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Ordinance 6392 01/07/2019
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6392 AN ORDINANCE ANNEXING CERTAIN TERRITORY(VACANT PARCEL LOCATED AT THE NORTHWEST CORNER OF SOUTH 47'a STREET AND JASPER ROAD AND IDENTIFIED AS TAX LOT 5600 WITHIN ASSESSOR'S MAP 18-02-05-13)TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE RURAL FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 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; WHEREAS, a request to annex certain territory was submitted on September 25, 2018, said territory being Assessor's Map Township 18 South, Range 03 West, Section 15, Map 13, Tax Lot 5600, which is vacant and not assigned a municipal address, and is generally depicted and more particularly described in Exhibit A to this Ordinance; 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; WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125.A and ORS 222; 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 eastern and northern boundary (SDC 5.7- 140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Plan— Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying Low Density Residential zoning will be retained; 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.B), and to withdraw the subject territory from the Willakenzie Rural Fire Protection District as the Cities of Eugene and Springfield will provide emergency response services directly to the area after it is annexed to the City; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; 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 I i i WHEREAS, on December 3, 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 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 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 5. 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 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 7th day of ,ianuary , 2019, byavote of 5 for and _0 against. (1 Recused - Pishioneri ) APPROVED by the Mayor of the City of Springfield this 7th day of lAni,ary , 2019. Mayor ATTEST: City corde 4EVIEWED& PROVED AS T ')ATEr OFFICE OF ATTORNEY Page 2 of 2 ORDINANCE NO. 6392 \ � \ \ § ! " - ®;| ;® < � ! q © �( \ \ � / \� �--� \\ � )* \ y � R-�- -�- , m \ \ t —------------�——- \ . . ! / P14 2 h � S _e m6392 Exhibit A 2 of 2 LEGAL DESCRIPTION Beginning at Southwest corner of the A.W. Hammitt Donation Land Claim No. 86, Township 18 South, Range 2 West of the Willamette Meridian; thence South 0017'04"'West, 214.36 feet; thence North 89'10'00"'West, 459.56 feet; thence North 00°00'00"'West, 20.00 feet to the True Point of Beginning; thence North 00' 00' 00" West a distance of 243.87 feet(Course 1); thence North 90' 00' 00" West a distance of 155.90 feet(Course 2); thence South 00' 00' 00" East a distance of 251.60 feet(Course 3); thence South 89' 10' 00" East a distance of 145.92 feet(Course 4); thence North 45° 25' 00" East a distance of 14.04 feet(Course 5) to the True Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6392 Exhibit B 1 of 14 City of Springfield l SPRINGFIELD Development & Public Works J 225 Fifth Street Springfield, OR 97477 kft 71111 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Aplication Pre-Submittal: ❑ _ .. Annexation A lication Submittal: g Required Proposal Information (Applicant: Complete This Section) Property Owner: Dennis Covert Phone: 541-729-1649 Address: 979 66th Street, Springfield, OR 97470 Fax: co ortent(dwmcactrle! E-mail: Owner Signature: Owner Signature: Agent Name: William A. Randall Phone 514-344-3332 Company: ARBOR SOUTH ARCHITECTURE, PC Fax: Address: 380 Lincoln Street, Eugene, OR 97401 E-mail bill@arbors0tlth"h1 Agent Signature: r d , 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: I 18-02-05-13 1 TAX LOT NO 5 : 1 05600 Property Address: 47th Street and Jasper Road, Springfield, OR 97478 Area of Request: Acres: 0.91 Square Feet: Existing Use(s) Vacant Land of Property: Proposed Use Single Family Residences of Property: Required . . - Case No.: �� - kDDJ11 �7 Date: Reviewed By: 1� initials V Application Fee: I Postage Fee: TotaQgAe eqv SEP 5 2018 Original llSiuubmittal 1(V� Revised 4/8/14 BJ Pag2 if Exhibit B 2 of 14 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 identried by the City as necessary for processing the application is provided herein or the information will not he 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 reguirements of ORS 22].1]8 pertaining to a complete application. Owner: Date: Signature Dennis Covert Print Date Received Revised 4/8/14 B] Page 9 of�f P 25 20118 �NA PPN" l0a� 1 ,; 4*it B3of 14 O 2 u w m o y c m d c T L O ev y O w a V N 30 E tw rn w w N m a k � Eo Q$ m �t+ C Q c as Q IA N > 0 a `o 'm •' a ma N m O o-o� Q U a t a w � _ di Y ` o 0 W cn m C 1p di W o d m W N Q x -i6 a s < o w O v c E aF > z '- N i3 vimg'� S • a r o N � aC 0O d m U1 d' Z � c _vA Su t � E O Oca ,01n ` u O W x .Ni u C n Q U � N z '�-� u b x rnN d O 'm w u 2 `o .