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Home My WebLink AboutResolution 05-55 11/21/2005 ,. ' .' '" , . RESOLUTION NO 05-55 A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS. WHEREAS, the City received an annexation application (LRP2004-000 11) to annex approximately 3.8 acres into the City of Springfield on May II, 2004, said territory being described as follows: Township 18 South, Range 2 West, Section 4, Map 14, Tax Lot 1200, and as more particularly described in Exhibit A of this Resolution. WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Urban Growth Boundary, and is adjacent to the City Limits; and WHEREAS, the Common Council is authorized by ORS I 99.490(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 owners of said territory signed a consent to annex (Exhibit B); and, WHEREAS, there are no registered voters residing within the subject territory; and, . WHEREAS, the Common Council is authorized by Springfield Development Code 6.030(2)(a) and ORS 222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in the annexation proposal can be provided with the minimum level of key urban fa:;ilities and services in an orderly and efficient manner as required in Eugene-Springfield Metro Area General Plan Policy 8, page II-B-4; and where there will be a logical area and time within which to deliver urban services and facilities; and WHEREAS, minimum level key urban facilities and services are defined in the Eugene-Springfield Metro Area General Plan, page V-3 as wastewater service, storm water service, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communications facilities and services, and public schools on a district- wide basis; and WHEREAS, all key urban services necessary to serve the site are immediately available or programmed for construction in a logical timeframe; and WHEREAS, the attached Annexation Agreement (Exhibit C) memorializes the applicants' and the City's commitment and agreement to the allocation of financial responsibility for the provision of the minimum level of key urban services as required for an affirmative City recommendation for the annexation request; and WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission when an annexation agreement is entered into by the City of Springfield and the applicants; and . WHEREAS, the City supports the applicant's request for expedited Boundary Commission processing. . . 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 18 South, Range 2 West, Section 4, Map 14, Tax Lot 1200, as more particularly described in Exhibit A of this Resolution. Section 2: This resolution shall take effect upon adoption by the Common Council of the City of Springfield and approval by the Mayor. Section 3: The City Council recommends that the Boundary Commission expedite this annexation. Section 4: The City Manager shall execute the attached Annexation Agreement (Exhibit C) and forward it together with this resolution supporting the applicant's request for expedited processing to the Lane County Local Government Boundary Commission. ADOPTED by the Common Council of the City of Springfield this ~st day of November 2005 by a vote of ~ for and ~ against. (1 absent) APPROVED by the Mayor of the City of Springfield this . ATTEST: CityP:c~~ . REV!EWED & APPROVED AS ,-\~FORM ~\~ DATE: \ \ L\ - OFFICE OF CllY ATTORNEY UL~UN &. MUHHU:i l{!J !lua 02,1Q2/2005. 10:28 FAX 541 4/l5 3253 . / . . (' EXHIBIT "A" Beginning at the 1/2 inch iron pipe marking the Easterly Southeast corner of. the R. G. Hixon Donation Land Claim No. 47 in Township 18 South, Range 2 West, Willamette Meridian; thence North 890 44' 28" East 20 feet along the North line of t~e John Smith Donation Land Claim No. 48, Township 18 South, Range 2 West of the ~illamette Meridian, to an iron pin set on the East margin of County Road No. 452; thence South 40.09 feet to an iron pin marking the true point of beginning; thence East 96.42 feet to a point marked by an iron pin; thence South 260 fee~ to a point marked by an iron pin; thence North 890 52' 48" East 386.43 feet to a point marked by an iron pin; thence South 7Q 12' .18" West 237.69 feet along an existing fence line to a point marked by an iron pin; thence West 556.62 feet to a point marked by an iron pin; thence North 395 feet to an iron pin set on the Southerly line of a certain tract heretofore deeded to Lane County, for road purposes; thence East 103.58 feet along said South line to the true point of beginning, in Lane County, Oregon. LESS AND EXCEPT that portion deeded to Lane County in instrument recorded January 8, 1997, Reception No. 97-01381, Official Records of Lane County, Oregon. , , Ol o o ~ t1.I. . H 0 p::; '" P::: 0 0 ~ ::El .. all i ::l Z III 0 t1.I .....:l 0 C":l In '" C":l In co ..,. ..