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Item 09 Annexation of 186 Deadmond Ferry Road
AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: 9/20/2021 Regular Meeting Melissa Cariiio, DPW 541.744.4068 10 Minutes SPRINGFIELD Council Goals: Encourage Economic Development and CITY COUNCIL Revitalization through Community Partnerships ITEM TITLE: ANNEXATION OF TERRITORY TO THE CITY OF SPRINGFIELD — ANNEX 0.48 -ACRES OF PROPERTY LOCATED AT 186 DEADMOND FERRY ROAD (ASSESSOR'S MAP 17-03-14-00, TAX LOT 1500) AND A PORTION OF THE DEADMOND FERRY PUBLIC RIGHT-OF-WAY ABUTTING THE PROPERTY. ACTION Conduct a second reading and continued the public hearing of the following ordinance: REQUESTED: AN ORDINANCE ANNEXING CERTAIN TERRITORY ADDRESSED AS 186 DEADMOND FERRY ROAD (ASSESSOR'S MAP 17-03-14-00, TAX LOT 1500) AND A PORTION OF THE DEADMOND FERRY PUBLIC RIGHT-OF-WAY ABUTTING THE SUBJECT PROPERTY TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER & FIRE DISTRICT; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (SECOND READING). ISSUE The City Council continued the public hearing on an ordinance to annex 0.48 -acres of property STATEMENT: currently used as a residence located at 186 Deadmond Ferry Road (Assessor's Map 17-03-14-00, Tax Lot 1500), just east of International Way, along with a portion of the Deadmond Ferry public right-of- way. The approximate total territory requested for annexation is 0.6 -acres. The Council conducted a first reading and held a public hearing on September 7, 2021. The Council decided to continue the public hearing and leave the record open until Council's regular meeting on September 20, 2021. ATTACHMENTS: Attachment 1: Vicinity Map Attachment 2: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Annexation Application Exhibit C: Staff Report and Recommendations Exhibit D: Annexation Agreement DISCUSSION/ The City Council is authorized by Oregon Revised Statutes (ORS) Chapter 222 and Springfield FINANCIAL Development Code (SDC) Article 5.7-100 to act on annexation requests. In accordance with SDC 5.7 - IMPACT: 155 and ORS 222.040, 222.180 and 222.465, if approved the annexation will become effective 30 days after signature by the Mayor or upon acknowledgement by the State, whichever date is later. The territory requested for annexation is located at 186 Deadmond Ferry Road (Map 17-03-14-00, Tax Lot 1500), just east from International Way and north of Deadmond Ferry Road. The subject property is currently zoned Campus Industrial (CI) with an Urbanizable Fringe Overlay (UF -10) applied and it is located inside the City's Urban Growth Boundary. According to the 2020 Lane County Assessment and Taxation records the property has an assessed value of $63,535. As outlined in the attached staff report (Attachment #2, Exhibit C), staff have confirmed that the annexation area can be served with the minimum level of key urban facilities and services, including water and electric service, as required in the Springfield 2030 Comprehensive Plan — Urbanization Element. The staff report states that adequate information has been provided for water and electric service to meet the criteria of approval for annexations established in SDC 5.7-140. An Annexation Agreement that allocates financial responsibility for the provision of urban utilities and services to the property is also included in the attachments, which will be executed by the applicant and the City. Recommendation: The staff report findings show compliance with all the annexation criteria of approval listed in SDC 5.7-140. If there is public comment on this application for the Council meeting on September 20, 2021, the Council will conduct a third reading, deliberate, and decide on this request at their October 4t' which will allow more time to determine the capacity of the water and electric service availability to the site as well as finalizing the Annexation Agreement. 61194 VICINITY MAP 811-21-000203-TYP4 Annexation 17-03-14-00 TL 1500 186 Deadmond Ferry Rd. Sandie Phipps Attachment 1, Page 1 of 1 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN TERRITORY (ASSESSOR'S MAP 17-03-14-00, TAX LOT 1500) TO THE CITY OF SPRINGFIELD AND WILLAMALANE PARK AND RECREATION DISTRICT; WITHDRAWING THE SAME TERRITORY FROM THE RAINBOW WATER AND FIRE 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 July 30, 2021, said territory being Assessor's Map Township 17 South, Range 03 West, Section 14, Map 00, Tax Lot 1500, municipally addressed as 186 Deadmond Ferry Road, which 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 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" in accordance with SDC 5.7-125.B.2.b.i and ORS 222.170(1). All property owners of the subject property filed an application and petition requesting annexation into the City of Springfield; WHEREAS, the territory proposed for annexation is within 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 Comprehensive 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 Campus Industrial 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; WHEREAS, a Staff Report (Exhibit C) was presented to the City Council with the Director's recommendation to concurrently withdraw the subject territory from the Rainbow Water and Fire District as the Springfield Utility Board (SUB) Water Division will provide water services and Eugene -Springfield Fire will provide fire protection services directly to the area after it is annexed to the City and the withdrawal from the rural service district is in the City's best interest for the provision of urban services pursuant to Policy 33 of the Springfield 2030 Comprehensive Plan — Urbanization Element; WHEREAS, this action is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary changes dated May 21, 2008; Attachment 2, Page 1 of 38 WHEREAS, the applicant and City will execute an Annexation Agreement (Exhibit D) that addresses the timing and financial responsibility for provision of public streets, sanitary sewer service, and other necessary utilities to the property, upon City Council approval of the proposed annexation; WHEREAS, on September 7, 2021, the Springfield City Council conducted a public hearing, and continued the hearing to the Council's regular meeting on September 20, 2021, and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request as set forth in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and testimony presented at this public hearing held in the matter of adopting this Ordinance, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. The Common Council of the City of Springfield does hereby approve annexation of the following described territory to the City of Springfield and Willamalane Park and Recreation District, said territory being more particularly described in Exhibit A to this Ordinance. Section 2. The Common Council of the City of Springfield does hereby approve withdrawal of the following described territory from the Rainbow Water and Fire 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 and Fire District shall become effective July 1, 2022. Section 4. The City Manager or the Development and Public Works Director shall send copies of this Ordinance to affected State and local agencies as required by SDC 5.7-155. Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 6. Effective Date of Ordinance. This Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its filing with the Secretary of State as provided by ORS 222.180, whichever is later. ADOPTED by the Common Council of the City of Springfield this day of 12021, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this ATTEST: City Recorder Mayor Attachment 2, Page 2 of 38 day of 2021. Exhibit A, Page 1 of 2 EXHIBIT A — Map and Legal Description PROPERTY REQUESTED FOR ANNEXATION 186 DEADMOND FERRY ROAD ASSESSOR'S MAP 17-03-14-00, TAX LOT 1500 LEGAL DESCRIPTION Beginning at a point marking the Southwest corner of that certain tract of land described in Deed Recorded Tax Lot 1500 of Lane County Oregon Assessor's Map 17-03-14-00, and a portion of the right of way of Deadmond Ferry Road in Springfield, Oregon; being more completely described as follows: Beginning at a point marking the Southwest corner of that certain tract of land described in Deed Recorded January 23, 1967, Reception No. 72936, Lane County Oregon Records, said point being 357.40 feet North 00° 39' 40" East from the Southeast corner of the Abraham Lander Donation Land Claim, Sections 14 and 15, Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon; 0 Running thence South 00° 39' 40" West along the East line of said Lander Donation Land Claim 100.0 feet; Thence along a Southeasterly Line to a point on the East line of Deadmond Ferry Road that is 152.0 feet Southwesterly (when measured along the Westerly line of Deadmond Ferry Road) from a point 21 Attachment 2, Page 3 of 38 Exhibit A, Page 2 of 2 where the Southerly line of the aforementioned tract of land intersects the West line of said Deadmond Ferry Road; Thence continuing along the extension of said Southeasterly Line 30 feet, more or less, to the centerline of said Deadmond Ferry Road; Thence northeasterly along said centerline to its intersection with the southeasterly extension of the Southerly line of the aforementioned tract of land. Thence northwesterly along said southeasterly extension and along said Southerly line 250 feet, more or less, to the Point of Beginning, in Lane County, Oregon. Basis of Bearing for this description is the Bargain and Sale Deed recorded May 3, 2021 as Document No. 2021-030537, Lane County Oregon Records. T OF SEOINNINO 17-03-14-00 TL 1 500 z o z NO SCALE Attachment 2, Page 4 of 38 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 131 Annexation Application Type IV Exhibit B, Page 1 of 21 SPRINOFIELD 1k Application Type Annexation Application Pre -Submittal: ❑ (Applicant: Check one) Annexation Application Submittal: Required Proposal Information Property owner:' (Applicant: Complete This Section) Phone: Address: Fax: 7 77 E-mail: sandIE Pbcp -- C. , Owner Signature: Owner Signature: Agent Name: N A Phone. Company: Fax: Address: E-mail Agent Signature: r 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: 1 b . p D TAX LOT NO(S): Q i'j QCT Property Address: Acres: 8 4 ISquare Feet: Area of Request: Existing Use(s)� of Property: Proposed Use ct S of Property: Required Property! ■Complete Case No.: �� � �� { � 1����� —�pjDate: `� Reviewed By: initials Total Fee: Application Fee: Postage Fee: Revised 4/8/14 B] Attachment 2, Page 5 of 38 page 8 of 17 s Exhibit B, Page 2 of 21 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 timellnes, information, requests and requirements conveyed to my representative. Owner: Date: Signature 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 identif led by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: : Date: 2_9 Signature Sax -%A COL Phk.pas 1-LC&vo 10A PV-)IpPS Pri nt Revised 4/8/14 B7 Attachment 2, Page 6 of 38 page 9 of 17 To Whom It May Concerto: Re: Annexation Exhibit B, Page 3 of 21 July 21, 2021 My husband and I have lived here f br the past 9 years and during that time he has developed Parkinson's and has had a stroke, paralyzing his right side. Plus having all of these medical issues, we had a fire 6 years ago and lost our furnace and south end of this modular home. The house still smells lake smoke and continues to hinder our health. My husband is !a a wheel chair for mobility and makes it much more of a challenge getting around in a sma31 home. We need much more sf than a 1200sf home. He nuns into everything and cannot manipulate mobility in tight spaces. Everything has to be handicap friendly] My daughter has had to move in with us to help with caring for us. We are applying for an Annexation into the city of Springfield for the property located at 186 Deadmond Ferry Road which lies along the North property line with International Way and is within the city's urban growth boundary. International Way separates our property from the city. Our utilities of electrical will remain the same except will all be underground, as we are currently connected to SUB. The some is true with our water which is, at Present, Rainbow and will become SUB as of June 30, 2022. According to Rainbow, we will also be hooking up to SUB for our sewer, after annexation. There are not any storm drains available to any of the properties in this area, therefore we are complying with present usage. Atuaexations are allowed under Ciateway Refinement Plan and Metro Plan. Our Annexation agreement is being drafted, presently. Being annexed into the city will not have any significant impact on the area or other nearby or surrounding properties. Attached is our utility plan indicating placement of utilities on the property. Thank you, Sandie Phipps Homeowner Attachment 2, Page 7 of 38 Exhibit B, Page 4 of 21 CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS =Dn 5,7 -Kilo Annexations 5.7-144 Criteria An annexation application may be approved only if the City Council finds that the prQposal 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 co limits; or i � f' } L [�e Irlk Separated from the City only by a public right-of-way or a stream, lake or other body of water. I o Ica Q� The proposed annexation Is consistent with applicable policies int�reMetro Plan and in any applicable refinement plans or Plan Districts; Jqj (:21? O'itL r J C f The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in lthe Metro Plan, can be provided in an orderly, efficient and timely manner; and Lzo Where applicable, fiscal impacts to the City have been mitigated through an Annexation Agreement or other mechanism approved by the City Council, (6212) View the mobile version. Cl lr"a'fhed� Attachment 2, Page 8 of 38 Arr 1e M6 C) M 4 th #Q C D U M L W� v C:2 M Q > 4N z in >' Z �-► 0 XN X a C� d ui E W a C � 3 luC U N R3 � r C 03 'C (4 C C Ul ami M- 0 c cu �a y 4 o to Z C M t 4 'p 49 _ g 'o` Ln 44J d) n 0� o4-1 v� N C .- .L ❑ v Ln OL a� 0 FL Q� C 'CO: ❑ 4- 10 fl w 0 � Ou c A g a ru w � ai U C N Q. A C 4-0 c RM 0 s c 0 �1 p ro Z. w v W a L' R u Exhibit B, Page 5 of 21 m 46 LA iaJ c 42c M c Q CU vl :s r M Srl C CL � � C tr o4.0 9rn v cif 13— 2 o Aj { Ell r � M -+- c ❑ Q 1 t En r -1 a � N� C Q1 � ;i. tt p me tM I* 9 A g a ru w � ai U C N Q. A C 4-0 c RM 0 s c 0 �1 p ro Z. w v W a L' R u Exhibit B, Page 5 of 21 46 LA iaJ c 42c M c CU vl :s M C CL � � C tr o4.0 cif 13— 2 o ❑a. X { Ell 1..Z x F- rlr n 6 N m W N Exhibit B, Page 6 of 21 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 (mapft number) Name of Owner Acres Assessed Value Imp. Y/ N Signed Yes Signed No CA, TOTALS: TOTAL NUMBER OF OWNERS IN THE PROPOSAL NUMBER OF OWNERS WHO SIGNED PERCENTAGE OF OWNERS WHO SIGNED TOTAL ACREAGE IN PROPOSAL ACREAGE SIGNED FOR PERCENTAGE OF ACREAGE SIGNED FOR TOTAL VALUE IN THE PROPOSAL VALDE CONSENTED FOR PERCENTAGE OF VALUE CONSENTED FOR 2 C) C)�y 77��io G k � 8 b 0 535 Revised 4/$/14 ai 14 of 17 Attachment 2, Page 10 of 38 Exhibit B, Page 7 of 21 FORM 3 SUPPLEMENTAL INFORMATION FORM (Complete afl the following questions and provide all the requested information, Attach any reSPOnse<s Mat require addltlonal space, restating the question or request for information an addldonai