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Home My WebLink AboutApplication APPLICANT 11/17/2021lZity of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Final Site Plan Review $PnINOFlELD Application Site Plan:W IMinor Site Plan Modification: ❑ Ma'or Site Plan Modification: ❑ Required Project Information (Applicant., complete this section) Applicant Name: Nick Amann Phone: (541) 744-3711 Company: Springfield Utility Board Fax: Address: 1001 Main Street, Springfield, OR 97477 Applicant's Rep.: Richard M. Satre, AICP, ASLA, CSI Phone: (541) 686-4540 Company: The Satre Group Fax: Address: 375 W 41h Avenue, Suite 201, Eugene, OR 97401 Property Owner: Springfield Utility Board Phone: (541) 726-2395 Company: Springfield Utility Board Fax: Address: 1001 Main Street, Springfield, OR 97477 ASSESSOR'S MAP NO: See Applic. Narrative TAX LOT NOS : See Applic. Narrative Propertv Address: See Applic. Narrative Size of Property: 29.79 Acres 7 Square Feet Proposed Name of Project: SUB Glenwood Substation Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Construct electric substation and associated transmission line Existin Use: Vacant, not developed I Tentative Case #:811-19-000129-TVP3 Si natures: Please sign and print Mour name and date in the aQQronrJate box on the next Q.0ge. Required Project Information (City Intake Staff., complete this section) Associated Applications: Case No.: / Date: Z Reviewed by; Application Fee: $ Technical Fee: Posta a Fee: 0 ''II TOTAL FEES: �_ 5�-I'.V17�{�-9 PROJECT NUMBER: Revised 1/1/08 Molly Markarian 1 of 4 Signature I represent this application to be complete for submittal to the City. I affirm that 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 complete `�application. // Date: it Signature NV c-7ola5 AVN UYIn Print Revised 1/1/08 Molly Markarian 2 of 4 Final Site Plan Review Application Process 1. Applicant Submits a Final Site Plan Review Application to the Development Services Department The application must conform to the Final Site Plan Review Submittal Requirements Checklist on page 4 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Final Site Plan Review Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check within 30 days of submittal. • The assigned Planner notifies the applicant in writing regarding the completeness' of the application. • An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. • Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application & Issues Final Approval • This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the use of discretion. • Decisions address all the applicable approval criteria and/or development standards. • Applications may be approved, approved with conditions, or denied. • The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. • The decision issued is the final decision of the City and may not be appealed. 4. City Drafts a Development Agreement Applicant and City sign Development Agreement Final Site Plan and Development Agreement become null and void if construction has not begun within two years of signing the Development Agreement. S. City Conducts Final Site Inspection City authorizes provision of public facilities and services and issues Certificate of Occupancy Revised 1/1/08 Molly Markarian 3 of 4 Final Site Plan Review Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. Q Application Fee - refer to the Development Code Fee Schedule forthe appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. Final Site Plan Review Application Form Q Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. Q Five (5) Copies of the Final Site Plan Sets incorporating all required modifications and applicable conditions Q Additional Documents requested as Conditions of Approval as part of the Site Plan Review decision. Revised 1/1/08 Molly Markarian 4 of 4 November 23, 2021 City of Springfield Development & Public Works Department 225 S^ Street Springfield, OR 97477 Attn: Andy Umbird, Senior Planner Re: SUB Glenwood Substation and Transmission Line Map 18-03-03-13, Lot 00101; Map 18-03-03-12, Lot 03701; Map 18-03-03-14, Lots 01000 and 01100; and Map 18-03-03-40, Lot 00300 Site Plan Review (Case #811-19-000084-TYP2) Response to Conditions of Approval Dear Andy, This Final Site Plan Review application implements the city's recent remand decisions concerning Springfield Utility Board's ("SUB") planned Glenwood substation and transmission line (the "Project"). The city Hearings Official approved the Tentative Site Plan, Tree Felling Permit and Hillside Development Permit for the portion of the Project outside of city limits on August 26, 2021. The city Planning Commission approved the Tentative Site Plan, Tree Felling Permit and Hillside Development Permit for the portion of the Project inside city limits on September 8, 2021. These recent city decisions addressed the issues concerning the city's 2019 approvals of the Project that were remanded to the city by the Oregon Land Use Board of Appeals, as modified by a decision of the Oregon Court of Appeals. See Royal Blue Organics v. City of Springfield, 310 Or App 518 (2021); LUBA Nos. 2019-092/094/095/134. This complete submittal consists of a Final Site Plan Review application, the application fee, this set of responses, and the Final Plans. The responses below address all conditions of approval of SUB's Tentative Site Plan imposed by the Hearings Official and the Planning Commission in their respective remand decisions, as well as other matters related to the site plan for the Project. Site Plan Review Remand Conditions of Approval Conditions of Approval The Planning Commissions' Site Plan Review remand decision included 11 conditions of approval and the Hearings Official's Site Plan Review remand decision included three conditions of approval. The Hearings Official's conditions are all mirror conditions imposed by the Planning Commission. SUB therefore lists the conditions below in the order presented in the Planning Commission's remand decision and notes the overlap with the Hearings Official's conditions. The conditions are shown in italics and SUB's responses are in plain text. The applicant's responses are in plain text. Planning Commission Condition of Approval #1: Prior to approval of the Final Site Plan, the applicant shall