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HomeMy WebLinkAboutOrdinance 6411 01/21/2020 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6411 AN ORDINANCE ANNEXING CERTAIN TERRITORY (287 DEADMOND FERRY ROAD) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and Oregon Revised Statutes (ORS) Chapter 222 to accept, process, and act upon annexations to the City; WHEREAS, a request to annex certain territory was submitted on October 18, 2019, said territory being Assessor's Map Township 17 South, Range 03 West, Section 15, Map 40, Tax Lot 1800, which is addressed as 287 Deadmond Ferry Road 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. (SDC 5.7-140.A); WHEREAS, the annexation is consistent with the Springfield 2030 Refinement Plan — Urbanization Element requiring annexation to the City of Springfield as the highest priority for receiving urban services; WHEREAS, in accordance with SDC 5.7-150.A, upon annexation the Urbanizable Fringe Overlay District (UF-10) will cease to apply to the property and the underlying Low Density Residential zoning will be retained; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to concurrently annex the subject territory to the Willamalane Park and Recreation District, as this special district is a service provider for the City (SDC 5.7-140.B), and to withdraw the subject territory from the Rainbow Water District, as the City of Springfield by and through the Springfield Utility Board will provide water service and 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 public street frontage of the subject property is fully developed and all required urban services are immediately available to serve the site, and therefore the City has determined that an Annexation Agreement that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities is not necessary for this property; and WHEREAS, on January 6, 2020, 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 District, said territory being more particularly described in Exhibit A to this Ordinance. Section 3. The withdrawal of territory described in Section 2 above from the Rainbow Water District shall become effective July 1, 2020. Section 4. The City Manager or the Development& Public Works Director or their designee 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 21st day of January , 2020, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 21st day of January , 2020. Mayor ATTEST: (_____Rtits_ck_ City R o der REVIEWED&APPROVED AS TO FORM Krbstt nay Kram DATE: 1[2]/2020 SPRINGFIELD CITY ATTORNEY'S OFFICE ORDINANCE NO. 6411 Exhibit A, 1 of 1 EXHIBIT A I ji _ - Deadmond Ferry Rd .N\\ `rA\ \\\ N City Limits St Joseph PI rpt �y LEGAL DESCRIPTION Situated in the Southeast 1/4 of Section 15, Township 17 South, Range 3 West of the Willamette Meridian and described as follows: Being all those lands conveyed to Leland H. Smith and Heidemarie Smith in that Warranty Deed recorded July 15, 1999 as Reception Number 1999-61899 in the Lane County Oregon Official Records, said lands being more particularly described as follows: BEGINNING at the Northeast corner of the William Stevens Donation Land Claim No. 46, in Township 17 South, Range 3 West of the Willamette Meridian; THENCE North 89°55' West 737.88 feet along the North line of said Claim No. 46; THENCE South 15.0 feet to a point on the South line of County Road No. 90 (Deadmond Ferry Road), said point being the TRUE POINT OF BEGINNING; THENCE along the following numbered courses: 1. North 89°56'00" East, 62.60 feet; 2. South 26°38' East, 306.75 feet; 3. North 89°55' West, 200.10 feet; 4. North 274.2', returning to the POINT OF BEGINNING. ORDINANCE NO. 6411 Exhibit B, 1 of 34 City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street Springfield, OR 97477 Annexation Application Type IV Application Type (Applicant: Check one) Annexation Application Pre-Submittal: ❑ Annexation A. .lication Submittal: Required Proposal Information (Applicant: Complete This Section) Property Owner: Moving Forward LLC Phone: 541-359-9966 Address: PO Box 516, Pleasant Hill, OR 97455 Fax: E-mail: luke@hardylifts.com Owner Signature: Owner Signature: Agent Name: Richard M. Satre Phone 541-686-4540 Company: Schirmer Satre Group Fax: 541-686-4577 Address: 375 W. 4th Ave., Suite 201, Eugene, OR 97401 E-mail rick@schirmersatre.com Agent Signature: If the applicant is other than the owner, the owner hereby grants permission for the applicant to act in his or her behalf, except where signatures of the owner of record are required, only the owner may sign the petition. ASSESSOR'S MAP NO: 17-03-15-40 TAX LOT NO(S): 01800 Property Address: 287 Deadmond Ferry Road Area of Request: Acres:0.85 Square Feet: Existing Use(s) Single-family residential of Property: Proposed Use Multi-family residential of Property: Required Property Information (City Intake Staff: Complete This Section) Case No.: �/( `i Date: ) � Reviewed By: ���,, D 1 l "t �w� T r l rr 1�J� ��!" t (initials) b 1' r t Application Fee: � Postage Fee: 1pq Total Fee: 570T. V,- I°I.000 3 - q& 9-41. Date Received OCT 18 2013 Revised 4/8/14 BJ gPaglipi Ori i f1�i NO. c411 Exhibit B, 2 of 34 Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Date: Ci Signature t-4-) 5 FR Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting,I affirm the information identified by the City as necessary For processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a com.lete application. O -'4"61111111111/ �.� Date: `\ 9C3 Signature Print J Date Received OCT 18 23°3 Revised 4/8/14 B) Page 9 of 16 °` jk6b. 6 Exhibit B, 3 of 34 APPLICANTS SHOULD COMPLETE THE FOLLOWING STEPS PRIOR TO SUBMITTING AN APPLICATION. APPLICATIONS NOT HAVING ALL BOXES CHECKED WILL BE RETURNED TO THE APPLICANT AND WILL THEREFORE DELAY THE APPLICATION REVIEW PROCESS. d Application Fee [SDC 5.7-125(6)(15)] Refer to the Development Code Fee Schedule for the appropriate fee calculation formula. Fees are based upon the area of land being annexed. Copies of the fee schedule are available at the Development Services Department. Fees are payable to the City of Springfield. 41 Petition/Petition Signature Sheet [SDC 5.7-125(B)(2)] To initiate an annexation by consents from property owners as explained below, complete the attached Petition Signature Sheet (refer to Form 1). (Photocopies may be submitted @ Pre- Submittal, with original copies @ time of application submittal). Consent by Property Owners [ORS 222.17011)] If the proposal is to be initiated by the owners of at least one-half of the land area, land value, and land ownership, complete Form 2. To give consent for a particular piece of property, persons who own an interest in the property, or who are purchasers of property on a contract sale that is recorded with the county, must sign the annexation petition. Generally, this means that both husband and wife should sign. In the case of a corporation or business, the person who is authorized to sign legal documents for the firm may sign the annexation petition. Please provide evidence of such authorization. To ensure that the necessary signatures are obtained, please complete the attached worksheet (Form 2). (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). V Certification of Ownership [SDC 5.7-125(6)(5)) After completing the attached Petition Signature Sheet (Form 1), have the Lane County Department of Assessment and Taxation certify the ownerships within the proposed annexation area. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). tel Owners Worksheet Information on the Petition Signature Sheet can also be found on Form 2, Owners and Electors Worksheet. (Photocopies may be submitted @ Pre-Submittal, with original copies @ time of application submittal). ser Supplemental Information Form [SDC 5.7-125(B)(1) and (11)] Form 3 (attached) provides additional information for the proposed annexation that is not requested on the Annexation Application Type IV form, such as special districts that currently provide services to the proposed annexation area. (Photocopies may be submitted @ Pre- Submittal, with original copies @ time of application submittal). 1 Copy of the Deed (required at application submittal) 1K Copy of Preliminary Title Report (required at application submittal) Title Report has to be issued within the past 30 days documenting ownership and listing all encumbrances. Date Received Revised 4/8/14 BJPage 10001_. S 2C] Origifiantik iso Exhibit B, 4 of 34 ✓ Annexation Description [SDC 5.7-125(B)(4)] A metes and bounds legal description of the territory to be annexed or withdrawn must be submitted electronically in Microsoft Word or a compatible software program. A legal description shall consist of a series of courses in which the first course shall start at a point of beginning. Each course shall be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments. A lot, block and subdivision description may be substituted for the metes and bounds description if the area is platted. The Oregon Department of Revenue has the authority to approve or disapprove a legal description. A professionally stamped legal description does not ensure Department of Revenue approval. ✓ Cadastral Map [SDC 5.7-125(B)(10)] Three (3) full-size paper copies and one (1) digital copy (in .pdf format) of the Lane County Assessor's tax map that shows the proposed annexation area in relationship to the existing city limits. If Digital Copy (in.pdf format) is not available, Nine (9) full-size paper copies and one (1) reduced size redline map at 8 1/z x 11 are required. Paper copy maps must be printed to scale. On all submitted maps the annexation area shall be outlined in redline with survey courses and bearings labeled for cross-reference with the metes and bounds legal description. If the annexation area extends across more than one tax map, sufficient copies of each affected tax map must be provided. Please be aware that annexation redline closures must avoid creating gaps or overlaps, and may not necessarily correspond with the property legal description. Cadastral maps can be obtained from the Lane County Assessment and Taxation Office. tier ORS 222.173 Waiver Form [SDC 5.7-125(B)(8)] Complete the attached waiver (Form 4). The waiver should be signed by each owner within the proposed annexation area. 11 Public/Private Utility Plan [SDC 5.7-125(B)(12)) A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and public works staff will work with the applicant to complete the Annexation Agreement. S ' Written Narrative addressing approval criteria as specified below. All annexation requests must be accompanied with a narrative providing an explanation and justification of response with the criteria stated in the application (also stated below). [SDC 5.7-125(6)(13)and (14)) A. The affected territory proposed to be annexed is within the City's portions of the urban growth boundary and is contiguous to the city limits or separated from the City limits only by a public right-of-way or a stream lake or other body of water; B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plan or Plan Districts; C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and D. Where applicable fiscal impacts to the City have been mitigated through a signed Annexation Agreement or other mechanism approved by the City Council. Three (3) copies of the previously required information. ALL PLANS AND ATTACHMENTS MUST BE FOLDED TO 81/2" BY 1P9tiDlit6E IA3Y RUBBER BANDS. +Tr Revised 4/8/14 BJ Page 11 �V�1�61 8 2013 origin PAtfPM Exhibit B, 5 of 34 �� SCHIRMER SATRE GROUP i�� Planners, Landscape Architects and Environmental Specialists 375 West 4th Avenue, Suite 201, Eugene, Oregon 97401 •. al (541)686-4540 • Fax(541)686-4577 • www.schirmersatre.com SCHIRMER SA1RD TRANSMITTAL TO: City of Springfield DATE: September 25, 2019 225 5th Street • PROJECT: Moving Forward, LLC Springfield, OR 97477 Annexation--Re-Submittal • CLIENT PROJ#: ATTN: SSG PROJ#: 1926 TRANSMITTED: Herewith X DISPOSITION: For Your Approval Separate Cover For Your Information/Use X Other For Reply TRANSMITTED: #Copies Item Dated No. Pages (In addition to this cover page) 3 paper copies of a: Re-Submittal Annexation Application Packet September 13, 2019 Several REMARKS: This Annexation application packet is hereby submitted for pre-submittal. The submittal package includes: 1. This Transmittal 2. Application Fee 3. Application Form 4. Application Attachments Form 1 —Form 4 5. Written Statement 6. Deed 7. Title Report 8. Annexation Description 9. Cadastral Map 10. Public I Private Utility Plan 11. Site Plan—Existing Conditions We look forward to your assistance with the project. Don't hesitate to contact us should you have any questions or need any additional information. Thank you. COPIES TO: Agency BY: File X Consultant Team X nn Ap� Owner X Other Richard M. Satre, AICQat ceived OCT 18 201 O�tl1IliLh � `' Application #: C SP 2009 - _ For City Use Only FORM 1 PETITION/PETITION SIGNATURE SHEET Annexation by Individuals [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 Signature Signed Residence Address Map and Tax Lot Number 9 Print Name Land Acres m/d/y (street, city, zip code) (example: 17-04-03-DO-00100) Owner (qty) 1. 