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Home My WebLink AboutOrdinance 6366 04/17/2017 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6366 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE MCKENZIE FIRE AND RESCUE FIRE DISTRICT. WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and ORS Chapter 222 to accept, process, and act upon annexations to the City; and WHEREAS, a request to annex certain territory was submitted on January 27, 2017, said territory being a parcel addressed at 7575 McKenzie Highway, identified as Tax Lot 3602 on Lane County Assessor's Map 17-02-35-00, generally depicted and more particularly described in Exhibit A to this Ordinance; and WHEREAS, in accordance with SDC 5.7-125.A and ORS 222.111, the property owners initiated the annexation action by submittal of the required application forms and petition for annexation attached hereto as Exhibit B to this Ordinance; and WHEREAS,the annexation was initiated in accordance with SDC 5.7-125.A and ORS 222 and has been set for public hearing; and WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan General Plan (more commonly known as the Metro Plan)and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits [SDC 5.7-140.A]; and WHEREAS, the annexation is consistent with Metro Plan Policy 10 (page H-C-5) requiring annexation to the City of Springfield as the highest priority for receiving urban services; and WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and efficient manner from service providers within the Urban Growth Boundary as required in Metro Plan Policy 8 (page II-C-4), Policy 15 and Policy 16 (page II-G5), and there is a logical area and time within which urban services and facilities can be delivered; and WHEREAS,the proposed use on the subject annexation territory is consistent with the 2012 Willamalane Park and Recreation District Comprehensive Plan, which was adopted by the Springfield City Council and acknowledged by the Oregon Department of Land Conservation and Development as being meeting the City's obligations for compliance with Statewide Planning Goal 8 (Recreational Needs); and WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City [SDC 5.7-140.6], and to withdraw the subject territory from the McKenzie Fire and Rescue Eire District as Cities of Eugene and Springfield would provide emergency response service directly to the area after it was annexed to the City; and Page 1 of 2 WHEREAS, the applicant and City have executed an Annexation Agreement(Exhibit D) that addresses the timing and financial responsibility for the provision of City services to the subject territory [SDC 5. 7-140.D] and future provision of City right of way across the subject territory; and, WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springf=ield regarding boundary changes dated May 21, 2008; and WHEREAS, on April 3, 2017, the Springfield Common Council conducted a public hearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance. NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section_2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the McKenzie Fire and Rescue Fire District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3, The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. SCCWn ,S. Effective Date of Ordinance. This Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield this 17 day of APRIL , 2017, by a vote of 4 for and 0 against. (2 ABS -- Woodrow & VanGordon) APPROVED by the Mayor of the City of Springfield this 17 day of AERLL-,f , 2017. . ' Mayor ATTEST: REVIEWED&A OVED A5 City RecordUr OFFICE OF CITY ATTORNEY Page 2 of 2 i Exhibit A 1 of 2 Branch E'N�GINEERING- Since 1977 November 14, 2016 civil - transportation' structural - geotechnical SURVEYING �I ANNEXATION LEGAL DESCRIPTION THURSTON HILLS NATURAL AREA PARK TAX MAP: 17-02-35 TAX LOT: 3602 Branch Engineering Inc. Project No. 16-213 j SITUATED in Lane County, State of Oregon in the Southeast 1/4 of Section 35, Township 17 South, Range 2 West Willamette Meridian, being more particularly described as follows: BEING all those un-annexed lands described in that Warranty Deed recorded on June 30, 2006 as Reception Number 2006-045965 in the Lane County Oregon Official Records; being more particularly described as follows: BEGINNING at the most Northerly corner of that certain parcel described in Deed to Elva M. Gray and Veda M. Gray, recorded July 20, 1984, Reception No. 84-29725, Lane County Official Records, in Township 18 South, Range 2 West, Willamette Meridian; THENCE along the following numbered course(s): 1. South 00° 05' 00" East, 549.27 feet to a point; 2. East 308.01 feet to the most Easterly Northeast corner of said parcel, also being a point on the Easterly line of that certain survey filed in the Lane County Surveyor's Office as C.S. 37428; THENCE along the following numbered course(s): 3. North 00° 02' 00" West 101.77 feet to the most Easterly Northeast corner of said survey; THENCE continuing along the Easterly line of said survey the following numbered course(s): 4. South 89° 57' 59" West 93.00 feet to a point; 5. North 00° 07' 59" West 489.84 feet to the most Northerly Northeast corner of said survey, County Surveyor's File No. C.S. 37428, said point also being on the South line of the McKenzie Highway; THENCE along said South line of the McKenzie Highway, the following numbered course(s): 6. South 78° 19' 44" West 220.73 feet (shown as South 78° 22' West on the Tax Map), RETURNING to the POINT of BEGINNING, all in Lane County, Oregon. EUGENE-SPRINGFIELD SALEM-KEIZER 310 5th Street, Springfield, OR 97477 1 p: 541.746.0637 1 www.branchengineering.com D � CD w w o Lr)LL LL U') M(' e8 ('M CD Z p z CD ILlw Almog - a�oNoReoo��Ne Un�rvnmnnninee CO.Ro.NO.783 G;1J'l.�) yl(YC:lY2G/rflY'd'� wg O n °o WN ;^= 10 wm ZO W Z. z J�V) W� aRa a ------------ -- �ouee A o J, m O 0 C k K Z J 3 ti c II3ry oe x F- LU U) w. ozS L33 W QU Oe zgp W 7tR l N W I lw w. I — � �m -„_ to a� Irl- DO o W^ Exhibit B 1 of 90 City of Springfield SPRINGFIELD Development Services Department 3 225 Fifth Street Springfield, OR 97477 Annexation Application Type TV ,Application Type A. . - - Annexation Application Pre-Submittal: D Annexation Application Submittal: lZ ProposalRequired • A„ Complete This Section) Property Owner: City of Springfield field Phone: 541.726.3700 Address: 225 Fifth Street,Springfield OR 97477 Fax: 1/6 E-mail: ggdmaldi@springfield-or.go Owner Signature: Owner Signature: Agent Name: Colin McArthur,AICP Phone 541.485.7385 Company: Cameron McCarthy Landscape Architecture & Planning Fax: 541.485.7389 Address: 160 East Broadway, Eugene, OR 97401 E-mail wlin(gcameronmccarthy.com Agent Signature: If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required,only the owner may sign the petition. ASSESSOR'S MAP NO: 1 17-02-35-00 TAX LOT NOS : 03602 Property Address: 7575 McKenzie Highway Springfield,OR 97478-8697 Area of Request: Acres: 3.03 TSquare Feet: 131,986.8 Existing Use(s) Single Family,Vacant, Undeveloped of Property: Proposed Use Parks and Rec, Trail Head of Property: Required Property Case No.: Date: Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/8/14 BJ Page 8 of 16 Exhibit B 2 of 90 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: _Date: Signature I Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal,and the City may begin processing the application with the information as submitted. Tbis statement selves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete a4llcation. Owner: t 4 Date: Signature �+ Print Revised 4/8/14 BI Page 9 of 16 Exhibit B 3 of 90 City of Springfield SPRINGFIELD Services Department 3 225 Fifth Street Springfield, OR 97477 / Annexation Application Type TV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: 0 Annexation Application Submittal: 1z ,Required • i • • • (Applicant: . • - This Section) Property Owner: Willamalane Park and Recreation District Phone: 541.736.4100 Address: 250 S.32nd St,Springfield OR 97477 Fax: E-mail: ericwgwillamalane.crg Owner Signature: v Owner Signature: Agent Name: Colin McArthur,AICP Phone 541,485.7385 Company. Cameron McCarthy Landscape Architecture& Planning Fax: 541.485.7389 Address: 160 East Broadway, Eugene, OR 97401 E-mail colin@cameronmccarihy.com Agent Signature: If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required,only the owner may sign the petition. ASSESSOR'S MAP NO: 17-02-35-00 1 TAX LOT NOS : 1 03602 Property Address: 7575 McKenzie Highway Springfield, OR 97478-8697 Area of Request: Acres: 3.03 =Square Feet: 131,986.8 Existing Use(s) Single Family,Vacant, Undeveloped of Property: Proposed Use Parks and Rec, Trail Head of Property: Required Property Information (City Intake Staff: Complete This Section) Case No.: Date: Reviewed By: initials Application Fee: Postage Fee: Total Fee: Revised 4/8/14 BJ Page 8 of 16 Exhibit B 4 of 90 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: Date: Signature Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: G r //—)i Date: �r � G� .201 Signature Er l c, Print Revised 4/8/14 BI Page 9 of 16 Exhibit B 5 of 90 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. X Application Fee [SDC 5.7-125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development Services Department. Fees are payable to the City of Springfield. X Petition/Petition Signature Sheet [SDC 5.7-125(8)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre- Submittal, with original copies @ time of application submittal). Consent by Property Owners [ORS 222.170(1)1 If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). X Certification of Ownership [SDC 5.7-125(8)(5)] After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). X Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). X Supplemental Information Form [SDC 5.7-125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre- Submittal, with original copies @ time of application submittal). X Copy of the Deed (required at application submittal) X Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Revised 4/8/14 BJ Page 10 of 16 Exhibit B 6 of 90 X Annexation Description [SDC 5.7-125(B)(9)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. X Cadastral Map [SDC 5.7-125(B)(10)] Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 1/2 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. X ORS 222.173 Waiver Form [SDC 5.7-125(B)(8)] Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. X Public/Private Utility Plan [SDC 5.7-125(B)(12)] A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. X Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5.7-125(B)(13) and (14)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. XThree (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 11" AND BOUND BY RUBBER BANDS. Revised 4/8/14 BJ Page 11 of 16 Exhibit B 7 of 90 CITY OF SPRINGFIELD ANNEXATION APPLICATION WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD January 20, 2017 IIIIIIIIIIIL CAMERON MCCARTHY LANDSCAPE ARCHITECTURE&PLANNING Cameron McCarthy Landscape Architecture&Planning 160 East Broadway, Eugene,OR 97401 Phone 541.485.7385 1 Fax 541.485.7389 www.cameronmccarthy.com Exhibit B 8 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION This page is intentionally left blank Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 INDEX Exhibit B 9 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION INDEX LAND USE APPLICATION FORMS • Annexation, Including: • Application Form • Petition/Petition Signature Sheet with County Certification of Ownership • Ownership Worksheet • Supplemental Information Form WRITTEN STATEMENT 1.0 Project Information ...........................................................................................................1 2.0 Description of Proposal ....................................................................................................3 3.0 Existing Conditions............................................................................................................8 4.0 Submittal Requirements .................................................................................................11 5.0 Approval Criteria and Standards....................................................................................15 EXHIBITS A Petition/Petition Signature Sheet ................................................................................... A BOwners Worksheet .......................................................................................................... B C Supplemental Information Form......................................................................................C DDeed................................................................................................................................... D EPreliminary Title Report.....................................................................................................E FLegal Description...............................................................................................................F GCadastral Map...................................................................................................................G HVicinity Map ....................................................................................................................... H IExisting Conditions Plan ....................................................................................................I J Public/Private Utility Plan..................................................................................................J Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 INDEX Exhibit B 10 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION This page is intentionally left blank. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 INDEX Exhibit B 11 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Written Statement 1.0 PROJECT INFORMATION Applicant's Request: The applicant, Willamalane Park and Recreation District, requests Annexation approval to facilitate the construction of a trailhead to serve Thurston Hills Natural Area Park. Property Owner: Willamalane Park and Recreation District 250S. 32 nd St. Springfield, OR 97478 City of Springfield 2255 1h Street Springfield, OR 97477 Applicant: Eric Wold, CPRE Assistant Superintendent- Parks and Facilities Willamalane Park and Recreation District 250 South 32nd Street Springfield, OR 97478 541-736-4100 ericw@willamalane.org Applicant's Representative: Colin McArthur, AICP Principal Planner Cameron McCarthy 160 E. Broadway, Eugene, OR 97401 541.485.7385 colin@cameronmccarthy.com Project Name: Thurston Hills Natural Area Park Subject Property: Assessor's Map 17-02-35-00 Tax Lot 03602 Location: 7575 McKenzie HWY Springfield, OR 97478-8697 Geographic Coordinates: X 4292746 Y 876206 (State Plane X, Y) Latitude: 44.04620 Longitude: -122.8906° Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 1 Exhibit B 12 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Property Size: 3.03 acres (139,392 SF) Plan Designation: Low Density Residential Plan Overlay Designation: None Zoning Designation: Low Density Residential (LDR) Zone Overlay Designation: Urbanizable Fringe (UF-10) Development Issues Meeting: PRE16-00069 Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 2 Exhibit B 13 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION 2.0 DESCRIPTION OF PROPOSAL 2.1 Overview Willamalane Park and Recreation District (WPRD), the "applicant," requests Annexation approval to facilitate the construction of a trailhead to serve Thurston Hills Natural Area (THNA) Park. In 2013, the City of Springfield adopted the 2012 Willamalane Parks and Recreation Comprehensive Plan, which identifies future needs for parks, natural areas, recreation facilities, programs, and services. The Plan includes specific actions directed toward addressing future needs and ensuring the most effective use of community resources. One such specific action included in the Plan is the acquisition and development a natural area park in the Thurston Hills area. This application is a request for Type IV Annexation approval to incorporate Map 17-02-35-00 Lot 03602, the designated location of the THNA Park trailhead, within Springfield city limits in order to extend key urban services to the property. 2.2 Background In 2006, the City of Springfield and Willamalane jointly purchased the property, identified as the historic Gray Homestead, and in 2008 established an Intergovernmental Agreement for management of said property. The property is within the boundaries of the Thurston Hills Natural Area Park. In 2014, Willamalane acquired 665 acres of property in the Thurston Hills area for the natural area park. Approximately 435 acres of the total acreage is within Springfield's urban growth boundary but outside the existing city limits. The District is also in discussions with landowners to acquire more property along the ridgeline. These land investments will enable Willamalane to preserve views, wildlife habitat and sensitive natural areas; and provide walking, hiking and mountain biking opportunities. Willamalane has been making progress toward the realization of THNA Park through multiple initiatives: ■ Both the 2004 and 2012 Willamalane Comprehensive Plans include strategies to acquire and develop property for a natural area park and trails in the Thurston Hills area. ■ In 2012, Springfield voters approved a Willamalane capital bond package, which included funds identified for acquisition and improvements of a natural area park in the Thurston Hills area. ■ In 2016, Willamalane and the City executed a Memorandum of Understanding (MOU) regarding the development of THNA Park. In 2012, Springfield-area voters approved Measure 20-199, a $20 million Willamalane Park and Recreation District Bond to fund projects aimed at expanding trails and preserving parkland around hillsides, rivers, and streams. The bond measure included funding for the THNA project and represents public support for acquisition and development of THNA Park. Under the terms and conditions of the MOU between Willamalane and the City, trailhead improvements are subject to Site Plan Review application approval and the City may condition the Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 3 Exhibit B 14 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION approval to require submittal of an annexation application for the trailhead area. The trailhead improvements are located entirely on Map 17-02-35-00 Lot 03602. Willamalane received Tentative Site Plan Review approval for the trailhead and associated improvements on September 16, 2016 (TYP216-00037). The following condition of approval was applied to the decision: ■ 3. Prior to Final Site Plan approval the Applicant shall submit an application to annex the trailhead site (i.e. TL 3602) into the City of Springfield. This application represents the request to annex the trailhead site. 2.3 Location and Context THNA Park is located in the southeast portion of Springfield's urban growth boundary (UGB) and is 665.81 acres in size. THNA Park is comprised of 10 tax lots; 6 tax lots are located entirely with Springfield's UGB and land use jurisdiction; and four tax lot are bisected by the UGB and are jointly within Springfield and Lane County land use jurisdiction. Within Springfield's jurisdiction, all of the tax lots are located outside the city limits boundary. Willamalane