-l ..,. In ~ ~ tx. co '" o ..-l L<;l o . 0: '" " '" Q ". "'I' o FOR ASSESSMEN AND TAXATION USE ONLY ,~- - -~ ~- ...... -- ~- - .- -.- '"","" '" ~... CURvr TABLE:. II U,",,,,, - q~ a ,,_ ~ " ....... - CJ =-. ....,.,.. .~ .~. ..- .~. .~ :=11 ~ -- - rt u...__ .~. ._~ .JF"~Y .w_ .~. .w~ ~,,- .- U~ ~ ~~ .~. ."....~ .~r".... .-.~-- : :::;; II .~. ..,.....: ~ ~ ....,. .,..._" .~_. .~tl"l .0....'"" ::::::r: ~:::r ..- ._?":Irl; ..~ :~c; ....._1 .~- :::::::" ...._11 ..- .w_ .~. .-..- .-....... .:to"'fl~' _IIlI'_V .~ ._r"rv .~ ......... Ib",..," :~t ,,- .- ~ = =. ~ ....... ....... ......... ~- '~'crv .~= .~. .~ .,..-utr 'W au"'1:1"'t7 .. : ~.::: II :::::: .. :~. u_ .- u.-.,.. :::~.. _ _ ~. ~- .,,~.,.... "ro-""lII" _ "_"_.._.._ .D1""" CO .~ . :~:..v =~:" ~. :::.~" ~= ...---. ........ ~ ~- 117"'1"".1'"1 aft"V"" :=-:e:.!" I ......_v ...."...... =" ......... - ~e;:: :::~~" ::;~~" ,,~ ....... . u ~ u ~ u_ ,. ~ 5E1/4 500 G.ID J.C. EXHIBIT "B" ..- .- .---..--.. --.... ,. _. NE1.4 SEC. 4 1.185. LANE COUNTY SCALE; " - I DO' R.2W. W.M. ~~ ..-:: 18 02 leAD. NAD 04 14 SY[) 83/91 SEE lolAI' 1ft 02 04 11 ---------------- ~ 100 1.0t.51l;. 600 ..no.c. 700 D.JIJ AC. BOD D.94 AL 900 1.88 "C. I ~ j il if I e-o-e e-e-e e-o-e &-o-e e-.o--e .... __l - -;r- &-4J -$- B-fI -e- O>--e .. &-e.... G-e..... G----O -e- 8-0 -e- ct-i).... ~~ I i I . ~ 1 i i i I CEM' 019=((J)O - ".-- ....-.. tNfCUl{1! ,3tIlI ~:~ JOD 1.40 Ie. 9=37 I 400 ,..]g~ ~ 1000 ~...30 ~ - w \~ 1100 '_~5 IL I I 019=] 1 I , 18 Ol 0.] o [] 9 tt 0 ~r m9~O-j r. P j'lPPROX. . . _ _ L1'-:'4_COR. Il-9 "'8-1J-fJ -&- B--6 -&- B---6 ..e- G-G -6- O-e -&- G-O -9- G-e ~ ~ -e- e-:?- ~ 9--e..g.. o---e -0- e-e -&- G--f) .e-- ~ e--o-e 9-G--e e--e-- ~ ~C.3. 019-15 . 18 02 04 14 , . . .,' . FORM #1 PETITION ANNEXATION TO THE CITY OF SPRINGFIELD TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION We, the undersigned, constitute the owners of at least one-half of the land area of the property described in the attachment marked "Exhibit A" AND We desire to be annexed to the City of Springfield. A map is attached marked "Exhibit B," showing the affected territory and its relationship to the present city limit boundaries. The annexation constitutes a minor boundary change under the Boundary Commission Act and should therefore be considered by the Boundary Commission and, after study, a Final Order should be entered by the Boundary Commission. By By By MAl'# /2-02 /01- If MAP# LOT# 1M?? LOT# Date/!-! d? -C?S;- Date / /,-- /o-c;r Date Date With the above signature, I am verifying that I have the authority to consent to the annexation on 1?Y own behalf or on behalf of my fmn, agency or trust. 4 PETITION SIGNATURE SHEET Owners I Electors . (Note: This petition may be signed by qualified persons, . even though they do not know their tax lot numbers.) .. NAME ADDRESS TAX LOT NUMBERS Twp R See If. 1/16 Lot # . (Exa~Jo~Doe .~ 135 6th A venue East, Eugene - I ~~ 7/f r. 0f~ sr: . /1 oz 01 I ( 12t)o -- :tPR 11\./ t::- ;::", Fl D oR- tYp' '''(!I -p- - 7/~ ~. tP<f-tb Sf::;, It! O~ of I if Iz.oo I '",1. r1-t- J"j1JZ.,AI ~'-. ~. "-:-'1\ 012... 9?Y- 7~ 'v vI. ~ ~:~W.Jl~ W;;?~;1fi V&lNe>~ . Iv (5-z 04- I 1 /24J ~ i.": - - .- ~ ~- ~~ $'/Lf' A./~c...~"'?__ '2'7~/~ . C'. '?~It!lll M~"1if.t tj I {r(iZ(/~ tI~r~) . , . ith the above si natu . . . . g re, I am venfymg that I have the authority to consent to the annexation on my own behalf or on behalf of my firm agency or trust. . - . ~'...,..._^^~.. 8 ,,' . (- ~~~~-S~:~n~~ ~~~::- ~~:~~~C~~::k-- 2~~~.