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HomeMy WebLinkAboutOrdinance 6404 10/21/2019 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6404 (GENERAL) AN ORDINANCE ANNEXING CERTAIN TERRITORY(PROPERTY KNOWN AS TAX LOTS 102 & 103 WITHIN ASSESSOR'S MAP 17-03-33-11-00)TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK& RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER& FIRE PROTECTION DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Section 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 August 12, 2019, said territory being Assessor's Map Township 17 South, Range 03 West, Section 33, Map 11, Tax Lots 102 and 103, which is addressed as 925, 929, 931, and 933 Anderson Lane, 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, 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 Rainbow Water and 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 WHEREAS, on October 7, 2019, 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 Rainbow Water and Fire Protection District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 3 above from the Rainbow Water and Fire Protection District shall become effective July 1, 2020. 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 21 day of October , 201 by a vote of 6 for and O against. APPROVED by the Mayor of the City of Springfield this 21 day of October , 2019 V - . Ar ayor / ATTEST: n(r_Rt City ata,,, order REVIEWED&APPROVED AST FORM r b'1C ke",.D—`� ATE: IU . OFFICE OF CITY ATTORNEY ORDINANCE NO. 6404 EXHIBIT A, Page 1 of 2 ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD 925, 929, 931, & 933 ANDERSON LANE West Centennial Boulevard City Limits Brandy Way 111 C U p f6 L a aN -a _ o a II 111 f0 City Limits Do 'tie Drive 11111 /rPylo 41.Rad 1-1 a ORDINANCE NO. 6404 EXHIBIT A, Page 2 of 2 LEGAL DESCRIPTION Beginning at a point on the West line of the R.E. Campbell Donation Land Claim No. 59, in Township 17 South Range 3 West of the Willamette Meridian, said point being 1587.44 feet South 00° 55' West of a 1/2" iron rod marking the Northwest corner of County Survey No. 1143, which is reported in County Survey Print No. 7329 to be 1552.4 feet South 00° 55.5' West of the Northwest corner of said R.E. Campbell Donation Land Claim No. 59. Said point also being in the centerline of Anderson Lane, as described on Reel 609 Instrument No. 25196 Lane County Deed Records, thence leaving the West line of said Claim No. 59 and run South 89° 05' East 30.0 feet to the true point of beginning of the herein described tract, thence run South 00° 55' West along the Easterly right-of-way of said Anderson Len a distance of 71.60 feet, thence leaving said right-of-way and run South 89° 05' East 150.00 feet, thence North 00° 55' East 71.60 feet, thence North 89° 05' West 150.00 feet to the true point of beginning, in Lane County, Oregon. ORDINANCE NO. 6404 r. EXHIBIT B, Page 1 of 12 SPRINGFIELD City of Springfield Development & Public Works 225 Fifth Street 66. dillP Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: ❑ Annexation A. dication Submittal: CI Required Proposal Information (Applicant: Complete This Section) Property Owner: Twen 1--1-0-' Phone: 541-557 "1568 Address: 3c117- ?owtd rhorn Si. Fax: e g E-mail: ...?Owner Signature: Owner Signature: , DiA.n 4ilettlgthl Member Agent Name: Lipid L. 1bIblYl) 1_.S. Phone 591_36-941a4, Company: i o lberi1 Age(e6L-ltS Fax: Address: (Mox3)EvnJ ©lz .1? 3� E-mail Agent Signature: If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: I 1- "-13 33- I 1 I TAX LOT NO(S): I /Oc 4- /03 Property Address: �a, /12-9 t i9Vei33 knelt Soyi La.ii_ - Area of Request: Acres: CO. Fd / I Square Feet: Existing Use(s) Tiyityle4 01, 6a-eji 'I eu,e Lot of Property: Proposed Use TDtVeJ 02 ex/Is-h' -114th in-t1) I/ fare& of Property: Required Property Information (City Intake Staff: Complete This Section) Date: VipliqReviewed By: ,�j Case No.: g�' �' ...cam(g$ _T if�/p (initials) " ` Application Fee: 4 !P/g,v2,0 Postage Fee: 4078'. Total Fee: . 1��'6 ,(p� Y Date Receive T.�,{,+1 .ee. 44 94 .91 AUG TO 2019 Revised 4/8/14 B) 8990 3Giittal�_ ` RDINANCE N EXHIBIT B, Page 2 of 12 +: vri c t .`V'-_-_ f ;^ iiia • i T ''v .Y f. }.