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Home My WebLink AboutOrdinance 6217 03/17/2008 ~'" 1 -' ~J . ORDINANCE NO. 6217 (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by City Council Resolution No. 07- 36 (and further described in Exhibit A & B), and WHEREAS, the property to be withdrawn is located within the boundaries of the Rainbow Water District, and WHEREAS, the City of Springfield Common Council held a public hearing and first reading in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does hereby determine that the real property described should be in the best interest of the City of Springfield withdrawn from the Rainbow Water District in Lane County, Oregon, insofar as the property is located therein.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that the following described real property within the boundaries of the Rainbow Water District is and shall be withdrawn from the Rainbow Water District in Lane County, Oregon, said property being described as follows: Township 17South, Range 03West, Section 33 Map 11, Tax Lot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 ----L- for and 0 against. ATTEST: c~~ Y of March 2008. APPROVED by the Mayor of the Ci "." . .', <=i) & t\PPROVr::D '~ '0 FORPJ; _~_~.,::z,."...... ~ ~"'"iA\""","" ;.~:; ~-.-E:..l2!...LL l:> C . c:;::t:"iCc.: OJ= CifV ATfORi\J:5:V j / I:, \ oj . / , ~~1~ . 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 half acre tract; said stone heing according to survey 18.03 chains' East ofa point 9.78 chains South of the Southeast comer of the Mahlen H. Harlow Donation Land Claim No. 57; in Township 17 South, Range 3 West. Willamette Meridian. and running 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 chains; thence East 1.58 chains to the place of beginning, in Lane County. Oregon. " .... " . .' ,)' ;. EXHU6~T A ! / EXHIBIT A - P2 MAP No.2 SITE MAP Annexation to Springfield (Trotter) EC SP 07 - 60 ~~ IT] DUTHER KING J ANNEXA nON AREA Includes TL 600, 17-04-33 Map 11; Owned by Betty Trotter . (Ee SP07 - 60) Legend .. Trotter property D Tax Lots UGB city limits ~ ~ N + 250 I o 250 500 Feet LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007 Page 90f9 i/_i,1/4 SEC. 33 T.17S. R.3W. W.M. i 0 LANE COUNTY " ~~''''~'''J'JII'.e I II i I ~ ~."_m , I: . + III i Q' '''fer ~ "'r..... II ,." .,. . ,..,.~.. I ~ I ~ t"? ~ i~ .!:a >- .<t .;= 1I:I: ~ :::c o lit I .. w' ~ ~. ~ c ::, EXtf1B~3 ~.r 1 f3 SCALE 1. - 10a ,.. rr- UNN,'" ,,--... ,~ ......",,~~ .~~ ~ N./:.........,.. t~ I . SEE t.W' 17 03 28 4 NAD 83/91 LIlliE TABl F' u .... . ........ " LA ...- . ..... c ... .... . ....... " ... ...- . ..... c UI .... . M1Rr If .. .... . ..... c u - .... LA ...- . ..... c UI .... . ....... 'WI .::/ UI ...- . ..... c ~ ... .... ...-v .... ...- I ..... v a u:I - I__V U. .- I-.V ,... UlI ... I....... 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"...~;., ........ .,. ........,LMa, CIHCElUIl 40CI 7a. 100 IC2 147 I.... . . - ...s. . c ~cg:c EXHIBIT B - P1 . , November 26, 2007 LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION 99 East Broadway Suite 400 Eugene, OR 97401-3111 (541) 682-4425 FAX (541) 682-2635 TO: 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 PallIaL Taylor, Executive OffiGtULb-IV EC SP 07 - 60 (Expedited Procedure) ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIElD (Trotter) FROM: SUBJECT: 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:muld 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 HA VB ANY QUESTIONS REGARDING THE PROPOSAL OR PROCEDURE, PLEASE CONTACT OUR OFFICE (541-682-4425). Attachments pt: LCBC: L:\BClEXPlMEM0\2007\ECSP0760 MEM.DOC Last Saved: November 26. 2007 EXHIBIT B - P2 EXPEDITED PROCEDURE - ST AFF 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 ]99.466 and ] 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 Edgewater Or, Eugene) Tax lot: 600, T] 7S R03W S33 Map 1 ] 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-Sprin~eld Metropolitan Area General Plan (acknowledged August 1982 and has been "Subsequently amended) Existing 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 (on site 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] of9 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 cOrrimission 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 contiguous 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 LDWUF-lO, low-density residential with urbanizing fringe overlay, in Laner 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 annexati9n 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 Annexation 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(l)(b) and 199.410(3)(c} This annexation request was filed in accordance 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, WiJIamalane Park and Recreation District, Betty Trotter, Gary Reed, and Doug