Loading...
HomeMy WebLinkAboutOrdinance 6390 11/19/2018 CITY OF SPRINGFIELD OREGON ORDINANCE NO. 6390 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY (VACANT PARCEL IDENTIFIED AS TAX LOT 6300 WITHIN ASSESSOR'S MAP 18-02-05-24) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT WHEREAS, the City Council is authorized by Springfield Development Code (SDC)Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; and WHEREAS, a request to annex certain territory was submitted on September 20, 2018, said territory being Assessor's Map Township 18 South, Range 02 West, Section 05, Map 24, Tax Lot 6300, which is vacant and not assigned a municipal address, and is 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 owner 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, this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222; and, WHEREAS, the territory proposed for annexation is within the Eugene-Springfield Metropolitan Area General Plan(more commonly known as the Metro Plan)and the Springfield Comprehensive Plan Urban Growth Boundary and is contiguous to the city limits along the western and northern boundary [SDC 5.7- 140.A]; and WHEREAS, the annexation is consistent with the Springfield 2030 Refinement Plan— Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; and WHEREAS, upon annexation the Urbanizable Fringe Overlay District (UF-10) shall cease to apply to the property and the underlying Low Density Residential zoning is retained in accordance with SDC 5.7-150.A; 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 5.7-140.8), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will continue to provide emergency response services directly to the area after it is annexed to the City; and WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; and WHEREAS, the applicant and City have executed an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of sanitary sewer service and other necessary utilities to the property; and Page 1 of 2 WHEREAS, on November 5, 2018, 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 approvingthe 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 Willakenzie Rural Fire Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Willakenzie Rural Fire Protection District shall become effective July 1, 2019. Section 4. 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 6. 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. Section 6. 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 fling 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 I9th day of ran„omhor , 2018, by a vote of 6 for and () against. APPROVED by the Mayor of the City of Springfield this 19th day of Novemher , 2018. Mayor ATTEST: City Retorder4 REVIEWED&APPROVED AS 0 F271 JL ATE: OFFICE OF OI ATTORNEY Page 2 of 2 ORDINANCE NO.6390 U 3 Emm'enl® bLL 3� � c LLN m� G 32 mNi°°iiu°uui°iuiiii°°ii o§ BOJ¢ e t LU J � -aa` a I43-3W -+two-- N _1 �§ yla••i�g i § § � � . Q�Q 4 $F °% § .I'gY � i✓• • §n s . q8 ov, g om §Y Ea fi"V.. 1 1 mal „ oli $ U'� sY.� •$fie / y=E s M �_ O ° R CIL �§yY 0 a e ORDINANCE NO.6390 Exhibit A 2 of 2 LEGAL DESCRIPTION Beginning at a point in the center line of County Road No. 287, said point being on the West line of the David Arthur Donation Land Claim No. 47, Township 17 South, Range 2 West the of the Willamette Meridian 2127.1 feet South 00' 03'West of the Northwest corner thereof; thence South 89' 10' East, 20.00 feet to the True Point of Beginning; thence South 89° 10' 00" East a distance of 387.12 feet (Course 1); thence on the westerly line of a Public Road North 00' 03' 00" East a distance of 200 feet to a point on the current City Limits line (Course 2); thence leaving said westerly line, on the current City Limits line South 89' 10' 00" East a distance of 30 feet(Course 3); thence leaving the current City Limits line and on the easterly line of a Public Road South 00' 03' 00" West a distance of 100 feet (Course 4); thence South 89' 10' 00" East a distance of 30 feet (Course 5); thence South 00' 03' 00" West a distance of 200 feet (Course 6); thence leaving said easterly line North 89' 10' 00" West a distance of 30 feet(Course 7); thence South 00' 03' 00" West a distance of 100.00 feet(Course 8); thence North 89° 10' 00" West a distance of 417.12 feet (Course 9); thence North 00° 03' 00" East a distance of 200.00 feet(Course 10) to the True Point of Beginning, all in Lane County, Oregon. ORDINANCE NO.6390 Exhibit B 1 of 9 City ofSpringfield ❑ SPnINQEIEIO Development & Public Works 225 Fifth Street Springfield, OR 97477 / Annexation Application Type IV Application Type (Applicant., Check one) Annexation Application Pre-Submittal: ❑ Annexation A lication Submittal: Required Proposal Information (Applicant: Complete This Section) Property owner: i2 Address: D / SNI 6%, Fax: C E-mail: Owner Signature: Owner Signature: