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HomeMy WebLinkAboutOrdinance 6409 12/02/2019 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6409 (GENERAL) AN ORDINANCE ANNEXING CERTAIN TERRITORY (PROPERTY KNOWN AS TAX LOTS 7000 & 7100 WITHIN ASSESSOR'S MAP 18-02-06-14) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK & RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE WILLAKENZIE/SPRINGFIELD RURAL 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 20, 2019, said territory being Assessor's Map Township 18 South, Range 02 West, Section 06, Map 14, Tax Lots 7000 and 7100, which is not yet addressed for Osage Street, 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 P/an)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 Willakenzie/Springfield 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 WHEREAS, on November 18, 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 Willakenzie/Springfield 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 3 above from the Willakenzie/Springfield Rural 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 2ndday of December, 2019 by a vote of 5 for and against. (1 absent - Moore) APPROVED by the Mayor of the City of Springfield this 2nd day of December 2019, Mayor ATTEST: 0(?(*I-P r: • City ecorde REVIEWED&APPROVED AS TO FORM Kri:}ttvw'Kram DATE: 11/27/2019 SPRINGFIELD CITY ATTORNEY'S OFFICE ORDINANCE NO. 6409 Exhibit A, Page 1 of 2 ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD TWO TAX LOTS ON OSAGE STREET (Map 18-02-06-14, Tax Lots 7000 & 7100) SITE 1111 • Osage Street City Limits I = Pinyon Street J a+ H v 2 ' ra ity Limits -• Jasper Road C ORDINANCE NO. 6409 Exhibit A, Page 2 of 2 LEGAL DESCRIPTION Beginning at the northwest corner of Lot 1, Block 4, FIRST ADDITION TO HAZELWOOD as platted and recorded in Book 39, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon; thence South 00° 30' 20" East a distance of 143.99 feet (Course 1); thence West a distance of 166.0 feet (Course 2); thence North 00° 30' 20" West a distance of 143.99 feet (Course 3); thence East a distance of 166.0 feet (Course 4) to the Point of Beginning, all in Lane County, Oregon. ORDINANCE NO. 6409 EXHIBIT B, Page 1 of 10 City of Springfield SPRINGFIELD 111116, Development & Public Works itkow 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: Annexation A. li cat'on Submittal: Required Proposal Information (Applicant: Complete This Section) Property Owner: Bruce Wiechert Custom Homes, Inc. Phone: 541-686-9458 Address: 3073 Skyview Ln., Eugene 97405 Fax: E-mail: Owner Signature: Owner Signature: Agent Name: Anthony J. Favreau Phone 541.683.7048 C !Company: The Favreau Group, LLC Fax: Address: 3751 Nor7Ave., Eug , Or 97408 E-mail Agent Signature: If the applicant is other than the owner, t own 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: 18-02-06-14 TAX LOT NO(S): 7000 & 7100 Property Address: Area of Request: Acres: Square Feet: 15,604 Existing Use(s) Vacant of Property: Proposed Use Residential of Property: Required Property Information (City Intake Staff: Complete This Section) Case No.: „econA_I-,40.4 Date: to Reviewed By: initials) Application Fee: %,or-i. to Postage Fee: tata Total Fee: 45-30.8(19 b)(../S ---1q-00c)\ 13- V903- - Date Received AUG 20 Revised 4/8/14 BJ Ordailiv ,Eorsiag&_. EXHIBIT B, Page 2 of 10 vT 7�4D50 Se 4If�D 407Q %'u4 flsC $ ` '' s • �m .�,� �y _ ' ass a)04, r �3 ' ^rc `I r i,,r,qe amts assn 6e 7110 ,oii � � ;.,� ate... t � � �, &� ori� } ?J'41'' urs arsrw tip. ;� � • ‘ ,..„._ ....„,..,.., /p, ° P3,..., ,.:: .,,,,. ,,....,,,,,,,-„„. , � t 1 ,„4\ .. - , a�f1 P31S d41t3 � � tMI 3 „_.,,,,,,,,.,,,.,,,,. . � r'� I. -v, 437 a�tiolSR9i ,:% Na" ' iilpJt3 . ttn '� a+ avis £siiv �� t>tt ,.. ar ., AL as37 S tT E VICINITY MAP 811-19-000192-TYPO Annexation 18-02-0644 TL 7000 & 7100 Osage Street Bruce Wiechert Custom Homes ORDINANCE NO. 6409 Application #: C SP 2009 - For City Use Only FORM 1 RECEI'v EL AUG 0.7 2019 PETITION/PETITION SIGNATURE SHEET Lane County Annexation by Individuals Assessment&Taxation [SDC 5.7-125(2)(b)(i)/ORS 222.170(1)] We, the following property owners of the following territory, consent to the annexation to the City of Springfield and concurrent annexation to Lane County Metropolitan Wastewater Service District and Willamalane Parks and Recreation District, as deemed necessary: Date Signed Residence Address Map and Tax Lot Number Land Acres Signature 9 Print N me (street, city, zip code) (example: 17-04-03-00-00100) Owner (qty) m/d/y 1 g J6�p� \c-2 �y X073 ask v� �.Q>5- 18-02-06-14 7000 X 0.18 s �� r/ '1 3c�? vchLN 18-02-06-14-7100 X 0.18 �ne c e (.� �ec >ti� fly`x'71105 3. 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.) I, 513_, Ve y501.