-{ - -- _.. ,. V iA ai�,� �� 1048 ��Ti . . 0' ‘' '1'061'1! ' 4 i „..t. . 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A 0 ;t �' v 1 5 _ , • y t,.r 1J 42G�'91�926 -=926926 926�� �� !1 .�1.« 926 , R1, . -926926 f6 a �. ,� R)) a j 1600 any` ^ I t y 1771: 3 ♦ ,.a t'if � w 44 i ' 777 ,,,,,„ ,. . v,67t�it s... u N i SITE VICINITY MAP 811-19-000188-TYP4 Annexation 17-03-33-11 TL 102 & 103 925 & 931 Anderson Lane Dean Hansen ORDINANCE NO. 6404 Application #: C SP 2009 - RECEIVEr For City Use Only FORM 1 JUN 2 2019 0 sr Lb o PETITION/PETITION SIGNATURE SHEET SSE SMENTRTAXATvr Z 0) Annexation by Individuals u ii [SDC 5.7-125(2)(b)(i)/ORS 222.170(1)] z 0 m cc me, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent o annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed lecessary: Date Residence Address Map and Tax Lot Number Land Acres g at e Signed Print Name (street, city, zip code) (example: 17-04-03-00-00100) Owner (qty) m/d/y 925 Anderson Ln. 1. 1 c - Twenty, LLC Springfield.OR 97477 17-03-33-11-00102 X .25 931 Anderson Ln. 17-03-33-11-00103 X .25 2. Twenty, LLC Springfield, OR 97477 3. . De-n ansen, Member 4. -5. Note: With the above signature(s), I am attesting that I have the authority to consent to annexation on my own behalf or on behalf of my firm or agency. (Attach evidence of such authorization when applicable.) 1, Llo d L. Tol.ert (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. x ' fir, �� (signature of circulator) CERTIFICATION OF'OWNERSHIP The total landowners in the proposed annexation are .0 (qty). This petition reflects that Z (qty) landowners (or legal representatives) listed on this petition represent a total of l (%) of the landowners and ICT (%) of the acres as determined by the map and tax lots attached to the petition. A&T is not responsible for subsequent deed activity that may not yet be reflected on the A&T computerized tax roll. LaIGIW my Dep rtment of Assessment and Taxation Date Received L\:a.\.0 AUG 20 2011 Date Signed and Certified Revised 4/8/14 B3 12 of 17 Original Submittai 91/V.' EXHIBIT B, Page 4 of 12 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No 17-03-33-11-00102 Twenty LLC `•0.25 $162,851 Y Y 17-03-33-11-00103 Twenty LLC 0.25 $178,477 Y Y TOTALS: 0.50 $341,328 TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100 TOTAL ACREAGE IN PROPOSAL 0.50 ACREAGE SIGNED FOR 0.50 PERCENTAGE OF ACREAGE SIGNED FOR 100 TOTAL VALUE IN THE PROPOSAL $341,328 VALUE CONSENTED FOR $341,328 PERCENTAGE OF VALUE CONSENTED FOR 100 Date Received Revised 4/8/14 8) 14 of 17 AUGe20 2019 EXHIBIT B, Page 5 of 12 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: Lloyd L Tolbert, L.S., Tolbert Associates, LLC E-mail: iloyd@tolbertassociates_com Supply the following information regarding the annexation area. • Estimated Population (at present): 7 people • Number of Existing Residential Units: 4 • Other Uses: N/A • Land Area: 0.5 total acres • Existing Plan Designation(s): LDR • Existing Zoning(s): LDR • Existing Land Use(s): Tax Lots 102 & 103 contain duplex residences • Applicable Comprehensive Plan(s): Springfield 2030 Comprehensive Plan • Applicable Refinement Plan(s): West Springfield Refinement Plan • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. The proposed annexation is consistent with the City of Springfield's applicable plans in that it meets the goal for infill and growth while meeting the minimum code requirements for growth. • Are there development plans associated with this proposed annexation? Yes X No If yes, describe. The applicant plans to convert the existing 2 tracts into 4 tracts. • 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 subject properties are contiguous to the city limits on north, east and south sides. Date Received Revised 4/8/14 B.3 Page 15 of 17 Ally; 20 2nlq 'ORt INA°NCE JO. 66(74 EXHIBIT B, Page 6 of 12 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 =i Rainbow Water and Fire District ❑ Eugene School District 0 Pleasant Hill School District RI Springfield School District 0 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD ❑ Willakenzie RFPD ❑ EPUD ® SUB ❑ Willamalane Parks and Rec District 0 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. T. Dean