~~J~i2 : , '1111111111111111111111111111111111111111111111111 $66,00 , 00773186200600030720110115 ~ 01113/2006 02:48:41 PM I : RPR-ANNX Cnl=l Sln=15 CASHIER 06 ~ $~5.00 $11.00 : "'-- -_..____.___u__.__~__ _____j . . ~~. t~ t\ . . ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between CITY of Springfield, an Oregon municipal corporation ("CITY") and John W. and Lynne M. Clouse ("CLOUSE"). RECITALS A. CLOUSE 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 CITY and is subject to annexation by the Lane County Local Government Boundary Commission ("Boundary Commission") following minor boundary change processes. B. CLOUSE has submitted to CITY an Annexation Application Journal No. LRP2004-00011 dated May 11,2004 for Assessor's Map No. 18-02-04-14, Lot 01200 ("Property"). C. CLOUSE wishes to annex the Property to CITY and seeks support from CITY for the annexation before the Boundary Commission. This Agreement will be submitted to the Springfield Common Council for approval and authorization for the City Manager to execute. D. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan and is zoned Low Density Residential (LDR) with an Urban Fringe overlay according to the Springfield Zoning Map. E. Annexation ofthe Property requires a showing under SDC 6.030(2) that the Property can be provided with the minimum level of key urban facilities and services as required by 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 staffhas determined the minimum level of key urban services is currently available to the Property with the exception of public sanitary sewer service, public stormwater management service, and street connectivity that fully meet CITY Standards. The purpose of this Agreement is to memorialize CLOUSE'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 CITY's requirements for the provision of key urban services, including Iong-tenn public sanitary sewer, stormwater, and interconnected transportation systems 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: , Place Bar Code Sticker Here: City of Springfield Public Works Department 225 Fifth Street Springfield, OR 97477 Attn: Engineering Division ANNEXA nON AGREEMENT - Page I of 8 Revision Date November ]4, 2005 . . An existing eight inch (8") public sanitary sewer main is located in the Mount Vernon Road right-of-way and is planned for extension into Phase 5 of Jasper Meadows which abuts the subject site to the north. . Upon annexation to CITY, the annexation area would be served via extension of the Jasper Meadows Master Plan Phase 5 sanitary sewer line under Condition of Approval #9 of City of Springfield Journal No. LRP2004-00014. . The existing public sanitary sewer system within Mt. Vernon Road has sufficient reserve capacity at the present time. However, this reserve capacity has been previously allocated to provide sanitary sewer service to a currently undeveloped portion of the MountainGate Master Plan development. The long-term plan for providing sanitary sewer service to the Property is via a new sanitary trunk sewer that will be extended in Jasper Road from S. 42nd Street as follows: . When this trunk sewer is constructed, the existing pump station, located on Mt. Vernon Road will be decommissioned. The flows from the pump station will be diverted to this new trunk sewer. . The new trunk sewer is partially funded by the City, with the remainder of the funds to come from several owners of parcels of land that will be served by this new trunk sewer. The design for the new trunk sewer is anticipated to commence in 2006, with the construction to occur once the remaining funding is secured from the benefited properties, and CLOUSE is one of these benefited property owners. . A new sanitary sewer main will need to be constructed from the new trunk sewer across lands not owned by CLOUSE to the Property to provide the long-term planned sanitary sewer service for the Property. . Prior to construction of sanitary sewer system installations under this agreement, all necessary easements and/or necessary right-of-ways shall be granted by CLOUSE or obtained from other property owners across lands not owned by CLOUSE. . . 