v
........ . .,..... I:
u...... ........
... 4.1" . ...... c
.. - ......
...... .~I
..,... .......... ~
~.... . ..... c
......... . ....... " ~
.... -.... '''---..,
UI.... I .... V C
UlI a.- Iuw..
........ I ....... C ~
l01I IUr I WUW' I:
u, ... aI1II 9-
WI MW, . ....... IE 2
l:l
III
~-co do< .
MtA.'-' ....-,.
. ."':.::;:-.' (Ip""""'-::rr
I
I
_ _ ___ 2~7 Il.
I .,.~"I' ;-r=; -+
J3 34 :/
~
I!
~
~
I
0;
!
2_."
"
--~...
&II.".
~.
I
I
I
I
..
800
100
2.55 ~
. .
....
. ~
~
..
ZZ#I...
.... ...
019=00
. "lI
~ .
I ~
.
loll UP
... au
SUBJECT
-.... ~- ...
SITE
f
la
z
. ~1
>wi
a
lJ z
~..~ ' i <(I
ATTACHM~~~ 11
- 30
,!,1t...... - .I'
.. ,....., a
..- --- .....
.1(' ......~
~.
-'
V17
,,;
15
..
. ;:
408
17 03 33
11
SEE'"
CAHCE1I.EIl
40lI .
701
100
102
147
........
,~'I
.
.
I ..
.. .. .. ..
. c ...
EXHIBIT B - P27
RESOLUTION NO. 07-46
A RESOLUTION CLARIFYING THE METIIOD OF ANNEXATION FOR CERTAIN -'TERRITORY
TO THE CITY OF SPRINGFIELD
WHEREAS, the City Council adopted Resolution No. 07-36 on July 16,2007; and
WHEREAS, Resolution No. 07-36 identified ORS 199.490(2)(a)(B) as the applicable statute authorizing
annexation; and
WHEREAS, the City Council finds that Resolution No. 07-36 was intended to initiate annexation under
ORS 199.490(2)(a)(A), which allows annexation 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 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 city fmds there are no registered voters residing within the territory; and
WHEREAS, the city finds the request complies with ORS 199.490(2)(a)(A) for the reasons stated in the .
report attached to Resolution No. 07-36.
NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF
THE CITY OF SPRINGFIELD DOES RESOL VB AS F0LLOWS:
Section 1: The Common Council of the City of Springijeld does hereby clarify that Resolution No. 07-36
should refer to ORS 199.490(2)(a)(A) as the applicable statute authorizing ~exa.tion. .
Section 2: Thi~ resolution shall take effect upon adoption by the Common Council of the City of
Springfield and approval by the Mayor.
ADOPTED by the Common Col,lIicil of the City of Springfield this Sib day of November, 2007 by a vote
of 2_Jor and ~ against. (1 absent)
APPROVED by the Mayor of the City of Springfield this Sib day of November, 2007.
"
ATIEST:
avu~
City Recordf . .
ATTACHMENT 1 -31
REVIEWED & APPROVED
A~F~~ ~
DATE: ~ n7~=-'
LEGAL COUNSEL
EXHIBIT B - P28
JONES Brenda
From:
Sent:
To:
Subject:
TAYLOR Paula L [PTAYLOR@lcog.org]
Friday, December 28, 2007 5:10 PM
SCOLLA Connie J; SCHULZ Stephanie E; HOPKINS Steve; JONES Brenda
AnnexationlWastewater Extension (Trotter)
No public hearing was requested on the Trotter annexation to the City of Springfield (ECSP07 -60) or
the wastewater line extension request by the City of Springfield (EXS07-61), so both requests were
approved and effective December 4, 2007, at the end of the day.
If yo~ have any questions, please feel free to contact me.
Paula Taylor, Executive Officer
Lane County Local Govemment Boondaly Commission
(541) 682-4425
Fax: (541) 682-2635
1
ATTACHMENT 1 - 32