Weber. LCLGBC Staff Analysis (Ee SP 07 - 60) - November 26, 2007 Page 2 of9 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 Wil1amalane Park and Recreation District. The City of Springfield is a part of this special district and receives park and recreation services from the district. After 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 199.5l0(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 i99.410(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 in 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. (l) 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 of9 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. Implementing 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(J)(d), 199.410(3)(b) and (d) The annexation area is within the Metro Plan UGH. 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 0 ll-C-4) and recognizes that ultimately, all territory within the UGB will be annexed to an existing city (policy #16, page TI-C-5). The annexation area is designated as low-density residential in the Metro Plan. Upon the effective date of the annexation, the p.rivate property will be automatically rezoned to WR in the city. The annexation area will 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 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. Electricity - SUB indicates that it provides electric service in this general area 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. H 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 FirelRescue 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:lerminates 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 cons'truction. 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 'Vastewater line is being processed concurrently with this annexation request (refer to BC File EX S 07 - 61). LCLGBC Staff Analysis (Ee SP 07 - 60) - November 26, 2007 Page 5 of9 -, EXHIBIT B - P7 Stormwater - Springfield planning staff indicates that the eXIstmg 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 connect 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 Lane; 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 Springfield, the city already has planning and building 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 0 commission policies and this standard. Consider the comprehensive plan's economic, demographic, and sociological trends and projections and its environmental policies, pertinent to the proposal. ORS 199.410(3)(d) and 199.462(1) The annexation proposal is consiste~t 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 (EC SP 07 - 60) - November 26, 2007 Page 6 of9 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 HEARlNG and STAFF STUDY be conducted on an annexation of territory to the City of Springfield (EC 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. pr: LCBC: L\BC\EXNOO7\ECSP0760 SN.OOC LAsr Saved: November 26. 2007 . LCLGBC Staff Analysis (Ee SP07 - 60)- November 26,2007 Page 7 of9 EXHIBIT B - P9 MAP No.1 VICINITY MAP Annexation to Springfield (Trotter) EC SP 07 - 60 LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007 Page 8of9 EXHIBIT B - P10 MAP No.2 SITE MAP Annexation to Springfield (Trotter) EC SP 07 - 60 1ti ~UTHER KING J ~-m1. , ANNEXA nON AREA Includes TL 600, 17-Q4-33 Map 11; . Owned by Betty Trotter (EC SP 07 - 60) Legend .. Trotter property o Tax Lots UGB city limits Ell 250 I o 250 500 Feet LCLGBC Staff Analysis (EC SP 07 - 60) - November 26, 2007 Page 9of9 . ). 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 COUN1Y LOCAL GOVERNMENT BOUNDARY COMMISSION 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 described 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 subj ect site along and within the full right of way width of Anderson Lanefro~ the south boundary of subject site to a point 50 feet north 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 Growth 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 t~tory in the annexation prop~sal can be proyided with the minimum level of key urban facilities and services in an orderly and efficient iJlanner as defined in Eugene-Springfield Metro Area General Plan Policy 8, page IT-B-4; and where there will be a logical area and time within which to deliver urban services and facilities; and WHEREAS, minimum level key urban facilities and services defmed in the Eugene-Springfield Metro Area General Plan, page V-3 as wastewater service, stonnwater 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, .. ~ 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 fOIWard 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. processmg. NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS: Section 1: The Common Council of the City of Springfield does hereby recommend approval of the annexation of the subject territories to the City by the Lane County Local Government Boundary Commission, Lane County, Oregon, said territory being described 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. 