enter into a maintenance agreement with the City of Springfield, whereby the applicant will provide routine maintenance for functionality of the vegetated rain gardens, grassy swales, and vegetated detention basin serving the development site. Applicant Response: The applicant has generated an operations and maintenance agreement for the proposed vegetated rain gardens, fitter strip, and vegetated detention basin. See attached Exhibit COA 1. PIANNERS , LANUSCAPEARCHITEprS + ENVIRONMENTAL SPECIALISTS 375 West 4th, Suite 201, Eugene, OR 97401 Phone: 541.686A540 www.sstregroup.com �T1� +) lnt SATRE GROUP Springfield Utility Board Page 2 of 4 Glenwood Substation and Transmission Line (Map (Map 18-03-03-13, Lot 00101; ; Map 18-03-03-14, Lots 01000 and 01100; and Map 18-03-03-00, Lot 00300) Final Site Plan Review- Response to Conditions of Approval Planning Commission Condition of Approval #2: Prior to approval of the Final Site Plan, the applicant shall provide an operations and maintenance plan satisfactory to the City to ensure viable long-term maintenance and operation of the vegetated rain gardens, grassy swales, and vegetated detention basin. The operations and maintenance plan shall designate the responsible party for operating and maintaining the system and shall be distributed to all property owners and tenants of the site. A record of this plan shall be filed against the property deed with Lane County Deeds and Records. Applicant Response: The applicant has generated an operations and maintenance plan for the proposed vegetated rain gardens, filter strip, and vegetated detention basin. A record of this plan (specifically a Notice of Operations and Maintenance Agreement) has been recorded with Lane County Deeds and Records. See attached Exhibit COA 2. Planning Commission Condition of Approval #3: To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the infiltration rain gardens, grassy swales, and vegetated detention basin shall be fully vegetated with all vegetation species established prior to issuance of final occupancy and commencement of operations. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosion controbwater quality measures acceptable to the Development & Public Works Department that will suffice until such time as the rain garden, swale, and detention basin vegetation becomes fully established. The interim erosion control measures shall be in addition to the required plantings for the site. Applicant Response: Acknowledged and agreed. Planning Commission Condition of Approval #4: The Final Site Plan shall provide fora Knox padlock for any manually operated gates or a Knox keyed gate switch for any electrically operated gates serving the access driveway and electric substation compound. Applicant Response: A Knox padlock will be added to the manually operated gate at the driveway entrance to the site, as requested by Eugene -Springfield Fire. See attached Exhibit COA 4. Planning Commission Condition of Approval #5 and Hearings Official Condition #1: Prior to approval of the Final Site Plan, the applicant shall execute and record a variable -width electric transmission line easement across Tax Lots 101 and 1100, as generally depicted on the tentative site plan, and provide evidence thereof to the City. Applicant Response: The applicant has executed and recorded two variable -width electric transmission line easements across the Project property. One easement covers the parcels owned by SUB, which are Tax Lots 101, 1100 and 1000. This easement ensures that SUB remains in control of the transmission line in the event that SUB transfers ownership of any of these parcels. The other easement secures the portion of the transmission line that will be located on EWEB's property, Tax Lot 300. See Exhibit COA 5. Planning Commission Condition of Approval #6: The Final Site Plan shall provide elevation details for the control house building and other structures within the substation compound. Applicant Response: Elevation details for the control house building and other structures within the substation compound are included in the Final Site Plan. See Exhibit COA 6. Planning Commission Condition of Approval #7: The Final Site Plan shall provide for suitable structural and/or vegetation screening of the substation compound enclosure, including portions that are visible from the 1-5 corridor and residential properties to the south across 1-5. The Satre Group • 375 West 4^ Avenue, Suite 201, Eugene, OR 97401 • (541) 6864540 • wwwsatrearouocom Springfield Utility Board Page 3 of 4 Glenwood Substation and Transmission Line (Map (Map 18-03-03-13, Lot 00101; ; Map 18-03-03-14, Lots 01000 and 01100; and Map 18-03-03-00, Lot 00300) Final Site Plan Review— Response to Conditions of Approval Applicant Response: The applicant has added slats to the substation compound's chain link fence along the southern boundary to screen the compound from the 1-5 corridor and residential properties on the other side of the Interstate to the south. The fence will be a subtle color to blend with the surrounding vegetation. See attached Final Site Plan Sheet 1-3.0. Planning Commission Condition of Approval #8 and Hearings Official Condition of Approval #2: Prior to approval of the Final Site Plan, the applicant shall obtain a Hillside Development Permit for the project as initiated by Case 811-19-00001 Applicant Response: As described above, both the Planning Commission and the Hearings Official issued final decisions approving the Hillside Development permit for the Project following the remand proceedings. Therefore, this condition is satisfied. Planning Commission Condition of Approval #9: The Final Site Plan for the electric substation and segment of transmission line within the City limits shall provide for hand watering and other supplementary irrigation measures as necessary to ensure successful vegetation establishment in the landscaped and revegetated areas depicted on the applicant's site plan. Applicant Response: Hand watering will be provided by the property owner to ensure the vegetation is successfully established. Planning Commission Condition of Approval #10: Prior to issuance of any City permits for initiation of construction within Tax Lot 101, the applicant shall obtain