Agent Name: Phone 6 3 70 Company: Fax: 1300 Address: 0 i C E-mail Agent Signature: l If the applicant Is other than:the owner,the ownhere y grants permission for the applicant to act in his or her behalf,except where signatures of the owner of record are repu red,only the owner may sign the petition. ASSESSOR'S MAP NO: I IF2-0zoS : LOT NOS ,70t Pro ert Address: Area of Request; I Acres: Square Feet: Existing Use(s) G4wT of Property: Proposed Use of Property: —"- - -- Required Property Information Clity1nialke'-S-taff. Comolete This Section) Case No.: �t7� y�� Date- (� p Reviewed By: I / �WU��3 "l -I 2� p initials it Application Fee: -j oil..j0 1 Postage Fee: I 10gcl.co I Total Fee: I U-Jaj,((j Revised 4/8/14 B] Page 8 of 17 ORDINANCE NO.6390 Exhibit B 2 of 9 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 timeline fiAfdrmation, requests and requirements conveyed to my representative. Owner: Date: Signa ure 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 ticat!on. Owner. 7 0 n �� Date: ' / —o' Sig ature Print Revised 4/6/14 BJ Page 9 of 17 ORDINANCE NO.6390 Exhibit B 3 of 9 ANNEXATION NARRATIVE: Date: August 10, 2018 Assessor's Map: 18-02-05-24 Tax Lot 6300 Applicant: Bruce Wiechert Custom Homes, Inc. 3073 Sky View Lane Eugene, OR 97405 541.686.9458 Applicant's Representative: The Favreau Group 3750 Norwich Ave. Eugene, OR 97408 541-683-7048 Attn: Tony Favreau Annexation Criteria: 1. The annexation area is within the City's urban growth boundary and is contiguous to the city limits or separated from the city only by a public right-of-way or a stream, lake, or other body of water. Response: The subject property is contiguous to the city limits along its north side. 2. The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and any applicable refinement plans or Plan Districts. Response: The subject property is designated as low density residential zoned land within the Metro Plan. 3.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. Response: All key urban facilities and services are available to the property and surrounding areas at this time. There are existing storm drain, wastewater and water facilities in 42nd Street that can be used. There are also existing power lines, communication lines and natural gas lines in 42"d St. 4. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. [SDC Section 5.7-140, Criteria] Response: An Annexation Agreement prepared by City staff will be signed by the developer. ORDINANCE NO.6390 f re # a, kf ~ - ,\ #: 9} ] 72 / 2 ISE \\ \ W ) \/ `! \ \® §f : \ . { } ; c , ! 2 ]) ) / ) \ § \ ) ( ) - 27 ® ) # y - e # » 0 - - \ k / ` - � � 97 « ; r LL - ` N ( k { { ` \ ) \ i.-.Y § > a - f § _ ) # ( 2 ! \/ \ _Cc . ( }\ / t / ] 0 _ �) } § ( ) § (\z a k a0 y a 0 � k 2_ 0 t + , § ! ! § q \\ / , k \}/ � \ 0 __a a6 . Exhibit B 5 of 9 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 18-02-05-24-6300 Bruce Wechen Custom H 1.85 $53,768 N Y TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100 TOTAL ACREAGE IN PROPOSAL 1.85 ACREAGE SIGNED FOR 1.85 PERCENTAGE OF ACREAGE SIGNED FOR 100 TOTAL VALUE IN THE PROPOSAL $53,768 VALUE CONSENTED FOR $53,768 PERCENTAGE OF VALUE CONSENTED FOR 100 Revised 4/8/14 a] 14 of 17 ORDINANCE NO.6390 Exhibit B 6 of 9 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete aH the following questions and provide all the requested information. Attach any responses that require additional space, restating the question or request for information on additional sheets.) Contact Person: Anthony J. Favreau E-mail: favreaugroup@msn.wm Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 0 • Other Uses: • Land Area: 1.85 total acres • Existing Plan Designation(s): Residential • Existing Zoning(s): Low Density • Existing Land Use(s): Vacant • Applicable Comprehensive Plan(s): Low Density • Applicable Refinement Plan(s): • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. •. Are there development plans associated with this proposed annexation? Yes X No If yes, describe. Future residential subdivision • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes X No • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). The City Limit line abuts the subject's north property line Revised 4/8/14 BI Page 15 of 17 ORDINANCE NO.6390 Exhibit B 7 of 9 Does this application include all contiguous property under the same ownership? Yes X No If no, state the reasons why all property is not included: • Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Rainbow Water and Fire District ❑ Eugene School District ❑ Pleasant Hill School District I$ Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD X Willakenzie RFPD ❑ EPUD I$ SUB 0 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. Anthony J. Favreau (Name) (Name) 3750 Norwich Ave. (Address) (Address) Eugene 97408 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (ZIP) (City) (Zip) , Revised 