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 ofan 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 fOIWard 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 .li-th day of July 2007 by a vote of -6.... for and L against. APPROVED by the Mayor of the City of Springfield this --1.Q. th day of .r.uy 2007. ATIEST: ~~ City Recorde Mayor REVIEWED & APPROVED Afi? TO FOR~ \.. .....) c:::.e..e,," ~ ~ DATE:~ bt OFFICE OF CITY AT ORNEY RESOLUTION NO. 07-36 , '1. ~}i. ' Exhibit A '. ~ ~ \ ~,.~ '. . Beginning at apoint 9.49 chains North ofa stone set in County Survey No. 673. for the Northeast corner of a certain half acre tract; said stone heing according to survey 18:03 chains East of a point 9.78 chains South of the Southeast comer of the Mahlon H. Harlow Donation Land Claim No. 57, in Township 17 South, Range 3 West. Willamette Meridian. and running . 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 afClaim No, 59. 2.879 chains; thence East 1.58 chains to the place of beginning. in Lane County. Oregon. " .... .' I' :. C:;Xfi 10 T A A-I/A -( , . NE1 /4 SEC. 33 T.17S. R.3W. W.M. . LANE COUN1Y '....~."""..l I II i I e ;'_"d4 "I . f ~ c . , II i r;. , uutlf.. "r. ,. . . ,." ."", . ,..,..... :jl h EXH I Btt,'r ~3-3~111 I"" rr"'" ",11_.1.- .r....M~ cp: ..,-*"e-...,- <<~~ ~ lMe.",...n.' C5l ... )./ . i .~. ~ I~ ......"'" ".--..,.., ,arc..-, III"'" f:~ IIU.....I~ ': .. SCALE ,. - 1 ocr SEE \.WI 17 OJ Z8 4 -t-JO' --,- ~I I I I I I I . I I I I I I ~. ..J l! ~ ~ i \,; Ii a ... --~... ~... 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"... ~;., ~ #f' ......~ 17 03 33 11 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 comer 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 of beginning, all in Lane County, Oregon. . 0 i, EXHIBIT B - P16 ; . EXTRATERR~TOR~Al AREA I ,: 1 , 1 , 1 --II .~ , . :1 : I : I . :1 i , '1 , . , , , . , . -. , .:', . '.' . . . , ":"',. , .':. :, ,': ., ~:. ~ ., . -' . <: : , . ." , ':..>.::(: ':';:\'. 'J.;.' ,< ,I ;,' . , J\:':.}i l" !.' \.' ,?'f,1 . .~.?}:/:'.: . :~:. 1 , . .','1 ''-'. };~~.;~: ~"';., 1 ....: 1 ::."1' 1 . 1 , , 1 , , i- , ~ , I / I I I I -~...- i f I I ". , '." ,-:" . :' : .t.o. ---~~- li,l I . .... , I """' arr... ..""",riG /6111 _0""""" rIrir prvdxL LRn _. oU r-=r7i~'jiJr......1aJJ "'-'''-/If .;.-""" _, _iJJi... tr posidDMI ~'oftb;, prud>>cl Springfield. OR 1 , 1 , 1 1 w .> 1< Ir " i I. ~ ~ . 1 < . 1 Ir , 1 I 1 , I: I 1 1 I 1 I , , II : 1_ ~ It. ,- - - -DiAMo'N~Si" J Ii I f I , r- I 1 i ............- I i I i I ; , : I i I-~ - Storm Line - - . Saritary Line ~::' Within City Limits r ~ -, Not Within City Umits --- o 7D 140 Feel , .hne,2oo7 NE1 / 4 SEC. 33. T.17S. R.3W. W.M. U.NE COUN1Y EXHI~fTO~ 31j117, ~......:r''''''/.:fI'.-r f at I I ~ ~..- ~ l c . ., CD i c;. 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"-" . ... ~ 914 I' 10 ~. .... ~o' 917 ..: 15 12 Z ,.' . ~l .. 915 .wi ! ~ a Z ! IJ " J.d"" .' ,,<II ---l.,~;r j ~ ~ . l'. ~h~ ; iI i:: "S 5!" 407 7 till ,,:,.... /#.N J,08 . ~ .. a ~,,~... *u-_~ .", ~--~ A" 17 03 33 1 , \ '~J'.lr. - ..~ ,..,-..- .... "... t;tlw.., ...... ..i' ...._.-'-" SEE 101. \. ! , 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 APPLICANT owns the parcel ofland legally described in Exhibit A (the "Property"), and shown on the map attached as Exhibit B. The Property is proximate to the jurisdictional limits of the City and is subject to annexation by the Lane County Local Government Boundary Commission ("Boundary Commission'') following minor boundary change processes. B. APPLICANt bas 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 "Propertyj. C. APPLICANT 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 bas adopted Resolution No. supporting the annexation. D. The Property is currently 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 proceeding on this annexation. City :staffbas 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 purpose of this Agreement is to memorialize . APPLICANT' s and City's commitment and agreem~t 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 urban services, including Iong-terni public sanitary sewer, stormwater management, 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 a finding that this key urban service is available to serVe the Property. After Recording, Return to: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division Place Bar Code Sticker Here: Revision Date 12/1812006 ANNEXATION AGREEMENT - Page 1 of 7 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 :not intended to serve $e 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. 