approval of a wetland fifilmmoval permit from applicable state and federal agencies and provide evidence thereof to the City. Applicant Response: Both the U.S. Army Corps of Engineers and the Oregon Department of State Lands have issued wetland development permits for the Project on Tax Lot 101. See Exhibit 10. Planning Condition of Approval #11 and Hearings Official Condition of Approval #3: The property owner or their designee shall be responsible for ongoing and perpetual maintenance of the private stormwater facilities on the site to ensure they function as designed and intended, and to ensure protection of groundwater resources. Annual maintenance records shall be kept by the property owner or their designee and provided to the City for review upon reasonable request — normally within five business days. Applicant Response: Acknowledged and agreed. The property owner or their designee will maintain the private stormwater facilities on the site and keep annual maintenance records. The records shall be provided to the City upon reasonable request. Additional Matters Access Easements: Although not required by the conditions of approval in the remand decision, the applicant has recorded two easements that confirm access rights across the Project area. These easement areas correspond to the access road approved by the city in the remand decisions. One easement runs across SUB's property on tax lots 101, 1100 and 1000. This easement ensures that SUB will continue to have access to the project area in the event that SUB transfers fee title to any of these three parcels. The other easement grants SUB access across EWEB's property on tax lot 300. Interpretation of GEMU District Rules: The Hearings Official's original 2019 approvals of the Project required the City Planning Director to enter the land use determination that the GEMU District allows high impact facilities into a registry on file in the Development Services Department, consistent with SDC 3.4- 260.A.3. The Director complied with this condition and the Director's determination was upheld by the Land Use Board of Appeals in the Royal Blue Organics case. The Satre Group • 375 West 41h Avenue, Suite 201, Eugene, OR 97401 • (541) 888-4540 • w .satrearcuo.com Springfield Utility Board Page 4 of 4 Glenwood Substation and Transmission Line (Map (Map 18-03-03-13, Lot 00101; ; Map 18-03-03-14, Lots 01000 and 01100; and Map 18-03-03-00, Lot 00300) Final Site Plan Review— Response to Conditions of Approval Tree Planting Requirements: The Planning Commission's original 2019 approval of the Tree Felling Permit for the Project required SUB to provide for eight (8) additional trees of 2 -inch caliper to be planted in addition to the 20 trees SUB originally proposed for planting. This condition also required a one-year growing season warranty. SUB will abide by this condition, and eight additional trees of 2 -inch caliper have been added to the site plan. Conclusion Applicant has addressed all conditions of approval in the city's Tentative Site Plan Review remand decisions, and all other matters relevant to Applicant's final site plan. Applicant has submitted this application for Final Site Plan Review within 90 days of the city's remand decisions approving Tentative Site Plan Review of the Project. Applicant has therefore demonstrated compliance with the city's Final Site Plan Review criteria at SDC 5.17-135. Thank you for your assistance with the applicant's Final Site Plan Review process. Sincerely, RtckSatre Rick Satre, AICP, ASLA, CSI Principal The Satre Group The Satre Group • 375 Wesl4" Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540 • w .satrearouyxcrn 1j THE SATRE GROUP Land Use Planners, Landscape Architects, Environmental Specialists 375 West 411 Avenue, Suite 201, Eugene, Oregon 97401 ,u (541)686-4540 • www.satregroup.com TO: City of Springfield 225 51h Street Springfield OR 97477 TRANSMITTAL DATE: November 23, 2021 PROJECT: SUB Glenwood Substation Final Site Plan Review Submittal CLIENT PROJ #: ATTN: Mr. Andrew Limbird SG PROJ #: 1804 TRANSMITTED: HerewithX DISPOSITION: For Your Approval Separate Cover For Your Information/Use Other For Reply TRANSMITTED: # Copies Item Dated No. Pages fin addition to this cover page) Final Site Plan Review Application Varies Several REMARKS: This Final Site Plan Review application packet is hereby submitted for processing. 1. This Transmittal 2. Application Fee 3. Application Form 4. Condition of Approval Response Letter 5. Condition of Approval Exhibits: 5.1 COA 1 & 2 — O&M Agreement, Notice of O&M Agreement and O&M Plan 5.2 COA 4 — Fire Marshal Email 5.3 COA 5 — Access and Transmission Line Easements 5.4 GOA 6 — Control Building and Other Structure Elevations 5.5 COA 10—Transmittal of Wetland Permit Corps of Engineers 5.6 COA 10 — Wetland Permit Corps of Engineers 5.7 COA 10—Wetland Fill Permit DSL 6. Additional Exhibits 6.1 Driveway Access Easements 6.2 GEMU Interpretation 7. Landscape Plans 8. Civil Plans We look forward to your assistance with the project. Thank you. COPIES TO: X Agency File X Consultant Team XB Owner X Other BY: Rick Satre, AICP,. ASLA CSI DIRECTOR'S USE INTERPRETATION GLENWOOD RIVERFRONT MIXED-USE PLAN DISTRICT Name: Springfield Utility Board Proposed Transmission Line Location: Vacant Parcels at Map 18-03-03-14, Tl. 1000 and Map 18-03-03-40, TL 300 Zoning: Glenwood Employment Mixed-Use(GEMU) Comprehensive Plan Designation: GEMU (Glenwood Refinement Plan) Overlay Districts: Urbanizable Fringe (UF -10); Hillside Development Overlay Interpretation Issued Date: 11/14/2019 Associated Applications: 811-19-000084-TYP2 (Site Plan Review); 811-19-000085-TYP2 (Hillside Development Overlay) Background: The Springfield Utility Board ("SUB") has submitted development applications. regarding a new substation and transmission line to serve the Glenwood neighborhood and western portion of the SUB system. The substation is proposed at 18-03-03.13, TL 101, and the new transmission line would connect the substation to existing transmission infrastructure on Eugene Water & Electric Board C'EWEB") property at 18-03-03-40, TL 300. The proposed transmission line qualifies as a "High Impact Public Utility Facility" under SDC 6.1-110 based on its voltage. The transmission line would