Hansen Tolbert Associates, LLC (Name) (Name) 2917 Powderhorn St P.O. Box 22603 (Address) (Address) Eugene, OR 97408 Eugene, OR 97402 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Date Received r , r, Revised 4/8/14 BJ Pli41 1 ir7 Original Submittal ORDINANCE NO. 6404 I EXHIBIT B, Page 7 of 12 FORM 4 1 WAIVER OF ONE YEAR TIME LIMIT FOR ANNEXATION PURSUANT TO ORS 222.173 '• C:10°:. This waiver of the time limit is for the following described property: \0 , 17-03-33-11-00102 925 Anderson Lane, Springfield, OR 97477 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 [ 1 until Date Signatures of Legal Owners Please print or type name Signature Date Signed Twenty LLC O � �''� -- � T. De.n Hansen, Member LCOG: L:\8Q2008 BOUNCHANGE TRANSIAONtAPPLICATION FORMS\SPRINGFIELD\10-03-08 UPDATED FORMS\PRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08.000 Last Saved: January 19,2016 Data fll'accivcd �It- C Revised 4/8/14 B] �'Pa 1:7:of 17 Ci�ig!n,i su ,,i yLseGt s:>i;i�i� � ORDINANCE NSE G2E2-- EXHIBIT B, Page 8 of 12 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: 17-03-33-11, Tax Lot 103 931-933 Anderson Lane 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 [X] indefinitely or [ ] until Date Signatures of Legal Owners Please print or type name Signatur- Date Signed T. Dean Hansen of Twenty, LLCA- , 0 "O -/ LCOG: L:\6C\2008 BOUNCHANGE TRANSITIONIAPPLICATION FORMSISPRINGFIELDII0-03-08 UPDATED FORMSIPRE-SUBMITTAL ANNEXATIONAPPLICAT 10-07-08.pOC Last Saved: January 19,2016 D`tii"`to Received `-celved �� A ° n 2y'' ;+ Revised 4/8/14 BJ Page' 17 of 17 lJi'-�+:iial X41�l Ll li tt8l L "ORDINANCE EXHIBIT B, Page 9 of 12 Written Narrative addressing approval criteria as specified below: A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right—of-way or a stream lake or other body of water: The affected territory to be annexed is contiguous to the City of Springfield city limits to the north south and east boundaries. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts: The proposed annexation is consistent with the City of Springfield's applicable plans in that it meets the goal for infill and growth while meeting the minimum code requirements for growth. 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: Key urban services located in the Anderson Drive and Dotie Drive right-of-ways are currently available to the subject properties. D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. The applicant acknowledges that where applicable fiscal impacts to the City will be mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. D at . - C AM 20 'Mb ORDINANCE NO. 6404 EXHIBIT B, Page 10 of 12 Plan Describing the Availability of Key Urban Services Water-The subject property is currently served by Rainbow Water District located in the Anderson Drive and Dotie Lane Right-of ways. Electricity—The subject property is currently served by SUB Electric via the Anderson Drive and Dotie Lane Right-of ways. Sanitary Sewer-The subject property is currently served by the existing sanitary sewer mains located in the Anderson Drive and Dotie cane Right-of ways. Stormwater -Stormwater will be pre-treated onsite and directed to the curbline located along the southerly margin of Dotie Lane. Streets-The subject property is bounded by Anderson Lane to the west and Dotie Lane to the north. Police Services -The annexation territory is currently within the jurisdiction of the Lane County Sheriff's Department. Upon annexation,this subject property will receive Springfield Police services on an equal basis with other properties and public rights-of-way inside the City. Fire and Emergency Services- Fire protection is currently provided to the annexation area by Eugene/Springfield Fire Department under contract with Rainbow Water 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 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 and Recreation District Library Services- Upon annexation to the City of Springfield,the subject property will be within the service area of the Springfield Public Library. Schools-The Springfield School District serves the annexation area.Area schools include: Centennial Elementary, Hamlin