�, Am �- o 3 d E W O m 0 Zow n c h Ot' aa d a d J ao d v c LL � w � E .rw-- m oU c d m o z ' 00 d U UZ Q O IA mr � o nc C m m c " t3 n Qcmo �' lila aL d Y m pU dj ME - CU .v,i �' wdqC •.G�l 10 C N 01 Y N 2 N ti K V E- = i ORDINANCE NO.6392 Exhibit B 4 of 14 II((r' Il' Ip LANE COUNTY I� I: Property Account Summary As Ol&1$@018 Status:Amive Account No.: 1682475 AMernale Properly Number: 1902051305600 Account Type: Real Property TCA: 01900 Situs Address: 10 UNKNOW N ANYTOWN OR 97401 Legal: Township 18 Range 02 Section 05 Quarter 13 TL 05900 Parties: Role Name 8 Address Owner COVERT DENNIS 979 N 96TH ST SPRINGFIELDOR 97478 Taxpayer COVERT DENNIS 979 N 66TH ST SPRINGFIELD OR 97478 Property Values: Value Name 2017 2016 2015 2014 2013 MKTTL $95,543 $88,531 $82.395 $81,518 $61,518 AVR $66.493 $93,585 $61,733 $59,935 558,189 TVR $35,493 563.585 $81)33 $59,935 $56,189 Property Charecteristics: Tax Year Characteristic Value 2017 Property Class 100 Res conforming vac Change Property Ratio M Residential Size 0.90 Cotle Split N NeighboMood 201500 Exemptions: (EM of Repot) Date Received SEP 25 2018 Original Submittal_ Run:&1&201810:48:OSAM ASCO037[AscandPrad_Rptl Pagel ORDINANCE NO. 6392 Exhibit B 5 of 14 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. 9 OWNERS Property Designation Assess d Imp. Signed Signed (Map/Iot number) Name of Owner Acres Value Y/ N Yes No 18-02-05-12-05600 Dennis Covert 0.91 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 0.91 ACREAGE SIGNED FOR 0.91 PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR a e eceived Revised 4/9/14 B) 14 of 17 SEP 25 23188 Exhibit B 6 of 14 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete all 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: William A. Randall E-mail: bill@arborsouth.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 0 • Other Uses: Vacant land • Land Area: 0.91 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s): - Single Family Residential • Existing Land Use(s): Vacant Lana • Applicable Comprehensive Plan(s): Springfield Compnehensi.e Plan • Applicable Refinement Plan(s): None(see Exhibit C-) • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. See Attached Info/Text • Are there development plans associated with this proposed annexation? Yes x No If yes, describe. Subdivision into single family residential loss • 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). See Attached Exhibit"A" Date Received Revised 4/8/14 BI Page 15 of 17 SEP 25 2018 OriD"fiabmBta L_ Exhibit B 7 of 14 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 Fre District ❑ Eugene School District ❑ Pleasant Hill School District ® Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD 0 SUB 0 Willamalane Parks and Rec District ❑ Other • Names of persons to whom staff notes and notices should be sent, in additionto applicant(s), such as an agent or legal representative. Dennis Covert William A.Randall (Name) (Name) 979 66th Street 380 Lincoln Street (Address) (Address) SpAngfield,OR 97478 Eugene,OR 97401 (City) (zip) (City) (Zip) (Name) (Name) (Address) (Address) (city) (zip) (City) (zip) Date Received Revised 4/8/14 B) Page 16Bf Z 2�,3 �p���dCC�YY LI�10.JTrJ 393�� Exhibit B 8 of 14 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: 18-02-05-13-05600 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 Legal Owners Please Drint or tyde name Sl nature Date Signed Dennis Coveft ICCG L'IB[1}dtOJV.OMM6FMVdTMVMfG11CM1lUW6�WINff1E101100}m/gry7Ep py6ypC•.gq,p„µµp�,IpypyGllC//IOOdI M[ YLYre1:Anµ,19.1016 Date Received Revised 4/8/14 83 Page.37PPW 2013 380 LINCOLN STREET r_.xr.r. orre.. 97401 Exhibit B 9 of 14 541-344-3332 www.erbo rsouth.com ANNEXATION APPROVAL CRITERIA Dennis Covert 18-02-05-13-05600 25 September 2018 Per Springfield Development Code (SDC),annexations are required to show consistency with certain criteria.Listed below are the criteria from SDC and the documentation of consistency with the criteria. (1) The land proposed to be annexed is within the city's urban growth boundary and is contiguous to the city limits separated from the city only by a public right of way or a stream, bay, lake or other body of water. The entire portion of the subject tax lot is located within the City's urban growth boundary (UGB).The annexation includes the full area of the subject tax IOL The area of annexation is contiguous to the City limits along the West, North and East property Iines.This is consistent with the above criteria.)asper Road is not included in the City limits at the property to the West,but 47th Street is already within the City limit boundary.