sheets,) Contact Person: Pr E-mail, go.oaiC' (0-)TOOicor) Supply the following information regarding the annexation area. ■ Estimated Population (at present): • Number of Existing Residential Units: ■ Other Uses: CCS., cxc,c * Land Area: total acres • Existing Plan Designation(s): P. • Existing Zonings): M , r Existing Land Uise(s): Applicable Comprehensive Plan(s): 0). --"Ayc � • Applicable Refinement Plans):_ ,4—Afx , — - e Provide evidence that the annexation is consistent with the applicable comprehensive plan(s) and any associated refinement plans. Cit IST S d C.C.S i tf i 'V t��t • Are there development pians associated with this proposed annexation? Yes No If yes, describe, i`ld Lt'l�• , S 4 � R • Is the proposed use or development allowed on the property under the current plan designation and zoning? Yes No X • Please describe where the proposed annexation is contiguous to the city limits (non-contiguous annexations cannot be approved under 5.7-140, Criteria). ml to am, OL Revised 4/8/14 B; Page 15 of 17 Attachment 2, Page 11 of 38 Exhibit B, Page 8 of 21 Does this application Include all contiguous property under the same ownership? Yes No -.- - If no, state the reasons why all property is not included: 0005 3 �, iu 1S C. A ■ Check the special districts and others that provide service to the annexation area: ❑ Glenwood Water District ❑ Eugene School District JI Springfield School District ❑ Pleasant Hill RFPD ❑ EPUD ❑ Willamalane Parks and Rec District nl4 Rainbow Water and Fire District ❑ Pleasant Hlll School district ❑ McKenzie Fire & Rescue ❑ 1Willakenzie RFPD 'M SUB ❑ 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. (Name) (Name) (Address) -j (Address) Dill �C� 7� S . ,k�rf e_- d �7+77 (Citi) (zip) (CG) (ZIP) 4't-�We _ a+MeS - MLV� L (Name) (Name) '�'21� (Address) (Address) (City) (zip) (City) (zip) Revised 4/8/14 B3 Page 16 of 17 Attachment 2, Page 12 of 38 Exhibit B, Page 9 of 21 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: Map and Tax Lot Number Street Address of Property (ifladdress has been assigned) O N E WAIVE R OF TIM E LIMIT FO R EACH PARCEL, PLEAS E 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 N indefinitely or [ ] until ©ate Signatures of Legal Owners Please or type nam Signature Date Signed yyprint LmG: t: �BG129oB 80UNCtWAaGE T7LaiY5iTfLs^IVIPPLICATIQN hp4f�.1SP18+5GFIELAIIP-03�Q8 UPDr17EII fi714F�31PRE-SUSA9TTAL AAIMEXATIONAPi�J.IG4TTGh' 7o--d7-08.�OC � Saved: 7arxrary TB, 2026 Revised 4/8/14 BJ Page 17 of 17 Attachment 2, Page 13 of 38 Exhibit B, Page 10 of 21 BARGAIN AND SALE DEED Grantor's Flame and Address: Lesa S.13eleke, 6279 SE Wicker Cr., Hillsboro, OR 97123; and Lane County Clerk Teresa D_ Beleke, ISS Deadmond Ferry Rd., Springfield, OR 97477 2021-030537 Lane County Deeds and Records Grantee's Name and Address: Sandra M. Phipps and Harold S. Phipps 186 Dead morld Ferry Rd., Springfield, OR 97477 After Recording, return to; Sandra K. Phipps IS Deadmond Ferry Rd., Springfield, OR 97477 Until a change is requested all tax statements shall be sent to the following address: Sandra M. Phipps, 186 Deadmand Ferry Rd., Springfeld, OR 97477 IIIIIIIIIIIIIIINIIIII�I�IIIIIIII�I!I� =87.00 05ID3/2021 03:21:06 PM RPR -DEEB Cnt-1 P9s=1 Stn=I3 CASHIER 12 $5.00 $11.00 $61.00 $10.00 KNOW ALL MIEN- BY THESE PRESENTS, That L,esa S. Beleke and Teresa D. Beleke hereinafter called Grantor, for the consideratiAn hereinafter stated, does hereby grant, bargain, sell and convey to Sandra M. Phipps, hereinafter called C hwdee, and unto Grantees' heirs, successors artd assigns, all ofthat certain real property situated in the County ofLane, State of Oregon, described as follows, to wit: Beginning at a point marking the Southwest corner of &at certain tract of land dessa-led in Deed Recorded January 23, 1967, Reception No. 72936, Lie County Oregon Records, said point being 357.40 feet North 00° 39'40" East from the Southeast corner ofth Abraham Lander Donation Land Claim, Sections 14 and 15, Township 17 South, Range 3 West of the Willamette Meridian, Lane County, Oregon; running thence South 000 39'40" West along the EasF line of said Lauder Donation Land Claim 100.0 feet; thence Southeasterly to a point on the East line of Deadmond Ferry Road that is 152.0 Fit Southwesterly (when measured along the Westerly line of Deadmond Ferry Road) from a point where the Southerly line of that certain tract of land conveyed by said Deed Recorded January 23, 1967, Reception No. 72936, intersects the West line of said Deadmond Ferry Road; thence Northeasterly 152.0 feet to the Southerly line of that m Iain tract of land described in Deed Recorded January2 3, 1967, Reception No. 72936, thence Northwesterly along the Southerlyline ofthatom tain tract of land described in deed Recorded January 23, 1967, Reception No. 72936, a distance of 223.16 feet, more or less, to the Place of Beginning, in Lane County, Oregon, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 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 S, 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 ACCEP I,` NG 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 ESTABLISMD LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 2l 5.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LMTS ON LAWS13717S AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE AROUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER DRS 195.3 00,195.3 01 AND 195.305 TO 195.336 AND SBCTTONS 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. The true consideration for this conveyance is non -monetary, other property or value was eit! ; er part or the whole consider4lion. Dated: April '30 2021 �4--'``c �_ !"',:",�? � T-: esa D. Beleke State of Oregon, County of te) ss. iniat)nIn-��an A This instrument was acknowledged before me on 2021, by Lesa S. Beleke and Teresa D. Beleke. Notary-T,lie for Oregon My Commission expares .r fl o5 7 1 2o L!5 (OFFICIAL STAM KARAN SHARlfif A NOTARY PUBLIC-�JRlrtxGE�{ COMMISSION i4o. '00817B My GOMMiSSION EXPIRES JOL 21.2025 Attachment 2, Page 14 of 38 Exhibit B, Page 11 of 21 BARGAIN AND SALE DEED Grantor's Name and Address: � Lesa S. Beieke, 6279 SE Wicker Ct., Hillsboro, OR 97123; and Lane County Cleric Teresa. D. Belcke, 186 ❑eadmond Ferry ltd., Sprinecid. OR 97477 2021-030537 Lane County deeds and Records Grantee's Name and Address: Sandra M. Phipps and Harold S, Phipps 186 Deadmond Ferry Rd., Springfield, bR 97477 Atter Recording, return to: Sandra M. Phipps 186 Deadmond Ferry Rd., Springfield, OR 97477 Until a change is requested all tits statements shall be sent tG the following address: Sandra M. Phipps, 186 Dcadmon d Ferry Rd., Springfield, OR 97477 �IIdIIIGIIIIIVIIIRII Illllllll�lp =8700 0510312021 n3:21:b6 PM RPR -DEED Cnt=1 Pgs=1 Styr -11 CA6WER 12 SSAO $11.OD $61.00 $16,00 KNOW ALL MEN BY THESE PRESENTS, That Lesa S. Beleke and Teresa D. Beleke hereinafter called Cyrantnr, for the consideration hereinafter stated, doers hereby gnu t, bargain, sell and convey to Sandra M, Phipps, hereinafter called Grantee, and unto Orantees' heirs, sumessors and assigns, all of that certain real property situated in the County of Lane, State of Oregon, described as follows, to wit: Beginning at a point marking the Southwest corner of'that certain tract of land described in Beed Recorded Ianumy 23, 1967, Reception No. 72916, Lane County Oregon Records, sold point being 357.40 feet North 00' 3 9'40" East from the Southeast comer ofthe Ahraharn Lander Donation Land Claim, Sections 14 and 15, 'Township 17 South, Range 3 West of the Willamette Mefidian, Lane County, Oregon; r==9 thence South 00' 39'40' West along the East line of said Lander Donation Land Claim 100.0 fleet; thence Southeasterly to a point rip the East line of Deadmond Ferry Road that is 152.0 feet Southwesterly (when measured along the Westerly line of Deadmond Ferry Road) from a point where the Southerly line of that certain tract of land conveyed by said Deed Recorded January 23, 1967, Reception No. 72936, intersects the West line 4f said Deadmond Ferry Road; thence Northeasterly 152.0 feet to the Southerly line of that certain tract of land described in Deed Recorded January 23, 1967, Reception No. 72936, thenceNorthwesterly along the Southerly line ofdiat certain tractof land described in Deed Recorded. January 23, 1967, Radion No_ 7293 6, a distance of 225.16 feet, more or less, to the Place of Eeginning, in Lane County, Oregon. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER SSS, 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 REGUI-ATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEL' TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND 13EING TRANSFERRED I5 A LAWFULLY ESTABLISHER LOT OR PARCEL, AS DEFINED IN QRS 92.010 OR 215.0 10, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGA11IriST FARMING OR FOREST PRACTICES AS DEFINED 1N ORS 30.930 AND TO INQUIREABOUT THERIG14TS OFNEIGHBOR]NG PROPERTY OWNERS, IFANV, UNDERORS 195.300,195.301 AND 195.345 TO 195.336 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. The true consideration for this conveyance is non -monetary, other property or value was eit:,, r part orthe whole consideration. Dated; April ❑ 2021 Less S_ Bele e State of Oregon, County of1aftc ) ss. This instrument was acknowledged before me on Nota clic for Oregon My CoMmissiOn mires � �i v T:..:esa D. Beleke - hV 11 _ ?O , 2021, by Lasa S. Beleke and Teresa 0. Beieke. OFFICIAL STAMP KARAN SHAG NOTARY PUBLIC - OFiEGf;:, l i COMMISSION No. 10081 i { 1 MY CQp,tHLiB5tdfd �_i(p1RE5 JAP-1.21 2�Z5 Attachment 2, Page 15 of 38 16-1 019 R age 12 of 1 000 x IL -_ --_ Exhibit B, Page 13 of 21 9 ;K R:g- 9% 40MIUU0,4ew"achment 2, Page 17 of 38 Exhibit B, Page 14 of 21 Attachment 2, Page 18 0T-3 � � 2>1 L - (D LL _0 C: O E � � m D ito 00 v- -- E*hibi�EPaqe 45 0 21 � \! S t � e ( 6! ^ � o \g GENEVAN � AGAVAGAN � §» � � ~ � �;.. 2 ! \# } /( \}}\/k\ ¢-` ! t 7(] Akm#«u m o(! ! � /kkk\k� ! � § ! ! q ! , � { ■ k \ , 7/\/))k} A—g fi e ■ ¢ & k EL(k \ jk\\ § | 2.2 7�%� %|�§}#}#} \# �§�mD% Exhibit B, Page 17 of 21 IV o gs G w x N a Exhibit B, Page 18 of 21 Ln Ln m ZL � w C) Q w� t'1•.1 y v G V " to .. w rµ a � n 6 C7 O a Ui I r M n, Attachment 2, Page 22 of 38 M orh -e LANE COUNTY I Account No.: 4491052 Account'fype: Real Property TCA- 00422 Situs Address: 186 DEADMOND FERRY RD SPRINGFIELD OR 97477 Legal: Legal On File Role Name & Address Exhibit B, Page 19 of 21 Property Account Summary As Of 7016/2021 Stahm Artive Alternate Property Number: 1703 MODISOD Located On: 0149979 (Primary) Owner FILERS DIANA D % SANDIE PHIPPS 186 DEADMOND FERRY RD SPRINGFIELD OR 97477 Taxpayer EILERS DIANA D % SANDIE PHIPPS 186 DEADMOND FERRY RD SPRINGFIELD OR 97477 Property Values: Value Name 2020 2019 2018 2017 201E MKTTL $44,268 $41,226 $41,946 $44,802 $40,920 AVR $44,268 $41,226 $41,946 $44,602 $40,920 TVR $44,268 $41,226 $41,946 $44,802 $40,920 Property Characteristics: Tax Year Characteristic Value 2020 Properly Class 109 Ras conforming rnhome Change Property Ratio iXX Residential Gude Split N XPLATE X137457 Neighborhood 441503 M5 tax compression for education 92,56 Exemptions: (End of Report) Run! 7116120212.12:29 PM ASCO037 [Ascend Prod Rpt] Page 'I Attachment 2, Page 23 of 38 Exhibit B, Page 20 of 21 t Ill LANE COUNTY Property Account Summary As Of W1612021 Status: Active Account No.: 0149979 Alternate Property Number: 1703140001500 Account Typo! Real Property TCA: 00422 Guest Property Account(s): 4091052 (Host is Primary) Situs Address: 186 DEADMOND FERRY RD SPRINGFIELD QR 97477 Legal: Township 17 Range 03 Section 14 Quarter 00 TL 01500 Role Name & Address owner PHIPPS SANDRA M 2016 186 DEAD MOND FERRY RD $110,025 SPRINGFIELD OR 97477 Taxpayer PHIPPS SANDRA M $53,535 186 DEADMOND FERRY RD $59,889 SPRINGFIELD OR 97477 Property Values: Value Flame $61,685 MKTTL AVR TVR Property Characteristics: Tax Year Characteristic 2020 Property Glass Change Property Ratio Size Code Split Neighborhood Exemptions: 2020 2019 2018 2017 2016 $115,881 $110,025 $104,195 $108,097 $94,005 $53,535 $61,685 $59,889 $58,145 $56,451 $63,535 $61,685 $59,889 $56,145 $56,451 Value 139 Indus zone mhome 1Xx Resldentlal 0.00 N 441503 {End of ReFDrtj Run. 7/16/2021 2:12:22 Ph4 AS00037 [Ascend_Pmd_Rpt] Page 1 Attachment 2, Page 24 of 38 Attachment 2, Page 25 of 38 15t Exhibit B, Pa 121 of 21 Mw .. S i. f F* .. ;I. y I: I: f � J i TYPE IV - ANNEXATION STAFF REPORT AND RECOMMENDATION Exhibit C, Page 1 of 7 OREGON File Name: Phipps Annexation Applicant: Sandra and Harold Phipps Case Number: 811-21-000203-TYP4 0 Proposal Location: 186 Deadmond Ferry Road (Assessor's Map 17-03-14-00, TL 1500) Current Zoning & Comprehensive Plan Designation: Campus Industrial (CI) Applicable Comprehensive Plan: Metro Plan and Springfield 2030 Comprehensive Plan Application Submittal Date: July 30, 2021 Associated Applications: 811 -21 -000144 -PRE (Development Issues Meeting); 811 -21 -000187 -PRE (Pre -Submittal); 811-21-000204-TYP2 (Non -Conforming Use Expansion) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Melissa Cariiio 541.744.4068 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 Building Official Building Chris Carpenter 541.744.4153 Attachment 2, Page 26 of 38 Exhibit C, Page 2 of 7 Review Process (Springfield Development Code (SDC) 5.7-115): The subject annexation request is being reviewed under Type IV procedures, without Planning Commission consideration. Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all public agency and private landowner -initiated annexation applications, unless waived by the Director. Finding: A Development Issues Meeting for the subject annexation request was held on July 13, 2021 (Case 811- 21 -000144 -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 owners who own all the land and real property, and full assessed value of real property in the contiguous territory, have filed an application and petition requesting annexation to the City of Springfield (Attachment 2, Exhibit B). Finding: In addition to the petition, the submitted application includes the required documents listed under SDC 5.7-125.B. This includes a Verification of Property Owners signed by the Lane County Department of Assessment and Taxation (Form 1), the Ownership Worksheet (Form 2), and a Waiver Form in accordance with ORS 222.173 (Form 4). Conclusion: The application requirements in SDC 5.7-125 have been met. Site Information: The 0.6 -acre proposed annexation area consists of the 0.48 -acre subject property and a segment of the Deadmond Ferry Road public right-of-way (ROW), which includes the area that abuts the subject property to the center line of the ROW. There is an existing manufactured home and garage on site along with some trees along the International Way street frontage. The property is located between International Way and Deadmond Ferry Road. The subject site is inside the Springfield Urban Growth Boundary (UGB) and is contiguous to the Springfield city limits along its western boundary. Zoning for the property is Campus Industrial (CI) with an Urbanizable Fringe Overlay (UF -10) applied according to the City's Zoning Map and Gateway Refinement Plan. According to the applicants' submittal, the primary purpose of the annexation request