-- (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. x (signature of circulator) m X CERTIFICATION OF OWNERSHIP O The total landowners in the proposed annexation are I (qty). This petition reflects that I (qty) landowners (or legal representatives) W listed on this petition represent a total of I (%) of the landowners and 1D0 (%) of the acres as determined by the map and tax lots attached co E 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. /— 'v co Z w P Lane ounty Department of Assessment and Taxation �- 7- Zo 11 • Date Received Date Signed and Certified AUGevised 4/8/14 53 - 12 of 17 AUIG 20 t:,,,, EXHIBIT B, Page 4 of 10 FORM 2 OWNERSHIP WORKSHEET (This form is NOT the petition) (Please include the name and address of ALL owners regardless of whether they signed an annexation petition or not. OWNERS Property Designation Assessed Imp. Signed Signed (Map/lot number) Name of Owner Acres Value Y/ N Yes No 18-02-06-14-7000 0.18 1 18-02-06-14-7100 0.18 A) • TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED 100 C.Y. TOTAL ACREAGE IN PROPOSAL .36 ACREAGE SIGNED FOR .36 PERCENTAGE OF ACREAGE SIGNED FOR 100 TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR Date Received Revised 4/8/14 BJ14 of 17 AN 20 2619 ORDINANCc NO. 6 Original bu mid l EXHIBIT B, Page 5 of 10 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: Anthony Favreau E-mail: favreaugroup@msn.com Supply the following information regarding the annexation area. • Estimated Population (at present): 0 • Number of Existing Residential Units: 0 • Other Uses: Vacant • Land Area: 0.38 total acres • Existing Plan Designation(s): Low Density Residential • Existing Zoning(s): Low Density Residential • Existing Land Use(s): Vacant • Applicable Comprehensive Plan(s): Low Density Residential • Applicable Refinement Plan(s): Low Density Residential • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. infill of low density residential • Are there development plans associated with this proposed annexation? Yes No x If yes, describe. • 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 abut the City limits to the west and north. DatA Revised 4/8/14 BJ Page 15 of 17 AUG 20 ORDINANCE NO. 409 ()*ininnl ��J" EXHIBIT B, Page 6 of 10 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 0 Rainbow Water and Fire District O Eugene School District 0 Pleasant Hill School District Et Springfield School District ❑ McKenzie Fire & Rescue ❑ Pleasant Hill RFPD 0 Willakenzie RFPD O 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. Anthony Favreau Bruce Wiechert Custom Homes, Inc. (Name) (Name) 3750 Norwich Ave. 3073 Skyview Ln. (Address) (Address) Eugene, OR 97408 Eugene, OR 97405 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Date Received Revised 4/8/14 B3 2f31.7- O LINA CE:ld . 64® f" EXHIBIT B, Page 7 of 10 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: (e -02-4(0 - 14 -710o 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 Signatures of Legal Owners Please print or type name Signature Dat Signedc 13e0./\4‘6,16 (Aile54-0V CL( LCOG: L:\BC\2008 BOUNCHANGE TRANSIITON\APPLICATTON FORMS\SPRINGFIELD\10-03-08 UPDATED FORMS\PRE-SUBMITTAL ANNEXATIO PLI TIOf Q-07--008.DOC Last Saved:January 19,2016 a7 e. !�"-=('e C, e d 20 Revised 4/8/14 BJ Page 17 of 17 O ( ut-Vo. 6407 EXHIBIT B, Page 8 of 10 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: 18-02-06-14-7000,MM- 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 • Signatures of Legal Owners Please print or ttyyp nax______, — Signature) Date Signe tvice ill\ e , '— l LCOG: L:18CI2008 80UNCHANGE TRANSITIONIAPPLICATION FORMS15PRINGFIELD110-O3-08 UPDATED FORMSIPRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08.DOC Last Saved: January 19,2016 Date Received Revised 4/8/14 BJ Page 17 of 17 • AI> i 20 ORDINANCE NO. 6409 EXHIBIT B, Page 9 of 10 ANNEXATION NARRATIVE: Date: July 26, 2019 Assessor's Map: 18-02-06-14 Tax Lots 7000 & 7100 Applicant: Bruce Wiechert Custom Homes, Inc. 3073 Sky View Lane Eugene, OR 97405 541.686.9458 Applicant's Representative: The Favreau Group 3750 Norwich Ave. Eugene, OR 97408 541-683-7048 Attn: Tony Favreau Annexation Criteria: 1. The annexation area is within the City's urban growth boundary and is contiguous to the city limits or separated from the city only by a public right-of-way or a stream, lake, or other body of water. Response: The subject property is contiguous to the city limits along its north side. 2. The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and any applicable refinement plans or Plan Districts. Response: The subject property is designated as low density residential zoned land within the Metro Plan. 3. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Response: All key urban facilities and services are available to the property and surrounding areas at this time.There are existing storm drain,wastewater and water facilities in 46nd Street and Ivy Street that can be used. There are also existing power lines, communication lines and natural gas lines in Jasper Road. 4. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. [SDC Section 5.7-140, Criteria] Response: An Annexation Agreement prepared by City staff will be signed by the developer. Date P C r d Aiii'4 EXHIBIT B, Page 10 of 10 Legal Description: Beginning at the northwest corner of Lot 1, Block 4, FIRST ADDITION TO HAZELWOOD, as platted and recorded in Book 39, Page 12, Lane County Oregon Plat Records, in Lane County, Oregon; thence South 00° 30' 20" East a distance of 143.99 feet (Course 1); thence West a distance of 166.00 feet (Course 2); thence North 00° 30' 20" West a distance of 143.99 feet (Course 3); thence East a distance of 166.00 feet (Course 4) to the Point of Beginning, all in Lane County, Oregon. Date Rece6vE cl c6TNelf�#C1 1Q.):4409 _ Exhibit C, Page 1 of 7 C TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION File Name: Osage Street Annexation rio5 Applicant: Bruce Wiechert Custom Homes Case Number: 811-19-000192-TYP4 Proposal Location: Osage Street at Hazelnut Lane (Map 18-02-06-14, TL 7000 and 7100) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Metro Plan and Sprin eld 2030 Refinement Plan Application Submittal Date: August 20, 2019 Associated Applications: 811-19-000165-PRE (Development Issues Meeting), 811-19-000198-PRE (Pre-Submittal for Annexation) ,,,,,, ,.., ., , Oft, 0 5 p . .m , , ai , , ,„. J ,,., l `s `fr `. , , ,, 4,w. _ .1,,,,, ,,,,-- -41:4" 1---21.11117'''' ' ::' , ,,...:A0,,,,, ., " A ,�sn bs*. ai "? ' `.;';;;,::444 ''''' - 44''''');'',-. - . ' 4' . '' ' ' . .1 ' i . I ,,. _ 77,-,1.---1, .•-' 4' ! E'er $ ." .1:-4 -• ' -s.pl .' r,,,., , T. ,, q e iA. ...nor ate., ORDINANCE NO. 6409 Exhibit C, Page 2 of 7 CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Melissa Carino 541-744-4068 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 Building Official Building David Bowlsby 541-736-1029 Review Process (Springfield Development Code 5.7-115): The subject annexation request is being reviewed under Type IV procedures,without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding 1: A Development Issues Meeting for the subject annexation request was held on July 25, 2019 (Case 811-19-000165-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 Qto the annexation of their land". Finding 2: The applicant is also 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 3, Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of two (2) 0.18-acre rectangular residential parcels, for a total of 0.36 acres. Other than existing trees and small accessory structures, both parcels are vacant. The subject annexation area is located approximately 225 feet east of Hazelnut Lane and approximately 500 feet north of Jasper Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its eastern and northern 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 residential development on each tax lot. In conjunction with future development of the properties, the applicant would need to connect to sanitary sewer, stormwater, water and electric lines as well as construct street improvements along the Osage Street frontages of the properties. 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 3, Exhibit C). 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/Springfield Rural Fire Protection District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontages. Upon annexation, the site will be served with a full suite of urban services, including sewer, water,electricity and police/fire response to the subject area. ORDINANCE NO. 6409 Exhibit C, Page 3 of 7 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 4, 2019, 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. Newspaper Notice. Notice of the November 18, 2019 public hearing was published in The Register-Guard on November 3,2019. Posted Notice. Notice of the November 18, 2019 public hearing was posted in five public places in the City: along the property frontages on Osage Street; 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 3: Upon annexation of the subject territory to the City the underlying Low Density Residential zoning will be retained, but the Urbanizable Fringe Overlay District (UF-10) will no longer apply. Due to this change, the Oregon Department of Land Conservation and Development (DLCD) was notified in writing of the annexation proceedings prior to the public hearing. Notification to DLCD regarding the proposed annexation was sent on September 4, 2019. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria specified in Section 5.7-140, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.7-140, Criteria. Criteria (SDC 5.7-140): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. The affected territory proposed to be annexed is within the City's urban growth boundary; and is 1. Contiguous to the city limits; or 2. Separated from the City only by a public right of way or a stream, lake or other body of water. Finding 4: 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 Tax Lot 7100's western boundary and both Tax Lots' northern boundary. 