4/9/14 BI Page 16 of 17 ORDINANCE NO.6390 Exhibit B 8 of 9 FORM 4 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 This waiver of the time limit is for the following described property: IB-oz -w<-2-4r-06300 Map and Tax Lot Number Street Address of Property (if address has been assigned) ONE WAIVER OF TIME LIMIT FOR EACH PARCEL, PLEASE We, the owner(s) of the property described above understand the annexation process can take more than one year but desire to annex to have City services. Therefore, we agree to waive the one-year time limitation on this petition to annex established by Oregon Revised Statutes 222.173, and further agree that this contract shall be effective indefinitely or [ ] until Date Si natures of Le al Owners Please print or type name s4iKature Date Signed �BNPoB 9pM'UNLE R;nSlrlOxMeell4*IOMIOPNSl9MIX6flE1011999-N uwnrFONPnS VPESUBnT4 uxEn,l0.vnittIGEIW11091M.00[ mt YrM: Hwx%19,]016 Revised 4/8/14 BJ Page 17 of 17 1 ORDINANCE NO. 6390 ` Exhibit B 9 of 9 LEGAL DESCRIPTION Beginning at a point in the center line of County Road No. 287, said point being on the West line of the David Arthur Donation Land Claim No. 47, Township 17 South, Range 2 West the of the Willamette Meridian 2127.1 feet South 00' 03'West of the Northwest corner thereof;thence North 89' 10' East, 20.00 feet to the True Point of Beginning; thence South 89' 10'00" East a distance of 417.12 feet(Course 1); thence South 00' 03' 00"West a distance of 200.00 feet(Course 2); thence North 89' 10'00" West a distance of 417.12 feet(Course 3); thence North 00'03'00" East a distance of 200.00 feet(Course 4)to the True Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6390 EsNbil C,Page 7 of r 1UNGFlf1A TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION M $ n s 4^ kQt f I Q �esil`G GLI _ A '� r• i File Name: Wiechert Annexation Applicant: Bruce Wiechert Custom Homes Inc. Case Number: 811-18-000173-TYP4 Proposal Location: East side of South 42nd St.just north of Jasper Road (Map 18-02-05-24,TL 6300) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: September 20,2018 Associated Applications: 811-18-000106-PRE(Development Issues Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Kyle Greene 541-726-5750 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Oficial Building David Bowlsb 541-736-1029 ORDINANCE NO.6390 P bibg C,Page 2 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on July 19, 2018(Case 811- 18-000106-PRE). Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): 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 property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield(Attachment 4,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a rectangular 83,424 ftt (1.92-acre)residential parcel that is currently vacant. The property is located on the east side of South 42n° Street approximately 250 feet north of the intersection with Jasper Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern and western boundaries. Concurrent with annexation of the subject property, a segment of South 43'" Street extending northward to the City limits line is proposed for annexation. The linear segment of right-of-way proposed for annexation extends approximately 200 feet northward from the northern boundary of the subject property. Zoning for the property is Low Density Residential (LDR) with an Urbanizable Fringe Overlay(UF-10)applied. According to the applicant's submittal, the primary purpose of the annexation request is to facilitate a future residential subdivision of the property. The applicant is proposing to construct an east-west segment of Horace Street between South 42' and South 430 Streets and extend public utilities to serve the planned subdivision. A public sanitary sewer line would be extended south along the South 43'" Street alignment to an existing stub on Jasper Road. The South 42°" Street frontage of the property is considered improved to urban standards but the applicant will be responsible for improving the Horace Street extension through the property, and dedicating and improving portions of the South 43" Street frontage. For this reason, the applicant has executed an Annexation Agreement with the City that outlines the applicant's responsibilities and financial obligations for provision of public streets,utilities,and services to the property(Attachment 4,Exhibit D). Existing public services are provided to the annexation area as follows: police (Lane County Sheriff, Springfield Police Department), schools (Springfield School District), roads (City of Springfield and Lane County), and Fire (Eugene/Springfield under contract with the Willakenzie Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage. Unincorporated properties in the vicinity are served by individual wells as there is no water district in