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 consists of a ditch / swale on property which is owned by Crossroads Development, LLC, located immediately east of the annexation area. . Treatment of storm water runoff will occur on the annexation area via an engineered mechanical filter system or bioswale. A public drainage easement exists to permit discharge of treated storm water runoff from the annexation area to the existing ditch / swale to the east of the subject property. · There is currently no public storm water management system downstream of the Property. CITY's long-term plan for providing the necessary stormwater ~anagement facilities to the Property can be described as follows: . a. CITY's existing stonnwater master plan for this area, the Storm Drainage Study for East Springfield (June 1979) identifies future stormwater management systems to serve the Property and surrounding lands, but it does not address the facilities necessary to ensure the adequate provision of public drainage services all the way to the Middle Fork of the Willamette River. ANNEXATION AGREEMENT - Page 2 of8 Revision Date November 14, 2005 . . . The plan is in need of updating to meet current CITY standards for storm water management. b. The Metro area's Public Facilities and Services Plan (December, 2001) also identifies that future stormwater drainage systems are needed to serve the Property and other lands in the vicinity. c. CITY has commenced preparation of a new Stormwater Facilities Master Plan to identify specific stormwater management and service needs for the entire CITY. This new planning will result in an updated recommendation for facilities needed to adequately serve the Property and surrounding land. 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 site is served by Mt. Vernon Road immediately north of the annexation area, and is located at the current southerly terminus of 5ih Street. . CLOUSE has coordinated with representatives of CITY's Public Works Departments and the parties have concurred on a conceptual Public Street Plan (Exhibit D) to serve the annexation area. Consistent with Exhibit D, South 5ih Street will be extended through the site with a sixty foot (60') wide right-of-way, and an east / west cul-de-sac will serve the easterly leg of the annexation area. I. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to CITY and meet CITY's conditions for an affirmative recommendation for annexation to the Boundary Commission, and in exchange for the obligations of CITY set forth below, CLOUSE shall comply with all requirements imposed on CLOUSE in this Agreement. 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 CLOUSE. Consistent with the above recitals and subject to the issuance of subdivision and public improvement plan approvals, CLOUSE agrees to perform the obligations set forth in this section. . 1.1 Apply for Subdivision Tentative Plan approval, pursuant to Springfield Development .Code Article 35, from CITY for a residential subdivision on the Property within twelve (12) months of the effective date of the Boundary Commission's approval of CLOUSE's annexation request. This section, as well as other sections of this agreement, is subject to the requirements of Section 8, below. 1.2 Applyfor Subdivision Final Plat pursuant to Springfield Development Code Article 35, from CITY for a residential subdivision on the Property within one year, unless extended by CITY, of the date ofthe Limited Land Use Decision issued by CITY for any Subdivision Tentative Plan approval issued pursuant to Section 1.1, above. This section, as well as other sections of this agreement, is subject to the requirements of Section 8, below. . 1.3 Develop on-site and off-site public sanitary sewer conveyance systems to provide long-term sanitary sewer service to the development as follows: 1.3.1 Construct public sanitary sewer systems within the Property consistent with the approved Subdivision Tentative Plan to serve the Property. . 