(See Exhibit"A") (2)The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. [UPDATE] Springfield 2030 Comprehensive Plan elements cited. Several policies from the 2030 Coma Plan provide support for this annexation by encouraging compact urban growth to achieve efficient use of land and urban service provisions within the UGB,including the following policies from the Urbaniution Element section (in italic text): UG-I.Promote compact,orderly and efficient urban development by guiding future growth to vacant sites and redevelopment areas within the established areas of the City and to urbanizable lands "a where future annexation and development may occur. 0 U L� I.Urbanizable lands within the 1030 UGB shall be converted to urban uses as shown in (D the Metro Plan diagram and as more particularly described in neighborhood refinement plans,other a. -Eo applicable area-specific plans,and the policies of this Plan. �N rLLJ in to c_ The property is entirely within the existing UGB.It is also immediately adjacent to the City limits on the West, North and East sides.The property is urbanizable land that is currently O ORDINANCE NO. 6392 / Exhibit B 10 of 14 vacant.There are no neighborhood refinement plans or other area-specific plans for this parcel.(See Exhibits"B" and"C). (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. UG-3.Provide an adequate level of urban services,including but not limited to public water, wastewater,and stormwater management systems,environmental services and an urban multi- modal transportation system as urban development occurs within the Springfield UGB. 29.Annexation shall continue to be a prerequisite for urban development and the delivery of Cay services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. 31.For the purposes of land use planning and annexation approval,the Springfield Comprehensive Plan defines key urban facilities and services 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 district-wide basis. 32.Urban services provided by the Cay upon annexation to Springfield include storm and sanitary sewer;water;transportation systems police and fire protection;planning,building,code enforcement and library services;and public infrastructure maintenance of City-owned facilities. 33.Springfield Utility Board(SUB) is the water service provider within the Springfield City Limas.SUB will be the electric service provider within the UG8 as provided or permitted under Oregon law. Consistent with this criterion,the proposed annexation will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly and efficient,and timely manner as detailed below: Wastewater. An existing 8" sanitary sewer is located in 47th Street with a 6" stub to the property at the East property line. _ Stormwoter: An existing 12" stormwater line enters the property at the Northwest corner.The stormwater line will extend along the East side of the property to the Southeast corner, where it is planned to enter a stormwater facility.Them is also an existing catch basin at the Southeast corner of the property in the screet.There appears to be a 12" existing storm line entering the catch basin from the North along jasper Road. V N m Transportation: ' U a.� The property abuts 47th Street to the East and Jasper Road to the South.Existing Ny`4 transportation systems are existing and in place.The TSP Plan indicates a street connection E through from Kalmia to the West,but this is not necessary and indications from City staff O N in are that it will not be needed.Ivy,Holly and Jasper Roads all provide adequate connectivity l0 m from West to East.Also,because 47th is a Local Street and Jasper Road is a Major Collector c � of Street,all access will be taken from 47th to this site.Additionally,jasper Road is listed in the 0 O ORDINANCE NO. 6392 Exhibit B 11 of 14 TSP for a three-lane cross-section with sidewalk and bike lanes,but its timeline is noted as "beyond 20 years." (US-12). i Solid Waste: Collection