Middle Scholl and Springfield High School. Solid Waste Management —The subject property is currently served 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. Dat-o, �4 `af;tiy' ASI U 2 0 n.:,,!,,.W,RDsI,UM E NAMINOLDA EXHIBIT B, Page 11 of 12 Legal Description of Annexation Area Including: Assessor's Map 17-03-33-11, Tax Lots 102 & 103 Beginning at a point on the West line of the R. E. Campbell Donation Land Claim No. 59, in Township 17 South, Range 3 West of the Willamette Meridian, said point being 1587.44 feet South 00°55' West of a 1/2" iron rod marking the Northwest corner of County Survey No. 1143, which is reported in County Survey Print No. 7329 to be 1552.4 feet South 00°55.5' West of the Northwest corner of said R. E. Campbell Donation Land Claim No. 59, said point also being in the centerline of Anderson Lane, as described on Reel 609 Instrument No. 25196 Lane County Deed Records; thence leaving the West line of said Claim No. 59 and run South 89°05' East 30.0 feet to the True Point of Beginning of the herein described tract; thence run South 00°55' West along the Easterly right-of-way of said Anderson Lane a distance of 71.60 feet; thence leaving said right-of-way line and run South 89°05' East 150.00 feet; thence North 00°55' East 71.60 feet; thence North 00°55' East 71.60 feet; thence North 89°05' West 150.00 feet; thence run South 00°55'West along the Easterly right-of-way-of said Anderson Lane a distance of 71.60 feet to the True Point of Beginning, in Lane County, Oregon. Note: Assessor's Map and Tax Lot numbers are current as of the date of this description. RE$iSTEREO PROFESSIONAL LAND SURVEYOR air IVA e ...... --- v Its.ier-....-. —.,for LLOYD L.TOLBERT _ ma . . . 011 • -'07kaa A! 'C':t�NO., - 6404 r ANNEXATION PLAN FOR TWENTY, LLC NE 1/4, SECTION 33, 7 17 9, R 3 W.W.M. ASSESSOR'S AAUP 17-03-33-11. TAX LOTS 102 é 103 SPRINGFIELD. LANE COIMRY, OREGON JUNE 24, 2019 WALE 1'-20' II, N� i 1 LOT 13 I LOT 12 I LAT 11 Pm f ow 2 POI:MO oo +oq s ((om ruin n WINO ' I� 1rulc m,MMuclmp DOTIE DRIWet VE 1 1 oe ,.,,\ MIN N AO'06 G0'w moo* w W M01 _ ,DMI If it 11 63.*Y I I 68.29 f .42 A, £o ETE 0 04.1622=1YPOOPOIED FUTURE 1 11 A, FLIT TNCIS 3 1 4 6000`4 fest R 9 I. VERNG DUPLEX W " PROPOSED FUTURE TRYCF 4 l •l 4002 S9•F.M 931 17-0 SON LANE x f w 1M a„� ,,.> LOT 103 6 Z RA (n W N 19703'00*M --'----11000' L4rJ 1:00144. 111. 1 LO?4 CZ I M Z POOP=MIRE TIL 2 g • 0 II 6000 Sq.fMlIr PROPOSED FUTURE TRACT 3 928 ANDERSON LANE 4WTe Sq.f«+ .,.. ASSESSOR$EMP 17-03.33-11,TAX LOT 102 eaoo I w F]116I2r0 OIPIDt W1L' 10.740 6q not 'I■ ° z S:), VW ONO' ' M :.:• '� OW : 0 t, t;f. W 73 a FOI 6„0. i l J� N lV03'OO 1N C0.0C 1 PIM AIM la IMOID zt ... i m z.3 LOT 2 LOT 3 o c i ( 1D” ToLBERT Assocu►7ES, u c N n — r,L 0 lNA Sf104.20 G R LAND USE PUNNING 4 9 Z �"" 1� m' -W4 '26 07492 2 N 0 ,, .., ANO fRE-1621NAdDC_OPf 2.DMU0 .; 0 EXHIBIT C, Page 1 of 9 ANNEXATION AGREEMENT This Annexation Agreement("Agreement")is made between the City of Springfield, an Oregon municipal corporation("City") and Twenty, LLC("APPLICANT"), owned by T. Dean Hansen. RECITALS A. APPLICANT owns the parcel(s) of land legally described in Exhibit A,the Property, and shown on the map attached as Exhibit B. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for an Annexation Agreement, dated June 24,2019 for Assessor's Map No. 17-03-33-11,Tax Lots 00102 and 00103. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is currently designated as Low Density Residential (LDR)on the Metro Plan and is zoned LDR with Urbanizable Fringe Overlay(UF-10) according to the Springfield Zoning Map. E. Annexation of the Property requires a showing under Section 5.7-140.0 of the Springfield Development Code(SDC)that the Property can be provided with the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a and 8b,p.II-C-4, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. 