span four tax lots. The substation site (TL 10 1) and the adjacent tax lot to the east, 18-03-03-14, TL 1100, are both zoned Light -Medium Industrial (LMI). The LMI zone explicitly allows high impact facilities if the facility is designated in the Metro Public Facilities and Services Plan ("PFSP") or if the City approves the facility under a Type III procedure. See SDC 3.2-410 and 4.7-160. The other two tax lots along the proposed transmission route, 18-03-03-14, TL 1000 and 18-03- 03-40, TL 300, are both zoned Glenwood Employment Mixed Use (GEMU). These two parcels also have an Urbanizable Fringe (UF -10) overlay because these parcels are outside of City limits but within the City's urban growth boundary. The GEMU zone does not explicitly allow or prohibit high impact public utility facilities, but the IJF-10 zone does explicitly allow these facilities under the same criteria as the LMI zone. See SDC 3.3-815. SUB has applied for three land use permits to develop its proposed Glenwood facilities, including a tree felling permit, site plan review, and a hillside development permit. Planning staff approved each of these permits, which were affirmed on appeal by the Springfield Planning Commission and the Springfield Hearings Official.' ' The decisions of the Springfield Planning Commission and of Hearings Official have been appealed to the Oregon Land Use Board of Appeals. As of the date of this Interpretation, no stay has been ordered. JDW13250:4i One of the issues in the appeals is whether SUB'S proposed transmission line is a permitted use in the GEMU zone. The initial Director's Decision concluded that the proposed transmission line is permitted in SUB's proposed location because of the relationship between the OF -10 rules and the GEMU rules, and because the City approved the proposed location in a 2015 amendment to the PFSP. The issue of the proposed transmission line in the GEMU zoning was considered by the Springfield Hearings Official in the appeal of the Site Plan decision, 811-19-000084-TYP2, attached hereto.' The Hearings Official issued findings addressing SDC 3.4-260, and added a condition of approval as follows: Condition 12: Prior to approval of the Final Site Plan, the Director shall enter the land use determination that the GEMU District allows high impact facilities into a registry on file in the Development Services Department, consistent with SDC 3.4-260.A.3. This use interpretation addresses whether SUB'S proposed transmission line is a permitted use in the GEMU zone without reliance on the OF -10 rules, as required by Condition of Approval 12 in the Hearings Official Decision. Findings of Fact and Conclusions of Law: Applicable criteria are indicated in italics and the Director's findings are shown below each criterion. Availability of Use Interpretation Procedure: ORS 227.160(2) and SDC 3.4-250 and 260A Director's Findings: The findings and conclusions of the Hearings Official in the appeal of 811-19-000084-TYP2, attached and incorporated by reference, are adopted in support of this interpretation. The following findings are adopted to supplement those of the Hearings Official. State law allows a city to issue a "decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone" if the determination only affects land within the local urban growth boundary. ORS 227.160(2)(b). These decisions are exempt from the procedural requirements that apply to "permits." ORS 227.160(2). The City's Glenwood Riverfront Mixed Use Plan District land use regulations allow the Director to apply this state use interpretation procedure to define uses permitted in the Glenwood zones. SDC 3.4-250 includes a schedule of uses permitted in the Glenwood zones and states that "[u]ses ' This issue was not considered as part of the Springfield Planning Commission's appeal decisions. The Planning Commission's jurisdiction on appeal is limited to the development area that is within City limits. Because none of the properties zoned GEMU and subject to this application are within City limits, this issue did not fall under the Planning Commission's jurisdiction. 100013250:41 not specifically listed may be approved as specified in Section 3.4-260." SDC 3.4-260 allows the Director to make a use interpretation without a formal review under the state use interpretation statutes if certain criteria (described below) are met. The Director therefore finds that it is appropriate for the City to apply the use interpretation procedure to determine whether SUB's proposed transmission line is a permitted use in the GEMU zone. SDC 3.4-260A. The use categories listed in Section 3.4-250 include examples that illustrate permitted -uses within the particular category. A specific use not identified within a category will be permitted by the Director without a formal review, as permitted in ORS 227.160(2)(b) and (11), if: 1. A finding is made that the proposed use meets the intent of the category as defined in Section 3.4-250; Director's Findings: The City and other Metro area governments authorized SUB to site the transmission line in SUB's proposed location, within areas zoned GEMU, through a 2015 amendment to the PFSP (Project 17B, adopted by Ordinance 6341). Because the PFSP is part of the Metro Plan, the City must interpret the Glenwood Riverfront Mixed Use Plan District regulations consistently with the PFSP. Therefore, the proposed transmission line is consistent with the intent of the GEMU zone because it is authorized by the PFSP. In addition, SUB's proposed electrical infrastructure is designed to facilitate the mixed use development envisioned by the Glenwood Refinement Plan and Glenwood zoning rules by providing needed upgrades to the local electrical grid. The proposed transmission line is therefore consistent with the intent of the GEMU zone because it facilitates the uses allowed in this zone. 2. The use has impacts to surrounding properties and City infrastructure that are similar in type and magnitude to the other permitted uses typical of the category; Director's Findings: The proposed transmission line has impacts similar to or less than other uses allowed in the GEMU zone, Specifically, the impact of the transmission line is similar to public and private parking structures and wireless