service is provided by private firms.Regional disposal sites and the Short Mountain Landfill are operated by lane County. Water and Electric: Springfield Utility Board serves this area for electricity and provides water to this area as well.Properties immediately surrounding the parcel are already served by water and electric. An in-ground transformer is located along 47th at the Northeast comer of the parcel.There is a 6"water line in 47th with a 2" stub to the property at the East property Iine.Annexing this property will simply extend services that already exist in the vicinity. Public safety: Police protection will be extended to the site upon annexation consistent with service provision through the City.Fire and Emergency Medical Services protection will be provided by Eugene Springfield Fire and EMS Department Parks and Recreation: Parks and recreation programs are provided on a City-wide basis.The property is within the Willamalane Park and Recreation District The inclusion of the subject property in the City will be sufficient evidence to demonstrate the minimum level is met for this key urban service. Planning and Development Services: Planning and building permit services are provided for all properties located within the UGB by the City of Springfield.The Springfield Development Code,will provide the required land use controls for future development of the subject property upon annexation. Communications: A variety of communication service providers offer communication services throughout the Eugene/Springfield area. Public Schools: The subject property is within the Springfield Public School District and is within the district boundary of Mount Vernon Elementary School,Agnes Stewart Middle School and Thurston High School.As access to schools is evaluated on a district-wide basis,the property's location within the school district is sufficient evidence to demonstrate that the minimum level of this key urban service is met- (4) et(4)Where applicable fiscal impacts to the City have been mitigated through a signed -O Annexation Agreement or other mechanism approved by the City Council. •� N This application will serve as the mechanism for the annexation agreement with the City. L) to Approval shall be via the City Council. O OC a a w t'n CONCLUSION - W c Based on the above findings and the additional information submitted as well as the criteria O ;M set forth in the Springfield Development Code,the proposed annexation is consistent with O all applicable approval criteria. - ORDINANCE NO. 6392 E IMTo"A" _.SFD RESIDENTIAL ZONING _RESIDENTIAL DESIGNATION CITY LIMITS i PROPERTY UGB EP 2 � 4fIS��i€�rN!?el63�J— EXHIBITo B" Eliti t u DESIGNATION ` - I � _ RESIDENTIAL DESIGNATION CITY LIMITS i � .v PROPERTY Q N I d � W � 0 ORDINANCE NO. 6392 EJEN lor'llo"c" NO REFINEMENT PLAN OVERLAY 1 1 1 .1 PROPERTY i 1 i I :E L rl ORDINANCE NO.6392 Exhibit C 1 of 7 SPRINGFIELD TYPE IV—ANNEXATION � STAFF REPORT AND RECOMMENDATION OREGON Int a, i. �i P�+9,., 0 ! �� * i0s lis 041 lei - File Name: Covert Annexation Applicant: Dennis Covert Case Number: 811-18-000176-TYP4 Proposal Location: Northwest corner of South 47" Street at Jasper Road(Map 18-02-05-13, TL 5600) Current Zoning& Comprehensive Plan Designation: Low Density Residential(LDR) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Refinement Plan Application Submittal Date: September 25,2018 Associated Applications: 811-18-000092-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 Official Building David Bowlsb 541-736-1029 ORDINANCE NO. 6392 Exhibit C 2 of 7 Review Process (Springfield Development Code 5.7-115): The subject annexation request is being reviewed under Type N procedures,without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DON) 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 10,2018(Case 811- 18-000092-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 2,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a rectangular—39,180 ft'(0.9-acre)residential parcel that is currently vacant. The property is located on the northwest comer of South 47ih Street at 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 eastern boundaries. 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. In conjunction with future development of the property, the applicant would need to relocate an existing public stormwater facility that runs along the western boundary of the site and construct street improvements along the South 47° Street and Jasper Road frontages of the property. For these reasons, the applicant has executed an Annexation Agreement with the City that outlines the applicant's responsibilities and financial obligations for provision of public street improvements,utilities, and services to the property(Attachment 2,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 frontages. 