owns nine of the 10 tax lots outright. One tax lot, Map 17-02-35-00 Lot 03602, the subject of this request, is jointly owned by Willamalane and the City of Springfield. This tax lot is designated Low Density Residential by the Eugene-Springfield Metro Plan and Low Density Residential (LDR) by the City of Springfield Zoning Map. See Table 2-1 THNA Tax Lots. The subject site is bounded to the north by Main Street and to the east, south, and west by Willamalane-owned land within THNA Park. Surrounding property is also is designated Low Density Residential by the Eugene-Springfield Metro Plan and Low Density Residential (LDR) by the City of Springfield Zoning Map. The Applicant has submitted a separate request to concurrently amend the Metro Plan to change to plan designation of all parcels within Springfield jurisdiction from Low Density Residential to Parks and Open Space; and, to amend the Zoning Map to change the zoning designation of all parcels within Springfield jurisdiction from Low Density Residential (LDR) to Parks and Open Space (POS). The subject property, the historic Gray homestead, is accessed by a gravel drive extending from Main Street/McKenzie Highway to an existing residential dwelling. The dwelling, identified as the Heritage House, is rented to a private tenant. Other than gravel drive, there are no other roads on the subject property. Springfield's 2035 Transportation System Plan (TSP) identifies two potential future roadway projects in the vicinity of the subject property: R-45 and R-46. R-45 focuses on improvements within the Jasper-Natron area, and involves constructing multiple roadways between Bob Straub Parkway, Jasper Road, and Mt. Vernon Road. R-46 addresses Bob Straub Parkway to Mountaingate Drive and involves a new collector with a three-lane cross-section with sidewalks and bicycle facilities. The Springfield Conceptual Local Street Map shows several future local streets in the vicinity of the subject property. These future streets include an extension of a private road off of Weyerhauser Road, a connection between Mountaingate Drive and 66th Street, and extensions and Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 4 Exhibit B 15 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION connections of Jessica Street and 691h Street. Planned connections are also anticipated between Daisy Street, Glacier Street, and 79th Street. Table 2-1. THNA Park Tax Lots 17-02-35-00 3500 Low Density Residential Low Density Residential (COS) (LDR) (COS) 17-02-35-00 3602 Low Density Residential Low Density Residential (COS) (LDR) (COS) 17-02-35-00 3604 Low Density Residential Low Density Residential (COS) (LDR) (COS) Forest (LC)/Low Density Impacted Forest(F2) (LC)/ 18-02-02-00 100 Residential (COS) Low Density Residential (LDR) (COS) Forest (LC)/Low Density Impacted Forest(F2) (LC)/ 18-02-02-00 400 Residential (COS) Low Density Residential (LDR) (COS) 18-02-02-00 401 Low Density Residential Low Density Residential (COS) (LDR) (COS) 18-02-03-00 600 Low Density Residential Low Density Residential (COS) (LDR) (COS) 18-02-03-00 602 Low Density Residential Low Density Residential (COS) (LDR) (COS) Forest (LC)/Low Density Impacted Forest(F2) (LC)/ 18-02-09-00 100 Residential (COS) Light Medium Industrial (LMI) (COS) Forest (LC)/Low Density Impacted Forest(F2) (LC)/ 18-02-10-00 100 Residential (COS) Low Density Residential L- I (LDR) (COS) COS denotes City of Springfield;LC denotes Lane County Language included in Recital 16 of the MOU between Willamalane and City regarding the Thurston Hills Natural Area addresses future roadway and street projects. This language is included for reference: "Portions of the area included by Willamalane in the Thurston Hills Natural Area Park are identified for possible future roadway extensions in the City's adopted Conceptual Street Map. City acknowledges that all extensions depicted on the Conceptual Street Map may not be needed given that the Willamalane-owned property will not be developed for residential uses, but that an access for the connectivity and/or public safety purposes may Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 5 Exhibit B 16 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION be required as a condition of approval through the Metro Plan amendment and zone change process." The annexation agreement between Willamalane and the City resulting from this application will address future street extensions. 2.4 Purpose and Need As noted previously, annexation application approval for the THNA Park trailhead is required in order to extend key urban services (water, sewer, power) to the subject property. The need for an Annexation is evidenced by Metro Plan policies that require annexation in order to extend city services to land outside of city boundaries. Metro Plan Growth Management Policy Framework, Policy 8 states: Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. In addition, Policy 21 states: When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method (in order of priority): a. Annexation to a city,- b. ity,b. Contractual annexation agreements with a city, C. Annexation to an existing district, or d. Creation of a new service district. WPRD is planning the development of a trailhead for a natural area park on property located outside city limits. Given the referenced Growth Management Policies, Annexation approval is required to facilitate construction of the trailhead. As a whole, the natural area park will protect the scenic integrity of the Thurston Hills, protect and restore wildlife habitat and vegetation communities in decline; and secure a wildlife and recreation corridor approximately 2.5 miles long, linking established trail networks and other undeveloped natural lands. 2.5 Land Use Requirements The subject property is currently located outside the city limits of the City of Springfield. As described above, this is a request for Type IV annexation approval as specified in SDC 5.7-100. The following action is necessary: ■ Type IV Annexation to enable the extension of city services to a parcel currently outside city limits. In addition, Construction of the trailhead on Tax Lot 03602 requires Type II Site Plan Review approval as specified in SDC 5.17-120, which the Applicant has previously obtained (TYP 216- 00037). Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 6 Exhibit B 17 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Findings demonstrating consistency with applicable policies and approval criteria specific to the annexation request are provided in Section 5 Approval Criteria. The attached materials and enclosed findings demonstrate compliance with all annexation application submittal requirements and criteria listed in SDC Sections: ■ 5.7-100 Annexations; and ■ 5.4-100 Development Applications. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 7 Exhibit B 18 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION 3.0 EXISTING CONDITIONS 3.1 Site Development The subject property is known as the historic Gray homestead and developed with a gravel drive extending from Main Street/McKenzie Highway to a residential dwelling and two accessory structures. The dwelling, identified as the Heritage House, is rented to a private tenant. Willamalane currently has no plans for this use to change in the foreseeable future. Several mature trees surround the Heritage House. The remainder of the subject property is undeveloped. Natural Features Willamalane received a grant from the U.S. Forest Service for the preparation of a community forest plan for a 78.97-acre tract of land in northern portion of THNA Park. The overarching goal of the community forest is to maintain a large tract of productive forestland adjacent to an urban area and introduce public access, recreation, environmental education, and best practices for sustained stewardship. There are four primary vegetation communities within the Park: prairie-savanna, mixed oak-conifer forest, mixed oak-conifer woodland, and mixed conifer-hardwood. The natural area also has numerous invasive species, but no federally listed rare plant species have been found within the boundaries of the park. Of the primary vegetation communities, the subject property most closely resembles the prairie-savanna community. Soils The site is characterized predominantly by different classifications of loam, according to the NRCS soil database. Hills and slopes are the most common landforms where loam is dominant, and is a well-draining substrate. 3.2 Transportation Transportation As noted previously, the subject property is accessed by a gravel drive extending from Main Street/McKenzie Highway to an existing residential dwelling. Other than gravel drive, there are no roads on the subject property. Springfield's 2035 Transportation System Plan (TSP) identifies two potential future roadway projects in the vicinity of the subject property - R-45 and R-46. The Springfield Conceptual Local Street Map shows several future local streets in the vicinity of the subject property. These future streets include an extension of a private road off of Weyerhauser Road, a connection between Mountaingate Drive and 66th Street, and extensions and connections of Jessica Street and 69th Street. Planned connections are also anticipated between Daisy Street, Glacier Street, and 79th Street. Language included in Recital 16 of the MOU between Willamalane and City of Springfield regarding the Thurston Hills Natural Area addresses future roadway and street projects. The annexation agreement between Willamalane and the City resulting from this application will address future street extensions. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 8 Exhibit B 19 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION 3.3 Urban Services Water Service Springfield Utility Board (SUB) has a 12-inch DIP water line that runs east-west along the north side of Main Street. The residual pressure in the area is 35.3 psi and the rate of flow is 1,500 gallons per minute. The water line has capacity to serve the subject property. Wastewater Service The Crossway Estates Development project installed an 8-inch PVC gravity sewer main that runs northerly along the alignment of 75th Street beginning approximately 100 feet north of the Center intersection of 75th Street and Main Street. The southern terminus of the existing sewer line is located approximately 120 feet west and 160 feet north of Tax Lot 03602 and is the nearest connection point. Stormwater Service There are three different facilities serving parcels in the vicinity of Tax Lot 3602: ■ A 24-inch concrete stormwater main which runs westerly along the south side of Main Street beginning approximately 800 feet west of Tax Lot 3602. Stormwater runoff from Tax Lot 3602 is currently conveyed to this system via roadside ditches. ■ A 12-inch RCCP storm sewer pipe installed during the Crossway Estates Development project that runs northerly along the west side of 75th Street located approximately 15 feet northwest of the above mentioned 8-inch PVC gravity sewer main. The southern terminus of the 12-inch RCCP storm sewer pipe is approximately 130 feet west and 175 feet north of Tax Lot 3602. ■ The northerly flowing, 75th Street Creek crosses Main Street via a 32-inch diameter concrete culvert approximately 110 feet east of Tax Lot 3602. This may serve as a discharge point for runoff treated on-site. Electrical Service The Springfield Utility Board (SUB) provides electric services within the City of Springfield's city limits under the authority of the Springfield City Charter. SUB has overhead three-phase primary power lines along the north side of Main Street and a single-phase service to feed the subject property. Solid Waste Service A private service provider serves the subject property. Sanipac provides solid waste management services in conjunction with Short Mountain Landfill, which is administered by Lane County and has adequate capacity. Emergency Services The subject property is within the five-minute service response area of Eugene Springfield Fire Station 16. Currently the subject property is within the McKenzie Fire & Rescue Fire Protection District, but will be withdrawn upon annexation approval. Police Services Currently, the City of Springfield police provide police services to the areas within the city limits adjacent to the subject property. Following annexation, the City of Springfield police will provide Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 9 Exhibit B 20 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION police protection for the subject property. In addition, wire and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the subject property generally receives services from these private providers. Communication Services Wire and wireless communication services are provided throughout Springfield and the subject property can generally receive services from private providers. Education Services Springfield School District 19 provides K-12 educational needs in Springfield. The subject property is within the service area boundaries of Thurston Elementary School, Thurston Middle School, and Thurston High School. Refer to Exhibit J Public/Private Utility Narrative for a more detailed discussion of key urban facilities and services. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 10 Exhibit B 21 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION 4.0 SUBMITTAL REQUIREMENTS Described below are each of the procedural and informational requirements necessary for the submittal of an Annexation application. Findings of compliance with applicable policies and approval criteria are provided in Section 5 Approval Criteria. 4.1 Annexation Submittal Requirements .1 Application Fee [SDC 5.7-125(B)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development Services Department. Fees are payable to the City of Springfield. The required filing fee of $553.00 is included with the initial submittal. The Annexation fee of $3,623.65 will be provided with the tentative submittal. .2 Petition/Petition Signature Sheet [SDC 5.7-125(B)(2)]: To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). Photocopies may be submitted at Pre-Submittal, with original copies at the time of application submittal. Consent by Property Owners [ORS 222.170(1)]: If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). The signed Petition Signature Sheet (Form 1) and the updated Ownership Worksheet (Form 2) are included as Exhibits A and B. .3 Certification of Ownership [SDC 5.7-125(B)(5)]: After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. Photocopies may be submitted at Pre- Submittal, with original copies at the time of application submittal. The County's Certification of Ownership is provided on the Petition Signature Sheet (Form 1), included as Exhibit A. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 11 Exhibit B 22 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION .4 Ownership Worksheet: Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. Photocopies may be submitted at Pre- Submittal, with original copies at the time of application submittal. The Ownership Worksheet is included as Exhibit B. .5 Supplemental Information Form [SDC 5.7-125(B)(1) and (11)]: Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. Photocopies may be submitted at Pre-Submittal, with original copies at the time of application submittal. The Supplemental Information Form is included as Exhibit C. .6 Copy of the Deed The deed pertaining to the subject site is included as Exhibit D. .7 Preliminary Title Report The preliminary Title Report is included as Exhibit E. .8 Annexation (Legal) Description [SDC 5.7-125(B)(9)]: A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. An electronic copy of the required legal description and hard copy are included as Exhibit F. .9 Cadastral Map [SDC 5.7-125(B)(10)]: Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 '/2 x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 12 Exhibit B 23 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. Three (3) print copies and one (1) digital copy (.pdf format) of the cadastral map are included as Exhibit G in accordance with the aforementioned requirements. .10 ORS 222.173 Waiver Form [SDC 5.7-125(B)(8)]: Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. The waiver is not applicable to this application. .11 Public/Private Utility Plan [SDC 5.7-125(B)(12)]: A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and Public Works staff will work with the applicant to complete the Annexation Agreement. The Public/Private Utility Plan is included as Exhibit J. .12 Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5.7-125(B)(13) and (14)] A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable, fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. The preceding written narrative explains the proposal and includes all information relevant to determining future action. Findings of compliance with the applicable criteria are provided in Section 5.1 Annexation Approval Criteria. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 13 Exhibit B 24 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION .13 Three (3) copies of the previously required information with all plans and attachments folded to 8112s by 11" and bound by rubber bands. All copies of the previously required information are folded to 8.5" by 11" and are bound by rubber bands. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 14 Exhibit B 25 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION 5.0 APPROVAL CRITERIA Findings of compliance that establish the consistency of this request with applicable approval criteria are provided in Section 5.1. 5.1 Annexation Approval Criteria (SDC 5.7-140) The request is subject to annexation approval in accordance with SDC 5.7-140 Annexation Approval Criteria. The Applicant acknowledges the need to demonstrate timing, appropriateness, legality, and availability of services and the following narrative accompanying the Annexation Application Form provides such demonstration. A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake or other body of water. The subject property is located outside the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Boundary and within Springfield's urban growth boundary (UGB). As shown on Exhibits H (Vicinity Map) and G (Cadastral Map), the subject site is contiguous to Springfield city limits. The subject property consists of Map Number 17-02-35-00 Lot 03602. The property is jointly owned by Willamalane and the City of Springfield. As noted previously, Springfield's city limits boundary is coterminous with the subject property's northern boundary, which runs parallel to the city limits boundary along the McKenzie Highway, and is therefore contiguous to Springfield city limits within Springfield's UGB. Accordingly, this criterion is satisfied. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Metro Plan A determination of consistency with the Metro Plan relates to the proposed use (trailhead to serve Thurston Hills Natural Area Park); the process by which the use is reviewed within the Metro Plan's regulatory framework (annexation); and the Metro Plan's development objectives and outcomes (e.g., annexation and its relationship to urban form). The Metro Plan serves as the subject property's regulating comprehensive plan. Containing five chapters, the Metro Plan provides policy direction for natural features, growth management, land uses, and transportation systems within the growth management system, and additional aspects of development consistent with the intent of the Springfield Development Code (SDC). Page II-G-I of the Metro Plan states: "... statements in this section that prescribe specific courses of action regarding the community's future should be regarded as policies." Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 15 Exhibit B 26 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION According to the Metro Plan Diagram (Policy Framework G), the Low Density Residential (LDR) zoning designation applies to the subject site. The Plan identifies residentially designated land as: "...available for auxiliary uses, such as streets, elementary and junior high schools, neighborhood parks, other public facilities, neighborhood commercial services, and churches not actually shown on the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential designations if compatible with refinement plans, zoning ordinances, and other local controls for allowed uses in residential neighborhoods." Springfield's Residential Land and Housing Element, adopted through Ordinance 6268, found that there was a surplus of buildable land in the Low Density Residential designations in 2010. Given the Metro Plan's guidance and in consideration of the findings in ECONorthwest's Residential Land and Housing Needs Analysis for Springfield, the intended use for public recreational purposes demonstrates consistency with the Metro Plan and will complement potential opportunities for future residential uses in Springfield as opposed to preventing them. In addition, TYP413-00003 found that the projects contained in Willamalane's 2012 Park and Recreation Comprehensive Plan, and specifically acquisition and development of THNA Park, will not negatively affect Springfield's residential land inventory. Chapter II of the Metro Plan contains Subsections A through G. Pages II-C-1 through II-C-8 of the Metro Plan establish the Growth Management Goals, Findings, and Policies within Chapter II, Subsection C. The remaining subsections do not directly apply to the request. However, Subsections A and B, Fundamental Principles and Metropolitan Goals, respectively, establish the framework for the subsections that follow, including Subsection C. Of the policies contained in Subsection C, nine policies (presented below in italics) are potentially relevant to the request and are presented in associated topics rather than in the order listed in the Metro Plan: Policy C.1: The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB. Policy C.8: Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that. a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. b. There will be a logical area and time within which to deliver urban services and facilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. Policy C.10: Annexation to a city through normal processes shall continue to be the highest priority. Policy C.16: Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 16 Exhibit B 27 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Policy C.17: Eugene and Springfield and their respective utility branches, Eugene Water& Electric Board (EWEB) and Springfield Utility Board (SUB), shall be the water and electrical service providers within the UGB. Policy C.21: When unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by the following method (in priority order). a. Annexation to a city; b. Contractual annexation agreements with a city; c. Annexation to an existing district (under conditions described previously in Policy #20); or d. Creation of a new service district (under conditions described previously in Policy #15). As demonstrated herein, the request is for annexation approval in accordance with the adopted 2012 Willamalane Park and Recreation Comprehensive Plan. Approval of subsequent land use applications will be required prior to future development. The Metro Plan's General Finding (1) on page 1-8 states: "Orderly metropolitan growth cannot be accomplished without coordination of public investments. Such coordination can be enhanced through use of the `Public Facilities and Services Plan'and scheduling of priorities." Oregon Statewide Planning Goal 14, Growth Management, sets forth the provision to use urban, urbanizable, and rural land in an efficient manner. The Metro Plan also stipulates that future development "...encourage orderly and efficient conversion of land from rural to urban uses in response to urban needs, taking into account metropolitan and statewide goals." In so doing, the Metro Plan demonstrates the request's consistency with said provisions; the subject site's location satisfies the following statement on page II-C-1 of the Plan: "To effectively control the potential for urban sprawl and scattered urbanization, compact growth and the urban growth boundary(UGB)are, and will remain, the primary growth management techniques for directing geographic patterns of urbanization in the community. In general, this means the filling in of vacant and underutilized lands, as well as redevelopment inside the UGB." The site is within Springfield's UGB and is adjacent to Springfield's city limits and existing residential development. The request is to annex property in accordance with Policy C.21(a), thereby enabling minimal extensions of existing sewer, water, and electrical lines to the site. The THNA Park project, which includes the subject site, is planned for future development. The aforementioned service providers will continue to serve the site. Willamalane requests annexation into city limits pursuant to SDC 5.7-100 and in conformance with Metro Plan Policy C.10 and C.16. In so doing, Willamalane does not request annexation to other special service districts without first requesting to annex into Springfield city limits. 1. Beneficial results of compact urban growth include: Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 17 Exhibit B 28 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION a. Use of most vacant leftover parcels where utilities assessed to abutting property owners are already in place. b. Protection of productive forest lands, agricultural lands, and open space from premature urban development. d. Decreased acreage of leapfrogged vacant land, thus resulting in more efficient and less costly provision and use of utilities, roads, and public services such as fire protection. Pages II-E-1 through II-E-2 establish the need to allow for the orderly development of Urban and Urbanizable Land. Page II-E-1 provides steps so that such development may occur: "The actual annexation and rezoning of the land (with accompanying public hearing processes, including Lane County Local Government Boundary Commission approval);" and, "Extension of public capital improvements (in accordance with programming and funding availability)." The request demonstrates conformance with all Plan Factors specified in the Urban Growth Boundary section in the Metro Plan's Policy Framework G, Metro Plan Diagram (pages II-G-12 through II-G-14), through compliance with the above-stated Metro Plan Policies on pages 18 through 20, herein. The Plan Factors and corresponding "results," as stated on page II-G-12, explain the intent of the UGB and the effects of this intent. Because the Factors and "results" of this section address development for and within the entire UGB, the request's conformance to the following Factors is achieved by default: ■ Factor G.1: "Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals;" ■ Factor G.2: "Need for housing, employment opportunities, and livability," ■ Factor G.3: "Orderly and economic provision for public facilities and services;" ■ Factor G.4: "Maximum efficiency of land uses within and on the fringe of the existing urban area;" ■ Factor G.5: "Environmental, energy, economic, and social consequences;" ■ Factor G.6: "Retention of agricultural land, as defined, with Class 1 being the highest priority for retention and Class VI the lowest priority,"and ■ Factor G.7. "Compatibility of the proposed urban uses with nearby agricultural activities." The site, located just outside Springfield city limits but within the UGB, is located in accordance with additional considerations that balance community needs for Springfield's residents and public agencies alike. The Metro Plan further explains priorities on pages III-A-10 through III-A-13: "The disadvantages of a too-compact UGB can be a disproportionately greater increase in the value of vacant land within the Eugene-Springfield area, which would contribute to higher housing prices" (Metro Plan, page 11-C-2, Finding 3). Thus, the request is consistent with the Plan's Factor G.5: Environmental, energy, economic, and social consequences (see page II-G-13 of the Metro Plan) and Finding 4: Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 18 Exhibit B 29 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Finding Ci.4: "Periodic evaluation of land use needs compared to land supply provides a basis for orderly and non-excessive conversion of rural land to urbanizable land and provides a basis for public action to adjust the supply upward in response to the rate of consumption" (Metro Plan, page 11-C-2). Lane County's 2009 adopted coordinated population forecast for Lane County and its incorporated cities include figures for Springfield for 2010 and 2030. With greater specificity applied to Springfield, the Residential Land and Housing Needs Analysis (RLHNA) presents findings for Springfield's anticipated land need and supply. The RLHNA includes the coordinated population forecast within Springfield city limits and the UGB for 2010 to 2030. The forecast for the population within Springfield city limits is 74,814 persons for 2030—an increase of 15,923 persons. The UGB forecast for 2030 is 81,608 persons—an increase of 14,577 persons during the 20-year planning period. Willamalane's 2012 Park and Recreation Comprehensive Plan acknowledges that Willamalane must increase services, parks, and facilities in order to maintain the current level of service for the planning area. The aforementioned plans and studies are periodic in nature and are thus in accordance with the following Oregon Administrative Rules when recognizing updates to plans and studies in order to address community needs as they change: • OAR 660-024-0030: Population Forecasts (Stat. Auth.: ORS 197.040); • OAR 660-024-0040: Land Need (Stat. Auth.: ORS 197.040); and • OAR 660-025-0070: Need for Periodic Review (Stat. Auth.: ORS 197.040 & 197.633). Policy C.9:A full range of key urban facilities and services shall be provided to urban areas according to demonstrated need and budgetary priorities. As previously noted, the site is located within Springfield's UGB. Accordingly, it is within an area that is planned for expansion and redevelopment, as the UGB defines the extent of urban development and service expansion over the planning period. Future development will require minimal extension of services. Although applicable to governments, the Applicant assumes the cost of extending services to the site for the future THNA Park trailhead project. As described in Section 3 and incorporated herein by reference, Willamalane's planned parks on Map 2-3 of the Willamalane Park and Recreation Comprehensive Plan reflect the needs, goals, and actions to maintain level of service. Map 2-3 and project numbers 3.8 and 3.9 of Willamalane's 2012 Park and Recreation Comprehensive Plan (page 42) depict the THNA project under proposed "Natural Area Park Projects." The 2012 Plan responds to a growing population, deficiencies in serving Springfield's current population, identified community needs and provides strategies, actions, a capital improvement and operations plan and performance measures to ensure the most effective use of community resources. Policy C.22: Cities shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement, or when a health hazard annexation is required. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 19 Exhibit B 30 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION This policy is directed toward local governments. The Annexation Petition and Consent Forms are enclosed with the application. Moreover, the request does not entail the future development of a residence or business on the site. Policy C.25: When conducting metropolitan planning studies, particularly the Public Facilities and Services Plan, consider the orderly provision and financing of public services and the overall impact on population and geographical growth in the metropolitan area. Where appropriate, future planning studies should include specific analysis of the growth impacts suggested by that particular study for the metropolitan area. Agency-initiated metropolitan planning studies do not directly apply to the request. The request does not entail the creation, adoption, or amendment of a metropolitan planning study. However, as demonstrated in Section 3, the request fulfills the needs identified in Willamalane's Park and Recreation Comprehensive Plan, Willamalane's associated CIP, and the Springfield 2014 Transportation System Plan. Community needs assessments and ECONorthwest's Residential Land and Housing Needs Analysis for Springfield support the future actions presented in the plans, which generated Willamalane's present request for annexation. Of the Specific Elements in Chapter III of the Metro Plan, the policies of the Residential Land Use and Housing; Environmental Design; Transportation; Public Facilities and Services; Parks and Recreation; and Citizen Involvement Elements apply to the request and/or to the larger purpose of the project. The Policies contained in the Economic, Environmental Resources, Willamette River Greenway, Historic Preservation, and Energy Elements do not directly apply to the request. The following narrative addresses each element in the context of the THNA project in its entirety, with the basic assumption that the annexation's approval facilitates the project's development. Metropolitan Residential Land Use and Housing Element Residential Land Supply and Demand A.3: Provide an adequate supply of buildable residential land within the UGB for the 20-year planning period at the time of Periodic Review. In June 2011, the City of Springfield adopted an ordinance amending the Metro Plan to adopt the Springfield 2030 Refinement Plan Residential Land Use and Housing Element and to establish a separate Springfield Urban Growth Boundary pursuant to ORS 197.304. The ordinance included the Springfield Residential Land and Housing Needs Analysis, which is an "analysis of land supply and housing demand prepared by ECONorthwest that incorporates input from citizens, stakeholder groups, commissions, and elected officials received throughout a multi-year citizen involvement process that included a Residential Lands citizen advisory committee, online public surveys, community workshops, work sessions, open houses and public hearings." This analysis applies to the concurrent, separate request for a Metro Plan and Zoning Map amendment, which addresses the removal of land from the residential inventory. According to the Springfield Residential Land and Housing Needs Analysis, Springfield has a 378- acre surplus of Low Density Residential land, and a 300-acre deficit of Parks and Open Space Land. In regard to parks and open space land, the technical analysis on page 71 states: Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 20 Exhibit B 31 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION "The Parks and Open designation has a deficit of 300 acres. This need does not imply that the City should expand the UGB for parks and open space. The City has a surplus of buildable lands in the low and medium density residential plan designations that can provide land for future parks within those designations, consistent with the objectives of the adopted Park and Recreation Comprehensive Plan. A portion of the parks and open space need can also be met on residentially designated land that has constraints and therefore is not counted as buildable acres (e.g. ridgeline trail systems)." As discussed above, the technical analysis identifies a deficit of land in the Parks and Open Space designation and includes an estimate of future land needs. The estimate of lands needed for parks and open space uses a parkland standard of 14 acres per 1,000 persons based on the level of service standard established in the 2004 Parks and Recreation Comprehensive Plan, which projected need for parkland in Springfield between 2002 and 2022. Based on the level of service standard, an additional 357 acres of parks and open space land is needed by 2030. The estimates of parks and open space land needs in the Springfield Residential Land and Housing Needs Analysis and 2012 Plan are consistent (357 acres and 364 acres, respectively). The projected deficits of 357 acres in the Springfield Residential Land and Housing Needs Analysis and 364 acres in the 2012 Plan fall within the estimated surplus of buildable land remaining in the UGB for residential use in Springfield by 2030. In addition, Statewide Planning Goal 8 allows cities and park districts to acquire land for park uses outside of urban growth boundaries. Willamalane's service district boundary and planning area extend outside the Springfield UGB in some areas. However, a majority of the proposed parkland is within the UGB on residentially designated land, a portion of which is land that has constraints and therefore is not counted as buildable acres. Overall, annexing the subject property into city limits will not have a negative impact on the residentially-zoned land supply. Based on these findings, the proposed amendment is consistent with the Residential Land Use and Housing element of the Metro Plan. Environmental Resources Element Forest Lands C.5 Metropolitan goals relating to scenic quality, water quality, vegetation and wildlife, open space, and recreational potential shall be given a higher priority than timber harvest within the UGB. C.7a Conserve forest lands by maintaining the forest land base and protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 21 Exhibit B 32 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Riparian Corridors, Wetlands, and Wildlife Habitat C.8 Local governments shall develop plans and programs which carefully manage development on hillsides and in water bodies, and restrict development in wetlands in order to prevent erosion and protect the scenic quality, surface water and groundwater quality, forest values, vegetation, and wildlife values of those areas. The proposal will not amend, supersede, or violate any adopted regulations, plans, or programs that manage development impacts on natural resources. The overall proposal will protect the amount of open space along the ridgeline, and will create a community forest. As discussed in the THNA Park management plan, there are currently no documented occurrences of endangered or threatened plant or wildlife species on the subject site. Regardless, the project is intended to preserve the area with management practices aimed at protecting all species. The