telecommunications facilities. The transmission line is visually similar to wireless facilities, and limits additional development along the transmission corridor similar to the way a public or private parking structure limits development in parking areas. SUB's infrastructure will have lower impacts than certain uses permitted in the GEMU zone, including business parks and hospitals. See SDC 3.4-250. These uses create a much greater traffic impact and demand for public services than SUB's proposed transmission line. 3. The Director enters the decision into a registry on file in the Development Services Department. The registry shall be made available to the public upon request and shall contain the following information: a. The street address or other easily understood geographic reference to the property upon which the specific use will occur, l000sszso:al b. The date of the decision, and c. A description of the decision made; Director's Findings: 'These three criteria implement the procedural requirements in ORS 227.175(11). This Interpretation and the attached Hearing's Official decision adequately describe the subject property, the decision made, and the date of the decision. This document is physically located in the Glenwood Refinement Plan Overlay District Registry of Informal Interpretation maintained within the Community Development Division. The City will make this decision available to the public upon request 3 B. Uses that the Director determines cannot be readily interpreted as specified in Subsection 3.4-260A. will be processed as a formal interpretation as specified in Section 5.11-100. (6279) Director's Findings: SUB's proposed transmission line can readily be interpreted as a permitted use in the GEMU zone under a use interpretation procedure for the reasons described above. A formal interpretation therefore is not necessary in this case. 0RS227.175(12): Election regardingpublic notice ofuse interpretation Director's Findings: State law provides that an applicant for a use interpretation may request public notice of the decision, in order to trigger the 21 day period for an appeal to the Land Use Board of Appeals. City staff have conferred with SUB and SUB requests that the City issue public notice of this interpretation. The City therefore will issue the notice. DECISION: For the reasons described above, the Director concludes that SUB's proposed Glenwood transmission line is a permitted use in the GEMU zone as shown in the PFSP, on parcels 18-03-03-14, TL 1000 and 18-03-03-40, TL 300, subject to SDC 4.7-160. Like other uses within the Glenwood Riverfrout Mixed Use Plan District, the transmission line is also subject to Site Plan Review. SUBMTffED dun Donovan, Current Planning Manager 3 Since the adoption of SDC 3.4-260, the City restructured the Development Services Department and Public Works Department into a combined Development and Public Works Department. The Community Development Division is a division of the Development and Public Works Department that houses the City's current and community planning services (in addition to other City services). 100013250:4) C� AREA RECORDING RMRN TO: CMCADETITLECOMPANY ell WILLAMETTE $T., EUGENE: OR 97401 C(-o3?1135�Gu7 ,-2l-P-1 J5 Lane County Clerk 2021-059415 After Recording, Please Return To: Lane County Deeds and Records Springfield Utility Board IIIIIIIIII II'Ie III IIIIIIIII III III III$137.00 P.O. Box 300 01975I20IIII94IIDIII Springfield, OR 97477 09/13/2021 02:47:25 PM RPR-ESMT cnL=1 Pgs=7 str-1 CASHIER 05 $36.00 $20.00 $10.00 $11.00 $61.00 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (Tax Lot 101, 1000 and 1100, Site Plan Cond. 5) This Declaration of Transmission Line Access Easement Agreement (this "Agreement') dated effective this 10th day of September; 2021 (the "Effective Date', is by and between THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantor" and "Owner') and THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantee" and "SUB'). Whereas, Owner owns certain real property known as Lane County Tax Lot Nos. 18-03-03- 13-00101, 18-03-03-14-01000, and 18-03-03-14-01100 (together, "Owner's Property'); Whereas, Owner may transfer Owners Property to a third -party and desires to declare. the Easement (as described below) over Owner's Property, such that upon a transferof all or any portion of Owner's Property to a third party, (a) the Easement shall become of full force and effect upon such transfer, (ti) such transferee shall take its interest subject to and shall succeed to the rights and obligations of"Owner" hereunder as to any portion of the Easement Area transferred to such transferee, and (c) SUB shall retain all rights and obligations of SUB and Grantee hereunder. For valuable consideration hereby acknowledged and in satisfaction of Condition No. 5 of Type II Tentative Site Plan, Review Case No. 811-19-000084-TYP2 issued by the City of Springfield, Owner and SUB agree as follows: 1. Grant of Easement. Owner hereby grants, bargains, sells and conveys to SUB a perpetual non-exclusive easement (the "Easement') over and across that. portion of Owner's property legally described in Exhibit A attached hereto (the "Easement Area') and depicted in Exhibit B attached hereto, for the use described in Section 2 below and on the terms and conditions of this Agreement. 2. Permitted Use. SUB shall have the right to use the Easement Area for access to the transmission line easement (the "Transmission Line Easement'l described in the Transmission Line Easement Agreement of even date herewith executed by Owner and SUB, SUB may construct, install and maintain an access road over the Easement. Area as necessary for passage of vehicles and equipment. SUB is further granted the right to use the described easement for the purpose of placing, constructing, operating, repairing, reconstructing, maintaining and relocating distribution, fiber and telecommunication lines and associated equipment. Reserved Use. Owner reserves the light to use the Easement Area for any other PAGE 1 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101,. 