is to facilitate development of a new stick -built home to replace the existing deteriorating manufactured home on site. The applicants are proposing to extend sanitary sewer to their property from the Deadmond Ferry Road ROW. A public sanitary sewer line stub is already available at the applicants' driveway and would be extended to serve the proposed new dwelling unit. The applicants will be responsible for improving the Deadmond Ferry Road frontage of the property at the time of future site development. For this reason, an Annexation Agreement is being prepared for execution by the applicants and the City that outlines the applicants' responsibilities and financial obligations for provision of public streets, utilities, and services to the property. The current residential use on the subject property is not a permitted use within Cl zoning districts in accordance with SDC 3.2-415. Because of the underlying CI zoning of this property, the applicant must obtain non -conforming use determination and approval of non -conforming use expansion by the City to continue their proposed development and to connect to public sanitary sewer. Existing public services are provided to the annexation area as follows: police (Lane County Sheriff), schools (Springfield School District), roads (City of Springfield and Lane County), and ambulance services (Eugene/Springfield Fire). The applicants currently receive water service and fire protection from the Rainbow Water and Fire District; however, the Springfield Utility Board (SUB) operates the existing electric and water utility infrastructure along the Deadmond Ferry Road site frontage. Unincorporated properties in the vicinity are Attachment 2, Page 27 of 38 Exhibit C, Page 3 of 7 served by individual wells or, for certain properties, by the Rainbow Water and Fire 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 (through Eugene/Springfield Fire) 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 August 11, 2021, 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 (Rainbow Water and Fire District, Eugene/Springfield Fire) and all other public utility providers (Springfield Utility Board, CenturyLink Telecommunications); 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 811-21-000203-TYP4. Newspaper Notice. Notice of the September 7, 2021 public hearing was published in The Register- Guard on August 29' and September 5th. Posted Notice. A total of 4 notices were posted for the September 7, 2021 public hearing. Notice was posted on both the City of Springfield website and the Department of Public Works' Digital Display in City Hall on August 13t'`. Two notices were also posted along the subject property street frontages, with one along Deadmond Ferry Road and the other along International Way on August 23rd. Finding: Upon annexation of the subject territory to the City, the underlying Campus Industrial (CI) 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 August 15, 2021. Finding: Because DLCD requires at least 35 -day advance notice of a public hearing for specific land use applications, the City Council will hold public hearing on September 7t' and continue the hearing until September 20d' to meet state requirements. Finding: Staff did not receive any written comments from the public on this application prior to the September 7t1i or September 20d' City Council meetings. 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 City of Springfield's acknowledged urban growth boundary (UGB). The property requested for annexation abuts the Springfield city limits along its western boundary Attachment 2, Page 28 of 38 Exhibit C, Page 4 of 7 adjacent to International Way. 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 annexation area is located within the acknowledged Springfield UGB and as more specifically delineated by the Springfield 2030 Comprehensive Plan. Territory within the delineated UGB ultimately will be within the City of Springfield. Finding: The Springfield 2030 Comprehensive Plan amends the Eugene -Springfield Metropolitan Area General Plan (Metro Plan) through adoption of ordinances since 2011. Volume 1 of the Springfield 2030 Comprehensive Plan includes the following elements: Economic, Residential Land Use & Housing, Recreation, Transportation, and Urbanization. In December 2016, Springfield adopted the Urbanization Element 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. Finding: The territory requested for annexation is within an area that is zoned and designated for Campus Industrial (CI) use. The adopted elements of the Springfield 2030 Comprehensive Plan apply to areas within the Springfield UGB, particularly the Urbanization Element adopted by Ordinance 6361. There are no proposed changes to the current zoning or plan designation for the property, although the Urbanizable Fringe (UF -10) overlay will be effectively removed upon annexation. Finding: The continued annexation of properties to the City of Springfield is consistent with Policies 27 and 29 of the Springfield 2030 Comprehensive Plan — Urbanization Element, which will result in the elimination of special districts within the urbanizable area. The Metro Plan and the Springfield 2030 Comprehensive Plan — Urbanization Element recognize that as annexations to the City occur, the special district service areas within the UGB will diminish incrementally and eventually will be dissolved. Finding: The territory requested for annexation is currently within the service area of the Rainbow Water and Fire District. The rural water and fire service district has a service arrangement with Eugene/Springfield for provision of fire and emergency medical service response to unincorporated areas of Springfield. After the public hearing and upon Council adoption of the annexation Ordinance, the annexation area will be withdrawn from the Rainbow Water and Fire 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 and emergency medical service directly to the annexation area. Finding: In accordance with Policy 33 of the Springfield 2030 Comprehensive Plan — Urbanization Element, SUB is the exclusive water service provider within the Springfield City Limits. SUB will become the direct service provider upon annexation. Finding: In accordance with Policy 34 of the Springfield 2030 Comprehensive 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. If this annexation request is approved and the Annexation Agreement is executed, the subject property will be provided with new urban services such as public sanitary sewer and SUB water service. Finding: In accordance with Policy 35 of the Springfield 2030 Comprehensive 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. The property owners applied for annexation to the City (Attachment 2, Exhibit B), and Attachment 2, Page 29 of 38 Exhibit C, Page 5 of 7 an Annexation Agreement is being prepared for execution by the City and applicant in order to extend public sanitary sewer and access SUB water service. Conclusion: The proposal meets and complies with criterion B, SDC 5.7-140. C. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly efficient and timely manner; and Finding: In accordance with Policy 29 of the Springfield 2030 Comprehensive Plan — Urbanization Element, annexation shall continue to be a prerequisite for urban development and the delivery of City services in accordance with the Springfield Comprehensive Plan and Springfield Development Code. Finding: In accordance with Policy 31 of the Springfield 2030 Comprehensive Plan — Urbanization Element, key urban facilities and services are defined as wastewater service; stormwater service; transportation; solid waste management; water service; fire and emergency medical services; police protection; citywide park and recreation programs; electric service; land use controls; communication facilities; and public schools on a districtwide basis. Finding: In accordance with Policy 32 of the Springfield 2030 Comprehensive Plan — Urbanization Element, urban services provided by the City upon annexation to Springfield include storm and sanitary sewer; water; transportation systems; police and fire protection; planning, building, code enforcement and library services; and public infrastructure maintenance of City owned or operated facilities. Finding: The territory requested for annexation is contiguous with the City Limits along its western boundary abutting International Way. Urban utilities including sanitary sewer, electricity, and water service, have been extended within the Deadmond Ferry Road public right-of-way (ROW) 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 and future development. In addition to urban utilities, the following facilities and services are either available or can be extended to this annexation area: Water — As noted above, SUB is the exclusive water service provider for properties within the City limits. Upon annexation, the applicants would be eligible to continue using the existing water connections or extend public water lines necessary to serve the subject property. SUB states that there is enough capacity for the existing water connection to serve the current residential use. There is also an available water source from International Way to serve future industrial development at this Property and is sufficient to meet the potential demand of future development and uses on site in accordance with the Schedule of Campus Industrial Use Categories listed in SDC 3.2-415. The applicants must transfer water service from the Rainbow Water and Fire District to SUB by July 1, 2022 in accordance with ORS 222.465. (SUB Water Representative: Keoki Lapina, KeokiL@Aubutil.com) Electricity — SUB provides electric service to the neighborhoods in Springfield within incorporated areas of Springfield. SUB owns and maintains electrical system infrastructure in neighborhoods they serve. Existing electrical system infrastructure within the Deadmond Ferry Road public ROW will continue to provide service to the subject property and continue to be maintained by SUB. SUB will provide new underground service from the existing overhead connection on SUB Pole #78104. The existing infrastructure is designed to meet the capacity needs for both residential and industrial developments in the vicinity. The existing capacity of the infrastructure is sufficient to meet the potential demand of future development and uses on site in accordance with the Schedule of Campus Industrial Use Categories (SDC 3.2-415). (SUB Electric Representative: Danny Stanfield, DannyS&subutil.com) Police Services — Springfield Police Department currently provides service to areas of 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 Attachment 2, Page 30 of 38 Exhibit C, Page 6 of 7 Fire Department under contract with the Rainbow Water and Fire District. Upon annexation, the Eugene/Springfield Fire Department will provide fire and emergency services directly to the subject territory. Emergency medical transport (ambulance) services are provided on a regional basis by the Eugene/Springfield Fire Department. 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 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. Libraa Services — Upon annexation to the City of Springfield, the subject area's residents will be served by the Springfield Public Library. Schools — The Springfield School District serves this area of Springfield. The Springfield School District has capacity to continue serving the annexation area and its residents in its current configuration. Sanitary Sewer — Currently, the subject property is served by a septic system. An existing public sanitary sewer system is located in Deadmond Ferry Road. It consists of an 8" main with laterals extended to this property and other surrounding properties. The property is zoned Campus Industrial (CI). While the existing 8" main has sufficient capacity for the current residential use on this lot and the surrounding lots, sewer demand for Cl zoning will exceed the current use. City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within, deemed a sewer capacity analysis consistent with EDSPM section 2.02.2 is not required. No future conforming use would increase demand on the system beyond 5000 gpd or 10% of downstream capacity as planned in the Wastewater Master Plan. Stormwater — The subject annexation territory is not currently served by public stormwater management systems. Extension and expansion of the public stormwater system is not yet planned for this vicinity, and stormwater runoff must be managed and mitigated on site. An existing public storm sewer system is located in International Way via a catch basin at the western frontage of the property that could be used for connection, and a stub is available in Deadmond Ferry Road at the intersection of International Way, Baldy View, and Deadmond Ferry that could be extended to this property along the existing public Deadmond Ferry ROW (a distance of approximately 130'). Streets — The Property has legal and physical access to Deadmond Ferry Road. The property also has frontage along International Way, which is fully improved, but driveway access must be limited to just the lower classification street (Deadmond Ferry Road) in accordance with SDC 4.2-120.B. Deadmond Ferry Road is classified as a County Local Access roadway and is not improved to current City standards. Currently, the street provides adequate access for the existing residential use. Full improvements to Deadmond Ferry Road per clause 1. 1.3 in the draft Annexation Agreement will be required at time of development consistent with zoning. In addition to the subject property, a segment of the Deadmond Ferry Road ROW - from the edge that abuts the subject property to the ROW center line - is also proposed for annexation. With annexation, the applicants will be responsible for improving the segment of Deadmond Ferry Road along the eastern boundary of the subject property as will be provided in the Annexation Agreement, and the City of Springfield will take on jurisdiction of that portion of Deadmond Ferry Road ROW. Attachment 2, Page 31 of 38 Exhibit C, Page 7 of 7 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, such as CenturyLink, offer both wired and wireless communication services in the Eugene -Springfield metropolitan area. Existing providers and those entering the market have the capability to provide service to this area. Land Use Controls — The annexation area is within Springfield's urban growth boundary (UGB). Through an intergovernmental agreement between Lane County and the City of Springfield, the City already has planning and building jurisdiction for unincorporated areas of Springfield. The City will continue to administer land use controls after annexation. Finding: The minimum level of key urban facilities and services, as outlined in the adopted Metro Plan and the Springfield 2030 Comprehensive Plan — Urbanization Element are immediately available and have the capacity to serve the site. Conclusion: Due to inadequate information regarding future water and electric service capacity, the proposal does show how it complies with criterion C, SDC 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: An Annexation Agreement that outlines the applicants' financial responsibility for provision of public streets and utilities necessary to serve the property is available for review (Attachment 2, Exhibit D). The Annexation Agreement will need to be executed by both the applicants and City for the annexation action to be concluded. Upon future development and change of use on the subject property, the property owner will be responsible for the cost of constructing the public improvements necessary to serve the area. Therefore, any potential fiscal impacts to the City have been mitigated by the executed Annexation Agreement. Conclusion: The proposal meets and complies with criterion D, Subsection 5.7-140. 