41112.1iq Lucas Hardy PO Box 516, Pleasant 17-03-15-40/01800 0.85 2. t"\ZINS 0 F � Hill, OR 97455 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, ha-tt4- cl-wtk,k (printed name of circulator), hereby certify that every person who signed this sheet did so in my presence. x ` (signature of circulator) CERTIFICATION OF OWNERSHIP °The total landowners in the proposed annexation are 1 (qty). This petition reflects that 1 (qty) landowners (or legal representatives) o listed on this petition represent a total of 100 (%) of the landowners and 100 (%) of the acres as determined by the map and tax lots attachT z 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. Ef rn zr, P Lane C• . e•a�'m nt of Assessment and Taxation/lieo cn Date Received Date Signed and Certifi OCT 1 "13 • Revised 4/8/14 133 12 of 16 Original Submittals,..' Exhibit B, 7 of 34 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 17-03-15-40/01800 Lucas Hardy 0.85 $158,555 Y ✓ Moving Forward, LLC e6 OF Mo n%For WcL(c4,LC TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL 1 NUMBER OF OWNERS WHO SIGNED 1 PERCENTAGE OF OWNERS WHO SIGNED 100% TOTAL ACREAGE IN PROPOSAL 0.85 acres ACREAGE SIGNED FOR 0.85 acres PERCENTAGE OF ACREAGE SIGNED FOR 100% TOTAL VALUE IN THE PROPOSAL VALUE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR D-ate Received OCT 182019 Revised 4/8/14 Bl 13 of 16 OCIgin�I��TNANC,f NOv b 11 Exhibit B, 8 of 34 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: Rick Satre, Schirmer Satre Group E-mail: rick@schirmersatre.com Supply the following information regarding the annexation area. • Estimated Population (at present): N/A • Number of Existing Residential Units: 1 • Other Uses: N/A • Land Area: 0.85 total acres • Existing Plan Designation(s): Low-Density Residential • Existing Zoning(s): Low-Density Residential • Existing Land Use(s): Single-family Housing • Applicable Comprehensive Plan(s): Eugene-Springfield Metro Are General Plan • Applicable Refinement Plan(s): Gateway Refinement Plan • Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. See Attached Annexation Application and Written Statement • Are there development plans associated with this proposed annexation? Yes No I If yes, describe. There are no development plans associated with this annexation application. However, the applicant is proposing a xx unit multi-family apartment complex. • Is the proposed use or development allowed on the property under the current O plan designation and zoning? 0 ✓ 5' Yes No o (p 3 ---i xi Please describe where the proposed annexation is contiguous to the city limits CoFl a n (non-contiguous annexations cannot be approved under 5.7-140, Criteria). n (D Z. The property is contiguous to the City limits on its northern, eastern and southern s boundaries. • Revised 4/8/14 B] Page 14 of 16 ORDINANCE NO. 6411 Exhibit B, 9 of 34 Does this application include all contiguous property under the same ownership? Yes ✓ 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 ❑ Eugene School District 0 Pleasant Hill School District ❑ Springfield School District 0 McKenzie Fire & Rescue ❑ Pleasant Hill RFPD 0 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. Rick Satre, Schirmer Satre Group (Name) (Name) 375 West 4th Avenue, Suite 201 (Address) (Address) Eugene, OR 97401 (City) (Zip) (City) (Zip) (Name) (Name) (Address) (Address) (City) (Zip) (City) (Zip) Date Received OCT 18 . Revised 4/8/14 BJ Origineg tto- --- . ORDINANCE NO. 6411 Exhibit B, 10 of 34 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: 17-03-15-40/01800 287 Deadmond Ferry Road 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 Date Signed Lucas Hardy Moving Forward, LLC For krci LL Date Received LCOG: Lr 4BC20DB BOUNCHANGE TRANSITIONVPPLICATION FORMS\SPRINGFIELD110-03-08 UPDATED FORMS4PRE-SUBMITTAL ANNEXATION APPLICATION 10-07-08.DOC Last Saved• Apra 9,2014 OCT 182019 Original SubrigsYW—fgl Page 16 of 16 ORDINANCE NO. 6411 Exhibit B, 11 of 34 October 18, 2019 MOVING FORWARD, LLC 287 DEADMOND FERRY ROAD Annexation Map 17-03-15-40, Lot 1800 Written Statement In accordance with SDC 5.7-125, Annexation Initiation and Application Submittal, the applicant, Moving Forward, LLC, is requesting that the City of Springfield review this annexation request and determine that the proposal complies with criteria contained in SDC 5.7-140 and that the requested annexation can be approved. To aid Springfield staff in this endeavor, the following information is provided. I. THE SITE AND EXISTING CONDITIONS A. Planning Context The subject property is inside the Urban ( - _ r Grown Boundary(UGB)and outside the City Limits of Springfield. The site is ‘. contiguous to area inside City of Springfield city limits on its north, east and southern boundaries. The property to the west is outside of Springfield city limits. The Metro Plan designation, neighborhood plan designation and zoning for the subject property is as follows: ; Metro Plan: Low Density Residential Refinement Gateway Refinement °.*.„)? Plan: Plan Base Zone: Low Density Residential a \ Overlay Drinking Water ; ' �� Zone: Protection & Floodplain Excerpt Overlay Subject Property Springfield Zoning Map April 2019 B. Subject Site The site is located south of Subject Deadmond Ferry Road in the Property Google Earth Gateway area of Springfield. It is July 2018 comprised of one tax lot(Map 17-03-15-40, Tax Lot 1800)and is approximately 0.85 acres in size. The site abuts Deadmond Ferry Road to the north, with single family homes to the west and office facilities to the north. To the south is property owned by PeaceHealth. Aaramr--- 141 Date Re tif 1zi..:1I11 1"S 375 West 4th.Suite 201,Eugene,OR. ;• 1 . S N II R E R PLANNERS + LANDSCAPE ARCHITECTS * ENVIRONMENTAL SPECIALISTS Phone:541•686- Fax 541 685AIR E w ww.schirmersatre.corn Original Submitt. ORDINANCE NO. 6411 t Exhibit B, 12 of 34 Moving Forward LLC—287 Deadmond Ferry Road Page 2 of 4 Annexation—Written Statement October 18.2019 C. Development Objective The development objective is to develop multi-family housing. Among other permits and approvals, annexation into the Springfield City Limits is the first step. II. ANNEXATION—APPROVAL CRITERIA Annexation Approval Criteria are found in Section 5.7-140 of the Springfield Development Code (SDC). Applicable sections of the Code are in bold italics followed by proposed findings of facts in normal text SDC 5.7-140. An annexation application maybe 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 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 affected territory is located within the city's urban growth boundary and is contiguous to the city limits on its northern, eastern and southern boundaries. Given this, criterion 5.7-140(A)is met. B. The proposed annexation is consistent with applicable polices in the Metro Plan and in any applicable refinement plan or Plan Districts; Response: The subject property is designated low density residential on the Metro Plan diagram and low density residential in the Gateway Refinement Plan Diagram. Once annexed to the City of Springfield, the Urbanizable Fringe (UF-10)overlay will no longer apply and the site will be zoned low density residential. Metro _ - - Glenwood �' +� Plan 1 Refinement •41 4414t�iir . 4..%. Diagram ''N{ Plan ♦•••••.•••.•\44 4 • MC h 2010 aNovember •�4441444�•�44•�4444t 7_ 1992 4fVr ca.,..r' y t�j A. �1a"1' R14l1jtl, I. ..�. ttAYOE BR/pGE RO ...,. A'otirie..:E METRO PLAN: Applicable Metro Plan policies and findings in support of this annexation request are as follows: C. Growth Management, Goals, Findings and Policies: • Policy 8a. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: A minimum of key urban facilities and services can be provided to the area in an orderly and efficient manner. 2 Response: Minimum key urban facilities and services as defined in the Metro Plan •� N includes wastewater, stormwater, transportation, solid waste management, water service, C c electric service, fire and emergency medical service, police protection, city-wide parks (1) .--i E and recreation programs, land use controls, communication facilities and public schools Ct F-- .ra on a district-wide basis (Metro Plan, Chapter V, Glossary,definition 24). As documented C1S To' O .1pO Schirmer Satre Group•375 West 47'Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 ORDINANCE NO. 6411 Exhibit B, 13 of 34 Moving Forward LLC—287 Deadmond Ferry Road Page 3 of 4 Annexation—Written Statement October 18,2019 elsewhere in this application these key urban facilities and services can be provided to the subject site in an orderly and efficient manner. • Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. Response: Annexation into the corporate limits of the City of Springfield is codified in the Springfield Development Code (SDC) 5.7-100-5.7-165. Processes and procedures regarding annexation are, by submittal and processing of this Annexation Application, being followed. • Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. Response: The subject site is inside Springfield's Urban Growth Boundary and will be provided with the minimum level of urban facilities and services. • Policy 18. As annexations to cities occur over time, existing special service districts within the UGB shall dissolve. The cities should consider developing intergovernmental agreements, which address transition issues raised by annexation, with the affected special service districts. Response: A special district providing services to the subject property is the Willamalane Park and Recreation District. Willamalane is not contemplated to dissolve. Concurrent with annexation into the city, annexation into the Willamalane Park and Recreation District will also occur. Given the above, criterion 5.7-140(B) is met. 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 Response: The annexation site can be provided with key urban facilities and services as defined in the Metro Plan. Facilities and services applicable to the site, including information regarding providers, existing facilities and service extensions, is provided below: Storm: Public stormwater infrastructure exists in Deadmond Ferry Road adjacent to the subject property. Sanitary: Sanitary infrastructure is adjacent to the site in Deadmond Ferry Road. Water: Water infrastructure is available on the site. Water is currently provided by the Rainbow Water District. After Annexation, water will be provided by the Springfield Utility Board (SUB). Electric: Electric infrastructure is available on the site. Streets: Deadmond Ferry is classified as a Major Collector per the TSP. Right-of-way has been dedicated along the Tax Lot. Given this, criterion 5.7-140(C) is met. Date Received OCT 182iii] Schirmer Satre Group•375 West 4"Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 O4R J1Wt 0. 6�Yi Exhibit B, 14 of 34 • Moving Forward LLC-287 Deadmond Ferry Road Page 4 of 4 Annexation-Written Statement October 18.2019 D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Response. Annexation of the subject property into the City of Springfield is not anticipated to have any fiscal impacts. Therefore, an Annexation Agreement is not required for annexation of the subject property. Given this, this criterion 5.7-140(0) is met. Ill. Conclusion Based on the information contained in this written statement and elsewhere in the application submittal, the applicant believes that the requested annexation can be approved. If you have any questions about the above application, please do not hesitate to contact Rick Satre, at Schirmer Satre Group, 541-686-4540 or rick(c�schirmersatre.com. Sincerely, RI:chard/M. Satre/ Richard M. Satre, AICP, ASLA, CSI, Principal Schirmer Satre Group Date Received OCT 182013 Original Submittal (1N'"' Schirmer Satre Group•375 West 4''Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540•Fax(541)686-4577 ORDINANCE NO. 6411 Exhibit B, 15 of 34 — Lane County Clerk 2019-018429 MIN Lane County Deeds & Records _■• 05/14/2019 03:01:36 PM CASCADE TITLE RPR-DEED Cnt=1 Stn=9 CASHIER 06 2pages $92 00 CQ. 510.00 611.00 S10.00$81.00 TITLE NO. 0312540 ESCROW NO. EU19-0770 MB TAX ACCT.NO. 0150555 MAP/TAX LOT NO. 17 03 15 4 0#1800 GRANTOR LELAND H.SMITH and HEIDEMARIE SMITH GRANTEE MOVING FORWARD, LLC $3451 LAZdi_E 1Qtii CreS+ue1t,Coe Dt74242 Until a change is requested After recording return to: all tax statements shall be CASCADE TITLE CO. sent to the following address: 811 WILLAMETTE ***SAME AS GRANTEE*** EUGENE,OR 97401 WARRANTY DEED -- STATUTORY FORM LELAND H.SMITH and HEIDEMARIE SMITH,as tenants by the entirety,Grantor, conveys and warrants to MOVING FORWARD, LLC,an Oregon Limited Liability Company,Grantee, the following described real property free of encumbrances except as specifically set forth herein: Beginning at the Northeast corner of the William Stevens Donation Land Claim No.46,in Township 17 South, Range 3 West of the Willamette Meridian;thence North 89° 55' West 737.88 feet along the North line of said Claim No.46;thence South 15.0 feet to a point on the South line of County Road No. 90(Deadmond Ferry Road),said point being the true point of beginning;running thence South 89°55'East 62.60 feet along the South • line of said road;thence leaving said South line, South 26°38'East 306.75 feet;thence North 89°55'West 200.10 feet;thence North 274.2 feet to the true point of beginning,in Lane County,Oregon. The true consideration for this conveyance is$295,000.00 AS PAID BY/TO AN ACCOMMODATOR PURSUANT TO IRC 1031. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301(Legislative findings) AND 195.305(Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010(Definitions for ORS 92.010 to 92.192)OR 215.010(Definitions),TO VERIFY THE APPROVED USES OF TI14.4,0T OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICESMiteliktinelpm 30.930(Definitions for ORS 30.930 to 30.947),AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY— OWNERS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legis)�findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 ppnatMnd WRD-EX LTR Qv, Origig MNL'L NO. ��i1 Exhibit B, 16 of 34 Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. Except the following encumbrances: Covenants,Conditions, Restrictions,Easements and Rights of Way of record, if any. Dated this /0" day of , , AO/6 det...9-44 f toinetataiiL LELAND H.SMITH IDEMARIE SMITH State of Oregon County of Lane This instrument was acknowledged before me on Ad /O- ,2019 by LELAND H.SMITH and HEIDEMARIE SMITH. • ♦:", OFFICIAL.STAMP "..----(Notary Public fo Oregon) .i .,tip .. NADJA ROSE REYNOLDS My commission expires 4 NOTARY PUBLIC-OREGON i' COMMISSION NO.977705 MY COMMISSION EXPIRES AUGUST 06,2022 • Date Received wR1}-Ex LTR OCT 18 2g15 Nye F ORi nl Sll�i11 � J_----- ti Exhibit B, 17 of 34 *0315391 CASCADE} "CO ' PRELIMINARY TITLE REPORT CASCADE ESCROW September 23, 2019 ATTN: MELISSA MITCHELL Report No: 0315391 811 WILLAMETTE STREET Your No: EU19-2348 EUGENE, OR 97401 Seller: MOVING FORWARD LLC Buyer: TO COME PRELIMINARY REPORT FOR: Owner's Standard Policy $T/C PREMIUMS: Owner's Standard Premium $T/C Gov. Lien/Inspect Fee $35.00 Temporary Billing $225.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(ies) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY in the usual form insuring the title to the land described as follows: Beginning at the Northeast corner of the William Stevens Donation Land Claim No. 46, in Township 17 South, Range 3 West of the Willamette Meridian; thence North 89° 55' West 737.88,feet along the North line of said Claim No. 46; thence South 15.0 feet to a point on the South line of County Road No. 90 (Deadmond Ferry Road) , said point being the true point of beginning; running thence South 89° 55' East 62.60 feet along the South line of said road; thence leaving said South line, South 26° 38' East 306.75 feet; thence North 89° 55' West 200.10 feet; thence North 274.2 feet to the true point of beginning, in Lane County, Oregon. Vestee: MOVING FORWARD, LLC, • an Oregon Limited Liability Company Estate: FEE SIMPLE DATED AS OF: SEPTEMBER 10, 2019 at 8:00 A.M. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions) : 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. No liability is assumed hereunder until policy has been issued and full policy premium has been paid. MAIN OFFICE FLORENCE OFFICE VI LA _.." 1 0 F 811 WILLAMETTE ST. 715 HWY 101 *FLORENCE,OREGON 97439 47-Pr �1P' iJITE 100 EUGENE,OREGON 97401 MAILING:PO BOX 508*FLORENCE,OREGON 97439 EUGENE,OREGON 97401 PH: (541)687-2233*FAX: (541)485-0307 PH: (541)997-8417*FAX: (541)997-8246 PH: (541)aet 23' 1 Lc;(5 41)844-1626 Exhibit B, 18 of 34 Order No. 0315391 Page 2 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Property taxes in an undetermined amount, which are a lien but not yet payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. 7. Power line easement, including the terms and provisions thereof, granted to Tri-State Railway and Power Company, by instrument recorded November 29, 1910, Reception No. B087 P279, Lane County Oregon Deed Records. 8. Easement Agreement, including the terms and provisions thereof, granted to Heidemarie Smith, by instrument recorded July 15, 1999, Reception No. 1999-061898, Lane County Official Records. 9. Deed of Trust, including the terms and provisions thereof, executed by Moving Forward, LLC, an Oregon Limited Liability Company, Grantor, to Cascade Title Company, Trustee, for the benefit of West First, LLC, an Oregon Limited Liability Company, Beneficiary, dated May 7, 2019, recorded May 14, 2019, Reception No. 2019-018430, Lane County Deeds and Records, to secure payment of a note for $325,000.00. 10. A copy of the Operating Agreement of Moving Forward LLC, including any amendments thereof, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute on behalf of the Limited Liability Company. 11. In lieu of the signatures of all the members and/or managers, we will require a Consent Resolution by all of the members and managers of Moving Forward LLC, consenting to the forthcoming sale or encumbrance and disclosing the party(ies) authorized to sign for said limited liability company to be provided prior to closing. NOTE: The property address as shown on the Assessor's Roll is: 287 Deadmond Ferry Road Springfield, OR 97477 NOTE: Taxes, Account No. 0150555, Assessor's Map No. 17 03 15 4 0, #1800, Code 4-22, 2018-2019, in the amount of $2,279.81, PAID IN FULL. NOTE: A judgment search has been made on the above named Vestee(s) , and we find NONE except as set forth above. Date Received OCT 18 2019 Order No. 0315391 Exhibit B, 19 of 34 Page 3 NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: Warranty Deed recorded May 14, 2019, Reception No. 2019-018429, Lane County Deeds and Records. NOTE: The premium amount has been reduced by application of a reissue rate. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. mm/rh: Title Officer: MARY ASHCRAFT Date Received OCT 1.8 3 Original Submittal ORDINANCE No'b 11 eatiarM A . .y�� �1 Exhibit B, 20 of 34 ' M1..4n 1 y if w l`:•L!''Ju� !1^ sit �A �� � Y CASCA .IE TITLE CO. MAP NO. 17-03-15-40 51 .54' 1200 N 13°59'00" E 0.3 AC 49.94' N 01°46'00" W ............... ... (- I---" 0_0 (--- Deadmond Ferry Rd. W 1 \..._j • 7/-7‹ ,/- &d— ti e 44.. .99,149.7 N 89°56'00" E 1651 .35' —EGQ.-I �� n , 7 7 7/7/ 81 .6 86, w X85' ) "6. .6 '4' 7 100 \ 159' .5i Ac 2000 1900 \� , 1700 N 0.49 AC 0.53 AC 1800 ••'v 1 AC 2 N p_85AC , D` . �` N KV N (N D '(&\) , C 3% rn rn 0 �., CJ: 1 i wC5:14-‘ c0 (0 6' 00478 G, C\J N a 3"`I� G N c\J -‘10,N ul .01-1,‘ 0 04 _ 2 2 0 0 \vt . 0 co 81-6 : ., 85' E 159' X X X DatReceived THIS MAP/PLAT [S BEING FURNISHED AS AN AID IN LOCATING THE HEREIN BED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, ANRrIS$�QT,3 §URVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURAN P I P ='ESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS,DISTANCES, • . LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOOW 1 ' tarp0-.1 (.01\1" O DINANCE NO. 6411 , amoo...............m. .48.4 . tYC (;-7 2:TIO Exhibit B, 21 of 3 • i 5,- . , r:,,,.:,...._.:_.......---_,...- --.7swz'oirr-•••-e- Z..w.......--o-.--.................a .--.^..-,-..=-=..-.........-....- e to thegrantOr heroin. Also any and n2.3. Other richts or vray of any n.rutkv o ry itind, c harm:tnr arid 1 description.ownedor hold by, or Iii which the grantor herein nal. be in' navv:Isa interested, in laid CoUnty.of M Lone, ato'of-Oregon• I : Alse.that•oortain frarichiSe, or partait, ranted by the County court or the State of ...i 0 re g011:••inTdiAd.raiAtlie.Coditit-Or-Lane I.'dated jUne9, 1910) grunting'pc ri:d.es ion to tho,Pa eflo -I Eaeptiftwiintiet,ing.':.Coranny', its• suontiocare and a'saltyliii, to operate and maintain iilialko i I wired iiiiiii4blOiralontriuidtteve-r7.-Certain county road's 'in nr.id permit described, entihieh'dna permit'Iiiiiii'90614til-Piti,§ii, d':11-31,:of'Jtily, 191.0.p duly ausigied, tran.sferred :4.1c1 cot, oVor'; by id i ! Pacific ElettricalAgine,e'ring Company, to grantor'herein, and:also any and all other french-f . 1$6.11' f&-tiiii.itainteinatiee:',Ot,eleetric wire's-and POlea over an other county roads in said • .1 i 2 County of Mitviii.),IieliP-Iiir Grantor heroin or in Which said grantor-May be in e nywine irtterested. Alio:'ca4borit'iiiOta•ibi.the supplying 'of light or ?Gnat to Guy:and all municipalities in t i said Cetintkcief Vaisii-tricrall'..Cianchisea.granted to, or'held by, grantor herein, for the con.- ' 1 struetiOfifiricti'iiie end Maintalianne of. electric light and poker plerite and the Z7Up0,7ifig and dikkihnting,.of olentriatt.for light'and power to any nuniCipalitiesin said State of Oregoit; andl,pl.rtibularly'ttcortain tranchine, dated July 26, .19/6;..b're•nta d by the City of &motion..04.'tylktunr:Pacl.fier,alliiitrieal Prigineering Compan,y, and by-Said-Contiany.thily aedigned ; to .iiifit)iii!‘heikaff:e•J'afid thitc!iiig*,i.e.in franchise P dated December 6';.1964,a-drentbdit by ucV City of ..! Juniitiiii)..(iiii...,*fiiii''.3I.Atie'ti*.bity-tiaiinti3,eiturine; Company, andWhiChiiiiid,'frarialiiitehabi been by-Melg_9,1 +obiiieVe-.1.16*rdtil,yj:•433.1iirled'and transferred to grantor heritilia:F"iiidc't/tWee'itaili"fifinch4 ise i.dateday7241i9lb grehtedAr..-the City of Rarrioburg to PaCifiii".E0'itriiii91,-#Ziiiiiaririg Company, and"hy.'.!331.d.,a oinpaKy-YAditlVai,oigned to-.grantor•herein, and Writ;atid,all 'ci;tlie r"iratichineil. 1•I of iiiiy-Araturo.oheitiVtii.r.-'aheildicskiptIon) held by or in which the, t.„Te7iitei.illitaite.19.31-be"ititereste and:•ill•knted'iibill.4.nyffthorlIniniCipalitie a 'in-the said State_of Ore'giic4• .• ' i s;:.ig A1io7J,934.1r34P9atiVi':;ftilfr,,,iiiiterials 2 =polies) machinery diitintlieliVi,,eitililV Other:property; -.:r.,, or anitilitaiielitFftliekelfri[c'inz•anY.'fway•belonging"to'or.aopertaiiiiit't'Ortifie."#irkiti3riiiiiiiiifere descritaregOidtkie'ligleght;Pictintriatid'all billti..and accounts reo"iiivibl4fi:cifiiiW'fil-01.7ii40Kand flatt-,144.111-4')i(Sigivtirj:!iyettonc. bentrrecta, cleiner,tifidizderivindo, now Olinee*rtri,Titte'ditfitarr'in. conte neotien'n.ii:t10ii'isin2.-P7-!iii'niia'r,i.elating to.:said-iiiir'einbefore descritied''PlafiVetkigiii4r4With I .....A all 644-'.aitignis;:-.01.00:.tliiecnit 5-$..-hern ci itarognit tr.and appnr tanane a a.:ifici iiifniiie tioZifttiiiik.40147 in anyl •r.p.5 'duo rgiiiiItbatitfidii4m4Niiiilri-fitiei•dlini or reversions., reminder or reOeihderiii.;:4.464:%'arika,..e._9 rantii4i Isnot s9oandfiprofit 3there'ef. Ik0.-ifitIrt?;AROt.t.PROLD"r14.-1 And'singular the prerilsos, Itren 3 •:rano, right of day', licenaes,,, Piffil, franchieesileisewitir.i and'oth'ef"property aforesaid, unto the mid part, oftha sienna'le•'-'0`.4.•taildi147.1 itsfare#er. • '4' I A hiqiiiiigiii0W00.66*VItiiiiii.iiitcrantor has eausedtliene prosentw,o be'cipoUte4'47. its 1 v:TI corporate ni.:iiii:Iiil.it'3••Prifitp.e .Cif heera, and its Corporate-meal to•he'hereunto-affitedi7irr. accordaiiCirWif,h,thell'filithotithireinfore duly given,.the,day and ,oar first abliiieverritten.. i 4 • -.W.W.RYLLESBY.AND*COMRARY, 9 •1 • • By H.M.By'llesby Attest: R...1:Graf President. . ' 4 • - Secretary. Corporate ; 4)1 Seal.. i !4i Signe d iSoi,ilod.and De 11.ye ro d in picnieinaiiar: - . . ,I ,410 %.y..• - 1 ,::-.0-,. ..._ . State or Illinois: ) ..,• uoutity .o1*- poole ) ss. .,....- 1., • • • ‘ • -v, • . . ' i 1 Okthirsq-I4ttifiday of floembefr,1910, before me personally appeared R.M:B39.4esby;and!f4li- i ..i.t.„ R.J.chit;;',.:Elik,lieZirfili„isizialli..'Itiiiii74,71.-...i.ena: being:cCuly dwdert f did nay that ho,;:the-i•said*W.1.1Y tw:..N..9..,1 B3,149017,'-i.V::the"Mikitiiident, anik'fiii 7 thei1.319.141 11.4 (par,. is the Fcretary or 1.E.It.ByAleaby.and q. Coip.p.iNktiyiVIkdiiiiiiWritiran,R:54aTitiri&the foregoing,instrument,-and 1 ii)-tilithat,.itha.9.-Ipe4N7iaf14,idp* • i A said?iihiltin)gilig--ieineriiiiritit'ettal:eit:-.