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 when 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 November 13, 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 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. ORDINANCE NO. 6392 Exhibit C 3 of 7 Newspaper Notice. Notice of the December 3,2018 public hearing was published in The Register-Guard on November 19 and 26,2018. Posted Notice. Notice of the December 3,2018 public hearing was posted in five public places in the City: along the property frontages on South 47ih Street and Jasper Road; 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 Department 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 October 1,2018. j Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. i 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 eastern 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 Springfield 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 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 this 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 ORDINANCE NO. 6392 Exhibit C 4 of 7 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 urban 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 except that the Urbanizable Fringe (UF-10)overlay will be automatically 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 area 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 Springfield 2030 Refinement Plan— Urbanization Element, when unincorporated territory within the LOB 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 along the South 47°Street frontage of the site. Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B), and an Annexation Agreement was executed and recorded at Lane County Deeds & Records as Document #2018- 055258(Attachment 2,Exhibit D). Finding: After the public hearing and upon Council adoption of the annexation Ordinance, 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. ORDINANCE NO.6392 Exhibit C 5 of 7 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 1030 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 Springlield 2030 Refinement Plan— Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation 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 eastern 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(SUB)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. Electrics — 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 Jasper Road and South 476 Street. 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 Emergency 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 provide fire and emergency services directly 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 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, Bob Keefer 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. ORDINANCE NO. 6392 Exhibit C 6 of 7 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 along the property frontage on South 47'" Street. As detailed in the executed Annexation Agreement,the applicant will be responsible for extension of sanitary sewer lines necessary to serve the planned residential subdivision on the property. Stormwater — The subject annexation territory is currently served by a public stormwater management facility that is located inside the western boundary of the site. Relocation of the surface Swale and construction of new stormwater management facilities will be required in conjunction with residential development of the property. Streets — The subject annexation area abuts South 47t° Street along the eastern boundary. South 47th Street is inside the City limits and has been developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. Currently,the subject property lacks street trees along the South 47" Street frontage so these will be required in conjunction with development of the residential subdivision. Abutting the subject property to the south,Jasper Road is outside the City limits and is a Lane County facility that lacks curb and gutter, sidewalk, street trees and piped stormwater management facilities. With annexation and development of a residential subdivision on the property, the applicant will be responsible for improving the Jasper Road frontage with curb,gutter,sidewalk,and street trees. Solid Waste Mami eg=ent — The City and Smupac have an exclusive franchise arrangement for garbage service inside the City limits. Upon annexation,solid waste disposal service would be 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. 