1.3,2 Within 60 days of their receipt of written notification from the City that the Jasper Road Trunk Sewer will be advertised for construction bids, or prior to or concurrent with the approval of the Subdivision Final Plat for a residential subdivision of the Property, whichever occurs first, CLOUSE will provide a payment in full to the City equivalent to $2,000 in January 2005 dollars. The actual payment amount shall be determined by increasing the stated payment amount by the percentage increase in the ENR 20-City Construction Cost Index. The base index to be used for this calculation shall be 7297.24 which is the published index rate for January 2005. City and CLOUSE hereby agree that such payment amount, in addition to the anticipated local Sanitary Sewer Improvement SDC fees to be paid based upon the average residential development density for the Property, is a fair share of cost for the Jasper Road Trunk Sewer. 1.3.3 CLOUSE agrees and understands that the City may initiate a Local Improvement District (LID) to construct one or more off-site sanitary sewer mains from the Jasper Road Trunk Sewer to the Property. In the event that the City does initiate said LID, CLOUSE hereby consents to the fonnation of such LID and agrees to abide by the terms of Paragraph 6. below. CLOUSE further agrees and understands that construction of the Jasper Road Trunk Sewer does not include the construction of said off-site sewer mains and that nothing in this Agreement obligates the City to construct said off-site sewer mains at any given time. The City anticipates that said off-site sewer mains will be constructed concurrent with the development of the lands lying between the Property and Jasper Road. 1.4 Develop on-site and off-site public storm water management systems to provide drainage service to the development as follows: . 1.4.1 Prior to occupancy approval for any new structure on the Property, and subject to CITY Engineer approval of the requisite public improvement plans, construct public stormwater management systems to collect, treat, convey and discharge storm water from the Property via an on-site engineered bio-swale or mechanical filter system and existing public drainage easement as illustrated on Exhibit B. ANNEXATION AGREEMENT - Page 4 of 8 Revision Date November 14,2005 . . 1.6 . 1.4.2 Prepare the studies, plans, permit applications, and other supporting documentation necessary to obtain the pennits and other approvals necessary to construct the stonnwater management system described in 1.4.1, above. 1.4.3 Grant to CITY the easements necessary to access, operate, and maintain a public stormwater management system on the Property. Easements for piped public portions of the system will be a minimum of 14-feet wide and may be wider depending upon the size and depth ofthe pipes within the easement. Actual easement widths and locations will be detennined during the Subdivision Tentative Plan review. 1.4.4 Prior to or concurrent with Subdivision Tentative Plan approval by CITY for any portion of the Property, CLOUSE will payor bond all costs associated with the above. 1.4.5 CLOUSE agrees to pay a portion of the construction costs of future' downstream stormwater facilities, due to the fact no stonn facilities currently exist in the region. It is anticipated that obligations for a financial contribution to downstream drainage improvements would be based upon total acreage served and total runoff contributed by the development. 1.5 Develop on-site and off-site public street systems to provide interconnected transportation service to the development as follows: 1.5.1 Subject to Subdivision Tentative Plan approval and CITY Engineer approval of the requisite public improvement plans, CLOUSE shall bear the full cost. and obligation to develop and construct a fully-improved public street system to provide for the logical and orderly extension of the following public streets: a) Extension of South 5ih Street through the site; and b) Construction of an east / west cul-de-sac to serve the easterly leg of the annexation area. 1.5.1.1 The required on-site transportation improvements shall be constructed at the sole expense of the applicant in a manner consistent with the attached detail, Exhibit D. 1.5.2 Prior to or concurrent with Subdivision Final Plat or Subdivision Public Improvement