1000 and 1100) use, including granting other easement rights, so long as such use does not impair SUB's rights hereunder. Owner agrees that it will not construct any buildings or other permanent structures other than asphalt pavement, curbs, sidewalks and driveway aprons in the Easement Area without SUB's prior consent. Each party shall comply with all applicable local, state and federal laws and regulations relative to its activities in and use of the Easement Area. 4. Maintenance. SUB accepts the condition of the Easement Area in its as -is condition. Owner shall be responsible for maintaining the Easement Area for Its own use and shall not be liable to SUB in connection therewith, except that neither party shall change the topography of the Easement Area without the consent of the other party. SUB shall be responsible for maintaining the Easement Area for its own use. To the extent the same affects the Easement Area, Owner consents that SUB's construction of its project in conformance with City of Springfield: Site Plan Review Case 811-19-000084; Land and Drainage Alteration Permit 811-20-000110PW; and Hillside Development Overlay Permit 811-19.000085, or subsequent modifications thereto, is permitted. Further, Owner will not unreasonably withhold consent to activities in conformance with SUB's project authorized by these rases and decisions or any subsequent modification thereto or approvals necessary for the project. SUB shall have the right to trim and remove trees and shrubbery and perform other vegetation management as needed for installation and maintenance of its Facilities and in conformance with City of Springfield Tree Felling Permit 811-19-000102 or subsequent modifications thereto. SUB will remove or chip and spread all brush, slash and wood generated from this activity. 5. Inde ni . SUB shall indemnity, defend and hold Owner harmless from and against any third party claims incurred in connection with the use of the Easement Area by SUB or SUB's employees, contractors, invitees or other related parties. In the event that either party damages the facilities of the other party in the Easement Area, such party responsible for the damage shall reimburse the other party for its costs to repair its facilities. 6. Binding Effect. This Agreement is binding on and will inure to the benefit of the owner of the Easement Area, the parties to this Agreement, and the successors and/or assigns thereof. The Easement shall be appurtenant to and benefit the Transmission Line Easement, but SUB shall not otherwise have the right to assign or grant to any third party rights relative to this Agreement, the Easement or the Easement Area. 7. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. In the event of failure by either party to perform its obligation under this Agreement, following thirty (30) days' written notice of default, the non -defaulting party shall have the right to pursue any and all remedies available at law or in equity. 8. Amendment/Termination. This Agreement may only be amended or terminated by a written instrument signed by all parties. % Attorney's Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the non -prevailing party reasonable attorney's fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 10. Applicable Law. This Agreement shall be construed, applied, and enforced in PAGE 2 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) accordance with the laws of the State of Oregon. 11. Counterparts. This Agreement may be executed In one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but the same instrument. 12. Nonmeroer. This Agreement is made and the Easement is granted to comply with the CI1y of Springfield Site Plan Condition No. S. It is intended to burden present and successor owners of the Owner's Property, and to benefit the applicant under City of Springfield' Site Plan Review Case 811-19-000084. Although at the time of this Agreement, the grantor is the both the fee owner the ("Dominant Estate") and the holderof the Easement (the "Servient Estate"), it is, the express Intent of this Agreement that the Doctrine of Merger shall not apply to the Easement and the Dominant Estate. The Easement shall continue unless such Easement Is specifically terminated by a mutually executed recorded agreement of the owners of the Dominant Estate and Servient Estate. This Nonmerger provision Is perpetual, shall run with the land, and shall be binding upon and inure benefit of the respective successors and assigns of the Servient Estate and the Dominant Estate and all parriesandpersons claiming under them. 13. Acceptance by Grantee, SUB, as grantee hereunder, hereby approves and accepts the foregoing conveyance of easement. PAGE 3 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written GRANTOR/OWNER; THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By: Jeff Ne1qW, General Manager STATE OF OREGON ) :ss COUNTY OF LANE p'. ) J On this I day of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation, who acknowledged before me that he/sdasigned the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. 2 OFFICIALSTAMP JULIE ANN JOHNSON NOT YP L EGON 1$ yGDs, NOTARY PU6UG-OREGON COmFflission ex fires: 6 COMMISSION NO.998173 MY COMMISSION EXPIRES MARCH 18.: [See attached for Grantee/SUB S)gnafure Page.] PAGE 4 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) GRANTEE/SUB: THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By. Jeff NGeneral Manager STATE OF OREGON ) :ss COUNTY OF LANE ) On this 10 day of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation, who acknowledged before me that he/she signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OPFlCIAL STAMP N U U VU JULIE ANN JOHNSON NOTARY PUBLIC -OREGON NOTARY PUBLI WFOR OREGON I �j Commission expl es: COMMISSION NO.998173 MY COMMISSION EXPIRES MARCH 18, 2024 PAGE 5 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA An menflandinNorlboxa s"unter of Section 3,Township 18 Booth, Range 3 Wastofthe Willamette Meridien being mare pmRoularly, described as follows: Pmca12 of Laed Partition PlatNumb r 93-P0340 a planed and mcmdod in the Lame County Oregon plat Records and all those parcab oflend w conveyed in that certain Stipulated General Jodgmmtrmorded a Instrument number 2019-009928 In the Lane County Oregon Official Rewrds contained within 2 ships of Imd 30 feat in width, 15 fent on each side of ibllowing described centerlines: STRIP 1: Beginning