this area of south Springfield. Upon annexation,the City of Springfield will be responsible for all urban services, including sewer,water,electricity and police/fire response to the subject area. Notice Requirements(SDC 5.7-130): Consistent with SDC 5.7-130,notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed October 16,2018,which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 300 feet of the perimeter of the proposed annexation territory; affected neighborhood groups or community ORDINANCE NO.6390 ahiait C,Page 3 of organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners. Newspaper Notice. Notice of the November 5,2018 public hearing was published in The Register-Guard on October 22 and 29,2018. Posted Notice. Notice of the November 5,2018 public hearing was posted in five public places in the City: along the property frontages on South 42'and South 43' Streets; at Springfield City Hall; on the electronic display in the foyer of the Development and Public Works office;and on the City of Springfield website. Finding: Upon annexation of the subject territory to the City the underlying Low Density Residential zoning will be retained, but the Urbanimble Fringe Overlay District (UF-10) will no longer apply. Due to this change, the ,Oregon Departruent of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on September 25, 2018. Finding: Staff received written comments from an adjacent property owner prior to the annexation request being filed with the City. The written comments have been included as Attachment 3 to the AIS. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7-140,Criteria. Criteria (SDC 5.7-140): 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 the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and as more specifically detailed in the adopted Springfield 2030 Refinement Plan— Urbanization Element. The property requested for annexation abuts the Springfield city limits along the northern and western boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140. 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 was acknowledged by the Land Conservation and Development Commission(LCDC)in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan and as more specifically delineated by the Springfleld 2030 Refinement Plan. Territorywithin the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is entirely within the City's acknowledged UGB. Finding: In December 2016,Springfield adopted the Springfield 2030 Refinement Plan- Urbanization Element as Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The ORDINANCE NO.6390 b fiiba C,Page 4 of r Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element is effective but has yet to be acknowledged by LCDC. Finding: Under OAR 660-014-0070, "all appropriate goals must be applied during annexation by the city" of lands not subject to an acknowledged comprehensive plan. Goal 14 is appropriate to apply to Ws annexation because the Urbanization Element is unacknowledged. No other Statewide Planning Goals are directly applicable to this annexation, because acknowledged provisions of the Springfield 2030 Refinement Plan or Metro Plan implement all other relevant goals. Because the subject property is within the acknowledged urban growth boundary,the provisions of Goal 14 regarding establishment of the urban growth boundary and land need are not applicable to this annexation. Finding: Goal 14, OAR 660-015-0000(14) "Urbanizable Land" states, "Land within when growth boundaries shall be considered available for urban development consistent with plans for the provision of urban facilities and services." The proposed annexation complies with Goal 14 because key urban facilities and services can be provided in an orderly,efficient and timely manner as explained further under Criterion C below. Finding: The territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR)use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property,although the Urbanizable Fringe(UF- 10)overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Refinement Plan — Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Refinement Plan— Urbanization Element recognize that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is currently within the service area of Willakenzie Rural Fire Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of south Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie Rural Fire Protection District consistent with ORS 222.510,222.520,and 222.525 and the combined fire and life safety departments of the Cities of Eugene&Springfield will provide fire protection service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan— Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfiteld 1030 Refinement Plan— Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan— Urbanization Element,the City 