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 5: 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. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding 6: The territory requested for annexation is entirely within the City's acknowledged UGB. ORDINANCE NO. 6409 Exhibit C, Page 4 of 7 Finding 7: 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 has been acknowledged by LCDC. Finding 8: The territory requested for annexation is within a neighborhood that is zoned and designated for Low Density Residential (LDR) use, with Medium Density Residential (MDR) district further to the west. 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 9: 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 10: The territory requested for annexation is currently within the service area of Willakenzie/Springfield Rural Fire Protection District. The rural fire district has a service arrangement with Eugene/Springfield for provision of fire response to some unincorporated areas of Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Willakenzie/Springfield 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 11: 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 12: In accordance with Policy 34 of the Springfield 2030 Refinement Plan— Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service, that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding 13: 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 14: The requested annexation is to facilitate future construction of residential dwellings. Public sanitary sewer service is available along the Osage Street frontage of the site. Finding 15: The representative of the property owner submitted an application for annexation to the City (Attachment 3, Exhibit B), and an Annexation Agreement to be recorded upon Council Approval of the proposed annexation. (Attachment 3, Exhibit C). Finding 16: 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. 6409 Exhibit C, Page 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 17: 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 18: In accordance with Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding 19: In accordance with Policy 32 of the Springfield 2030 Refinement Plan— Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding 20: The territory requested for annexation is contiguous with the City limits along Tax Lot 7100's western boundary and both Tax Lots' northern boundary. Urban utilities have been extended along adjacent public streets and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water—The Springfield Utility Board operates the public water utility system within incorporated areas of Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation,the applicant will be eligible for extension of public water lines necessary to serve the planned subdivision of the property. Electricity—Electric provides service within incorporated areas of Springfield. SUB Electric is the exclusive electricity provider for properties within City limits. Upon annexation,the applicant will be eligible for extension of electrical service and transformers necessary to serve the planned partitions of the properties. 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/Springfield Rural Fire Protection District. Upon annexation,the Eugene/Springfield Fire Department will continue to provide fire and emergency services to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department, and Lane Rural Fire/Rescue to central Lane County. The annexation area will 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, ORDINANCE NO. 6409 Exhibit C, Page 6 of 7 ® 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. 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 Springfield. Based on the planned partitions of the subject properties 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 Osage 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 will be served by a public stormwater system that is located west along Osage Street. Streets—The subject annexation area abuts Osage Street along the southern boundary. Only a portion of ® Osage Street to the west is inside the City limits and the street frontage along the subject Tax Lots will be developed to urban standards with curb, gutter and sidewalk, street trees, and street lighting. Currently, the subject property lacks street trees along the Osage Street frontage so these will be required in conjunction with development of the parcels. Concurrent with annexation of the two subject properties, the full width of Osage Street adjacent to the properties on their southern boundaries will also be annexed into City limits and the street will be developed to City standards. Solid Waste Management — The City and Sanipac 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 (UGB). 