-meid.corporation, and the'OUi4;:ipinki.f*3a1.:1,g...t$7.1 '• ' I ' :',:7fril niEli011f040644;iifirr •VehalVOqieii:d:CO6Oretion by authority of itri4)42:.ittiCfr-Dgeoter...3-V;:lindi ; .•!.1,11 said!ROCityi6334iViliid.'ji.'..T Cre'S-acknreiledgedine.id instrninant to be the -f.iiie,atIttgildircitif-tiFiit.. said.corppraWnci.eLo. u1,-.-i.1.,e,iV,•••'44 .aTriEOlrrWPPIJive hereunto set mu hand and affixedmy ofriiEei.1i-4- , r•M thin-thiliodgiiiiekinti gtiot. iti.tiiis•ow certificate.written. • . .1"••,,,,.. :.• - . .., . , ... . - ..-. . , .. • . ' C.A4)Vhe . " r .' 1 AV Noterigi11.4 ... ht; ', . ' • • • • I i.. Notary Ptib LIG I i 'AN ' •• - . • - • 1 '''% try .c(filinwn:Amirt:-11-4-i—fra s•,Tnly lat. 1913. In and op eonnik or'flonlo-State. at • .• . . • • . Illinois, . . . . • . . • . ...e...-.....- -•:. . ; dt:it.04 • . . ) Right of Way., Deed. . ?._Ip?.g.i. l'.IIM . Adel.ph,;443:.e'ilet,a3... ) , „•-;••iti....k• • i....".:20ii4 • Wee. ...01":- j Filed.for record Nov 29tn 1910 at 1 ol.oloon r';1,1..c....,-•.. „yr:WI - Iri"iO4Viiiik;;&*!. Power.CO. ) - HIU.nee County Clerk, * 4iWIRA; Per J.A.frowitnin Deputy.. ".-.iit! ;',, '•';!.?'4,v:f.:,,t_,44*i ''• • ....:ahr.4....c..,...-:•:.;.1kk,!...th_:.1.4,i.. . •.'!:' • _ '' 4. r ,fry___,.•' T,.'..4.W-s _,..- ,._1-?4'Ityq. „.rthlFgkrttprvp,RE4diigi,,;itliiiA33 , ..rtt,4y,,pg!.pc FeDe , 1,210).br ant-r1?4?tt-M.". ..(, p. ,. .,71.4.1.tav ,.u5e,1 iiiKArr:zikiiiiittinit.7.61-lin& RAD:v.11.611er s.1:i3T:irife.;,417: ,.. . ..... = ..: .i..., ..„:4,,,-;.....-t, a1142.gaigiiiiirithibilieid .ailti:t.?:44;%.1)77%"Aiii;,?-16..iiii.01.i;g1P-WiIPTP.*.fi'fFrO40000. bt,livime,frei.--a:44,--,,,--1---i.r—riait -J,'di;iaici.,:..riiiii;tita i,aket,:taiRbiilit-4mA/if'.' 14.01.i.Ntro-f;F:,‘,0.,,i-x.'0,.3r./1 • ‘-7.1•144... .• SriLMAtrP ?1,14iM,..q.t .,.1.9-.. • ..''-, .e -, .-,...••,,..-v.-_,.,,,fr, ,A,-• i %iinaiwgxotax1poophtivAviii,Y,ofigmftgedrpok0AbthnvibaltATprindipnlorrinolli. 1:., 40065gfiqh lipt.1.17..i....p.ro..1,0.,,,... .,-...., %.,...,,,.,,p7.A..-asy,:v.",gia.VP.;:-.. .:-..5.1,9eit'71451.9-':517:kelie-P1-.70.Pg'41+4..;.44:0?,,,,..' n•..?.'.I C'te.--441 - . a4nef•ter,PlotthiedW:thO.ftlompany.lizpitistyysoftheegandi.part . , ..-F4AVg.i.9-! ---1,-..4...t' ' •-''''A1/47•VV.-'iljr.#4M-F114'n..T.1.7.01..21 "14144tr-'•:,;',-361-....:4,41r-r-i.144 .,1,-...',?.:-.,-:.•-;•:?1,ut.4.i.;••.'$!,:-.,:7vo:4• 444.:4.-....W...c41,4,,-vr.o.r,*:•."77,.. ... .-. . Origini Submittal N 0,6.44 Exhibit B, 22 of 34 ' `a i + That tLtty nraaLtors, fo,-kanvi in c+onsidereition of the minor Tiyry,lturdxroii f s G.0F:50.00) Itvalla neney Of 'dm United States, to than in handpaidand H'+,'tY ',ollnrc 4 r 3 ihZtreOr is hero sol C by the company,' and cocoa ' •• - �• Ctorrled,,od, do b; those presents grrsnt, bezairt, 0®11, n-onr-oa• and P r- . i odnfirm wato thn Corran;y and to"its successors and anrri,.na f orotiar, a eight tt 4., Olo'rtric pole i,ino:fiir. the"'rare,= r theo of nay for ar, r r � „,itsg•,U_ wires and freats:t+calan of olosbrie . wtth the right 'to ereat poien ani to stretch •wren and linea of wire between oler,�•, i Faith nocesanr; att'i prober'n*ipJianaz:s to sustain mtrh ole 11 pales, •',: t=s e p non and poles in, over and l (carom the f ollonrin� described land nttuated in the County of Lam and State or Oregon) toriit; ' ' If About One hundred'and - seven-•seven ac_en i0 Donation 14.nd Claim flo.46 in :,oat 22 • l' ''. •..:.. ionor f Township 17F'Bauthsi'R�Lnge •3'•tfo'st•aftho W13ltrne"o-3ieridie:.•,_mho;10 a1 title to which now oh, f starids.-izy,thk nate d+.3Y:W (a1.irinte., the Haid•Atigunt Muller and Adolph Muller holding a 1` jK eontraot• o! x iiiihiiii© tIteroo£t nlsr " Xz botweenr.the roai?,'fence.anit,4b i;:en ar'ii11)5t'1iJO cut dICt.doe mirxieahi'tt tree swithisa �.^ 1 pole`�liria;;'lelong the'=hilhw�, it i,ic*iSliP3it o'ltse;s.loh doers or nay i±ltartora with said i :;Bead„poi' line., polemr wiz'ec:and lines of vire shall be oonsttuctcd, operated, ' rla.Lntairie l•and,,.3copt,,in iFe air islon�'.tlia line thereof, an the•:ane ia:�110W-lasted•on said laa�nd,"'.hoiD C64'on the .Southitirie b err•.. s _.w etc,�2;„�i.yiipc�o�:SWi&,]i9..4]:rond Riht of iq�r over end across i3a1 ,ser^.•ilei a:„ 1 �,r.o P - 0e.iT;tlivii.•3s,0apac fac g gt#14, Ltii:s; ee ~-•a and' d is Night. Xpress lS:, rn: ,= t-...:..,..wa:: ��-, upon the a_ g. .cogditioii,that.,;t,ho cantor line::'OP.%..bo5maSri polo line 'boll riot betlooated a greater w. s distances than five tacit trri> tho3.•1laa,oi'tha:'s"Southern•Pacluc•Rairoad Rightofway r ,;and that r oles for .............................................................. .' ices xr.c " i • + n - p„fi , tsuy=rhirls,s1roe }li i• ifgitliipt ho•.ocetod•a, a-greater distance ,,., t?uW elegen.1'_eat;,cfrou'nald�Rallroad Hight:"of'4TeY;:., •r $ . Sn fur'her eoneidaratloayof,rasid4suni-.oP�ylmoney paidi!an,aforesaid, the Grantors hereby r; r grant, bares, ,Is ands'eauee �+,tthto the Co t ”' ,..4,;i., §� r ,,�',�„�s?, ,..,,,ti Y, j�.� mpa�r;y, i a aiiceeasorq•arid1asaSgns; and to its 4,;wr: <aiiij iiiii* o tjnCe z a "ltalAtiem�,loYeeas:itheTri'ght.of�free RCe0Ay';atAa11 times to E"+� ffabgv'e;`deeorkbeddclen''ct and,th�e�Filit to-rpaa eov ileniduacrorS.-a41 Hand t end'frormtsaid `�.y,r�,. !Y -� J Y L 1'. d t ]„ .,F 3• 45'M F ,F�{}=A^ 4 8 Cr r r 't LF.. P 1>iiati'il16la1g oche, for'the ceea a conatruot'-inj .,aevafininL, repoiritu , improving ;enriL.^^ i � Y'- trG..,..:.'W J:r. iFL e.a• •ni..:,.-•.•-- •Ai'I' 1 '-the lam er ieither%ide of a#s'd po1eglino,Ni es and:linesaot'rr es, of _:to sneer t i t`r�os it al3tri {o •des. ti if e t `r �m 1' r r a of-ahl an*I1 a } � t > eh shah he et,iot>yr time :fouridaby: he f'arai,ei{y nasal.-4- tall, under P}ua bi. ;'oondits dz,upon,'3al .plem.jaos,i t+1re . or linea rofs,,iiree or!o4"errriSe•to,.Lapse n se or '� fiendivig0Itift. oma'ori,ait.,thera`o�', �lso;the„ it]tt to insert'�iti poles{,in..irtd=.leeurt• r .alyong tYtiefei4aT ig}itfof aei±•,aa i abovor sper±.riori, �'o dig'thereln;,e to a al. the;Pur- r s{sfaao ns rr egre trod Arai:moo v cs L'm. Y4+ti'R =they said lEb.sL hi , •_{�N qt� naeke.J:l,00§. Dnp ,rorriateand,:jd eilv6AlAiiL'rmana to••attaeh „+ e *Al e;li�rte s xppa's,�!'to.?,tts,aa31 and,ta�7yyZn.1=&)ie same w t e � ._* '15:r ti� +3�sena• a�.r�.s,rr.,.,. Yth S90r1.. FMkaes. , Thomroripar�yg;azees=•no:4 o do sAunneoeecsarlrrigr 0Tto sci ro arty of the �,uGranto •maid.,toI1rsr 1 a13 1u 'f e ttn f ices or=other irilirovenente and to payfor all jt,r,.4 i •d-ar a done;-to erog9,In*nons`truat ei- i �r;-�• r••• r• . tn• Y� L 1rL!`,rs'-aAititainin a re•`ai'rin ,.w litipoleVli�neri�pole i, rens aiid;:?' '� x g• p• g''iiop•owing and operating �y}.„p'r• :ear.:�) a. �. .-.Sr168�oP,`s.�c11:6..f �:•: ,4!"*,4,-. :.Y ter`-•ala Je ••Y":._r'•,. �. .. '��Tk•',1: :,r„ it `0{'`. .,d,.i'r"_Ejitora f�ssOr o't'-e`,'ri to ur,. '-e la ,`iw� r.-Z4 ddb ..•"'z' f:`,` •`.".• .c::•.-i tj,_ ,and.ct11'de':rfd,,v...:tt Gof- way tn, 'x. manner 171•Lc Idiot date-T19-new 'ARTY r' v=:.is ri,s t, Y any by the Pooi`pp'c-n ct,,the ribhts;:isriii P vl tiKifi� entadntopthe'00**4`. •s,.�o`.^rre=ct '['Ll, J V$.R•RA c o UOr+'lutl'ez said rift lair eve. , e!lger!0-0.,;:, t t-8r•and •• 1 tr' r r+, a A ; aur , . L`T 7.4E. tth/i eii i ~ , ar , F ,s is fr:? Y,cy” S i;ivl tAgen itrrto 4 y w, �v, 'a teir� a eo��T,2i}`°G;'Rsiforevor r„� ,' ` ' idea 'e ilii n i l rintu oho i.: a :their Ji rids-and seas, the day, x`45.1£4�+ 'r;•nh':'di ? st'i iF tJ a=lndeiitLre;4i i_tttrounto'e t r oS ta`,= i ,'O • • 2 7' ti+„' Y ren nttO Aiti!ljpli�.°lriie_r, i*i tike - .. z'�.preoon so,r• .,teh• f• l�relteL:Muller ,i l _ tis:# J•:w.i . ugust'.,..i.,v,•. *- 4iteevokr(-"yititiiito r' envy art..3a:*ms s•af- J:t 3 iAir�snt dealer .=.10). 35�u •W H •Ao n idri oaf ^ :r tl w %glktna t ) �J,, ik £s'YIhael"or ,•. 5 '{•r e3l.ins. ( yy.s �, r Anna .I:Cal. ^#a"...tith . i uXC& T"Hilal .,..u_3lor lk o. Fzitly C nH +y• , oU Lty:-O' 1�i1'1 4.,-• S o `o._=}9`%': :,: .�,. adetiyra; Oc npe�„1g10,-hefors_gy a *I Rtttslic ry 4.1!0€?s S,„un+,"ar4 trite,:per b;r,uy',gene;Augi}et;^;PIgl1cr and.Julia;iL 3 er 1ru'ebn nr and nd for said e_,Yf ur,Lonns,i d)na :T rc]:kins:,his w7Pe,• i M:CalkIrl,ar is gmi'1y:7�:C'a l.inu 1'I wife, �r tozme paraonn�,tcnpiteKo`t'r','-e'rthe identle alkanna` n dear'i.bod ir,;an!I.the•a:reouted tho fore- ' 1 soot C deed,,-nd acki_ow_1e„r1ged t,i mat iit iiti fhadv©:•Pouted +ho saw frooiy..•and voluntarily 01 tY_e uuor�F�c-nlda 1upares. racial i o1q,e5aeri • t rr nc r sr n:w+rtaese whea<00? Piave hereunto. io' r ."ham,isrrtflctarial seal the dayand1kate r i last' bc'Vki,eir±tto t , a �'yi`g , u-.I`; ',•-ail .- :-' . ._ .t_,.•+.,��- . .. .. . . t'1.15'G :.RkF„:. ,C+.vi%1 .-.,e•: .,.b:t. .�,�e... .agir,•s••,r"r 3;:.v':::::::. .�, ,-. .... ' t ??iitwrieb,• " , •F QfliNelor., x � � :+ 'r. • Fv trntnri�:Viii;licrElbrwore alit-.., - (21y-�.4' - 45�,t.`r,. ,',rig ':,'•.1' ° ..41,4:: t.•' . i. -/n_....J.�iv^ 47x:Lt:- -++--c 1"+l:l 'T4K�4aYSQ 1Rd i'iY .. .F:-.. Y.�tz.: Y, h 7,i4?,• - 'i.- - :/' , : .:(1% �' c 3 r[a 'gslll,•,1 .t "} 't;F*- *,..n.A :�4�'k ':�sx"i:: nr � 7�h x' t�' t7 .,,,.,-.,„,.,:,41,..-,,,21ti.9.^.Oiesl7y�•i.T.V U 17' y]€8lf 17`L. I',-� x^ar •� r i to .k ~,•'ne. du.v, L [ aLa.Received Sf • Yrr$tiyl`' irk f"ry. ' t On'`thirt,.trh1.4 , ` •. t ? C I▪t .i t,t'cud fei '9etir3tcc ir7l'G' At OA. tate-i pe or ti ':Carps;I th,lph 11,14leri?i*0'(r'laJ3poraana l,, 1 'oiin- v�. to bo,wlw'±i ei}t:fe I?i1nnoniii.re r S-4 fr1•``a•r`?' T �' CY • .4 e .- 1 ''j�, ioi-loc1 oa'pr” he,'}tiid cXo uod thefr n- Yre�f`anri6iitatrt.° „ o p thii daoe,tin/344M ird p of:lin i 8 21.1i3 �1r1.(] ,,tpr hvg_xl?� „-..., 4.4,1 0 444- 'z ?4+.;z'e',41 � +,�, „>lf..-0<: ,t;�,3 e?.,, ...p - r1�f k LV 1J ..cr.:.Wr:.r.;Y U... r..e,__._..t.,lsr,,•. i, au.x,..:f,,,:.n*..'?%.4,,..,,,45,:14.r. . ...-. , ,:4. An'px k,��•��,L{*` T..., 2i Exhibit B, 2 of 34 ±°,' e4 In Witnoan•iWirrooi' T havu hereunto sat ty Lcud diet !Notarial :iotathe day and date loot " ' above written: w•a•nreckon ; Justice of the Pence - • . , Commi.ncion Expired'Jon 13.th 1971. Decoct-leeaa3a. ;,t "iR • f'. F +`. night•of•WP"y•Deed. - • 128923, J.S.Nagladry et al. ) .. -_ to. . ) filer.for record Nov 29 191n at 1 o'clock B.11. ',II' Tri-state Railway 8: Power Co.) !;.;T.t,ee County Clerk, Per J.A.Pnuntain Deputy• till( THIS,XN!l? tTi1RS, Made thia 18th Play of October: 1910, by and bet*ieen J.n.IQa*1a dr+ t L n C, f Stella.E.Matilerlry, his wife;.8:11.aockerline and•Mary H�.Coekerli,se,,hi.n,:�rrife, •of Lane::Covn+.y, t �: State .of,Oregon-.hereinafter called the Grantors, parties of the first•part, and•Tri-state 1 Railway.& Power.Company, en•Oregon Corporation having its principal office et Portland, Oregon, =E, hereinafter called the Company, party of the second part: = iI WITUES.SETEi: 11ttii That,;t!so Grantors, for and in consideration of the Sura of Two ihsndred Dollars 0200) t ' 'i low-f l-monel':of the United Stated, to them in hand paid by the Companyy,•.-tile 'receipt *hereof 1 ✓ is hereby,:,,heitiowledged,.do by these presents grant, bargain_, sell, convey..and•donfirm unto t i' the Cortpanyugid;;Lu,,its succe•seors and assigns.forever, a right of nay for un:electric..pole i. < ,.�' • line.for_the'caryi rng•of-wires and the transmission.of electric onor r,=with:•the''bight..to erect' 4 a poles.a',d to•stretch 1.4;.0 3-and lines of wire Vbetween poles, with:neee'ssary,mindrproper app= ;t r it linnce., to p talni;such-polo:lines•and.poles in, over and across;the follosiing--described•land x, situated;i iiipthe`county of Lane:and•State of Oregon, toatit: About:One hundred-:acres in.or J .�l'r r near the-fi !thirest:•corner_of,Donation Land Claim of Abram Landes and.Wife,tio.95,,in .. r'i :sections''15i andg2G..of Township 17 South, Range 3 West•of Willamette•Mieridian, the•legal.; `t+ A title to'•ivlii,54.-na r stends in the:name of .T S•Lta;ladry but.upon which'th:e ,scid:Edi Coe&si•Y1re•, "r{;ft -, holds:a contract':oP:,purchase thereof; and it is apocificMi agreed and th speed•is marl l;upon'. .•:14;`.;•.(1 .jr" b the a'presnl i'o iilition�:that;the ,:enter line of the main pole.lino•shall not he located':at a ' =-'`4•'�1` granter..distaiii!e than•four feet from the line of the'Southern Pacific railroad'right,g;f: 4fq way.s 1 p' uF ;a,, .tniEh��'.;,».»:,stir,on,,. -:.ane lace in the distance of crossing this lend•shali.•rhere be]fpeate ':°.atiy�.y ij poles oxoeer'�itiL thet„d].rltanee;,and in this c ase the poletis not to-bo located et a greater'% t'k diatarice'thf.n%nine feel from(said right of way. No other-guy lines•then.that above•mentioned•- AO are to be:locetel on..said premises. Said�;pole lir►e,;polen, i,ires and lines of mires shall be constructed, operated,.gain; 34:t`( tainedan!L ke t,.mn-ore air. aloe theline•thereof, as the srma•is.noa •flneated•ant'said land, ? .".