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 abatement annexation is required. Finding: The requested annexation is to facilitate future subdivision of the property and construction of residential dwellings. Public sanitary sewer service is available at multiple locations in the immediate vicinity and the applicant has elected to extend a public sewer line southward along the South 43's Street alignment to an existing stub at Jasper Road. Finding: The property owner submitted an application for annexation to the City(Attachment 4, Exhibit B), and executed an Annexation Agreement which was recorded at Lane County Deeds & Records as Document #2018- ORDINANCE NO.6390 I Exhibit C,Page 5 of 043755(Attachment 4,Exhibit D). Finding: After the public hearing and upon Council adoption of the annexation Ordinance, should this occur, the property will be annexed into the Willamalane Park & Recreation District as authorized by an intergovernmental agreement between the City of Springfield and Lane County. The park district provides park and recreation facilities and services to territory within the City of Springfield. The subject property is currently zoned and designated for Low Density Residential use and this zoning will be retained upon annexation. Conclusion: The proposal meets and complies with criterion B,Subsection 5.7-140. 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 Finding: In accordance with Policy 29 of the Springfield 2030 Refinement Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management water service; fire and emergency medical services; police protection; citywide park and recreation programs;electric service;land use controls;communication facilities;and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan— Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; tramportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City limits along the northern and western boundaries. Urban utilities have been extended along adjacent public streets and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water—The Springfield Utility Board operates the public water utility system within incorporated areas of south Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation,the applicant will be eligible for extension of public water lines necessary to serve the planned subdivision of the property. Electricity— SUB Electric provides service to the neighborhoods in south Springfield that are located to the north of the Mt. Vernon Road alignment. SUB owns and maintains electrical system infrastructure along South 42nd and South 43' Streets, and Jasper Road. Existing electrical system infrastructure within the public rights-of-way will continue to be maintained by the affected utility provider. Police Services— Springfield Police Department currently provides service to areas of south Springfield that are already inside the City limits. The annexation territory is currently within the jurisdiction of the Lane County Sheriffs Department. Upon annexation, this area will receive Springfield Police services on an equal basis with other properties inside the City. Fire and Emereencv Services—Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with the Willakenzie Rural Fire Protection District. Upon annexation, the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport(ambulance)services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will continue to receive ORDINANCE NO.6390 ExtiM C,Page 6 of this service consistent with the adopted ambulance service area (ASA) plan. Mutual aid agreements have been adopted by the three regional ASA providers to provide backup coverage for each other's jurisdictions. Parks and Recreation— Park and recreation services are provided to the City of Springfield by the Willamalane Park&Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Memorial Building Community Center, and Willamalane Adult Activity Center. The park district offers various after-school and other programs for children at schools and parks throughout the community. Also available are pathways and several categories of parks, including community parks,sports parks,special use parks,and natural area parks. Concurrent with annexation to the City of Springfield, the subject property will be annexed to the Willamalane Park&Recreation District consistent with City policy and the adopted Willamalane Comprehensive Plan. Library Services— Upon annexation to the City of Springfield, the subject area will be within the service area of the Springfield Public Library. Schools — The Springfield School District serves this area of south Springfield. Based on the planned subdivision of the subject property and construction of residential dwellings, it is expected that the annexation territory could generate permanent residents and a school-age population in the