Plan, whichever comes first, approval by CITY.for any portion of the Property, CLOUSE will provide financial security acceptable to the city for all costs associated with the above transportation system construction. CLOUSE knows and understands its rights under Dolan v. City of Tigard and by entering into this Annexation Agreement hereby waives any requirement that CITY demonstrate the public improvements and other obligations of CLOUSE, for payments, financial responsibility and reimbursements set forth in Section 1, and other considerations required in this agreement are roughly proportional to the ANNEXA nON AGREEMENT - Page 5 of 8 Revision Date November 14,2005 . . . burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. CLOUSE further waives any cause of action it may have pursuant to Dolan v. City of Tigard and its progeny arising out of the actions described herein. 1.7 CLOUSE knows and understands any rights it may have under Oregon Revised Statutes Chapter 197 as amended by Ballot Measure 37 passed November 2,2004. CLOUSE for itself and its heirs, successors, and assigns hereby waives any claim or cause of action it may have under such ORS provisions against CITY of Springfield. 1.8 Provide and be financially responsible, including the bonding, construction and maintenance thereof, for the provision of any additional urban facilities and services identified during the review and approval of the Subdivision Tentative Plan and/or the public improvement plans as necessary to serve the development of the Property. 1.9 In determining CLOUSE's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes ofthis Agreement, the full cost shall include design; construction; acquisition ofland and/or easements; studies; permits from all agencies having jurisdiction; attorney's fees; and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of CITY. Consistent with the above Recitals, CITY agrees to: 2.1 Initiate and support annexation of the Property to CITY of Springfield before the Boundary Commission and support CLOUSE's defense of any appeal of a decision of the Boundary Commission annexing the Property to CITY. However, CITY will not assume any financial responsibility to provide legal counsel on appeal. 2.2 Conduct the timely review and decision making ofthe Subdivision Tentative Plan, Subdivision Plat, and Public Improvement Plan applications in accordance with CITY procedures for the development of the Property. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the property and as such shall run with Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded upon its execution in the Land County Deeds and Records. This Agreement may be assigned by CLOUSE and shall benefit any assigns or successors in interest to CLOUSE. Execution of this Agreement is a precondition to the support of CITY of Springfield for annexation of the property described in Exhibit A for CITY of Springfield. Accordingly, CITY retains all rights for enforcement of this Agreement. Revision Date November 14,2005 ANNEXATION AGREEMENT - Page 6 of 8 . . . . . 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of a Subdivision Tentative Plan. With the exception of site grading as allowed at the discretion of the Development Services Director under Springfield Development Code Article 35.010(2) and subject to the provisions of a Land Drainage and Alteration Permit, no part of the property shall be developed prior to obtaining CITY approval of a Subdivision Tentative Plan. No occupancy permit shall be issued for the development ofthe Property until the subdivision improvements have been completed as set forth in Section I of this Agreement. 5. Mutual Cooperation. CITY and CLOUSE shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. CLOUSE 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 CITY of Springfield and to waive all rights to remonstrate against these improvements. CLOUSE does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to CLOUSE to be inequitable or operate unfairly upon the Property. CLOUSE waives any right to file a written remonstrance against these improvements. CLOUSE does not waive its right to comment upon any proposed local improvement district 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 City Council. This Agreement shall not be modified such that the key urban facilities and services as required by 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 Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as CITY providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Permit application submitted by CLOUSE. 