1bis 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 stormwater management system with sufficient capaCity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a :finding that this key urban service is available to serve the Property. · An existing public stormwater 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 APPLICANT has performed' a percolation test for the soil on the Property and proposes to construct properly designed di-ywells to manage 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 adj oined by AnderSon Lane on the west. 1bis 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 Lane 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 d~velopment of the Property and ensure the fun provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Boundary Commission, and in exchange for th~ obligations of the City ~et forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement . Revision Date 12/18/2006 ANNEXATION AGREEMENT - Page 2 of7 EXHIBIT B - P20 Now, therefore, based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals and sUbject to the issuance of Partition and Public Improvement Plan approvals, APPLICANT agrees to perform 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 Ibis section is subject to the requirements of Section 8, below. 1.2 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. 1bis section is subject to the requirements of Section 8~ below. 1.2.1 APPLICANT agrees an.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, in the construction of the Stormwater System Extension, and connect to this new stormwater system when it becomes available. 1.2.3 APPLICANT 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. 1.2.4 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~ible to provide alternative sanitary sewer and/or stormwater facilities to the satisfaction of the City. 1.2.-5 APPLICANT further agrees to hold the City harmless for any and all claims that may arise :f:rOin any delay of the development of the Property as a result of the City's performance, or lack thereof, 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 Revision Date 12118/2006 ANNEXATION AGREEMENT - Page 3 of7 i j 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 Subj ect 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. 1.3.2 APPUCANT 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, construction and inspection C<?sts, 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, administrators and successors. 1.4.2 Grant to the City the easements necessary to access, operate, and maintain a public stormwater m~n~gement sYstem on the Property, ifneeded. Easements for piped portions of the system will be aminimum 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 channel plus 10 feet on one side and 25 feet on the 'other side to accommodate access ~d 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 stormwater drywells to serve the rooftop drainage of each lot, including but not limited to engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of as-built plans. 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 cost, as determined by the City, for the fu~e Revision Date 1211812006 ANNEXATION AGREEMENT - Page 4 of 7 i: EXHIBIT B - P22 design and cons1ructi.on 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 development of the Property, including the construction and maintenance thereof. 1.7 In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provisIon of the improvements ~ the time of construction shall be estimated. 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. I Initiate and support annexation of the Property to the City before the Boundary Commission and sUpport APPLICANT's defense of any appeal ofa decision of the Boundary Commission 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 making 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 APPLICANT and shall benefit any assigns or; successors in interest to APPLICANT. Execution of this Agreement is a precondition to'the support of the City for annexation of the Property described in Exhibit A to the CitY. Accordingly, the City retains all rightsfor 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 Cooperation. City and APPLICANT shaiI endeavor to mutually cooperate with each other in implementing the various matters contained herein. Revision Date 12/18/2006 ANNEXATION AGREEMENT - Page 5 of7 EXHIBIT B - P23 6. Waiver ofRimt 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 w8;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 1:b.e 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 righ1$ under Dolan v. City ofTigard and by entering into this Annexation Agreement hereby waives any requirement that the City demonstrate the p"Q.blic improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set fo~ in Section 1, required herein, are ' roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuantto Dolan v. City of Tigard and its progeny arising out of the actions described herein. 