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, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. Lane County Clerk 2019-035078 After Recording,Return to: Lane County Deeds and Records City of Springfield II III III11 111 11E111 ISI 11111111 ill $127.00 Development &Public Works Department 01801147201900350780090093 Attn: Engineering Division 08/15/2019 03:16:37 PM 225 Fifth Street RPR-AGRE Cnt=1 Pgs=9 Stn=9 CASHIER 06 $45.00$10.00$11.00$61.00 Springfield, OR 97477 ANNEXATION AGREEMENT—Page 1 of 7 I:\Type 4 Apps\Annexations\811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 2 of 9 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. • Sanitary sewer mains exist in Dotie and Kellogg,with 3 laterals extended to the property. The applicant will need to pay all relevant fees upon installation of sewer service to the existing dwellings and any new dwellings. No additional cuts to Dotie or Kellogg will be allowed for at least 10 years to preserve the street service and postpone the need for resurfacing that often results from trench work in existing asphalt streets. The existing dwellings on these properties have septic systems installed that will be required to be decommissioned per the relevant building codes upon further development of this property or the septic system becomes inoperable. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is available to serve the Property. • Stormwater lines are available along Anderson for the existing duplexes. Downspouts can be connected to the back of the new catch basin to be installed in front of the duplex on Tax Lot 1703331100102. The new stormdrain system installed in Dotie was not sized for additional flow from this area and additional discharge will be required to be treated and disposed of onsite. I. 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 existing duplexes have driveway access to Anderson drive. Any new development of this property 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 affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now,therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement,the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals and subject to the issuance of Subdivision Plat and Public Improvement Plan approvals, APPLICANT agrees to perform the obligations set forth in this section. 1.1. Apply for, and obtain, Subdivision Tentative Plan approval from the City,pursuant to SDC 5.12-100 for a residential subdivision on the Property prior to any new construction or further development of the property, of the effective date of the City's approval of APPLICANT's annexation request. This Paragraph is subject to the requirements of Paragraph 8,below. ANNEXATION AGREEMENT—Page 2 of 7 I:\Type 4 Apps\Annexations\811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 3 of 9 1.2. Apply for, and obtain, Subdivision Plat approval from the City,pursuant to SDC 5.12-100 for a residential subdivision on the Property within two(2) years,unless extended by the City, of the date of the Limited Land Use Decision issued by the City for any Subdivision Tentative Plan approval issued pursuant to Paragraph 1.1, above. This Paragraph is subject to the requirements of Paragraph 8,below. 1.3. Subject to Subdivision Plat approval, City Engineer approval of the requisite Public Improvement Plans,Final Inspection, submittal and approval of the requisite As-built Plans, and Acceptance by the Common Council, and prior to Occupancy Approval for any new structure on the Property,APPLICANT shall bear the full cost and obligation to design and construct the following public infrastructure systems, including but not limited to associated studies, easements, engineering costs,permit applications and fees,legal costs, construction and inspection costs, and the preparation of As-built Plans, in accordance with the requirements of Chapter 12 of the City's EDSPM using the Public Improvement Project(PIP)process. 1.3.1. On-site and off-site public street systems to provide for the logical and orderly extension of the following public streets: 1.3.1.1. Full frontage improvements along Anderson that meet all relevant requirements of City of Springfield and Lane County and seamlessly integrate with the existing improvements north and south along Anderson Lane. These included paving, curb and gutter, sidewalk, storm drainage, street trees and lighting. 1.3.1.2. Any new access along Dotie be built to full city standards that matches and restores the Dotie frontage. 