�rr being alo'ttig tne•'13ite•of said railrond right of my. T!% t is. Fn•,further••conslderation of-said sun of money paid:as'a'"orosaid, the C-antbrs hereby y�s={''.if grant,:lFrgtiin, sell and convey unto the Compare*,_its successors•and'�•lesigns;.-_and,t•o.,its .•:r1 and their..;oLfioer.-s, agents and e o vee•s, the right.t of-free'recess a atl t+ "' (Ta r fit ; .3�aes tc tstiil Eters4. a?W G and all.rar'ta'•of-said pole line, poles,-rriroe.a'-iI2 nes,,of 'Ares on,theehoge •deacrtbdd,.. ,x:'..t' lande:.and',tho,;•right to Paan over rind acrose.e4i4 land to and.fron said pole line and poi coat n 7�# kZ ` for the,spurpate•.af;r_onatrctctin ,.examining,re airing, T: S P improving;seri ririW+nirito theneamezf {°r and said alien,.._still clines=to fr)ires• also the•right to c?err the •last'.on eitmer sideto hsaidtpal igtii lino, wirns_•,end tines-of 'tires, of any and all trees, alive or oear3r•prhic?i she.11jbe;•Rt•;R?7yk ;•7.:-e:.ltill, time•Pouridrbj: the,lLCempart.,liable to,-fall,, trsder any condi*ion, upon said ppole:•line,•wises,;or:; ri 11ne4-1_ct c1•res ox;.,o.thai fist, tit -injure...Or a'vir_nger the same•or eny•thereo.f, also. the...r yhl•,1•;:ii ii,5 ' insert.;QtT�spalyea. i%yaeid=lwnri;olong..the said right of :lay,. as at,nve sFi'ecifiPdy-tad1��,;Cherainatir? �)I to ehanL,o thee-surface-as.may,he required and t•o use all.propor, appropriate and convenient sr 7� means Ito•Mttych'*he rani* polo 13ne,:-Poles to.:t!ie rsoil and•to'iain,ain;;the saws thereon. ...A1•51.` '1'hs`c ompar.j aT"er_3 riot,to do a',,, unneceeaazy dama3o to said property of the.Grantor, "� and:to.'rella3lr,ail td'areige done to fences or Other improvamente arc .to�pay for al_ls%dsmrge:.done::-- a to crepe'ttu aonotruoti=•nH'F,•,,;•rusintainin,, repairing, improving and operating Haiti pale•line,:. 4 %;i poles,;'wiier,0,tntj..1.iae'a of..ripe, •. 's. , . - • :T#r.t4E,, tores;r6stsrvo thaVright te•:use the land along the said right of way-„in,•any: t±1 L'ilj man414 ner-,whiah;doen notcin'terfere:,in any ,way with the full arc? porrnet user.•andi-enjoytpent by +� %•••� '�-� xr..ry r. th•e' Coiipa y4aof 'ho rij tn%and',•privilegne herethy granted to the conte .. •,s• +ii! TTO".#�JL crit/tin T') H01-Al t'u,'said Pit llt•toftrway', easement, rights end privileges unto the -, 4 iOomm yrtnrcossos tidaaiain►a?forver. � : °si + fXnawitfbegiwhereo°•tyle?i(rr,4pitbra have'hereunto net their` hands end seals.the .day.,.year 6',1; ,F): agnHd db.Eokfiiiii i.ii-this inderttnrewritten. • 1, ,Lti tek-fE�?•a semi the presence of J.S.,;.�^lriri. . .I '`y lei•r' •41.1E^ sae m r - ; _ Stella E.}iagladr+ ••• r `:s ;4•r.' nee,,' , dU eMary Ouckerlihe in the presence of 5:H.('ac?cet.lire .,4v...,. t i.4:11,0s..:•74,;(11.(31 r' i Fv.I tie 431`.'.04',`.q--': . Nary 9.CockerUm p:=. •. �')':) r c. '',l' )4t;] M00606-T001- , t,tloF}al '�!k • iryyt ,T.-$ J :? i:t o„.a lin o i ,, • 4""a: .est.: • .;:` ,t L{ a0 a::t�_of Lane - t.2-kr;� tis=.. . t, rip ttii;e ;tsorti d #,s a ob 9Y r a o w- rr- ts_ `��; / ': a:. et. l h .ay,,;(ip o bet,..•-i b',••the_or Tie a t1 tg?'Y Ptttil 1(5111, 'e*o s s ^,3r e ,}�-:mss �"'' 7�::. ountvvcwh!i :�ta.�tee, nefiaarinl3y a :-eeF M.docicorlins,ardb:.htaryvif:•Cuc;terli.pe,1u'ba dean I-3, `itarime -'•':. ; 's11tne of rhp�.`gr tor9,�anti knoaiedRodl-to•Imotlthat•thev,hrdde-ani tnh1 the iia e'f- ii,,'1n dVVoir ▪yr` m a untarll, for,,-thorueea and•�oiir eses-=thorain`e reined, '' +;..;.1'_;;gr s �' '`�� ;f�: ' of r �e ss "hoxuo S. - .. A �. te:•�:,r,.. r fs� i*1:'G"•t + Y I�buvo $ecatirco»Herz-"� <hond-`,:iiiid Notarial aatiirt}�e='� a iB , i ';wrFA*te},t ! N'i i'•�t` `.:+e:. •t•'4€'P',r',V.,1:.0 ,. .r�1. ,�^t. q g ?`'J tiQt4 � 1,h.'•• �~ •.r. -%-t• ... • • AvN..81:e91er• r„>,t,,r q'r. n :*•,,,�-..c:e.ay kii Lv {Zino • iita'C0 of= . F: o;e „ `•••u.,. :.'-•.. ,. • •Re:ilius 1s+•Flt tis -p'n 'e t ' .z a e�Oreille i mtnt__. 0fi:Itnrie4453::; : ' i;i• 5 %.4.p;,* y . ,;,{n .z , ':? eY *i'1 `r •� i'tt�',' �ip '3:5'r..f:�:.f,1"... .. =' ptO.tl.�+��;e - t'��'".,�w.r.•c,y,,�, ,G.� - n y ;1�3't�,v.a�,� ,,�'i.,u� ,�;�1:f=. 4.,:' ';f^'«,',� 'Or5�thio, the kltll-da ofd Noeember lnla�TTr i'ore�r al•No�ri , Puhli'or ii{sand ` R y�F-rz ,� .y.l, J Y¢ f'k•e.'i . L � �6i f r� � �• s".t. ,41 a •1 -i� r„�`,��{,a•ia it 'f•�L -- V. "c"y'Y+ S”{,-- s1 ! Sit;,••<';- •Y,,.t:'+-Kt —ci 'E' d yFa F 1'Iit ,..„ �..y1 w.sl .T��s A�„_ -�l,ra:.� .....r,.�Y.] +,C..� J ...fC �,p�, ',.{' T1"�n• - n, .ui �r'il 1� �^_t �� `f6 1�f[� .t 5� die.:.� ��-��rat a�., i�..�Gl�i•s.• .{viz:. =lei �.:•s'� fe,:..:tLd• k .�. ��7 �1. . �' 4 ri?•f+ - 4.T�1:vt1:.�f+�+Z�:T.' 1 ". � 1t?-0 <Cq is i:y_feCa•— f•:'yi.1n1•yl •t :{'ib.: „4:: a- zY,�\::: �:r.��; 5•� iExhi TB2y4.0324t.l._� { . . :s • • • to - 99061898 EASEMENT AGREEMENT %x. • t, h1 cutt.,idcration of the purchase and sale of adjacent property described in Exhibit "A",Erven A,Schnetzky,as a Trustee of the Erven A,Seltnetzky 1991 Trust dated September 25, 1991,uttd restated December 3, 1998(Grantor),conveys to Heidemarie Smith, tier •r,"' heirs,successors,and assigns(Grantee),a perpetual nomexclusive easement,upon tileons terms and conditions described below,to use a strip of land in Lane County,Oregon described as I•ollows; �` J • • Beginning at a point on the south line of County Road No. 90, which point is 171 feet North 89 degrees 55' West ea ,~ d point marked by an iron pipe which is 16.8 feet South 26 mapo 55'East from the northwest corner of the William Stevens Donation LandtCl m No,46,Township 17 Sont 57.34 chains uth, 3 i. P2 West of the Willamette Meridian and running thence North 89 degrees 55'West 4 feet;thence South 26 degrees 38'East •;.degrees 1. '•`ti i Z 306,7 feet; thence North 89 degrees 55' West 5.4 feet; thence South 26 degrees 38' East 20.0 feet;thence South 89 =t---0 r v degrees 55'East 21.4 feet;thence North 26 degrees 38'West 326.7 feet;and thence North 89 degrees 55'West 12 feet •� s. �? to the point of beginning, in Lane County,Oregon, ``� W w^ R'ee p b ofhe Grantor is the record owner of the real estate described above and has the unrestricted right to grant the easement upon the terms and a conditions that follows: '•; • c4 z o 0• Grantee shall have the right of ingress and egress over the described strip of land for access to Grantee's adjoining (.a V is currently designated as Tax Lot 17 03 15 40 01800,and which is currently using a street address of 287 Deadma d Ferny Road. .l This easement shalt be perpetual,non-exclusive,and appurtenant to the Grantee's adjacent property adjoining immediately to the w• west of'this easement strip. A description of the property to which this easement is appurtenant Is attached hereto as Exhibit A . ,,. e 2. Grantee's right of ingress and egress shall include such reasonable access as is necessary to the use,enjoyment,and operation of t Ifi . Y,. such houses or structures as exist or may be constructed upon Grantee's adjacent property described in Exhibit"A". This easement is granted for driveway use only. Unless Grantor should grant a future conveyance for additional rights,this easement shall not be construed for utility or any other use or for the benefit of any other property. , ' • 3. Except as to the rights herein granted,the Grantor shall retain full use and control of the described strip of land, Grantor reserves µ` the right to grant rights for such use to third parties in the Grantor's sole discretion. 4. The Grantee agrees to indemnify and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of i. • 4f Grantee's use of the easement strip. i ' 5. This easement is grunted subject to all prior easements or encumbrances of record, :'1 6. Grantee acknowledges that Grantor's use of the easement is infrequent. Grantor undertakes no responsibility to maintain or develop �'1 the roadway,surface, or drainage of the described easement strip. IN\VITNESS WHEREOF, the parties have caused this instrument to be executed as evidenced by their signatures below. "i GRANTOR: GRA TEE: Erver A. Schnetzky,as a Trustee of the� t. /1 Schnetzky 1991 / ' �' / h`• •'•'' Trust dated September 25, 1991,and restated December 3, 1998 , drmarie Smith State of Oregon;ss.;County of Lane 2331JUL"15'991406REC 10.30 Personallyappeareda311JUL.15'991#06PFUND 10.30 the above-named Erven A.Schnetzky,as a Trustee of the Erven A.Schn tT 1;Ib5St9/2#0&tAtTnifIJNi�''20.00 "• 1991,and restated December 3, 1998,and acknowledged the foregoing instrument to be his voluntary act and deed. t.Y SUBSCRIBED AND SWORN TO before me this IJ ���day of Ji nr, 1999 4• MIC: SEAL 1 , • �: �r ,�, iSd = ftEARiFLJOHH50,y State of Oregon;ss.;County of Lane Not Puhli for• " r : t , ®.,,t/ COMMON NO.A0552 ".,.. IdYCOMISSIONUPI RfgJAE 2000 :; Personally appeared the above-named Heidemarie Smith and acknowledged the foregoing instrument to be her voluntary act and � $UBSCR1SEO AND SWORN 70 before me this d, of J k )999 • After Recording Return to: Notary Public for Oregon =--�- t: • Joel S.DeVutr,Attorney al Law p r °t, O tfLuf,"':L 777 High St.,Suite 300 `.."4,41.:t ' � '`eCeiV d Eugene,OR 97401 (( Cr , >..�s:! .: % l .. 1 ii ,-77,..7....:.v :f3': , pti' OngniPIM 64 P. _ r. ,•w•,•r.,a: -r 'rsrt::'t.r' ",7.. ,.•r. sP.a. - :ii .r.. �'!•, =;t?'J. ..,,'•s.�+ >»,7t�� ::•r�Jt' �•Sa .c. r' ',.'{• +' i.Jy�e7..w.•i. ;..�.r'/V1••.; :G •S 7,V1•l:n:,.1�. - •[; .... .:w:,,s'� 7n'::�J;��r`i�•�C,i'.>:; .h••ids. :i'•9.,.•'e fC;h •'i"„Cr., ' .<ys,s,:£:5f-:'� 4 r.J.y,�;�,�),•.. •7r':k1•<� l,r .•71^;..Gl j,`y i• s f• vy'?T:= 1. sil�. ,� t ,:•.,x ,,. .r: 1.4,:,.-0.•. ,..rfr•y N ^:�„i,,.:� .ct',.�•-�:rr•, �r r� r k.. ,�7r, r ,'< <J� Iy G.; r r� r• „ r.,'",.;3:.. .�i.'kx:-... ",'��.f.FlciVi!�ix.4A:••: .?4, .KG;�3:.•:v` r �r.:,� > e> -•1$; .7 . . la�! _ .•?dN t,?�l�•%r:1%i,.. •it.cl,°Xi7 3t�'' -'4'•..!^ f �'c:i:+'t'If�,s ,! - r S;i..., •!.- t°.�:si? ., • 4.! 25 .170 :7- 15 99 - Escrow No. 01.503297-KJ-46j hue Or.dor No, 00503297 99061898 • if+ EXHIBIT "A" s.\' Beginning at the Northeast corner of the William Stevens Donation Land Claim No, 46, in Township 17 South, Range 3 West of the Willamette Meridian;thence North 89° 55'West 737,88 feet along the North line of said Claim No, 46; thence South 15.0 feet to a point on the South line of County Road No. 90 (Deadmond'Ferry Road) said point being the True Point of Beginning; running thence South 89° 55' East 62,60 feet along the South line of said road; thence 4 leaving said South line, South 26° 38' East 306,75 feet;thence North 89° 55' West 200,10 feet;thence North 274,2' , feet to the True Point of Beginning, in Lane County, Oregon, • • • • 1 y^ y.• . :i3 • • • • �7 .r•r s::. u• • . f'< State of Oregon County of lane--ss, 1,the County Clerk,to and for the said • County,do hereby certify that the within z Instrument was received for record at .:f" 'SS JUL 15 Atli 0:51 • Reel 2570R • Lane County OFFICIAL Records Lane County Clerk Date Received By: • (' 1 rk County Clerk OCT 1 8 71 .7 Original Submittal c ORDINANCE NO. 6411 Exhibit B, 26 of 34 - Lane County Clerk 2019-018429 Lane County Deeds & Records T 05/14/2019 03:01:36 PM CASCADE TITLE RPR-DEED Cnt=1 Stn=9 CASHIER 06 2pages Q92 QO CO. $10.00$11.00$10.00 561.00 `I' TITLE NO. 0312540 • ESCROW NO. EU 19-0770 MB TAX ACCT.NO. 0150555 MAP/TAX LOT NO. 17 03 l54091800 GRANTOR LELAND H.SMITH and HEIDEMARIE SMITH GRANTEE MOVING FORWARD,LLC e0345I LQAZL4 E WW1 C1eSwe11,fie 47424o Until a change is requested After recording return to: all tax statements shall be CASCADE TITLE CO. sent to the following address: 811 WILLAMETTE ***SAME AS GRANTEE*** EUGENE,OR 97401 WARRANTY DEED -- STATUTORY FORM LELAND H.SMITH and HEIDEMARIE SMITH,as tenants by the entirety,Grantor, conveys and warrants to MOVING FORWARD,LLC,an Oregon Limited Liability Company,Grantee, the following described real property free of encumbrances except as specifically set forth herein; Beginning at the Northeast corner of the William Stevens Donation Land Claim No.46,in Township 17 South, Range 3 West of the Willamette Meridian;thence North 89° 55'West 737.88 feet along the North line of said Claim No.46;thence South 15.0 feet to a point on the South line of County Road No.90(Deadmond Ferry Road),said point being the true point of beginning;running thence South 89°55'East 62.60 feet along the South • line of said road;thence leaving said South line, South 26°38'East 306.75 feet;thence North 89°55'West 200.10 feet;thence North 274.2 feet to the true point of beginning, in Lane County,Oregon. The true consideration for this conveyance is$295,000.00 AS PAID BY/TO AN ACCOMMODATOR PURSUANT TO IRC 1031. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legislative findings)AND 195.305(Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010(Definitions for ORS 92.010 to 92.192)OR 215.010(Definitions),TO VERIFY THE APPROVED USES OF THE LOWR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS $ 30.930(Definitions for ORS 30.930 to 30.947),AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PRO tEi yed OWNERS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Con4,(nTatjo8 wig WRD-EX LTR C[UU 900 kObttnitiaP4IVAr • Exhibit B, 27 of 34 Conservation Fund) AND SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. Except the following encumbrances: Covenants,Conditions, Restrictions,Easements and Rights of Way of record,if any. Dated this /044 day of /"/(� , O�f 9 . C� I LELAND H.SMITH IDEMARIE SMITH State of Oregon County of Lane This instrument was acknowledged before me on /07/4" ,2019 by LELAND H. SMITH and HEIDEMARIE SMITH. 14, OFFICIAL STAMP (Notary Public fo Oregon) NADJA ROSE REYNOLDS M commission expiresires ( &' *::.)-6.P.,,,3- 1k1.140, NOTARY PUEUC-OREGON COMMISSION NO.977705 MY COMMISSION EXPIRES AUGUST 06,2022 Date Received OCT 18 2 '`l WRD EX LTR • OrigiNal lttat Exhibit B, 28 of 34 TAX ACCT.NO. 0150555 MAP/TAX LOT NO. 17 03 15 4 0#1800 TRUST DEED THIS TRUST DEED,made on day 07 of May,2019,between MOVING FORWARD,LLC,an Oregon Limited Liability Company, as Grantor, CASCADE TITLE COMPANY, as Trustee, and WEST FIRST, LLC, an Oregon Limited Liability Company,as Beneficiary, WITNESSETH: Grantor irrevocably grants,bargains,sells and conveys to trustee in trust,with power of sale,the property in Lane County,Oregon,described as: Beginning at the Northeast corner of the William Stevens Donation Land Claim No.46,in Township 17 South, Range 3 West of the Willamette Meridian;thence North 89°55'West 737.88 feet along the North line of said Claim No.46;thence South 15.0 feet to a point on the South line of County Road No.90(Deadmond Ferry Road),said point being the true point of beginning;running thence South 89°55'East 62.60 feet along the South line of said road;thence leaving said South line,South 26°38'East 306.75 feet;thence North 89°55'West 200.10 feet;thence North 274.2 feet to the true point of beginning,in Lane County,Oregon. together with all and singular the tenements,hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining,and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of **THREE HUNDRED TWENTY-FIVE THOUSAND AND NO/100ths** Dollars,with interest thereon,according to the terms of a promissory note of even date herewith,payable to beneficiary or order and made payable by grantor,the final payment of principal and interest hereof,if not sooner paid,to be due and payable June 01,2022. The date of maturity of the debt secured by this instrument is the date,stated above,on which the final installment of said note becomes due and payable. In the event the within described property, or any part thereof,or any interest therein is sold, agreed to be sold,conveyed, assigned, or alienated by the grantor without first having obtained the written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this instrument,irrespective of the maturity dates expressed therein or herein,shall become immediately due and payable. Said consent shall not be unreasonably withheld. To protect the security or this trust deed,grantor agrees: 1. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any building or improvement thereon;not to commit or permit any waste of said property. 2.To complete or restore promptly and in good workmanlike manner any building or improvement which may be constructed,damaged or destroyed thereon,and pay when due all costs incurred therefor. 3.To comply with all laws,ordinances,regulations, covenants,conditions and restrictions affecting the property; if the beneficiary so requests,to join in executing such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require and to pay for filing same in the proper public office or offices,as well as the cost of all lien searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary. 4.To provide and continuously maintain insurance on the buildings now or hereafter erected on said premises against loss or damage by fire and such other hazards as the beneficiary may from time to time require,in an amount not less than the full insurable value, written in companies acceptable to the beneficiary, with loss payable to the latter; all policies of insurance shall be delivered to the beneficiary as soon as insured; if grantor shall fail for any reason to procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on said buildings, the beneficiary may procure same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected,or any part thereof,may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act dune pursuant to such notice. 5.To keep said premises free from construction liens and to pay all taxes,assessments and other charges that may be levied or assessed upon or against said property before any part of such taxes,assessments and other charges become past due or delinquent and promptly deliver receipts therefor to beneficiary;should the grantor fail to make payment of any taxes,assessments,insurance premiums,liens or other charges payable by grantor,either by direct payment or by providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment NOTE: The Trust Deed Act provides that the Trustee hereunder must be either an attorney,who is an active member of the Oregon State Bar,a bank,trust company,or savings and loan association authorized to do business under the laws of Oregon or the United States,a title insurance company authorized to insure title to real property of this state,its subsidiaries,affiliates,agents or branches,the United States or any agency thereof;or an escrow agent licensed under ORS 696.505 to 696.585. TRUST DEED MOVING FORWARD,LLC Lane County Clerk 2019-018430 $3y51 L-Zcj E WO.e. Lane County Deeds 8 Records CreSwel.l,tf, '1'7'{2.4 05/14/2019 03:01:36 PM Grantor RPR-DTR Cnt=1 Stn-9 CASHIER 06 3pages WEST FIRST,LLC,an Oregon 515.00 511.00 510,00 561.00 $97.00 Limited Liability Company Date Received 811x34(ctrl Vclltyy La ne, AkAter,dot 97ift Beneficiary OCT 18 AFTER RECORDIKRETtJi (Rt CASCADE ITU COMM 8.11mu.nrarreat. .OR 97401 Original Submitta� 03(2 o atcq.0110 �� ORDINANCE NO. Exhibit B, 29 of 34 thereof,and the amount so paid,with interest at the rate set forth in the note secured hereby,together with obligations described in paragraphs 6 and 7 of this trust deed,shall be added to and become a part of the debt secured by this trust deed,without waiver of any rights arising from breach of any of the covenants hereof and for such payments, with interest as aforesaid,the property hereinbefore described,as well as the grantor,shall be bound to the same extent that they are bound for the payment of the obligation herein described,and all such payments shall be immediately due and payable without notice,and the nonpayment thereof shall,at the option of the beneficiary,render all sums secured by this trust deed immediately due and payable and constitute a breach of this trust deed. 6.To pay all costs,fees and expenses of this trust deed including the cost of title search as well as the other costs and expenses of the trustee incurred in connection with or in enforcing this obligation and trustee's and attorney's fees actually incurred. 7.To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or trustee;and in any suit,action or proceeding in which the beneficiary or trustee may appear,including any suit for the foreclosure of this deed,to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's attorney's fees;the amount of attorney's fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court and in the event of an appeal from any judgment or decrees of the trial court,grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney's fees on such appeal. It is mutually agreed that: 8. In the event that'any portion or all of said property shall be taken under the right of eminent domain or condemnation,beneficiary shall have the right,if it so elects,to require that all or any portion of the monies payable as compensation for such taking,which are in excess of the amount required to pay all reasonable costs, expenses and attorney's fees necessarily paid or incurred by grantor in such proceedings,shall be paid to beneficiary and applied by it first upon any such'reasonable costs and expenses and attorney's fees,both in the trial and appellate courts,necessarily paid or incurred by beneficiary in such proceedings,and the balance applied upon the indebtedness secured hereby; and grantor agrees,at its own expense,to take such actions and execute such instruments as shall be necessary in obtaining such compensation,promptly upon beneficiary's request. 9. At any time and from time to time upon written request of beneficiary,payment of its fees and presentation of this deed and the note.for endorsement(in case of full reconveyances,for cancellation),without affecting the liability of any person.for the payment of the indebtedness,trustee may(a)consent to the making of any map or plat of said property; (b)join in granting any easement or creating any restriction thereon;(c)join in any subordination or other agreement affecting this deed or the lien or charge thereof;(d)reconvey,without warranty,all or any part of the property, The • grantee in any reconveyance may be described as the"person or persons legally entitled thereto,"and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees for any of the services mentioned in this paragraph shall be not less than S5. 10. Upon any default by grantor hereunder,beneficiary may at any time without notice,either in person,by agent or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured,enter upon-and take possession of said property or any part thereof,in its own name sue or otherwise collect the rents,issues and profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection, including reasonable attorney's fees upon any indebtedness secured hereby, and in such order as beneficiary may determine. 11. The entering upon and taking possession of said property,the collection of such rents,issues and profits,or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the property,and the application or release thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 12. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreement hereunder,time being of the essence with respect to such payment and/or performance,the beneficiary may declare all sums secured hereby immediately due and payable. In such an event the beneficiary at his election may proceed to foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and sale,or may direct the trustee to pursue any other right or remedy,either at law or in equity,which the beneficiary may have. In the event'the beneficiary elects to foreclose by advertisement and sale,the beneficiary or the trustee shall execute and cause to be recorded his written notice of default and his election to sell the said described real property to satisfy the obligation secured hereby whereupon the trustee shall fix the time and place of sale,give notice thereof as then required by law and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795. 13. After the trustee has commenced foreclosure by advertisement and sale,and at any time prior to 5 days before the date the trustee conducts the sale,the grantor or any other person so privileged by ORS 86.753,may cure the default or defaults. If the default consists of a failure to pay,when due,sums secured by the trust deed,the default may be cured by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default occurred. Any other default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case,in addition to curing the default or defaults,the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed together with trustee's and attorney's fees not exceeding the amounts provided by law. 14. Otherwise,the sale shall be held on the date and at the time and place designated in the notice of sale or the time to which said sale may be postponed as provided by law. l'he trustee may sell said property either in one parcel or in separate parcels and shall sell the parcel or parcels at auction to the highest bidder for cash,payable at the time of sale. Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold,but without any covenant or warranty,express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person,excluding the trustee,but including the grantor and beneficiary,may purchase at the sale. 15. When trustee sells pursuant to the powers provided herein,trustee shall apply the proceeds of sale to payment of (1) the expenses of sale,including the compensation of the trustee and a reasonable charge by trustee's attorney, (2)to the obligation secured by the trust deed, (3) to all persons having recorded liens subsequent to the interest of the trustee in the trust deed as their interests may appear in the order of their priority and (4) the surplus,if any,to the grantor or to his successor in interest entitled to such surplus. �7 16. Beneficiary may from time to time appoint a successor or successors to any trustee named herein or to any Date Received successor trustee appointed hereunder. Upon such appointment,and without conveyance to the successor trustee,the latter shall be vested with all title,powers and duties conferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when OCT 18 2019 recorded in the mortgage records of the county or counties in which the property is situated,shall be conclusive proof of proper appointment of the successor trustee. 17. Trustee accepts this trust when this deed,duly executed and acknowledged is made a public record as provided by law. Trustee is not Obligated to notify any party hereto of pending sale under any other deed of trust or of any action or Original Submittal_ proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by ORDINANCE NO. 6411 4 Exhibit B, 30 of 34 trustee. The grantor covenants and agrees to and with the beneficiary and the beneficiary's successor in interest that the grantor is lawfully seized in fee simple of the real property and has a valid,unencumbered title thereto and that the grantor will warrant and forever defend the same against all persons whomsoever. WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agreement between them,beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary,which cost may be added to grantor's contract or loan balance. If it is so added,the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law, The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are: (a)primarilyl annly, [NOTICE:Line out the warranty that does not apply] (b)for an organization,or(even if grantor is a natural person)arc for business or commercial purposes. This deed applies to,inures to the benefit of and binds all parties hereto,their heirs,legatees,devisees,administrators, executors,personal,representatives,successors, and assigns. 'fhe term beneficiary shall mean the holder and owner, including pledgee,of the contract secured hereby,whether or not named as a beneficiary herein. In construing this trust deed,it is understood that the Grantor or Beneficiary may be more than one person;that if the context so requires, the singular shall be taken to mean and include the plural and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF,said grantor has hereunto set his hand the day and year first above written. ••Vt, W•_:.I LLC BY: ��� LUCAS A.H ':rte.SO : BER State of Oregon County of Lane This instrument was acknowledged before me on Is ` ,u k3 ,2019 by LUCAS A.HARDY,SOLE MEMBER OF MOVING FORWARD,LLC. � A9 9 (Notary Publig foriOregon) 04' OFRCrAL STAMP My commission expires `X11 21 MELISSA MITCHELL NOTARY PUSt1C•OREGON COMMISSION NO.965618 MYCOMMISSIOU EXPIRES AUGUST t7,2021 • Date Received OCT 18 2 2 Origins pit 1 1 Exhibit B, 31 of 34 IIranch E-NGINEERING.G Since 1977 July 24, 2019 civil • transportation structural • geotechnical SURVEYING LEGAL DESCRIPTION ANNEXATION FOR LUCAS HARDY, MOVING FORWARD LLC Branch Engineering Inc. Project No. 19-325 Situated in the Southeast '/ of Section 15, Township 17 South, Range 3 West of the Willamette Meridian and described as follows: Being all those lands conveyed to Leland H. Smith and Heidemarie Smith in that Warranty Deed recorded July 15, 1999 as Reception Number 1999-61899 in the Lane County Oregon Official Records, said lands being more particularly described as follows: BEGINNING at the Northeast corner of the William Stevens Donation Land Claim No. 46, in Township 17 South, Range 3 West of the Willamette Meridian; THENCE North 89°55' West 737.88 feet along the North line of said Claim No. 46; THENCE South 15.0 feet to a point on the South line of County Road No. 90(Deadmond Ferry Road), said point being the TRUE POINT OF BEGINNING; THENCE along the following numbered courses: 1. North 89°56'00" East, 62.60 feet; 2. South 26°38' East, 306.75 feet; • 3. North 89'55' West, 200.10 feet; 4. North 274.2', returning to the POINT OF BEGINNING. / REGISTERED PROFESSIONAL LAND SURVEYOR Digitally signed by anieloAL lesson MAY 12, 2011 DANIEL ADAM NELSON 84832LS RENEWAL DATE; 12/31/20 Date Received EUGENE-SPRINGFIELD SALEM-KEIZER OCT 18 2019 310 5th Street,Springfield,OR 97477 I p: 541.746.0637 I f: 541.746.0389 I www.branchengineering.com Original Submittal gift./•-- ORDINANCE NO. 6411 Exhibit B, 32 of 34 September 25,2019 MOVING FORWARD, LLC 287 DEADMOND FERRY ROAD Annexation Map 17-03-15-40, Lot 1800 Public / Private Utility Plan FSDC 5.7-125(B)(1211 SDC 5.7-125(B)(12)calls for: A public/private utility plan describing how the proposed affected territory can be served by a full/minimum level of key urban facilities and services. The Annexation Application calls for: A plan describing how the proposed annexation area can be served by key facilities and services must be provided with the Annexation Agreement. Planning and Public Works staff will work with the applicant to complete the Annexation Agreement. In response, the Moving Forward, LLC Annexation Application includes the following Public/Private Utility Plan. This Public/Private Utility Plan describes what is known regarding facility providers, existing facilities and anticipated service extension. Existing Facilities, Providers and Service Extension Key facilities and services as defined by the Metro Plan and how they will be met are as follows: Stormwater Provider: Current: None. Future: City of Springfield. __ - Existing Facilities: No public stormwater system o owdnronaiary „¶ }4` exists on the subject property. `'+ There is, however, existing public stormwater infrastructure in Deadmond Ferry Road. ltrWr ., r rr,ri n ft Service Extension: Should stormwater infrastructure be needed in the future, service can be extended from Deadmond Ferry Road and through onsite stormwater detention. 287 Deadmond Ferry Road Site Existing Storm and Sanitary Infrastructure City of Springfield May 2009 Wastewater Provider: Current: On-Site: Private. Off-Site: Public-City of Springfield. Future: On-Site: Private. Off-Site: Public- City of Springfield. Existing Facilities: Private: The site is currently served with on-site wastewater service by way of a private 10" line running through intervening property from the site to the publiX%vilteceived Deadmond Ferry Road. • _ OCT 18 2 Schirmer Satre Group•375 West 4'Avenue,Suite 201,Eugene,OR 97401 •(541)686-4540 Or final Submittal ___ RDINANCE NO. 6411 Exhibit B, 33 of 34 Moving Forward, LLC-287 Deadmond Ferry Road Page 2 of 3 Annexation-Public/Private Utility Plan September 25,2019 Public: Existing public system in Deadmond Ferry Road. Service Extension: Private: Public: Existing public system in Deadmond Ferry Road. Transportation Provider: Streets: City of Springfield. Transit: Lane Transit District(LTD). Existing Facilities: Streets: The existing street nearest the subject property, and available for access, is Deadmond Ferry Road, a City of Springfield collector street. Transit: LTD provides service currently. Service Extension: Streets: There is no need to extend public street service. Transit: Post annexation, LTD will continue to be the transit service provider. Solid Waste Management Solid waste service for un-annexed property is the responsibility of the property owner. Upon annexation, service will be provided by a private service provider under contract with the City of Springfield. The current service provider, under franchise agreement with the City of Springfield, is Sanipac. Water Service Provider: Springfield Utility Board (SUB). #1 �/► , 4 K J nt Existing Facilities: The existing use of the subject property is a --- :.c • single-family house. 'may'' z Service is on and li adjacent to the subject property, currently running northward and I 0 connecting to existing public system in Deadmond Ferry Road. Service Extension: The existing water 287 Deadmond Ferry Road Site Existing Water Infrastructure connection will remain. Springfield Utility Board Electric Service Provider: Springfield Utility Board toM, NOM ox,MKINti rtrr (SUB). u N 3 Existing Facilities: Existing electric 141{ • infrastructure is on and adjacent to the subjectproperty. Service Extension: The existing electric connection will remain. - 287 Deadmond Ferry Road Site ® }l� Received Existing Water Infrastructure Springfield Utility Board OCT 182019 fvv- Original Submittal ORDINANCE NO. 6411 Exhibit B, 34 of 34 Moving Forward,LLC-287 Deadmond Ferry Road Page 3 of 3 Annexation-Public/Private Utility Plan September 25.2019 Fire and Emergency Medical Services Fire and emergency services are provided by Eugene Springfield Fire. Upon annexation, Eugene Springfield Fire will continue to provide service. Police Protection The Lane County Sheriff provides service outside of the city limits. Upon annexation, service will be provided by the Springfield Police Department for the subject property. City Wide Parks and Recreation Programs The site is within the boundaries of the Willamalane Park and Recreation District. Park and recreation services are provided to the subject property currently and will continue to be provided after annexation. Land Use Controls The City of Springfield is the planning and building permit services provider. This service will continue after annexation. Communication Facilities CenturyLink provides land-line telephone service. Comcast provides cable service. Annexation will not change this. Public Schools The site is served by the Eugene School District. Annexation will not change this. Date Received OCT 182019 Original Submittal Okr ORDINANCE NO. 6411 EXHIBIT C, Page 1 of 7 SPRINGFIELD TYPE IV—ANNEXATION STAFF REPORT AND RECOMMENDATION OREGON . ,E 11 mm A.r Il.il �q � .� O , , , .. t Oeadmond Ferry Rd ,, k. X w E. , �9 Property ' f . ,r s- 1' _ . , .....c.._,„„____,,, .. . '".I � �roposed for i r !� AnneKation4.1, � 'S- :.; ✓Limits '".,,1: A St Joseph PI -,. " File Name: Moving Forward LLC Annexation Applicant's Representative: Rick Satre, Schirmer Satre Group Case Number: 811-19-000249-TYP4 Proposal Location: 287 Deadmond Ferry Road (Map 17-03-15-40, Tax Lot 1800) Current Zoning & Comprehensive Plan Designation: Low Density Residential (LDR) Applicable Comprehensive Plan: Gateway Refinement Plan and Springfield 2030 Refinement Plan Application Submittal Date: October 18, 2019 Associated Applications: 811-19-000194-PRE (Development Issues Meeting); 811-19-000224-PRE (Pre-submittal Meeting) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-726-1036 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-726-2293 AIC Building Official Building Robert Castile 541-726-3666 ORDINANCE NO. 6411 EXHIBIT C, Page 2 of 7 Review Process (SDC 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner-initiated annexation applications,unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on August 29, 2019 (Case 811-19-000194-PRE). Conclusion: The requirement in SDC 5.7-120 is met. Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1), an annexation application may be initiated by "more than half the owners of land in the territory, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land." Finding: The property owner who owns all of the land and real property, and full assessed value of real property in the contiguous territory, has filed an application and petition requesting annexation to the City of Springfield(Attachment 2,Exhibit B). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The subject annexation area consists of a trapezoidal-shaped property that is approximately 0.85 acres in size and contains an existing single family dwelling. The property is located on the south side of Deadmond Ferry Road about 600 feet west of the intersection with International Way. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along the northern, eastern and southern 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 future redevelopment of the property. The Deadmond Ferry Road frontage of the property is considered improved to full urban standards and all required public utilities are available to serve the site. For this reason, an Annexation Agreement that outlines the applicant's responsibilities and financial obligations for provision of public streets, utilities,and services to the property is not warranted for this request. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff,), schools (Eugene 4J School District), roads (City of Springfield), and Fire (Eugene-Springfield Fire under contract with the Rainbow Water District). Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the site frontage. Unincorporated properties in the vicinity are served by Rainbow Water District. Upon annexation, the City of Springfield will be responsible for all urban services, including sewer,water(through SUB),electricity(through SUB),and police/fire response to the subject area. Notice Requirements(SDC 5.7-130): Consistent with SDC 5.7-130,notice was provided as follows: Mailed Notice. Notice of the annexation application was mailed December 11, 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 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. The list of recipients of the mailed notice is included with the Affidavit of Mailing for this annexation application and is retained as part of the public record for Planning Case 811-19-000249-TYP4. Newspaper Notice. Notice of the January 6, 2020 public hearing was published in The Register-Guard on December 23 and 30,2019. ORDINANCE NO. 6411 1 EXHIBIT C, Page 3 of 7 Posted Notice. Notice of the January 6, 2020 public hearing was posted in three public places in the City: along the Deadmond Ferry Road frontage of the property; at Springfield City Hall; and on the electronic display in the foyer of the Development and Public Works office. Notice was also provided on the City of Springfield website. Finding: Upon annexation of the subject territory to the City,the underlying Low Density Residential zoning will be retained, but the 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 October 24,2019. 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: The subject annexation territory is located within the acknowledged urban growth boundary (UGB) of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and as more specifically detailed in the adopted Springfield 2030 Refinement Plan— Urbanization Element. The property requested for annexation abuts the Springfield city limits along the northern, eastern and southern boundaries. Therefore, this annexation application meets the statutory definition of contiguity as found in ORS 222.111(1). Conclusion: The proposal meets and complies with criterion A(1), Subsection 5.7-140. B. The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans or Plan Districts; Finding: The Metro Plan was acknowledged by the Land Conservation and Development Commission(LCDC) in August, 1982 and has been subsequently amended. The annexation area is located within the acknowledged UGB of the Metro Plan and as more specifically delineated by the Springfield 2030 Refinement Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The territory requested for annexation is entirely within the City's acknowledged UGB. Finding: In December 2016, Springfield adopted the Springfield 2030 Refinement Plan- Urbanization Element as Springfield's comprehensive plan in compliance with Statewide Planning Goal 14, Urbanization. The Urbanization Element explicitly retains the Metro Plan's long-standing urbanization policy criteria for approving annexations. The Urbanization Element has been acknowledged by LCDC. Finding: The territory requested for annexation is within an area that is zoned and designated for Low Density Residential (LDR) use. The adopted elements of the Springfield 2030 Refinement Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. At present, there are I no proposed changes to the zoning or plan designation for the property, although the Urbanizable Fringe (UF-10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 ORDINANCE NO. 6411 EXHIBIT C, Page 4 of 7 I of the Springfield 2030 Refinement Plan — Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Springfield 2030 Refinement Plan — Urbanization Element recognize that as annexations to the City occur, the special district service areas will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is currently within the service area of Rainbow Water District. The rural water district has a service arrangement with Eugene/Springfield for provision of fire response to unincorporated areas of north Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water District consistent with ORS 222.520 and 222.524 and the combined fire and life safety departments of the Cities of Eugene& Springfield will provide fire protection service directly to the annexation area. 1 Finding: In accordance with Policy 33 of the Springfield 2030 Refinement Plan— Urbanization Element, SUB is the exclusive water service provider within the Springfield city limits. Finding: In accordance with Policy 34 of the Springfield 2030 Refinement Plan — Urbanization Element, when unincorporated territory within the UGB is provided with any new urban service,that service shall be provided by one of the following methods in this priority order: a) Annexation to City; or b) Contractual annexation agreements with City. Finding: In accordance with Policy 35 of the Springfield 2030 Refinement Plan— Urbanization Element,the City shall not extend water or wastewater service outside city limits to serve a residence or business without first obtaining a valid annexation petition, a consent to annex agreement,or when a health hazard abatement annexation is required. Finding: The requested annexation is to facilitate future redevelopment of the property. Public sanitary sewer service is available along the Deadmond Ferry Road frontage of the site. Finding: Rainbow Water District and SUB Water advises that the applicant will be required to extend the 8-inch public water line along the public street frontage of the property to serve the subject site and adjacent properties to the west(in the future,upon annexation). Finding: The property owner submitted an application for annexation to the City (Attachment 2, Exhibit B). Because all required public utilities are available to serve the property and the public street frontage has been fully improved, staff advises that an Annexation Agreement is not warranted for this request. Conclusion: The proposal meets and complies with criterion B, Subsection 5.7-140. i C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: In accordance with Policy 29 of the Springfield 2030 Refinement Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. 1 I Finding: In accordance with Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, key 1 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. i I Finding: In accordance with Policy 32 of the Springfield 2030 Refinement Plan — Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. i I i ORDINANCE NO. 6411 EXHIBIT C, Page 5 of 7 Finding: The territory requested for annexation is contiguous with the City limits along the northern, eastern and southern boundaries. Urban utilities have been extended along adjacent public streets and are available to serve the subject property, adjacent properties, and areas beyond the annexation territory. Therefore, the urban service delivery systems are already available and in place or can be logically extended from points in the vicinity to serve the subject property. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water—The Springfield Utility Board operates the public water utility system within incorporated areas of north Springfield. As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the property will be transferred from Rainbow Water District to SUB Water billing on or after July 1, 2020. The applicant will be responsible for extension of public water lines necessary to serve the planned redevelopment of the property, should this occur. Electricity — SUB Electric provides service to the neighborhoods in north Springfield. SUB owns and maintains electrical system infrastructure along the Deadmond Ferry Road frontage of the property. 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 north 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 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& Recreation District. The park district operates several indoor recreation facilities, such as the Willamalane Park Swim Center, Lively Park Swim Center, Bob Keefer Center for Sports and Recreation, 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, an intergovernmental agreement between the City of Springfield and Lane County,and the adopted Willamalane Comprehensive Plan. Library Services—Upon annexation to the City of Springfield, the subject area will be served by the Springfield Public Library. Schools — The Eugene 4J School District serves this area of northwest Springfield. Based on the existing and potential future redevelopment of the subject property with residential dwellings, it is expected that the annexation territory could generate permanent residents and a school-age population in the future. The Eugene 4J School District has capacity to serve the annexation area in its current configuration and upon potential redevelopment with residential housing on the property. Sanitary Sewer — The annexation territory has existing public sanitary sewer lines along the Deadmond Ferry Road frontage. The applicant will be responsible for connecting to the public sewer system and extension of private sanitary sewer lines necessary to serve the planned residential redevelopment on the property. ORDINANCE NO. 6411 EXHIBIT C, Page 6 of 7 Stormwater — The subject annexation territory is served by the public stormwater management system located in Deadmond Ferry Road. Should redevelopment of the site occur in the future, extension and expansion of public and private stormwater facilities necessary to serve the property will be done concurrently with construction of other site improvements and utilities. Streets — The northern edge of the subject annexation area abuts Deadmond Ferry Road, which has been developed to full urban standards with curb, gutter, sidewalk, paved vehicle and bike lanes, lane striping, street trees,street lighting, and piped stormwater facilities. 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. Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Refinement Plan— Urbanization Element are immediately available to the site. Conclusion: The proposal meets and complies with criterion C,Subsection 5.7-140. D. Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council. Finding: The area proposed for annexation is a residential parcel containing an existing single family dwelling. Because the required public utilities and services are immediately available to the site, and the public street frontage on Deadmond Ferry Road has been improved to full urban standards, an Annexation Agreement is not warranted. However, SUB Water and Rainbow Water District advise that upon annexation and future redevelopment of the site(should this occur),the property owner will be responsible for the cost of extending an 8- inch public waterline along the Deadmond Ferry Road frontage of the site. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by Ordinance. Finding: On January 6, 2020,the City Council held a Public Hearing for the subject annexation request and gave first reading to the Annexation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may take action to approve, modify, or deny the Annexation Ordinance. 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 CI zoning. Effective Date and Notice of Approved Annexation(SDC 5.7-155): If the annexation is granted first reading by the City Council on January 6, 2020, and adopted after a second reading on or around January 21, 2020, the Ordinance will become effective 30 days after adoption by the City Council and execution by the Mayor ORDINANCE NO. 6411 EXHIBIT C, Page 7 of 7 (anticipated on or around February 20, 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: The annexation area is within the delineated service territory of SUB (electric) and Rainbow Water District(water and contracted fire response). The Cities of Eugene/Springfield will provide fire and emergency services after annexation, and the City of Springfield by and through the Springfield Utility Board will provide water service after annexation. Consistent with SDC 5.7-160, notice was provided for the public hearing on January 6, 2020. Withdrawal from the Rainbow Water District concurrently with annexation of the territory to the City of Springfield is in the best interest of the City. The withdrawal from the Rainbow Water District is necessary to implement Policies 31 and 32 of the Springfield 2030 Refinement Plan — Urbanization Element whereby annexation is prioritized for the City of Springfield to provide urban services to its incorporated territory, and existing special service districts within the City's UGB are to be dissolved over time. 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 Rainbow Water District. ORDINANCE NO. 6411