10. APPUCANT knows and understands any rights they may have under Orego~ 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 under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. Revision Date 12/18/2006 ANNEXATION AGREEMENT - 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~ ~~ ~ Betty Trotter (OWNER) STATE OF OREGON } COUNTY OF ~\f\.t!I 88 BE IT REMEMBERED that on this \~ ~,,-day of ~Yl"'- \o!V'f ,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 voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ~C<C6~ ~. uAt(:(L., Notary Public or Oregon . :r;:oft~ Gino Grimaldi, City Manager 10/ ,to/QOC>~ My Cbmmission Expires _ OFFICIAL SEAL TERESA J WHITE ~ ) NOTARY PUBLIC --OREGON " .' COMMISSION NO. 385682 MY COMMISSION EXPIRES. OCT. 16. 2008 STATE OF OREGON COUNTY OF LANE } 58 BE IT REMEMBERED that on this /1 ff day of J uJ~ ,2007 before me, the undersigned, a notary public in and for said County and site, personally appeared the within named Gino Grimaldi whose identity was proved to me on the basis of satisfactory evidence and who by me du1y sworn, did say that he is the City Manager of the within named municipal corporation and does acknowledge s~d instrument to be the free act and deed of said municipal corporation, and that the seal affixed. to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council. IN lESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. N~~L~ON ~ OFFICIAL SEAL AMY LSOWA i .l NOTARY PUBLIC - OREGON \..... COMMISSION NO. 397942 ,. MY COMMISSION EXPIRES NOV, ill, 2009 I {...;}';,,~{)t; Cj MY COMJv.HSS10N EXPIRES (V): Development RevicwIDRCJ2006/LRP2006/LRP2006-o0007. Trotter on Anderson Lane Revision Date 12/1812006 ANNEXATION AGREEMENT 7"" Page 7 of7 i. <r -~~~''i'B~-~~~*,~----'~..-..~,=no.~ .-.- ""- - ...~..... - ~^nI&IT ~ - fi25 ,ij, . .'" -.; .".;~ . ",~,{' 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 half acre tract; said stone heing according to survey 18.03 chains East ofa point 9.78 chains South of the Southeast comer of the Mahlen H. Harlow Donation Land Claim No. 57, in Township 17 South, Range 3 West. Willamette Meridian. and running 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 chains; thence East 1.58 chains to the place of beginning. in Lane County. Oregon. " .... .' I' " t'JE1l4 SEC. 33 T.1 7S. R.3W. W.M. LA.NE COUN1Y EXH I ~7T &s -332~1 ~.~4'1W.1'''1. I It i I e ~....... l III 41 + CD i ~. ~ 'uuf"r.... . ,." ."11 $ ,..,.111. q h :io ~z .;:iJ>- .<t .~ f ~ ~ I J l' ~ 1"-- l; f SCALE 1. - 1 CIa SEE WP 17 OJ 28 4 o QI Ii w' ~' ~. ~ c ~I . . . ; NAD 83/91 ,....c d.. . ~..,.....". -'7 II, ,""'.......... ""':::t'r I ~I., I 2 28 27 ." ,..., s..1It .f -=.--;=f- -+~ ~...!-; /l.G.,...... 3J 34 J ~ ~.,..ii'7 (--- J_..' .......... " ~ BOO 100 . . z.55 N:. .... . ~ t .. I ~.. ".. ... I l I :~ ((J) 19 = (Q) ((] . CANCELLm 40ll 701 !lOCI 902 947 UN. TABLE La....... ". ...... " ........ . ....... c U1... .~v u..... . ....... c ... ~ ......... ......... . ..... II: .. r.n "" UrI" .~E Lot..... .~" ~ 1.1I...... . ....... I: La ...... . ....... " ~ LII..... I ..,.... V '-II.... J ....... V a ,.. u. ..... I........ . .... .....- IW.....C .... 1l.>F I a-2rr I: U, - ..... ... ....., . ........ E .... ,~ .......... . UI K" 1~"n't4.11: ",.r..'J'-" .11I11'-"-"'-- 1.:~I:' - t.' 904 3 ...'" SUBJECT --. ~ - ... SITE l., 906 I II ~ f I I ..\ I I I "... . 912 10 ~. 50' 917 ,.; 15 914 ~ z ..' . ~i 915 ~ wl '0 13 Z ..' I _,,'. " <t ~I"'A; 12 407 7 ,.... I.." i 17 03 33 1 1 408 ,!7t..,. ... .; tlf'I'....- ,a ~_ d-I. ..... . -.r .1-. ~ \ SEE iii. ~ I.ol W III . . - . I- ..... e c ..... """ EXHIBIT B - P27 RESOLUTION NO. 07-46 A RESOLUTION CLARIFYlNG TIIE METIIOD OF ANNEXATION FOR CERTAIN TERRITORY TO TIIE 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 fmds 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 TIIEREFORE BASED ON TIIE FOREGOING RECITALS, TIIE COMMON COUNCIL OF TIIE CITY OF SPRINGFIELD DOES RESOL VB AS FOLLOWS: Section I: The Common Council of the City of Sprin@.eld does hereby clarify that Resolution No. 07-36 should refer to ORS 199.490(2)(a)(A) as the applicable statute authorizing annexation. . Section 2: This 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 5th day of November, 2007 by a vote of 2....Jor and -p-. against. (1 absent) APPROVED by the Mayor of the City of Springfield this 5th day of November, 2007. \.f A TIEST: avu~. City Record~ ..' REVIEWED & APPROVED A~F~~ ~~ DATE: ~ ~j~-=' LEGAL COUNSEL EXHIBIT B - P28 JONES Brenda From: Sent: To: Subject: TAYLOR Paula L [PT A YLOR@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 you have any questions, please feel free to contact me. Paula Taylor, Executive Officer Lane County Local Govemment Boundary Commission (541) 682-4425 Fax: (541) 682-2635 1