future. Sanitary Sewer — The annexation territory does not contain existing public sanitary sewer lines but connection points are available in the immediate vicinity. As detailed in the executed Annexation Agreement, the applicant will be responsible for extension of public sanitary sewer lines necessary to serve the planned residential subdivision on the property. Currently,the applicant proposes to extend sanitary sewer service from a connection point near the intersection of Jasper Road and the South 43'd Street alignment. Stormwater — The subject annexation territory is not currently served by public stormwater management systems except for the improved South 42itl Street frontage. Extension and expansion of the public stormwater system will occur concurrently with construction of public streets and utilities necessary to serve a residential subdivision on the property. Streets—The subject annexation area abuts South 42' Street, which has been developed to urban standards with curb, gutter and sidewalk, lane striping, street trees, and street lighting. The eastern edge of the annexation area abuts South 43rd Street, which is not currently annexed and developed to urban standards. With annexation and development of a residential subdivision on the property, the applicant will be responsible for dedicating and improving a segment of South 43'd Street along the eastern boundary. Solid Waste Manaeement— The City and Sanipac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would he provided by Sanipac. Communication Facilities — Various providers offer both wired and wireless communication services in the Eugene-Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. 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 adopted Metro Plan and the Springfield 2030 Refinement Plan— Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C,Subsection 5.7-140. ORDINANCE NO. 6390 Exhibit C,Page 1 of D. Where applicable,fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council Finding: The area proposed for annexation is a vacant parcel that is planned for a residential subdivision. The property owner has executed an Annexation Agreement with the City that outlines the applicant's financial responsibility for provision of public streets and utilities necessary to serve the property, including extension of public sanitary sewer. Upon annexation and approval of a Public Improvement Permit for the project,the property owner will be responsible for the cost of constructing the public improvements necessary to serve a residential subdivision of the property. Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion: The proposal meets and complies with criterion D,Subsection 5.7-140. DIRECTOR'S RECOMMENDATION: The proposal complies with the annexation criteria of approval listed in SDC 5.7-140, and Council is within its authority to approve annexation of the subject territory to the City of Springfield and Willamalane Park and Recreation District; and withdrawal of the subject territory from the Willakenzie Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On November 5, 2018, 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 recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Finding: At the public hearing meeting,an adjacent property owner provided neutral testimony regarding a newly- created public utility easement along their eastern boundary. Staff provided clarification on the matter to address the respondent's inquiry and no other testimony was provided at the public hearing meeting. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR)in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning Upon the effective date of the annexation, the OF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation(SDC 5.7-155): If the annexation is granted sewnd reading and adapted by the City Council on November 19, 2018, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor(anticipated on or around December 19,2018),or upon acknowledgement of filing with the Secretary of State—whichever date is later. Withdrawal from Special Service Districts (SDC 5.7-160): 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 Section 5.7-150. Finding: The annexation area is within the delineated service territory of SUB (electric and water) and the Willakenzie Rural Fire Protection District (contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Willakenzie Rural Fire Protection District was in the best interest of the City. The withdrawal decision was codified in Ordinance No. ORDINANCE NO. 6390 Exhibit D 1 of 10 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City")and Bruce Wiechert Custom Homes,hlc. ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A,the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated q ( / , for Assessor's Map No. I8-02-05-24,Tax Lot 06300, which is not currently municipally addressed and is more particularly described in Exhibit A. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property.is inside the recognized Urban Growth Boundary of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District(UF-10)according to the Springfield Zoning Map,and the underlying zoning is Low Density Residential (LDR). E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element, 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 is currently available to the Property. F. The purpose of[his 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. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Lane County Clerk 2018-043155 Lane County Deeds and Records Atm: Cuirent Development Division Development&Public Works Department $132.00 IIIIIII VIII IIIIIIIIIIIIII II III IIII IIIIIII II II III 225 Fifth Skeet Springfield, OR 97477 01744202201600437550100106 09/17/2018 01:29:27 PM RPR-RGRE Cnl=1 Stn=9 CASHIER 06 $50.00 $10.00 $11.00 $61.00 ANNEXATION AGREEMENT—Page 1 of 7 ORDINANCE NO. 6390 Exhibit D 2 of 10 G. 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. • An existing public sanitary sewer system is located in both South 42nd Street and South 43r°Street and has sufficient capacity to serve the Property. H. A public storrnwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located in South 42nd Street and has some capacity to serve the Property. Provided the development meets current Stormwater standards, there is capacity for Stormwater overflow to the public system in South 42n° Street. The existing property is a greenfield site and currently contains stormwater on-site. 1. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to South 42n° Street. The property also has frontage along South 43`d Street,which is currently unimproved. • South 42nd Street is classified as a Minor Arterial roadway and is improved to current City standards. A portion of South 42"d Street will be annexed concurrently with the Property. • South 43`d Street is classified as a County Local Access roadway and is not improved to current City standards. Dedication and partial improvement of South 431d Street to City standards will be required at this time. The areas to be dedicated and improved we generally depicted in Exhibit B,which is attached hereto and incorporated by reference. • Horace Street is an east-west local road with planned extension through the subject property. Dedication and improvement of Horace Street to City standards will be required at this time, including its intersection with existing right-of-way for South 42nd Street. The area to be dedicated and improved is generally depicted in Exhibit B, which is attached hereto and incorporated by reference. • Additional right-of-way dedication for Horace Street and South 43`d Street is required from the Property to provide a uniform right-of-way width that is sufficient to meet City road standards. • Concurrently with annexation of the Property,the City intends to annex all existing right-of-way from the subject tax lot,north to the existing City Limits on South 43`d Street to bring the entirety of South 43`d street from Mt. Vernon Road to Horace Street into City limits. APPLICANT will not be required to improve the public right-of-way north of the subject tax lot's northernmost property line. APPLICANT will not be required to make public improvements south of the subject tax lot's southernmost property line outside of the sanitary sewer work identified in Section 1.1.4. J. In order 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 ANNEXATION AGREEMENT—Page 2 of 7 ORDINANCE NO. 6390 Exhibit D 3 of 10 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, APPLICANT agrees to perform the obligations set forth in this section. LLL APPLICANT shall annex an additional width of public street right-of-way along the South 42nd Street frontage of the Property to allow for a contiguous right of way width through the frontage of South 42nd Street at both adjoining property lines to the north and south. 1.1.2. APPLICANT shall dedicate the Horace Street right-of-way as generally depicted in Exhibit B and shall improve IJorace Street to full City standards,including but not limited to: street paving, storm sewers, sanitary sewers, curbs, gutters,planter strips, street trees, street lights and sidewalks. 1.1.3. APPLICANT shall dedicate the South 43`d Street right of way as generally depicted in Exhibit B. APPLICANT shall improve South 43`d Street to full City standards for a two-thirds street width north of the Horace Street intersection and to full City standards for a one-half street width south of the Horace Street intersection, as depicted in Exhibit B,including but not limited to: street paving, storm sewers, sanitary sewers, curbs, gutters,planter strips, street trees, street lights and sidewalks. 