at a point on One Westerly boundary of said Ind Partitions Plat Number 93-PO340, South 0°20'14" Baez 4.00 feet from the wartady southwest comer of parcel I of said plat, said point being The Tres Point of Beginning of" ems arline casement dmrlpdW Theme North 89°51.00" Beg 33951 Cel Thrice along the am of a 50.00 foot nation curve, to the right (the tong chord of which beers South SI°54'29"Bart 61.011 adivmma of65.62 feet Tharam South 14"18'37" Part 61.94 fact tothe crater of an o>oemig slate: Thence South 34°29'36" Past 86.76 feet Thrace South 48°28.51" Beat 7322 deaf; Thence South 591451" East 5923 feat Thmm South 50°27'19" past 114.96 feet Thenw South 66"37'02" But 107-49 fact Theane South 61"18'15" Bart 59AI feet Throe South 55°43'20" Past 94.38 has; Thence South 72°59'18" Ravi 137.70 few names: South 70°19148" Bast 251.00 fcet Thrace South 73014'22" East 47.05 feet Thrace South 57°04'07" East 39.70 feet Thrace South 35°37'46" Best 56.15 feet; Therms South 43°29'55" East 4931 feet Thence, South 41"39'55" PAU 9852 toot more or has, to a point an the Bert lino of Wean lends conveyed in that certain Stipulated Demand Judgment mentioned herein. and then andmg, all in Lane County Oregon. The sidelines of said amp to be Irigthened of shortened to match adjacent emmmt ships and tuminen on property boundaries in prevent Ops and overlaps as; they apply. STRIP 2: Beginning at a pout South 63°38'15" Part 70137 feet from tire True Point of Beginning of Strip 1 described above, said point being on *a oenmdme of said Ship 1; Theme South 00"00`00" Emu 146 feet more or Im to a point on On north edge of an electric tnmanUssim line easement meamd by Separate docamerit and none coding, all in Lane County Oregon. The intact of Dile cmmdim is a line Parallel to and 15 feet eemedy of the Bad fine of said Parcel 2. This desrn'hed strips are depicted oa Exhibit B mmmbed hesem. The bearings herein am band on the Oregon Coordinate Reference System — Eugene Pmjamion 2011 (epoch 2010). REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 21, 1802 ROBERT G KNES RENEWAL DATE: OaWW PAGE 6 DEQ.ARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) EXHIBIT B DEPICTION OF EASEMENT AREA -- •••aa y W20'14T 4.W gmNavam `°° ""� �'WGINEERIM.anch Jay I o PARR g I Agro �R >gn c, IB -0i -0.7 -IJ �� 310Lh OR 97 Il I01 b 3pI,p8Yd, OR 974" S'� IX 541.T46.OW7 LMP 93- GVF CI nv.8renchEngineetlng.cen IPRV A!-PoJ(0 $11 6137TW36' 6fi W7 '.76i e6. c WB 3 '9115 73M \` JO IT R \ GSDFiII 5761 '71'[35 � sseaWtj147, s7gzr1g15I4lu.gs IW \ 7%•37071517.49 � o log S$1'IFISi 4t tis`IR¢Nn i LEGEND 59S4J'R115 94.19 — FWPM tw i ---- cIIlrDdaff Of TASJEIF mlmY✓1, ISM PA4JeNf NFA IS, 1 ; 30' EASSiSM , 16-41-03- a9 14 S761'48T 271.W is 11W i � I C i S771472E 47D7 I rorc.mm 046T SIR IS 'usr t06 O 1 $E 49.71 REGISTERED obC/ RIB -008916 PROFESSIONAL LAND SLRVEY0A 16-fow 179iii 9897 AwIOW tE--OS-W-10 OREGON R.IW JULY 21.1982 CURVE TABLE ER�•s RD9ERr c. w Es 2555gLs LYolYE OE1.0 DINS CORD E1PPOiEB• Jml9 30. 2023 ci I61t JB' W 6577 SJI'lRY9'E BIM PRCLIECT No. I8-389 PAGE 7 DECLARATION OF TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 101, 1000 and 1100) AFTER REWROING RETURN M MdAOE TME WMPANY 811 WILIAMETIE ST, UGENE, OR 97401 2 CTU31135/tau 7-0,7,t-14 -13 After Recording, Please Return To: Springfield Utility Board P.O. Box 300 Springfield, OR 97477 Lane County Clerk Lane County Deeds and Records 2021-059417 0197677'51202100594170060060 $132.00 RMESMT0091131202102:47:25 PM 530.00 $20,00 $10,00 $11 0 $61,00tn=1 CASHIER 05 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 300) This Transmission Line Access Easement Agreement (this "Agreement's dated effective this 10th day of September, 2021 (the "Effective Date"), is by and between CITY OF EUGENE, LANE COUNTY, OREGON, by and through the EUGENE WATER & ELECTRIC BOARD, a municipal corporation ("Grantor' and "EWEB') and THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation ("Grantee" and'SUB'�. For valuable consideration hereby acknowledged, EWEB and SUB agree as follows: 1. Grant of Easement. EWEB hereby grants, bargains, sells and conveys to SUB a perpetual non-exclusive easement (the "Easement") over and across that portion of EWEB's property legally described in Exhibit A attached hereto (the "Easement Area'J and depicted in Exhibit B attached hereto, for the use described in Section 2 below and on the terms and conditions of this Agreement. The Easement Area and Easement will be contiguous with the Easement and Easement Area, as those terms are defined in the Declaration of Transmission Easement Agreement dated September 10, 2021, and recorded as Recording No. 2621-0544 r,1 in the deed records of Lane County, Oregon, and Declaration of Access Easement Agreement dated September 10, 2021, and recorded as Recording No. 2y1.t-6x9415 in the deed records of Lane County, Oregon. 2. Permitted Use. SUB shall have the right to use the Easement Area for access to the transmission line easement (the "Transmission Line Easement's described in the Transmission Line Easement Agreement of even date herewith executed by EWEB and SUB. SUB may construct, install and maintain an access road over the Easement Area as necessary for passage of vehicles and equipment. Grantee is further granted the right to use Easement Area for the purpose of placing, constructing, operating, repairing, reconstructing, maintaining and relocating distribution, fiber and telecommunication lines and associated equipment subject to the terms and conditions of Shared Use Agreement between SUB and EWEB of even date herewith, 3. Reserved Use. EWEB reserves the right to use the Easement Area for any other use, including granting other easement rights, so long as such use does not impair SUB's rights hereunder. Except as provided in the Shared Use Agreement, EWEB agrees that it will not construct any buildings or other permanent structures other than asphalt pavement, curbs, sidewalks and driveway aprons in the Easement Area without SUB's prior consent. Each party shall comply with all applicable local, state and federal laws and regulations relative to its activities In and use of the Easement Area. PAGE 1 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 300) 4. Maintenance. EWEB shall be responsible for