9. 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 ofthe State of Oregon. fh DATED this ~ day of 7)GCt-tvtbe(2005. ANNEXA nON AGREEMENT - Page 7 of 8 Revision Date November 14,2005 . IN WITNESS WHEREOF, CLOUSE and CITY have executed this Agreement as of the date first herein above written. /.JO~~ ~ STATE OF OREGON COUNTY OF LANE } ss BE IT REMEMBERED that on this ~day of- NoUe.rn.he,,r, 2005 before 'me, the undersigned, a notary public in and for said County and State, personally appeared the within named JOHN W. CLOUSE and LYNNE M. CLOUSE whose identity were proven to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily; ~~ ~ '. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed year last above written. OFFICIAL SEAL .JEFF LANSDOM NOTARY PU8LIC. OREGOft COMMISSION NO. 385114 tl'lCOMMISSION EXPIRES NOVEMBER"- . ::TYO~ ~ -MtkeK-elly; City Manager Cynthia Pappas, Interim STATE OF OREGON COUNTY OF LANE } ss . #- ' BE IT REMEMBERED that on this 1 - day of tk:_[UVL,t:Je{, 2005 before me, the undersigned, a notary public in and for said County and State, personally appeared the within named-MikeK-eHy-Cynthia whose identity was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that l1e~~1C1tfIManager of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council Pappas IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. . "OFFICIAL SEAL . AMY L SOWA " NOTARY PUBLIC - OREGON '<./ COMMISSION NO. 397942 MY COMMISSION EXPIRES NOV. 22. 2009 ~/{Aow~ NOTARY Lie FOR OREGON J 1: ,}-,)- :;107) CJ MY COMMISSION ExpIRES ANNEXATION AGREEMENT - Page 8 of 8 Revision Date November 14, 2005 0219~/200~ 10:28 FAX 541 485 3253 UUjUN &. MUK1<l:::i l{!J UUIS . EXHIBIT "A" / Beginning at the 1/2 inch iron pipe marking the Easterly Southeast corner of. the R. G. Hixon Donation Land Claim No. 47 in Township 18 South, Range 2 West, Willamette Meridian; thence North 890 44' 28" East 20 feet along the North line of the John Smith Donation Land Claim No. 48, Township 18 South, Range 2 West of the Willamette Meridian, to an iron pin set on the East margin of County Road No. 452; thence South 40.09 feet to an iron pin marking the true point of beginning; thence East 96.42 feet to a point marked by an iron piri; thence South 160 fee~ to a point marked by an iron pin; thence North 890 52' 48" East 386.43 feet to a point marked by an ironpinj thence South 70 12' 18" West 237.69 feet along an existing fence line to a point marked by an iron pin; thence West 556.62 feet to a point marked by an iron pin; thence North 395 feet to an iron pin set on the Southerly line of a certain tract heretofore deeded to Lane County, for road purposes; thence East 103.58 feet along said South line to the true point of beginning, in Lane County, Oregon. LESS AND EXCEPT that portionCdeeded to Lane County in instrument recorded January 8, 1997, Reception No. 97-01381, Official Records of Lane County, Oregon. . , , . Ol o o & Ul H p::; P::: o ::El 01:1 Z o CI] .....:l o C":l In '" C":l If> CO ..,. .,-; ~ In ~ ~ tx. C(l '" o ..-l ~ 0., ",. " '" '0 ~ ~ 0- FOR ASSESSMENT AND TAXATION USE ONLY tUR'V('" TARt E:. 0 u....,.. .~. .~ R =:r- .~. .-- a u_ ...~. .~ " -- .~. - .~ - ~ ...~~ .~- .. -- ...,..,.... ._~ .. u..._ _rr.._. ..- 0 ~ .~. ....- R u_ .~. -- ."..r.... U~ 11:I;II"r ., . ..~...... m ~~ ::~., ~ u_ .~. .'''-,' - ~ .....--. ~ .....-r:..,.' --- ::;~. ~- ~ _"""""1[ ........- .-..... ......,.,.,.11: ..~ ~ . ...... . ~ . D..... u........ I.......... - .~~ ~ :~:.. ...... ..-........11: ..- . o '" o ~- .r~ ...." .~. ......- ....... :~~. -- ....-. ~- .~ - '_r-7P" .- ........,. ":' .- ........ .~ . u..",.. ...- :~l ~= ::::'~. ~. .~. .~ ==- .~.... . 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