park will also conserve forestland through a community demonstration forest, and the trailhead will protect the scenic quality of the hillside. Based on these findings, the proposal is consistent with the Environmental Resources Element. Open Space C.21 When planning for and regulating development, local governments shall consider the need for protection of open spaces, including those characterized by significant vegetation and wildlife. Means of protecting open space include but are not limited to outright acquisition, conservation easements, planned unit development ordinances, streamside protection ordinances, open space tax deferrals, donations to the public, and performance zoning. Willamalane currently manages approximately 783 acres of land in 37 parks and three undeveloped properties, including two parks classified as Natural Area Parks. "Environment" and "Stewardship" are two of Willamalane's Core Values (2012 Plan, p. 8), and the 2012 Plan is guiding the proposed development of THNA Park. One of the "General Parks and Natural Areas Strategies" in the 2012 Plan that is applicable to the proposed park and supports the policies in the Environmental Resources Element of the Metro Plan is as follows: "A7. Work with interested parties to acquire and preserve natural areas for future generations." (2012 Plan, p. 27) In addition, four "Natural Area Park Strategies" in the 2012 Plan that will be applied to the Thurston Hills Natural Area support the goals and policies in the Environmental Resources Element of the Metro Plan. "A39. Acquire and develop a system of natural-area parks that protects, conserves and enhances elements of the natural and historic landscape that give the region its unique sense of place." (2012 Plan, p. 39) "A40. Develop comprehensive natural resource management plans for natural areas as a basis for making acquisition, development and restoration decisions." (2012 Plan, p. 39) Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 22 Exhibit B 33 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION "A41. Provide opportunities for nature-based recreation, such as wildlife viewing, fishing, hiking, bicycling, nature play, etc." (2012 Plan, p. 39) "A42. Protect and enhance a variety of habitat types within Willamalane's park and open space system, including upland and wildlife communities such as oak savannah, wetlands, upland prairie and riparian forest." (2012 Plan, p. 39) These strategies are applicable to the proposed annexation and subsequent park development. The park will be public regional open space, and will preserve vegetation and wildlife through the trailhead, trails, and a community demonstration forest. The proposed annexation facilitates the project's development. Based on these findings, the proposed amendment is consistent with the Environmental Resources Element of the Metro Plan. Environmental Design Element E.1 In order to promote the greatest possible degree of diversity, a broad variety of commercial, residential, and recreational land uses shall be encouraged when consistent with other planning policies. E.2 Natural vegetation, natural water features, and drainage-ways shall be protected and retained to the maximum extent practical. Landscaping shall be utilized to enhance those natural features. This policy does not preclude increasing their conveyance capacity in an environmentally responsible manner. E.5 Carefully develop sites that provide visual diversity to the urban area and optimize their visual and personal accessibility to residents. The Environmental Design Element of the Metro Plan sets broad goals and policies for the desired qualities of life in the Eugene-Springfield area. The proposed annexation and subsequent trailhead development has the capacity to increase the amount of recreational land use in Springfield, and has the potential to offer the first mountain biking recreational area in the city. In addition, by annexing land zoned Low Density Residential and changing the designation to Parks and Open Space, natural vegetation can be protected and retained to the maximum extent practical. The core use of the Natural Park as defined by Willamalane is for "wildlife habitat and natural resource conservation," with an 80/20 split in land designated for preservation versus land for recreation. The proposed annexation with subsequent trailhead development also enables visual diversity by creating a richer interface between the urban-rural boundary. Based on these findings, the proposed amendment is consistent with the Environmental Design Element of the Metro Plan. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 23 Exhibit B 34 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Transportation Element Transportation System Improvements: Roadways F.14 Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Large-scale future transportation needs for the City of Springfield are identified in Springfield's 2035 Transportation System Plan (TSP). Currently there are two potential future roadway projects proposed to occur within the THNA Park area (R-45 and R-46) according to the TSP. Several future local streets are proposed in the Springfield Conceptual Local Street Map. Language included in Recital 16 of the MOU between Willamalane and the City regarding the THNA project addresses future street extensions: "Portions of the area included by Willamalane in the Thurston Hills Natural Area Park are identified for possible future roadway extensions in the City's adopted Conceptual Street Map. City acknowledges that all extensions depicted on the Conceptual Street Map may not be needed given that the Willamalane-owned property will not be developed for residential uses, but that an access for the connectivity and/or public safety purposes may be required as a condition of approval through the Metro Plan amendment and zone change process." The proposed annexation and subsequent development will not disrupt roadway system improvements or the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and emergency vehicles. The annexation agreement between Willamalane and the City resulting from this application will address future street extensions consistent with this policy. The Metro Plan's Public Facilities and Services Element (pages III-G-1 through III-G-15) provides direction for public and private development regarding urban facilities and services. A functional plan of the Metro Plan, the Public Facilities and Services Plan identifies specific utility infrastructure projects to guide priorities for decision-making regarding improvement and/or expansion projects in the Eugene-Springfield area. The majority of the policies contained therein direct action toward Lane County and the Cities of Eugene and Springfield. Annexation requests for properties within the City of Springfield's jurisdiction must demonstrate that public infrastructure can serve the site in an orderly, efficient, and timely manner under SDC 5.7-140C. Accordingly, the Applicant demonstrates conformance with the Public Facilities and Services policies contained in the Metro Plan under the findings for SDC 5.7140C. Parks and Recreation Facilities Element H.1 Develop a system of regional-metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 24 Exhibit B 35 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION The Goal of the Parks and Recreation Facilities Element is to provide a variety of parks and recreation facilities to serve the diverse needs of the community's citizens (Metro Plan, III-H-4). The proposed annexation is required to enable development of a natural area park, and further satisfies the needs for a larger parks inventory and increased level of service in Springfield. Based on these findings, the proposed amendment is consistent with the Parks and Recreation Facilities Element of the Metro Plan. Citizen Involvement Element K.2 Maintain and adequately fund a variety of programs and proceduresfor encouraging and providing opportunities for citizen involvement in metropolitan area planning issues. Such programs should provide for widespread citizen involvement, effective communication, access to technical information, and feedback mechanisms from policymakers. The development of THNA Park is shaped by citizen involvement from its inception to its implementation. The Willamalane Park and Recreation Comprehensive Plan was updated in 2012, using feedback from surveys, public events, and outreach activities. This feedback sparked the development of the park and the project was listed in the 2012 Plan as a key area of development. Springfield-area voters approved Measure 20-199 in 2012, a$20 million Willamalane Park and Recreation District Bond, which provided further support for the project and funded the expansion of trails and preservation of parkland around hillsides, rivers, and streams. The Planning Commissions of both Springfield and Lane County will meet jointly to review the annexation proposal, and the City Council will hold public hearings and accept public testimony on the proposal. Citizens will also have the opportunity to participate in the subsequent design process for the natural area park. Based on these findings, the proposed annexation is consistent with the Citizen Involvement Element of the Metro Plan. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient and timely manner; and The Metro Plan provides policy direction regarding requests for annexation approval. By way of consistency with the Metro Plan and approval of land use applications and permits to fulfill the Applicant's vision, the minimum level of key urban facilities and services can be provided in an orderly and efficient manner within a logical timeframe. Pages III-G-1 through III-G-15 of the Metro Plan set forth the Plan's Public Facilities and Services Element. As stated on page III-G-1, "[t]he policies in this element complement Metro Plan Chapter II-A, Fundamental Principles, and Chapter II-C, Growth Management." The request addresses Chapter II-C, as the Applicant does not request to extend utility infrastructure outside the Springfield UGB or Springfield city limits. Therefore, the request will allow Springfield and the entire metropolitan area to develop a "timely, orderly, and efficient arrangement of public facilities and services..." The following policies that do not specifically address governmental action are potentially relevant to the subject request: Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 25 Exhibit B 36 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Policy G.1: Extend the minimum level and full range of key urban facilities and services in an orderly and efficient manner consistent with the growth management policies in Chapter ll- C, relevant policies in this chapter, and other Metro Plan policies. Policy G.2: Use the planned facilities maps of the Public Facilities and Services Plan to guide the general location of water, wastewater, stormwater, and electrical projects in the metropolitan area. Use local facility master plans, refinement plans, and ordinances as the guide for detailed planning and project implementation. Policy G.9: Eugene and Springfield and their respective utility branches, EWEB and SUB, shall ultimately be the water service providers within the UGB. The Applicant's acknowledgement of pages III-G-1 through III-G-15 of the Metro Plan and page III- G-1, whereby: "The policies in this element complement Metro Plan Chapter II-A, Fundamental Principles, and Chapter II-C, Growth Management" demonstrates that all required development features will remain within the UGB in order to allow Springfield to develop a "timely, orderly, and efficient arrangement of public facilities and services..." as confirmed by the Existing Conditions Plan (Exhibit 1). The Applicant does not propose extension of water, sewer, or electrical service outside the UGB. The low-impact nature of a trailhead and natural area park will require minimal extension of utilities. The following plans guide extension of urban services to the project area and are the basis for improvements proposed herein to address Policies G.1 and G.2: The Vicinity Map (Exhibit H) shows the subject parcel in the southeast corner of Springfield and within the Urban Growth Boundary. The subject site is bounded to the north by Main Street, and other undeveloped Willamalane-owned land to the south, east, and west. The site is accessed by a gravel road off of Main Street and the McKenzie Highway. The Metro Plan defines "minimum level of key urban facilities and services" as: "Wastewater service, stormwater service, transportation, solid waste management, water service, fire and emergency medical services, police protection, city-wide parks and recreation programs, electric service, land use controls, communication facilities, and public schools on a district-wide basis (in other words, not necessarily within walking distance of all students served." As shown on the Existing Conditions Plan (Exhibit 1), the following utility infrastructure and urban services are in the vicinity of the site or currently serve the site: Transportation As noted previously, the subject property is accessed by a gravel drive extending from Main Street/McKenzie Highway to an existing residential dwelling. Other than gravel drive, there are no roads on the subject property. Springfield's 2035 Transportation System Plan (TSP) identifies two potential future roadway projects in the vicinity of the subject property - R-45 and R-46. The Springfield Conceptual Local Street Map shows several future local streets in the vicinity of the subject property. These future streets include an extension of a private road off of Weyerhauser Road, a connection between Mountaingate Drive and 66th Street, and extensions and connections of Jessica Street and 691h Street. Planned connections are also anticipated between Daisy Street, Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 26 Exhibit B 37 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Glacier Street, and 79" Street. Language included in Recital 16 of the MOU between Willamalane and City of Springfield regarding the Thurston Hills Natural Area addresses future roadway and street projects. The annexation agreement between Willamalane and the City resulting from this application will address future street extensions. Water Service Springfield Utility Board (SUB) has a 12-inch DIP water line that runs east-west along the north side of Main Street. The residual pressure in the area is 35.3 psi and the rate of flow is 1,500 gallons per minute. The water line has capacity to serve the subject property. Wastewater Service The Crossway Estates Development project installed an 8-inch PVC gravity sewer main that runs northerly along the alignment of 75th Street beginning approximately 100 feet north of the Center intersection of 75th Street and Main Street. The southern terminus of the existing sewer line is located approximately 120 feet west and 160 feet north of Tax Lot 03602 and is the nearest connection point. Stormwater Service There are three different facilities serving parcels in the vicinity of Tax Lot 3602: ■ A 24-inch concrete stormwater main which runs westerly along the south side of Main Street beginning approximately 800 feet west of Tax Lot 3602. Stormwater runoff from Tax Lot 3602 is currently conveyed to this system via roadside ditches. ■ A 12-inch RCCP storm sewer pipe installed during the Crossway Estates Development project that runs northerly along the west side of 75th Street located approximately 15 feet northwest of the above mentioned 8-inch PVC gravity sewer main. The southern terminus of the 12-inch RCCP storm sewer pipe is approximately 130 feet west and 175 feet north of Tax Lot 3602. ■ The northerly flowing, 75th Street Creek crosses Main Street via a 32-inch diameter concrete culvert approximately 110 feet east of Tax Lot 3602. This may serve as a discharge point for runoff treated on-site. Electrical Service The Springfield Utility Board (SUB) provides electric services within the City of Springfield's city limits under the authority of the Springfield City Charter. SUB has overhead three-phase primary power lines along the north side of Main Street and a single-phase service to feed the subject property. Solid Waste Service A private service provider serves the subject property. Sanipac provides solid waste management services in conjunction with Short Mountain Landfill, which is administered by Lane County and has adequate capacity. Emergency Services The subject property is within the five-minute service response area of Eugene Springfield Fire Station 16. Currently the subject property is within the McKenzie Fire & Rescue Fire Protection District, but will be withdrawn upon annexation approval. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 27 Exhibit B 38 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION Police Services Currently, the City of Springfield police provide police services to the areas within the city limits adjacent to the subject property. Following annexation, the City of Springfield police will provide police protection for the subject property. In addition, wire and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the subject property generally receives services from these private providers. Communication Services Wire and wireless communication services are provided throughout Springfield and the subject property can generally receive services from private providers. Education Services Springfield School District 19 provides K-12 educational needs in Springfield. The subject property is within the service area boundaries of Thurston Elementary School, Thurston Middle School, and Thurston High School. Refer to Exhibit J Public/Private Utility Narrative for a more detailed discussion of key urban facilities and services, the findings of which are incorporated by reference herein. Accordingly, Criterion "C" is satisfied. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. (6212) The City has the authority to require and specify mitigation through an Annexation Agreement or other mechanism. If warranted under this criterion, the City can impose and condition an Annexation Agreement or other mechanism in conjunction with approval of the Applicant's request. This provision notwithstanding, the enclosed findings and documentation submitted herewith demonstrate that the Applicant assumes the full cost of infrastructure and extension of services necessary to serve the site. Therefore, mitigation of the cost of providing infrastructure to the site through an Annexation Agreement is not applicable to the request. Any future mitigation requirements can be deferred and conditioned as part of subsequent land use approvals. The above findings coupled with the City's authority to mitigate for any fiscal impacts provide sufficient demonstration that Criterion "D" is satisfied. 5.2 Conclusion Based on available information, supporting materials, and findings in Section 5.1, the request is consistent with all applicable approval criteria and provisions. Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 28 Exhibit B 39 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBITS Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibits Exhibit B 40 of 90 Exhibit B 41 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT A PETITION/PETITION SIGNATURE SHEET Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit A a3 p += ro ro CfdC: I U i _ � I ra x y-- o m C x x fuq 0 X C U ` CL k W M cE rt.) LU v Q) C) O a -C L L ,N 4= E o N N o N c p zo m m o Ln -0 M ro s E 41 0 X p tf) MA C f6 C D cn E u oOf � o 0 0 U'i .0 c ti r w O U a c. r ami L -0 v ro ro m 4-J v o O N to C o o a) o {o LLIa � C Q ro D. [tea tU[f' al .�-. o LU r c > 1 v 111x _0 mm mm p U O L CC E QN m �m rn~ T fo c-a N U i �m cn C 41ID 0 "C OC � 0 � � u� cXi� 0 N Z A c u ai N E 0 O cois 4� o (o (f) 4m- 1L h-i O fV C N L O ❑ c v y., ru Ln u cn t C XN �� +� Q a) '� i•� v ,_0 $ ro OO > o E� —fu g i ` � � Z Kiri L a y ° ro L O Vl Z ro Q aJ CU L 4� u (D L°c 4- .r N m p � D D L � v a. LU 3 0. w � v a) o ° R cu y o C m o 4� v c v c Z3 oo r as 3� Jmo m o f 0 0 Lo CLfl; Lh oin E w 2 Z Gl1 0 ° 7 U) m OC o Q (D o0 � W L o Z CL y 3 ) L:. CL 0 L L f0.q L •Vy i� 4 O1.v O � L O 13) CL cn E —� 0 v o � r a 3: Z a w , -0 U O in � � ' f- O a f0 Q r- Ln o A m 0 0 �, UT :EZ; *' � v 4-1 00 X uU) N00 � V i� �,Ice aJ o v Exhibit B 43 of 90 Exhibit B 44 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT B OWNERS WORKSHEET Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit B Exhibit B 45 of 90 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No 17-02-35-00-3602 Willamalane Parks &Rec 3.03 $158,824 N Y 17-02-35-00-3602 City of Springfield 3.03 $158,824 N Y l� fl 1' TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL Z NUMBER OF OWNERS WHO SIGNED 2 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 3.03 ACREAGE SIGNED FOR 3.03 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL $158,824.00 VALUE CONSENTED FOR $158,824.00 PERCENTAGE OF VALUE CONSENTED FOR $158,824.00 Revised 4/8/14 BI 13 of 16 Exhibit B 46 of 90 Exhibit B 47 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT C SUPPLEMENTAL INFORMATION FORM Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit C Exhibit B 48 of 90 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete aH the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Colin McArthur, AICP E-mail: Colin@cameronmccarthy.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 1 • Other Uses: None • Land Area: 131,986.8 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s). Low Density Residential • Existing Land Use(s): Single Family, Vacant • Applicable Comprehensive Plan(s): Eugene-Springfield Metropolitan Area General Plan • Applicable Refinement Plan(s): None • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. See attached narrative. • Are there development plans associated with this proposed annexation? Yes X No If yes, describe. Trail head to serve THNA park • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes X No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The site is contiguous on the northern boundary along the frontage of McKenzie Highway and Main Street. Revised 4/8/14 BI Page 14 of 16 Exhibit B 49 of 90 Does this application include all contiguous property under the same ownership? Yes X No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District ❑ Springfield School District ® McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD ❑ SUB X Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in addition to applicant(s), such as an agent or legal representative. Eric Wold Colin McArthur,AICP Willamalane Park and Recreation District Cameron McCarthy Landscape Architecture&Planning (Name) (Name) 250 S. 32nd St 160 East Broadway (Address) (Address) Springfield OR 97477 Eugene, OR 97401 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Revised 4/8/14 BI Page 15 of 16 Exhibit B 50 of 90 Exhibit B 51 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT D DEED Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit D RETURN TU GASUAUt u►I.t UU. Division of Chief Deputy Clerk _■- Lane County Deeds and Records c T� �� II I II 11111111111111111111111111111111111 $41,00 TITLE NO. 0245374 U'T 00820171200600459650040040 06/30/2006 10;44;41 N ESCROW NO. EU05-1318 RPR–DEED Cnt=1 Stn=1 CASHIER 05 TAX ACCT.NO. 0142750 $20.00 $11.00 $10.00 MAP/TAX LOT NO, 170235#3602 WARRANTY DEED--STATUTORY FORM ELVA M.GRAY,Grantor, conveys and warrants to WILLAMALANE PARK AND RECREATION DISTRICT,A SPECIAL DISTRICT OF THE STATE OF OREGON,AND THE CITY OF SPRINGFIELD,A MUNICIPAL CORPORATION OF THE STATE OF OREGON,AS TENANTS IN COMMON,EACH WITH AN UNDIVIDED 50%INTEREST,Grantee, the following described real property free of encumbrances except as specifically set forth herein: SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFERENCE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER CHAPTER 1,OREGON LAWS.2005(BALLOT MEASURE 37(2004)).THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY UNDER CHAPTER 1,OREGON LAWS 2005(BALLOT MEASURE 37(2004)). Except the following encumbrances: Covenants,Conditions,Restrictions and Easements of record. and Restrictions as described on attached Exhibit"B" The true consideration for this conveyance is$200,000.00 . Dated this 2 day of aLyk ELVA M.GRAY State of Oregon County of LANE This instrument was acknowledged before me on 2006 by ELVA M.GRAY. OFFICIAL-SEAL GREG ALLEN HUNT �.V k NOTARY PUBLIC•OREGON 42 Nota Public foon MV CCOMMI SC'MMISCOMMISS PI ESONaY61.1 OOfi My commission expires Oregon) G1� ELVA M.GRAY Greg Allen Hunt Until a change is requested Attorney at Law all tax statements shall be 2296 Oakmont Way sent to the following address: Eugene,Oregon 97401 *** GRANTOR'S NAME AND ADDRESS SAME AS GRANTEE*** WILLAMALANE PARK AND After recording return to: RECREATION DISTRICT 200 South Mill Street CASCADE TITLE CO. Springfield, OR 97477-7303 811 WILLAMETTE GRANTEE'S NAME AND ADDRESS EUGENE,OR 97401 APPR D I C tTc L�F,et.% Aq 20-oo-1— APPROVED Signed �__ ,. �c�r�� MA20 {�GQrou�d �pr Acord`sty Signedts� v N. Q Q9"W atd►alaine- 176Cr 4 Reosf ea4� WRD Exhibit B 53 of 90 EXHIBIT "A" Beginning at the most Northerly corner of that certain parcel described in Deed to Elva M. Gray and Veda M. Gray, recorded July 20, 1984, Reception No. 84- 29725, Lane County Official Records, in Township 18 South, Range 2 West, Willamette Meridian; thence South 0° 5' East, 549.27 feet to a point; thence East 308.01 feet to the most Easterly Northeast corner of said parcel, also being a point on the Easterly line of that certain survey filed in the Lane County Surveyor's Office as C.S. 37428; thence North 0° 02' 0" West 101.77 feet to the most Easterly Northeast corner of said survey; thence continuing along the Easterly line of said survey South 89° 57' 59" West 93.00 feet and North 0° 07' 59" West 489.84 feet to the most Northerly Northeast corner of said survey, County Surveyor's File No. C.S. 37428, said point also being on the South line of the McKenzie Highway; thence South 781 19' 44" West along said South line of the McKenzie Highway to the point of beginning, all in Lane County, Oregon. LEGAL Exhibit B 54 of 90 EXHIBIT "B° (Homestead Property) The Homestead Property shall be subject to the following use and maintenance restrictions: I. Only public and private gatherings, residential and parks and open space uses shall be permitted on the Homestead Property, but such uses shall be further restricted as provided herein; provided that the existing historic homestead residence(the"Historic Home") may be used and occupied as a single family residence; and provided further that underground utilities and stormwater bioswales and detention ponds are permitted on the property. 2. All industrial and/or commercial uses, except commercial rental for public and private gatherings, are strictly prohibited,provided,however,that office and interpretive center uses within the Historic Home shall be permitted 3. The Historic Home shall be repaired and maintained in good condition. The grounds shall be maintained in a park-like condition. Provided, however,that except as otherwise required by law, the repair and maintenance obligations described in this section be governed by the Pre-Development Agreement between Heritage,City and District. 4. No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except up to two (2) domestic dogs and two (2) domestic cats and other ordinary household pets may be kept if the Historic Home is used as a single family dwelling, provided that they are not kept, bred or maintained for any commercial purpose and do not create objectionable noise or odor. In no event shall any wild or dangerous dog or cat be kept or bred on the property. Assistance animals(e.g.Seeing Eye dogs)are permitted on the property. 5. No noxious,offensive or illegal activities shall be permitted on the property, nor shall the property be used in any manner that creates an unreasonable annoyance or nuisance to adjacent property owners. Such prohibited activities shall include, but not be limited to, excessive noise,offensive smells or fumes and any activity that would create a health hazard. 6. Trash, garbage and other waste shall only be kept in sanitary containers,emptied regularly. All cans, bins, compactors or other equipment for the storage of or disposal of such material shall be kept in a clean and sanitary condition and shall be screened from sight of adjoining lots and streets;provided,however,that individual litter receptacles may be located as appropriate for convenient and efficient servicing by District. 7. No external,television,radio or other antennae or other similar structures may be erected in any location on the property. Any installed satellite dish must be as small as commercially provided in the area and be wall mounted only.Any clotheslines must be screened from view off the property. 8. If Phase I of the residential development (adjacent to the Homestead Property) has not begun by June 30, 2016, then these deed restrictions are null ,and void. Page 1 Exhibit B 55 of 90 If the use restrictions set forth herein are less restrictive than restrictions or requirements imposed by any federal,state,city or county law,rule or ordinance,the more restrictive statute, rule or ordinance shall apply. i 3 Page 2 Exhibit B 56 of 90 Exhibit B 57 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT E PRELIMINARY TITLE REPORT Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit E Exhibit B 58 of 90 1570 Mohawk Boulevard• Springfield, OR 97477 260 Country Club Rd,Ste 120•Eugene, OR 97401 P.O. Box 931 • Springfield, OR 97477 P.O. Box 10211 •Eugene, OR 97440 Phone: 541.741.1981 s Phone: 541.687.9794 Fax: 541.741.0619 ', Fax: 541.687.0924 Ever reen Lana Title U Company TITLE INSURANCE SERVICES • ESCROW CLOSINGS December 14, 2016 Order No. 16-12745 SUPPLEMENTAL TITLE REPORT Willamalane Park& Recreation District Estimated Premium for: 250 S. 32nd Street PARTIAL BILLING $200.00 Springfield, OR 97478 TOTAL $200.00 Attn: Ronni Price e-mail: ronnip@willamalane.org Dear Ronni Price: We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT"A"ATTACHED HERETO Showing fee simple title as of December 09, 2016, at 8:00 a.m., vested in: WILLAMALANE PARK AND RECREATION DISTRICT,A SPECIAL DISTRICT OF THE STATE OF OREGON,AND THE CITY OF SPRINGFIELD,A MUNICIPAL CORPORATION OF THE STATE OF OREGON,AS TENANTS IN COMMON, EACH WITH AN UNDIVIDED 50% INTEREST. (PARCEL 1) WILLAMALANE PARK AND RECREATION DISTRICT,A POLITICAL SUBDIVISION OF THE STATE OF OREGON, (PARCEL 2) Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 16-12745 Page 1 of 4 Exhibit B 59 of 90 SCHEDULE B GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS: 6. The real property taxes for the fiscal year 2016-2017 are exempted by virtue of Municipal ownership. The company assumes no liability should the exempt status be lifted and taxes levied. (Map No. 17-02-35-00-03602, Code 19-09,Account No. 0142750, Map No. 17-02-35-00-03604, Code 19-09,Account 0142784, Map No. 17-02-35-00-03604, Code 19-01,Account No. 0142776) 7. The Assessment Roll and the Tax Roll disclose that the premises herein described have been specially assessed as Farm Use Land. If the land becomes disqualified for the special assessment under the statute, an additional tax may be levied and in addition thereto a penalty may be levied if notice or disqualification is not timely given. "This report (policy) does not include any search for financing statements or agricultural services, liens which are filed with the Secretary of State and any matters which would be disclosed, thereby are expressly omitted from coverage herein." NOTE: Postponed in 1996 for a total potential tax of$6,284.42 -Account No. 142784 and $1,261.20 -Account No. 142776, due and collectible if sold to non auto exempt entity. 8. Rights of the public in any portion of said premises lying within the limits of streets, roads and highways. 9. Easement, granted to Eugene-Springfield Land &Water Company, including the terms and provisions thereof, by instrument Recorded April 13, 1936, Reception No. 41630, Lane County Oregon Records. 10. Right of Way Easement for Transmission Line, granted to the City of Eugene, including the terms and provisions thereof, by instrument Recorded September 21, 1909, Book 85, Page 21, Lane County Oregon Records. 11. Permit and Easement, granted to the City of Eugene, Lane County, Oregon for the use and benefit of the Eugene Water& Electric Board, including the terms and provisions thereof, by instrument Recorded February 17, 1982, Reception No. 82-05017, Lane County Oregon Records. 12. Springfield Utility Board Right of Way Easement, granted to the City of Springfield, a municipal corporation acting by and through its Springfield Utility Board, including the terms and provisions thereof, by instrument Recorded March 20, 1997, Reception No. 97-18765, Lane County Oregon Records. Order No.: 16-12745 Page 2 of 4 Exhibit B 60 of 90 13. Easement Agreement, between Gray Jaqua Cook, LLC, an Oregon limited liability company and Lawrence J. Clifford and Cherrill G. Clifford, husband and wife, including the terms and provisions thereof, by instrument Recorded February 27, 2004, Reception No. 2004-013846, Lane County Oregon Records. 14. Restrictions for Homestead Property, as disclosed in deed Recorded June 30, 2006, Reception No. 2006-045965, Lane County Oregon Records. 15. Reciprocal Access Easement Agreement, including the terms and provisions thereof, by instrument Recorded March 17, 2015, Reception No. 2015-010549, Lane County Oregon Records. 16. Public Utility Easement, granted to the City of Springfield, including the terms and provisions thereof, by instrument Recorded December 5, 2016, Reception No. 2016-060435, Lane County Oregon Records. 17. Improvement Agreement including Notice of Potential Assessment Lien, including the terms and provisions thereof, between the City of Springfield and Willamalane Park& Recreation District, by instrument Recorded December 5, 2016, Reception No. 2016-060436, Lane County Oregon Records. Taxes, Map No. 17-02-35-00-03604, Code 19-01,Account No. 0142776, 2016-2017, $27.48, paid in full. NOTE: The address of the property to be insured herein is: 7575 Mckenzie Highway, Springfield, OR 97478. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) WILLAMALANE PARK AND RECREATION DISTRICT, CITY OF SPRINGFIELD, and as of December 09, 2016, none were found. NOTE: Said property lies outside the city limits, therefore, is not subject to city liens. NOTE: SUPPLEMENTED TO UPDATE REPORT AND NEW EASEMENT AND AGREEMENT. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: Joseph M Silence Title Officer cc: NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Order No.: 16-12745 Page 3 of 4 Exhibit B 61 of 90 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 Beginning at the most Northerly corner of that certain parcel described in Deed to Elva H.Gray and Veda H.Gray, recorded July 20, 1984, Reception No.8429725, Lane County Official Records,in Township 18 South, Range 2 West,Willamette Meridian;thence South 00 5' East,549.27 feet to a point;thence East 308.01 feet to the most Easterly Northeast corner of said parcel,also being a point on the Easterly line of that certain survey filed in the Lane County Surveyor's Office as C.S. 37428;thence North 00 02'0"West 101.77 feet to the most Easterly Northeast corner of said survey;thence continuing along the Easterly line of said survey South 89'57'59" West 93.00 feet and North 0°07' 59"West 489.84 feet to the most Northerly Northeast corner of said survey,County Surveyor's File No. C.S.37428,said point also being on the South line of the McKenzie Highway;thence South 780 19'44" West along said South line of the McKenzie Highway to the point of beginning, all in Lane County, Oregon. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF THE JAMES C. LOONEY AND WIFE DONATION LAND CLAIM NO. 85 IN SECTION 2,TOWNSHIP 18 SOUTH, RANGE 2 WEST AND CLAIM NO.54, IN SECTION 35, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND RUNNING THENCE NORTH ON THE EAST LINE OF SAID JAMES C. LOONEY CLAIM,A DISTANCE OF 3273 FEET TO THE SOUTH LINE OF THE RIGHT OF WAY OF HIGHWAY NO. 126,SAID RIGHT OF WAY LINE BEING 40 FEET SOUTH (MEASURED AT RIGHT ANGLES TO CENTER LINE OF HIGHWAY); THENCE SOUTH 78'22'WEST ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126,A DISTANCE OF 379.5 FEET;THENCE RUNNING SOUTH 219.78 FEET;THENCE RUNNING SOUTH 781 22'WEST 198 FEET;THENCE RUNNING NORTH 219.78 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126;THENCE RUNNING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126,A DISTANCE OF 95 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED IN LOT NO, 1 TO VEDA M. GRAY, ET AL, BY DEED RECORDED DECEMBER 19, 1961, RECEPTION NO,53715, DEED RECORDS OF LANE COUNTY, OREGON; THENCE RUNNING SOUTH 01 5' EAST,A DISTANCE OF 500 FEET;THENCE RUNNING SOUTH 890 42' EAST, A DISTANCE OF 93 FEET;THENCE RUNNING SOUTH 015' EAST,A DISTANCE OF 2635 FEETTO A POINT ON THE SOUTH LINE OF THE SAID JAMES C. LOONEY AND WIFE DONATION LAND CLAIM;THENCE RUNNING SOUTH 89142" EAST,A DISTANCE OF 569.35 FEETTO THE PLACE OF BEGINNING,ALL IN LANE COUNTY, OREGON. Order No.: 16-12745 Page 4 of 4 Exhibit B 62 of 90 7575 MCKENZIE HWY, SPRINGFIELD MAP NO. 17-02-35-00-03602 / 03604 _ SEE MAP LEI' U �� 17023541 3xC MAP j 17023532 w - 441 1 I EC R — LC 48 � 3602 �° 851000 oe- ._Ppe.ury na 3605 3705 38.06 QC —------- __ __ _ I_._._.___________.___--.]E � 3702 E;m 7.1 P[ 3604 SSW COR I aI AC N DAVIS W nsr NE COR .__ I�eEO>°c rfA ULC 50 5 T MAYNARD oLcaa a a � � SEE P 1623 4 § sgvavas _ d SE Al 17 30 019 09 APPROX SEE MAP 5 vA>t g W I H COR 023533 i E 37061 war � � I.eS ari SMAY 1 0 3534 ..1410=c..,,� - ^ < 370 c F 5 f p oe7 3701 6.E.COR. 05 000JJ-e00 CCCCCDJOo ©pff� 6C��GEpgo O A P 11 CO 2 P 01 — 01 EMAP 1802031 < SEE MAP OG'O SEE MAP ,10020212 0y" p °_� 18020100 R'vE l SEE MAP 18020200 O - SEE MAP p N6L6LLi J 4�eer 6 I SE COR_ LL EE MAY y �� J.LO ONLY CLC NC S51 SPRINGFIELD SEE MAW sm IT—I - - .�IDOP99.a[3oIDo© -A 1662631^� I / 17023500 THIS MAP IS TO ASSIST LOCATING PROPERTY. THE COMPANY ASSUMES NO LIABILITY FOR INACCURACIES. N Courtesy of41 W�f Evergreen Land Title Co. era, 541.741.1981 �Iggr 5 EvergreenLandTitle.com ,;,,,„I< e Exhibit B 63 of 90 Lane County Property Taxes Due Report Tax Account # 0142750 Alternate Property# (maplot) 17-02-35-00-03602 Tax Code Area (TCA) 01909 Location 7575 MCKENZIE HWY SPRINGFIELD, OR 97478-8697 Taxpayer WILLAMALANE PAR K& REC DIST 250 S 32ND ST SPRINGFIELD, OR 97478 Property Values & Taxes Real Market Value (RMV) Land Improvement Total Total Assessed Value Tax 2016 192,108 121,432 313,540 163,589 0.00 2015 179,912 89,510 269,422 158,824 0.00 Current Year Assessed Value 163,589.00 Less Exemption Amount ('I6�13'58� -.