maintaining the Easement Area for its own use and shall not be liable to SUB In connection therewith, except that neither party shall change the topography of the Easement Area without the consent of the other party. SUB shall be responsible for maintaining the Easement Area for its own use. SUB shall have the right to trim and remove trees and shrubbery and perform other vegetation management as needed for Installation and maintenance of its Facilities and in conformance with City of Springfield Tree Felling Permit 811-19-000102, or subsequent modifications thereto. SUB will remove orchip.and spread all brush, slash and wood generated from this activity. SUB and EWEB shall coordinate with the other relative to installation, maintenance, operation and access to their respective facilities located in the Shared Use Areas as provided In the Shared Use Agreement. S. Indemnity. SUB shall indemnify, defend and hold EWEB harmless from and against any third party claims incurred in connection with the use of the Easement Area by SUB or SUB's employees, contractors, invitees or other related parties. In the event that either party damages the facilities of the other party in the Easement Area, such party responsible for the damage shall reimburse the other party for its costs to repair its facilities. 6. Binding Etfect. This Agreement is binding on and will inure to the, benefit of the owner of the Easement Area, the parties to this Agreement, and the successors and/or assigns. thereof. The Easement shall be appurtenant to and benefit the Transmission Une Easement, but SUB shall not otherwise have the right to assign or grant to any third party rights relative to this Agreement, the Easement or the Easement Area. 7. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. In the event of failure by either party to perforin its obligation under this Agreement, following thirty (30) days' written notice of default, the non -defaulting party shall have the right to pursue any and all remedies: available at law or in equity. S. Amendment/Termination. This Agreement may only be amended or terminated by a written instrument signed by all parties. 9. Attomev's Fees, In the event action Is instituted to enforceanyterm of this Agreement, the prevailing party shall recover from the non -prevailing party reasonable attorney's fees Incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts, 10. Applicable taw. This Agreement shall be construed, applied, and enforced in accordance with the laws of the State of Oregon. 11. Acceptance by Grantee. SUB, as grantee hereunder, hereby approves and accepts the foregoing conveyance of easement 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but the same instrument PAGE 2 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LAT 300) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written CITY OF EUGENE, LANE COUNTY, OREGON, by and throu the EUGENE WATER & ELECTRIC BOARD, a municipal poratio By: Frank Laws n, eral Manager STATE OF OREGON ) :ss COUNTY OF LANE]j n( ) On this � day of September, 2021 personally appeared Frank Lawson as General Manager of CITY OF EUGENE, LANE COUNTY, OREGON, by and through the EUGENE WATER & ELECTRIC BOARD, a municipal corporation, who acknowledged before me that he signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OFFICIALSTAMP JULIE ANN JOHNSON NOTARY PUBLIC -OREGON COMMISSION NO. 998173 F IISSION EXPIRES MARCH 18, 2024 [See attached for Grantee PAGE 3 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 300) GRANTEE/SUE: THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation By: Jeff NeW, General Manager STATE OF OREGON :ss COUNTY OF LANE V" ) On this 116 day. of September, 2021 personally appeared Jeff Nelson as General Manager of THE CITY OF SPRINGFIELD ACTING BY AND THROUGH THE SPRINGFIELD UTILITY BOARD, a municipal corporation, who acknowledged before me that he/she signed the foregoing instrument on behalf of thereof and acknowledged to me that the said municipal corporation executed the same. WITNESS my hand and official seal. OFFICIALSTAMP ULIE ANN JOHNSON NOTARY UBC GON Ajg 1:7 ARY PUBLIC-OREGONommssn ex res:MMISSION N0. W8173N EXPIRES MARCH 18,20.19 PAGE 4 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 300) EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA All dueepatcels oflaod as ccoveycd in Wet certain Stipulated General Judgement as recorded es instrument mother 2017-028337 in the Lane County Oregon ORicial Records contained within a strip of land 30.0 feat in width, 15.0 fact on each side Of the following described centerline. Said parcels shown on County Survey File amber 44278 filed in the Lane County Oregon Surveyors Office. Beginning at a 5/8" iron rod with yellow plastic cap stamped "Dahrea LS 60052" marking the Westerly Southwest comer of Parcel 1 ofsaid judgment end shown on the survey mentioned above; dime North 0Oa2410D" East along the west boundary of said Parcel I, 544.18 feet to the True Point of Beginning; Thence leaving said Wet boundary, South 41-39'55- Esq 46.02 feet to the beginning of a 35 fact radius curve On the right (the long chord of which beers South 21°50'20" Fnq 23.74 leap a dlsmnce OF2422 feet thence South 2110'26" East 102.49 fun; Thence along a 35.00 foot radius curve to the right (the long chord Of which beats South 13"41'00" West 19.13 feel) a distance of 19.37 fat; Thence along a 35 real radius rcwcraecurve left (the long chord of which Mars South 14-46113" West 17.85 fee) a distance of 18.05 feet thence SOath 00000'00" Wast 7430 feet; Thence along a 35 foot radius wive to the right (the long chord Of which Man South 46°06'50" Wal 50A5 far) a distance of 5634 feet to the wco boundary ofPercel I and there ending, all in Leve County, Oregon. Tho sidelines of said strip to be lengthened in termisete on the coat boundary of said Parcel I. The intent herein is that this strip aligns and wnttal5 to a matching road easement to the weq. This described seen is depicted on Exhibit B attached hereon. I he beenngs herein arc based on the Oregon Coordinate Reference System — Eugene Projection 2011 (epoch 2010). REGISTERED PROFESSIONAL LAND SURVEYOR JULY 21, 1992 ROBERT O. NOTES I�NEWALDA7E:Ofd3 M PAGE 5 TRANSMISSION LINE ACCESS EASEMENT AGREEMENT (TAX LOT 300)