1.1.4. APPLICANT seeks to connect to the public sanitary sewer system stub at Jasper Road and South 43rd Street. APPLICANT will be required to secure a minimum 14 foot wide Public Utility Easement centered with the future South 43rd Street right- of-way,to connect from Jasper Road to the subject tax lot's southern property line. APPLICANT will restore the surface to the pre-development condition after construction of the public sanitary sewer is complete. APPLICANT reserves the right to cross S 42nd Street to connect to public sanitary sewer subject to applicable City ordinances and an approved Public Improvement Project Permit. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any Partition or Subdivision as necessary to serve the further development of the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement,the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement,the full cost shall include design, construction,acquisition of land and/or easements, studies,permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. 2. Obligations of Citv. Consistent with the above Recitals,City agrees to: ANNEXATION AGREEMENT—Page 3 of 7 ORDINANCE NO. 6390 Exhibit D 4 of 10 2.1 Process the annexation request and support annexation of the Property to the City before the Common Council, and support APPLICANT's defense of any appeal of a decision to the City. However,the City will not assume any financial responsibility to provide legal counsel on appeal. 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. 4. Limitations on the Development No portion of the Property shall be further developed prior to the approval of a Partition or Subdivision,as applicable,for the proposed development. 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 Policy 31 of the Springfield 2030 Refinement Plan— Urbanization Element 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. ANNEXATION AGREEMENT—Page 4 of 7 ORDINANCE NO. 6390 Exhibit D 5 of 10 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. City of Tigard. 512 US 374(1994)and subsequent cases interpreting the legal effect of Dolan 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 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 Measures 37/49/ORS 195.300 et sea APPLICANT knows and understands any rights it may have under Oregon Revised Statutes(ORS) Chapter 195.300 et seq.,"Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs,executors,assigns, administrator and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidity. If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity,meaning,enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEXATION AGREEMENT—Page 5 of 7 ORDINANCE NO. 6390 Exhibit D 6 of 10 DATED this 13 day of 20J Q. IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above Written. APPLICAN�T /�.�- uj li✓{� 9/J3/t }7 It y— f1Xr,L',( (,jp,,Aou. Date Vlbi pviz Its: STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON t„yn 4 �- '� ,20)g BY I ilasa�c� LAADVAS CtzaZAQT of�Qd" L�.'i•d�� r '•t wncS (APPLICANT) J ,1 oBFlcw.sTAMF SARAH MICHELLE PETERSON NOTARYPoKIPORECION NOTARY PUBLIC FOR OREGON COMMISSION N0.969584 W COMMSSIDN R.%RES DECEMBEB 20,2021 ANNEXATION AGREEMENT—Page 6 of 7 ORDINANCE NO.6390 Exhibit D 7 of 10 CITY OF SP,'�y/(fJ��'FA75k By: / \" Gino Grimaldi,City Manager STATE OF OREGON } SS COUNTY OF LANE JJJ THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 21&BY &nol7Ct�AS � OF (CITY)CITY) ' REVIEWED&APPROVED OTAR FO � 1111 AST 'O DATE: OFFICIAL STAMP OFFICE OF CITY ATTORNEY NO APY PUBIJC'R� OgEGON COMMISSION NO.9],575 MY COMMISSIONEXP18ES MAY 1],2022 ANNEXATION AGREEMENT—Page 7 of 7 ORDINANCE NO.6390 Exhibit D 8 of 10 EXHIBIT "A" LEGAL DESCRIPTION FOR WIECHERT ANNEXATION AGREEMENT Beginning at a point in the center line of County Road No. 287, said point being on the West line of the David Arthur Donation Land Claim No. 47, Township 17 South, Range 2 West the of the Willamette Meridian 2127.1 feet South 00' 03'West of the Northwest corner thereof;thence North 89' 10' East, 20.00 feet to the True Point of Beginning; thence South 89' 10' 00" East a distance of 417.12 feet(Course 1); thence South 00' 03' 00"West a distance of 200.00 feet(Course 2); thence North 89' 10' 00" West a distance of 417.12 feet(Course 3); thence North 00' 03' 00" East a distance of 200.00 feet(Course 4)to the True Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6390 Exhibit D 9 of 10 EXHIBIT "B" WIECHERT ANNEXATION AGREEMENT AREA = 1.85 ACRES 0 0 0 0 0 0 I o _ zao W' mova'W'w - 43ND ST. s< 0 � o w cn � � F 9 SCALL 1 II o ¢ o aw � 6 � z � w w � y � 6 g W m b F O o G] F o F - GIV 12229' N OM WE - '- NU51'9'W 7"3' r` w 1W.W' S NTY00, W i o F �\-1r IZNZ M .W,SO.W5 42ND ST s.' e8 mR ORDINANCE NO. 6390 Exhibit D 10 of 10 This page intentionally left blank ORDINANCE NO.6390