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 the Rainbow Water and Fire District for water and fire protection service. 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, a public hearing was held, and the City Council determined that withdrawal from the Rainbow Water and Fire District concurrently with annexation of the territory to the City of Springfield was in the best interest of the city. The withdrawal from the Rainbow Water and Fire District is necessary to implement Policies 31 and 32 of the Springfield 2030 Comprehensive 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: Because the findings in this staff report show compliance with the annexation criteria of approval listed in SDC 5.7-140, the Director recommends that Council approve this annexation request. Attachment 2, Page 32 of 38 Exhibit D, Page 1 of 6 ANNEXATION AGREEMENT This Annexation Agreement ("Agreement") is made between the City of Springfield, an Oregon municipal corporation ("City") and Sandra Phipps ("APPLICANT"). RECITALS A. APPLICANT owns the parcel of land legally described in Exhibit A, the Property. The property is proximate to the jurisdictional limits of the City and is subject to annexation by the City of Springfield following minor boundary change processes. B. APPLICANT has submitted to the City a request for Annexation, dated July 30, 2021, for Assessor's Map No. 17-03-14-00, Tax Lot 01500, which is currently addressed as 186 Deadmond Ferry Road. C. APPLICANT wishes to annex the Property to the City and seeks support from the City for the annexation. D. The Property is inside the recognized Urban Growth Boundary (UGB) of the City of Springfield. The Property is within the Urbanizable Fringe Overlay District (UF -10) according to the Springfield Zoning Map, and the underlying zoning is Campus Industrial (CI). The existing use of the property is residential as an existing non -conforming use. E. Annexation of the Property requires a showing under SDC 5.7-140.0 that the Property can be provided with the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element, and such showing is supported by the substantial evidence in the record of the proceeding on this annexation. City staff has determined the minimum level of key urban services are available or can be made available to the Property in a timely manner. F. The purpose of this Agreement is to memorialize APPLICANT's and City's commitment and agreement to the allocation of financial responsibility for public facilities and services for the Property and other users of the facilities, sufficient to meet the City's requirements for the provision of key urban services, including long term public sanitary sewer, stormwater management systems, interconnected transportation systems, and Fire and Life Safety services necessary for an affirmative City recommendation for the annexation request. After Recording, Return to: City of Springfield Attn: Current Development Division Development & Public Works Department 225 Fifth Street Springfield, OR 97477 Place Bar Code Sticker Here: ANNEXAtT �_F NJTof g8ge 1 of 6 Exhibit D, Page 2 of 6 G. A public sanitary sewer system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is necessary to support a finding that this key urban service is available to serve the Property. • An existing public sanitary sewer system is located in Deadmond Ferry Road. It consists of an 8" main with laterals extended to this property and other surrounding properties. The property is zoned Campus Industrial. While the existing 8" main has sufficient capacity for the current residential use on this lot and the surrounding lots, sewer for Campus Industrial zoning will exceed the current use. City Staff evaluated the Wastewater Master Plan, and using the assumptions provided within, deemed a sewer capacity analysis consistent with EDSPM section 2.02.2 is not required. No future conforming use would increase demand on the system beyond 5000 gpd or 10% of downstream capacity as planned in the Wastewater Master Plan. Currently, the subject property is served by a septic system. H. A public stormwater management system with sufficient capacity to serve the Property and other existing and proposed land uses in the vicinity of the Property is also necessary to support a finding that this key urban service is currently available to serve the Property. • An existing public storm sewer system is located in International Way via a catch basin at the western frontage of the property that could be used for connection and a stub is available in Deadmond Ferry Road at the intersection of International Way, Baldy View, and Deadmond Ferry that could be extended to this property along the existing public Deadmond Ferry ROW (a distance of approx. 130'). I. An interconnected transportation system with the existing and proposed land uses in the vicinity of the Property is also required in order to provide access and a transportation system for the provision of Fire and Life Safety services to and from the annexed property. • The Property has legal and physical access to Deadmond Ferry. The property also has frontage along International Way which is fully improved, but Springfield Development Code 4.2-120.13 requires that access be taken from the lower classification street. • Deadmond Ferry Road is classified as a County Local Access roadway and is not improved to current City standards. Currently, the street provides adequate access for the existing use and is isolated from full urban standards along International Way. Full improvements to Deadmond Ferry Road per clause 1.1.3 below will be required at time of development consistent with zoning. J. Springfield Utility Board (SUB) provides both water and electric service to the Property after annexation. Both the availability and capacity of these key urban services is required to serve the Property. • The Property currently receives water service from the Rainbow Water and Fire Protection District. SUB will switch the existing Rainbow Water meter to a SUB water meter. There is also an available water source from International Way to serve future industrial development at this Property. • SUB Electric already provides electrical service to the Property. SUB Electric will provide new underground service connection from the existing overhead connection on SUB Pole #78104. The existing infrastructure along Deadmond Ferry Road is ANNEX,tT �-F Nf of gage 2 of 6 Exhibit D, Page 3 of 6 designed to meet the capacity needs for both residential and industrial developments in the vicinity. K. In order to facilitate orderly development of the Property and ensure the full provision of key urban services that are satisfactory to the City and meet the City's conditions for an affirmative recommendation for annexation to the Common Council, and in exchange for the obligations of the City set forth below, APPLICANT shall comply with all requirements imposed on APPLICANT in this Agreement. Now, therefore based upon the foregoing Recitals, which are specifically made a part of this Agreement, the parties agree as follows: AGREEMENT 1. Obligations of APPLICANT. Consistent with the above Recitals, APPLICANT agrees to perform the obligations set forth in this section. 