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 21: 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 24: The parcels proposed for annexation are vacant residential lots. The property owner has executed an Annexation Agreement with the City that outlines the applicant's financial responsibility for provision of public ORDINANCE NO. 6409 Exhibit C, Page 7 of 7 ® 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 residential partitions of the properties. 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/Springfield Rural Fire Protection District. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding 25: On November 18,2019,the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Finding 26: On December 2, 2019, the City Council will hold a second reading of the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. Zoning (SDC 5.7-150): The area requested for annexation is zoned and designated Low Density Residential (LDR) in accordance with the Springfield Zoning Map and the adopted Metro Plan diagram. Properties that are outside the City limits have the Urbanizable Fringe Overlay District (UF-10) applied to the zoning. Upon the effective date of the annexation, the OF-10 overlay will be automatically removed and the property will retain the LDR zoning. Effective Date and Notice of Approved Annexation(SDC 5.7-155): If the annexation is granted first reading by the City Council on November 18, 2019, and adopted after a second reading on or around December 2, 2019, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor (anticipated on or around January 2, 2020), 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 27: The annexation area is within the delineated service territory of SUB (electric and water) and the Eugene-Springfield Fire Department will continue to provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will continue to provide water and electric service after annexation. Consistent with SDC 5.7-160, notice was provided and a public hearing was held on November 18, 2019. C ORDINANCE NO. 6409 EXHIBIT D, Page 1 of 7 ANNEXATION AGREEMENT This Annexation Agreement("Agreement") is made between the City of Springfield, an Oregon municipal corporation("City")and Bruce Wiechert Custom Homes ("APPLICANT"). 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 August 16th, 2019, for Assessor's Map No. 18-02-06-14, Tax Lots 07000 & 07100. 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 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.Il-C-4, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services is available to the Property along the frontage of Osage St. 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. After Recording,Return to: Place Bar Code Sticker Here: City of Springfield Development& Public Works Department Attn: Engineering Division 225 Fifth Street Springfield, OR 97477 {00013423:11 ANNEXATION AGREEMENT—Page 1 of 7 I:\Type 4 Apps\Annexations\81 I-19-000192-T1P4 Wiechert Osaae Annexalion\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 2 of 7 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. • There is an existing sewer main in Osage St that terminates at a manhole approximately located at the western property boundary of the TL 07100. 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. • There is an existing stormwater system in Osage St that is sufficient to capture the runoff from the length of Osage without extension or expansion. 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. • Osage St fronts both tax lots along their full width and currently is improved with curb and gutter and pavement. 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. CNow,therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obli=o,ationsof 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 building permit approval from the City for all future structures on the two lots, subject to the requirements of the building code, or, pursuant to SDC 5.12-100 for a residential subdivision or partition on the Property. This Paragraph is subject to the requirements of Paragraph 8, below. 1.2. Subject to building permit 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. (00013423:1} ANNEXATION AGREEMENT—Page 2 of 7 I:\Type 4 Apps Apps\Annexations\81 1-19-000192-TYP4 Wiechert Osage Annexation\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 3 of 7 *11160, 1.2.1. Extend the existing sanitary sewer line in Osage street to the eastern most property boundary of IL 07000. Should the city extend this line before the applicant obtains building permits on either lot, the applicantwill pay full value of the sanitary sewer in lieu of assessment charge due at the tune of building permit application. 