-'.00) Taxable Value 0.00 Frozen Assessed Value 0.00 Exemption Type Cities and Towns; Municipal Other Account Status Account Status Account Status Notes .Active Account Current Tax Year Remarks none Taxes Due for Account # 0142750 Delinquent Interest (if applicable) Computed Through: 12/14/2016 The tax shown is the amount certified in October unless a value change has been processed on the property, resulting in a tax correction. Value changes typically occur as a result of appeals, clerical errors and omitted property. Taxes &Assessments due for Account Number 0142750: $0 If this report displays $0 Taxes and Assessments Due, and does not display the description/breakdown lines(s) above it, please contact Assessment and Taxation to verify the balance. Exhibit B 64 of 90 Lane County Property Taxes Due Report Tax Account # 0142784 Alternate Property# (maplot) 17-02-35-00-03604 Tax Code Area (TCA) 01909 Location Taxpayer WILLAMALANE PARK& RECREATION DISTRICT 250 S 32ND ST SPRINGFIELD, OR 97478 Property Values & Taxes Real Market Value (RMV) Land Improvement Total Total Assessed Value Tax 2016 372,621 0 372,621 223,059 0.00 2015 346,796 0 346,796 216,562 0.00 Current Year Assessed Value 223,059.00 Less Exemption Amount (2213, 5D-.;�.00) Taxable Value 0.00 Frozen Assessed Value 0.00 Exemption Type Municipal Other Account Status Account Status Account Status Notes .Active Account Current Tax Year Code Split 0142776 Remarks Potential Additional Tax; 96 Postponed Farm Tax $6,284.42-collectable if not an automatic exempt entity Taxes Due for Account # 0142784 Delinquent Interest (if applicable) Computed Through: 1211412016 The tax shown is the amount certified in October unless a value change has been processed on the property, resulting in a tax correction. Value changes typically occur as a result of appeals, clerical errors and omitted property. Taxes &Assessments due for Account Number 0142784: $0 If this report displays $0 Taxes and Assessments Due, and does not display the description/breakdown lines(s) above it, please contact Assessment and Taxation to verify the balance. Exhibit B 65 of 90 Lane County Property Taxes Due Report Tax Account # 0142776 Alternate Property# (maplot) 17-02-35-00-03604 Tax Code Area (TCA) 01901 Location Taxpayer WILLAMALANE PARK& RECREATION DISTRICT 250 S 32ND ST SPRINGFIELD, OR 97478 Property Values & Taxes Real Market Value (RMV) Land Improvement Total Total Assessed Value Tax 2016 347,642 0 347,642 281,337 27.48 2015 323,548 0 323,548 273,143 24.75 Current Year Assessed Value 281,337.00 Less Exemption Amount (281,3�37.00) Taxable Value 0.00 Frozen Assessed Value 0.00 Exemption Type Municipal Other Account Status Account Status Account Status Notes .Active Account Current Tax Year Code Split 0142784 Remarks Potential Additional Tax; 1996 Postponed Farm Tax $1,261.20 due & collectable if sold to Non Auto Exempt Entity Taxes Due for Account # 0142776 Delinquent Interest (if applicable) Computed Through: 1211412016 The tax shown is the amount certified in October unless a value change has been processed on the property, resulting in a tax correction. Value changes typically occur as a result of appeals, clerical errors and omitted property. Year Description Tax Min. Due Bal. Due Due Date 2016 Fire Patrol District Principal 27.48 0.00 0.00 11/15/2016 Taxes &Assessments due for Account Number 0142776: $0.00 If this report displays $0 Taxes and Assessments Due, and does not display the description/breakdown lines(s) above it, please contact Assessment and Taxation to verify the balance. Exhibit B 66 of 90 Privacy Policy Notice As adopted July 1 , 2001 Everareen Land Title Company Private Policy Notice PURPOSE OF THIS NOTICE —itle `,' of the Gran nn-Leach-Blile - Act 1,GLBAj aereralhll proqil,its an-Y- financial instit.iton, directl,� o� through its affiliates f�om sharirg nonp.iblic I.erscral in-ormation about --ou °.:it7 a ronaffiliated third party unless the institution pro--.-ides yo.A -.pith a rotice of its p-ivacy polio es a-id p�actices, s.ici .as the type cf i1lfoMmati07 that it co ects aoout 'you anc tn& c;Ftegori&s of p&-sons or entit es to .avho— it may be discl�osec. n c�ompl anc& °,•.its Me GLBA: °,•,e ve p�o--Jding ou ,:ith Mis doCLlment, °,:Ii ch notifes yo-i o- the privac-.1, policies anc practices 0f Evergreen Lard Tit Coml.an -. Vv'e ma_r collect r01lpLibl c perscral Wormation al,-DLit yo.A from the following sources: • Informat on -we recei-..-e from -:au, s.Ac i as an applicaticns o-ether farms. • Informat an aocut your transactions r.& secure ftm our =ales. or f�o— our affiliates cr oMers. • Informat an gra recei-..-e fro ill a const,—er reporting agenc-r. • Info rmat on that °r.& receive -rom othe�s i°,of°,ad in 'y0Lir transactior; such as the real estate acaert o, lender. Unless it is so&cifically stated otherr,isei an amendec Pr-.racy Policy Notice, no additional nonpublic personal iWormation -, ill be collected ab0Lit'you � -� 'e may disclose any 0f the above ° for—ation that collect abo.it our cList-ome,s 0r for—er custonm&rs to our afl ate 0r to nonaf iIiated th -d parties as o&nmmitted I:_r' lair. 'M"°,'e also may disclose this information aoout our customers o� =ormer customers to the follov.ing t:oes of nonaffiliat&d ccmpar es teat perform marketing ser..-ic&s 0n our be-ialf or °.-rith -.;ham -.Pre have joint nmarketing agreements: • Financial service pro-..-iders rich as co—oanies engaged in banking, consui—er fina-1ce. s&cvities and i'1suranc&. • Non-financial companies such as envelope staffers anc of-ivr fu fillill ent ser,-c p ro-..:i c e rs, Vv'E DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORC'rlA— ON ABOUT YOU ANYONE ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PER[AITTED BY Vv'e resM.-t access to iorpuolic personal info-mation abo,it -;0Li to t'ICS& e1lmp0Ve&s .6-110 neec too kno.,a that nfor—atior in order to orov de oroducts o- ser.-ices to :0u. 'a','e maintaiim I,1--ysica1. &ectron c and proc&dLiraI safe juards that comol-Ir °rriti fed era. regiIaLions to ;ward 'V0Lir n-rpuoIic perso laI information Exhibit B 67 of 90 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement;includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited,the City of Springfield, hereinafter referred to as City,and WJ�`I(W rcome P&A-� ?_UY* A hereinafter referred to as Applicant, do covenant and agree with respect to the real property described below as follows: 1. Applicant warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 below and, as owner, has the authority to enter into this Improvement Agreement with the City of Springfield. 2.Applicant desires Development Approval from the City with respect to the following Development ApplicationP2��S1- bOC7 � 3. The development will cause both an immediate and long-term demand on the various public facilities of City and Lane County including the specific public improvements necessitated by the development as set forth in paragraph 6. 4. This Improvement Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public improvement that the development necessitates. The objective is to promote efficiency, coordination, and spread casts by providing an opportunity for a district wide improvement mechanism where construction occurs in a coordinated project with the participation of adjacent and other properties in the area, instead of requiring immediate improvement in conjunction with each development application. There is no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require construction of the improvements in the future at City discretion. 5. (a) Applicant and City agree that Applicant will pay the cost of the following public facility improvements described in Paragraph 6 in accordance with respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements. (b) Applicant and City acknowledge and agree that the cost of such improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned if the improvements were constructed immediately or by Applicant now or later. (c) Applicant acknowledges that the timing of the construction of such improvements is within the sole and exclusive direction of the City. 6. (a)STREET IMPROVEMENTS alo g the frontage of to I elude: ❑ surface paving; torm sewers; ['sanitary sewers; c rbs; Y gutters; ❑ planter strips; �street trees; 2 street lights; [KI sidewalks. (b)TRAFFIC SIGNALS at the intersection of (c)OTHER IMPROVEMENTS APPLICANT'S NAME&ADDRESS: LaneCounty Clerk pr ILane CountyDeeds and Records ZsS,3Z4Sx f, $62, Q0 5?9W(rP6u ,01C �7f � Id 111111111111111111111111111 1111 4 01617372201600604350030039 12/05/2016 02;03;12 PM RETURN TO:CITY OF SPRINGFIELD RPR-AGRE Cnt=2 Stn=15 CASHIER 01 PUBLIC WORKS DEPT.-225 FIFTH ST.- $5.00 $15.00 $10.oo $11.00 $21.00 SPRINGFIELD,OREGON 97477 C:1Usermchi15009%DesktopTamitsand ApplicationslLandUseApplicationsUmprovementAgreementCorpomlion.docx REVSSEDIanuary,2012 Page 1 of 3 Exhibit B 68 of 90 WHEREFORE, the parties above named have hereunto set their hands and seals on lacm 1�o'a1, 20L�. APPLICANT: [ Signature:D � �jpErQtnITF�L17�ry�� UyILL�i�'t�L11N (Title&Company) PRINT NAME: V j��k� 7yliQ-lZ7C�rZEL,L,Q_ Signature: (Title&Company) PRINT NAME: STATE OF OREGON SS COUNTY OF LANE " This instrument was acknowledged before me on 20_L�by >t/Yt GQ Ctrl l0�{ ) as 54, Of�AA4,7 A . andto?-Io'Lu c. OFFICIAL STAMP RITA FRANCINE GRIMES NOTARY PUBLIC-OREGON COMMISSION NO.944700 NY CONN€SSIONEXPIRES NOVEMBER 22,2019 NO�P u r regon CITY OF SPRINGFIELD: Reviewed and approved By (No notary required) Development Services Department, Planning Division Accepted by Chris Moorhead-City Surveyor STATE OF OREGON COUNTY OF LANE I SS This instrument was acknowledged before me on 20_& by Chris Moorhead as City Surveyor of the City of Springfield qPubtic-for-Oregdn OFFICW.STAMP JONATHAN LEE ARISCOLI. NOTARY PUSUG4)REGON COMMISSION NO.OW17 MY COMMISSION E71pIR63 JANUARY 21,201$ C:lUserslchilS00g1DesktoplPermits and Applicationsll.andUwApplicatiom%lmprovementAgreementCorporation.doex REVISFD January,2012 Page 3 of 3 a Exhibit B 69 of 90 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: L3�u2 Beginning at the most Northerly corner of that certain parcel described in Deed to Elva H. Gray and Veda H.Gray, recorded July 20, 1984, Reception No.8429725, Lane County Official Records, in Township 18 South, Range 2 West, Willamette Meridian;thence South 00 5' East, 549.27 feet to a point; thence East 308.01 feet to the most Easterly Northeast corner of said parcel, also being a point on the Easterly line of that certain survey filed in the Lane County Surveyor's Office as C.S. 37428;thence North 00 02'0" West 101.77 feet to the most Easterly Northeast corner of said survey;thence continuing along the Easterly line of said survey South 89° 57' 59" West 93.00 feet and North 0°07' 59"West 489.84 feet to the most Northerly Northeast corner of said survey, County Surveyor's File No. C.S. 37428,said point also being on the South line of the McKenzie Highway;thence South 780 19'44"West along said South line of the McKenzie Highway to the point of beginning, all in Lane County,Oregon. PARCEL 2: IL--5 U o Lf BEGINNING AT THE SOUTHEAST CORNER OF THE JAMES C. LOONEY AND WIFE DONATION LAND CLAIM NO.85 IN SECTION 2, TOWNSHIP 18 SOUTH, RANGE 2 WEST AND CLAIM NO. 54, IN SECTION 35, TOWNSHIP 17 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND RUNNING THENCE NORTH ON THE EAST LINE OF SAID JAMES C. LOONEY CLAIM,A DISTANCE OF 3273 FEET TO THE SOUTH LINE OF THE RIGHT OF WAY OF HIGHWAY NO. 126,SAID RIGHT OF WAY LINE BEING 40 FEET SOUTH (MEASURED AT RIGHT ANGLES TO CENTER LINE OF HIGHWAY); THENCE SOUTH 78°22'WEST ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126,A DISTANCE OF 379.5 FEET,THENCE RUNNING SOUTH 219.78 FEET,THENCE RUNNING SOUTH 781 22'WEST 198 FEET;THENCE RUNNING NORTH 219.78 FEETTO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126; THENCE RUNNING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY NO. 126,A DISTANCE OF 95 FEETTO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED IN LOT NO, 1 TO VEDA M. GRAY, ET AL, BY DEED RECORDED DECEMBER 19, 1961, RECEPTION NO,53715, DEED RECORDS OF LANE COUNTY, OREGON; THENCE RUNNING SOUTH 01 V EAST, A DISTANCE OF 500 FEET;THENCE RUNNING SOUTH 890 42'EAST, A DISTANCE OF 93 FEET;THENCE RUNNING SOUTH 015' EAST,A DISTANCE OF 2635 FEETTO A POINT ON THE SOUTH LINE OF THE SAID JAMES C. LOONEY AND WIFE DONATION LAND CLAIM;THENCE RUNNING SOUTH 891 42' EAST,A DISTANCE OF 569.35 FEET TO THE PLACE OF BEGINNING,ALL IN LANE COUNTY, OREGON. Exhibit B 70 of 90 PUBLIC UTILITY EASEMENT n L9 Tax Map&Lot Numbers 0-02-35-00 1-L-0-3coa (on the date of execution) THIS INDENTURE MADE and entered into this day of M(x)e�VWW ,20 1U.by and between VJ� �CA W1Uu&YV- + ,hereinafter referred to as the Grantor(s),and the CITY OF SPRINGFIELD,a municipal corporation, in Lane County,Oregon, hereinafter referred to as Grantee. WITNESSETH: In consideration of the acceptance by the Grantee,and for Grantee's use or holding of said easement for present or future public use,Grantor(s)hereby grants,bargains,sells and conveys unto the said Grantee,a perpetual easement i 0 feet in width, together with the right to go upon said easement area hereinafter described in Exhibit"A"for the purpose of constructing,reconstructing, maintaining and using PUBLIC UTILITIES, which may hereafter be installed on the following described property,to wit: SEE EXHIBIT"A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE TO HAVE AND TO HOLD said easement unto said Grantee and Grantee's heirs, successors and assigns forever. THE CONSIDERATION for this conveyance is , ^,INWITNESS WHEREOF,the Grantors above named have hereunto set their hands and seals on SIGNATURE: V1PI 1&.yYI (04I-Q �Wk 0-1'l� rnAr+orer�a TITLEaMIpa,Y) PRINT NAME AidBa4BBRE99 t[t rlCr� 2CJlD ( Th1 c _ SIGNATURE: (TITLE&COMPANY) PRINT NAME AND ADDRESS: STATE OF OREGON COUNTY OF LANE This instrument Jwas facknorwl ledged before me on -} r I r ,20/(2 by Ill[VlC.Qn� Par{4rp- !P as S P/�ylLYi of �.f�i.f4awcLlQl2.e -36L f}4s_ . OFFICIAL STAMP RITAFRANCINEGRIME3 Nota i PubGcfe Or on NOTARY PUBLIC•OREGON COMMISSION NO.944700 MY COMMISSION EXPIRES NOVEMBER 22,2019 THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon,is hereby approved,and the title or interest conveyed therein is hereby accepted. CITY OF SP GFIELD BY ll AN't; L Chris M&orhead-City of Springfield Surveyor Date Lane County Clerk Lane County Deeds and Records 111111111111111111111111i111111111111111111111111 $77,00 01617368201600604350030037 12/05/2016 02:03;12 PM RETURN TO:CITY OF SPRINGFIELD RPR-ESMT Cnt=l Stn=15 CASHIER 01 PUBLIC WORKS DEPT.-225 FIFTH ST.- $15.00 $20.00 $1o.00 $11.00 $21.00 SPRINGFIELD,OREGON 97477 C-1Userslchil50091DesktoplPermits and ApplicalionslL ndUscApplicationslPublicUdlityFasementCorporation.docx REVISED:January,2012 Exhibit B 71 of 90 EXHIBIT"A" EASMENT DESCRIPTION SITUATED in Lane County, State of Oregon in the Southeast 1/4 of Section 35, Township 17 South, Range 2 West,Willamette Meridian,being more particularly described as follows: BEING the north 1o.00 feet,by perpendicular measurement,of those lands described as parcels I and II in that Statutory Warranty Deed recorded March 19, 2013 as Reception Number 2013- 015082, in the Lane County Oregon Official Records and the north io.00 feet by perpendicular measurement of those lands described in that Statutory Warranty Deed recorded June 30, 20o6 as Reception Number 2oo6-045965, in the Lane County Oregon Official Records, lying parallel to and southerly of the McKenzie Highway. Exhibit B 72 of 90 r CL z s CL Z w LU 00 W$ N Co W A _ �Z© CY) W —i OOZ � ' C� a.rr Ui ! U 0 t y . u� m J N C v Hca nrx' nxs byM M�P'QY'SA'Ye d Q � I r FLi I ieAll' i i�i i i�ill i>•I I� ' r�r r r l i ei i i t 04 s W ( /W y ` noivnu-'t-- ole ,co£� carr. M ; v -------------- Cn� , _r—1 -- a� C3 M i L sig st W o tLLJ �4 sR vM y Q W m . � N W 'l I OP °° , "}0 Exhibit B 73 of 90 Exhibit B 74 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT F LEGAL DESCRIPTION Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit F Exhibit B 75 of 90 Branch ENGINEERING= Since 1977 November 14, 2016 civil - transportation structural - geotechnical SURVEYING ANNEXATION LEGAL DESCRIPTION THURSTON HILLS NATURAL AREA PARK TAX MAP: 17-02-35 TAX LOT: 3602 Branch Engineering Inc. Project No. 16-213 SITUATED in Lane County, State of Oregon in the Southeast 1/4 of Section 35, Township 17 South, Range 2 West Willamette Meridian, being more particularly described as follows: BEING all those un-annexed lands described in that Warranty Deed recorded on June 30, 2006 as Reception Number 2006-045965 in the Lane County Oregon Official Records; being more particularly described as follows: BEGINNING at the most Northerly corner of that certain parcel described in Deed to Elva M. Gray and Veda M. Gray, recorded July 20, 1984, Reception No. 84-29725, Lane County Official Records, in Township 18 South, Range 2 West, Willamette Meridian; THENCE along the following numbered course(s): 1. South 00° 05' 00" East, 549.27 feet to a point; 2. East 308.01 feet to the most Easterly Northeast corner of said parcel, also being a point on the Easterly line of that certain survey filed in the Lane County Surveyor's Office as C.S. 37428; THENCE along the following numbered course(s): 3. North 00° 02' 00" West 101.77 feet to the most Easterly Northeast corner of said survey; THENCE continuing along the Easterly line of said survey the following numbered course(s): 4. South 89° 57' 59" West 93.00 feet to a point; 5. North 00° 07' 59" West 489.84 feet to the most Northerly Northeast corner of said survey, County Surveyor's File No. C.S. 37428, said point also being on the South line of the McKenzie Highway; THENCE along said South line of the McKenzie Highway, the following numbered course(s): 6. South 78° 19' 44" West 220.73 feet (shown as South 78° 22' West on the Tax Map), RETURNING to the POINT of BEGINNING, all in Lane County, Oregon. EUGENE-SPRINGFIELD SALEM-KEIZER 310 51h Street, Springfield, OR 97477 1 p: 541.746.0637 1 www.branchengineering.com Exhibit B 76 of 90 Annexation Legal Description January 13, 2014 Branch Engineering, Inc. Page 2 of 2 Exhibit B 77 of 90 Exhibit B 78 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT G CADASTRAL MAP Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit G N003dO`O131jONR1dS V Q r Z09E 11 S -ZO-L l Wl ~ W J m Q l.7 2 - NOliVJIlddV NOliVXINNV J w m x LULu N W m EL 0 U) Lu o fn z X11 � M N _tae x O Q o t �U 20 LU N wo m Q o c W 'g 0 rn ozssaa sNosaaa,aoa�r J I ` OQlon 1..