1.4. Prior to or concurrent with Subdivision Plat or Public Improvement Plan approval by the City, whichever comes first, for any portion of the Property, APPLICANT will provide financial security acceptable to the City for all costs associated with the developing and constructing the public infrastructure necessary to support development of the Property. 1.5. APPLICANT is directed to Paragraph 12 of this Agreement concerning current requirements in relation to regulations of the Bureau of Labor and Industries(BOLI) and the payment of prevailing rate of wage. The cost of all construction to be competed which the City interprets as being occupied or used by a public agency shall be estimated based upon the prevailing rate of wage, and financial security shall be adequate to provide for the payment of said prevailing rate of wage. 1.6. Provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Subdivision Tentative Plan and/or the PIP Plans as necessary to serve the development of the Property, including the construction and maintenance thereof. ANNEXATION AGREEMENT—Page 3 of 7 I:\Type 4 Apps\Annexations\811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 4 of 9 1.7. In determining APPLICANT's share of costs for the improvements described in this Agreement,the full cost for the provision of the improvements 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. 1.8. If these improvements are built and completed before annexation, obtain a Lane County Facilities Permit and construct all improvements in accordance with that permit and in such a way as to be acceptable to the City of Springfield for future acceptance. 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Initiate 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. 2.2 Conduct the timely review and decision making of the Subdivision Tentative Plan, Subdivision Plat, and Public Improvement Plan applications in accordance with City procedures for the development of the Property. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with 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 developed prior to the approval of a Subdivision Tentative Plan and Public Improvement Plans for the sanitary sewer system, stormwater management system, and transportation system 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 ANNEXATION AGREEMENT—Page 4 of 7 I:\Type 4 Apps\Annexations1811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 5 of 9 remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District(LID)or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a and 8b,p.II-C-4 and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building,land use, or other development application or Land and Drainage Alteration Program(LDAP)permit application submitted by APPLICANT. APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands its rights under Dolan v. City of Tigard (512 U.S. 114 S. Ct. 2309, 1994)and by entering'into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT,for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. City of Tigard and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10.Ballot Measure 37. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes(ORS) Chapter 197 as amended by Ballot Measure 37 passed November 2, 2004. APPLICANT for itself and its heirs, executors,assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 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. 12. BOLI/Prevailing Wage Rate. The APPLICANT will require, as a condition of any contract for construction of the public improvements described in Sections 1.3, 1.4, and 1.5,that the specifications for such contract shall contain a provision: A. complying with the provisions of ORS 279C.830,with respect to the payment of the prevailing rate of wage; B. requiring that each and every contractor or subcontractor shall file such bonds as ANNEXATION AGREEMENT—Page 5 of 7 I:\Type 4 Apps\Annexations\811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 6 of 9 may be required under ORS 279C.836; C. requiring that any contractor or subcontractor shall comply with each and every provision of ORS279C.800—870,with respect to such PROJECT. Any and all cost estimates