1.2.2. Should the property owner extend the sewer to the easternmost property at their expense and provide connection points to the existing homes on the south side of Osage St along this frontage,the city will reimburse APPLICANT, or their heir, successor, or assign, for the full amount of the collected Sewer In Lieu of fees for the existing Tax Lots 1802061408900 and 1802061408800 at the time of connection for those lots. 1.2.3. On-site and off-site public street systems to provide for the logical and orderly extension of the following public streets: 1.2.3.1. Agree to extend the public sidewalk along the full frontage of both TL 07100 and 07000, including a driveway that complies with city standards and meets the requirement of the Americans with Disabilities Act. 1.2.3.2. Replace the existing, non-conforming incandescent street light head at the western property boundary of TL 07100 with a modern LED head that meets city requirements and install a new mast arm and street light on the existing utility pole at the eastern property boundary of TL 07000. 1.3. Prior to or concurrent with building permit, subdivision,partition 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. 1.4. 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. 1.5. Provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of the Subdivision or partition Tentative Plan and/or the PIP Plans as necessary to serve the development of the Property, including the construction and maintenance thereof. 1.6. 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, and acquisition of land and/or easements, studies,permits from all agencies {00013423:1} ANNEXATION AGREEMENT—Page 3 of 7 I:\Type 4 Apps\Annexations\811-19-000192-TYP4 Wiechert Osage Annexation\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 4 of 7 having jurisdiction, attorney's fees, and all other costs reasonably associated with the ,. implementation of the needed improvements. 2. Obligations of City. Consistent with the above Recitals,City agrees to: 2.1 Initiate and support annexation of the Property to 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, partition 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 Ri6.2ht of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in the Metro Plan Policy 8a and 8b,p.II-C-4 and as required herein are not provided in a timely mariner 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 (00013423.1) ANNEXATION AGREEMENT—Page 4 of 7 1:\;Type 4 Apps\Annexations\811-19-000192-TYP4 Wiechert Osage Annexation\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 5 of 7 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. 512 U.S. 374, 114 S. Ct. 2309 (1994) By entering into this Agreement, APPLICANT 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 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/Prevailin+u3 \IVa,=e 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 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. (00013423:1) ANNEXATION AGREEMENT—Page 5 of 7 1:1Type 4 Apps\Annexations\8I 1-19-000192-TYP4 Wiechert Osage Annexation\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 6 of 7 I �., DATED this VA r. day of C,' ' d L. , 20 . IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICAN OWNER OWNER OWNER STATE OF OREGON SS COUNTY OF LANE 1 BE IT REMEMBERED that on this r day of a e , 20 before me, the undersignesly a notary jpub is in and for said County and State, personally appeared the within named IR,ut ` whose 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. czz NC; ARY PUBLIC FOR OREGON � OFFICIAL STAMP :' SARAH MICHELLE PETERSON a f -20 -21 NOTARY PUBLIC-OREGON `® p COMMISSION NO.969584 MY COMMISSION EXPIRES L._MY COMMISSION EXPIRES DECEMBER 20,2021 {00013423.1} ANNEXATION AGREEMENT—Page 6 of 7 I.\Type 4 Apps`Annexations\811-19-000192-TYP4 Wiechert Osage Annexation\Osage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409 EXHIBIT D, Page 7 of 7 CITY OF SPRINGFI `` I By: _ / / F . Mary Bridget Smith, City Manager Pro Tern STATE OF OREGON COUNTY OF LANE SS BE IT REMEMBERED that on this day of ,e,i; ` "y , 20 . 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 that she is the City Manager Pro Tem of the within named municipal corporation and does acknowledge said instrument to be the free act and deed of said municipal corporation, and that said instrument was signed on behalf of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. • ice ' ? ARY PUBrfC r( R OREGON OFFICIAL STAMP Vep LINDA JO CRAIG 444 NOTARY PUBLIC-OREGON :}1 COMMISSION NO.953742 MYCOMMISSION EXPIRES AUGUST 23,2020 '� . ',s . _ MY COMMISSION EXPIRES {00013423:1} ANNEXATION AGREEMENT—Page 7 of 7 I\Type 4 Apps\Annexations\811-19-000192-1YP4 Wiechert Osage AnnexationlOsage St Annexation Agreement-wiechert.docx ORDINANCE NO. 6409