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 and recorded 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 ORDINANCE N0. 6392 Exhibit C 7 of 7 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 December 3, 2018, the City Council held a Public Hearing for the subject annexation request and give first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council held a second reading on January 7 and approved the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is caned 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): The Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor(anticipated on or around February 6, 2019), 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 directly provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will directly provide water and electric service after annexation. Consistent with SDC 5.7-160,notice was provided and a public hearing was held on December 3,2018._ Finding: The City Council has determined that withdrawal from the rural service district is in the best interest of the City as the full range of urban utilities and services are available to serve the subject property. ORDINANCE NO. 6392 Exhibit D t of 9 ANNEXATION AGREEMENT This Annexation Agreement("Agreement")is made between the City of Springfield, an Oregon municipal corporation("City")and Dennis J. Covert. ("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 the procedures in Springfield Development Code Section 5.7-100. B. APPLICANT has submitted to the City a request for Annexation,dated 11/27/18,for Assessor's Map No. 18-02-05-13, Tax Lot 05600,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 Spring/ield 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 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, Smrmwater 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 LaneCounty Clerk Atm: Current Development Division Lane County Deeds and Records 1018.055458 Development&Public Works Department 225 Fifth Street �111111111 1111111 $141.00 Springfield, OR 97477 01756887201800552580090097 11/30/2018 RPR-RGRE Cntcl Stnc41 CASHIER 04 11,36,34 AM $45.00 $20.00 $10.00 $11.00 $61.00 ANNEXATION AGREEMENT—Page 1 of 7 ORDINANCE NO. 6392 Exhiba D 2 of 9 G. The Property has a recorded consent to annexation from December 12, 1995,document number 95-71308. The recorded consent to annexation will cease to apply upon Annexation of the Property. H. 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 South 4r Street and has sufficient capacity to serve the Property. I. A public Stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • An existing public storm sewer system is located within the property and along Jasper Road and has some capacity to serve the Property. The existing Properly is a greenfield site and currently contains a Stormwater channel which provides Stiontwater quality and conveys Stormwater from the properties to the north to the Jasper Road Stormwater system within a 25 foot easement. A detailed Stormwater Report meeting current City of Springfield Stormwater standards and showing no net increase to the offsite Jasper Road Stormwater system will show sufficient Stormwater capacity to serve the Property. J. 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 4T° Street. The property also has frontage along Jasper Road,which is currently partially improved. • South 47°Street is classified as a Local roadway and has curb,gutter,sidewalk and paving. In order to meet fall urban standards,the Property frontage will need street lighting improvements, street trees, sidewalk restoration and driveway improvements. • Jasper Road is classified as a County Major Collector roadway and is not improved to full urban standards. An Improvement Agreement for Jasper Road to standards consistent with the Transportation System Plan will be required at this time. Lane Code Section 15.710 Diagram 2 with bike lanes but excluding on-street parking is the appropriate street improvement. The areas covered by the Improvement Agreement are generally depicted in Exhibit B,which is attached hereto and incorporated by reference. • Permitting for Jasper Road is required and will be administered by Lane County. • Jasper Road is an east-west Major Collector. An