-F ❑J M O W UU we Z 06Z rl m� 11'.' z,aa• irk u5� OOZ II �� 1i. u 30r¢ o O 1 UO0 yl mFV�m 2 M OU` w M m m M uJ N W o 00 ssa sc..csz o � co 500' 3 CD Q O U N Zgm W O Mme? h 1 -m��_j____usee7-______ <_ �O m m m rm z ry M 3 m 13 Z e _ s'eoa O o N I I 1 M.se so.00ry U r ___ b6Lg�s Q 1" N,Q N M q ( - �I` F �Um W Q W � ��b1 513RD ST d N oofizE O Q— �— f N m W o 0 0 J ` J-33N1S_ w c7 I � IIS OWL I O Z v oI O}U _ O; z2 ac�+> d N Q N O n 0 n J Z O c O O vrni � Q W U o O n O Q co 41 J a Q U O U Exhibit B 80 of 90 Exhibit B 81 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT H VICINITY MAP Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit H & £ U `Play8uladS'1aaaS PuZ£'S OSZ OX 8LbU'dO WL e 1DR11SI4 NOliV3dD3d(INV)Rldd 3NVIVWVIIIM o z < V3dV ivdnIVN SIIIH Noisd 1H1 5 Of I = ao o z lo G z - o z - s m x z o 0 0 0 0 0 0 0 0 0 0 0 w I I c� — g g g 5 9 9 9 9 gE g Z Z O O O O O O O O O O£ O U D d � � `•�• J o 0 0 0 0 0 0 0 0 0 a N g 4 q m m m m m m m g m m m m g$ 92 FEEI m EE CL I 80 88� s8 � Q W u r, �PPJOe _ Exhibit B 83 of 90 Exhibit B 84 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT I EXISTING CONDITIONS PLAN Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit I 'E BZtQ6a0'Plai}6uudg';aaJ;gwew9/g/ o sjuaWanoadwj puegl!ual AAAunS SNOI11aN0O uaay lumlUN spiH uolsinyl JNIISIXA 3p II yaC�� a�i w �i Iii I 00- All, zO 41 AA i � 3 i 6 � c �s �0 W ��.o I 595 �s soo , soy c so onsbg, `�0aa � � s a iao3 i �5 eon 6�/ '�� eio era sos� el 10 n��B 5/ Exhibit B 86 of 90 Exhibit B 87 of 90 WILLAMALANE PARK AND RECREATION DISTRICT THURSTON HILLS NATURAL AREA PARK TRAILHEAD ANNEXATION APPLICATION EXHIBIT J PUBLIC/PRIVATE UTILITY PLAN Cameron McCarthy FINAL SUBMITTAL 1 January 20, 2017 Exhibit J Exhibit B 88 of 90 Branch rN�GINEERING.-- Since 1977 civil - transportation December 7, 2016geotechnical SURVEYING PUBLIC/PRIVATE UTILITY NARRATIVE THURSTON HILLS NATURAL AREA PARK PR TAX MAP: 17-02-35 TAX LOT: 3602 �\ c, ti N e p2 Branch Engineering Inc. Project No. 16-213 #62780PE OREGON Q JULY 13 20�� 9�/6/V G 1V'�, EXPIRES: JUNE 30, 2017 The annexation area is located south of the city of Springfield's city limits just southeast of the intersection of 75' Street and Main Street (McKenzie Highway). The annexation area has approximately 220 feet of frontage along the south edge of Main Street.The south boundary is approximately 550 feet south of Main Street. The proposed annexation area is on Tax Map 17-02-35 shown as Tax Lot 3602. The proposed property for annexation will result in a revised city limits boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan,can all be provided in an efficient manner. As Defined in the Metro Plan, the minimum level of key urban facilities and services, based on City and service provider records, are as follows: Wastewater Services/Sanitary Sewers The Crossway Estates Development project installed an 8-inch PVC gravity sewer main that runs northerly along the alignment of 75'Street beginning approximately 100 feet north of the Center Line—Center Line intersection of 75' Street and Main Street. The southern terminus of the existing sewer line lies approximately 120 feet west and 160 feet north of Tax Lot 3602 and is the nearest connection point. Stormwater Services Three different facilities serving parcels in the vicinity of Tax Lot 3602 exist and include: 1.) A 24-inch concrete stormwater main which runs westerly along the south side of Main Street beginning approximately 800 feet west of Tax Lot 3602. Stormwater runoff from Tax Lot 3602 is currently conveyed to this system via roadside ditches. 2.) A 12-inch RCCP storm sewer pipe installed during the Crossway Estates Development project that runs northerly along the west side of 75' street located approximately 15 feet northwest of the 310 5th Street, Springfield,OR 97477 1 p: 541.746.0637 I www.branchengineering.com Exhibit B 89 of 90 Utility Narrative December 7, 2016 above mentioned 8-inch PVC gravity sewer main. The southern terminus of the 12-inch RCCP storm sewer pipe is approximately 130 feet west and 175 feet north of Tax Lot 3602. 3.) The northerly flowing,75'Street Creek crosses Main Street via a 32-inch diameter concrete culvert approximately 110 feet east of Tax Lot 3602.This may serve as a discharge point for runoff treated on-site. Solid Waste Management The annexation area is already serviced by a private corporation. Sanipac provides solid waste management services in conjuncture with Short Mountain Landfill, which Lane County administers and has adequate capacity. Water Services Springfield Utility Board (SUB) has a 12-inch DIP water line that runs east-west along the north side of Main Street.The residual pressure in the area is 35.3 psi and the rate of flow is 1,500 gallons per minute. Fire and Emergency Medical Services The annexation area is within the five-minute service response area of Eugene Springfield Fire Station 16 located at 6853 Main Street via adequately accessible access roads.Currently the annexation area is within the McKenzie Fire &Rescue Fire Protection District,but at the time of annexation will be withdrawn. Police Protection Currently the City of Springfield police provide police services to the areas within the city limits adjacent to the annexation area. After annexation, the City of Springfield police will provided police protection to the annexation area. City wide Parks and Recreation Programs Willamalane Park and Recreation District will provide park, open space, and recreation services to the annexed property at the effective date of annexation. Electrical Services The Springfield Utility Board (SUB) provides electric services within the City of Springfield's city limits under the authority of the Springfield City Charter. SUB already has overhead 3 phase primary power lines along the north side of Main Street and a single phase service to feed the annexation property, Tax Lot 3602. Land Use Controls The annexation area is within the Urban Growth Boundary for Springfield. After annexation the city will administer land use controls. Communication Facilities Wire and wireless communication services are provided to the Springfield portion of the Metropolitan Area and the annexation area can generally receive services from these private providers. Branch Engineering, Inc. Page 2 of Exhibit B 90 of 90 Utility Narrative December 7, 2016 Public Schools Springfield School District 19 provides the city of Springfield K-12 education needs. The existing district's public schools that will serve the annexation area are Thurston Elementary School, Thurston Middle School,and Thurston High School. Branch Engineering, Inc. Page 3 of Exhibit C 1 of 8 SPRINGFIELD Type IV - ANNEXATION STAFF REPORT AND RECOMMENDATION rJRECON Project Name: Thurston Hills Natural Area Park Trailhead Annexation 1 Applicant: Willamalane Park and Recreation District Case Number: ANX417-00001 l"i t.. A Proposal Location: 7575 McKenzie Highway ,q �X ice, (Map 17-02-35-00,TL 3602) , ! ' h % Current Zoning: Low Density Residential (LDR) with41 - Urbanizable Fringe Overlay(UF-10) Plan Designation: Low Density Residential �• Application Submittal Date:January 27, 2017 ` x !„ y Associated Applications: ' PRE16-00069 (Development Issues Meeting for Annexation) TYP216-00037 (Site Plan Review for trailhead) TYP317-00003 (Zoning map amendment for entire Thurston Hills Natural Area park) TYP417-00001 (Metro Plan diagram amendment for entire THNA park) APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant's Representative: Property Owner/Applicant: Colin McArthur, AICP Willamalane Park and Recreation District Cameron McCarthy Landscape Architecture and Planning 250S. 32nd St. 160 East Broadway Springfield, OR 97478 Eugene, OR 97401 (541)485-7385 Property Owner: colin@cameronmccarthy.com City of Springfield 225 5"St. Springfield, OR 97477 CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Project Manager/Senior Planner Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler, PE 541-736-1034 Public Works Engineer Sanitary& Storm Sewer Clayton McEachern, PE 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 Exhibit C 2 of 8 Site Information The property requested for annexation is a 3.03-acre parcel on the south side of Main Street/McKenzie Highway east of 75th Street. The subject site is inside the Springfield Urban Growth Boundary (UGB) and includes an historic home. The property is intended to be developed with a trailhead for the future Thurston Hills Natural Area Park, which is identified in the 2012 adopted Willamalane Park & Recreation District comprehensive plan. Pursuant to a Memorandum of Understanding (MOU) between the City and Willamalane, Willamalane was allowed to submit an application for Site Plan Review approval for the trailhead prior to annexation. The City approved Willamalane's Site Plan for the trailhead (TYP216-00037), with a condition requiring annexation of the trailhead site. The MOU also required Willamalane to apply for Zoning Map amendment and Metro Plan diagram amendment for the subject site and the balance of the property owned exclusively by Willamalane for the Thurston Hills Natural Area Park. Applications to amend the Springfield Zoning map (TYP317-00003) and Metro Plan diagram (TYP417-00001) from Low Density Residential to Public Land & Open Space and Parks and Open Space, respectively, are under review and scheduled for public hearings later this year. Other than the subject annexation property, the remaining property owned by Willamalane for the Thurston Hills Natural Area Park is not required to be annexed to enable the trailhead development approved by Site Plan Review application TYP216-00037. Existing public services are provided to the subject annexation area as follows: police services (Lane County Sheriff's Office), fire/emergency services (McKenzie Fire & Rescue Fire District), roads (Oregon Department of Transportation has jurisdiction over McKenzie Highway), electric service (Springfield Utility Board). Upon annexation, the City of Springfield will be responsible for urban services, including future sanitary sewer extension, and police/fire response to the subject annexation area; SUB will provide water service to the subject site. Requirements and Review Criteria The following findings and conclusions respond to the applicable annexation requirements and approval criteria found in the Springfield Development Code (SDC) Section 5.7-100. SDC 5.7-115-Review Process The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. SDC 5.7-120- Development Issues Meeting A Development Issues Meeting (DIM) is required of all third-party annexation applications. Finding: A Development Issues Meeting for the subject annexation request was held on December 13, 2016. Conclusion: The requirement in SDC 5.7-120 is met. SDC 5.7-125-Annexation Initiation and Application Submittal In accordance with SDC 5.7-125.B.2.b.i. and ORS 222.170(1), an annexation application may be initiated by "more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding: The subject annexation site (Tax Lot 3602) is jointly owned by Willamalane Park & Recreation District and the City of Springfield. Both owners filed the application and petition requesting annexation to the City of Springfield. Exhibit C 3 of 8 Conclusion: The application requirements in SDC 5.7-125 have been met. SDC 5.7-130-Notice Requirements Consistent with requirements in SDC 5.130, public notice was provided as found below. Finding: Mailed Notice. Notice of the annexation application was mailed February 28, 2017, which is at least 14 days prior to the public hearing date, to owners and occupants of properties located within 300 feet of the perimeter of the affected territory. Notice was also sent to the applicant and property owners within the affected territory, and to affected special districts and other public utility providers, and Lane County(i.e., the Land Management Division, Lane County Elections, and the Board of Commissioners). Finding: Newspaper Notice. Notice of the April 3, 2017 public hearing was published in The Register- Guard on March 14 and March 21, 2017. Finding: Posted Notice. Notice of the April 3, 2017 public hearing was posted on or prior to March 8, 2017 in four public places in the City: at the subject site on 7575 McKenzie Highway; at the Springfield City Hall and in the Development and Public Works office; and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City, the current LDR zoning will be retained but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing on February 27, 2017 of the annexation proceedings, which is more than 35 days prior to the public hearing as required by DLCD. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. SDC 5.7-135-Recommendation to the City Council The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in SDC Section 5.7-140. Finding: This staff report contains findings and conclusions below in response to the annexation criteria outlined in SDC 5.7-140. The staff report and attachments included in the Agenda Item Summary presented to the City Council in advance of the public hearing serves as the Director's written recommendation on the annexation application. Conclusion: The Director's written recommendation was provided to the City Council as required. SDC 5.7-140-Criteria The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right-of-way or a stream, lake or other body of water. Finding: The subject annexation territory is located within Springfield's acknowledged urban growth boundary (UGB). The subject annexation area abuts the Springfield city limits along the McKenzie Highway frontage. The annexation proposal therefore meets the statutory definition of contiguity in ORS 222.111(1). Exhibit C 4 of 8 Conclusion: The proposal meets this criterion. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan identifies that land within the UGB may be converted from urbanizable to urban through annexation to a city when found that a minimum level of key urban services can be provided to the annexation area in an orderly and efficient manner, and there will be a logical area and time for delivery of urban services and facilities (Metro Plan Policy #8, pg. II-C-4). Findings below demonstrate that the minimum key urban services necessary to serve the proposed annexation area exist or can be extended for use as a trailhead serving the larger Thurston Hills Natural Area Park. Finding: The Metro Plan recognizes that land within the UGB shall ultimately be annexed to a city and provided with the required minimum level of urban facilities and services, and as land transitions from urbanizable to urban (Metro Plan Policy #15, pg. II-C-5). The proposed annexation area is contiguous to the Springfield city limits and is identified as the unit of government to provide urban services to annexed territory. Finding: The Metro Plan recognizes that urban services should not be extended without first annexing territory to a city and/or to existing service districts (Metro Plan Policies #19, #20 and #21, pg. II-C-6). The proposed annexation will result in only the area proposed for trailhead development being incorporated into the City limits, and extension of existing urban services as needed to serve the proposed trailhead use on the subject annexation area from existing service districts (e.g., SUB Water) and/or the City of Springfield (e.g., police and fire services). Approval of the proposed annexation will result in the subject site being withdrawn from the McKenzie Fire and Rescue Fire District. Finding: If determined by the City Council that annexation is in the best interest of the City, the subject area will be annexed into the Willamalane Park & Recreation District as authorized by an intergovernmental agreement between the City and Lane County. Willamalane provides park and recreation facilities and services to territory within the City of Springfield. Finding: The subject annexation territory, and other adjacent property owned exclusively by Willamalane, is currently zoned LDR and designated LDR on the Metro Plan diagram. Park uses of a scale such as the proposed trailhead are permitted in the LDR zone, and within areas designated LDR because the Metro Plan identifies residentially designated land as being "...available for auxiliary uses, such as streets, elementary and junior high schools, neighborhood parks, other public facilities, neighborhood commercial services, and churches not actually shown on the Metro Plan Diagram. Such auxiliary uses shall be allowed within residential designations if compatible with refinement plans, zoning ordinances, and other local controls for allowed uses in residential neighborhoods." The City's MOU determined that the proposed trailhead use on the subject annexation territory is consistent with the City's Development Code and existing LDR zoning. Finding: The subject annexation territory was identified as parkland (Map 2-3, Proposed Natural Area Park Projects) in the adopted 2012 Willamalane Park and Recreation District Comprehensive Plan. The Willamalane Comprehensive Plan serves as the City's functional refinement to the Metro Plan and was acknowledged by DLCD as meeting the City's obligations under Statewide Planning Goal 8, and consistent with the Metro Plan and its goals for parks and open space. Finding: The City's adopted Transportation System Plan (TSP) is also an adopted functional refinement to the Metro Plan, acknowledged by DLCD as meeting the City's obligations under Statewide Planning Goal 12, and consistent with the Metro Plan and its goals for transportation. The City's Conceptual Street Exhibit C 5 of 8 Map, a component of the TSP, identifies a future roadway connection across the subject annexation territory. The City's annexation agreement reserves the potential for a future roadway easement or right-of-way as may be needed to provide emergency access and/or connectivity consistent with the Conceptual Street Map and Springfield Development Code requirements. Conclusion: The proposal meets this criterion. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: The Metro Plan recognizes that annexation to a city is the highest priority for extending key urban facilities and services (Metro Plan Policies #9, #10, pg. II-C-5). The Metro Plan also requires extension of the minimum level and full range of key urban facilities and services in an orderly and efficient manner consistent with the Plan's growth management policies (Metro Plan Policy #G.1, pg. III- G-4). Finding: The territory requested for annexation will take advantage of urban service delivery systems that are already in place or can be logically extended to serve this area. The following facilities and services are the minimum urban facilities and services necessary to serve the proposed trailhead within the subject annexation area: Water — Upon annexation, the property will have water service provided by Springfield Utility Board, which is identified as the provider for water services within the Springfield UGB (Metro Plan Policy#G.10, pg. III-G-6). SUB has an existing 12-inch water line running east-west under the northern portion of McKenzie Highway. The water line has been determined to have adequate capacity and suitable pressure to serve the subject annexation territory and the water needs for the proposed trailhead facilities. Electricity — SUB provides electric services within the city limits under authority of the Springfield City Charter, and SUB currently provides single-phase overhead service to the historic house on the subject annexation territory from an overhead three-phase primary power line along the north side of McKenzie Highway. Electric service as needed to serve the proposed trailhead use will be extended from this existing service. Police Services — The Lane County Sheriff's Office currently provides service to unincorporated areas within the City's Urban Growth Boundary. Upon annexation to the City of Springfield, the subject annexation area and proposed trailhead will receive police services from the Springfield Police Department. Fire and Emergency Services — The subject annexation area is currently within the McKenzie Fire & Rescue Fire Protection District. Upon annexation to the City, the property will be withdrawn from the McKenzie Fire & Rescue Fire District and fire and emergency services will be provided by Eugene- Springfield Fire Department. The subject property and proposed trailhead is within the five-minute service response area for Eugene Springfield Fire Station 16 at 6853 Main Street. Parks and Recreation — Willamalane Park & Recreation District provides park and recreation services to the City of Springfield. In this case, the requested annexation area is proposed for a trailhead to serve the future Thurston Hills Natural Area Park, which was included in the adopted Willamalane Park and Recreation District Comprehensive Plan. Concurrent with annexation to the City of Springfield, the subject area will be annexed to the Willamalane Park& Recreation District consistent with City policy. Exhibit C 6 of 8 Library Services — Upon annexation to the City of Springfield, the subject area will be within the service area of the Springfield Public Library. Public Schools — Springfield School District 19 (Springfield Public Schools) provides K-12 public school service to this area of Springfield. The subject site is within the serviced area boundaries of Thurston Elementary School,Thurston Middle School, and Thurston High School. Sanitary Sewer—Currently, the nearest public sanitary sewer is in an 8-inch main running northerly along 75th Street approximately 100 feet north of the intersection of 75th Street and Main Street/McKenzie Highway. The southern terminus of the existing sewer line is approximately 120 feet west and 160 feet north of the subject annexation area—and the closest connection point to the subject parcel. Given the minimal need for sanitary sewer services for the proposed trailhead use, extension of sanitary sewer service at this time would not be considered proportional to the demand for sanitary sewer services. Site Plan approval of the proposed trailhead (TYP216-00037) required a recorded Improvement Agreement for future sanitary sewer extension upon availability of sanitary sewer along the subject site's frontage. Provision for extension of sanitary sewer lines along the property frontage and to serve the subject site is also commemorated in an executed Annexation Agreement between the City and Willamalane (Attachment 2). Stormwater — Currently, a 24-inch stormwater main running westerly is located along the south side of Main Street/McKenzie Highway approximately 800 feet west of the subject annexation area. Runoff from the site is conveyed to this system via roadside ditches. Site Plan approval of the proposed trailhead required the development of on-site stormwater facilities to treat runoff, and approval by the Oregon Department of Transportation (ODOT)to discharge overflow runoff into the roadside ditch within their right-of-way and jurisdiction. Transportation — The subject site is accessed by a gravel drive extending off McKenzie Highway, a roadway under ODOT jurisdiction. Site Plan approval of the proposed trailhead required relocation and improvement of the driveway to meet City and ODOT standards, and an Improvement Agreement for future improvements to the abutting right-of-way. The MOU between the City and Willamalane included provision for possible future dedication of right-of-way for a roadway as may be needed through the subject annexation territory for emergency access and/or connectivity. Solid Waste Management—A private service provider currently provides solid waste disposal services to the site. The City and Sanipac have an exclusive franchise agreement for garbage collection within the City limits. Upon annexation, solid waste disposal can be provided by Sanipac. Communication Facilities —Various private providers offer wired and wireless communication services in the metropolitan area. Existing providers and others entering the market have the capability to provide service to the proposed annexation area. Land Use Controls — The annexation area is within Springfield's Urban Growth Boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City has planning and building jurisdiction for land between the city limits and the UGB. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the Metro Plan, are either immediately available or can be provided within a reasonable time frame as needed. Conclusion: The proposal meets this criterion. Exhibit C 7 of 8 D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: An Annexation Agreement applicable to the subject property has been executed by the City and Willamalane, and is included with this Staff Report (Attachment 2 to the City Council's Agenda Item Summary, Exhibit D to the annexation Ordinance). The Agreement mitigates applicable fiscal impacts to the City by requiring future dedication of right-of-way as may be deemed necessary to provide emergency access and/or connectivity across the subject annexation territory. Finding: Through the Site Plan approval process (TYP216-00037), requirements have been imposed upon Willamalane and the trailhead project to assume the full cost of infrastructure and extension of services necessary to serve the site and proposed use. Conclusion: The proposal meets this criterion. DIRECTOR'S RECOMMENDATION: Approve the annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District. SDC 5.7-145-City Council Decision The City Council's approval of the annexation application shall be by Ordinance. Finding: On April 3, 2017, the City Council held a public hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Based on the staff analysis and Director's recommendation, and on the testimony provided at the public hearing, the City Council may now take action to approve, modify, or deny the Annexation Ordinance. SDC 5.7-150-Zoning Unincorporated land within the City's Urban Growth Boundary is zoned in compliance with the zoning districts listed in the Springfield Development Code and is designated in compliance with the Metro Plan. Upon City Council approval of the annexation, the OF-10 Overlay District zoning classification shall automatically cease to apply to the subject annexation territory, and current zoning shall apply. Finding: The area proposed for annexation is zoned Low Density Residential (LDR) and designated Low Density Residential on the Metro Plan diagram. Properties outside the city limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning classification. Finding: Upon the effective date of the annexation, the OF-10 zoning overlay will be automatically removed and the site will retain its current LDR zoning. Finding: The subject site's LDR zoning is an allowable zoning classification suitable to the scale of trailhead development as proposed for park use and consistent with auxiliary uses allowed in areas designated residential on the Metro Plan diagram. Finding: Willamalane submitted separate applications for Zoning Map amendment (TYP317-00003) and Metro Plan Diagram amendment (TYP417-00001) that apply to the subject site and to the remainder of the property identified for the Thurston Hills Natural Area Park that is under Willamalane's exclusive ownership. A public hearing will be scheduled before the Springfield and Lane County Planning Commissions to evaluate the applications and make recommendations to their respective elected officials. Any public hearing will be held after annexation of the subject property. Exhibit C 8 of 8 SDC 5.7-155-Effective Date and Notice of Approved Annexation The City Council conducted a public hearing and gave first reading to the annexation Ordinance on April 3, 2017. Should the City Council grant a second reading on April 17, 2017, the Annexation Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around May 17, 2017), or upon acknowledgement of filing with the Secretary of State—whichever date is later. SDC 5.7-160-Withdrawal from Special Service Districts Withdrawal from special districts may occur concurrently with the approved Annexation Ordinance or after the effective date of the annexation of territory to the City. The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory, the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in SDC Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (Electric) and will remain so after annexation. Upon annexation, the site will be added to the service area for SUB Water. Finding: The subject area is currently within the boundary and service area of the McKenzie Fire & Rescue Fire District. Upon annexation, the site will be withdrawn from that special service district, and be annexed to the City of Springfield for provision of fire and emergency services. DIRECTOR'S RECOMMENDATION: Approve the withdrawal of the subject territory from the McKenzie Fire & Rescue Fire District. Exhibit D 1 of 7 After Recording, Return to: Place Bar Code Sticker Here: City of Springfield Development&Public Works Department Attn: Engineering Division 225 Fifth Street Springfield, OR 97477 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Willamalane Park and Recreation District ("APPLICANT"). RECITALS A. APPLICANT and City jointly own the parcel of land legally described in Exhibit A, ("the Property") and shown on the map attached as Exhibit B. The property abuts the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT submitted an application for annexation to the City of Springfield,dated December 23, 2016, for the Property, located on Lane County Assessor's Map No. 17-02- 35-00,Tax Lot 03602, and addressed at 7575 McKenzie Highway. Concurrently with this annexation application, APPLICANT has submitted an application for Tentative Site Plan Approval for trailhead improvements on the Property (TYP216-00037). C. The Property is currently designated as Low Density Residential (LDR) on the Metro Plan diagram and is zoned LDR with Urbanizable Fringe Overlay(UF-10)according to the official Springfield Zoning Map. D. Annexation of the Property requires a showing under Section 5.7-140.0 of the Springfield Development Code(SDC)that the Property can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan (Policy 8a and 8b, p.II-C-4), and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services,except sanitary sewer, is currently available to the Property at the frontage along McKenzie Highway. E. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems,and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. ANNEXATION AGREEMENT—Page 1 of 7 Exhibit D 2 of 7 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. • Sanitary sewer is currently available but not practical at this point in time. A stub is located north of Main Street(McKenzie Highway) at sufficient depth and size to provide service to this parcel. However,the cost of the extension would be impractical for the proposed use, and is not required for the existing dwelling and proposed restroom facilities. 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. • Stormwater facilities will be provided to serve proposed development on the Property and will be treated on-site with overflow discharged into the public roadside channel along McKenzie Highway. Runoff from the site will be mitigated and fully treated through a series of swales prior to discharge. 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 Police, Fire and Life Safety services to and from the annexed property. • The site will have a shared driveway onto McKenzie Highway at an approved location. I. To facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. J. To facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below,APPLICANT shall comply with all requirements imposed on APPLICANT 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 APPLICANT. Consistent with the above Recitals and subject to the issuance of Site Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. ANNEXATION AGREEMENT—Page 2 of 7 I Exhibit D 3 of 7 1.1. Final Site Plan. Apply for, and obtain, Final Site Plan approval,pursuant to the applicable Springfield Development Code Sections in effect at the time development is proposed. This Section is subject to the requirements of Section 8, below. 1.2 Dedication of Future Right of Way.APPLICANT shall dedicate a strip of right-of- way(ROW)north of the trailhead improvements shown on the Tentative Site Plan (TYP216-00037)to provide east-to-west connectivity from adjacent residential development, as generally shown on the Conceptual Street Map at the time that the adjacent property develops. The width of the ROW to be dedicated shall be determined by the City Engineer taking into consideration the planned capacity of the roadway and the width of the adjoining ROW. The roadway shall be subject to all relevant Transportation System Plan policies,development code criteria, and City specifications in effect at the time for roadway design and construction and intersection control. The City Engineer shall determine the final location of the right- of-way, but agrees to work with APPLICANT to maintain the integrity of the trailhead improvements and to ensure safe access across any future roadway such that the roadway does not impact the trailhead improvements as shown in approved Site Plan TYP216-00037. 1.3 Sanitary Sewer. At the time that sanitary sewer is extended to the north side of Main Street(McKenzie Highway) abutting the Property, subject to City Engineer approval of any requisite plans, and acceptance by the Common Council, APPLICANT will develop on-site and off-site public sanitary sewer conveyance systems to provide sanitary sewer service to the development as follows: 1.3.1 APPLICANT shall construct public sanitary sewer systems to connect to the sanitary sewer at the time it is extended on the north side of Main Street (McKenzie Highway)directly abutting the Property. 1.3.2 APPLICANT shall prepare the studies,plans,permit applications,and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the sanitary sewer systems described in Paragraph 1.3.1, above. 1.3.3 APPLICANT shall bear the full cost and obligation to design and construct the proposed sanitary sewer systems that connect to the existing public systems, including but not limited to associated easements, engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 1.4 Stormwater Management. At the time that the City's public stormwater line is extended adjacent to the Property, subject to City Engineer approval of any requisite plans,and Acceptance by the Common Council, APPLICANT will connect its then- existing stormwater management system to the public stormwater management lines to provide drainage service to the development as follows: ANNEXATION AGREEMENT—Page 3 of 7 Exhibit D 4 of 7 1.4.1 APPLICANT shall construct on-site and off-site public stormwater management systems or modify its then-existing system to collect,treat, convey, detain as deemed necessary, and discharge stormwater from the Property and the upstream tributary areas via an on-site engineered bioswale or mechanical filter system and public drainage easement, and into the public stormwater lines. 1.4.2 APPLICANT shall prepare the studies,plans, permit applications,and other supporting documentation necessary to obtain the permits and other approvals necessary to construct the stormwater management system described in Paragraph 1.4.1, above. 1.4.3 Grant to the City the easements necessary to access, operate, and maintain a stormwater management system on the Property. Easements for piped portions of the system will be a minimum of fourteen feet(14')wide and may be wider depending upon the size and depth of the pipes within the easement. Easement widths for open channel portions of the system shall be determined based upon the design width of the channel plus ten feet(10') on one side and twenty-five feet(25') on the other side to accommodate access and maintenance by City personnel and.equipment. Actual easement widths and locations will be determined at the time that the public stormwater lines are extended adjacent to the Property. 1.4.4 Applicant shall bear the full cost and obligation to design and construct the proposed stormwater management systems that connect to the existing public systems, including but not limited to associated easements,engineering costs, permit applications and fees, legal costs, construction and inspection costs, and the preparation of As-built Plans. 2. Obligations of City_. Consistent with the above Recitals, City agrees to: 2.1 Support annexation of the Property to the City before the Common Council and support APPLICANT's defense of any appeal of a decision. 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 Final Site Plan application 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 to 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 rights for enforcement of this Agreement. ANNEXATION AGREEMENT—Page 4 of 7 Exhibit D 5 of 7 4. Limitations on the Development. No portion of the Property shall be developed prior to the approval of building permits for the proposed trailhead improvements. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does 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 minimum level of key urban facilities and services as defined in the Metro Plan(Policy 8a and 8b,p.Il-C-4) and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard (512 U.S. 114 S. Ct. 2309, 1994) and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT,for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional or bear an essential nexus to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10.Ballot Measure 37. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2, 2004. APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. ANNEXATION AGREEMENT—Page 5 of 7 Exhibit D 6 of 7 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. DATED thisp�day of�, 20L7 IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT mo- OWNER OWNER STATE OF OREGON SS COUNTY OF LANE BE IT REMEMBERED that on this day of20 before me, the undersigned a notary public in and for said County and State, personally appeared the within named �I ri 1 N4i e-f O whose identity was proved to me on the basis of satisfactory e itlence and who eecuted the within instrument and acknowledged to me that �t�tCeY1�' MM-4-0'e 10 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. Vda0b OFFICIAL STAMP NOTAWY PUBLI .FO OREGON RITA FRANCINE GRIMES NOTARY PUBLIC-OREGON \ I as t �Q�� COMMISSION NO.944700 ('`tet MY COMMISSION EXPIRES NOVEMBER 22,2019 MY COMMISSION EXPIRES ANNEXATION AGREEMENT—Page 6 of 7 i Exhibit D 7 of 7 CITY OF LD By: Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE SS BE IT REMEMBERED that on this OT" day of Pj , 20 1.1 before me, the undersigned, a notary public in and for said County and State, 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 said instrument to be the free act and deed of said municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. 0 NOTARfyNjIk FOR O GON OFFICIAL STAMP AMY JO RIPKA NOTARY PUBLIC-OREGON ��QQ nn AA Q COMMISSION NO.928612 81A M 3 2b lB MY COMMISSION EXPIRES MAY28,2018 MY O MISSION EXPIRES ANNEXATION AGREEMENT—Page 7 of 7