1.1.1. Property owner of this parcel shall maintain the existing driveway location and width in its current configuration until property redevelops to a conforming use for Campus Industrial zoning. 1.1.2. Property Owner of this parcel shall fully improve Deadmond Ferry Road to full urban standards to include full street width paving, sidewalks, curb and gutter, street trees, and storm drainage requirements, when any site plan is approved that is conforming to the existing zoning (Campus Industrial). 1.1.3. Property Owner of this Parcel agrees to connect to the existing sanitary sewer and decommission the existing septic system for the dwelling on this property when any new or replacement dwelling are built on this property that continue the existing non- conforming use. 1.1.4. Property owner of this parcel will extend the storm drain system in Deadmond Ferry Road to this property for any increase in runoff from new impervious area for ANY development on site that cannot be shown to be adequately treated and disposed of on-site using the methods as described in the City of Springfield Engineering Design Standards and Practices Manual (EDSPM) and the City of Eugene Stormwater Management Manual. The existing catch basin in International Way may be used for an overflow only for an onsite stormwater infiltration system. 1.2. APPLICANT shall provide and be financially responsible for the provision of any additional urban facilities and services identified during the review and approval of any future land use development applications necessary to serve the future use on the Property, including the construction and maintenance thereof. 1.3. In determining APPLICANT's share of costs for the improvements described in this Agreement, the full cost for the provision of the improvements at the time of construction shall be used. For the purposes of this Agreement, the full cost shall include design, construction, acquisition of land and/or easements, studies, permits from all agencies having jurisdiction, attorney's fees, and all other costs reasonably associated with the implementation of the needed improvements. ANNEX,tT �_F N5T0 f gage 3 of 6 Exhibit D, Page 4 of 6 2. Obligations of City. Consistent with the above Recitals, City agrees to: 2.1 Support APPLICANT's defense of any appeal of the City's annexation decision. However, the City will not assume any financial responsibility to provide legal counsel on appeal. 3. Covenants Running With the Land. It is the intention of the parties that the covenants herein are necessary for the annexation and development of the Property and as such shall run with the Property and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit to and burden upon the Property. This Agreement shall be recorded, at APPLICANT's expense, upon its execution in the Lane County Deeds and Records. This Agreement may be assigned by APPLICANT and shall benefit any assigns or successors in interest to APPLICANT. Execution of this Agreement is a precondition to the support of the City for annexation of the Property described in Exhibit A to the City. Accordingly, the City retains all rights for enforcement of this Agreement. 4. Limitations on the Development. No portion of the Property shall be further developed, except as may be approved for a prior non -conforming use or expansion/modification thereof, prior to the approval of a land use application for development that is consistent with the standards for the Campus Industrial zoning district. 5. Mutual Cooperation. City and APPLICANT shall endeavor to mutually cooperate with each other in implementing the various matters contained herein. 6. Waiver of Right of Remonstrance. APPLICANT agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane County, or the City and to waive all rights to remonstrate against these improvements. APPLICANT does not waive the right to protest the amount or manner of spreading the assessment thereof, if the assessment appears to APPLICANT to be inequitable or operate unfairly upon the Property. APPLICANT waives any right to file a written remonstrance against these improvements. APPLICANT does not waive its right to comment upon any proposed Local Improvement District (LID) or any related matters orally or in writing. 7. Modification of Agreement. This Agreement may only be modified in writing signed by both parties. Any modifications to this Agreement shall require the approval of the Springfield Common Council. This Agreement shall not be modified such that the minimum level of key urban facilities and services as defined in Policy 31 of the Springfield 2030 Refinement Plan — Urbanization Element and as required herein are not provided in a timely manner to the Property. 8. Land Use. Nothing in this Agreement shall be construed as waiving any requirements of the Springfield Development Code or Springfield Municipal Code which may be applicable to the use and development of this Property. Nothing herein shall be construed as City providing or agreeing to provide approval of any building, land use, or other development application or Land and Drainage Alteration Program (LDAP) permit application submitted by APPLICANT. ANNEX,QQ�_F of g8ge 4 of 6 Exhibit D, Page 5 of 6 APPLICANT is responsible for obtaining, at APPLICANT's expense, all State and/or Federal permits and any other approvals as may be required. 9. Dolan. APPLICANT knows and understands any rights it may have under the law as interpreted in Dolan v. City of Tigard, 512 US 374 (1994) and subsequent cases interpreting the legal effect of Dolan and by entering into this Agreement hereby waives any requirement that the City demonstrate the public improvements and other obligations of APPLICANT, for payments, financial responsibility and reimbursements set forth in Section 1, required herein, are roughly proportional to the burden and demands placed upon the urban facilities and services by the development and to the impacts of the development of the Property. APPLICANT further waives any cause of action it may have pursuant to Dolan v. Cites Tigar and cases interpreting the legal effect of Dolan arising out of the actions described herein. 10. Ballot Measures 37/49/ORS 195.300 et seg. APPLICANT knows and understands any rights it may have under Oregon Revised Statutes (ORS) Chapter 195.300 et seq., "Just Compensation for Land Use Regulation." APPLICANT for itself and its heirs, executors, assigns, administrators and successors hereby waives any claim or cause of action it may have under such ORS provisions against the City. 11. Invalidi . If any provision of this Agreement shall be deemed unenforceable or invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Oregon. ANNEX,QQ�-F N-- of g8ge 5 of 6 Exhibit D, Page 6 of 6 DATED this day of , 20_. IN WITNESS WHEREOF, the APPLICANT and City have executed this Agreement as of the date first herein above written. APPLICANT IC Its: STATE OF OREGON COUNTY OF LANE I SS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ?ks (APPLICANT) CITY OF SPRINGFIELD By: Nancy Newton, City Manager STATE OF OREGON SS COUNTY OF LANE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (CITY) AS Date OF NOTARY PUBLIC FOR OREGON OF NOTARY PUBLIC FOR OREGON ANNEX,tT �-F N8Tof g8ge 6 of 6 ,20 BY ,20 BY