Improvement Agreement of Jasper Road to Lane County standards is required at this time,including its intersection with existing right-of-way of South 47'"Street. In order to meet urban standards,the Improvement Agreement will include additional paving,curb,gutter, sidewalk, street lighting, street trees,and adequate area for Stormwater facilities. The area covered by the Improvement Agreement is generally depicted in Exhibit B,which is attached hereto and incorporated by reference. ANNEXATION AGREEMENT—Page 2 of 7 ORDINANCE NO. 6392 Exhibit D 3 of 9 K. In order to facilitate orderly development of the Properly 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,APPLICANT agrees to perform the obligations set forth in this section. 1.L L APPLICANT shall execute an Improvement Agreement for the Jasper Road frontage to full Lane County standards,as depicted in Exhibit B,including: street paving, storm sewers,curbs,gutters,planter strips, street trees, street lights and sidewalks. 1.1.2. APPLICANT shall improve South 47's Street to full City standards,as depicted in Exhibit B,including: storm sewers,street trees, street lighting improvements, driveway improvements and sidewalk restoration The APPLICANT may provide sufficient evidence the existing street lights meet current City of Springfield standards as an alternate way of meeting the lighting standards. 1.1.3. APPLICANT seeks to reroute Stonnwater from the existing on-site channel into a piped system,to a pond which will provide no net increase in Stormwater flows offsite to Jasper Road. The proposed detention pond will provide treatment of Stomrwater for both on-site and upstream off-site flows and must be located outside of the Jasper Road right-of-way. APPLICANT shall provide a drainage study with calculations showing no net increase of off-site flows to the Jasper Road Stormwater system and that sufficient water quality is achieved. 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 City. Consistent with the above Recitals,City agrees to: 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. ANNEXATION AGREEMENT—Page 3 of 7 ORDINANCE NO. 6392 Exhibit D 4 of 9 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— Urbanizarion 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. 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 ANNEXATION AGREEMENT—Page 4 of 7 ORDINANCE NO. 6392 Exhibit D 5 of 9 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 Tlgard 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, administrators 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 AGREEMF,NT—Page 5 of 7 ORDINANCE NO. 6392 Exhibit D 6 of 9 DATED this �rhty of IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT J-9 BY: 06YInL m00% ti Coie.� Date Its: STATE OF OREGON COUNTY OF LANE SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON NC)VerY\b�r ��1 .2018 BY semis COV-e� AS pWNE2- GFMAP No. (8-v2 tx- i3, rU Gd+ (APPLICANT) = 'xD OFFICIAL STAMP NO BY PUBLIC FOR OREGON TOSiE YON2 NOTARY F'UBLIC-0REGON COMMISSION NO. 967994 YY CgIYI&SI9N DP9ES OGi09ER 19,2021 ANNEXATION AGREEMENT—Page 6 of 7 . ORDINANCE NO. 6392 Exhibit D 7&9 CITY OF RINGF By: 'no Grimaldi, City Manager STATE OF OREGON COUNTY OF LANF } SS (VIES INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ONn6UP�PX � - ,20 bBY rtY� AS a � � Or OF *+a (CITY OMCIAL 5TAMP AMY JO RIPKA NOTARY PU5U% GON COMMISSION N0.97d5]5 1 1 MYCOMMIBSION E%PIflE8 MAY1],2022 OTARYP OREGOi ANNEXATION AGREEMENT—Page 7 of 7 ORDINANCE NO. 6392 Exhibit D 8 of 9 LEGAL DESCRIPTION Beginning at Southwest corner of the A.W. Hammitt Donation Land Claim No. 86, Township 18 South, Range 2 West the of the Willamette Meridian; thence South 00'17'04"'West, 214.36 feet; thence North 89'10'00"'West, 459.56 feet; thence North 00'00'00" West, 20.00 feet to the True Point of Beginning; thence North 00' 00' 00" West a distance of 243.87 feet(Course 1); thence North 90' 00' 00"West a distance of 155.90 feet(Course 2); thence South 00' 00' 00" East a distance of 251.60 feet(Course 3); thence South 89' 10' 00" East a distance of 145.92 feet(Course 4); thence North 45' 25' 00" East a distance of 14.04 feet(Course 5)to the True Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6392 Exhibit D 9 of 9 r r E OF o o � 0 � rat}'_-ISi�•`. .• o Z � '9` `gyp [J• •.• o ,i I •'`. `••. •`, ••`, ea •, �•�. `••. `•�,, of ✓�I uwvo�r �� •'••'" S. 47TH ST. 38g feo! an.;o F Wa Re xMVEENWP u,NEXkTONwc aq'' xoi wxo -- mnm+esr cuocemv q iINK, �w.nry aemw d ORDINANCE NO. 6392