shall be prepared on the basis of prevailing rates of wage. DATED this 31-day of --fit"ly ,201 IN WITNESS WHEREOF,the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT eNN r _ ER •WNER STATE OF OREGON r SS COUNTY OF LANE BE IT REMEMBERED that on this 3 t day of , 20 f( before me, the undersigned, a notary public in and for said County tate, personally appeared the within named-T.tCcLv V\os../e,,rvwhose identity was proved to me on the basis of satisfactory evidence and who executed the within instrument and acknowledged to me that executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. II. A Air OFFICIAL STAMP NO t• RY PUBLI FOR OREGON ROBIN KELLY NO itAti � � � NOTARY PUBLIC-OREGON /1 ' COMMISSION N0.977108 }��J MY COMMISSION EXPIRES AUGUST 06,2022 MY COMMISSION EXPIRES ANNEXATION AGREEMENT—Page 6 of 7 I:\Type 4 Apps\Annexations\811-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 7 of 9 CITY OF SPRINGFIELD By: Mary Briget lth, City Manager Pro Tern STATE OF OREGON SS COUNTY OF LANE t ftc// (� BE IT REMEMBERED that on this - day of Vt , 20 I before me, the undersigned, a notary public in and for said County and State, personally appeared the within named Mary Bridget Smith whose identity was proved to me on the basis of satisfactory , evidence and who by me duly sworn, did say thatshe is the City Manager of the within named Pro municipal corporation and does acknowledge said instrument to be the free act and deed of said Tem municipal corporation, and that the seal affixed to said instrument is the Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my hand a d a ixed my cial seal the day and year last above written. At Y 'UBLIC ii R OREGON P-ti---• . OFFICIAL STAMP " '� LINDA JO CRAIG () �a i r. NOTARY PUBLIC-OREGON l �t} COMMISSION N0.953742 r MYCOMMISSION EXPIRES AUGUST 23,2020;� M) CO MISSION EXPIRES ANNEXATION AGREEMENT—Page 7 of 7 I:\Type 4 Apps\Annexations\8l 1-19-000xxx-TYP4 Hansen Annexation\Hansen Annexation Agreement Duplex Anderson Lane Annexation Agreement.docx ORDINANCE NO. 6404 EXHIBIT C, Page 8 of 9 EXHIBIT "A" • Beginning at a point on the West line of the R. E. Campbell Donation Land Claim No. 59, in Township 17 South Range 3 West of the Willamette Meridian, said point being 1587.44 feet South 00° 55'West of a 1/2"iron rod marking the Northwest corner of County Survey No. 1143, which is reported in County Survey Print No. 7329 to be 1552.4 feet South 00° 55.5' West of the Northwest corner of said R. E. Campbell Donation Land Claim No. 59. Said point also being in the centerline of Anderson Lane, as described on Reel 609 Instrument No. 25196 Lane County Deed Records, thence leaving the West line of said Claim No. 59 and run South 89° 05' East 30.0 feet to the true point of beginning of the herein described tract, thence run South 00° 55' West along the Easterly right-of-way of said Anderson Lane a distance of 71.60 feet, thence leaving said right-of-way line and run South 89° 05' East 150. 00 feet, thence North 00° 55' East 71.60 feet, thence North 89°05'West 150.00 feet to the true point of beginning, in Lane County, Oregon. Also Beginning at a point on the West line of the R. E. Campbell Donation Land Claim No. 59, In Township 17 South Range 3 West of the Willamette Meridian, said point being 1587.44 feet South 00° 55'West of a 1/2"iron rod marking the Northwest corner of County Survey No. 1143,which is reported in County Survey Print No. 7329 to be 1552.4 feet South 00° 55.5' West of the Northwest corner of said R. E.Campbell Donation Land Claim No. 59. Said point also being in the centerline of Anderson Lane, as described on Reel 609 Instrument No. 25196 Lane County Deed Records,thence leaving the West line of said Claim No. 59 and run South 89° 05' East 30.0 feet to the true point of beginning of the herein described tract, thence run North 00° 55' East along the Easterly right-of-way of said Anderson Lane a distance of 71.60 feet, thence leaving said right-of-way line and run South 89° 05'East 150.00 feet,thence South 00° 55'West 71.60 feet, thence North 89° 05'West 150.00 feet to the true point of beginning, in Lane County, Oregon. 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